11902i
AUG1 91540
LAWS
OP THE
MISSISSIPPI,
PASSED AT A CALLED ANDREGELAR SESSION
OF THE
MISSISSIPPI LEGISLATURE.
HELD IN
JACKSON AND COLUMBUS,
DEC. 1863 AND NOT. 1863.
IMI'iji n
SELMA, ALA.
COOPER & KIMBALL, STATE PRINTERS..
1864.
TABLE OF CONTENTS
CALLED SESSION DECEMBER 1862.
CONSTITUTION OF MISSISSIPPI from pag 17 to 41
CONFEDERATE STATES..45 to 64
CHAPTERS. PAGE.
1 AN ACT to amend an act entitled an act to re¬
vise and reduce into one, tlie Militia '
and Volunteer Laws of this State... 65
2 better provide for the families of soldiers 68
3 making certain appi opriations therein >
named 72
t4 to increase the manufacture of Arms. - .. 73
5 to authorize persons who may have sold
arms to, the State, to be paid therefor. 73
6 • to authorize the appointment of two
Medical Commissioners, to especially
, attend to the sick and wounded sol¬
diers from this State, in the Confeder¬
ate Army, and for other purposes 74
7 to provide for a guaranty by, the State
of Mississippi of the Bonds of the
Confederate States 75
8 to tax unauthorized issues of paper mo¬
ney 77
9 to suspend for a limited time the collec¬
tion of the tax therein named ".. 77
10 to amend an act approved January 29th,
1862, to suspend for a limited time cer¬
tain parts of the statute of limitations 78
11 supplemental to au act entitled " an act
to* suspend for a limited time the col¬
lection of the tax therein named."... 78
4 CONTENTS—CALLED SESSION—DECEMBER 1862.
CHAPTER. PAGET.
12 AN ACT in relation to tlie Penitentiary 79
13 to, procure salt for indigent families of
soldiers, and for otlier purposes 79
14 to further provide for the public defenses 81
15 to authorize the impressment of slaves
and other personal properly for mili¬
tary purposes 81
16 to aid in strengthining the Army of
the Confederate States 8T
17 to authorize the removal of the judicial
and other public records of counties
and for other purposes * 89
18 in relation to executors, administrators
and guardians .\ .. . *..... 91
19 further to amend an act entitled " An
act to incorporate the town of Canton,
and to repeal all former acts incorpo¬
rating the same." * 92
2G for the relief of certain public officers. 93
21 to legalize the assessment in the counties
of Yazoo, Lawrence and Carroll 94
22 for the relief of Thomas M. Rae, As¬
signee of James B. TVigiriuton 95
23 to prohibit the distillation of spirits from
grain, molasses or sugar 95
24 for the relief of Captain Henry Jami¬
son, of Attala county 96
25 Preamble and Resolution explanatory of the rea¬
son inducing the Legislature to sus-»
pend for a limited time the collection
of the Military Tax imposed by the
Ordinance of the Convention....... 97
51330T7IjA.R. SESSION NOVEMBER, 1SG3.
CHAPTER. PAGE.
1 AN ACT to provide for organizing and '-disciplin¬
ing the militia of this State 101
2 resolution for the relief of certain
counties 108
3 to allow the sheriffs and tax collectors
additional time to collect the taxes
for the year 1862, in certain cases... 1(10
4 to extend the time of assessing the taxes
in this State for the year 1803 100
5 to amend " An act for the relief of the
Judges pf the Circuit Court of this
State, in certain caf es" 110
6 authorizing the Sheriffs of this State to
receive Confederate Treasury Notes
in -payment of runaway slaves sold,
and fur other purposes Ill
7 to revive aud amend " An act to extend.
the time for the collection of the taxes
of the current fiscal year," approved
December 20, 1801, and for oilier
purposes Ill
g to better provide for the families of
soldiers 113
g to compensate soldiers in the State ser¬
vice jn certain cases 123
q for the relief of tax-payers in certain
cases, and for other purposes ... 123
6 CONTENTS—REGULAR SESSION—NOVEMBER, 1863.
CHAPTER. , PAGE.
11 AN ACT to legalize the removal of personal
property from this State hy. guardians
executors, administrators, and other
trustees, under certain circumstances,
and for other purposes 124
^2 to amend thelawof divorce and allimony 125
13 to amend the impressment law of this
State. 1 126
14 to amend chapter 32 ol the Revised
Code, so far as the same provides'for
registration and sale of estrays 127
15 to compel railroads to keep lights, fire
and water on their cars 127
48 to provide for obtaining juror3 in the
Circuit Courts of this State 123
17 to be entitled an act to regulate the fees
of jailors in this State in certain cases 129
18 to repeal au act entitled u An act to au¬
thorize the appointment of two Medi¬
cal Commissioners to especially attend
to the sick and wounded soldiers from
this State in the Confederate Army
and for other purposes," approved
January 1, 1863 129
13 to provide for the speedy recovery of
personal property wrongfully taken or
detained 129
21 > to suspend the Levee Tax authorized to
be assessed by the Boards of Police
of the Mmsissippi River Levee District 138
21 in relation to overseers of public roads
on the boundary line between two or
more owners of land *. 139
22 to authorize the State Treasurer to re.-
ceive from the delinquent tax collectors
of the several counties in this State
the military bonds or notes falling due
the 1st of June. 1863 and 1864, in
paymentof the amounts due from them
on account of the Military Tax for
the year 1861 139
23 to provide for the payment of claims of
deceased soldiers 140
fcONTENTS—^REGULAR SESSION—NOVEMBER 1863.
7
CHAPTER. PAGE.
24 AN ACT for the relief of families of soldiers in
the counties therein mentioned, and
for other purposes 140.
25 to authorize Probate Clerks in this State
to record anew any deede or other in¬
struments required by law to be re¬
corded, when the rfecords have been
lost, mutilated or destroyed 142
26 to encourage the manufacture of cotton
and wool cards in this State 143
27 to procure cotton and wool cards for
indigent families of soldiers and citi-
zens of this State 144
28 to encourage the manufacturing of wine_
from the native grape 146
29 compelling railroad companies to be re¬
sponsible for freight and baggage.... 146
30 to amend article 32, section 8, of the
Revised Code 147
31 to authorize the removal of the records,
books and papers belonging to any
court of records, and for other pur¬
poses 148
32 to exempt County Treasurers from mili¬
tary duty 149
33 to regulate the pay of Registers and
Receivers of the several Land Offices
of this State 150
34 to provide for the exemption of certain
' officers from service in the Provisional
Army of the Confederate States 150
35 for the relief of the Mississippi State
Troops captured at Yicksburg « 151
36 for the disposition of aliens residing
within the limits of the State of Miss. 152
37 amendatory of the Revenue Laws of this
State 153
38 to provide for the punishment of parties
falsely representing themselves as
government agents 156
39 to punish parties making illegal seizures
and impressments in this State 156
40 to amend an act entitled " An act to aid
in strengthing the Army of the Con¬
federate States.": 159
8 CONTENTS—REGULAR SESSION—NOVEMBER, 1863. »
CHAPTER. PAGE.
41 AN ACT to amend the law relative to sueing out
the writ of "habeas corpus 15#
42 to enable the railroad companies of this
State to pay the monies borrowed by
them 160
43 to provide for the redemption t>f lands
sold to the State for taxes at the office
of the Auditor of Public Accounts.. 161
44 amendatory of article 6, chapter 3, page
292 of the Revised Code, and for
other purposes 162
45 to amend an act entitled " An act to pro¬
cure salt for the indigent families of
soldiers, and for other purposes,"
approved January 1st, 1863 163
46 to amend section 7, chapter 6, Revised
Code of the State of Mississippi, so
far as the same provides compensation
for the 'State Printer, and for other
purposes 166
47 to change the time of holding the Pro*
bate Court of Scott county 167
48 Jbr the relief of John W. Cox, of Win¬
ston county, and to remove the civil
disabilities of said minor 168
49 to remove the civil disabilities of Sydney
Moore Jackson, a minor of the county
of Rankin 168
50 to amend the School Laws of Itawamba
county 169
51 for the relief of G. S. McMillan, Dis¬
trict Attorney for the Second Judicial
District of the State of Mississippi.. 170
52 to remove the civil disabilities of Josiah
II. Askew, a minor 171
53 to remove the civil disabilities of Adol-
phus* II. Ware, a minor 171
54 to authorize the Board of Police of the
county of Itawamba to make an ap¬
propriation out of the County Treas¬
ury to pay the tax assessor for taking
the number of children between the
ages of six and eighteen years, &c., 171
• CONTENTS—REGULAR SESSION—NOVEMBER, 1863. 9
CHAPTER. PAGE.
55 AN ACT to remove the civil disabilities of Thos.
M. Smedes ....... 172
56 to provide for the relief of' destitute
families of Yazoo county. 172
57 to amend an act entitled " An act to in¬
corporate the Mississippi Manufactu- .
ping Company," Approved April 11,
1852 173
- 58 to pay clerks, inspectors und returning
officers of elections of Hancock. Lau¬
derdale and Newton counties, and in¬
crease the per diem of the members
of the boards of police 173
59 to be entitled an act to remove the civil
disabilites of Wm. VY. Brooks, a minor 174
60 to authorize the Speaker of the House
of Representatives and President of
the Senate to appoint Messengers be-
tweeen the two houses 174
61 to incorporate the Southern College of
of Medicine and Surgery 175
62 to incorporate the Alabama and Missis¬
sippi Rivers Railroad Qotnpany 176
63 to remove the civil disabilities of Wal¬
ter McDougal, a minor 178
64 to increase the salary of the * Governor
of this State 178
65 for the relief of the First Battalion Mis¬
sissippi State troops, commanded by
Major Har-per 17 9
66 for the relief of James Reedy, Sheriff
and Tax Collector of Holmes county 180
67 making certain appropriations for the
State Institute for the Blind 181
68 to amend the law in relation to the in¬
stitution for the Deaf and Dumb.... 181,
69 to be entitled an act relative to the estab¬
lishment of a temporary Penitentiary 182
70 to authorize the Judge of the Probate.
Court of Lowndes county to appoint
a receiver for the absent legatees of
Dr. Samuel B. Malone .. 184
10 contents—regular session—november 1863.
chapter. page.
'71 AN ACT to amend an act entitled "An act to
amend the charters of the Columbus
Life and General Insurance Company
and the Mississippi Mutual Insurance
Company," approved Jan. 25, 1862.. 184
72 for the relief of William Beachum, of
Itawamba county, and for other pur¬
poses 185
73 to aid in supplying the loss of the re¬
cords and papers in the Circuit and
Chancery Courts of Chickasaw county
and for other purposes 186
74 for the relief J. D. W. Duckworth,
Sheriff and Tax Collector of Smith.. 190
75 to provide for the payment of certain
informal claims against the State of
Mississippi 191
76 for the relief of Thomas J. Fortson... 192
77 for the benefit of Moses E. Enochs.... 193
78 for the relief of Thomas A. Mitchell, of
Pontotoc county ."193
7f9 for the relief of Isham Dansby, of New¬
ton county.,, 194
80 to amend an act entitled an act to
amend the law in relation to the State
University 1S4
81 to authorize the Boards of Police of
Winston, Noxubee and Choctaw
counties to borrow money from the
school funds ©f said counties foivthe
use of the destitute families of sol¬
diers in said counties 195
82 for the Telief of the Probate Clerk of
Lauderdale county 196
83 to supply soldiers of the State of Mis¬
sissippi, either in the State or Con¬
federate service, with shoes and
clothing 196
84 for the relief of Bobert Haywood
Whitley 197
85 to increase the salary of the Probate
Judge of Monroe county 198
CONTEXTS—REGULAR SESSION—NOVEMBER 1863. 11
CHAPTER. PAGE.
8G AN ACT to repeal the fifth section of an act en¬
titled "An act to reduce the county
tax of Greene county," approved De-'
cember 5, 1861 198
87 to compel Anderson Bean, Ex-Sheriff,
to pay over certain money to the
Treasurer of Chickasaw county, and
for other purposes 198
88 to be entitled an act to amend "An
act to incorporate the Bank of Jack¬
son, and other Banks," 199
89 for the relief of the Probate Clerk of
Newton county 200
90 making certain appropriations therein
named 200
91 to authorize Mrs. Maria E. Wadling-
ton, Guardian of the minor children
of Douglas S. King, deceased, to sell
slaves belonging to her wards, and
for other purposes 202
92 making appropriations for the Military
Service for the next fiscal year 202
93 to authorize the State Treasurer to em¬
ploy a clerk 203
94 for the relief of George It. Fall 203
95 to increase the salary of the Probate
Judge of Itawamba county 204
98 to change the name of Mildred Harris,
of Itawamba county 204
97 to change the time of holding the Pro¬
bate Court of Lawrence county 204
98 to enable the counties of Lowndes, Ok¬
tibbeha and Noxubee and the city of
Columbus, to settle up and close their
subscription to the capital stock of
the Mobile and Ohio Railroad Com¬
pany ..... 205
99 for the relief of Samuel M. Meek 205
100 for the relief of Cooper & Kimball,
State Printers 206
101 to remove the civil and legal disabili¬
ties of Samuel B. Jones, of Sunflower
county 206
102 for the relief of John A. McNeil 207
12 CONTENTS'—REGULAR SESSION—NOVEMBER, 1863.
CHAPTER. PAGE.
103 AN ACT to authorize the Board of Police of
Jasper county to correct the levy of
' the poor tax of said county 207
104 for the relief of Thomas Harris and
James L. Burk, of Scott county 208
105 to enable the Board of Police of Mon¬
roe county to levy a tax for the sup¬
port of the dependents of soldiers,
eic., from said county- 208
106 to repeal an act reducing the salary of
the Probate Judge of Rankin county 209
107 further to provide for soldieis and other
families in the county of Attala 209
108 to authorize the Board of Police in
Wayne county to discharge the duties
of school commissioners, and for other
purposes 210
109 to authorize the Board of Police of
Jackson county to employ the free
negroes of said county in certain
cases 219
110 .to increase the salary of the Probate
Judge of Lauderdale county 211
111 to remove the civil disabilities of An¬
thony D. Goydon, a minor, of Lau¬
derdale county, so far as to render
him legally qualified to make a last
will and testament 211
112 t;> amend an act entitled "An act to
appropriate fines, forfeitures, licenses
and runaway slaves, in the county of
Jones," approved December the 4th,
1861 212
113 ^°r the relief of William C. Nickle,
tax assessor of ranola county 212
114 to authorize Nareissa L. Barksdale to
emancipate her slave John 214
115 to authorize the repair of the Mobile
and Ohio Railroad, between Okalona
and Saltillo, in this State, and for
other purposes 213
116 for the relief of D. II. Mnury.- 215
117 for the benefit of the Lunatic Asylum.. 215
CONTENTS—REGULAR SESSION—NOVEMBER, 1863* 13
CHAPTER. PAGE.
118 AN ACT to authorize and require the Governor
to cause to bo prepared and printed
a sufficient amount of bonds bearing
eight per cent, interest, for the pur¬
pose of calling in and taking up the
Treasury Notes issued by law for
military defense of this State 215
119 to provide for the destruction of cer¬
tain bonds and Treasury Notes in the
Auditor's and Treasurer's offices, and
for the registering and destruction of
cotton notes 217
120 to authorize the Treasurer to use the
Three Per Cent. Fund in payment'of
the current expenses of the'State... 218
121 to provide lor the examination of the
offices of Auditor of Public Accounts
and State Treasurer 218
122 to enable the High Court of Errors
and Appeals of this State to prevent
injustice to suitors, and to correct
some.of the evils arising from the
present state of war 219
123 for the relief of the heirs and distribu¬
tees of J. S. Terrel, Jr., deceased... 220
124 to increase the salary of the Probate
Judge of Kemper county . 221
125 to authorize the President of the Board
of Police of Winston county to bring
suits for the collection of notes made
payable to the Swamp Land Commis¬
sioners of said county, and for other
purposes 221
126 to amend an act entitled " An act to
amend the Charter of the City of
Jackson," approved August 6th, 1861,
and an act entitled " An act supple¬
mental to an act to amend the Char¬
ter of the City of Jackson," approved *
August 6th, 1861. .i 222
127 to remove the civil disabilities of Henry
B. Luckett, a minor 223
128 to remove the civil disabilities of Jas.
II. Matthews, a mii\pr, of Marshall
county 223
14 CONTENTS—REGULAR SESSION—NOVEMBER 1863.
CHAPTER. PAGE.
129 AN ACT to repeal an act entitled " an act to re¬
duce the taxes of Hancock county,
and for other purposes," approved
December 16th, 1861 • \ ... 224
130 to cha-ge the name of Nancy Delaware
Wyatt to that of Nancy Delaware
Gibbs, and to enable Joseph Gibbs
and wife to adopt her as their child. 224
131 to remove the civil disabilities of Wm.
Dice Hooker 225
132 to amend chapter eight of the Devised
Code establishing the fees of certain
officers, so far as it relates to the Pro¬
bate Clerks of the counties of Leake
and Dankin 225
133 DESOLUTION, joint, requesting the Governor to
do.alt things necessary to protect the
people from illegal impressments.... 226
134 of thanks to the mothers, wives sis¬
ters and daughters of this State 226
135 resolution of thanks, etc 227
136 joint, instructing our Senators and re¬
questing our Depresentatives 227
137 joint, instructing our Senators and re¬
questing our Depresentatives for cer¬
tain purposes therein named 228
138 joint, whereas, Govervnor Brown, of
Georgia, in his late message to the
Legislature of that State, remmended
that they should set apart and appoint
Thursday, the 10th day of December
liext, as a day of fasting, deep humil¬
iation and prayer, and appealed to the
Congress of the Confederate States,
and the Legislatures of the States to
co-operate *... 228
139 requesting Congress to repeal the sub¬
stitute law 229
140 joint, in reference to the President's
ordc* removing slaves 229
141 joint, to print a certain act 230
142 joint, granting leave of absence to the
Hon. Try an M. Yancy, of Marshall
county 230
CONTENTS—REGULAR SESSION—NOVEMBER 1SG-3. 15
CHAPTER. PAGE.
143 RESOLUTION, joint, conferring certain powers on
the Governor 230
144 to donate clothing to Herndon Rangers 231
145 in relation to the State University.... 231
146 joint, of confidence in His Excellency,
President Davis • 232
147 granting leave of absence to James S.
Hamm, etc., and S. M. Meek, etc.... 233
148 joint resolution 233
149 in relation to the Trustees of the State
Lunatic Asylum, the Institutions of
the Blind and Deaf and Dumb 233
150 urging Congress to pass a law relative
to the currency 234
151 joint, for the purpose of compiling the
Constitution of this State and the
Constitution of the Confederate States 234
152 granting leave of absence to Hon. Wm.
II. Kilpatrick...' 235
153 in relation to State Printer 235
154 joint, for defraying certain expenses... 235
CONSTITUTION
of the
STATE OP MISSISSIPPI.
Article I. Declarations of Rights. I § V. Executive Department: Militia.
II. Distribution of Powers. | VI. Impeachment.
III. Legislative Department. I VII. General Provisions; Slaves.
IV. Judicial Department. | Amending Constitution; Schedule.
ARTICLE I.
declaration of rights.
That the general, great and essential principles of
liberty and free government may be recognized
and established, we declare :
Section 1. That all freemen, when they form a1
social compact, are equal in rights ; and that no E uam
men, or set of men, are entitled to exclusive, sepa- and natural
rate public emoluments or privileges from the com- nshts-
•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 authority and established for their benefit;
and, therefore, they have, at all times, an inaliena¬
ble and indefeasible right to alter or abolish their
form of government in such manner as they may
think expedient.
—L
18
constitution of mississippi;
Sec. 3. The exercise and enjoyment of religious
profession and worship, without discrimination,
shall forever be free to all persons in this State :
Provided, that the right hereby declared and estab¬
lished shall not be so construed as to excuse the
acts of licentiousness, or justify practices inconsis¬
tent with the peace and safety of the State.
Sec. 4. No preference 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 political incapacity, or acquire, any civil or
political advantage in consequence of such opin¬
ions, except in cases provided for in this Constitu¬
tion.
Sec. 6. Every citizen may' freely speak, write
and publish his sentiments on all subjects, being
Freedom of responsible for the abuse of that liberty,
speee . ^ shall ever be passed to curtail
or restrain the liberty of speech or of the press.
Sec. 8. In all prosecutions or indictments for
libel, the truth may be given in evidence ; and if
be Tgiven in it shall appear to the jury that the matter charged
evidence in ag libelous is true, and was published with good
all prosecu- , in* i i n ,i -111
tions for u- motives, and tor justifiable ends, the party shall
beU be acquitted ; and the jury shall have the right to
determine the law and the facts.
Sec. 9. That the people shall be secure in their
persons, houses, papers and possessions, from un¬
reasonable seizures and searches ; and that no war¬
rant to search any place, or to seize any person or
thing, shall issue without describing the place to
be searched, and the person or thing to be seized,
as nearly as may be, nor without probable cause,
supported by oath or affirmation.
Sec. 10. That in all criminal prosecutions, the
accused hath a right to be heard by himsell, or
The accused counsel or both, to demand the nature and cause
convicted, of the accusation ; to be confronted by the witnes¬
ses against him ; to have a compulsory process for
Obtaining witnesses in his favor ; and, in all prose¬
cutions, by indictment or information, a speedy and
public trial by an impartial jury of the country
where the offence was committed ; that he cannot
be compelled to give evidence against himself; nor
constitution of mississippi.
19
can he be deprived of his life, liberty or property,
but by due course of law.
Seo. 11. No person shall be accused, arrested
or detained, except in cases ascertained by law,
and' according to the form which the same has
prescribed • and no person shall be punished but
in virtue of a law established and promulgated
prior to the offence, and legally applied.
Sec. 12 That no person shall, for an indictable
offence, be proceeded against criminally by infor- inTndictiwe
mation, except in cases arising i-n the land or naval offencea-
forces, or in the militia, when in actual service, or
by leave of the court for misdemeanor in office.
Sec. 13. No person shall, for the same- offence,
be twice put in jeopardy of life ,or limb ; nor shall
any person's property be taken or applied to pub¬
lic use without the consent of the Legislature, and
without just compensation being first made there¬
for.
Sec. 14. That all courts shall open, and every
person, for an injury done him in his lands,.goods,
person or reputation, shall have remedy by due
course of law, and right and justice administered
without sale, denial or delay.
Sec. 15. That no power of suspending laws
shall be exercised except by the Legislature or its
authority.'
Sec. 16. That excessive bail, shall not be re- excessive
quiyed, nor excessive fines imposed, nof cruel pun- bail-
ishment inflicted.
Sec. 17~ That all prisoners shall, before con¬
viction be bailable by sufficient securities, except fencesIehaf-"
for capital offences, where the proof is evident, or bea? corpus,
the presumptiop great; and the privilege of the c"
writ of habeas corpus shall not be suspended, un-'
less, when in a case of rebellion or invasion, the
public safety may require it.
Sec. 18. That the person of a debtor, when
there is not strong presumption of fraud, shall not ^,be°^btor
be detained in prison after delivering up his estate t>r;soa<;d.lm"
for the benefit of his creditors, in such a manner
as shall be prescribed by law.
Sec. 19. No conviction for any offence shall
work corruption of blood or forfeiture'of estate ;
the Legislature shall pass no bill of attainder, ex-
20 constitution of mississippi.
post facto law, nor law fbr impairing the obliga¬
tion of contracts.
Sec. 20. No property qualification for eligibili¬
ty 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¬
scend or vest as in cases of natural death ; and if
The estates any person shall be killed by casualty, there shall
of suicides. ke no forfeiture by reason thereof.
Sec. 22. That the citizens have a right, in a
peaceable manner, to assemble together for their
ofTpetitiln! common good; and to apply to those invested with
the powers of government for redress of grievan¬
ces, or other purposes, by petition, address or re¬
monstrance.
Right to ^EC* Every citizen has a right to bear arms
bear a-ms. in defense of himself and of,the State.
Sec. 24. No standing army shall be kept up
without the consent of the Legislature ; and the
Nojstanding military shall, in all cases and at all'times, be in
ceP™ &c.ex" strict subordination to the civil power.
Sec. 25. That no soldier shall, in time of peace,
be quartered in any house without the consent of
the owner, or in time of war, but in the manner to
be prescribed by law.
Sec. 26. That no hereditary emoluments, privi¬
leges or honors shall ever be granted or conferred
in this State.
Sec. 21* Emigration from this State shall not
Emigration, be prohibited, nor shall any free white citizen of
&0, this State ever be exiled under any pretence what¬
ever.
trial by Sec. 28. The right of trial by iury shall remain
jury- inviolate.
Sec. 29. No person shall be debarred from
prosecution prosecuting or defending any civil cause for or
of suits. against him or herself, before any tribunal of this
State, by him or herself or counsel, or both.
Sec. 30. No person shall ever be appointed or
Tenure of elected to any office in this State for life or during
office' good behavior ; but the tenure of all offices shall
be for some limited period of time, if the person
appointed or elected thereto shall so long behave
well.
CONSTITUTION OP MISSISSIPPI.
21
CONCLUSION,
To guard against transgressions of the high
[)mver3 herein delegated, we declare; that
thing in this article is excepted 6ut ilhHhe
powers of government, and shall forever remain in¬
violate ; and that all laws contrary thereto, or to
the following provisions, shall be void.
ARTICLE II.
DISTRIBUTION OF. POWERS.
Sec 1. The powers of the government of the
State of Mississippi, shall be divided into three dis- Dhtribution
tinct departments,' and each of-them confided to'a of Powers,
separate body of Magistracy fo-wit: those which
are legislative to one, those which are judicial to
another, and those which are executive to another.
Sec. 2. No person, or collection of persons, be¬
ing of one of those departments, shall exercise any
power properly belonging to either of the others!
except in the instances hereinafter expressly direc¬
ted or permitted.
ARTICLE III.
legislative department.
Sec. 1 Every free white male person of the age of
twenty-one years or upwards, who shall be a citizen
of the Confederate States of America, and shall have
resided in this State one year next preceding an elec¬
tion, and the last four months within the county,
city or town, in which he offers to vote, shall be Qualifled
deemed a qualified elector ; and any such qualified elector.1 e
elector, who may happen to be in any county, city
or town, other than that of his residence, at the
time of an election, or who shall have removed to
any county, city or town within four months pre¬
ceding the election, from any county, city or town,
in which he would have been a qualified elector
had he not so removed, may vote fqr any State or
district officer, or member of Congress, for whom
he could have voted in the county of his residence,
22
constitution of mississippi.
or the county, city or tpwn from which he rifay.
have so removed.
Sec. 2. Electors shall, in all cases except in
tl^qs^ of treason, felony, or breach of the peace, be
Eiec'ors. ty to pVed< arrest during their' attendance"bif
a&c'tTohs, ancl' going and returning from the same.
SeC-. 3. The first elections shall be by ballot,
and all future elections by the people shall be reg¬
ulated by law.
.Sec. 4. That legislative powers of this State
shall be vested in two distinct branches the one
to be styled " the Senate," the other, " the House
of Representatives," and both together " the Legis¬
lature of the State of Mississippi;" and the style
of tlieir laws shall be, " Be it enacted by the Legis¬
lature of the State of MississippiB '
Sec. 5. The members ot the House of Repre¬
sentatives, shall be chosen by the qualified electors,
and shall serve for the term of two years, from the
day of the commencement of the general election
anil 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 person shall be a representative unless
Quaiiftca- he he a citizen of the Confederate States of America,
tions. and shall have been an inhabitant pf 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 sevcral cdunties shall be held at the places of hold-
where*5 heui!' ing their respective courts, or in the several elec¬
tion districts into which the county may be divi-
w»e a : Provided, that when it shall appear to the
city or town legislature that any city or town hath a number of
separate rf free white inhabitants equal to the ratio then fixed,
presentatrn. SU(pn cpy 0y town shall have a separate representa¬
tion, according to the number of free white inhabi¬
tants therein, which shall be retained so long as
such city or town shall contain a number of free
white inhabitants equal to the existing ratio, and
thereafter, and during the existence of the right of
separate representation in such city or town, eleo*
constitution of mississippi.
23
tions for the county im which, jsuch city or tbwn, en¬
titled to separata rephesentettion, is situated, shall Residuum,
not be held in such city or town : And provided,
that if the residuum or fraction of any city or town,
entitled to separate representation, shall, when ad¬
ded to the residnm in the county in which it may
•lie, be equal to the ratio fixed by law for one rep- '
resentative, then the aforesaid county, city or town,
haying the largest residuum, shall be entitled to
such representation : And provided^ also, that when
'there are two or more counties adjoining, ■ which
have residuums over and above the ratio then fixed
by law, if such residuums, when added together,
will amount to such ration, in that case one repre¬
sentative shall be added to that county, having the
largest residuum.
Sec. 9. The Legislature shall, at- their first ses¬
sion, and at periods of not less than every four, nor Eaumirati0n
more than every sixvears, until the year 1845, and and appoi--
tionment
thereafter at periods of not less than every four
nor more than-every eight years, cause an enumer¬
ation to be made of all the free white inhabitants
of this State, and the whole number of representa¬
tives shall, at the several periods of making such
enumeration, be fixed by the Legislature and ap¬
portioned among the several counties, cities or
towns entitled to separate representation,' eccord-
ing to the number of free white inhabitants in each;'
and shall not be less than thirty-six nor more than Number f
one hundred ; Provided, however, that each coun- r e presertta-
ty shall always be entitled to at least one repre- tives>
sentative. • .
" Sec. 10. The whole number of senators shall; at
the several periods of 'making the enumeration be- Senators>&c*
fore mentioned, be fixed by the Legislature, and
apportioned among the several districts to be es¬
tablished by law, according to the number of free Number>&c-
white inhabitants in each, and shall never be less
than one-fourth nor more than one-third of the
whole number of representatives.
Sec 11. The senators shall be chosen by the How ehftaen
qualified electors, for four years, and on their be- dat¬
ing convened in consequence of the first election, 6 '
they shall be divided by lot from their respective
districts into two classes, as nearly .equal as can'
24
COMSTTTUTIOXT OF MISSISSIPPI.
be ; and the seats of the senators of the first class
shall b# vacated at the expiration of the second
year.
Sec. 12. Such mode of classifying new addi-
tional senators shall be observed as will as nearly
as possible preserve an equality of members in
each class.
Sec. 13. When a senatorial district shall be
composed of two or more counties, it shall not.be
entirely separated by any county belonging to an¬
other district-, and no county shall be divided in
forming a district.
Sec. 14. No person shall be a senator unless he be
tions^f'senl a citizen of the Confederate States of America, and
ator«- shall have been an inhabitant of this State for four
years next preceding his election, and the last year
thereof a resident of the district for which he shall
be chosen, and have attained the age of thirty years.
Sec. 15. The House of Representatives, when
speaker of assembled, shall choose a speaker and its other of-
andotheTo? ^cers' axi^ ^ie Senate shall choose a president and
fleers. 61 " its officers, and each' house shall judge of the quali¬
fications and elections of its own members, but a
contested election shall be determined in such
manner as shall be directed by law. A majority
of each house shall constitute a quorum to do busi¬
ness, but a smaller number may adjourn from day
to day, and may compel the attendance of absent
members, in such manner and under such penalties
as each house may provide.
Sec. 16. Each house may determine the rules "of
Powers of ^s own proceedings, punish members for disorder-
each house ly behavior, and with the consent of two-thirds,
expel a member, but not a second time for the same
cause ; and shall have all other powers necessary
for a branch of the Legislature of a free and inde¬
pendent State.
Sec. 17. Each house shall keep a journal of its
journals of Proceedings, and publish the same ; and the yeas
yeas and and nays of the members of either house, on any
nays. question, shall, at the desire of any three members
present, be entered on the journal.
Sec. 13. When vacancies happen in either
Vacancies, house, tlie Governor, or the person exercising the
constitution of mississippi.
25
powers of the Governor, shall issue writs of elec¬
tion to fill such vacancies.
Sec. 19. Senators and representatives shall, in ■■
all ca-es, • except of treason, felony, or breach of fr0miTS;
the peace, be privileged from arrest during the ses- exception,
sion of the legislature, and in going to and return¬
ing from the Same, allowing one day for every
twenty mile3 such member may reside from the
place at which the legislature is convened.
Sec. 20. Each house may punish, by imprison¬
ment diying the session, any person, not a member,
for disrespectful or' disorderly behavior in its pre¬
sence, or for obstructing any of its proceedings :
Provided, 'such imprisonment shall not, at any one
time, exceed forty-eight hours.
Sec. 21. The doOrs of each house shall be open,
except on such occasions of great emergency as, in
the opinion of the house, may require secrecy. '
Sec. "22. Neither hohse shall, without the con¬
sent of the other, adjourn for more thail three days,
nor to any other place than thatin which they may
be sitting.
Sec. 23.. Bills may originate in either house, and
be amended, altered or rejected by the other, but
no bill shall have the force-of a law until, on three
several days,,it be read in each house, and free dis¬
cussion be allowed thereon, unless four-fifths of the
house in which the bill shall be pending may- deem
it expedient to dispense with this rule ; and every
bill, having passed both houses, shall be signed by"
the speaker and president of their respective houses.
Sec. 24. All bills for raising revenue shall ori¬
ginate in thp House of Representatives, but the
Senate may amend or reject them, as other bills:
Sec. 25. Each member of the legislature shall,
receive, from the public treasury, a compensation Com
for his services, ^which may be increased or dimin- tionTt6®8*
ishcd by law, but no increase of compensation shall members.
take effect during .the session at which such increase
shall have been made.
Sec. 20. No senator or representative shall,
during the term for which he shall have been elect¬
ed,' nor for one year thereafter, be appointed to any
civil office of profit under the State, which shall
have been created or tlqe emoluments of which shall
26
CONSTITUTION OF MISSISSIPPI
have been increase*} during such term, except such
offices as may be filled by elections by the people;
Members an<^ no memher of either house of the legislature
not eligible shall, after the commencement of the first session
to office. 0f the legislature'after his election, and during the
remainder of the term for which he is elected, be
eligible to any offiee or place, - the appointment to'
which may be made, in whole or in part, by either
branch of the legislature.
Sec. 27. No judge of §my court of law or equity,
secretary of state, attorney-general, clerk of any
Officers not cour^ record, sheriff or collector, or any^person
eligible to holding a lucrative office under the laws of the
legislature. Confederate States of America, or of this State,
shall be eligible to the legislature : Provided,
That officers 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. -23. No person who has heretofore, or here¬
after, been a collector or holder of. public moneys,
Defaulters. have a seat ^ either house of the legislature
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
when hoi d'm State, and shall be held on the first Monday, and
day following, in November, 1833 ; and thereafter
there shall be biennial elections for senators to fill
the places of those whose term of service may have
expired.
Sec. 30. The first and all future sessions of the
legislature shall be held in the town of Jackson, in
Seernment.v* the county of Hinds, until the year 1850. During
the first session thereafter, the legislature shall have
"power to designate, by law, the permanent seat ol
government: Provided, however, That unless such
designation be then made bylaw, the seat of gov
eminent shall continue permanently at the town of
Jackson. Thq 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. 1
CONSTITUTION OF MISSISSIPPI. 21
ARTICLE. IV.
judicial department.
Sec. 1. The judicial power of the State shall judicial
be vested in one high court of errors and appeals, Power. cia
and such other courts of law and equity as are
hereafter provided for in this constitution.
Sec. 2. The high court of errors and appeals High Court
shall consist of three judges, any two of whom shall LdAppeffif.
form a quorum. . The legislature shall, divide the
State into three districts, and, the qualified electors
of each district shall elect one of said Judges for
the term of six years.
Sec. 3. The office of one of ,said judges shall be Jud eg
vacated in two years, and'one in four years, and howeieet-
one in six years—so that, at the expiration of office?™ °f
every two years, one of said judges shall be elected
as aforesaid.
• Sec. 4. Tl^e high court of errors and appeals jurisdiction
shall have no jurisdiction but such as properly be¬
longs to a court of errors and appeals.
•Sec. 5. All vacancies that ipay occur in said
court, from death, resignation, or removal, shall be vacancies,
filled by election as aforesaid : Provided, however,
That if the unexpired term do not exceed one year,
the vacancy shall be filled by executive appoint¬
ment.
Sec. 6. No person shall be eligible to the office
of judge of the high court of errors and appeals,
who shall not have attained," at the time of his
election, the age of thirty years.
Sec. 7. The high court of errors and appeals
shall be held twice in each year, at such place as Where hol,
the legislature shall direct, until the year eighteen den.
hundred and thirty-six, and afterwards at the seat
of government of the State. •
Sec. 8. The secretary of state, on receiving all Fast eiec-
the official returns of the first* election, shall pro- lon'
"ceed forthwith, in the presence and with the assis¬
tance of two justices of the peace, to determine,-by
lot, among the three candidates having the highest
number of votes, which of said judges shall serve
for the term of two years, svhich shall serve for the 0fflC|.rm of
term of four years, and which shall serve for the
28
CONSTITUTION OF MISSISSIPPI.
term of six years; and, having so determined the
same, it shall be the duty of the^Governor to issue
commissions accordingly.
Sec.4#. No judge shall sit 011 the trial of any
Cause when the parties or either of them shall be
when Judge connected with him by affinity or consanguinity, or
dis qua1 . wjjen may interested in the same, except by
consent of the judge and of the parties; and when¬
ever a quorum of said court are sitdated as afore¬
said, the Goyernor of the State shall in such case
especially commission two or more men of law
knowledge, for the determination thereof.
Sec. 10. The judges of said court shall receive
salaries: f°r their services a compensation to be fixed by
law, which shall not be diminished during their
continuance in office.
Sec. 11. The judges of the circuit court shall
judges of "be elected by the qualified electors of each judicial
ircm s. aQ(j j^old their offices for the term of four
years, and reside in their respective districts-
Sec. 12. No person shall be eligible to the office
Quaiifica- of judge of the circuit court, who shall not at the
tions. ^me e]ecti011} },ave attained the age of
twenty-six years.
Sec. 13. The Stale shall be divided into conve-
Circuits. Dient districts, and each district shall contain not
less than three nor more.than twelve counties.
Sec. 14. The circuit courts shall have original
Jurisdiction jurisdiction in all matters, civil and criminal, with¬
in this State ; butip 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 State, at least twice in 'each year ;
chancery anc* the judges of said court shall interchange cir^
Courts. cuits with each other, in such manner as may be
prescribed by law, and shall receive for their servi¬
ces a compensation to be fixed by law, which shall
not be diminished during their continuance in office.
Sec. 16. A separate superior court of chancery
Jurisdiction shall be established, with full jurisdiction in all mat¬
ters of equity: Provided, however, The legislature
may give to the circuit courts of each county equity
jurisdiction in all cases where the value of the thing
or the amount in controversy does not exceed five
hundred dollars; also, in all cases of divorce, and
constitution of mississippi.
29
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 thirty years old at the time of his election.
Sec. 17,. The style of all process shall be "The styieofpro-
'State of Mississippi," and all prosecution's shall be1 ces9,
carried on in the name and by the authority of
"The State of Mississippi," and shall conclude,.
" against the peace and dignity of the same."
Sec. 18. A court of probate shall be establish- Co^tobate
ed in each county of the State, with jurisdiction in
all matters testamentary, and of administration in.
orphan's business, and the allotment of dower, in
cases of idiocy, and lunacy, and of persons non
compos mentis. The judge of said court shall be
elected by the qualified electors of the respective
counties, for the term of two years.
Sec. 19, The clerk of the high court of errors
and appeals shall be appointed by-the said court, 01erk>
for the term of four years ; and the clerks of the
probate and other inferior courts, shall be elected
by the qualified electors of the respective counties,
and shall hold their offices for the term of two
years.
Sec. 20. The qualified electors of each county
shall elect five persons, for the term of two years, Po^*rd of
who shall constitute a board of police for each coun¬
ty, a majority of whorq. may transact business ;
which body shall have full jurisdiction over roads,
highways, ferries and bridges, and all other matters
of county police ; and shall order all county elec¬
tions, to fill the vacancies that may occur in the
offices of their respective counties. The clerk of
the court of probate shall be the clerk of the board
of police.
• Sec. 21. No person shall be eligible as a mem- aligCa-
ber of said board, who shall not have resided one' tions*1'
year in the county, but this qualification shall not
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 Va c ancie9.
shall be supplied by election as aforesaid to fill the
unexpired term;
Seq, 22. The judges of all the courts of this
State, and also the members '.of the board of the
30 constitution of mississippi.
conserva- county police, shall in virtue of their offices, be
Peacef ths> conservators of the peace, and shall be, by law,
vested with ample powers in this respect.
Sec. 23. A competent number of justices of the
constables, peace and. constables shall be chosen in each county
by the qualified electors thereof, by districts, who
shall hold their offices for the term of two years •
justices of the jurisdiction of justices of the peace shall be lim-
the Peace, ited to causes in which the principal of the amount
in controversy shall not exceed fifty dollars; in?all
causes tried by justices of the peace, the right of
appeal shall be secured, under such rules and regu¬
lation! as shall be prescribed by law.
. Sec. 24. The legislature may, from time to time,
courts.1"1 °r establish such other inferior courts as may be deem¬
ed necessary, and abolish the same whenever they
deem it expedient.
Sec 25. There shall be an Attorney-General
elected by the qualified electors of the State, and
a competent number of district-attorneys shall be
General!65" elected by the qualified voters of their respective
districts, whose compensation and term of service
shall be prescribed by law.
Sec. 26. The legislature shall provide by law,
for determining contested elections of judges of
the high court of errors and appeals, of the circuit
Elections?** an^ p'Obate courts and other officers.
Sec. 27- The judges of the several courts o
this State, for willful neglect of duty or other rea-
judses, sonable cause, shall be removed by the governor,
howremov- 01-j the address of two-thirds of both houses of the
e ' legislature ; the address to be by joint vote of both
houses. The cause or causes for 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¬
tified and admitted to a hearing in his own defence,
before the vote of such address shall pass; ■ the vote
on such address shall be taken by the yeas and
nays, and entered oh the journals of each house.
Sec. 28. Judges of probate, clerks, sheriffs and
officers in- other county officers, for the willful lleglect of duty,
dieted. Qr misdemeanor in office;, shall be liable to present¬
ment or indictment by a grand jury, and trial by
constitution of mississippi.
31
a'petit jury; and, Upon conviction, shall beTemov-
cd from office.
ARTICLE V,
EXECUTIVE DEPARTMENT.
Sfic. 1. The chief executive power of this State
Shall be vested in a Governor, who shall hold his
office for two years from the time of his installation.
Sec. 2. The Governor shall be elected by the
qualified electors of the State. The returns of every te°5u?er of
election for governor shall' be sealed up and trans- offlce:
mjtted to the seat of government, directed to the
Secretary of'State, who shall deliver them to the ecLW 61ec*"
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 publish 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 be equal, and highest in votes,
then one of them shall be chosen Governor by the*
joint ballot of both houses t)f i the legislature. Con- contested
tested election for Governor shall be determined Governed*
by both houses of the legislature in such manner
.as prescribed by law. 1
Sec. 3. The Governor shall beat least'thirty
years of age, shall have been a citizen of some one
of the States composing the Confederate States o
America, for twenty years, and shall have resided
in this State at least five years,next preceding the
day of his election, and shall not be capable of Quaiifica-
bolding the office more than four years in any term tlons* '
of six years.
SeC.. 4. He shall at all times receive for his ser-
vices a compensation, which shall not be increased tiSn?ensa"
or diminished during the term for which he shall
be elected.
Sec. 5, He shall be commander-in-chief of the
my and navy of this State, and of the militia, de£?™chief
except when they shall be called into the service of
the Confederate States of America.
Spc. 6. He may require information, in writing,
from the officers in the executive department, on any
subject relating to the duties of their' respective
offices
32 CONSTITUTION OP MISSISSIPPI.
Sec. 7. He may, in cases of emergency, convene
to Convene Ihe legislature at the seat of government, or at a
and adjourn different place, if that shalL have become, since
tare. eg,s a" their last adjournment, dangerous from an enemy
or from disease ; and in case of disagreement be¬
tween the two houses with respect to the time of
adjournment, adjourn them to such time as he shall
think proper, not beyond the day of the next stated
meeting of the legislature.
Sec. 8: He shall, from time to time, give.to the
Governorof legislature information of the state of the govern-
' ' ment, and recommend to their consideration such
measures as he may deem necessary and expedient.
"Sec. 9. He shall take care that the laws be
faithfully executed.
Sec. 10. In all criminal and penal cases, except
Power of in those of treason and impeachment, he shall have
Governor.- p0wer t0 grant reprieves and pardons, and remit
fines, and in case of forfeiture, to stay the collec¬
tion until the end of the next session of the legis¬
lature, and to remit forfeitures by and with the ad-
. vice and consent of the Senate. In cases of trea¬
son, he shall have power to grant reprieves by and
with the advice and consent of the Senate, but may
respite the sentence until the end of the next ses¬
sion of the legislature.
Seo. 11. All commissions shall be in the name
commss- ^y authority of the State of Mississippi, be
sions. sealed with the great seal, and signed by the Gov¬
ernor, and be attested by the Secretary of State.
Sec. 12. There shall be a seal of this State,
which shall be kept by the Governor, end used by
9eiLze: he him officially, and shall be called the Great seal of
the State of Mississippi.
Sec. IB. All vacancies not provided for in this
Constitution, shall be filled in such manner as the
legislature may prescribe.,
Sec. 14. The Secretary of State shall be elected
secretary by the qualified electors of the State, and shall con-
ofsta'e. tinue in office during tbe term of two years. He
shall keep a fair register of all the official acts and
proceedings of the Governor, • and shall, when re¬
quired, lay the'same, and all papers, minutes and
vouchers relative thereto, before the legislature,
constitution op mississippi.
33
shall perform other duties as may he required of
' him by law.
Sec. 15. Every bill which shall have passed both
houses of the legislature, shall be presented to the
Governor ; if he approves, he shall sign it J but if to sign™^
not, he shall return it, with his objections, to the returnbilw:
house in which it shall have originated, which shall
enter the objections at large upon their journals,
and proceed to reconsider it; if, after such recon¬
sideration, two-thirds of the house shall agree to
pass the bill, it shall be sent, with the objections to Veto:
the other house, by which it shall likewise be recon¬
sidered : if approved by two-thirds of that house,
it shall become a law: but in such case, the vote of
both houses shall be determined by yeas and nays;
and the names of the members voting for and
. against the bill shall be entered on the journal ol
each house respectively: if any bill shall not be
returned by the Governpr within-fix days (Sundays
excepted) after it shall have been presented to him,
the same shall become a law in like manner as if
he had signed it, unless the legislature, by their
.adjournment, prevent its return ; in which case it
shall not become a law. .
Sec. 16. Every order, resolution or vote 'to
which the concurrence of both houses may be neces¬
sary, except resolutions for the purpose of obtain¬
ing the joint action of both houses, and on questions
of adjournment, shall be presented to the Governor,
and, before it shall take effect, be approved by him,
or. being disapproved, shall be repassed by both
houses, according to the rules and limitations pre¬
scribed in the case of a bill.
Sec. 17. Whenever the office of Governor shall
become vacant, by death, resignation, removal from office of
office, or otherwise, the president of the Senate
shall exercise the office of Governor until another
Governor shall be duly qualified ; and, in case of
the death, resignation, removal from office, or other
disqualification of the president of the Senate, so
exercising the office of Governor, the speaker of the
House of Representatives -shall exercise the office
until the president <>f the Senate' shall have been
chosen; and when the office of Governor, president
of the'Senate, and speaker of the House, shall be-
3—L
34
constitution of mississippi.
come vacant in the recess of the Senate, the person'
Farther acting as Secretary of State for the time being,
provision, shall, by proclamation, convene the Senate, that a
president may be chosen to exercise the office of
Governor.
Sec. 18. "When either the president or speaker
of the House of Representatives shall so exercise
said office, he shall receive the compensation of the
Governor only; and his duties as president or spea¬
ker shall be suspended, and the Senate or House of
Representatives, as the case may be, shall fill the
vacancy until his duties as Governor shall cease.
Sec. 19. A sheriff and one or more coroners,, a
treasurer, surveyor and ranger," shall be elected in
each county, by the qualified electors thereof/ who
shall hold their offices for two years, unless sooner
removed; except that the coroner shall hold his
office until his successor be duly qualified.
Sec. 20. A State Treasurer and Auditor of Pub-
Treasurer lie Accounts shall be elected by the qualified elec-
and Auditr. o^. ^ gtat6j wjj0 ghaH hold iheir offices for
the term of two years, unless sooner removed.
militia.
Section 1. The Legislature shall provide by
Miii«a. ^aw> f°r organizing and disciplining the militia of
this State, in such manner as they may deem expe¬
dient, not incompatible with the Constitution and
the laws of the Confederate States of America in
relation thereto.
Sec. 2. -Commissioned officers of the p^iilitia
Militia offi-' (staff officers and the officers of volunteer compa¬
cts: nies excepted,) shall be elected by the persons lia¬
ble to perform military duty, and the qualified
electors within their respective commands, and
shall be commissioned by the Governor.
Sec. 3. The Governqp shall have power to call
powers of forth the militia to execute the laws of the State,
csd^ou^mi- suppress insurrection, and to repel invasion.
litia.
constitution op mississippi.
35
ARTICLE YI.
impeachments.
Section I. The House of Representatives shall
have the sole power of impeaching.
Sec. 2. All impeachments shall be tried by the- Impeach.
Senate: when sitting for that purpose, the senators ment.
shall be on oath or affirmation: no person shall be
convicted without the concurrence of two-thirds of
the members present.
Sec. 3. The Governor and all eivil officers shall Extent of,
be liable to impeachment for any misdemeanor in of-* &c'
fice ; but judgment in such-cases shall not extend
further than to removal from office, and disqualifi¬
cation to hold any office of honor, trust or profit
under the State; but the party convicted shall nev¬
ertheless, be subject to indictment, trial and pun¬
ishment, according to law, as in other cases.
ARTICLE VII..
general provisions.
Section 1. Members of'the Legislature, attor-'
neysafid counsellors'at law, and all officers, execu- 0afh of of_
live and judicial, before they enter upon the duties fice.
of their respective offices, shall.take the following
oath or affirmation, to-wit r " I do solemnly swear
(or affirm, as the case may be) that I will support'
the Constitution of the Confederate States of
America, and the Constitution of the State of Mis¬
sissippi, so long as I continue a citizen thereof, and
that I will faithfully discharge, to the best of my
abilities the duties of the office of, , accord¬
ing to law—So help me Cpd."
Sec: 2. The Legislature shall pass such laws to
prevent the evil practice of duelling, as they may Duelling-
deem necessary ; and may require all officers before
they enter upon the duties of their respective ofin
ces, to take the following oath or affirmation : " I
do solemnly swear, (or affirm, as the case may be,)
that I have not been engaged in a duel, by sending
ol* accepting a challenge to fight a duel, or by fight¬
ing a duel, since the first day of January, in the
36 constitution op mississippi.
year of our Lord one thousand eight hundred and
' thirty-three,, nor will I be so engaged during my
continuance in office—So help me God."
Sec, 3. Treason against the State shall consist
only in levying war against it, or in adhering to
Treason. -tg enem|eSi giving them aid and comfort, No
person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act,
Elections.^ or his'own confession in open court.
Sec. 4. Every person shall be disqualified from
holding an office or place of honor or profit under
the authority of this State, who shall be convicted
of having given or offered any bribe to secure his
convicts c^ec,^on* Laws shall be made to exclude from of-
eic°iVied fice or suffrage those who shall' hereafter be con-
from office. victe(i df bribery, perjury, forgery, or other high
crimes or misdemeanors. The privilege oi the free
suffrage shall be supported by laws regulating elec-
suffrage. tions, and prohibiting, under adequate penalties, all
undue influences theiin, from power, bribery, tu¬
mult, or other improper conduct.
Sec. 5. No person who denies the being of a
Atheists; God, or a. future state of rewards and punishments,
sfiairhold any office in the civil department of this
State.
Sec. 6, No laws of a general nature, .unless
When laws otherwise provided for, shall be enforced until sixty
f£tmt0 ef" days after the passage thereof,
Sec. 7. Nor money shall be drawn from the
"treasury, but in consequence of an appropriation
drawn from made by law; nor shall any appropriation oi money
treasury. for ^ SUppprt of an army be made for a longer
tern than one year.
Sec. 8. No money from the treasury shall be
appropriated to objects of internal, improvement,
unless the bill for that purpose be passed by two-'
thirds of both branches of the Legislature; and a'
regular statement and account of the receipts and
expenditures of public moneys shall be published
annually.
Sec. 9. N<o law shall ever be passed to raise a
loan of money upon the credit of the State or to
etat® Loan.,pledge the faith of the State lor the redemption of
any loan or debt, unless such law be proposed in
the' Senate or House of Representatives; and be
constitution of mississippi.
agreed to by a majority of the members- of each
house, and entered on the journals, with the yea3
and nays taken thereon, and ,be referred to the
next succeding Legislature, arid published for
three months previous to the next regular election,
in three newspapers of this State; and unless a
majority of each branch of the Legislature- so
elected, aftor siich publication, shall agree to and
pass such a law; and in such case, tile, yeas and
nays shall be taken and entered on the journals of
"each house; Provided, that nothing in this sec¬
tion shall be so construed as to prevent the Legis¬
lature from negotiating a further loan of one and
a half millions of dollars, and vesting the same in
stock reserved to the State by the charter of the
Planters' Bank of the State of Mississippi.
And provided further,'That the Legislature may
raise a loan of money and pledge the faith Of the
State for the payment thereof, when required to
suppress insurrections, repel invasions, or provide
for the defense of the State-
Sue. 10. The Legislature shall direct, bylaw, suits
in what manner, and in what courts, suits may be the
brought against the State. ' • "
Sec. 11? Absence oii business of this State or
of the Confederate States of America, or on a citizenohiP.
visit, or neqessary private business, shall not cause
a forfeiture' of citizenship- or residence once ob¬
tained. *
Sec. 12. It shall be the duty of the Legislature Deduction
to regulate by law, the cases in which deductions from usaiar-
fchall be made from salaries of public, officers for les"
neglect of duty in thefr official capacity, and the
amount of such deduction.
Sac. 13. No member of Congress, nor any per¬
son holding any office of profit or trust under the
'Confederate States, (the office of postmaster ex- ?rom office,
cepted,) or any other State of the Confederacy, or
under any foreign. power, shall hold or exercise
any office of trust or prdfit under this State. •
Sec. 14. Religion, morality and knowledge be¬
ing necessary to good government, the presefva- Schools and
tion of liberty and the hdppiness of mankind, education,
schools and the means of education ^ shall forever
be encouraged in this State.
38
constitution of mississippi^
. Sec. 15. Divorces from the bonds of matrimo*
ny shall not be granted but in cases provided for
by law, by suit in phancery.
Sec. 16. Returns of ,all elections by the people
shalD.be made to the Secretary of State, in such
manner as may be prescribed by law.
Sec. 17. No new county shall be established by1
the Legislature, which shall reduce the county or
counties, .or either pf them; from which it may be
taken, to less contents than five hundred and sixty-
sis square miles ; nor shall any new county be¬
laid off -Of less contents.
Sec. 18. T.he Legislature shall have power to
admit to all the rights and privileges of free white
citizens of .this State all such persons of the Choc¬
taw. and Chickasavy tribes of Indians as shall
choose to remain in this State, upon such terms as
the Legislature may, from time to time, deeip
proper.
Slaves.
Section 1. The Legislature shall have no pow¬
er to p&ss laws for the Emancipation of slaves withr
jf™ of;'llow out the consent of their .owners, unless where the
made. slave shall have rendered to the State some distin¬
guished service, in which case the owner shall be
paid a full equivalent for the slave so emancipated-
They shall-have no power to prevent emigrants to
this State from bringing with them such persons as
are deemed slaves by the laws of any one. of the
United States, so long as any person of the same
age or description shall be, continued in slavery by
the laws of tips State ; Provided, that such person
or slave be the bona fide property of such emi-
siaves eon- grants ; and provided,_ also, that laws may bo passed
crirnes.^ ° to prohibit the introduction into this State of slaves
who may have committed high crimes in other
States. They shall have power to pass laws to
permit the owners of slaves emancipate them,
saving the rights of creditors, and preventing them
from becoming a public charge.- They shall have
full power to oblige the owners of slaves to treat
them with jiumanity, to provide for them necessary
clothfng and provisions, to abstain from all injuries
pivoroes.
Eleefiia re¬
turns.
Counties—
new.
Indians.
constitution op mississippi.
89
to them extending to life or limb, and in case of
their neglect or refusal to comply with the direc- Treatment
tions of such laws,.to have such slave'" or slaves of slaves:
sold for the benefit of the owner or owners.
Sec. 2. The introduction of slaves Into this
State as merchandise, or for sale, shall be prohibi-
ted from and after the first day of May, eighteen diss,
hundred and fifty-three; Provided, that the actual
settler or settlers shall not be prohibited from pur¬
chasing slaves in any other State 111 this Union
and bringing them into this State for their own
individual use, until the year eighteen hundred and
forty-five.
Sec. 8. In the prosecution of slaves for crimes
of which the punishment is not capital, no inquest Prof Staves!
by a grand jury shall be necessary ; but the pro¬
ceedings in such cases shall be regulated by law.
'mode op revising the constitution.
• Whenever two-thirds of each branch of the
Legislature shall deem' any change, alteration or
amendment necessary to this "constitution, such
proposed change, alteration or amendment shall be
read and passed by a majority of two-thirds of
each house respectively, on each day for three sev- constitution
•eral days'; public notice thereof shall then be how revised
given by the Secretary of State, at least six months
preceding the next general election, at which the
qualified electors shall vote directly for or against'
such change, alteration or amendment; and if it
shall appear that a majority of the qualified elec¬
tors voting for members of the Legislature shall
have voted for the proposed change, a^eration or
aihendment, then it shall be inserted, by the next
succeeding Legislature, as a1 part of this constitu¬
tion, and not otherwise.
schedule.
Section 1. All rights yested, and all liabilities
incurred, shall remain the same as if this constitu- vested1.8ht*
tion had not been adopted.
40
constitution'of mississippi.
Sec. 2. All suits at law or in equity, now pend¬
ing in the several courts of this State, may be
transferred to such courts as may have proper ju¬
risdiction thereof,.
Sec. 3. The Governor, and all offipers, civil and
military, now holding commissions under thff au-
6fficer0,<&c. thority of this State, shall continue to hold and
> exercise their respective offices until they shall be
superseded pursuant to the provisions of this con¬
stitution, and until their successors be duly quali¬
fied.
Sec. 4. All laws now in force in the State,
not repugnant to this constitution, shall continue
to operate until they shall expire by their own
limitation, or be altered or repealed by the Legis¬
lature,
Sec. 5. Immediately upon the adoption of this
constitution, the President of this Convention shall
issue writs of election, directed to the sheriffs of
the several counties, requiring them to cause an
election to be held on the first Monday and day
following in ^December next, for members of the
Legislature, at the respective places of holding-
elections in said counties ; which elections shall be
conducted in the manner prescribed by the existing
election laws ol the State ; and the members of,
the Legislature, thus elected, shall continue in of¬
fice until the next general election, and shall con¬
vene at the seat of government on the first Mon¬
day in January, eighteen hundred and thirty-three :
and shall, at their first session, order an election to
be held in every county of this State, on the first
Monday of May and day following, eighteen hun¬
dred and thirty-three, for the State and county
officers lifider this constitution, (members of the
Legislature excepted,) and the other officers then
elected shall continue in office until the succeeding
general election, and after, in the same manner as
if the election had taken place at the time last
aforesaid.
Sec. 6. Until the first enumeration shall be
made, as directed by the constitution, the appor-
How long tionment of senators and representatives among
Officers *
constitution of mississippi.
41
the several districts and counties in this State, shall first eiect-
remain. as at present fixed by law. * • tinu^inot
P. RUTLUS $. PRAY, fice-
President of the Convention, and
Representative from the county of Hancock.
Attest :
John H. Mallory, Secretary.
AMENDMENTS TO THE CONSTITUTION,
slaves,
The Legislature shall have, and are hereby vest¬
ed with power to pass such laws, regulating or
prohibiting the introduction of African slaves into
this State, as may be deemed proper and expedient.
Adopted February 2d, 1846.
bo\rd of police.
The qualified electors of each county shall elect
five persons, by districts, for the term of two years,
who shall constitute a Board of Police of each
county, a majority of whom may transact business;
which body shall have full jurisdiction over roads,
highways, ferries and bridges, and all other matters
of county policy; and shall order all county elec¬
tions to fill vacancies that may occur, in the offices
of their respective counties.
The Clerk of the Court of Probate shall be
Clerk of the Boards of County Police.
.Adopted March 12th, 1852.
chancery court.
Chancery Courts, witfi full jurisdiction in mat¬
ters of equity, shall be held in each judicial dis¬
trict by the circuit judge thereof at such time and
CONSTITUTION OF MISSISSIPPI.
place as may.be directed by law. The Superior
Court of Chancery, and the several Vice-Chan¬
cery Courts, shall continue as now organized, until
the first Monday of November, one thousand eight
hundred and fifty-seven, for the disposition of cases
now depending therein. The Legislature shall
provide by law for -the preservation of the records
of the said Superior Court of Chancery and of
said Vice-Chancery Courts, and also for the trans¬
fer of all causes, that may Temain undetermined
therein, to other courts, for final decision,
Adopted February bth, 1856.
TENURE OF PUBLIC OFFICERS.
All public officers in this State, Legislative, Ex¬
ecutive and Judicial, whose terms of office expire
at the general election to be held in the year one
thousand eight hundred and fifty-seven, or at any
subsequent general election, shall continue to hold
their offices until the first Monday of January next
following the expiration of said terms, and until
their successors shall be qualified: Provided, such
of said officers as are required to give bond for the
discharge of tin ir duties, shall give bond and se¬
curity for the said extended term, as may be pro¬
vided by the Legislature; and the terms of office
of all officers chosen at the general election.in the
'year eighteen hundred and fifty-seven, or at any
subsequent general election, shall commence on the
first Monday of January next succeeding the elec¬
tion, and shall continue for the time now fixed by
the constitution, and until their successors shall be
qualified.
Adopted February 6, 1856.
ELECTIONS.
All general elections by the people of this State
shall be held on the first Monday in October, and
be concluded in one day; on the first Monday in
October, 1<>57, and biennially thereafter, an elec¬
tion shall be held for Representatives in Congress,
and all State officers and members of the Legisla¬
ture, except for officers and senators entitled to hold
constitution OF mississippi.
,43
over after November, 1857, who shall continue in
office until their successors are entitled to succeed
them therein. The Legislature shall convene on
the first Monday of November, 1857, and biennial¬
ly thereafter, but may be especially convoked by
the Governor at other times. The Governor's of¬
ficial term shall commence on the third Monday of
November, and that ot the Secretary of State,
Auditor of Public Accounts, State Treasurer, and
Attorney General, on the fist Monday of January
next after his and their election; but the Attorney
General shall hold his office, as heretofore,-for the •
term of four years. On the first Monday of Octo¬
ber, 1858, and biennially thereafter, an election
Shall be held for all county^ district, judicial and
ministerial officers, (except officers who may then
,be entitled to hold over after, January, 1859, or
until the time Of holding another election;) and
the official term of all such officers then and' there¬
after elected, shall .commence on the first Monday
of January next after this election; but all such
officers elected in 1855, or previously, whose offi¬
cial terms, in. the absence of this provision, would
expire in November; 1857, shall continue in office
until the first Monday of January, 1859.
Adopted February 2d, 1856.
amendment vii.
That the following words be and they are hereby
inserted in the Constitution of this State and form
a part thereof, to-wit: "That the amendment to the
Constitution voted for by a majority of the qualified 0^fenur® of
electors in this' State at tfie last general election,
known as the tenure of office amendment, and
which was,added to the Constitution by an act of
the Legislature of this State, approved the nth day
of February, 1856, be abrogated, so far as it fixes
the terms of office of members of the Legislature,
and in lieu thereof the following section, adopted,
and inserted in the Constitution :
Sec. —. The term of office of members of the
Legislature shall be for the period now fixed by
the Constitution, and shall commence from and
after their election, and expire at the next general
CONSTITUTION'OF MISSISSIPPI.
election thereafter at which their successors are
elected.
Approved November 19th, 1857.
AMENDMENTS BY -THE STATE CONVENTION.
Be it ordained and declared, and it is hereby or-
, dained and declared, 'That the Legislature shall have
power to fix the time of holding all elections, and
may adjust the terms of office to conform to any
changes hereafter to be made, and may fix the time
for the commencement of its biennial sessions.
Be it ordained and declared, and it is hereby or¬
dained and declared, That if any part of the pres¬
ent Constitution of the State of Mississippi shall
be in conflict with any ordinance passed by this
Convention, such part of the said Constitution
Shall be held to be abrogated and annulled to the
extent of such conflict, but no further.
Adopted January 26th, 1861.
WILLIAM S. BARRY,
President of the Convention.
CONSTITUTION
OP THE.
CONFEDERATE STATES OF AMIRl CA.
We, the people of the Confederate States, each
State acting in its sovereign and independent
character, in order to form a permanent
federal Government, establish justice, insure
domestic tranquility,, and secure the blessings of
liberty to ourselves and our posterity—invoking
the favor and guidnnce of Almighty God—do
ordain ,and establish this Constitution of the
Confederate States of America.
SECTION I.—LEGISLATIVE POWERS.
All legislative powers herein delegated shalj be
vested in a Congress of .the Confederate States, Coco^g|ess!
which shall consist of a Senate and House of Rep¬
resentatives.!
Article I. Distribution of Powers.
II. Executive Department.
III. Judicial Department,
IV. General Provisions.
[' V. Constitution, how amended.
I VI. Successor tp Provisional Govern-
ment, etc. »
| VII. Constitution, hdw ratified.
PRE A'MBLE
ARTICLE I,
40
CONSTITUTION OF THE CONFEDERATE STATES.
SECTION II.—HOUSE OF REPRESENTATIVES.
#
L The House of .Representatives shall be corn-
Members Pose(^ members chosen every second year by the
how eieet'd. people of the several States ; and the electors in
each State shall be citizens of the Confederate
States, and have the qualifications requisite for
electors of the most numerous branch of the State
Legislature ; but no person of foreign birth, not a
citizen of the Confederate States, shall be allowed
to vote for any officer, civil or political, State or
federal.
2. No person shall be a Representative who shall
not have attained the age of twenty-five years, and
Quaiificati'n a citizen of the Confederate States, and who
of members shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be
apportioned atnong the several States which may
TaxeB, how be included within thri Confederacy, according to
apportioned ^their respective numbers—which shall be deter¬
mined by adding to the whole number of free
persons, including those bound to service for a term
of years, and excluding Indians not taxed, three-
fifths of all slaves. The actual enumeration shall
be made within three years after the first meeting
of the Congress of the Confederate States, and
within every subsequent term of ten years, in such
Ratio of manner as they shall, by law, direct The number
represent®- of Representatives shall not exceed one for every
lon" fifty thousand, but each State shall have, at least,
one Representative ; and until such enumeration
shall be made, the State of South Carolina shall
be entitled to choofee six, the State of Georgia ten,
the State of Alabama nine, the State of Florida
two, the State of Mississippi soven, the State Of
Louisiana six, and the State of Texas six*.
4. When vacancies happen in the representation
Vacancies from any State, the executive authority thereof
how mied.' shall issue writs of election to fill such vacancies.
5. The House of Representatives shall choose
their Speaker and other officers, and shall have the
overnnCnt so*e Power of impeachment; except that any ju-
of House, dicial or other federal officer, resident and acting
solely within the limits of any State, may be im-'
CONSTITUTION 0F THE CONFEDEKATE STATES.
47
peached by a vote of two-thirds of both branches
of the Legislature thereof.
SECTION III.—SENATE.
1. The Senate of the Confederate States shall be
composed of two Senators from each State, chosen Senators
for six years by the Legislature thereof, at the owelect'd-
regular session next immediately preceding the com¬
mencement of the term of service ; and each Sen¬
ator shall have one vote.
2. Immediately after they shall be assembled, in
consequence of the first- election,; they shall be 0^?£ureof
divided as equally as maybe into three classes.' C6'
The seats of the Senators of the first clasS shall be
vacated at the expiration of the second year; of
the second class at the^ expiration * of the fourth
year; and of the third class at the expiration of
the sixth year; so that one third may be chosen
every second year; and if vacancies happen by
resignation, or otherwise, during the recess of the vacancies
Legislature of any State, the Executive thereof
may make temporary appointments until the next
meeting of the Legislature, which shall then fill
such vacancies. ' '
3. No person shall be a Senator who shall not
have attained the age of thirty years, and be a Qimiifiea-
citizen of the. Confederate States; and who snail 0ons-
not, when elected, be an inhabitant of the State for
which he shall be chosen.
4. The Vice President of the Confederate States
shall be President of the Senate; but shall have
no vote, unless they be equally divided.
5. The Senate shall choose their other officers ; officershow
and also a President pro tempore in the absence of chosen,
the Yice President, or when he shall exercise the
office of President of the Confederate States.
6. The Senate shall have the sole power to try
all impeachments. When sitting for that purpose, impeach-
they shall be .on oath or affirmation. When the t?Sd.s how
President of the Confederate States is tried, the
C,hief Justice shall preside; and no person shall
be convicted without the concurrence of two-thirds
of the members present.
48
constitution of-the confederate states.
Penalty. 7. Judgment in cases of impeachment shall not
extended further than to removal from office, and
disqualification to hold and enjoy any "office of
honor, trust or profit under the Confederate States; •
but the party convicted shall, nevertheless, be liable
and subject to indictment, trial, judgment and pun¬
ishment according to law.
section iv.
1. The times, places and manner,of holding
Blectiong jtt elections for senators and representatives shall be
each state, prescribed in^ach State by the Legislature thereof,
subject to the provisions of this.Cofis'itution ; but
the Congress may, at any time, by law, make or
alter such regulations, except as to the times and
places of choosing Senators'.
2. The Congress shall assemble at least once in
congress to everJ Jear ) and such meeting shall be on the first
meet: Monday in December, unless they shall, by law,
appoint a different day.
section v.
1. Each House shall be the judge of the elections,
o or m to re^urns anc^ qualifications of its own members, and
do°bu^nes! a majority of each shall constitute a quorum to do
business ; but a smaller number may adjourn from
day to'day, and may be authorized to compel the
attendance of absent members, m such manner and
under such penalties, as each House may provide.
2. Each House may determine the rules of its
proceedings, punish its members for disorderly be-
howIeexpei- havior, and, with the concurrence of two-thirds of
led- the whole number, expel a member.
3. Each House shall keep a journal of itspro-
• ceedings. and from time to time publish the same,
bekejpt?110 excepting such parts as may in their judgment re¬
quire secrecy; and the yeas and nays of the mem¬
bers of either House, on any question, sbal,l at the
desire of one-fifth of those present, be entered on
the journal.
4. Neither House, during the session of Congress,
shall, without the consent of the other, adjourn for
more than three days, nor to any other place than
that in which the two Houses shall be sitting.
CONSTITUTION OF MISSISSIPPI.
33
shall perform other duties as may he required of
him by law.
Sec. 15. Every bill which shall have passed both
houses of the legislature, shall be presented to the Goiornor
Governor ; if he approves, he shall sign it; but if to sign or
not, he shall return it, with his objebtions, to the returnbUIs::
house in which it shall have originated, which shall
enter the objections at large upon their journals,
and proceed to reconsider it; if, after such recon¬
sideration, two-thirds of the house shall agree to
pass the bill, it shall be sent, with the objections to Veto.'
the other house, by which it shall likewise be recon¬
sidered : if approved by two-thirds of that house,
it shall become a law; ■ but in such case, the vote of
both houses shall be determined by yeas and nays,
and the names of the members voting for and
against the bill shall be entered on the journal of
each house respectively: if any bill shalll not be
returned by the Governor within six days (Sundays
excepted) after it shall have been presented to him,
the same shall become a law in like manner as if
he had signed it, unless the legislature,,by their
adjournment, prevent its return ; in Which case it
shall not become a law.
Sec. 16. Every .ordet, resolution or vote to
which the concurrence of both houses may be neces¬
sary, except resolutions for the purpose of obtain¬
ing the joint action of both houses, and on questions
of adjournment, shall be presented to the .Governor,
and, before it shall take effect, be approved by him,
or. being disapproved; shall be repassed by both
houses, according to the .rules and limitations pre¬
scribed in the case of a bill.
. Sec. 17. Whenever the office of Governor shall
become vacant, by death, resignation, removal from oao® of
office, or otherwise, the president of the Senate
shall exercise'he office of Governor until another
Governor. shall be duly qualified ; and in casepf
the death, resignation, removal from office, or other,
disqualification of the* president of the Senate, so
exercising the office of Governor, the speaker of the
House of Representatives shall §xercise the office
until the president of the Senate shall have been
chosen; and when the office of Governor, president
of the Senate, and speaker of the House, shall be-
3—h
34
CONSTITUTION OP MISSISSIPPI.
come vacant in the recess of the Senate, the person
Fnrthar acting as Secretary of State for the time beings,
proton. ghan5 by proclamation, convene the Senate, that a
president may be chosen to exercise the office of
Governor.
Sec. 1.8. When either the president or speaker
of the House of Representatives shall so exercise
said office, he shall receive the compensation of the
Governor only; and his duties as president or spea¬
ker shall be suspended, and the Senate or House of
Representatives, as the case may be, shall fill the
vacancy until his duties as Governor shall cease.
" Sec. 19. A sheriff and one or more coroners; a
treasurer, surveyor and ranger, shall be elected in
each county, by the qualified electors thereof, who
shall hold their offices for two years, unless sooner
removed ; except that the coroner shall hold his
office until his successor be duly qualified. .
. Sec. 20. A State Treasurer and Auditor of Pub-
Treasurer lip Accounts shall be elected by the qualified elec-
aad Auditr. ^Qrg gta^ wjjo gh£H hold their offices for
the term of two years, unless sooner removed.
MILITIA.
Section 1. The Legislature shall provide by
Militia. ^aw» for-organizing and disciplining the militia of
this State, in such manner as they may deem expe¬
dient, not incompatible with the Constitution and
the laws of ,the Confederate States of America in
relation thereto.
Sec. 2. Commissioned officers of the militia
Militia offi- (staff officers, and the officers of volunteer coinpa-
cers; njes excepted,) shall be elected by the persons lia¬
ble to perform military duty, and the qualified
electors within their respective commands, and
shall be commissioned by the Governor.
Sec. 3. The Governor shall.have power to call
Powers of forth the militia to execute the laws of the State,
to suppress insurrection, and to repel invasion.
Jitia.
constitution op mississippi. 85
ARTICLE VI.
impeachments.
Section !. The House of Representatives shall
have the sole power of impeaching.
Sec. 2. All impeachments shall be tried by the
Senate: when sitting for that purpose, the senators
shall be on oath Or affirmation: no person shall be
convicted without the concurrence of two-thirds of
the members present.
Sec. 3. The Governor and all civil officers shall
be liable to impeachment for any misdemeanor in of-
fice ; but judgment in such cases shall not extend
further than to removal from office, and disqualifi¬
cation to hold any office of honor, trust or profit
under the State; but the party convicted shall nev¬
ertheless, be subject to indictment, trial and pun¬
ishment, according to law, as in other cases.
ARTICLE VII.
general provisions.
Section 1. Members of the Legislature, attor¬
neys and counsellors at law, and all officers, exeqn- 0atIl of Qf_
tive and judicial, before they enter upon the duties' fice.
of their respective offices', shall take the following
oath or affirmation, to-wit: " I do solemnly swear
(or affirm, as the case may be) that I will support
the Constitution of the Confederate States of
America, and the Constitution of the State of Mis¬
sissippi, so long as I continue^ citizen" thereof, and
that I will faithfully discharge, to the best oY my
abilities the duties of the office of , accord¬
ing to law—So help me God."
Sec. 2. The Legislature shall pass such laws to
prevent the evil practice of duelling,.'as they may Duelling-
deem necessary ; and may require all officers before
they enter upon the duties pf their respective offi¬
ces, to take the following oath or affirmation : " I
do solemnly swear, (or affirm, as the case may be,)
that I have not been epgaged in a duel, by sending
or accepting a challenge to fight a duel, or by fight¬
ing a duel, since the first day of January, in the
I mpeach-
ment.
-^Extent of,
&c■
36
CONSTITUTION OF MISSISSIPPI,
year of our Lord one thousand' eight hundred and
thirty-three, nor will I be so engaged during my
continuance in office^—So -help me God."
Sec. 3. Treason against the State shall consist
only in levying war again&t it, or in adhering to
Treason. jtg cnemieSi giving .them aid and comfort. No
person shall be convicted of treason, unless on the
testimony of two witnesses to the* same overt act,
jneetions.at or his own confession in open court.
Sec. 4, Every person-shall be disqualified from >
holding an office or place of honor or profit under
th,e authority of this State, who shall lie convicted
• of having given or offered any bribe to secure his
convicts e^ecl^011' Laws shall be made to exclude from of-
exeiuiel fice or suffrage those who shall hereafter be con-
from office, dieted of bribery, perjury, forgery, or other high
crimes or misdemeanors. The privilege of the free,
suffrage shall be supported by laws regulating eiec-
Suffrage. tions, and prohibiting, under adequate penalties, all
undue influences thei in, -from power, bribery, tu¬
mult, or other improper conduct.
Sec. 5. No person who denies the being of a
Atheists: God, or a future state of rewards and punishments,
shall hold any office in the civil department of this
State. ,
Sec, 6. No laws of a general nature, unless
when laws otherwise provided for, shall be enforced until sixty
rct:nt0 ef" days after the passage thereof.
Sec. 7. No money shall be drawn from the
m o n e treasury, h»nt in consequence of an appropriation
drawn from made by law; nor shall any appropriation ol money
treasury. for ^jie gllpp0rf; 0f an army be made for a longer
term than one year.
Sec. 8. No money from the treasury shall be
appropriated to objects of internal improvement,
unless the bill for that purpose be passed by two-
thirds of both branches ,of the Legislature; and a
regular statement and account of the receipts and
expenditures of public moneys shall be published
annually.
Sec. 9. No law shall ever be passed to raise a
loail of money upon the credit of the State or to
state Loan. p]ec]ge ftllith of the State lor the redemption of
any loan or debt, unless such law l>e proposed in
thff^ Senate or House of Representajives, and be
constitution 0e mississippi.
37
agreed to by a majority of the members of each
house, and entered on the journals, with. the yeas
and nays taken thereon, and be referred to the
next sueceding Legislature, and published for
three months previous to the next regular election,
in three newspapers of this' State; and unless a
majority of each branch of the Legislature so
elected, afteP such publication, shall agree to gnd
pass such a law ; and in such case, the yeas and
nays shall be taken and entered on the journals of
each house* Provided, that nothing in this sec-,
tion shall be so coustrued as to prevent the Legis:
lature from negotiating a further loan of one and
a half millions of dollars, and vesting the same in
stock reserved to the State by the charter of the
Planters' Bank of the State of Mississippi.
And provided further, That the Legislature may
raise a loan of money ahd pledge the faith of the
State for the payment thereof, when required to •
suppress insurrections, repel invasions, or provide
for the defense of the State.
Sec. 10. The Legislature shall direct, bylaw, suite
in what manner, and in what courts, suits may be against .thfe
brought against the State. - 1 tate'
Sec. 11. Absence on business of this State or
of the Confederate States of America, or' on a
visit, or necetsary private business, shall not cause '"ens ip"
a forfeiture of citizenship or residence once
tained.
Sec. 12. It shall be the duty of the Legislature
to regulate by law, the cases m which deductions from^iur-
shall be made from salaries of public officers for ies-
neglect of duty in their official capacity, and the
amount of such deduction.
Sec. 13. -No member of Congress, nor any per¬
son holding any office of profit or trust under the
Confederate States, (the offide of postmaster ex- from (.ffiee.
cepted,) or any other State of the Confederacy, or
under any foreign power, shall hold or exercise
any office of trust or profit under this State.-
Sec. 14. Religion, morality and knowledge be1-
ing necessary to good government, the1 pleserva- gchools aDd
ticm of liberty pnd the happiness of mankind, ed u e aticu.
schools and the means of bducation, shall forever
be encouraged hi this State.
38
CONSTITUTION OF MISSISSIPPI,
Sec, 15. Divorces from the bonds of matrimo*
Divorce.?.' PJ shall not be granted bat in cases provided for
by law, by suit in chancery.
Sec. 16, f Returns of all elections by the people
Election re- s^ia^ ma^e to the Secretary of. State, in such
turn?. manner as. may be prescribed by law.
-Sec. 17. No new county shall be established by
the Legislature, which shall reduce the county or
counties, or either of them, from which it may be
cxmties— taken, to less contents than five hundred and sixty-'
new' six square miles ; nor shall any new county be
'laid off cf less contents.
Sec. 18. The Legislature shall have power to
admit to all the rights and privileges of free white
citizens of this State all such persons of the Choc-
indian?. taw and Chickasaw tribes c>f Indians as shall
choose to remain iu this State, upon such terms as
the Legislature may, from time to time, deem
proper.
slaves.
Section 1. TherLegislature shall have no pow¬
er to pa?s laws for the emancipation of slaves with-
tfon oi; out the consent of their owners, unless where the
m3de- slave shall have rendered to the State some distin¬
guished service, in which case the^ owner shall be.
paid a full equivalent for the slave so emancipated.
They shall have no power to prevent emigrants to
this State from bringing with them such persons as
are deemed slaves by the laws of' any one of the
United States, so long as any person of the same
age or description shall be continued in slavery by
the la\ys of this State ; Provided, that such person
or slave be the bona fid$ property of such emi-
v'fe t'l d°of 8Tan^s'! an<^ provided, also, that law? may be passed
crimes. to prohibit the introduction into this State of slaves
who may have committed high crimes in other
States. They shajl have power to pass laws to
permit the owners of slaves to emancipate thenij
saving the Tights of creditors, and preventing them
from becoming a public charge. They shall have
full powpr to oblige the owners of slaves to treat
them with humanity, to provide for them necessary
^lothing and prqvisi6ns,to abstain from all injuries
constitution" of mississippi.
39
to them ^tending to life or limb, and in ease of
their neglect or refusal to comply with the direc- Treatment
tions of such laws, to have such slave or slaves of slaves;
sold for the benefit of the owner or owners.
Sec. 2. The introduction of slaves into this
State as merchandise, or for sale, shall be prohibi- me^han*-
ted from and after the first day of May, eighteen diee. ■
hundred and fifty-three; Provided, that the actual
settler or settlers shall not be prohibited from pur¬
chasing slaves in any other State in this Union
and bringing them into this State for their own
individual use, until the year eighteen hundred and
forty-five.
Sec. 3. In the prosecution of slaves for crimes
'Of which the punishment is not capital, no inquest ofTiayes!
by a grand jury shall be necessary ; but the pro¬
ceedings in such cases shall be regulated by law.
mode of revising the constitution.
Whenever two-thirds of each branch of the
Legislature shall deem any change, alteration or
amendment necessary to this constitution,, such
proposed change, alteration'or amendment shall.be
read and passed by a majority of two-thirds of
each house respectively, on each day for three sev- constitution
eral days; public notice thereol , shall then be now revised
given by the Secretary of State, at least six months
preceding the next general election, at which the
qualified electors shall vote directly for or against
such change, alteration or amendment; and if it
shall appear that a majority pf the qualified elec¬
tors voting for members of the Legislature shall
have voted for the proposed change, alteration or
amendment, then it shall be inserted, by the next
succeeding Legislature, as a part of this constitu¬
tion, and not otherwise.
schepule.
SecIion 1. All rights vested, and all liabilities
incurred, shall remain the same as if this constitu- Tested.shu
tion had not been adopted.
40
constitution of mississippi.
Sec. 2. All suits at law or in equity, now pend¬
ing in the several courts of this State, may be
transferred to such courts as may have proper ju¬
risdiction thereof.
• Sec'. 3. The Governor, and all officers, civil and
military, now holding commissions under the au-
offieers, 4c. thority of this State, shall continue to hold and,
exercise their respective offices, until they shall be
Superseded pursuant to the provisions of this con¬
stitution, and until their successors be duly quali¬
fied.
Sec. 4. All laws now in force in the State,
not repugnant to this constitution, shall continue
to operate until they shall expire by their own
limitation, or be altered or repealed by the Legis¬
lature.
Sec. *5. Immediately upon the adoption of this,
constitution, the President of this Convention shall
issue writs of election, directed to the sheriffs of
the several counties, requiring 'them to cause an
election to be held on the first Monday and day
following in December next, for members of the
Legislature, at the respective places of holding
elections in said counties ; which elections shall be
conducted in the manner prescribed by the existing
election laws ol the State ; and the members of
the Legislature, thus elected, shall continue in of¬
fice until the next general election, and shall con¬
vene at the seat of government on the first Mon¬
day in January, eighteen hundred and thirty-three :
and shall, at their first session, order an election to
be held in every county of this State, on the first
Monday of May and day following, eighteen hun¬
dred and thirty-three, for the State and county
officers under this constitution, (members of the
Legislature excepted,) and the other officers then
elected shall continue in office until the succeeding
general election, and after, in the same tnanner as
if the election had taken place at the time last
aforesaid.
Sec. 6. Until the first enumeration shall be
made, as- directed by the constitution, the appor-
o Ho# long tionment of senators and representatives among
constitution op mississippi.
41
the several districts and counties in this State, shall first eieet-
remain as at present fixed by law. .
P. RUTIAJS R. PRAY, fi<*-
President of the Convention, and
' Representative from the county of Hancock.
Attest : *
John H. Mallory, Secretary.
AMENDMENTS TO .THE CONSTITUTION.
slaves.
The Legislature shall have, and are hereby vest¬
ed with power1 to pass such laws, regulating or
prohibiting the intrbduction of African slaves into
this State, as tnay be deemed proper and expedient.
Adopted February 2d, 1846.
board op police.
The qualified electors of each county shall elect
five persons, "by districts, for the term of two years,
who shall constitute a Board of Police of each
county, a majority of \riiom may transact business;
which body shall have full jurisdiction over roads,
highways, ferries and bridges, and all other matters
of county policy ; and shall order all coUnty elec¬
tions to fill vacancies that may occur in the offices
of their respective counties.
The Clerk of the Court of Prbbate shall be
Clerk of the Boards of County Police.
Adopted March 12th, 1852.
chancer"? court.
Chancery Courts, with full jurisdiction in mat¬
ters of equity, shall be held in' each judicial dis¬
trict by the circuit judge thereof, at such time and
CONSTITUTION OF MISSISSIPPI.
place as may be directed by law. The Superior
Court of Chancery, and the several Vice-Chan¬
cery Courts, shall continue as now organized, until
the first Monday of November, one thousand eigbt
' hundred and fifty-seven, for the disposition of cases
now. depending therein. The Legislature shall
provide by law for the preservation of the records
of the said Superior Court of Chancery and of
said Vice-Chancery Courts, and also for the trans¬
fer of all causes, that may remain undetermined
therein, to other courts, for final decision,
Adopted February 6 th, 1856.
TENURE OF PUBLIC OFFICERS.
All public officers in this State, Legislative, Ex¬
ecutive and Judicial, whose terms of office expire
at the general election to he held in the year one
thousand eight hundred and fifty-seven, or at any
subsequent general election, shall continue to hold
their offices until the first Monday of January next
following the expiration of said terms, and until
their successors shall be qualified: Provided, such
of said officers as are required to give bond for the
discharge of their duties, shall give bond and se¬
curity for the said extended term, as may be pro*
vided by the Legislature; and the terms of office
of all officers chosen at the general election in the
year eighteen hundred and fifty-seven, or at any
subsequent general election, shall commence on the
first Monday of January next succeeding the elec¬
tion, and shall continue for the time now fixed by
the constitution, and until their successors shall be
qualified,
Adopted February 6,1856.
ELECTIONS.
All general elections by the people of this State
shall be held on the first Monday in October, and
be conclnded in One day; on the first Monday in
October, 1<>57, ami biennially thereafter, an elec¬
tion shall 'be held for representatives in Congress,
and all State officers apd members of the Legisla¬
ture, except for officers and senators entitled to hold
CONSTITUTION OP MISSISSIPPI.
43
over after November, 1857, who shall continue in
office until their successors are entitled to succeed
them therein. The Legislature shall convene on
the first Monday of November, 1857, and biennial¬
ly thereafter, but may be especially convoked by
the Governor at other times. The Governor's of¬
ficial term shall commence on the third Monday of
November, 'and that ol the Secretary of State,
Auditor of Public Accounts, State Treasurer, and
Attorney General, on the fist Monday of January
iiext after his and their election; but the Attorney
General shall hold his office, as heretofore, for the
term of four years. On the first Monday of Octo¬
ber, 1858,, and biennially thereafter, an election
shall be held for all county, district, judicial and
ministerial officers, (except officers who may then
be entitled to hold over after' January, 1859, or
until the time of holding another election;) and
the official term of all such officers then and there¬
after elected, shall commence on the first Monday
of January next after this election; but all such
officers elected in 1855, or previously, whose offi¬
cial terms, in the absence ol this provision, would
expire in November, 1857, shall continue in office
until the first Monday of January, 1859.
Adopted February 2d, 1856.
amendment yii.
That the following words be and they are hereby
inserted in the Constitution of this State and form
a part'thereof, to-wit: "That the amendment to the
Constitution voted for by a majority of the qualified ofgceenure of
electors in this State at the last general election,
known as the tenure of office amendment, and
which was, added to the Constitution by an act of
the Legislature of this State, approved the nth day
of February, 1856, be abrogated, so far as it fixes
the terms of office of members of the Legislature,
and in lieu thereof the following section, adopted
and inserted in the Constitution :
Sec. —.-The term of office of members of the
Legislature shall be for the period now fixed by
the Constitution, and shall commence from and
after their election, and expire i\t the next general
CONSTITUTION OF MISSISSIPPI.
election thereafter at which their successors are
elected.
Approved November 19th, 1857.
AMENDMENTS BY THE STATE CONVENTION.
Be it ordained and declared, and it is hereby or¬
dained and declared, That the Legislature shall have
power to fix the time of holding all elections, and
may adjust the terms of office to conform to any
changes hereafter to be made, and may fix .the time
for the commencement of its biennial sessions.
Be it ordained and declared, and it is hereby or:
dained and declared, That if any part of the pres¬
ent Constitution of the State of Mississippi shall
be in conflict with any ordinance passed by this
Convention, such part of the said Constitutioii
shall be held to be abrogated and annulled to the
extent of such conflict, but no further.
Adopted January 26th, 1801.
WILLIAM S. BARRY,
President of the ConYention.
CONSTITUTION
op the
HBIRATG STATES «P AMBICA.
Article I. distribution of Powers.
II. Executive Department,
III. Judicial Department.
IV. General Provisions;
V. Constitution, how amended.
VI. Successor to Provisional Govern¬
ment, etc.,
VIL Constitution, how ratified.
PREAMBLE.
We, the people of the Confederate States, each
State acting in its sovereign and independent
character, in order \t<!r fbrm a permanent
federal Government, establish justice, insurd
domestic tranquility, and secure the blessings of,
liberty to ourselves and our posterity—invoking
the favor and guidance of Almighty God-—do
ordain and establish this Constitution of the
Confederate States of America.
ARTICLE I.
section "i.—leglgr ati ve powers.
All legislative powers herein delegated shall be
vested in a Congress of the Confederate States, c°cingres^
which shall consist of a Senate an4 House of Rep¬
resentatives.
CONSTITUTION OP THE CONFEDERATE STATES.
SECTION II.—HOUSE OF REPRESENTATIVES.
1. The House of 'Representatives shall be corn-
Members Posed members chosen every second year by the
how eiect'd. people of ^he several States ; and the electors in
each State shall be citizens of the Confederate
States, and have the qualifications requisite for
electors of the most numerous branch of the State
Legislature but no person of foreign birth, not a
citizen of the Confederate States, shall be allowed
to vote for any officer, civil or 'political, State or
federal. -
2. No person shall be a Representative who shall
not have attained the age of'twenty-five years, and
quaiificati'n he a citizen of the Confederate States, and who
©fmembers shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be
apportioned among the several States which may
Taxes, how be included within this Confederacy, according to
apportions respective numbers—which shall be deter¬
mined by adding to the whole number of free
persons, including those hound to service for a term
of years, and excluding Indians not taxed,©three-
fifths of all slaves. The actual enumeration shall
be made within:three years after the first meeting
of the Congress of the Confederate States, and
within every subsequent term'of ten years, in such
Rat» of manner as tliey Shall, by law, direct. The number
represent*-, of Representatives shall not exceed one for every
tlon* fifty thousand, but each State shall have, at least,
one Representative ; and until such enumeration
shall be made, the State of South Carolina shall
he entitled to choose six, the ^tate of Georgia ten,
the State of Alabama nine, the State of Florida
two, the State of Mississippi seven, the. State of
Louisiana six, and the State of Texas six.
4. When vacancies happen in the representation
Vacancies ^rom ariy State, the executive authority thereof
how filled, shall issue writs of election to fill * such Vacancies.
5. The,House of Representatives shall choose
their Speaker and other officers, and shall have the
Rules fqr sole power of impeachment; except that any ju-
of House,4 dicial or other federal officer, resident and acting
solely within the limits of any State, may be im-
CONSTITUTION OF THE CONFEDERATE SPATES.
47
peached by a vote of two-thirds of both branches
of the Legislature thereof.
SECTION III.—SENATE. .
1. The Senate of the Confederate States shall be
composed of two Senators from each State, chosen Senators
for six years by the Legislature thereof, at the ovrelect'd.,
regular session next immediately preceding the com¬
mencement of the term of service ; and each Sen¬
ator shall have one vote.
2. Immediately after they shall be assembled, in
consequence of the first election, they shall be ^enureof
divided as equally as may be into three classes. ° C0' .
The seats of the Senators of the first class shall be
vacated at the expiration of the second year; of
the second class at the expiration of the fourth
year ; and of the third class at the expiration of
the sixth year; so that one third may be chosen
every second year; and if vacancies1 happen by
resignation, or otherwise, during the recess of the vacancies
Legislature of any State, the Executive thereof ho*fiUed.
may make temporary appointments until the next
meeting of the Legislature, which shall then fill
such vacancies. • '
3. No person shall be a Senator who shall not
have attained the age of thirty years, and be a Quaiifica-
citizen of the Confederate States;.and who snail tKms"
• not, when elected, be an inhabitant of the State for
which he shall be chosen.
4. The Vice President of the Confederate States
shall be President of the Senate; but shall have
no vote, unless they be equally divided.
5. The Senate shall choose their other officers ; officers how
and also h President pro tempore in the absence of chosen,
the Yice President, or when he- shall exercise the
office of President of the Confederate States.
6. The Senate shall have the sole power to try
all impeachments. When sitting for that purpose, impeach-
they Shall be on oath or affirmation. When the tS® how
President' of the Confederate States is tried, the
-Chief Justice shall preside; and no person shall
be convicted without the concurrence of two-thirds
of the members present.
48 CONSTITUTION OP THE CONFEDERATE STATES.'
Penalty. 7. Judgment in cases of impeachment shall not
extended farther than to removal from office, and
disqualification to hold and enjoy -any office of
honor, trust Or profit under the Confederate States;
but the party convicted shall, nevertheless, be liable
and Subject to indictment, trial, judgment and pun¬
ishment according to law.
SECTION IV.
1. The times, places and manner of holding
Elections in elections for senators and representatives shall be
each state. pregCribed in each State by the Legislature thereof,
subject to the provisions of this Cons'itution; but
the Congress may, at any time, by law, make or
alter, such regulations, except as to the times and
places of choosing Senators.
2. The Congress shall assemble at least once in
Congress to eveiT JTar 5 antl such. meeting shall be on the first
meet; Monday in December, unless .they shall, by law,
appoint a different day.
SECTION v.
1; Each House shall be the judge-of the elections,
"buorum to re^urus ailC^ qualifications of its own members, and
docusates! a majority of each shall constitute a quorum to do
business ; but a.smaller number may adjourn from
day to day, and may be authorized to compel the
attendance of absent members, m such jnannCr and
under such penalties, as each House may provide.
2. Each House may determine the rules of its
proceedings, punish its members for disorderly be-
how0!^0" bavior, and, with the concurrence of two-thirds of
led' the whole number, expel a member.
3. Each House shall keep a journal of its pro¬
ceedings. and from time to time publish the same,
bekept?Up excepting such parts as may in their judgment re¬
quire seprecy; and the yeas and nays of the mem¬
bers of either House, on any question, shall at the
desire of one-fifth of those present, be entered on
the journal. •
4. Neither House, during the session of Congress,
shall, wit iont the consent of the other, adjourn for
more than three days, nor to any other place than
that in which the two Houses shall be sitting.
constitution of the confederate states.
49
section vi.
1. The Senators and Representatives shall re- componsa-
ceive ft compensation for their services, to be ascer- tion-
• tained by law, and paid out of the treasury of the
Confederate States. They shall, in all cases, except fromunSt!
treason, felony and breach of the peace, be privi¬
leged from 'arrest daring their attendance at the
session of their respective Houses, and in going to
and returning from tlfe saine; and for any speech
or debate in either 'House they shall not be ques¬
tioned in any other place.
2. No Senator or Representative shall, during Members
the time for which he was elected, be appointed to cannot hold
any civil office under the authority of the Con- p cft-
federate States, which shall have been created, or
the emoluments whereof shall have been increased
1 during such time ; and no person holding any office
under thp Confederate States-shall be a member of
either House during his continuance in office. But
Congress may, bylaw, grant to the principal officer
'in each of the Executive Departments a seat upon
the floor of either House, with the privilege of dis¬
cussing any measure appertaining to his depart¬
ment.
section vii.
1. All bills for raising revenue shall originate in Revenuo
the House of Representatives; but the Senate may how rwaecu
propose or concur with amendments as on other
bills.
2. Every bill which shall have'passed both
Houses, shall, before it become a law, be presented ^BiUa tob®
to the President of the Confederate States ; if he. President.'r
approve, he shall sign it; but if hot, he shall return
it with his objections, to that House in which it
shall have originated, who shall enter the objections
at large on their journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of
that House shall agree to pass the bill, it shall be
sent, together with the objections, to the other
House, bv which it sua'! likewise be reconsidered,
and il approved by two-t iirds of that House,'it
shall become a law. But in all such cases, the
4—L '
50
CONSTITUTION ON THE CONFEDERATE STATES.
votes of both Houses shall, be determined by yeas
and nays; and the names of the persons voting for
hnd against the bill shall be entered on the journal
of each House respectively." If any bill. shall hot
be returned by the President within ten days (Sun¬
days excepted,) after it shall have been presented to
him, the same shall be a law, in like manner as if
he had signed it, unless the Congress, by their ad¬
journment, prevent its returm in which case it shall
not be a law. The President may approve any
appropriation and disapprove any other appropria¬
tion in the same bill. In such Case be shall, in
signing the bill, designate the appropriations disap¬
proved ; and shall return a copy of such appropri¬
ations, with his objections, to the House in which
the bill shall Ijiave originated ; and the same pro¬
ceedings shall then be had as in case of other bills
disapproved by the President,
orders. ^vei7 order, resolution or vote, to which the
concurrence, of both Houses may be necessary, •
Resolutions (exoCpt on a question of adjournment,) shall be
or votes. presented, to the President of the Confederate
States'* and before the same shall take effect, shall
be approved by him ; or being disapproved by him,
shall be .repassed by two-thirds of both Houses,
according to the rules and limitations prescribed in
case of a bill.
SECTION VIII.
The Congress- shall have power—
1. To lay and collect taxes, duties, imposts and
or tnxe?, excises, for reventie necessary to pay the debts,
diitws, &c. proving f0r the common defence, and to carry on
•the Government of the Confederate States ; but
no bounties shall b$ granted from the treasury ; nor
shall gny duties or taxes on importations from
foreign nations be laid t(f promote or foster any
branch of industry ; and all duties, imposts and
excises shall be uniform throughout the Confeder¬
ate States:
. 2. To borrow money on the credit of the Con-
JJ;.1"" federate States:
•To re late ^gulate commerce with foreign nations,
commerce. and among the several States, and. with the Indian
CONSTITUTION OP THE CONFEDEKAJE STATES.
51
tribes ; but neither this, nor any other clause con¬
tained in the Constitution, shall ever be construed
to delegate the power to Congress to appropriate internal
money for any internal improvement inteilded do improve-
facilitate commerce, except for the purpose of fur-'men &'
nishing lights, beacons, and buoys, and other aids
to navigation upon the coasts, and the improve¬
ment of harbors, and the removing of obstructions
in river navigation, in all which cases, such duties
' shall be laid on the navigation facilitated thereby,
as may be necessary to pay the costs and expenses
thereof:
4. To establish uniform laws of naturalization, j,faturaliza.
and uniform laws on the subject of bankruptcies tion.
throughout the confederated States ; but no law of
Congress shall discharge any debt contracted be¬
fore the passage of the same :
5. To coin money, regulate the value thereof and To coin m0_
of foreign coin, and fix the standard of weights ney, &e.
and measures :
6. To provide for the punishment of counter¬
feiting the securities and current Coin of the Con¬
federate States:
7. To establish post-offices and post routes ; but post offices,
the expenses of the Post-office Department, after &0-
the first day of March, in the year of our Lord*
eighteen hundred and sixty-three, shalljbe paid out
of its own revenues :
8. To promote the progress of science and useful or Patent
arts, by securing, for limited times, to authors and Rlghts-
inventors, the exclusive right of their respective
writings and discoveries :
I). To constitute tribunals inferior to' the Supreme
Court:
10. To define and punish piracies and felonies .To punish
committed on the high seas, and offences against pirReies*&c*
the law of nations :
11. To declare war, grant letters of marque and To declare
reprisal, and make rules concerning captures on war' &c*
land and water :
12.. To raise and support armies ; but no appro- Army.
priatiOn of money to that use shall be for a longer
term than two years :
13. To provide and maintain a navy : NaTy.
52
CONSTITUTION OP THE CONFEDERATE STATES.
14. To make rules for the government'and regu¬
lation of the land and naval forces:
Miijtia Pr0v^e f°r calling forth the militia to
execute the laws of the Confederate States, sup¬
press insurrections, and repel invasions :
10. To provide for organizing, arming and disci¬
plining the militia, and for governing such part of
them as may be employed in the service of. the
Confederate Statesreserving to the States re¬
spectively the appointment of the officers, and the
authority of training the militia according to the
discipline prescribed by Congress :
17; To exercise exclusive legislation, in all cases
legislation;6 whatsoever, over such district (not .exceeding ten
miles square) as •may', by cession of" one or more
States and the acceptance of Congress, become the
seat of the Government of the Confederate States;
and to exercise like authority over all places pur¬
chased by the consent of the Legislature of the
State ,in which the same shall be. for the erection
of forts; magazines, arsenal^ dockyards, and other
needful buildings: and
18. To make all laws which shall be necessary
and proper for carrying into execution the fore¬
going powers, and all other powers vested by this
'Constitution in the Government of the Confederate
States, or in any department or officer thereof.
SECTION IX.
L The importation of negroes of the African
African race race, from any foreign country,other than the slave-
not import- folding states, or Territories of the United States
of America, is hereby forbidden ; and Congress is
required to pass such laws as shall effectually pre¬
vent the same.
2. Congress shall also have power to prohibit the
int'roduc- iu tro^110^011 °f slaves from any State not a memi
tion0 of ber of, or Territory not belonging to this Con-
siavea, federacv.
3. The privilege of the writ of habeas corpus
shall not be Suspended, unless when in cases of
Habeas rebellion, or. invasion, the public safety may re-
corpus. Quire it.
CONSTITUTION 0? THE CONFEDERATE STATES.
53
4. No bill of attainder, ex post facto law, or law
denying or* impairing the right of property in
negro slaves, sliall be passed'
5- No capitation oi* other direct tax Shall be laid
• unless in proportion to the census or enumeration
hereinbefore directed to be taken.
G. No tax or duty shall be laid on articles ex¬
ported from any. State, except by a vote of two-
thirds of both Houses.
7. No prbference shall be given by any regulation
of commerce or revenue to the ports of one State
over those of another.
8. No money shall be drawn from the freasury, Money how
but in consequence of Appropriations made bylaw; Treasury?"1
and a regular statement and account of the receipts
and expenditures of all public money shall be pub¬
lished from time to time.
9. Congress shall appropriate no money from
the treasury except by a vote of two-thirds of'
both Houses, taken by yea3 and nays, unless it be
asked and estimated for by some one of the
heads of department, and submitted .to Congress
'by the President; or for the purpose of paying
its own expenses and contingencies; or for the
payment of claims against the Confederate States,
the justice of which shall have been judicially
declared by a tribunal for the investigation of
claim's agairiSt the Government, which it is hereby .
made the duty .of Congress to establish.
10. All bills appropriating money shall specify, No indem_
in' federal currency, the exact amount of each nuyaiiow'd.
appropriation, and the purposes for which it is
made; and Congress shall grant no extra com¬
pensation to any public contractor, offiper, agent,
•or servant, after such contract shall have been
made or such service rendered.
11. No title of nobility shall be granted by the Q{
Confederate States; and no person holding any 4C. 1 es'
office of- profit or trust under them shall, without
the consent of the Congress, accept of any pre¬
sent, emolument, office or title, of any kind what¬
ever, from any king, prince, or foreign State.
12. Congress shall make no law respecting an Kelic,iba.'
establishment of religion, or prohibiting the free the press',
exercise thereof; or abridging the freedom of c'
54 CONSTITUTION OF THE CONFEDERATE STATES.
speech, or of the press; or the right of the people
peaceably to assemble and petition the Government
for a redress of grievances. ( .
13. A well regulated militia being necessary to
Right to the security of a free State, the right of. the peo-
bear arms: pje peGp and bear arms shall not be infringed.
14. No soldier shall, in time of peace, be quar-
Soidiers tered in any .house without the consent of the
quartered. ,owner. nor ;n ^me 0f war> but jn a manner to be
' prescribed by law.
15. The right of the people to be secure in
their persons, houses, papers, and effects against
seared of unreasonable searches and^ seizures shall not be
violated; and no warrants shall issue but upon
probable cause, supported by oath or affirmation,
■and particularly describing the place to be searched,
tand the persons or things to be seized.
16. No person shall be held to answer for a
capital capital or otherwise infamous crime, unless on a
nSd.es hovv pTesentment or indictment of a grand jury, except
in cases 'arising in the land or naval forces, or in
the militia when in actual service in time of war
or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of
life or. limb; nor be compelled, in any criminal
case, to be a witness against himself; nor be
deprived of life, liberty or property, without due
process of law; nor shall private property1 be
taken- 'for public use, without just compensation.
• 17. In all criminal prosecutions the accused shall
enjoy the right to a speedy and public trial, by an
speedyuiai impartial jury of the State and district wherein
the crime shall have been committed, which district
shall have beeu previously ascertained by law, and
to be informed of the nature and cause of the
accusation; to be confronted with the witnesses
against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
assistance of counsel for his defence.
18. In suits at common law, where the value in.
Suits at controversy, shall exceed twenty dollars, the right'
<m> m mon 0f ^r;a| Py jUIy s]iap be preserved; and no fact,
tried by a jury, shall be otherwise re examined in
any court of the Confederacy than according to
the rules of the common law.
constitution of the confederate states.
55
19. Excessive bail shall not bo required, nor bJj?cessive
excessive fines imposed, nor cruel and unusual pun¬
ishments inflicted. *
20. Every lawor resolution Saving the force of
law, shall relate to but one subjeet, and that shall
be expressed in the title.
section x.
1. No State shall enter into any treaty, alliance, gtates pro*.
or confederationgrant letters of marque arid habited oer-
reprisal; coin money; make any thing but gold ^ pnvile'
and silver coin a tender in payment of debts;
pass any bill of attainder, or ex post facto law, or
law impairing the obligation of contracts; or
grant any title of nobility.
2. No State shall, without the consent of the
'Congress, lay any imposts or duties on imports or im^arteand
exports, except what may be absolutely necessary exports,
for executing its inspection laws; and the net
produce of all duties and imposts, laid by any
State on imports or exports, shall be for'the use of
the treasury of the Confederate States : and all
such laws shall be subject to the revision and con-'
trol of Congress.
3. No State shall, without the consent of' Con¬
gress. lay any duty on tonnage, except on sea-going tonnaga3 °D
vessels, for the improvement of its rivers and har¬
bors navigated by the said vessels ; but such
duties shall not conflict with any treaties of the
Confederate States with foreign nations ; and any
surplus revenue, thus derived, shall, after making
such improvement, be paid into the common trea- gtateg n
sury; nor.shall any State keep troops or ships of not keep
war in time of peace, enter into any agreement or tim^o'f
compact with another State, or with a foreign.peace-
power, or engage in war, unless actually invaded,
or in such imminent danger as will not admit of'
delay. But when any river divides or flows
through two or more States, they may enter into
compacts with each other to improve the naviga¬
tion thereof.
56
CONSTITUTION t)E ThE CONFEDERATE STATES.
ARTICLE II.
SECTION, I.—EXECUTIVE DEPARTMENT.
1. The executive power shall be vested in a
President of the Confederate States, of America.
He and the Vice President shall hold their offices
for the term of six years ; but the President
shall not be re-eligible. The President and Vice
President shall be elected as follows'?
2. Each State shall appoint, in .such manner as
President the Legislature thereof may direct, a number o'f
^owelect'd-" electors equal to the whole Dumber of Senators
and Representatives to which the State may be
entitled in the Congress ; but no Senator or Re¬
presentative, or person holding an office of trust
or profit under the Confederate States, shall be
appointed an elector.
' 3. The electors shall meet in their respective
Duties of States and vote by ballot for President and Vice
electors. President, one of whom at least, shall not bean
inhabitant of the" same State with themselves ; they
shall name, in their ballots the person voted for as
President, "and in distinct ballots the person voted
for as Yice President, and they shall'make distinct
lists of all persens voted for as President, and of
all persons toted for as "Vice President, and of the
Votes how Illl*n'3er v°fes" foT each, which list they shall sign
eounted. and certify, and transmit, sealed, to the seat of the
Government of the Confederate States, directed to
the President of the Senate. The President of the
Senate .shall, in the presence of the Senate and
House of Representatives, open all the certificates,
and the votes shall then be counted; the person
having the greatest number of votes for President
sliall be the President, if such number be a majority
of the Whole number of electors appointed and
if no Such person have such majority, then, frbm
President the persons having the highest numbers, not ex-
Bhoesent0by ceeding three, on the list of those voted for as
House. President, the House of Representatives shall
choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken
by States, the representation from each State hav¬
ing one vote ; a quorum, for this purpose shall
CONSTITUTION OP THE CONFEDERATE STATES.
57
coiisisfc of a member or members from two-thirds of
the States, and a majority of all the States shall,
be necessary to a choice. And if the House of vjoePre3i_
Representatives shall not choose a President, when- dent when
ever the right of. choice shall devolve upon them, president?9
before the fourth day of March next following,
then the Vice President shall act as President, as
in case of the death, or other constitutional disa¬
bility of the President.
4. The person having the greatest .number of Viee
votes as Vice President shall be the Vice President, sident how
if such number be a majovity of the whole number e eted'
of electors appointed; aud, if no person have a
majority, then, from the two highest numbers on
the list,'the Senate shall choose the Vice President;
aquorum for the purpose shall consist of two-thirds,
of the whole number of Senators, and a majority
of the whole number shall be necessary to achoice.
5. But no person constitutionally inelligible to Eligibility,
the office of President shall be eligible to that of t
Vice President of the Confederate States.
6. The Congress may determine the' time of. Election
choosing the electors, and the day on. which they fh«°cfnfe3!
shall give their votes ; which day shall be the same eracy.
throughout the Confederate States.
7.- No person except a natural born citizen of
the Confederate States, or a citizen thereof, at,the dency.
time of the adoption of this Constitution, or a
citizen thereof, born in the United States prior to
the 20th of December, 1860, shall'be eligible to
the office of Presidentneither shall any person
be eligible to that office who shall not have attained
the age of thirty-five years, and been fourteen years
a resident within the limits of the Confederate
States as they may exist at the time of his election. ci°sf Tacan-
8. In case of the removal of the President from
office, or of his death, resignation or inability to
discharge the powers and duties of the said Dffice,
the same shall devolve on the Vice President; and
the Congress may, by law, provide for the case of
removal, death, resignation,-or inability,. both of
the President and Vice President, declaring what
officer shall then act as President, and such officer
shall .act accordingly until the disability be removed
or a Pxesident shall be elected,
58
constitution op the confederate states.
9. The President shall' at stated times, receive
com pen, for his services a compensation,.which shall neither
President: be increased nor diminished during the period for
which he shall have been elected 'r and he shall not
receive within that period any other emolument
from the Confederate States, or of any of them,
oath to be before he enters on the execution of his
administer- office, he shall take the following oath or affi.rm.a-
ed" tion:
• "I do solemnly swear (or affirm) that I will
faithfully execute the office of President of the
Confederate States, and will, to the best of my
ability, preserve, protect and defend the constitu¬
tion thereof.
section «.
1.'The President shall be Commander-in-Chief
theTreVi- the army and navy of the Confederate States,
dent. and of,the militia of the several States, when
called into the actual service of the Confederate
States; he may require the opinion, in writing, of
the'principal officer in each of the Executive De¬
partments, and upon any subject relating to the
duties of their respective offices, and he shall have
power to grant reprives and pardons for offences
.against the Confederate States, except in cases of
impeachment. ,
2. He shall have power, by and with the advice
officers and consent of the Senate, to make treaties, pro
howappom- y^e(j tw0_tthrclg of the Senators present concur.;
and he shall nominate, and by and with the advice
and consent of the Senate, shall appoint ambassa¬
dors, other public ministers and consuls, Judges of
the Supreme Court, and all other officers of the
Confederate States, whose appointments are not
herein otherwise provided for, and which shall be
established by law ; but the Congress may, by law,
vest the appointment of such inferior officers, as
they think proper, in the President alone, in the
courts of law,1 or in the heads of departments, i
officers 3. The principal officer in each of the Executive
how remov-. Departments, and all persons connected with the
-e diplomatic service, may be removed at any time by
the President, or other appointing power, when
CONSTITUTION OF THE CONFEDERATE STATES.'
59
their services are unnecessary, or for dishonesty,*,
incapacity, inefficiency, misconduct, or neglect of
duty ; and when so removed, the removal shall be
reported to the Senate, together with the reasons
therefor. '
4. The President shall have power to fill all
vacancies that may happen during the receSs of the Vacancies
Senate,, by granting commissions which shall expire wmied.
at the. end of their next session; but no person
rejected by the Senate shall be reappointed to the
same office during their ensuing recess.
SECTION III.
1. The President shall, from time to time, gjve
'to the Congress information, of the state of the siJehnet £raey*
Confederacy, and recommend to their considera- £°n°7egSne
tion such measures as he shall judge necessary and
expedient J he may, on extraordinary occasions,
convene both Houses, or either of them ; and in
case of disagreement between them, with respect
to the time of adjournment, he may adjourn them
to Such a time as he shall think proper j he shall
receive ambassadors and other public ministers1;
he shall take care that the lawfe be laithfully exe¬
cuted, and-shall commission all the officers of the
Confederate States!.
SECTION IV.
1. The President, Vice President, and all .civil
officers of the Confederate States, shall be removed penalty for
from office on impeachment for, and conviction of, impeachm't
treason, bribery or other high crimes and misde¬
meanors.
ARTICLE III.
SECTION L—JUDICIAL DEPARTMENT.
1. The judicial power of the Confederate States
shall be vested in one Supreme Court, and in such ciaJhp0^uerg~
Inferior Courts as the Congress may from time to
time ordain and establish. The Judges, both of
the Supreme apd Inferior Courts, shall hold their
00 CONSTITUTION OP THE CONFEDERATE STATES.
offices during good behavior, and shall, at stated
times, receive for their services a compensation,
which shall not be diminished during their contin¬
uance in office.
SECTION II.
1. The judicial power shall extend to all cases
Extent of arising under this Constitution, the laws of the
Powerc 1 a 1 Confederate States, and treaties made or which
shall'be made under their authority ; to all cases
affecting ambassadors, other public ministers and
consuls ; to all cases of admirality and maritime
jurisdiction ; to controversies to which the Con¬
federate States shall be a party ; to .controversies
between two or more States ; between a State and
citizens of another State where the State is plain¬
tiff ; between citizens claiming lands under grants
of different States, and between a State and the
citizens thereof, and foreign States,-citizens or sub¬
jects ; but no State shall be sued by a citizen or
subject of any foreign State..
■The su- 2. In all cases affecting ambassadors, other pub-
preme ce'rt. uc ministers and consuls, and those in which a State
* shall be a party, the Supreme Court shall have
original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate
jurisdiction, both as to law and- fact, with such ex¬
ceptions, and under such regulations, as the Con¬
gress shall make. ..
Trial b crimes, except in cases of
Ji-ry.ia impeachment, shall be by jury, and such trial shall
be held in the State where the said crimes shall
have been committed ; but when not committed
within any State, the trial shall be at such place or
places as the Congress may by law have directed.
SECTION III.
penalty for 1* Treason against the Confederate States shall
treason. consist only in levying war against them, or -in
adhering to their enemies, giving them aid and
comfort. No penson shall be convicted of treason
unless on the testimony of two witnesses to the
same <?vert act, or on confession in. open court.
constitution of the confederate states.
61
•"2. The Congress shall have power to declare the
punishment of treason, but-no attainder of treason
shall work corruption of blood, or forfeiture, ex¬
cept during the life of the person attainted.
ARTICLE IV.
section i.—general provisions.
1. Full faith aiid credit shall be given in each
State to the public acts, records and judicial pro- b«ueea
ceedings of every other State ; and the Congress States>
may, by general laws, prescribe the. manner in
which such aots, records and proceedings shall be
proved, and the effect thereof.
section ii,
1. The citizens of each State shall be entitled to Ri ht of
all the piivileges and immunities of citizens in the property ik
several States, and shall have the right of tr ansit slaves-« .
and sojourn in any State of this Confederacy, with
'their slaves and other property ; and the right of
property in said slaves shall not be thereby impaired.
2. A person charged in any State with treason,
felony, or other crime against the laws of such Refugees
'State, who shall flee from justice, and be found in romjustlc®
another State, shall, on demand of the Executive
Authority of the State from which he fled, be de--
livered up, to' be removed to the Stare having
jurisdiction of the crime.
3. No slave, or olher person held to service or
labor in any State or Territory of the Confederate Fugitiva
' States, under the laws thereof, escaping or lawfully denVered
carried, in o another, shall, in consequence of any up-
law or regulation"therein, be discharged from such
service or lobor; but shall be delivered up' on
claim of the party to whom such slave be longs,^or,
to whom such service or labor may be due.
section iii.
1. Other States may be admitted into this Con-
federacy. by a vote of two-thirds of the whole House how »dmi£
of Representatives, and two-thirds of the Senate, ted-
62
CONSTITUTION OF THE CONFEDERATE STATES.
the Senate voting by States ; but no new State shfijl
be formed or erected within the jurisdiction of any
Other State; nor any State be termed by the junction
of two or more States, or parts of States, without'the
consent of the Legislatures of the States concerned,
as well as of the Congress.
2. The Congress shall have power to dispose of t
Property and make all needful rules and regulations concern-
rLe°stotes! property of the Confederate States, inclu¬
ding the lands thereof.
3. The Confederate States may acquire new
New terri- territory ; and Congress shall have power to legis-
quired°Wand *an(f provide governments for the inhabitants
governed, of all territory belonging to the Confederate States,
lying without the limits of the several States ; and
may permit them, at such times and in such manner
as it may by law provide, to form States to be ad¬
mitted into the Confederacy. In all such territory,
the institution of negro slavery, as it now exists in
the Confederate States, shall be recognized and
protected by Congress, and by the Territorial
protected Ui Government; and the inhabitants of the several
territories. Confederate States and Territories shall -have the
right to take to such Territory any slaves lawfully
held by them in any of the States or Territories of
the Confederate States.
4. The Confederate States shall guarantee to
Form of every State that now is, or hereafter may become,
fo/statesnt a mcmf,er °f fhis Confederacy, a republican form
of 'government, and shall protect each of them
against invasion, and, on application of the Legis¬
lature (or of the Executive, when the Legislature
is not in session,) against domestic violence.
ARTICLE Y.
I. Upon the demand of any three States, legally
assembled in their several Conventions, the Con¬
gress shall summon a Convention of all the States,
to take into consideration such amendments to the
Constitution as the said States feball concur in sug¬
gesting at the time when the said demand'is made;
and should any of the proposed amendments to the
.Constitution be agreed on,by the said Convention
—voting by States—and the same be ratified by
Constitu'ion
how amend¬
ed.
CONSTITUTION OF l^E CONFEDERATE STATES.
63
the Legislatures of two-thirds of the several States,
or by Convention in two-thirds thereof—as one or
the other mode of ratification may be proposed by
the general Contention—they shall thenceforward
form a part of this Constitution. But no State
shall, without its consent, be deprived of its equal
representation in the Senate.
ARTICLE VI.
1. The Government established by this Consti¬
tution is the successor of the Provisional'Govern- stolon *?s
meat of th'e Coniederate States of America, and ?ubcAs®?/
n i ii/ i ii • . to Pro vis-
all the laws passed by the latter shall continue m ionai oov-
force until the same shall be repealed or modified ;
and all the officers appointed by the- same shall
remain in office until their successors are appointed
and qualified, or the offices abolished.
2. All debts contracted and engagements entered
into before the adoption of this Constitution shall
be as valid agjynst the Confederate States, tinder
this Constitution as under the Provisional Govern¬
ment.
3. This Constitution and the laws of the Con¬
federate States, made in pursuance thereof, andajl
treaties made, or which shall be made, under the
authority of the Confederate States, shall be the
supreme law of the land ; and the Judges ir> every
State-shall be bound thereby, anything in the Con¬
stitution or laws of any -State to the contrary not¬
withstanding.
4. The Senators and Representatives before
mentioned, and the members'of the several State Quaimca
Legislatures and all executive and judicial officers,
both of the Confederate States and Jof the several •'
States, shall be bound by oafh o? affirmation to
support this Constitution ; but no religious test
shall ever bereqilired as a qualification to any office
or public trust under the Confederate States.
tf. Tfie enumeration in the Constitution of cer¬
tain rights shall not be construed to deny or
disparage others retained by the people of the
several States.
6. The-powers not delegated to the Confederate ^served
State? by the Constitution, nor prohibited by it to rights.
64
CONSTITUTION OF THB CONFEDERATE STATES.
the States, are reserved to the States respectively,
or to the people thereof.
ARTICLE VIL
1. The ratification of the Convention of five
howSratifi°d States shall be sufficient for the establishment of
this Constitution between the States so ratifying
•the same.
2: When five States shall have ratified this Con¬
stitution in the manner above specified, the Con¬
gress, under the Provisional Constitution, shall'
nent*Go£ prescribe the-time for holding the election of Pres-
howTsn' ident an(l Vice President; and, for the meeting of
izedandges- the Electoral College; and for counting the votes
taj»hshed. anc[ inaugurating the President. They shall also
prescribe the time lor holding the first election of
Members ,6f Congress under this Constitution, and,
the time for assembling the.same. Until the assem¬
bling of such -Congress, the Congress under £he
Provisional Constitution shall contyme to exercise
the legislative powers granted them—not extending
beyond the time limited by the Constitution of the
Provisional Government.
LAWS
of the
STATE OE MISSISSIPPI.
CHAPTER I.
AH" ACT to amend an act entitl ed " An act to revise and reduce
info one the Militia and Volunteer Laws of this State.
Section 1. Be it enacted by the legislature of
the State of Mississippi, That for the government
of the State troops now in active service, or that ±imy regu_
may hereafter be called into active service, under 1 * * i on s
the act to which' this is an amendment, the Army * op
Regulations and the Articles of War of the Con¬
federate States, and the act of Congress approved
October the 13th, A. D. 1862, entitled." an act to
relieve the array of disqualified, disabled and in¬
competent officers," are hereby adopted,, and the
Governor and Commanding General shall, by ap¬
propriate orders, adapt the same to the State
troops.
Sec. 2. Be it further enacted, That all officers
and soldiers of the State troops, while in active
service, under orders of the Governor, shall be en¬
titled to the same rations and clothing, and the
same commutations, as are allowed to officers of
the same rank and soldiers of the Confederate
States army.
Sec. 3. Be it further enacted, tThat the Gover¬
nor is hereby authorized to place the State troops,
5—L
66
laws of mississippi.
so organised and in service, under the command, of
the Confederate States Commander of the Depart¬
ment of which the S.tate of Mississippi may form
a part, for service within the State ; provided,
they shall not be transferred for a longer period
than that provided for in the act to' which this is
an amendment.
Sec. 4. Be it further enacted, That all persons
between the ages of eighteen and forty years, or
suCh other age as m&y be called for by the Con¬
federate Government as conscripts, now in the mili¬
tary service of the State, as officers, non-commis¬
sioned, officers and privates, whether in the militia
persons service or volunteer companies, who are not ex-
Lmpsofi™ empt from conscription' under the exemption act
struction. 0f Congress, nor excused from conscription by or¬
der of the Secretary of War, shall be discharged
from service by the commanding officers, and shall
be placed in the camps of instruction of their re¬
spective districts by said commanding officer. Any
officer failing to perform this duty shall be liable
to be court-martialed and fined, or otherwise pun¬
ished in the discretion of such court martial.
Sec. 5. Be it further enacted, That it shall be
the duty of- all officers in the military service of
the State to arrest and forward to their respective
Fines or commands all absentees without leave, and desert-
ers, belonging to the State or Confederate States
scripts. army, and deliver them to the nearest military
post, or to the nearest Provost Marshal; they shall ,
arrest all conscripts absent without leave and for¬
ward them to the camps of instruction. It shall be
the duty of all, civil officers in each county to
arrest and .confine such absentees and deserters, and
conscripts, on the requisition of the commanding
officer, and on failure to perform this duty such
military or civil officer shall be liable to indictment,
and on conviction shall be fined one hundred dollars
in each case.
,Sec. 6. Be it further enacted, That the com-
. panies of State troops now in the field may be
to bc^ned*. filled to the number required by the act to which
this is an amendment, by draft, as proyided for in
said act, from companies not in active service, and
all officers not in active service shall be liable to
such draft.
laws op mississippi.
67
Seo. 7. Be it further enacted, That all regular¬
ly established physicians, who have been engaged Exemption
in the practice of their profession for the past five
year3, all school-teachers who are and have been
regularly engaged in teaching twenty or more
scholars for the past two years, shall be .exempt
from service under this act, and the act to which
this is an amendment.
Sec. 8. Be it further enacted, That all pfficers Pay 0f 0fg-
who have heretofore, or shall hereafter be in active cers-
service, and whose pay is not specifically fixed by
statute of the State, shall be paid according, to.
rank.
"Sec. 9. Be it further enacted, That in all cases
in which companies now in the State service can- when^o'te
not be filled up to the required number by draft, £eafsollda'"
the Governor shall cause said companies to be con¬
solidated and reorganized in Such manner as the
Governor may prescribe.
Sec. 10., Be it further enacted, That all dis- Digchar es
charges heretofore granted upon certificates of revoked,
physicians, approved by the county surgeons, be.
and the same are hereby revoked , arid held for
naught.
Sec 11. Be ft iurther enacted, That the Major-
General, when in ac'ive service, shall be entitled gtaff of Ma
to the same staff with officers of the like rank in jor General
the service.of the Confederate States, and that the
law fixing the salary of the Major-General be, and
the same is hereby repealed.
Sec. 12. Beit further enacted, That all white
male persons above the age of eighteen years and
under the age of fifty years, residing temporarily
or permanently in this'State, and pot specially ex¬
empted by law, shall be liable to serve in the
militia of this State.
Sec. 13. Be it further enacted, That the Gov¬
ernor be, and he is hereby authorized to appoint Xhree regi-
three or more persons to raise from the militia, ™aevaj^y®o-
in such sections of the State as the Governor may be formed,
designate, three regiments of cavalry, which shall
be organized and elect their officers under the di¬
rection ol the MajAr-General\ and while in active
service shall be amenable to the commands Of the
Confederate States commander in this department.
LAWS OF MISSISSIPPI.
Sec. 14. Be it further enacted, That if -upon a
sufficient showing in writing, the Governor shall
believe that the public interest, or the safety of
any part of the people would be promoted by per-
ma.y°«xeuRe mitting any person, ordered or drafted into the
? s,,0Tfi service, to remain at home, he shall have power to
iro&jj ararc. . _ , , _ # A
excuse such person from ttie said service.
Sec. 15. Be it further enacted, That this act
shall take effect from and after its passage.
Approved, January 3, 1863.
CHAPTER II.
AN AO T bitter to provid.3 for the Families of our Soldiers.
Section 1. Be it enacted by the Legislature of
the State of Mississppi, That it shall be the 'duty
of the Boards of Police of the several counties in
Names of this State, to ascertain as soon as possible the
b«'a'sec«r° Ponies of all soldiers, whether volunteers or con-
taiaed- scripts, who have been op may be mustered into
the service of the Confederate States, from their
respective counties, 'whether such soldiers enlisted
in, or were, or shall be attached to any company
raised in such county, or elsewhere, within'or
without this State, with the names of the compa¬
nies to which they belong ; and also the names of
all persons belonging to the militia of the State,
who, at the time of making out the roll" hereinaf¬
ter provided for, shall be, or shall have been, in
the actual Service of the State in the field, with
the names or other designation of the companies
to which they belong or did belong ; and a roll of
such names and companies shall be made out by
the Clerks of the Board of Police, and recorded
r««£*ded.be in his office, and a copy thereof transmitted to the
Auditor of Public Accounts on or before the first
day of March next,
Sec. 2. Be it further enacted, That the sum of
Appropri*. ^ve hundred thousand dollars he, and the same is
tion. 1 hereby appropriated, payable out of the Treasury
Notes issued under the provisions of an act enti¬
ty " an act authorizing the issuance of Treasury
laws of mississippi.
69
Notes on behalf of the State," approved January
29, 1862, which sum the Auditor of Public' Ac¬
counts shall proceed, on and after the fifteenth
day of March next, to distribute among the sev¬
eral counties in proportion to the number of names
contained in the rolls to be returned as provided
in the first section of this act; provided, however,
that if no roll shall have been received from any
county at the time of making such distribution,
the Auditor shall make the distribution to such
county in proportion to the number of napies con¬
tained in the roll returned from such county in
pursuance of an act entitled " an act to create
funds for the support of destitute families ot vol¬
unteers 111 this (State, and for other purposes," apt
proved December lfitlp 1861) apd the share al¬
lotted to each county shall be paid over -to the
Ti ■easurer of such county when applied for, and
shall be used and applied by and under the orders
of the Boards of Police of such counties, to aid
and relieve the destitute families of soldiers, 'actu¬
ally in the service of the Confederate States or of
this State, and of soldiers who have died, or be¬
come disabled from wounds or disease, received or
contracted while so in' the actual service of the
Confederate States or of this State, and also of
destitute families wholly or in part dependent
upon any soldier, so in actual service, dead or dis¬
abled.
Sec. 3. Be it further enacted, That the Boards
of Police of the several counties shall appoint one
or more suitable persons, whose duty it shall be to
investigate and determine who are the proper
beneficiaries of the said fund, and to what extent, Fund, h«w
and to report the names of such families or per- ftPPhed-
sons to the said Boards, and to administer and ap¬
ply thejsaid fund to the aid and relief of such fam¬
ilies and persons, subject to such rules and regula-'
tions as the said Boards may prescribe ; an,d said
persons so appointed shall have power to pur¬
chase and distribute useful and necessary articles
for the use of such destitute families and persons
and the Clerks of said Boards of Police shall issue
warrants on the Treasurer, payable out of said
fund, on the written order of such persons, so ap-
7,0
laws of mississippi.
pointed to, administer the said fund, or a majority
of. them.
' Sec. 4. Be it further enacted, That a special tax
to be called the Military Relief Tax, of fifty per
cent upon the regular State tax of the present
fiscal year, and of each succeeding year, until oth¬
erwise provided, shall be levied and- collected by
Tax ta be the Tax Collectors of the several counties in the
collected, game manner and subject to all the laws, restric¬
tions and penalties that apply to and regulate the
collection and payment into the treasury of other
State taxes ; and the tax so collected shall consti¬
tute a fund for the aid and relief of the destitute
families and persons mentioned, and intended in
and by the second section of this act, and shall be
used and applied to that purpose, in the same man¬
ner as is provided in the third section of this act.
Sec. 5. Be it further enacted, That the Boards
of Police may continue, up to the time of the dis¬
tribution of the said Military Relief Tax, to fur¬
nish-to the Auditor additional rolls of soldiers
from their respective counties who may have been
previously overlooked, or who may have entered
the service of the Confederate States or of this
r&uimlybe State after the return of the former rolls, and may
furnished, continue to do so in every year while this act
shall be in force, and, it shall be the duty of the
Auditor, in every year, as soon as the time for the
payment of taxes into the treasury shall have ex¬
pired, to distribute the proceeds of said Relief Tax
among the several counties in proportion to the
number of names contained in the .said rolls at the
time of such distribution, and shall issue his war¬
rant for the share of each county in favor of the
Treasurer thereof, as soon as ascertained ; and if
more of the" tax shall be afterwards paid in, he
shall continue to 'make additional distributions
thereof until the whole shall be exhausted.
Sec. 6. Be it further enacted, That the Collec¬
tor of Taxes in each county, before he shall enter
a»drecli\el upon the collection of said tax, and the Treasurer
additional ever7 county before he shall receive any money
bonds. 'appropriated under this act, shall severally give
an additional bond, in the same manner and form
as now required by law, in a penalty sufficient to
LAlVS OP MISSISSIPPI*
71
cover the amount that may come to their hands by
virtue of this act, to be determined by the Judge
of Probate of the proper county : and if any Tax
Collector or Treasurer shall fail to give such bond
before the time when any portion of the money
appropriated by this act ought to come to his
hands, such officer shall forfeit his office, and the
same shall be declared vacant and an election or¬
dered to fill the same, in the same manner as pro¬
vided by law in the case of failure to give his offi¬
cial bond at tfye proper time.
Sec. 7. Be it further enacted, That in case the
amount of said fund to which any county may be
entitled, shall be greater than the amount neces- ho°7®rp1^
sary for the relief of the destitute families intended Prut^pro"
to be provided for, the Board of Polic'e of such
county may appropriate the overplus to the pur¬
chase of clothing and other necessaries"for the sol¬
diers furnished by such county, or to paying any
debt contracted by such County for military pur¬
poses.
Sec. 8. Be it further enacted, That the Tax Col¬
lector shall be allowed one and.one-half per cent,
commission for the collection of the said relief tax, ing r^iTef
and the Treasurer shall be allowed one per cent. tax"
on the amount that shall come to his hands lor all
his services in relation thereto. *
Sec. 9., Be it further enacted, That it shall be
the duty of the .County Treasurer to keep a sepa¬
rate, full and complete account and record of all
moneys received and disbursed by him on account
of the said relief fund provided by this act, with
the names of all persons who may receive relief
under the provisions thereof.
Sec. 10. Be it further enacted, That the act en¬
titled " an act to extend the powers and confirm
the acts of the Boards of County Police in certain
cases," approved the 2d day of August, 1862, be
and the same • shall remain and continue in full
force and effect.
Sec. 11. Be it further enacted, ^That the tax au¬
thorized by the first section of an act entitled " an
act to create a fund for the support of destitute
families of volunteers in this State, and for other
purposes," approved December 16, 1861, be and is
lawg op mississippi.
hereby abolished for £he future, and that none of
the provisions of the said act shall apply to the
mdney appropriated or the taxes collected by vir¬
tue of this act, and that this act shall take effect
from its passage,
Approved, January 3, 1863.
CHAPTER III.
AN ACT making certain appropriations thefeiy named.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the following sums
be allowed out of any money in the treasury not
otherwise appropriated :
Art. 1. To L. Julienne, for stationery furnished
the Legislature, the sum of ninety-five dollars and
seventy-five cents, say $95 75.
,, Art. 2. To W. W. Hardy, for work and labor
in Senate and Hall of House of Representatives,
the sum of forty dollars ($40) instead of the sum
of forty-two dollars and fifty cents, as asked for in
jhis account.
Art 3. To J. A. Horne, for the services of the
boy Jeffrey for twenty days, the sum of forty dol¬
lars (say $40,) and to our faithful negro man, Jef¬
frey, for his own use, the sum of fen dollars.
Art. 4. To Wm. Beaeham, for two guns deliv¬
ered to Capt. H. W. Martin, the sum of thirteen
dollars ($13.)
Art. 5. To Messrs. Cooper & Kimball (Missis¬
sippi an office) for public printing and Daily Mis-
sissippian, this session, the sum of three hundred
and twenty-nine dollars and eighty cents ($329 80.)
Art. 6. To James Daniel, for hire of boy A.
Reid for twenty day's services in attending the
House of Representatives, at two dollars per day,
the sum of forty dollars ($40.)
Art. 7. To- A. Yirden, for hire of boy Isaac
Hendrix for twenty day's services in attending the
■House of Representatives, at two dollars per day,
the sum of forty dollars ($40 ;) also,- the further
sum of three dollars for paste furnished this House.
LAWS OP MISSISSIPPI.
Sec. 2. Be it further enacted, That this act shall
"be sufficient authority for the payment of the re¬
spective sums of money hereinbefore specified ;
Provided, that the Auditor of Public Accounts
. shall be, and he is hereby required to take from the
persons, respectively, to whom appropriations are
herein made, a receipt in full to this date, for ser¬
vices and items stated in their respective claims,
and that this act take effect and be in force from
and after its passage.
Approved January 3,1863,
CHAPTER IY.
'AN1 ACT to increase the manufacture of arms,
Section 1. JBe it enacted by the Legislature of
the State of Mississippi, That the sum of twenty-
thousand dollars be and the same is hereby appro¬
priated out of the military fund, to be expended
under the direction of the Governor in tfie pur¬
chase of additional machinery and tools, and in¬
creasing and enlarging the State gun-shop now lo¬
cated at the town of Brandon.
Sec, 2. Be it further enacted, That said gun-shop
shall be governed by such rules and regulations as
the Governor shall prescribe therefor.
Sec-, 3. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved January 1,1863.
CHAPTER Y.
AN ACT to authorize persons who may hare sold arms to the
State to bo paid therefor.
Whereas, arms have been collected in the va¬
rious counties of this State, under an act entitled
" an act to provide for the collection of arms, ap¬
proved January 29, J862," and whereas, said arms
were re-valued by some officers not authorized by
law, and paid £pr according to such valuation,
therefore—
u
laws of mississippi.
Section' 1. Be it enacted by the Legislature of
the State of Mississippi, That all arms collected
from the citizens by the sheriffs of the several
Counties, under the provisions of said act, and val¬
ued byf the commissioners appointed under the sec¬
ond section thereof, shall be paid for as appraised
by said commissioners. And it shall be the duty
of the Chief of Ordnance forthwith to examine
all accounts for arms thus sold and received by the
State, and to approve the same as appraised by
said commissioners. And upon said approval be;
ing made, the Auditor of Public Accounts shall
issue his warrant upon the treasury in favor of the
sheriff of their' respective counties for the accounts
remaining due and unpaid.
Sec. 2. Be it further enacted, That this act shall
take effect .and be in force from and after its pas¬
sage. • •
A pproved January 1, 1863.
CHAPTER VI.
AN ACT to authorize the appointment of two Medical Com¬
missioners, to especially attend to the sick and wound'ed
soldiers frpm this State in the Confederate army,, and tar
other purposes. i
Section' 1. Be it enacted by the Legislature of
the State of Mississippi, That the Governor be,
and is hereby empowered and required to appoint
coinmis- two Medical Commissioners, whose duty it shall be
appointed.* ^ie various hospitals and camps of the
army of the Confederate States, and'to carefully
examine the condition of all sick and, wounded sol¬
diers from the State of Mississippi; to receive vol¬
untary donations of medicines, clothing, or other
articles for the use of such sick and wounded sol¬
diers, arid to see especially to the proper distribu¬
tion of such medicines and other articles ; and in
all' cases to afford to said soldiers all the care, aid
and assistance within their power, and from time
to time to report to the Governor fully their acts
and doings and everything connected with the ob¬
jects of their appointment.
LAWS OP MISSISSIPPI.
*75
Sec. 2. Be it further enacted, That upon the ap¬
pointment of said Commissioners the Governor
shall furnish each of them with proper evidence of Eridence of
their appointment, and also with letters of request appointme't
to the Surgeon General of the Confederate States,
and Medical Director of the army of Mississippi
and East Louisiana, to permit them to pass into the
camps and hospitals in which soldiers of this State
may be found, for the purpose of performing the
duties required of them, as specified in the first
section of this act.
. Sec. 3. Be it further enacted, That the Governor
shall have full power and control of said Commis- P°wer of
i r . ...I T. . taorernor
sioners, and may at any time withdraw or dismiss ow com-/
one or both of them, as he may deem right. He missloner-
shall also have power' to appoint their successors, in
case of removal, death or resignation.
Sec. 4. Be it further' enacted, That Said Comj
missioners shall receive an annual salary for their
services of twenty-five hundred ($2500) dollars Sal«ry-
each, payable quarterly out of the military fund.
Sec. 5. Beit further enacted, That the sum of
ten thousand ($10,000) dollars be appropriated out
of the military fund, to' be drawn subject to the
approval, of the Governor, on the order of said
Commissioners, or either of them, to be1 applied to
the purchase of medicine, clothing or othet articles
which in their judgment may be necessary to the «oPn?ropna*
speedy care and comfort of said sick and wounded
soldiers, when such medicine and comfort cannot
be furnished by the Confederate Government.
Sec. 6. Be it further enacted, That this act take
effect and be force from and after its passage/'
Approved January 1, 1863,
CHAPTER Ylt
AN ACT to provide for a guaranty by the State of Mississippi
of the Bonds of the Confederate States.
Whereas, The Confederate Government' is en¬
gaged in a war for the maintenance of the rights'
and independence of the several States, and it is
76
laws of mississippi
indispensable to the successful prosecution of the
same, that the financial credit of the Confederate
Government should be'upheld ; and, whereas, the
State of Mississippi has full confidence,in the sol¬
vency and credit of the Government of the Con¬
federate States, and is willing to guaranty the
same as fully as by the constitution the Legislature
has power to pledge the faith of the State; there¬
fore—
$ec. 1. Be it enacted by the Legislature of the
.State of Mississippi, That the. Governor of the
State, for 'the time being, be and he is hereby au¬
thorized and directed to endorse the guaranty of
the State upon the bonds of the Confederate States
Governor of America, upon tfye application of the Govern-
bends.d°rs* menf °f the said Confederate States, to an amount
equal to the proportional share of .the State of
Mississippi of the feum of two hundred millions of
dollars, in the ratio of the representation of said
State in the House of Representatives of the Con¬
federate Congress, thereby pledging the faith and
the, funds of the State for the payment of the prin¬
cipal of the said bonds and the interest to accrue
thereon: Provided, that such of the bonds as shall
be sold within the Confederate States shall be dis-
. posed of to the highest bidders ; *and provided fur¬
ther, that in the sale, either in this country or
abroad, of these, bonds, this State and the citizens
thereof shall have the right to purchase the bonds
under its guaranty in preference to all purchasers
at equal bids.
Sec. 2. Be it further enacted, That this law be
referred to the next succeeding Legislature, and
that it be published for three months previous to
the next regular election in three -newspapers of
Publication this State, to be designated by the Governor, and
to be made. ^ Qovernor pe directed to see that said pub¬
lication is made and report to the next succeeding
Legislature his action in the premises.
Approved January 3,1863,
laws of MISSISSIPPI.
CHAPTER YIII.
AN ACT t» tax unauthorized issues of paper money.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That if any person, with¬
out express authority of law, shall have issu^, or
may hereafter issue, any note, bill, card, or paper,
with intent to put the same in circulation as
change-notes or money, or permit to remain in cir¬
culation as change-notes or money, such person
shall pay a State tax of one hundred per cent,
upon the highest amount of such issue in , circula¬
tion at any time after the first day of March next,
said tax to be assessed and collected as other State
taxes : Provided, that this act shall not apply to
the issues of any county,-city or incorporate town.
Sec. 2.- Be it enacted, That it shall be the duty
of the Auditor .to forward a copy of this act to
the several assessors of taxes in the different coun¬
ties in this State.
Sec, 3. Be it enacted, That this act take effect'
from and after its passage.
Approved January 3, 1.863.
CHAPTER IX.
AN ACT to suspend for a limited time the collection of the tax
therein named.
Section 1. Be it enacted by the Legislature of
the State-of Mississippi, That thd collection of the
tax imposed, by the ordinance of the State Conven¬
tion, entitled 4i an ordinance to raise means for the
defense of the^ State," adopted January 26, 1861,
be and the same is hereby suspended until twelve
months after the close of the present war between
the Confederate States and the United States, and
that it shall not be lawful for the Tax Colleotors
of the several counties to collect the said tax until
twelve months after the close of the said war, and
that this act shall take effect from and after its
passage.
Approved January 3, 1863.
LAWS OF MISSISSIPPI.
Chapter x.
AN ACT to amend an act approved January 29th, 1862, t®
suspend for" a limited time certain parts of the Statute
Of Limitations.
SecifOn 1. Be it enacted by the Legislature of
the. State of Mississippi, That the fifty-seventh
chapter of th6 Revised Code of this State, entitled
" an act for the limitation of actions," and all oth¬
er acts and parts of acts limiting the time for the
commencement of any civil action or proceeding in
any court of this State, and all acts limiting the
time for probating and registering claims against
the estates of deceased persons, be and the same
are hereby suspended until twelve months after the
close of the present war, or until otherwise pro¬
vided by law.
Sec. 2. Be it further enacted, That the time al¬
lowedly law for the redemption of any land here-
tofore'sold for taxes of any kind, the time for fhe
redemption of which has not already expired, and
of any land hereafter to be sold for taxes of any
kind during the continuance of the present, war,
shall be and the" same hereby is extended until two
years after the close of the said war.
Sec. 3. Be it further enacted', That this act'sfiall
, take effect from and after its passage,
'Approved December 31st, 1862.
CHAPTER XI.
an act supplimentary to the act entitled 4< an aet to suspend
for a limited tima the collection of the tax therein named.
«•
Section I. Be it enacted by the Legislature of
the State of Mississippi, That the provisions of
the act to suspend for a limited time the collection
of the tax therein named, passed at the present
session, shall not apply to the collection of the
taxes imposed upon goods, wares and merchandise
sold by transient persons or venders, but that the
LAWS OP MISSISSIPPI.
79
collection of taxes froip such transient persons or
venders shall be collected in the manner and time
heretofore prescribed by law.
Sec. 2. Be it further enacted, That this abt shall
take effect from its passage.
Approved January 3, 1863.
CHAPTER XII...
AM ACT ia relation to the Penitentiary.
Section 1. Be it enacted by the Legislature of
the State Mississippi, That the Superintendent of
the Penitentiary be, and he is hereby authorized to
contract for and employ such additional labor in
the Penitentiary as he can make useful in the sev-
eral branches of manufacture conducted in that
establishment.
. Sec. 2. Be it further enacted, That article thir¬
ty-one, of chapter sixty-five, of Revised Code, is,
hereby repealed ; and that hereafter the pay of the
Gbard of the Penitentiary shall be as follows :
The Sergeant of the Guard shall receive seventy-
five dollars and the privates fifty dollars per
month, as the Inspectors shall agree, and • the In¬
spectors shall appoint one of the Guards • as • Door¬
keeper or Turnkey of the prison, at a salary of.
sixty dollars per month.
Sec. 3. Be it further enacted, That this act take
effect from its passage.
Approved December 29, 1862.
CHAPTER XIII.
AN ACT to procure salt for the indigent families of soldiers,
and for other purposes.
Section 1. Be it enacted by the Legislature of
the State of Mississippi* That the sum of five hun¬
dred thousaira dollars, or so much thereof as the Appropria.
Governor may deem necessary, be, and the same is hon.
hereby appropriated out of the military fund ere-
80 laws op mississippi.
ated by "an act entitled an act to authorize the
issuance of Treasury notes in behalf of the State,"
approved January 29th, 1862, for the purpose of
procuring salt for the 'people of this State, and
particularly for the indigent families of soldiers ;
and the Governor is authorized to appoint an
Governor to agent or agents, to obtain said salt by mining or
agents?1 n otherwise, in this State or elsewhere, and have the
same transported to such points in the State for
distribution and sale as he may designate, there to
be sold at its cost price to such persons as need
the same for their own use, under such regulations
as he may prescribe-: Provided, in all cases", that
the indigent families of. soldiers shall be first sup¬
plied, and in case labor and means of transporta¬
tion cannot be procured upon reasonable terms,
the Governor is authorized to impress such slaves
Governor and other personal property -as will, in his judg-
authorized metit, enable him to accomplish the purposes of this
to impress. . 7 rT,1 . , . f . r . ,
act. The agents under this act shall receive such
reasonable compensation out of said fund as the
Governor may see proper to allow.
Sec. 2. Be it further enacted, That no impress¬
ment shall be authorized of a,ny railroad or its
appurtenances, except where some one of the -sev-
KaUroads eral railroads in this State shall fail or refuse to
pressed.- furnish, upon the requisition of the Governor, suf¬
ficient transportation, not exceeding three cars
per day, for the transportation of salt, and a like
number, if in the opinion of the Governor neces¬
sary, for the transportation of grain.
Sec. 3. Be it further enacted, That the Gov¬
ernor shall cause to be kept an account of all salt
purchased by him, and all money expended under
be kept?9 to the provisions of this act, and shall also keep an
account of all sales of said salt, and shall report
the same to the next; session vf the Legislature,
and any portion of said sum appropriated in the
first section of this act, unexpended by the Gov¬
ernor, and the net proceeds of the sales of such
salt shall be deposited in the public treasury.
Sec. 4. Be it further euaoted, That the agents
Bonds of under this bill shall be required to gi»e bond in
agents. the penal snm of twenty thousand. dollars, if act¬
ing for the State, with security to be approved by
laws op mississippi.
the Governor4, whic)l bohd shall be filed in the
office of the Auditor of Public Accounts 5 and if'
an agent or agents shall be appointed for a county,
he or they shall be required to enter into bond in,
the penal sum of five thousand , dollars, with secu¬
rity to be approved by the President of the Board
of Police of the proper county, and said bond
shall be filed and recorded in the Probate Clerk's
'office of the proper county, and shall be condi¬
tioned that the agent will disburse the money,
fwhich may be by him received, according to law,
and faithfully discharge the duties of his office,, .
Sec. 5. Be it further enacted, That this act take
effect from its passage.
Approved January 1st, 1863.,
CHAPTER XIY.
AM" ACT to further provide fob the jaublic defense.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Governor be,
and he is hereby.authorized and empowered to
turn over to Captain Y. L. Terrell, for the use of
his command now in the Confederate service, two
Hughes' breech-loading guns, with harness, ammu¬
nition, etc., for the same, taking his receipt condi¬
tioned for the safe keeping and return of the same
after the close of the present war, or at the expi¬
ration of the term of service of said command.
Sec. 2. Be it further enacted, That the Govern¬
or shall also be empowered as above, to turn over
a suitable number of sabres and pistpls to arm the
gunners employed in the use of said guns, and tfiat
this act take effect from and after its passage.
Approved December 31, 1802.
CHAPTER XY.
AN AQT to authorize the impressment of slaves and other
personal property for military purposes.
Section 1. Be it enacted by the Legislature of
82
LAWS OF MISSISSIPPI.
the State of Mississippi, That to provide for the
public safety by aiding the military forces of this
State and of the Confederate States engaged in
-defending the same, to repel invasion and repress
insurrection, the Governor of this State be, and
m sfyve[m- he *s hereby invested with full authority to im¬
press si'v's, press all able-bodied male slaves between the ages
sTsTe'nce, of eighteen and fifty years, or so many thereof as
arm™, etfeam he may deem necessary, or as may be required by
boats', Ac. the military necessities or exigencies of the State,
or as may be called for or required by the military
commander of either the State or Confederate
forces therein, with the use of tools and imple¬
ments, wagons, teams and harness, which may be
necessary to render the labor of the slaves so im¬
pressed effective; also subsistence for the same ;
also timber cut and growing, and lumber, as well
as arms and ammunition and ordnance stores, and
subsistence for State troops actually in service ;
also steamboats and other water crafts; also steam
engines, cars and railroad transportation ; and
. such impressment shall be made by the Governor
upon his written order to any military commander,
or such other person as he may ergpower to make
the same ; but no properly exempt from execution
or distress by the laws of this State, except slaves,
shall< be impressed under the provisions of this
act; Provided, however, that no railroad, steam-
engines, cars or railroad transportation shall be
impressed until the Governor shall have given no¬
tice in writing to the Company of the amount and
character of the transportation required, and the
purpose for which and time when such transporta¬
tion shall be required, and such company shall
have refused or failed to furnish the same in a rea¬
sonable time; and that, in the impressment of
slaves, the owner, agent or overseer, or person in
possession, shall first be notified in writing*of the
number and description of slaves required, the
purpose for which, and the place where they are to
be employed, and the probable time^ their services
may be required ; and that, in the impressment of
subsistence, it shall not be lawful to take from any
family, plantation or company any provisions that
may be mecessary.for the use or support of Such
laws op mississippi.
83
Family, plantation or the persons in the employ of
such company for the space of six months. And
provided further, that it sliall not be lawful for
' the Governor to make any impressment under this
act without the concurrence and approbation, ex¬
pressed in writing, of the commander of the Con¬
federate forces in the department. •
Sec. 2. Be it further enacted, That the owners
of all slaves impressed into the military service
' under tha foregoing section, shall be entitled to
the same pay, rations, clothing or commutation
thlrefor, for each of them, as privates in the mili- Biaves-y °
tary service of this Sthte, the said pay to be made
monthly, in advance, by warrant on the State
Treasury, upon the requisition of the Governor to
the Auditor, founded upon the return by the ^>arty
making the impressment; but if the owner or
owners of such slaves so impressed shall refuse to
receive such compensation, then the party making*
the impressment shall act as arbitrator in behalf
of the State, and the owner shall select a disinter¬
ested party to act as arbitrator in his behalf, and
they to select an umpire in case of disagreement,
who shall proceed to assess the monthly-value of'
the service of the slave or slaves so impressed, and
the award shall be final.
Sec. 3. Be it further enacted, That for all per¬
sonal property, other than slaves, impressed under
the provisions of this act, the party making such
impressment shall assess a just compensation for
the monthly value of the same, when the use or
service alone is imp'ressed ; but when the property
is absolutely taken, he shall assess the just valua¬
tion of the same, and pay the same as heretofore
provided; but if the owner or owners- of such
property shall refuse < to receive the said assessed pay pre_
value as compensation for the same, then the value perty im-
of the same shall be settled by arbitration in the pressed-
manner provided for in the foregoing section in
the case of slaves, and the amount so found due to
the owner or owners shall be paid by the Governor
in tho manner provided for in the first section ■
hereof in the case of slaves.
Sec. 4. Be it further enacted, That the party
making said impressment under the order ot the
84
laws op mississippi.
Governor, as hereinbefore provided, shall, as soon
as the same is'made, make to the Governor a de¬
tailed report of the same, showing the number and
description of the slaves and other property by
him impressed, together with the names of the
owners thereof, and the amounts' severally due to
each of -them, and also of such property as may be
taken absolutely, and at the time of the impress¬
ment shall give to the owner of such property a
receipt or vjpitten statement containing the same
particulars required to be embraced in said report,
and an order on the Governor for the amount dtfe,
and the Governor, upon receipt of such order
Pay, how showing the same, shall issue his requisition upon
drawn. the Auditor, who shall issue his warrant ii\ favor
of tho owner or owners, for the amount due him,
her or them ; and for all property, the service of
whiph has been impressed, the Governor shall* in
like manner, issue his requisition in favor of the
owner or owners for one month's pay in advance,
and shall continue1 to issue such requisitions month¬
ly. in a^ance, so long as said slaves or other prop¬
erty shall be retained in service under this act.
Sec. 5. Be it further enacted, That the Governor
is hereby authorized and directed to furnish, to be
used*in this State, to the commander or command¬
ers of the Confederate forces within this State, on
such terms as may be mutually agreed upon be-,
tween.them, such an amount of slaves or other per¬
sonal property, to be impressed under the provi¬
sions of this act, as in. their opinion may be neces¬
sary or can be advantageously employed in giving
greater efficiency to the operations of said forces.
Sec. 6. Be it further enacted, That in all cases
of impressment of slaves under this act, the owner
or owners of every thirty slaves impressed may se-
how7select- lect a white man to attend on such slaves, to per-
ed- form such duties connected with their labor, po¬
lice, security, comfort and health as the Gov-,
ernor may direct, who shall receive two dollars for
each day's service.
Sec. 7.' Be it further enacted, That if any per¬
son or persons, or their agents, fail or refuse to
comply with the order of any party or agent au¬
thorized by the Governor to impress slaves or oth-
laws of mississippi.
85
or personal property under this act, it shall he the when posse
duty of the sheriff of the proper county, or his to° be1 sum-
deputy in his absence, on the demand of such moiied-
agent, to summon an armed posse comitatus from
the male residents of said county, and proceed to
the plantation of such person and seize and take
possession of double the number or quantity of
property so demanded for impressment and deliver
the same to said agent, at such place as said agCnt
may demand, not out of the county aforesaid."
Syc. 3. Be it farther enacted, That any person-
in charge Or possession of slaves or other property
subject to impressment undei1 this act, who shall
resist any officer or agent of ,the Governor im- Penalty for
•pressing said slaves or other property, or who shall denlerSpro-
fail or refuse to deliver the same, on demand, to im~
such officer or agent, or who shall remove or con¬
ceal the same with intent to avoid impressment,
shall be guilty of a misdemeanor, and on convic¬
tion thereof shall be fined not less than three hun¬
dred dollars and imprisoned not less than three
months, and it is hereby made the duty of the offi¬
cer or agent to return such person or persons to
the Clerk of the C'irfiuij; Court of the county in
which the offense has been committed, whose duty
it shall be to report thp same for prosecution to
the District Attorney, before the adjournment of
the grand jury ; and all fines imposed under this
act shall be added to the fund for the support of
indigent families of soldiers in the .county.
Sec. 9. Bo it further enacted, That if any sheriff
.or deputy sheriff fails or refuses to comply with the
provisions of the seventh section hereof, or if any
person summoned by him to act' as a member of
such posse comitatus, shall fail or refuse *so to do,
unless prevented by sickness or some other suffi¬
cient excuse, such sheriff and such person shall be ^nes and
liable to indictment, and on conviction shall be £r® ™ J^cae*
fined not less than one hundred dollars and im¬
prisoned not less than one month, at the discretion
of the judge ; and in case of such conviction of
such sheriff he shall forthwith be removed from
office.
Sec. 10. Be it further enacted, That all impress¬
ments of slaves made under this act shall be made
86
law-s of mississippi.
as equally as tlie same can with reasonable conve¬
nience be made.
Sec. 11. Be it further enacted, That the Gover¬
nor shall prescribe rules and regulations, which
shall be observed by all military commanders and
other persons having charge of slaves hereby im-
oteerred.be pressed for the employment of suitable overseers
or managers for the same, and also for the neces¬
sary care, protection, health, medical treatment
and return of said slaves.
Sec. 12. Be it further enacted, That if any slave
impressed under.this act shall die or become per¬
manently disabled by reason of neglect' or want of
proper attention 0£ care on the part of any of the
staves when agents or officers of the Government of the State4
dYsabfed to or the Confederate States, or shall be killed, dis-
be paid for. or taken by the enemy, the owner of such
slave shall be entitled to be paid all damage sus¬
tained thereby out of the State Treasury, and it
shall be the duty of the Governor, on application
gf the "owner, agent, overseer, manager or person
having possession of such slave, to appoint one suit¬
able -person as arbitrator on behalf of the State
■ and such owner, agent, overseer, manager or other
person shall appoint an arbitrator on the part of
sucli owner, who shall proceed, under oath, to as¬
certain the value of such slave or other damage
sustained by such owner,'with power-to appoint
an umpire in case of disagreement, and the awafd
6f a majority of them, made in writing, shall be
filed in the Auditor's office, and the Auditor shall
issue .his warrant for the amount of such award,,
whenever the Legislature shall have made-an ap¬
propriation for that purpose.
Sec. IB. Be it further enacted, That this act
take effect and be in force from and after its pas¬
sage, and continue in force for and during the con¬
tinuance of the present war.
Approved, January B, 1863.
law3 of mississippi.
87
CHAPTER XVI.
AH ACT to aid in strengthpning the Army of the Confederate
States.
Sec. 2. Be it further enacted, That it shall be
the duty of the sheriff of every county in this State,,
by himself or his deputies, diligently to inquire into
the number of persons permanently or temporarily Duty of
residing in.his county, subject to the Conscription enro!faeon-
Laws of the Confederate Congress, and within the scripts,
ages called for by the Confederate military author¬
ities, without being entitled to any exemption under
the Exemption Act of said Congress. All such
conscripts he shall enroll, transmit their najmes
and require them forthwith to report for military
service to the proper Confederate officer ; and he
may, and shall have authority, if necessary, ■ to
arrest such persons, and to adopt the measures he
may deem needful tq ensure the execution of his
orders, and the delivery of such conscripts to the
proper Confederate officer or camp of instructipn.
Sec. 3. Be it further enacted, That it shall'also
be the duty of said, Sheriff to arrest every strag¬
gler, deserter or other absentee, without leave
from the Confederate army, who may at any time
<jpe foutid remaining in, or passing through his
county ; "and he shall, in all cases, be vigilant &nd
active in their detection, pursuit and Capture, He
shall examine leaves of absence and furloughs of <
officers and men belonging to the Conlederate afresiffd£
forces who may be in his county, and require serter9> &c-
their rqturn to duty on or after the expiration of
. the same. He shall have authority to demand and
inspect the papers of any person belonging to the
army who may be in his county at any time, and
in case of the refusal,'failure or inability of such
person to exhibit satisfactory papers, accouhting
for his absence from duty, the Said Sheriff shall
immediately arrest such absentee, and have him re¬
ported to his proper commander ; and as soon
as may be, delivered to his order, or to the officer
in command of the nearest military post of Con-
. federate troops.
Sec. 4. Be it further enacted, That in the ex-
,88
laws op mississippi.
sheriff may eqution of the duties of his office and the enforee-
rtracers.11 ment of the authority' with which he is hereby in-
Tested, the said Sheriff may, if necessary, imprison
stragglers and deserters from the army in the jail
of his county, and may employ agents and guards
when requisite to keep or deliver any of his
prisoners, as hereinbefore directed—and in such
cases he shall be allowed his proper expenses, for
which it shall be the duty of the Governor to
make requisition upon the Auditor, who shall issue
his warrant therefor upon the Treasurer of the
State.
Sec. 5. Be it further enacted, And in case of
neglect or failure by any Sheriff, in any particular,
Fmes' to perform his duty, shall be liable to indictment,
and, on conviction, shall be fined not less than one
hundred nor more than One thousand dollars, and
be imprisoned not more than two months, at the
discretion of the Court.
Sec, 6. Be it further enacted, That each of said
Sheriffs shall,, in his county, be authorised to call
for any assistance to ihe extent of the po-sse comi-
tatus of the same, whenever necessary for the exe¬
cution of the duties hereby imposed ; and if any
tefusing fto party thus summoned by hita fail or refuse to ren-
aidthe she- (jer the required aid, such person shall be subject
to thq samp penalties declared by law in cases
refusal to respond.to the lawful summons of a Sher¬
iff in the forcible execution of his office. If re¬
sisted, any of said Sheriffs will, when necessary,
call upon the nearest military commander, and re¬
quest the aid of a detachment of troops sufficient
for the enforcement of-his authority in his county
under this act.
. Sec. 7. Be it further enacted, That it shall be
Dut the duty of the Clerks of the Circuit and Probate
cieAs, Courts, the Probate Judge, members of the Board
loadr§s of of Police, Justices of the Peace and Constables in
tiges6' con- each county to give prompt information to the
stabi'es, &c. Sheriffs thereof of any conscripts, stragglers or de¬
serters from the army, to aid him at all times in
the execution of his office, and, in his absence,
any of said civil officers shall arrest such con¬
scripts, stragglers or deserters as may fie found inf
his county, and deliver such prisoners to said sher-
laws op mississippi.
89
iff, or to the proper Confederate authority,—and
for this purpose any of said civil officers shall have
power to command the posse comitatus of his
county. If any of said county officers shall neg¬
lect or fail in the execution of the duty hereby
enjoined, he shall be subject to indictment, and,
upon conviction, shall forfeit his office, and may
be further fined or imprisoned at the discretion of
the Court. Said civil officers shall be allowed by
the Govcrner reimbursements of his reasonable ex¬
penses iu obeying the requirements of this act.
Sec. 8. Be it further enacted, That every Sher¬
iff shall take the receipt of the proper officer of
the Confederate Government for every conscript,
deserter, straggler or absentee without leave, whom Fee fer ar
he may arrest and deliver to such officer, and shall de-
be entitled to five dollars for every such person de- ser ers' c'
livered by him to such Confederate officer—and
the Auditor shall issue his warrant therefor, on the
production of such receipt ; -and such Sheriff shall
also be entitled to receive from the State Treasury
the actual expenses incurred by him in the arrest
and delivery of-such conscripts, stragglersj.desert-
ers or absentees without leave, for which the Au¬
ditor shall issue his warrant, on the production to
him of a detailed account of said expenses, sworn
to by the Sheriff or Deputy Sheriff, by whom the
said expenses were incurred.
Sec. 9. Be it further enacted, That this act shall
take effect and be in force from and after its pas¬
sage.
Approved Jan. 3, 1863.
CHAPTER XYII.
AN ACT to authorize the removal of the Judicial and other
public records of counties and for other purposes.
"Whereas, By reason of the invasion of the State
of Mississippi by the armed forces of the United
States, the Judicial and other public records of
the several courts of said State in many of the
counties of the same are liable to be destroyed by
the said public enemies thereof:
90
laws op mississippi.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the' Clerks of the
Circuit and Probate Courts and of the Boards of
public re P°^ce an(^ ^he Jnstices of the Peace in the several
cords to be counties of. said State, when the approach of the
removed, public enemy is imminent or may be reasonably ap¬
prehended, shall have power, and are hereby
required in addition to their other public duties, to
provide for and remove the said public records to
someplace of safety within the county if practicable,
bat if not, then to the most convenient place ol
safety,' having regard to the transaction of the
public business of said county, and the said Clerks
.shall safely keep the said records and return the
same to the proper office when required by the
Judges of said Courts or by the Boards of Police
•who shall exercise their supervisory care over said
records as heretofore^
Sec. 2. Be it further enacted, That during the
present war when in the opinion of any Court of
, this State it shall be unsafe or impracticable to
hofdin0! hold said Court at the place now appointed by
court. law, said Court may appoint some convenient place
for the holding of said Court within the proper
county, upon' reasonable public notice to be given
of the. same} or may omit the holding of said
Court by an official notice to that effect.
Sec. 3. Be it further enacted, That said Clerks
in the event of such removal, shall be entitled to
Comperisa- such compensation therefor as shall be allowed
tionof ci'ka. tbem by the Boards of Police of the proper county,
payable out of the County Treasury.
Sec. 4. Be it further enacted, That the removal
of the public records of aoy county previous to
o/Vacorda -^e passage of this act, on the approach of danger
legalized, or the reasonable apprehension of danger to such
records from the cause above mentioned, is hereby
approved and legalized as if such removal had
been authorized by an existing law at the time of
such removal, and that this act take effect and be
in force from and after its passage.
Approved December 31st, 1862.
LAWS OF MISSISSIPPI.
91
CHAPTER XTIIT.
AM ACT in relation to Executors, Administrators and Guardians,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That executors, adminis¬
trators and guardians, be and they are hereby
aitthomed temporarily to remove from this State Removal of
the property of the estates under their control. property-
whenever the approach of the enemy may render
such removal expedient or necessary; Provided,
the Probate Judge of the county where such ad¬
ministration Or guardianship is pending, shall
approve such removal, which approval shajl be
afterwards entered on the minutes of the Court by1
direction of the Judge ; And providedfurther, that
the sureties of such administrator, executor, or
guardian, shall first give their consent in writing,
attested by a credible witness, and endorsed on or
filed with the bond of such executor, administrator
or guardian, to such removal, or in case such
cOnsent cannot conveniently be obtained, that
such executor, administrator or guardian,' shall
first enter into bdnd in a penalty equal to
the full yalue -of the property proposed to be
removed, with good sureties, to be approved by the
Judge granting such order, which bond shall be
conditioned in the form, or to the effect following,
to-wit: " Whereas, the above bound Bond
(executor, administrator, or guardian, of ,
as the case may be,) has obtained the order of the
Probate Court (or Judge) of the county of —
for the temporary removal from the State of. the
personal property in his hands as (executor admin¬
istrator or guardian,) as aforesaid. Therefore,
the condition of this obligation is such, that if the
aboye bound (executor, administrator or
guardian,) as aforesaid, shall faithfully, truly and
promptly perform and discharge all the duties
required of him by law, or by the order of the
Court, then this obligation to be void,- otherwise
to remain in force," which bond shall be filed and
recorded in the said Court.
Sec. 2. Be it further enacted, That said appro-
92
* laws op mississippi.
yal shall be granted in term time or in vacation
upon a proper showing by said executors, admin¬
istrators and guardians, that it is absolutely neces¬
sary to remove said property.
Sec. 3. Be it further enacted, That any receiver
appointed by any Court or Judge, be and heis hereby
' authorized, to temporarily remove from this State,
Receiver to or to any other part of the State, the property in
perty!epr°* his charge, whenever the approach' of the enemy
renders such removal necessary or expedient;
Provided, any Judge of the High Court of Errors
and Appeals, or any Circuit Judge, shall approve
such removal, in writing, which approval shall be
afterwards entered on the minutes of the court
having jurisdiction of the cause in which said
Receiver has been appointed, such Receiver giving
bond, or procuring the assent of his sureties ag
, herein provided in the case of executors, adminis¬
trators and guardians.
Sec. 4. Be it further enacted, That it shall be>
the duty of any executor, administrator, guardian
or receiver, obtaining any such order of removal
promptly to report to the court, under oath, the
place to which the said property shall have been
removed, and the disposition made thereof, and to
account to the said court, for the,use, proceeds and
profits of the same; and to return the said property
to this State, whenever ordered by the court so to
do ; and the sureties on his original bond who may
have consented to such removal, as well as the
sureties on such new bond, if given, shall be bound
and liable in case of any failure to comply with
the provisions of this act.
Sec. 5. Be it further enacted, That this act shall
take effect and be in force from and after its
passage.
Approved January 3, 1863.
CHAPTER XIX.
AN ACT further to amend an act entitled " An act to incor¬
porate the town of Canton, and to repeal all former acta
incorporating thet game."
Section 1. Be it enacted by the Legislature of
laws op mississippi,
the Stat? of Mississippi,- That whenever a vacancy
shall occur, or shall have occurred, in the Board
of Selectmen of the city of Canton, so that there
shall not be a sufficient number of said Selectmen
to constitute a quorum, for three successive meet¬
ings of the Mayor and Selectmen of Said city,
either regular or called by said Mayor, the said
Mayor shall be and is hereby empowered to order
an election to fill the vacancy in' said Board
occasioned by the absence of the members so ab¬
sent or failing to attend, or who may have resigned;
which election shall be held, in the manner and
upon the terms provided in the 5 th section of the
aforesaid act of incorporation in relation to vacan¬
cies in said office by death, resignation • or other-
wbe.
Sec. 2. Be it further enacted, That until there
be a sufficient number of said Selectmen attending
to constitute a quorum at any of the meetings of
said Board referred to in the preceding section
hereof, the Mayor shall have power to appoint
patrols in and for said city.
Sec. 3. Be it further enacted, That all parts of
the original Charter and amendments thereto of
said city, inconsistent with the provisions hereo:,
be and the same are hereby repealed.
Sec. 4. Be it further enacted, That tlys act
shall be in force from and after its passage.
Approved December 23, 18G2,
CHAPTER XX.
AN ACT for the relief of certain public officers.
Section* 1. Be it enacted by the Legislature of
the State of Mississippi, That all county officers
•elected at the last general election in any county
now occupied wholly or in part by the public ene¬
my, may, at any time within ninety days after the
passage of this act, qualify and give bond before
any person in the said county authorized by law to
administer oaths, and such bonds if approved by
such officers, in the manneyrequired by law within
laws of mississippi.
the time aforesaid, shall be as valid as if given oh
or before the day of the commencement of the term
of office, and such office shall not be vacated by
the failure to give such bond*at. the time and in
the manner now required by law; and this act
sliall take effect from its passage.
Approved December 31,. 1862.
CHAPTER XXI.
AN ACT to legalize the assessment in the counties of Yazoo,
Lawrence and Carroll. "
"Whereas-, A. B. Johnson, Tax Assessor of Yazoo
county, is and was during the year 1862, an officer
in the Confederate states Army,, and in conse¬
quence thereof could not attend in person to the
duties of his office, and his deputy,*in consequence
of extreme bad health, could not complete said
assessment; and whereas, a competent person
could not be procured in timp to complete and file
said assessment within the time prescribed by law,
but said assessment was completed and filed on
the day of November, A. D. 1862. There¬
fore,
SEcflON 1, Be it enacted by the Legislature of
the State of Mississippi,' That said assessment and
the filing thereof, be and the same is hereby made
legal and valid.
Sec. 2» Be it further enacted, The provisions of
this act apply to the county of Lawrence for the
year 1862, and to the county of Carroll for the
years 1861 and 1862.
Sec. 3. Be.further enacted, That this act take
v effect and be in force from and after its passage.
Approved December 31, 1862.
LAWS OF MISSISSIPPI.
CHAPTER XXII.
AN ACT for the relief of Thomas M. Rae, Assignee of James
B. Wigginton.
Section 1. Be it enacted by' the Legislature of
the State of Mississippi, That the second section
of the act Of the Legislature of the State of Mis¬
sissippi, approved December 3d, 1S58, entitled "An
act to authorize James B, Wigginton to establish
and keep a ferry across the Mississippi river at
Rodney," be so amended as to authorize Thomas
M. Rae, the assignee of said James B. Wigginton,
to keep and carry on said ferry with a competent,
number of flatboats and skiffs, for the transporta¬
tion of pas»engers, animals and freight, across said
river at Rodney, instead of a boat propelled by
steam or horse power ; and that this, authorization
and relief, shall continue during the period of the
present war, and for four months thereafter.
Sec. 2. Be it further enacted, That all the
privileges conferred by the above relief act upon
said James B. Wigginton and his assigns, be con¬
firmed to .said Thomas M. Rae, assignee of said
Wigginton, and to the assigns of said Rae, notwith¬
standing his failure to keep on ferry a boat pro¬
pelled by steam or horse power.
Sec. 3. Be it further enacted, That this act
shall be deemed a public act and slrall take effect
and be in force from and after its passage.'
Approved December 23,1803,
CHAPTER XXIII.
AN ACT to prohibit the distillation of spirits from grain, molas¬
ses or sugar,
Seotiqn 1. Be it enacted by the Legislature of
the*State of Mississippi, That it shall not pe lawful
for any person to distill any spirituous liquor from
corn, rye, or other grain, sugar or molasses, or to
purchase or knowingly sell any corn, rye or other
grain, sugar or molasses, for the purpose of being
used in the distillation of spirituous liquor, and
laws op mississippi.
any person offending against the provisions of this
act shall be liable to indictment and on conviction
shall be fined not exceeding five thousand dollars
and imprisoned in the county jail not exceeding six
months.
Seo. 2. Be it further enacted, That this act shall
take effect from and after the tenth day of January,
1863.
Approved, January 3, 1863t
CHAPTER XXIV.
AN ACT for the relief Captain Henry Jamison, of Attala
County.
, 'Whereas, It appears by the certificate of the
Auditor of Public Accounts that on the 16th of
September, 1861, thesaid Auditor issued a warrant
on the Treasury amounting to six hundred and
thirty dollars in fayor of Captain Henry Jamison,
on account of militia department, which warrant
was numbered 638 ; and whereas, it appears by
the certificate of State Treasurer, that said war¬
rant has never been paid ; and whereas, it appears
by the affidavit of the said Jamison, that on the
6th day of February, 1862, in their retreat from
Fort Henry, in the State of Tennessee, said war¬
rant was lost; therefore,
Section ,1. Be it enacted by the Legislature of
the State of Mississippi, That the Auditor of
Public Accounts is hereby authorized and required
to issue his duplicate warrant on the Treasury in
favor of Capt. Henry Jamison for the sum of six
.hundred and thirty dollars, in lieu of a warrant
numbered 638, issued on the 16th day of September,
1861, for like amount in favor of said Jamison,
and that this act take effect from its passage.
Approved, December 31, 1862.
LAWS op mississippi.
CHAPTER XXV.
PREAMBLE and Resolutions explanatoiy of the reasons in¬
ducing the Legislature to suspetnl for a limited time the
collection of the military tax imposed by ordinance of the
Convention.
Whereas, on the 26th day of January, A. D.
1861, the Convention of the State of Mississippi,
by an ordinance entitled " an , ordinance to raise
means for the defense of the State," directed a loan
of money to be effected to the extent of OnC mil¬
lion of dollars, for which' certificates and notes
were to be issued payable i# one,-two and three
years, equal amounts each year, for the redemption
of which the faith of the State was by said ordi¬
nance pledged ; and whereas, it was further pro¬
vided by said ordinance that the said, loan of
money should be secured by =a special tax of fifty
per Cent. upon the regular State tax, to be col¬
lected by the several tax collectors in the State in
the mode pointed out in .said ordinance; and
whereas, it was further1 provided by the seventh
section of said ordinance that the tax imposed
thereby should " be irrepealable by the Legislature
until such certificates and notes should be fully
paid and satisfied and whereas, by the ordinance
of the same Convention, of the thirtieth of March,
1861, entitled " an-ordinance to define the powCr
of the Legislature of this State in relation to the
ordinances and resolutions adopted by this Con¬
vention, power was given to tfie Legislature to re¬
peal or modify any part or the whole of the ordb
•nance of January the 26th, A. P. 1861, except the
single clause declaring the tax to be irrepealable 5
and whereas, an the present Condition of the State
of Mississippi, involved m war, a large part of the
northern portion of the State being in, the posses¬
sion of the enemy, nearly all of our western bor¬
der beleaguered by their armies and fleets, threat¬
ened with invasion on the east, and our territory
already occupied on the southern border, with two-
thirds of the cotton crops of the State destroyed
Tinder the authority of the Confederate Govern¬
ment, and gold and silver driven from the country
7—L
LAWS OP MISSISSIPPI.
by reason of the blockade of our ports*, and the
prevalence of the war throughout the Confeder¬
acy, it is & physical impossibility to collect this tax
in gold and silver; and whereas, neither the Uni¬
ted States nor the Confederate States of America,
nor any State. ,nor any institution, public or pri¬
vate, on this continent, known to this Legislature,
are redeeming their obligations in specie ; and
whereas, no nation, to meet its admitted' obliga¬
tion, is bound upon principles of public and na¬
tional law to ruin or destroy its people ; and
whereas,, it is the deliberate opinion of the Legis¬
lature that, under th%ordinances referred to, this
Legislature has the unquestionable power, in good
faith, to postpone the collection of said tax with¬
out in the slightest degree interfering with the levy
of the tax itself, and it is both its right and duty
to'do so, aS the trustee and representative both of
the creditor and debtor's interest ; and whereas,
it is the sincerq purpose of this Legislature, so far
as it lies in its power, to secure to the creditor the
sure payment of his debt and interest, with every
guarantee provided by the ordinance of the Con¬
vention preserved intact, and at the same time to
rescue the debtor and the country from ruin, and
in accordance with these views passed at the pres¬
ent session an act to suspend for a limited time the
tax aforesaid j therefore,
Resolved by the Legislature of the State of Mis¬
sissippi, That in passing the act at the present ses¬
sion to suspend for a limited time the collection of
the tax imposed by said ordinance, it was not the
.purpose or intention of the Legislature" to do any
act to impair the validity or to cast a doubt upon
the legal obligation of the State to pay said notes
and certificates, (an obligation which this Legisla¬
ture recognizes to its full extent,) but on the con¬
trary. in good faith to preserve and secure the
rights of creditors and to provide for the certain
and ultimate payment of the same, and at the same
time to protect the people of the State from a ru¬
inous and w'anton sacrifice of property in the pres¬
ent extraordinary and wholly unanticipated exi¬
gencies in which the entire country is placed.
laws of mississippi*
Resolved, That this preamble and resolution be
published with the act referred to, explanatory of
the reasons and purposes inducing this Legislature
to pass said act.
Approved January 3d, 1863*
OFFICE OF SECRETARY OF STATE,)
Jackson, Miss., March 6, 1862. j ,
This is to certify that the foregoing printed abts,
Resolutions, etc., passed at a called session of' the
Legislature of the State of Mississippi, held in the
city of Jackson in the months of December, 1862,
"and January 1863, $re just and true copies from the
originals now in the office of the Secretary of
State.
Given under my hand, and the great seal
L. S. of the State of Mississippi affixed,, the
day and year above written.
C. A. BROUGHER,
Secretary of State.
LAWS AND RESOLUTIONS
PASSED AT IKE iM'Bi SESSION, IBb3,
CHAPTER I.
an act to provide for organizing and disciplining the Mi'itia
of this State.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the staff -of the in-cLef. r
Commander-in-chief to be appointed by himself, shall
consist of one Adjutant General, with the rank and
pay of Colonel; one Quartermaster General, who
shall also be Commissary and Paymaster 'General,
with the rank and pay of Colonel; one Chief of
Ordnance, with "the rank and pay of Lieutenant
Colonel; one Inspector General, with the rank and
pay of Major; one Assistant Inspector General,
with the rank and pay of Captain, and one Sur¬
geon General, who shall also "be Medical Purveyor, .
with the rank and pay of Major.
Sec. 2. Be it further enacted, That there shall »f
be but one General officer, and he a Major General, eraior eB~
an 1 the one now in office shall continue therein,
until his successor is duly elected and qualified, as
hereinafter provided, and he and his successors in
office shall be entitled to the following staff: One
Assistant Adjutant General, qnq Assistant Inspector
General, one Assistant Quartermaster General, one
Aid, and such other staff officers as the Governor
may, upon his application, assign to duty in his
staff; provided, the entire staff does not exceed, in
102
laws of mississippi.
rank and number, the staff appointraen ts granted
by the army regulations to-officers of like rank in
■ the Confederate service.
Sec. 3. Be it further enacted, That the Militia
and Yolunteer services of this State shall be or-
orgaaized°w ganized as the troops are in the provisional army
of the Confederate States, with the same class,
rank and number of officers ; subject, however, to
such modifications as the Commander-in-Chief, to
meet the emergencies, may prescribe ; provided,
that no General officer shall be elected or appointed,
ekcept the one provided for in section 2.
Sec. 4. Be it further enacted, That all organi-
zatjone now in active service shall remain as they
are, subject to the command of the Major General,
until otherwise ordered by the Commander-in-Chief.
Sec. 5. Be it further enacted, That all officers
and privates, when in active service, shall be en-
cws,°&c?ffi" titled to the same subsistence and quartermaster's
stores, medical attention and pay as are allowed to
officers and privates of the Confederate States
Army.
Sec. 6. Be it further enacted, That for the or¬
ganization, discipline, and government of the State
^TSroops! troops, hereinafter provided, the army regulations,
articles of war, and rules and regulations for the
government of court martials of the Confederate
States are' hereby adopted.
Sec. 7. Be it further enacted, That all free
white males residing permanently or temporarily
to Service1.9 & this State, including exempts and discharged
soldiers From the Confederate service, all who may
have substitutes in the Confederate Army, between
the ages of seventeen years and fifty years, except
such as may be hereinafter exempted, shall be liable
to military service under this act, and shall be organ¬
ized by the election of all proper officers into
companies, regiments, or battalions, in such manner,
and within such districts as the Governor may pre¬
scribe, and when thus organized,'the Governor shall
have power to oppefint competent persons to drill
the same, with such pay as he may determine.
Sec. 8. Be it further enacted, That the militia
howeLcted officers shall be elected by ballot, and commissioned
as provided by the Con'stitution of this State ; the'
laws op mississippi.
103
candidates receiving the highest number of votes
shall be declared elected. The officers for the vol¬
unteer service may be appointed by the Governor,
Or elected, as in case of militia officers, as he may
determine will best subserve the public interest.
Sec. 9. Be it further enacted, That at each
general election for State officers, there shall be of
held an election, as provided in sections 7 and 8, for
all company and field officers ; provided, any com¬
pany, regimental or battalion district, formed Or
prescribed by the Governor, be qualified to elect
company, regimental or battalion officers, and at
the same time an election shall be held for Major
General, to be chosen by the elci tors at large ;
said election for Major General shall be held by
the sheriffs of the respective counties in. the same
manner as the election of civil officers are held,
and biennially thereafter, but the person so elected
shall hold his office until his successor is commis¬
sioned. Any vacancy ^occurring in the office of Vacancies
Major General, shall be filled • by election, arid the °w
person re-elected shall hold "his office until the next
general election, and pntil his successor is commis¬
sioned, and in case of other, vacancies, they shall
be filled by promotion and ^elections as provided
for in the provisional army of the Confederate
States.
SeC. 10. Be it further enacted, That the Gover- companies
nop may, at his discretion, give authority to any ll<?w raised,
person or persons, to raise volunteer companies,
regiment's or battalions', for active service in the
defence of the State.
Sec). 11. Be'it further enacted, That should the
volunteer service of this State agd the troops ot Troops how
the Confederate States serving in this State, ig the ealled out'
opinion of the Governor, be inadequate to, the ex¬
ecution of the laws of the State, to the suppression
of insurrections or to the repelling of invasions,
and a less numbbr than the entire militia" force
shall be required, such number thereof as the Gover¬
nor may by proclamation call out, shall be drafted
from the main body, in such manner and form as
he may prescribe in said proclamation, and the
pfficcr or agent charged with the execution of this
duty, shall do so, in pursuance of^a written order,
104
laws op mississippi.
Earoiiment. which 'order shall be recorded in a book kept for
the purpose in the office of the Adjutant General
of the State.
• Seo< 12. Be it further enacted, That it shall be
the duty of the Governor to appoint, for each
'county in the State, an enrolling agent or agents,
who shall be charged with the duty of enrolling
all persons liable to service under this act; the en¬
rol Iment shall be by police beats in the several
counties, and shall show the age and occupation of
each person enrolled, and it shall be the duty of
said agents to forward to the Adjutant General of
the State a report of said enrollments, to be recorded
in a book to be kept in his office for that purpose.
Sec. IB. Be it further enacted, That the enroll¬
ing agents shall receive such compensation for the
Pay of En- above services as .the Governor may order to be
roiimgagus ^ military fund, and by the Quarter-
master General of the State of Mississippi, on the
ordermf the Governor. *•
Sec. 14. Be it further enacted, That the Gover¬
nor shall appoint and commission all Assistant
commit Quartermasters, who shall also act -as Assistant
aithsTic?11" Commissaries and Paymasters, and all Surgeons
and Assistant Surgeons herein provided for,'and
assign them to duty wherever their services are
needed, and may suspend them and all other officers
or agents appointed by himself, for dishonesty, in¬
capacity, inefficiency, misconduct or neglect of duty,
and when convicted bv a'court of inquiry or a
court martial, shall, if they so order, be cashiered
and reduced to the ranks, or-suffer any othet
penalty consistent with the. articles of war.
Sec. 15. Be it further enacted, That the Gover-
courtg Mar- n01'' investigation of the conduct and trial
tiai. • of offences of officers and men; shall hate power to
order and detail courts of inquiry or general courts-
martial—courts of inquiry to consist of pot less
than three commissioned officers, and courts-martial
of not less than five commissioned officers, besides
a Judge Advocate, who may be a commissioned
officer or a civilian, who shall be appointed by the
Governor or detailed by his order.
» Sec. 16. Be it further enacted, That eourts-
Ccmr7serlar- provide^ for in the general provisions of
tiul. •
laws op mississippi.
105
section 6, and the courts provided for in section 15,
shall have power in cases of fines, to enter up
judgments, and issue executions against the party
so fined ; said fines to be collected by any commis¬
sioned officer who may be detailed for that purpose
by the court imposing the fine, who shall proceed,
out of the goods and chatties of the party so fined,
to" make the money by exposing the same to sale
by public outcry. The said officers shall give five-
days notice of the time and place of sale, and shall
return the proceeds Of the sale, to the amount of
said fine, to the Treasury of the State, as part and
to be used as the military fund thereof.
Sec. i 7. Be it further enacted, That all persons
volunteering under this act, shall, after being in-* Bounty to
spected and, mustered into service, be entitled to a Volunteers,
bounty of fifty dollars, the same to be paid by the
Quartermaster General, or any. Assistant Quarter¬
master, who may be assigned to that duty.
Sec. 18. Be it further enacted, That no officer
shall receive commutation for quarters when on commuta-
post duty, nor forage for horses not actually in tloa'
service ; nor shall any staff - officer whose duty is
not in the field, receive forage for more tlian one
horse. * ■ •
Sec. 19- Be it further enacted, That the Quar¬
termaster General be required to give bond in the Bond of
penalty of forty thousand dollars to the State of ter-Gen™at
Mississippi, with two or more securities, to be ap¬
proved by the Governor; he shall also have power
to employ such clerical labor and transportation
agent, or agents, as may be requisite for the publio
service, at such reasonable compensation as may be
agreed upon, not to exceed fifteen hundred dollars
per annum.
Sec. 20. Be it further enacted, That the Chief
of Ordnance be a disbursing officer for his depart-. cW of
ment, and shall be required to give bond in the bond,n|£ce'
peualty of thirty thousand" dollars; he shall also
have power to employ a clerk at such reasonable
pay as may be agreed on.
Sec. 2). Be it further enacted, That the Medical
Purveyor and the Assistant Quartermaster, shall
each be required to give a bond of twenty thousand
dollars, with two securities to be approved by the
Governor.
106, laws > op mississippi.
Sec. 22. Bo it further enacted, That any person,
when ex-before being called into active service, liable* to
drii!d.from muster duty, shall be excused from said duty upon
the certificate of any practicing physician- that he
is unfit to perform said duty, said certificate to be
approved, by the commander of his company, and.
officer commanding the muster or drill; provided,
his name shall remain on the company muster roll
subject to the call of the Governor for active
service.
Sec. 2h. Be it further enacted, That the Surgeon
General and two Assistant Surgeons, shall be as-
How dis- s^ned lb the duty of examination of all persons
charged, called into active service, who shall .claim to be '1
•unfit for military duty, and upon their certificate
of disability, they shall be honorably discharged
from said.service.
Sec. 24. Be it further enacted, That it shall be
the duty of the Adjutant General of the State to
obtain by purchase or otherwise, the requisite num-
Artny r©*
& u i at i cms ber of army regulations and articles of war to
furnished. resopj C0Sfc the yari0us military offioers of
this State, and upon the order of the Adjutant
General, the cost of the same shall be paid by the
Quarte master General,, the money arising from, the
salb of said army regulations and articles of War
by the Adjutant General to be refunded by him to
the Quartermaster General.
Sec. 25. Be it further enacted, That it shall be
Pa of the duty of the Governor of this State to report
troops.7 0 the number and character of troops called into
active service for State defence to the Confederate
States commander of the department of which the
State of Mississippi may form a part, .also to the
President o'f the Confederate States in order that
the two forces, State and Confederate, shall act in
concert apd in conjunction with each other, and
when so*acting, the Governor shall, if practicable,-
negotiate for the payment of said troops, by the
Confederate authorities, through State Quarter¬
masters.
Sec. 26. Be it further enacted, That it shall not
bo lawful for any officer of this State or of the
u>°baeoccu- Confederate States to take possession of any dwell-
pied. ing house occupied • by any person without the
LAWS OF MISSISSIPPI.
101
written consent of the owner or occupant thereof.
Any officer of the State or of the Confederate State
violating the provision of this act shall be subject
to indictment, and on conviction, shall be fined in
a sum not less than one thousand dollars, nor more
than five thousand dollars.
Sec. 27. Be it further enacted, That to strength¬
en and encourage a continued and more determined indepen-
resistance in ihe border counties, the Governor is dentSG0Uts-
hereby authorized to receive as many companies, to
be known as independent scouts, as he may think
the service of the State requires said companies to
be Officered and commissioned as other companies
of the State service, and shall consist of not less
than 50 men, or more than one hundred, rank and
file.
Sec. 28. Be it further enacted, £hat the Gover¬
nor be and he is hereby authorized and requested to may°exeuse
excuse from militia service any person not ex; *hen-
empted by this act, when it shall satisfactorily
appear that the public interest will be promoted by
excusing such person from service.
Sec. 29. Be it further enacted, That the only
exemptions from military duty under this act shall Who ex-
be those of State, district and county officers now eB1rted-
exempted by law, telegraph' operators, railroad
agents and operators, mail contractors and post¬
masters, ministers of the Gospel having pastonal
charges by the appointment or rules.of their re¬
spective denominations, mechanics and others en¬
gaged in,the manufacture of arms and munitions
gf war, the District Attorneys of this State and
guards actually employed at the State Penitentiary,
all regularly established physicians who have beeii
engaged in the practice of their profession for the
past five years, all school teachers who are and
have been regularly engaged in teaching twenty or
more scholars for die past two years, and the law
reporter of the High Court of Errors and Appeals,
also the commissioners appointed by the Boards of
Police under all acts providing for indigent families,
and printers actually engaged in their profession,
and all persons now actually engaged in any county
of this State as millers ; provided, only one person
shall be exempt for each set of mills in the State.
108
laws of mississippi.
Sec. 30. Be it further enacted, That the present
militia organizations shall remain as now organized
until the troops are organized as provided for in
this act, Rnd that all laws and parts of la"W"s in
conflict with this act be and, the same are,hereby
repealed, and that this act take effect and be in
force from and after its passage.
Approved, December 9, 1863.
CHAPTER II.
A RESOLUTION for the relief of ecrtain counties.
Whereas, the President of the Confederate
States in the course of last spring issued a procla¬
mation urging fhe people throughout the land to
.raise nothing but food crops, " saying that nothing
but the want of food could cause our subjugation;
and Whereas, this request was patriotically obeyed
by the people of this State generally; and where¬
as, the counties of Issaquena,Washington, Bolivar.
Coahoma and Sunflower have been so unfortunate
empt'iefrom as placed behind the line of the enemy, so
paying Con- that the tax in kind cannot be collected; and
e erate tax wijereaSj ^he counties of Warren, Yazoo, Adams,
Carroll, Tallahatchie, Itawamba, Lafayette, Panola,
Tippah, Tishomingo, DeSoto, Tunica, Marshall,
Madison, Pontotoc, Claiborne, Jefferson, Wilkin¬
son and Hinds are in part similarly situated; and
whereas, a clause in the Confederate tai bill pro¬
vides, that when the tax in kind cannot be col¬
lected or hsed, the money value thereof shall be
demanded; and whereas, the counties and parts of
counties above mentioned are ready and anxious
to pay the tax in kind; and whereas, it is no fault
of theirs that th'ey are so placed that the tax in
.kind cannot be used, and having no other means
of raising money beside their crops, and feeling
that a grievous wrong would be- done them if
forced to raise money instead of a tax.in kind:
therefore,
Be it resolved by this Legislature, 1st, That
our Senators be instructed,, our Representa¬
tives in Congress be requested to speedily present
laws op mississippi.
109
this matter to the Secretary of the Treasury, and
urge a suspension of this tax until such time as
our produce cap be made avail aide to the Govern¬
ment, and should they be unable to obtain relief
in this way, they are then to lay the case before
Congress, and urge the most speedy action thereon.
2d, That this resolution shall not apply to any
locality in said eountips, except where the money
is demanded instead of the tax in kind. .
Approved, December 1st, 1863.
CHAPTER III.
AN ACT to allow the Sheriffs and Tax Collecto-s additional, time
to collect the taxes for the year 1862, -in certain cases, • '
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That the sheriffs and tax col¬
lectors of the several counties of this State, who
were prevented from collecting the State county
and military taxes for the year 1862, by reason of
the invasion of the enemy, or any other "cause, be
authorized and required to collect said taxes for
the year 1862, now unpaid, at the same time and in
the same manner aS the taxes for the year 1863 are,
or may be collected, and it shall be the duty of the
auditor to receive and settle with the said sheriffs
and tax collectors in the same manner as though
the taxes of the year 1862 had been regularly col¬
lected.
Sec. 2. Be it further enacted, that this act shall
take effect and be in force from and after i,ts pas¬
sage.
Approved, November 26, 1863.
CHAPTER IY.
AN act to extend the time of assessing the taxes in this State,
for the year 1863.
.Sec. 1. Be it enacted by the Legislature of the Duty of ^
State of Mississippi, That the tax assessors of sors.
110
LAWS OF MISSISSIPPI.
the several counties of t.his State where the regu¬
lar assessments have not for any cause been made
and returned, are hereby authorized and required
to Assess the taxes in their respective counties for
the year 1863, to be completed and returned to the
proper office as now required, by law, on or before
the third Monday in January, 1864.
Sec, 2- Be it further enacted, That the assess¬
ments made and returned in accordance with the
'provisions of this act shall be as legal and valid
as if made and returned as now required by law.
Sec. 3. Be it further enacted, That the boards
of police of the said several counties respectively,
Duty of upon the day in which said returns are required
Poifceds °f be made by this act, shall examine and correct
the same according to law, a^d that this act take
effect and be in force from and after its passage.
Approved, November. 26, 1863.
CHAPTER v.
AH ACT to ntaend ftn act for the relief of the Judges of the
Circuit Courtj of this State, in certain cases.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That section one of an act
entitled an act for the relief of the judges of the
Circuit Court of this State, in certain cases, ap¬
proved November 21st, 1861, be and the same is
hereby so amended that hereafter 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, provided
such failure be occasioned by the presence or
proximity of our enemies, or by any of the casual¬
ties of war.
Sec. 2. Be it further enacted, that this act shall
take effect and be in force from and after its pas¬
sage.
Approved, November 27, 1863.
laws op mississippi.
Ill
CHAPTER VI.
AN ACT authorizing tha Sheriffs qf this State to receive Con¬
federate Treasury Notes in payment of runaway Blaves
sold, and for other purposes.
Sec. 1. Be it enacted by the Legislature of the
• State of Mississippi, That the sheriffs of this State
be and they are. hereby authorized to receive in
payment of runaway slaves sold under the provis¬
ions of law, Confederate treasury notes.
Sec. 2. Be it further enacted, That the several
boards of police shall be authorized to use for
county purposes any funds paid ...into the treasury
,of their respective counties by the sheriffs thereof,
a,s proceeds of rpnaway slaves, provided that said
boards of police hold themselves liable to refund
to the Claim of any owner of slaves so sold when
called oh.
• Sec. 3. Be it further enacted, that this act be
in force from and after its passage.
Approved, November 26,1863.
CHAPTER VII.
AN act to revive and amend'an act to extend the time for the
collection of the taxes of the current fiscal year, approved
December 20, 1861, and for other purposes.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That the time for the collec¬
tion of all the State and County taxes for the fiscal
year, commencing on the first day of May last, and
each succeeding fiscal year thereafter, and the
same is hereby extended, as follows, to wit: Im- Duty of tax
mediately after the first day of June next, and colleotors-
annually thereafter, the tax collector shall proceed
to collect the taxes by distress and sale of personal
property, and to advertise the lands of all persons
wlio shall not have previously paid their taxes for
sale on the first Monday of July following. The
tax deeds to purchasers shall be filed with the
probate clerk, on or before the second Monday of
the said, month of July, and the collectors shall at
112
laws op mississippi.
the same time, file with the said clerk, the list of
all 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 the insolvent
and delinquent tax payers; and the said boards of
police in each county of this State shall meet on
the second Monday of July next, and annually
thereafter, to receive and act upon the same; and
the clerk of said board shall make a certified list
of the allowances to said tax collector, 'and trans¬
mit the same to the auditor of public accounts, on-
or before the twentieth day of said month of July*
The collector shall.be allowed an additional com-
com^pensa- pensation of five per cent, on taxes collected after
ieot»r. ° the said first day of June, and they shall pay over
all taxes collected to the State and County trea¬
surer within thirty days after the first day of July,
in each year, or be subject to all the penalties im¬
posed by law, for not paung over such taxes
within thirty days after the first day of June, and
alb the laws regulating'the collection of taxes shall
apply to the collection of said tax, exe'ept so far
as they are altered by this act.
Sec. 2. Be it further enacted, that the time
whentaies allowed- by law to persons owning property in
Suort0 Au" counties iu which they do not reside, within which
they may pay taxes on such property in the office
of auditor of public accounts,-be and the same is
hereby extended to the first Monday in May next,
and annually thereafter; that the same shall be
paid in said office by such persons, pursuant to the
terms and conditions prescribed in chapter three,
section eight, article thirty-two of the Revised
Code, and the auditor shall transmit to the several
collectors a list of such payment by the first day
of June following.
Sec. 3. Be it further enacted, That so much'of
trfm ta™ pt "the property belonging to any person who is now
or may hereafter be engaged in the military or
naval ^ervice of this State, or Confederate States,
as by law is now exempted from distress and sale
under execution, shall also be exempted from dis¬
tress and sale for the taxes due from such person :
Provided, this exemption shall not be so construed
as to destroy the lien wnich the State or county
may have on said property for said taxes.
LAWS OF MISSISSIPPI.
113'
Sec. 4. Be it farther enacted, That this act take
effect and he in force from and after its passage.
Approved, December 1, 1863.
CHAPTER VIII.
AN ACT to better provide for the Families of Soldiers.
Section 1. Be it enacted by the Legislature of ,
the"State of Mississippi, That it shall be the duty p0f£etoSap-
of the boards of police of the several counties of
this State to meet as early as practicable after the e s'
passage of this act, and to appoint one competent
and discr^ec person, who is hereby denominated
commissioner, in each police district of their re¬
spective counties, to ascertain the names of all
soldiers who have been, or may be hereafter, mus- c?mmiS°i
tered in the service of the Confederate States, or sioners.
of this State, from their respective counties ; and,
also, the,number of persons dependent upon each
of said soldiers, who need assistance, whether such
dependent persons are the wives or children, or
near relatives, of said soldiers, who have4 been
heretofore assisted or supported by them, and to
report the same, together with the names of any
disabled and indigent -soldiers therein, to the said
.boards of police at the earliest practicable day ;
and the roll of said names shall be made out by
the commissioner adting in each of said police dis¬
tricts, and by him taken to the clerks of the boards
of police of the several counties, whose duty it
shall be to record them ; it shall be the duty of
said commissioner, and of said boards of police,
either separately or conjointly, from time to time,
to correct and amend said roll, so that it may cor¬
rectly set forth the number and names of persons
to receive aid under the provisions of this act, and
a copy of said roll shall be made out by said cleTks,
and transmitted to the Auditor of Public Accounts,
on or before the "first day of March next; said
commissioners, in the discharge of their duties,
shall have power to appoint one or more assistants
if necessary, who shall be subject tp all the pains
8—L
114
laws op mississippi.
and penalties of this act, and to administer oaths
and hear testimony touching the wants and circum¬
stances of any person claiming to be a beneficiary
under this act.
Secv 2. Be it further enacted, That the sum of
five hundred thousand dollars be and the same is
A^pro^pria- hereby appropriated, payable out of the .treasury
m£de. notes issued under the provisions of an act entitled
'""An act authorizing the issuance of treasury notes
on behalf the State," approved January 29, l?-62,
one-half of which said sum the Auditor of Public
'Accounts shall immediately proceed to distribute
among the several counties of this State, in the
same proportion in which the military relief tax
of 1862 was distributed on the first of -August,
1863, and so soon as the corrected and amended
rolls, required to be forwarded to the Auditor by
the'first section of this act, are obtained, he shall,
proceed to distribute the residue of the foregoing
appropriation among the several counties iq such
manner that each county shall receive, out of the
whole amount of said appropriation, an aggregate
sum in that proportion which the number of bene¬
ficiaries therein bears to the whole number of
ascertained beneficiaries in the State: the share
alloted to each county shall be paid over to the
treasurer of such county, on his application there¬
for, and the same disbursed by him to the commis¬
sioners in the several police districts, upon .the
orders from time to time given by the boards of
police : Provided, however, That the Treasurer
shall first execute his bond to the State of Missis¬
sippi, with good security, to be approved bv the
TiCeft'su4r President of the board of police, ''conditioned
togiveb'nd. faithfully to account for and disburse, according to
law, all lhoneys coming into his hands under this
adt j" and the Treasurer, for his compensation in
the premises, shall be entitled to receive one per
centum on the amount which shall pass through his
hands.
Sec. 3. Be it further enacted, That it shall be
comm's- sa^ commissioners to investigate and
sioners to determine the condition and wants of the beneficia-
knd6Std8fs- ries under this act, in their respective police dis-
tribute'fund tncts, and to distribute among them the fund to
laws op mississippi.
115
which they may be entitled in such manner as to
meet their obvious wants and necessities, or by the'
purchase of supplies and provisions at any place,
tho^ can be procured on the best terms, ana dis¬
tribute the same as to the commissioners may seem
most advantageous to* the beneficiaries under this
act.
Sec. 4. Be it further enacted, That it shall be commis-
the duty of said commissioners, every two months, Report!8
to report to the boards of police of their respective
counties them proceedings under this act, and their
accounts, specifying all amounts received by them,
together with all sums expended by them, fully and
particularly set forth, shall be examined by said
boards of police, and when approved they shall be
filed for safe keeping and future reference and for
their compensation the said commissioners shall be
entitled to receive two per centum on the amounts
passing through their hands.'
Sec, 5. Be it further enacted, That it shall be
the duty of each of said commissioners, as early as commis-
practicable after his appointment, and before he sioners-
enters upon the duties of his office, to appear
before the Clerk of the Probate Court ot his
county, and take an oath, to be. filed in the office'of
said clerk, that he will use due diligence to ascer¬
tain the number of persons, and their condition
and wants respectively, within his police district,
•account for, distribute and expend all moneys to be
placed in. his bands, with due regard to ecopomy,
and faithfully and impartially to perform all other
duties prescMbed in this act.
Sec. 6. Be it further enacted, That the boards
of police shall have power, in their discretion, to commis-
remove any commissiondr appointed by them, and beremo^d
to fill any vacancy so caused, or which may result ove '
from resignation, death or otherwise; and for any
willffTl neglect of their duties^ or act of fraud or
corruption in relation thereto, or embezzlement of,
or failure to account for any moneys fntrusted to
them for the purposes of this act, the said commis- •
sioners shall be liable to indictment, and on con¬
viction shall be. fined for such offence in not less
than the sum of one hundred dollars, or imprisoned
in the county jail for not less than one month, or
ho laws 0? mississippi.
both, at the discretion of the court before whom
they may be tyied.
Sec. 7,,Be it farther enacted, That it shall be
Meetings ©f ^oar<^s °f police to meet monthly,
p ^arcis of for .the purpose of superintending the execution of
u lce" this act; of examining and auditing the accounts of
said commissioners, and of inquiring'into the man¬
ner in which they are respectively discharging their
duties; of removing such as may be inefficient and
appointing others, in their stead ; the said boards
of police for the purpose of this act, may meet at
any place in their counties respectively to which
they may adjourn, or upon the call of the President,
or any two members thereof: Provided. That five
•days' notice of the time and place of any eailed
meeting of said board shall be given to each mem¬
ber of the board, and to the clerk, by personal
service or by posting such notice at one or more
public places in each one of the police districts of
said county.
Sec. 8. Be it further enacted, That in any county,
or counties, in which there now is, or may hereafter
Wdofp£ ke't10 acting boards of police, or in which the
ii«© the Gov- board of police mayjieglector refuse, or be unable
pSnt 'com- for any cause, to carry into execution the provisions
*»ssioners. 0f this act, it shall be the duty of the Governor to
appoint the commissioners of such County, or coun¬
ties, and to take all other necessary and proper
steps for the distribution of the fund to which such
county, or counties, may be entitled, and to this
end in such case the Governor is hereby authorized
and empowered to appoint one Or more agents, to
be citizens of the county, or counties,' for which
they shall respectively act, whose duty it shall be,
under such instructions and regulations as the
Governor may prescribe, to aid in carrying out the
provisions of this law.
S^O; 9. Be it further enacted, That no person
appointed commissioner, or agent, under this act
shall decline the duties imposed on him, unless for
nftgiee/of sufficient cause, he.shall be excused therefrom by
duty- the board of police, or Governor, as the case may
be, appointing him ; but any person appointed com¬
missioner, or agent, refusing to serve, or discharg
ing his duties negligently, or so as to cause any
laws ojf mississippi.
117
person, or persons, intended to be benefitted by this
act, to suffer from his carelessness, willful omission,
or inattention, shall be deemed guilty of a misde¬
meanor, and on conviction shall be punished by a
fine rot less than fifty dollars, or imprisonment in
the county jail not' less than one week, or by both,
at the discretion of the court trying the same.
• Sec. 10. Be it further enacted, That a special,
tax of one hundred and fifty per centum upon tfye gp^oiai tax
regular State tax of the present fiscal year, and leviefj-
each succeeding year, until otherwise ordered, bev
levied and collected as other taxes now are, and
called the military relief fund, to.be distributed as
the distribution of the five hundred thousand dol¬
lars under the second section of this act is directed,
to be distributed, and, used and expended for the
purposes of this law, and to this end it shall be the
duty of the Auditor of Public Accounts, in thirty
days after settlement with the tax collectors in
each year, to report to the boards of police of the
several counties the amount arising from the tax
levied and collected as Aforesaid, to which each
county is entitled under the distribution as afore¬
said, for which services the Auditor shall be allowed
the sum of one-eighth of one per centum on said
tax, payable out of any money in the Treasury not
otherwise appropriated : Provided, however, That
the bbards of police of the several counties may,
within thirty (30) days, or a's soon thereafter as Taxinkind.
practicable, after the passage of this act, hold a
meeting and determine thereat what per centum of
the tax, herein directed to be levied and collected?
may be paid in supplies and provisions needed to
meet the current wants of those intended to be
benefitted by this law, and in snch case said boards
shall designate the kinds and quantities of such
supplies and provisions, into wfiicfi the per'centum
fixed upon may be Commuted, and shall cause each
tax collector, and the commissioners of the several
police districts, to be furnished with a schedule
thereof; and any tax payer may thereupon, at hjs
election, pay the per centum of his tax, determined
by the board of police as aforesaid, in supplies and
provi.-ions (provided that the tax in kind so col¬
lected shall not exceed the distributive share to
118
laws of mississippi.
which each county is entitled under this act,) at
the schedule prices published by the commissioners
for the State, and then in force under the impress¬
ment act of Congress ; and whenever any tax payer
may decide in this way to make such payment, it
shall be the duty of the sheriff to receive from him
duty of his written agreement, that he will, on demand,
aheu s' deliver ,to the commissioner of the police distriot,
in which he may live, the supplies or provisions in
which said payment is to be made, specifying par¬
ticularly therein the kind, quality, quantity, and
value thereof, which writing the sheriff shall deliver
to the commissioner of said police district, after
first retaining a true copy of the same, whieh he
shall forward to the Auditor of Public Accounts,
to be used as a voucher in his settlement with that
officer; and should said party so stipulating to
faifure fto make payment as aforesaid, fail to pay and satisfy
iR ^uch agreement on demand, it shall be the duty of
the commissioner holding said agreement forthwith
to endorse thereupon such refusal, and to sign his
name thereto., and then to- return the same to the
sheriff, and the said defaulting tax payer shall
thereby become liable to pay his said special tax in
money, and one hundred per cent, 'added thereto,
which the sheriff shall proceed immediately to col¬
lect by distress - and sale as in other cases,, and the
said written agreement the said sheriff shall return
to the party who gave it, or his agent or represen¬
tative.
Sec. 11. Be it further enacted, That the sheriffs
, of the several counties shall collect the tax provided
Bond of in the tenth section of this act, and before entering
sherjffs. up0n the collection of the same, shall give addion-
al bond, with two or more good securities, for such
amount as the President of the board of police
shall require, and in the same manner as now re¬
quired by law in reference to the collection of
other taxes, under the penalty of a forfeiture of
office for failing so to do, and shall receive in pay¬
ment of said tax, gold and silver, current bank
bills, and the warrants of their respective counties,
issued upon said fund, and Confederate Treasury
Notes, and Treasury Notes of this State (provided
that county warrants shall not be received for a
la^s op mississippi.
119
greater amount than the proportion due said county Fees o f,
from the fund), and for the collection of said tax, Shenff8,
the sheriffs ot the several counties shall receive the
sum of two per cent, on the amount of said tax, to
be retained out of the same.
Sec. 12. Be it further enacted, That the boards
of police in the different counties in this State are Cou,netiys
authorized, at their discretion, to levy a special tax ^>e«ai tax,
upon the taxable property of their respective &nd
counties to an amount not exceeding one hundred
per centum upon the State taxes of the current
year, except the counties of Tallahatchie, Jackson,
Hinds, ^Rankin,Scott, Wilkinson, Newton, Calhoun,
Leake«and Kemper, wherein the boards of police
are authorized to levy a tax not exceeding three
hundred per centum on the State tax, the proceeds
of which shall be applied and used in aid and lor
the purposes of the funds or amounts hereinbefore
provided, and shall be distributed on the same basis p,oarcj3 of
and in the like manner, and the *said boards of ™ay
police are also authorized and empowered, should ijey, when,
the exigency require it, respectively to borrow for
and on the credit of tlreir several counties, any sum
of money not exceeding twenty thousand ^dollars
in any one year, for wjpch sum or sums so borrowed,
the boards are authorized to cause to be prepared,
sign and deliver county warants, or bonds of their
. counties to bear interest, not exceeding eight per
cent, per annum, and the amounts thus borrowed
shall be paid out of the appropriations hereinbefore
made to the different counties of the State, or out
of the proceeds of a special tax, which the counties
borrowing may respectively levy • the said war¬
rants, or bonds, shall be signed by the clerks and
countersigned by the Presidents of said boards, and
the Treasurer and police plerk shall each keep a
separate and accurate, account of the number, date .
and amount thereof, and to» whom payable, and
shall keep like accounts of the same when paid.
Sec. 13. Be it further enacted,. That the sheriff
in the respective counties sliall collect the said •conect*^
special tax at the same time he is required by law £ f n d
to collect the State tax, and pay the same over to
•the county treasurer, and for the collection of the
same the sheriffs of the State shall have all the
120 laws op mississippi.
authority and power, and may resort to all the
remedies given by law for the collection of the
State tax • but before proceeding to collect the
said tax, and within ten days after the same may be
levied, he shall execute a bond, with two good and
sufficient securities, in double the amount which it
may be supposed the said tax will raise, conditioned
in the same manner as his present tax collecting
bond ; and for collecting the said tax the sheriff
shall be allowed, by the board of police, two per
centum on the amouut collected: Provided, how-
teTmCkipd"* 'ever, That this special tax may be paid in supplies
or provisions, in the manner specified in the tenth
section* of this act, and for its collection tK$ stipu-'
lations and provisions of that section shall be made
applicable thereto, a copy of the written agreement
of the tax payer, however, to be returned to the
county treasurer, instead of to the Auditor of
Public Accounts.
Secj. 14. Be it further enacted, That whenever the
commissioners of any county shall be unable io
supplies purchase, at reasonable and just prices, such sup-
when to be plies jyid provisions as may be needed in their
impresse . C(julltjes. respectively, they shall .report the fact to
the meeting of the.board of police of their county,
and such board of police shall thereupon have
authority and power, should they believe the exi¬
gency of the case demanded it, to command the
sheriff of the county by a writ or warrant, to be
issued by the clerk and tested as other process of
the court is tested, to make impressment of such
supplies and provisions as maybe absolutely needed:
Provided, That supplies and provisions necessary
provisfons for the support of the owner, and his family and
W .adjust- dependents, and to carry on his ordinary^business,.
shall in no case whatsoever be taken or impressed;
and when the impressing Officer and the owner
cantiot agree as to the quantity necessary as afore¬
said, it shall be the duty of the impressing officer
to cause the same be determined by the judg¬
ment of two loyal and disinterested citizens of the
county, one to be selected by the owner, one by the
impressing officer, and in the event of their disa¬
greement, these two shall choose an umpire of like
qualifications, and his decision shall be final; said
LAWS OF MISSISSIPPI.
121
persons shall, before making such decision, take an
oath that they will fairly and impartially, and to
the best of their ability, discharge the duty afore¬
said ; and that Said owner, or owners, may have
just compensation paid them for their property so
impressed, it shall be the duty of the impressing
officer, or one of .the bounty commissioners, to pay
him therefor, before removing said property, the
market price for all articles so impressed: Provided,
however, That should the owner of any property
so impressed believe that the said price is not fair
and just, he may take the case by appeal to the
Jboard of police of the county, who shall have full
authority and power to hear the party complain¬
ing, and to allow him such compensation for the;
property taken as may be just; on such appeal the
impressing officer shall give to the party, whose
property has been taken, a receipt for the same,
which shall set out the kind and quantity, and
quality, of the said property, and the price he '
offered to pay for it, but which was not accepted,
. the owner being dissatisfied therewith, and the said
owner appealed to the board of police for its re¬
vision and final valuation, and the decision of the
board of police in such case shall be fipal, and the
'price allowed shall be forthwith paid as hereinbe¬
fore prescribed.
Sec. 15. Be it further enacted, That whenever Recipients
the commissioners appointed under this act shall be ^ow edeterS
in doubt as to the right of any applicant to be a mined,
beneficiary, he shall consult the board of police, if
in session, or the president thereof if in vacation,
and said board or president shall determine the
question, and in all cases where a party has been
declared by the commissioners as not entitled to*
the benefits of thjs act, an appeal to the board'of
police may be taken and the decision of Said board
shall be conclusive.
Sec. 16. Be it further enacted, That the sum of
eighty-five thousand dollars in addition to the ap- sP®clra/atf0pa"
propriations made by the previous sections of this* for certain
act be, and th^ same is hereby set apart out of any counties-
moneys in the treasury not otherwise appropriated,
lor the benefit and relief of the persons for whom.,
this act is intended to provide in the counties of
122
laws op mississippi.
Tippah, Tishomingo, • Hancock, Harrison, and
Jackson ; the said sum of eighty-five thousand dol¬
lars to be divided among the said five mentioned
counties, in the manner following, to-wit : To the
county of Tippah, thirty thousand dollars ; to the
couhty of Tishomingo, forty thousand dollars ; and
-to the counties of Harrison,^Hancock and Jackson,
the sum of five thousand dollars each, which said
amounts shall be immediately drawn out of the
the treasury and disbursed in the' manner and for
.the purposes of the said counties respectively that
the appropriations made by the previous sections
of this act are to be drawn and disbursed: Pro¬
vided, however, Should it hereafter appear to the
Governor that the said counties of Tippah, Tisho¬
mingo, Hancock,f Harrison and Jackson, will-not
require, lor the proper support of the persons
therein respectively intendedto.be aided by this
act, their full share, of all the appropriations made
to them therein, then and in that event he shall
notify, in writing, the Auditor of Public Accounts
of the precise sum which he may be satisfied can
be withheld from the said counties respectively, or
one or more of them, as unnecessary for the pur¬
poses of this act, and thereupon it shall be the duty
of the Auditor not to issue his warrant, or war¬
rants, upon the treasury, for the sum, or sums, so
.designated, but the same shall be retained in the
treasury out'of the shares respectively to which
the said five counties are entitled out of the pro¬
ceeds of the special tax of one hundred and fifty
"per cent, by this act hereinbefore imposed: Pro¬
vided further, That the tax authorized by the fourth
Act of Janu- section of an act entitled "An act better to pro-
aboiished63* *vid(? for the families of our soldiers," approved
January 3d, 1863, be and is hereby abolished. for
the future, and that uone pf the provisions of the
said act shall apply to the monev appropriation, or
the taxes collected by virtue of this act.
Sec. 17. Be it further enacted, That the com¬
missioners authorized to be appointed under the
provisions of this act, be and they are hereby ex¬
empted from militia service.
Sec. 18. Be it further enacted, That this act shall
take effect from and after its passage.
Approved December 2, 18o3.
LAWS OF MISSISSIPPI*
CHAPTER. IX.
AN ACT to compensate soldiers in the State service, in certain
cases.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That each and every sol¬
dier in the State service shall be entitled to receive
the valuation price of his horse or gun, when the'
horse is killed'in action or lost by capture of the
enemy, and when such capture is not chargeable to
the neglect or default of said soldier, and upon <
sufficient proof being made in writing of such loss
and attested by a Commissioned officer, and ap¬
proved by the commanding officer, the quarter¬
master-general shalP pay to the soldier the valua¬
tion of his ho»se or gun, and should the liqrse or
gun so lost not have been valued, the same remu-
nci ation shall be allowed for said loss as is now
allowed by the Confederate Government in such
casns, and he shall also receive the same compensa¬
tion for the use of his horse and gun while in ser¬
vice, that is now allowed by the laws of the
Confederate States, and that this act apply to all
cases coming within its pcrview, whether the same
shall have taken place either before or a;ter its
passage.
Secl 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 3, 1863.
CHAPTER X.
AN ACT for the relief of Tax-payers in ceifcain cases, and for
other purposes.
Section Be it#enacted by the Legislature of
the State of Mississippi, That all property, real
or personal, which lias been assumed or was liable
to assessment on the first day of May last, which
has been taken or destroyed by the public enemy,
or where slaves have been lost by running away
LAWS OF MISSISSIPPI.
to the public enemy, shall be relieved from the
taxes imposed thereon by the laws of this State,
and the boards of police of the different counties
of this State shall, upon the production of the
certificate'of the tax-payers to jhat fact, allow the
tax collectors credits to the amount of the taxe§
due upon such lost or.destroyed property^ and the
auditor of public accounts shall allow all such
credits in his settlements with said tax collectors,
and the credits allowed by this act shall be made
at any time before the payment of said taxes, pro¬
vided the said tax collectors shall in all cases
before releasing any party from the payment of
taxes due, administer to him or her an oath as to
the loss or destruction of said property sought to
be released from taxation; "and any person who
shall^falsely swehr in the premises shall be guilty
of perjury, and fehall suffer, upon conviction, the
punishment now prescribed by law for the commis¬
sion of that crime.
Sejc. 2. Be it further enacted, That this act,shaii
be in force from and after its passage.
Approved, December 1, 1863.
CHAPTER XI.
AN ACT to legalize the removal of personal property from his
State hy Guardians, Executors, Administrators, and other
trustees, under certain circumstances, and for other purposes.
Section 1, Be it enacted by the Legislature of
the State of Mississippi, That in all eases where
any guardian, executor," administrator, or other
truestee, has removed from this State, in good faith,
any personal property belonging to his cestui que
trust in order to prevent the same from falling in the
hands of the enemy, or from being seduced or perse¬
cuted to go with the enemy, »or when there was
reasonable ground to apprehend j:hat if permitted
to remain in the State the said personal property
would be in great danger of being captured, stolen
and carried away by the public enemy, such re¬
moval shall be and is hereby legalized : Provided,
LAWS OP MISSISSIPPI.
125
it shall appeclr that such guhrdian, executor, admin¬
istrator, or other trustee, was unable- from any
cause to comply with the provisions 'of an act en¬
titled u An act in relation to executors, administra¬
tors and guardians," approved 3d January, 1863,
before removing said personal property beyond the
limits of this State.
Sec. 2. Be it further enacted, That hereafter it
.shall and maybe lawful for any guardian, executor,
administrator, of other trustee, to remove the per¬
sonal property under his charge or control to a
place of safety beyond the limits of this .State
whenever there is reasonable ground to apprehend
that said property would be in great danger of
falling into the hands of the public enemy if per¬
mitted to remain in the State, and where from the
circumstances of the case it is impossible for Said
guardian, executor, administrator, or other trustee,
before removing said personal property to comply
with the provisions of the laws mentioned in the
first section of this act, which law is hereby de-.
clared to be repealed only so far as it copies in
conflict with the provisions of this act.
Sec. 15. Be it further enacted, That this act
,shall-tak'e effect and be in force froni and after its
passage.
Approved, December 3, 1863.
CHAPTER XII.
AN ACT to armed the law of Divorce and AUimony.
Section I. Be it enacted by the Legislature of
the Stare of Mississippi, That article 19, sec. 4,
and chapter 40, of the Revised Code, be and the
same is hereby repealed.
Sec. 2. Be it further enacted, That hereafter
, any party applying for a divorce must be a citizen' mifPpl^an^
or re®dent of this State, and must have been a citizen,
citizen thereof or resided therein at least one year
next preceding the filing of ^he bill and shall also
make an affidavit that he has not taken up his or her
residence in this State in order to enable him or her
to obtain a divorce according to the laws thereof,
126
LAWS OP MISSISSIPPI.
Sec. 3. Be it further enacted, That any marriage
Divorce heretofore made or which may hereafter be made
tamedatex- hy any person* whose husband or wife shall have
£v *tionr»°f ^een afi?eat ^or fiye successive years without being,
eyeara. known person within that time to be living,
be and the same is hereby declared to be valid and
legal to all intents and purposes, and the first hus¬
band or wife so absent shall in law be presumed
to be dead in any qustion that may arise relative,
to such second marriage, or any right or claim
arising under it, nor shall any evidence be received
to'rebut such presumption in any proceeding in
which the validity of the second marriage or any
right or claim under it may be involved.
Sec., 4. Be it further enacted, That a party en-
Bill how titled to a divorce may file the bill for that purpose
flled' in the Circuit Court of any county in this State,
upon making affidavit, that in consequence of an
invasion by the enemy, or apprehended ■ danger of
invasion, he believes that the terms of. the Circuit
Court in which said bill should be filed under the
existing law will not be regularly held.
Sec. 5. Be it further enacted, That this law shall
take effect from and after its passage.
Approved December 1, 1863.
CHAPTER XIII.
t AN" ACT to amend the impressment' Jaw of this State.
#
Section 1. Be it enacted by the Legislature />f
the State of Mississippi, That in all cases where
the exigencies of the service may require it, the
Governor is Ijereby empowered to impress slaves
and other personal property for the use of the
S ate troops, and to aid in the military operations
conducted by the State troops, under officers in the
military service of the State, in the manne© pro¬
vided in an act approved January 3d, 1863, entit¬
led " an act to authorise the impressment of slaves
and other personal property for mtlitary purposes,"
without the concurrence and approbation expressed
in writing of the commander of the Confederate
LAWS OP MISSISSIPPI.
127
forces in the department, and so much of said act
as requires such concurrence and approbation for
impressments to be made for the use of State
troops, and in aiding the military, operations con¬
ducted by the State troops under officers in the
military service of the State, be and the same is
hereby repealed.
Sec %. Be it further enacted, That this act
shall take effect from and after its passage.
Approved, December 1, 1863.
CHAPTER XIV.
an act to amend chapter Thirty-two'of the Revised Code, so
far as the same provides for the registration and sale of
estrays.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That in counties where sheriff to
there are no rangers, tiie duties prescribecTby law act »» Ran-
for rangers shall be performed byi the sheriffs of ser"
the several counties; said sheriffs shall give/bond
as now required of rangeffs, and receive the fees
allowed by law to rangers.
Sec. 2. Be further enacted, That, this act take
effect and be in force from and! after its passage.
Approved December 3, 1863.
CHAPTER XV,
AN ACT to compel Railroads to keep lights, fire and water on
' their cars.
Section 1. Be it enacted by the Legislature of.
the State of Mississippi, That hereafter it shall be
the duty of all railroad conductors or agents of
railroads in this State, to keep burning in each
passenger car a lamp, candle, pr some other light,
during each night they may run, and shall also
keep on hand a sufficient supply of water and fire
when demanded, for the use of the passengers, both
laws of mississippi.
day and night, and on failure to do so the railroad
company employing such conductors or agents,
shall forfeit and pay the sum of five hundred dol-,
lars for each and every offence, recoverable before
any court having jurisdiction of the same; one-
fourth to the use of the informer, and three-fourths
to be naid into the trea ury, to be applied to the
support of the indigent families of soldiers from
this State, whether said soldiers be living or dead,
sbci 2. Be it further enacted, That this act shall
take effect' and be in fotce in twenty days from and
after its passage.
Approved November 18, 1863.
CHAPTER XVI.
AN ACTIo provide for obtaining furors in the Circuit Courts
of this State.
Section 1. Be it enacted by the Legislature of
the Siate of Mississippi, That so much of chapter
sixty-one, section eleven, and article one hundred
and twenty-six, on page four hundred and ninety-
seven ol> rhe Revised Code of eighteen hundred
and fifty-seven as exempts persons over the age of
sixty years fif>m service as jurors, be and the same
is hereby repealed
Sec. -j. Be it further enacted, That it shall he
the duty of the several county assessors in this
State to include in the list of jurors qualified to
serve as petit jurors the names of all persons in
their counties respectively who are sixty years of
age and upwards, and deliver said list to the clerk
of the Circuit Court of the county, as now pro¬
vided by law.
Sec. 3. Be it further enacted, That this act shall
take effect and be in force from and after its pas-
sage.
Approved Dec. 5, 1863.
laws of mississippi.
129
CHAPTER XVII.
AN ACT to be entitl d an act to regulate the fees of Jailors
in this State in certain cases.
Section I. Be it enacted by the Legislature of
the State of Mississippi, That it shall be lawful
for the Jailors of the several counties in this State
to demand, receive and take fhe sum of one dollar
per day for victualipg each and every person that
may be confined in the jails of their respective
counties and in the manner now prescribed by law
during the present war.
Sec. 2. Be it further enacted, that this act be
in force from and after its passage.
Approved, November 14,1863.
CHAPTER XVIII,
' AN ACT to iepeOan act entitled "An* act to author'ze the
appointment of two Medical Commissioner-! to especially
attend to the sick and Wounded soldiers from this St^te in the
Confederate Army and for other purposes," approved January
1, 18c3.
Section 1. Be^it enacted by the -Legislature of
the State Mississippi, That the above recited act,
be aud the same is,hereby repealed.
Sec. 2. Be it further enacted, that this, act shall
take effect aud bo in force from and afte^ its pa3-.
eago. ' ' '
Approved, November 25, 1863.
CHAPTER XIX.
AN ACT to " provide for the speedy resdvery of pe>sonaI pro-
• perty wrongfully taken or detained.."
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That in addition to the Action of
action of replevin as now provided by law, when- maintained,
ever any goods or chattels afq or shall be wrong¬
fully taken or detained, a summary remedy as
9—L
130
LAWS OP MISSISSIPPI.
hereinafter prescribed by action of replevin may
be maintained by any person having the right' of
imjnediate possession, for the recovery thereof, and
for the damages sustained by reason of such wrong¬
ful taking or detention; provided such summary
proceeding shall be brought within six months next
after the plaintiffs right of action has accrued, and
not after.
SPc. 2. Be it further enacted, That before any
Proce'din^s wr^ °' repl^vm shall issue as hereinafter pre-
in action of scribed', the plaintiff or his agent or attorney shall
repievm. mak& an(j g]e before a justice of the peace of the
county in which the property may be found, an
affidavit setting forth a description of the property
taken or detained, and that the plaintiff is legally
entitled .to the immediate possession of the same,
.that said property was wrongfully taken, or is
wrongfully detained by the defendant, and that
the plaintiff's right <jf action has accrued within
six months.
Ssc. 3. Be it further enacted, That upon the
making of sack affidavit, it shall be the duty of
Writ0£fre- said justice of the peace to issue a writ of re¬
plevin. ' plevin directed to the sheriff of the county, to the1
following effect: County of —to wit:
Whereas, A. B, has made compliant on oath; '(or
affirmation) before me, n justice of the peace for said
county, that he is legally entitled to the immediate
possession of the following described personal pro¬
perty, t# wit: (here describe it) and that said
property was wrongfully taken (or is wrongfully
detained) by 0. I). the defendant, and that his the
plaintiff's right of action has acerued within six
moliths; now these are therefore in the name of
the State of Mississippi, to require you to take
possession of said property, and also to summon
the said C. T)., to appear at the Court House of
your county, (or sucji other place hs may be fixed)
on'the —- day of , before the justice of the
•county aforesaid, to answer to the complaint afore¬
said, and also to require you to summon eighteen
.good and lawful men of your county being house1
holders therein and Hot of kin to either party, then
gnd there to be attendant upon said justice to try
the complaint _ aforesaid. You are furthermore
iaw3 op mississippi.
131
justice of tie peace for said county, and to require
his attendance at the time and place aforesaid, and
have then and there this writ. Witness my hand
aud seal, this — day of ——, —-J. P.—$eal.
Sec. 4. Be it further enacted, That the writ ' r o
aforesaid shall be directed to'tlie sheriff of the ^m1 re-
proper county, and shall be made returnable .on a turnab'e;&e,
day certain, not less than five, nor more than fifteen
days after its date, and shall be forthwith executed
by the officer, who shall make due. return to the
justices at the time and place therein mentioned of
the manner in which he shall have executed the
same, and when the sheriff shall have taken pos¬
session of the goods'and chattels mentioned in said
writ, it shall be his- duty to deliver the same to th$
plaintiff, upon the plaintiff entering into bond to
the defendant, with sufficient security, in double
tfie value of the property, to be ascertained by the
valuation of the sheriff, conditioned that he will
prosecute the writ with effect, and without delay
make return of the property to the defendant, if
return thereof be adjuged, and pay the defendant
such damages as he may sustain by the wrongful
seeing out of said writ, and also such costs as.
may be awarded against hinq and save harmless
the sheriff for replevying "said property, unless the
.defendant shall enter into bond >vith sufficient
security in like penalty, payable to plaintiff, con¬
ditioned that the property shall be forthcoming to
satisfy the" judgment of the court, and upon the
defendants entering into bond as aforesaid, the
property shall be restored to him.
* Sec. 5. Beit further enacted, That ,said, writ Writ how
shall be served on the defendant five days before sewed,
the return day,, either by delivering him a copy
thereof, or if he cannot be found, by delivering a
copy to any white person of his family above the
age of sixteen years, at his usual' place of resi¬
dence, or if no such person be found, then by
placing a copy in some conspicuous place at his
usual residence, or if the said defendant cannot be
found so as'to bo served in person as aforesaid, tuid
has no place of abode in the county, then it shall be ,
held and deemed a sufficient service for the sheriff to
make return of such facte, and to return that he
132
LAWS OF MISSISSIPPI.
has taken and seized in obedience to the writ, the
property in controversy therein mentioned.
Sec. 6. Be it further enacted, That at any time
subpoenas 'aftor'th,e said writ shall have been issued, it shall
issued 6for be lawful for the justice issuing the same, upon the
witnesses, application of either party to issue subpoenas for
witnesses'requiring them, to attend at thejilacp of
trial before the justices, at the time appointed as
aforesaid, to give evidence on the trial; any sup-
poena so issued, shall be executed in the said man¬
ner and shall have the same force and effect as a
subpoena' issued according to law in a cause de-'
pending in the Circuit Court. . >
_ Sec. 7. Be it further bnactcd, That it. shall be '•
•the duty of' such, justice at the time of issuing
eo^rtNvho sa'1(^ writ, to issue a summons to the clerk of the
to a;t, Probate Court, or clerk of the Circuit Court of
his county, • requiring him to attend the trial of
said complaint, on the day appointed therefor,
and to perform the duties of clerk of the Court,
to be composed of the justices of. the peace sum¬
moned fcr the trial of such complaint, and the said
clerk shalf act as clerk of said Court constituted
•by said justices, and shall keep* a record of the
proceedings, orders and judgments thereof, in a
book to be kept by him for that purpose, and the
said clerk shall issue all process ordered and di¬
rected by said Court of Justices, in same manner
Proces as- ^ie c^er^ Circuit Court are by law re-
iww return- quired to do, and all process issued* by order of
a^e' said Justices shall be tested in the name of
said Justices, and sealed witli the seal of office of
Said clerk, land all writs fieri facias, distringas, <fcc.
ordered under the provisions of this hot shall he
made returnable to the office of said clerk at a day
sixty days from the day of awarding the same;
and the said qletk shall have full power and autho¬
rity to issue all process necessary to the consum¬
mation of any order or judgment of said Court, _
returnable to the office of said clerk, in sixty days '
from the date of such process.
' Sec. 8. Be it further enacted, Tliat it shall be
coup tow the duty of the -justices notified as aforesaid, and
constituted. 0f tjie justice who shall have issued the writ, to
attend at the place appointed for trial, on the day
lavs op "mississippi.
133
specified therein, for the purpose of holding a court
for the trial of the complaint, aforesaid, for which
purpose said justices, if attendant, and if not at¬
tendant, then any two'justices of the county shall
constitute a court, such court shall be considered
as of record ; they shall have power to issue aU
proper process, to bring before them witnesses, Or
other persons, whose 'presence they may lawfully
require, and they, may adjourn from 'day to, day, sherifl to
and tpne to time, till the trial shall be ended. Th'e £ J,*6 n d
sheriff or his ' deputy shall be attendant 011 them ur'
and execute their orders.
Sec. 9. 'Be it further enacted, That when the
justices shall have so -met and formed a court, on Jury how
the day and at the place aforesaid/if it shall ap--ed!pannel~
pear to them that the defendant has been duly
served with the writ, they shall proceed without
further pleadings, in writing, to Cmpannel a jury
for the trial of the complaint aforesaid : the jury
sftall' be composed of any twelve of the persons
summoned as aforesaid, to be selected by lot, to
whom neither party hath any legal exception, or if a
sufficient number of such persons to whom neither
party hath legal exception, be not attend¬
ing, the deficiency. shall be made up of by¬
standers being householders 'of the county, and the
said .jurors shall be, gworn well, and truly to try
the matter in difference between the parties, and
to find a true verdict according to the evidence.
Sec. 10- Be it further enacted, That-when the
jury shall be empaunelled and sworn, the justices Evident
shall then adi|iit before them all legal evidence Admhted>
which shall be offered, as well on the part of the
defendant as of the plaintiff, shall suffer each party
to' be heard by counsel, shall decide all questions
of law which shall be properly submitted to them
in the course of the trial, and shall in all respects
coinduct the trial according to the usages of courts
of law in this State, and in case of mistrial the said New
justices shall order a summons for a new trial re- whenT r'a1'
turnablc at some short day, and then again proceed
with the trial of said cause.
Sec. 11. Be it further enacted, that when the Form of
jury shall have unanimously agreed in their verdict, Verdiut.
they shall return the same in the following form,
134
laws of mississippi.
op to the following effect: If for the plaintiff thus:'
"We, the jury, -find that the plaintiff is entitled to
the immediate possession of the property in the
affidavit mentioned, that his right of action ac-
crued within six months before the, commencement
of the suit, and that the defendant hath wrong¬
fully taken (or detained as the case may be) said
property, and we assess the value of the property
at $ . and also assess the damages of the plain¬
tiffs at $—. If the verdict is for 'the defendant, the
verdict shall be thus : We, the jury, find lor de¬
fendant, and that he is'not guilty of the wrongful'
taking (or detention) of the property in the affi¬
davit mentioned.
Seo. 12. Be it further enacted, That when the
Propsrtv to property shall have been permitted to remain in
to rla!iit?ff possession of the defendant, if the plaintiff
P'am 1 • recover the judgment of the court, spall be
against the defendant and his sureties, that -they
restore' the property to the plaintiff, or pay him
the value thereof, as assessed by the verdict of the
jury, and also fjr such damages as shall have been
assessed by the jury for the wrongful taking or
detention, and the valuation of the sheriff shall in
ali cases under this act be prima facie evidence o(f
the value of the property.
Sec. 13., Be it further enacted, That if the
plaintiff in replevin, to whom the property has
toPbepere^ k8ea delivered, fail to prosecute his suit with effect,
de°fen(Un\°. an<^ ^ie verdict is for the defendant, then the jury
shalj. also assess in their verdict, in addition to the
verdict specified in section ten,. the value of the
property,and the damages sustained by the defen¬
dant, and the judgment of the court shall be against
the plaintiff and his sureties, that they restore the
property to the defendant, or pay him the value
thereof so assessed, and also the damages so as-
when writ sessed, for wrongfully feueing out the writ. If the
plaintiff make default or be non-suited, the defen¬
dant may have a writ of inquiry to assess the value
of the property and the damages sustained by the
wrongful sueing out of the writ, and in the event
of the death of any surety upon such bond before
the termination -of the trial, and the rendition of
the judgment, the rnnvf. may order judgment nisi,
laws op mississippi.
to be rendered against the personal representatives
of such deceased surety, and the party may have
the like judgment upon the finding of the jury
as upon an issue found for him.
Sec. 14. Be it further enacted, If the party ill
whose favor the judgment is given be in possession
of the property in controversy, he shall retain it,
and a writ of fieri facias shall issue for the damages
and costs of suit, and if the property be in pos¬
session of the losing party the execution shall com¬
mand the sheriff to take the property in controversy,
if the same may be had and deliver the same to the a r?d Tlsta
successful party, and if not to be had, that he make how made,
the value thereof together with the damages and
costs, of the goods and chatties, lands and tene¬
ments of the party and his sureties, against whom
the judgment is rendered, or the successful party
may have his distringas to compel the delivery of'
the property together with a fieri facias for the
damages and costs,
Sec, 15. Beit further enacted, If the sheriff is
demnified by taking any property by virtue of a
writ of replevin he may maintain his action for
damages on the bond taken by him frdm the plaintiff
in the name of the payee for his use.
Sec. 16. Be it further enacted, That the bond" Bond how
directed,by this act to be taken in either case shall ^bereTOru¬
be returned by the sheriff, with the writ to the
justice issuing the same, and if the sheriff Tail to
take a proper and sufficient bond, and retupn the
same, or ir the ffiond be adjudged insufficient and
the party giving it, fehall fail if required, to perfect
the same,* the sheriff shall be liable to the party
injured for all damages by him sustained, either by
action of debt on his official - bond, or by special
action on the case: Provided, the parties shall,
have the same right of amendment under this act
'as under the acts providing the remedy by attach¬
ment.
Sec. IT. Beit further enacted, If either party Bond when
in such suit or the sheriff, shall at any time deem deemed m-
the bond taken under this act to be insufficient, sufficient-
such party or sheriff may at any time upon appli¬
cation to the Justice ydio issued the writ obtain a
citation under the signature of such justice, com-
136
laws of mississippi.
manding the principal obligor in such bond to
appear before 'such justice at such time and place
as said justice designate therein, and in term time
also, such party .or sheriff may "proceed by motinn
against such obligor, and in either case the judge
or court, shall after hearing the evidence of the
parties, determine the sufficiency or insufficiency of
such bond, and if the bond given by the plaintiff
shall be adjudged insufficient, he shall give a new
and sufficient bond within thb time limited by the
court or judge, and in default thereof the defend¬
ant shall be entitled to proceed and enter judgment,
or in case the plaintiff should be non-suited or
otherwise make default, and if the bond of the
• defendant shall be adjudged insufficient and he
shall fail to give a sufficient bond within the time
limited by the court or judge, the plaintiff on giv¬
ing bond as by this act directed, shall be entitled to
a judicial writ commanding the sheriff to take the
property;in controversy and deliver the same to
the plaintiff, and thereupon such proceedings shall
be had a? if the property had been delivered to
the plaintiff in the first instance.
Sec. 18'. Beit further enacted, That either party
'aggrieved by the judgment of said justices may,
bePIfad*1 to a^ter final judgment, appeal to the Circuit Court
circuit of the county, on the appellant entering into bond
our' and security in the presence of the justice before
vthom the complaint originally made, or one of the
justices who tried the case and the clerk acting on
tire trial of said cause, to be attested by said clerk
and approved by said justice, in a penalty of two
hundred dollars, to be paid tb the opposite party,
conditipned for the payment of the costs, before
such justices, and all costs that may accrue in Cir¬
cuit Court, in case the appellant fail therein, but
no appeaj taken from any proceeding or .judgment
ugder this act, shall operate as a supersidias, and
the said justice or clerk shall send, to the Circuit
Court all the papers and proceedings, and a trans¬
cript of all the orders and judgments in said cause,
and> shall deliver the same to the Clerk of the
Circuit Court to be then docketed for trial, and
the said Circuit Court shall at the first term cm-
panel a jury and hear and determine the said pause
LAWS OF MISSISSIPPI.
137
anew1 on its merits 10. a summary way and may
award restitution if necessary and make such other
judgments and orders as the law and justice of the
case may require.
Sec). 19. Be it further enacted; That in all
appeals to the Circuit Court under this act, the mayrdq^i
said court on motion of the appellee may inquire new bond,
into the sufficiency of the amount of the appeal bond
and the sureties thereon, a'nd may require a new
bond or additional sureties, on pain of dismissal of
the appeal.
Sec. 20. Be it further enacted, That the Clerks bills of cost
of tile Circuit Courts are hereby required to tax
in the bill of costs, after final judgment, all the costs
that accrue on the trial before the justices, in all
oases herein provided for, and include the saipe in
the fieri facias by him to be issued for the costs
accruing in the Same case in the Circuit Court.
Sec. 21. Be it further enacted, That every juror
or justice of the pehce or clerk summoned to attend ^ Juror, pe-
the justices aforesaid, and failing to attend without aon-aftend--
suffioient cause, shall be liable to a fine of twenty ance-
dollars to be imposed by said justices, for the use
of the county, and the clerk of said justices shall
issue a scire facias against such defaulting juror or
justice of the p&ice or clerk, returnable to the next
term of the Circuit Court, to show cause why Said
fine should not be made final, and execution shall
issue from said' Circuit Court therefor: Provided,
if the clerk named in, the writ fail to attend the
trial the justices may appoint a clerk to act pro
tempore.
Sec. 22. Be it further enacted, That the justices'
holding said court and the sheriff and clerk oarers of
attending the same, shall each be entitled to three Court> Fees-
dollars a day for attending the trial, and all other
fees of jurors, witnesses and officers, for services
rendered in relation to the proceedings and trial
aforesaid, shall be the same as fees for similar
services rendered in the Circuit Court in a*suit at
law touching similar property, and shall be taxed
in the costs.
Sec. 23. Be it further enacted, That the justice
before whom the complaint is made under this act, payment1 ®f
mav before issuinc anv process, renuire the plaintiff<:osts-
138
laws of mississippi.
•to give bond with security for the payment of costs,
and in case judgment shall go against the plaintiff,
.judgment shall be entered against liirn and the
sureties on his bond for the amount of the costs.
Seo. 24. Be it further enacted; That where any
county may be divided into districts for holding
Circuit Court, the justice issuing the writ may
Courts. ng designate in the writ, either place of holding the
Circuit t Court as the place of trial of the suit
begun under this act, fixing the trial in that dis¬
trict in which the defendant may reside, if he resides
in either :• Provided, however, if frorii invasion by
the enemy, or apprehended danger of invasion, or
from other sufficient cause, the justice issuing the
writ should be of opinion that it would not be safe
to fix the place of trial at the county seat or other
place of holding the Circuit Court in the county,
then such justice shall in said writ designate some
other place of trial in said county of said cause.
Seq. 25. Be it further enacted, That the juris¬
diction herein conferred upon said justices, as a
ofTustices! court, shall only be concurrent with the jurisdiction
of the Circuit' Court in actions of replevin as
heretofore provided by law.
Sec. 26. Be it further enacted, That this act
shall take effect from and after its passage.
Approved December 3, 1863.
CHAPTER XX.
AN ACT to suspend the Levee Tax authorised to be assessed
by the Boards of Poliae of the Mississippi. River Levee ^District.
Section 1. Be it enacted by the Legislature of
the State of-Mississppi, That all acts or parts of
acts authorizing or empowering the boards of
Police of the counties of DeSoto, Tunica, Coahoma,
Bolivar, Washington or Issaquena, to assess# and
collect a levee tax, be and the same are hereby sus¬
pended without pi'ejudice to the claims of any one
tin til such time as the Legislature may regard
proper that the collection of levee taxes shall be
resumed.
Approved Novembw 35)
LAWS Of MISSISSIPPI.
C [IAFTER XXL
AN ACT tn relation to Overseers of Public Roads on the boun¬
dary line between tvro or more owners of land.
Section 1. Be it enacted by the Legislature of
the State ol Mississippi, That when it shall become
necessary to use timber for the repairs of any road
running on the boundary line between two or more
owners of timber on different sides of the road, it
shall be the duty of the overseer to apply to each
owner, of timber for an equal portion necessary,
and if the proprietor or proprietors shall refuse to
permit their timber to be so used, it shall be lawful
for the overseer to.proceed as in manner prescribed,
in art. 39, section 8, of the Revised Code.
Sec. 2. Be it further enacted, That this act shall
take effect from and after its passage.
Approved December 18, 1863.
CHAPTER XXII.
AN ACT to authorize ■ the State Treasurer to receive from the
delinquent Tax Collectors of the several counties in this State
the military bonds or notes falling due the, 1st of June, 18CB
and 1864, iq payment of the amounts due from them on
account of the Military Tax for the year 1861.
|l
• Section 1. Beit enacted by the Legislature of
the State of Mississippi, That the Treasurer of the
State, be and lie is hereby authorized to receive
from the delinquent Tax Collectors of the several
counties in this State the military bonds or notes
issued by an ordinance of the Convention for the
purpose of raising a military fund in the State, and
falling due the 1st of June, 1883, and 1884, allow¬
ing interest on said notes to June 1st, lb62„in
payment of the amounts due from them on account.-
of the Military Tax of the year 1861. And if'said
delinquent Tax Collector shall within ninety days
from the passage ,of this act, promptly pay into the
Treasury the amounts due from them respectively
in said bonds, notes or gold and silver, the Treas¬
urer is hereby authorised to release Said collector
LAWS OF MISSISSIPPI.
from the statutary damages for failing to make full
payment as was required by law, and the Treasurer
is required to allow and pay all commissions to
said Tax Collector which may have been detained
on account of such delinquency.
Sec. 2. jBe it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 9, 1863.
CHAPTER XXIII.
AN ACT to provide for the payment of tfaims of deceased
soldiers.
■ Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Quartermaster
J&eneral of the State of Mississippi, or any Assis¬
tant Quartermaster who may be assigned to that
.duty, be and is hereby authorized to audit and if
found to be a just charge against the State, to pay
all past and fixture claims of deceased soldiers,
whether officers, non-commissioned officers 'or pri¬
vates, for active military service rendered this State
upder .any ordinance, law, or resolution of this
State : Provided, the sum paid shall be the same as
authorized by the ordinance, law or resolution,
under which they "were called into active service,
and that this act take effect from and after its.
passage.
Approved December 9, 1863.
CHAPTER 5XIV.
AN ACT for the relief of Families of Soldiers in the counties
thereie mentioned andjfor other purposes
Whereas, In the distribution of appropriations
made by previous legislation for the relief of fami¬
lies of soldiers, the counties of Winston, Pontotoc,
Monroe, Lafayette, Irtawamba, -Harrison, Adams,
Coahoma, CaihQun and Simpson, failed to receive
the amounts" respectively to which they were
laws of mississippi,
141
enticed't and whereas, there Still remains in the
Treasury of said appropriation a sum sufficient, to
make up to said counties.their full share thereof
and it appearing satisfactory to this Legislature
that the said counties are still justly entitled to the
amounts hereinafter specified : therefore,
Section 1, Be it enacted by the Legislature of
the State of Mississippi, That the Auditor of Pub-«
lie Accounts is hereby authorized and required to
issue his warrant on the Treasurer of the State in
favor of the County Treasurer of Winston county
for the sum of {$4,830 89) four thousand, .eight eo™ty.ston
hundred and thirty dollars and eighty-nine cents;
of Pontotoc county for the sum of ($14,536 59). P>ntotoc.
fourteen thousand five hundred and thirty-six dol¬
lars and fifty-nine cents ; of Monroe county foi» the "Monroe,
sum of ($2,345 17) two thousand three hundred
and forty-five dollars and seventeen obnts ; of Ita- Itawamba,
wamba county the sum of ($7,9'22 07) seven thousand
nine hundred and' twenty-two dollars and seven
cents ; bf Lafayette county the sqrii of ($8,862 50) Lafayette,
eight thousand eight hundred and-sixty-two dollars
and fifty cents; of Harrison' cbunty the sum of Harrison.
($2,758 00) two thousand seven hundred and fifty-
ciglit dollars; of Adams county the sum of ($6,- Adams.
710 50) six thousand seven hundred and' ten dol¬
lars and fifty-five cents ; of Coahoma county the. Coahoma,
sum of ($4,043 76)-four thousand and forty-three
dollars and seventy-six cents ; of Calhoun county caihoun.
the sum of ($6,526 00) six thousand five hundred
and twenty-six dollars, and of Simpson comity for Simpson,
the sum of ($3,451 89) three thousand four hundred
and fifty-one dollars and eighty-ninC cents, to be
paid out of the appropriations hereinbefore recited:
Provided, that the Governor is hereby authorized
and enjppwered,, at his discretion, to direct in
writing the said Auditor to issue his warrant upon
the Treasurer of the State for either or all or any
part of the foregoing gums in favor of such person
or persons other than the County Treasurer, as he
the Governor may select to receive the same for
the counties respectively entitled thereto: Pro¬
vided further, that should any county fail or'neglect
to make a return to the Auditor's Office, as provided
for in the bill passed by this Legislature, entitled
LAWS OF MISSISSIPPI.
♦
** An jlct better to provide for the families of our
'soldirs," of.the .number of persons in such County
entitled to the benefits of said act, then as to
such county the distribution of the appropriations
made by said recited act shall be as near a may be
upon the basis in said act prescribed for "the first
distribution under it as the same is corrected by'
this act.
Sec. 2. Be it further enacted, That the Gover¬
nor shall have authority to superintend the drawing
and disbursement of the foregoing sums of money
and of any other sum or sums, appropriated by
the Legislature for the benefit of indigent soldiers,
their families and dependants, and to do in relation
thereto whatever he may believe will be necessary
to Secure the faithful application of said sum or
♦sums, of money to the purposes for which they are
intended.'
Approved December 186B.
CHAPTER XXV,
AN ACT to authorize the Probate Clerks in this State to record
an w any deeds brother instruments required byJawtobe
recorded, when the records have been lost, mutilated or
destroyed.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That it shall be the duty
of the Clerks of the Probate - Courts in this State
to record anew any deeds or other instruments, or
a duly certified copy thereof with the 'certificates
of acknowledgements and of record thereto, which
has been recorded heretofore in the office of said
Clerk : Provided, the original record of such deed
or other .instrument has been lost, mutilated or
destroyed, and such records anew as aforesaid, or
a duly certified copy thereof, shall be as good and
effectual in law or in equity, as the, original record
might or could have been.
Sec. 2. Be it further enacted, That the recording
anew of any instrument authorized by the first
section of this act to be recorded, shall be prima
facie evidence that the original records have been
lost, mutilated or destroyed.
LAWS OP MISSISSIPPI.
143
Sec. 3. Be it further enacted, That when any cierk to ad-
Probate Clerk in this State, owing to the loss, ^th^wheni
mutilation or destruction, of the. record, of any
deed or other instrument in' writing required by
law to be recorded, is uncertain as to the genuine¬
ness of the instrument presented to be recorded, he
is hereby authorized and required to administer air .
oath to the person seeking to have said instrument
re-recorded, as to its genuineness before re-record¬
ing the same, and' any person seeking to have any
deeds or other instruments re-recorded who shall
swear falsely as to any materil fact in the premises,
shall be liale to indictment, and on conviction, shall
suffer all the pains and penalties now annexed by
law to the commission of the crime of perjury.
Sec. 4. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 8,1863/
"CHAPTER XXVI.
AN ACT to encourage trie manufacture of Cotton and Wool
Cards in this State.
Section 1. Bo it enacted by the Legislature of
the State of Mississippi, That each individual or
company, who shall manufacture merchantable cot¬
ton and wool cards in this State, shall receive a
bonus of five dollars for each and every pair so
manufactured and sold to citizens of this State.
Sec. 2. Be it further enacted, That this act
shall continue and be in force for two years alter
the first January next: Provided, That this bonus
shall not exceed six hundred dollars a week to any"
one person or company. *
Sec. 3. Be it further enacted, That said bonus
shall-be paid out of any money in the Treasury not
otherwise appropriated, and the Governor is hereby
authorized to issue his warrants for the same, on
the certified account of sale of the manufacturers,
accompanied by the receipt of the persons pur¬
chasing the same i Provided, That the cards shall
144
laws op mississippi.
not be sold for more than twenty dollars per pair,
.and to no persons but citizens of this State.
Sec. 2, Be further enacted, That this act take
effect and be in force from and after its passage.
'Approved December ,9, 1863. .
CHAPTER XXVII.
an ACT to ftrooure Cotton and Wool Cards for indigent fami¬
lies of soldiers and citizens pf this State.
Section 1. Be it enacted by the Legislature of
Appropria- ^ie State of Mississippi, That the sum of one
ti on how hundred thousand dollars be and the same is hereby
disposed 01* •>
appropriated out of any money in the Treasury
and the same is hereby "placed at the disposal of
the Governor for the purpose of securing a sufficient
supply of cotton and wool .cards for the families of
soldiers and citizens of this State, and in all cases
the families of soldiersMiall be first supplied at the
prime cost of cards soTurnishecl, indigent families
to be first supplied gratis, with one pair of cotton
or*wool cards as they may elect* Soldiers whose
families are able to purchase and pay for the cards
shall be supplied in like manner on paymen^ thercior
with ten per cent, additional to the prime cost of
,such cards as he, she or they may select; should
there bo on hand auy number of -cards after -up-
plying all the persons in qnv county contemplated
by this act, it shall be the duty of the President of
the Boards of Police of such county (0 advertize
and sell such surplus at public action, first giving
twenty-days notice by posting in each police dis¬
trict, and'no person shall be allowed to purchase
by hipaself or any Other person for him . or her,
more than three pair of each kind of cards, and no
sale shall be made at less than twenty-five per cent,
advance on prime cost, except to the indigent
families of .eqidjergs, who may purchase one pair
each for their own u^e at prime cost.
SEC. 2. Be it further enacted, That the cotton
Cards, how and • wool ca^ds that may be procured under the
18n Ue ' provisions of this act, shall be distributed by the
laws op mississippi.
145
Governor to the Boards of Police „of the various
bounties in proportion to the number of .indigent
families in each county, to be delivered by> said
boards to the wives, widows and mothers or orphan
female children of indigent soldiers of this State
or the Confederate States, so that each family shall
have onp pair of cotton or wool cards, as they may
elect.
SeC. B. Be it further enacted, That the Governor governor
is hereby ^authorized to contract with any responsi- co'u-act
manufacturer of cotton or wool cards, or both,
with sufficient bond .and security to deliver a suf¬
ficient number, or a specified part. thereof, to be
named jn the bond, with sufficient penalties for
failure to comply with his contract, or the Govern¬
or may purchase cotton to be exchanged or sold
for the purchase of cards for the purposes
contemplated by this act: Provided, the'agent or
agents, appointed by the Governor for the purchase
or exchange of cotton for cotton or wool cards,
shall first take 'an oath for 'the faithful discharge.of
the duties of his office, to be filed in the Executive
Office, and shall also be required to give bond and
security in the sum of twenty thousand dollars for.
the faithful performance^ the trust reposed in
him.
Sec. 4. Be it furiher enacted, That it shall be
the duty of the Board of Police tb pay over the re^Teated
proceeds of the sale of cottoh and wool cards in iu cards'
their several counties, within twenty days after the
sale of such cards as may be sold in their county,
and the money so paid into the Treasury may be
reinvested as directed by this act, in purchase and
distribution of cotton and wool cards until a suf¬
ficient supply of both is procured and distributed
for the use of the citizens of this State.
Sec. 5. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 9, 1863.
10—L
148
LAWS OF MISSISSIPPI.
CHAPTER XXVIII.
AN ACT to encourage the manufacturing of Wine from the
native grape.
Section .1. Be it enacted by the Legislature of
the State of Mississippi, That it shall be lawful for
any citizen of this State, who may hereafter manu¬
facture wine from the native grape, to sell the same
by the bottle or wholesale, without obtaining a
lic'erise or being taxed for the same.
Sec. 2. Be it further enacted, That the first.
section of this act shall not apply to persons who
buy said wine to sell again.
Sec. 3. Be it further enacted, That if any person
shall under the provisions of this act, sell or at-
adufteratfon tempt to sell any adulterated wine, in less quantities
than" a gallon, such person shall suffer all the pains
and penalties now provided by law for selling wines
and spiritous liquors in less quantity than a gallon,
besides forfeiting double the value of all adulter¬
ated liquor so sold or attempted to be sold, to be
recovered'in a, court of competent jurisdiction, in
the. name of any person informing, the, proceeds
thereof to paid over to the County,Treasurer and
to be used for the benefit of the indigent families
of soldiers, residing in the couhty-where the suit is
successfully prosecuted.
Sec. 4. Be it further enacted. That this act
take effect and be in force from and after its passage.
Approved, December 9, 1863.
CHAPTER XXIX.
an act compelling Railroad Companies to be responsible for
freight and baggage.
Section I. Be it enacted by the Legislature of
the State of Mississippi, That the Railroad Com¬
panies in this State shall be liable as common
carries for the transportation of all freights and
baggage. received by them, any obligation which
may be entered into between said Railroad Com-
LAWS OE MISSISSIPPI*
147
panics and otlier parties to the contfary notwith¬
standing. • ,
Sec. 2. Be it further enacted, That this act take
effect and be in force frotn and after its passage.
Approved, December 9, 1863.
CHAPTER XXX.
AN ACT to amend Article 32} Section 8, of the Revised Code.
Section 1, Be it enacted by the Legislature of
the State of Mississippi, That if any master, hirer, aiiowItf
employer, or other person having control of a slave, trad«-
shall license or permit such slave to go at large'
and trade as a free man, the person so offending
shall be liable to be indicted therefor, and on con¬
viction shall be fined in the sum of five hundred
dollars and shall be imprisoned in the County jail Penalty,
not more than sixty days, and if after conviction
such slave be found going at large and trading as
affreeman, the master," employer, or other person
having control of such slave, shall be liable to a like
prosecution and penalty, and so, after conviction
as often as such slave shall be found going at large
and trading, and the fact that such slave is found
going at large, shall be sufficient -proof that the
master, hirer, employer, or other person having'
control of such slave, gave such license" or permis¬
sion. ' * '
Sec. 2. Be it further enacted, That-no master,
employer, oi; other person having control of a aifowedsnto
slave, shall permit such slave to keep horses and or carriages
vehicles, or. either, for the purpose of hiring them
out, and if any master, employer, or other person
having control of a slave, shall permit such slave
to keep horses and vehicles, or either, for the .pur¬
pose above named, he shall be liable to indictment,
and upon conviction he shall be fined in the sum of
five hundred dollars and be imprisoned in the
county jail for not more than sixty days, and the
fact that such horses arid vehicles, or either, are
148
laws op mississippi.
found under the control of such slave, shall be suf¬
ficient evidence of a violation of this section.
Sec. 3. Be it further enacted, That this act shall
take effect and be in force from and after the first
day of January, 186 L
Approved, December 8, 1863.
CHAPTER XXXI.
AN ACT to authorize the removal of the ReeDrds, Books and
Papers belonging to any Court of Record, and for other par-'
poses.
Sec. 1. Be it enacted by the Legislature of the-
State of Mississippi, That in all cases in which
there may be danger of the Joss or destruction of
the records, books and papers pertaining to any
Court of Record in this State, from *any invasion
of the enemy, it shall be lawful for the clerk there¬
of, upon the direction of the court or any judge of
the court, or in case of immediate threatening dan¬
ger, without such direction, to remove said records,,
books and papers to some place of safety and secu;
rity, either in the State^or out of it, where the same
shall be taken care of by said clerk, until the dan¬
ger has ceased to exist • at which time it shall'be
the duty of the clerk, upon the order or direction
of the court or any judge thereof, to return said re¬
cords, books and papers to the proper office of the
court to which they belong.
Sec. 2. Be it further enacted, That the Legis-
Legaiizing lature hereby ratify, legalize and approve the
sammrfLiv- conduct of Samuel Livingston, the clerk of the
nig3t»n. High Court of Errors and Appeals, in removing in
the month of May'last, the records, books and pa¬
pers belonging to the office of the clerk of the High
Court of Errors and Appeals; and it is hereby
made the duty of feaid Livingston to take care of
and preserve said records, books and papers, until
the same are returned to the proper office of the
.clerk of the High Court of Errors and Appeals,
which shall- be done on the ordey or direction of
said court or any judge thereof.
laws op mississippi.
149
Sec. 3. Be it further enacted, That there shall apf*repria-
be paid to the said Livingston the sum of two hun- tl0u'
dred and five dollars, the money expended by him
in removing said records, books and papers, and
'also the further sum of three hundred dollars for
his laber and time in removing, the same, making
together the sum of five hundred and five dollars,
which shall be paid, out? of any money in the treas¬
ury not otherwise appropriated.
. SeO. 4. Be it further enacted, That the sum of Sealtobe
one hundred dollars is hereby appropriated put of made. ° e
>any money in the treasury not otherwise appropri¬
ated to be used by the sai$ Samuel Livingston in
having a new seal of office made .and engraved
for said High Court of Errors and Appeals, which
seal oT office shall be similar to that heretofore usqd,
and until said new; seal (5f office is made, it shall be
lawful for the clerk of said High Court of Er¬
rors and' Appeals to use his private seal, in issuing
process and certifying the records of said court.
Sec. 5. Be it further enacted, That all expenses
which have been heretofore, or may be hereafter Boards of
incurred, in removing the records, books and papers £
belonging to any court, shall be paid % the Boards movah* re
of Police of the respective counties in which said
courts are held, except expenses*incurred in.remov-
ing the records &c. of the High Court, which shall
be paid out of the money in the State Treasury,
and it shall be the duty of the Auditor to issue Ids
warrant for the same on the production by the
clerk of an order of the High Court of Errors and
Appeals allowing the same.
Sec. 6. Be it further enacted, That this act shall
take effect frOm and after its passage.
Approved December 9, 1863'. .
CHAPTER XXXII.-
an ACT to exempt County Treasurers from military duty.
Section 1. Be it enacted by the Legislature nf
the State of Mississippi, Tlmt the County Treas¬
urers, Receivers and Reffistefs of the Land Offices,
laws of mississippi.
be and they are hereby exempted from military
duty.
Sec, 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 9, 1863.
.CHAPTER XXXIII,
AN ACT to regulate the pay of Registers and Receivers of the
several Land .Offices of this State.
Section 1. Beit enacted by the'Legislature of
the State of Mississippi,. That the Registers and
Receivers of the several Land Offices of this State
shall be allowed the present salary now provided
by law of five hundred dollars per annum and ten
per cent, commissions on all monies received for
lands sold in lieu of the percentages now pre¬
scribed : Provided, That said salary and commis¬
sions shall not exceed the sum of two thousand
dollars a year, and that no fund shall be charged
for the payment of said salary but that arising
from the proceeds of the sales of lands at the re¬
spective offices where such compensation is claimed,
and all acts in conflict with this are hereby repealed.
Sec. 15. Be it further enacted, That this act
shall take effect and be in force from and after the
first day of January, 1864'.
Approved, December 9, 1863.
CHAPTER XXXIV.
AN ACT to provide for the exemption of certain officers from
service in the Provisional Army of the Confederate State.
«
Whereas, An act of Congress, approved May
1st, 1863, entitled " An act to repeal certain clauses
of nn*a.ct entitled an act to exempt certain persons
"from military service, &c., approved 11th October,
1862," provides in section lour in addition to the
State Officers exempted by the act of October 11th,
1862, there shall alsoJbe exempted all State Officers
LAWS OF MISSISSIPPI.
151
.whom the Governor of any State ,may claim to
have exempted for the due administration of the
"government and laws thereof: but this exemption
shall not continue in any State after the adjourn¬
ment of "the next regular session of its Legislature,
unless such Legislature shall by law exempt them
from ipilitary duty in the Provisional Army of the
Confederate States ; therefore,
Section 1. Be it enacted by the Legislature of Governor
'the State of Mississippi, That in addition to the ™^ede^~
State Officers now expressly exempted by tile laws are exempr.
of the Conlederate States of America from military
duty in the Provisional Army of the Confederate
States, all officers whom the Governor ot this State
may claim as necessary for the due administration
of the government and laws thereof, including such
clerks in the. various State Departments as are
authorized by law, are also hereby exempted from .
duty in the Provisional Army.
Sec. 2. Be it further enacted, That when the
right of exemption of any officer or clerk, provided Evidence
for in* the above section is questioned by any Con- tionfxemp "
federate officer authorized to enroll such persons
as are liable to service in the Provisional Army of
the Confederate States, the certificate of the
Governor shall be sufficient evidence to said officer
of his right to exemption.
Sec. 3. Beit further enacted,. That it shall be
the duty of the Secretary of Stale to forward
without delay to the Secretary of War of the
Confederate States a certified copy of this act,
i also a copy to our Senators and Representatives in
Congress. '
Sec. 4. Be it further enacted, That this act take
effect from and after its passage.
Approved December 9,1863.
CHAPTER XXXV.
AN ACT for the relief of the Mississippi State Troops cap¬
tured atVicksburg.
Section 1. Be it enacted by the Legislature of Pay of.
the State of Mississippi, That the Mississippi State
152
law3 of* mississippi.
troops, captured at Vicksburg, be paid by the Stata
of Mississippi to the twenty-first day of Septem¬
ber, eighteen hundred and sixty-three, that being
the time-of their discharge,. the same pay as is al¬
lowed Confederate troops.
Sec.. 2. Be it further enacted, That the Quar¬
termaster-General of the State is authorized and
instructed to pay, or c^use to be paid, said .troops,
agreeable to the provisions of the first section of
this act.
Sec. 3. Be it further enacted, That the Quarter¬
master-General be and he is hereby authorized and
instructed to audit, or cause to be audited, all in¬
formal claims for pay due the soldiers, and al,-such
claims "when ascertained to be correct and just,,
shall be paid pff by the Quartermaster-General in
like manner as any other claim.
Sec. 4. Be it further enacted, That this, act take
effect from and after its passage.
Approved December 9, 18"3.
CHAPTER XXXVI.
AN" ACT for the disposition of Aliens residing within the lim¬
its of the State of Mississippi.
Whereas, during the war between the Confede¬
rate States and the United States, there has been,
and di? now, a great number of aliens in this "State,
who by reason of exemption papers received from
consuls of the country of their nativity, claim that
they are not compelled or required to do duty in
the army of the Confederate States; and whereas,
a large majority of such persons are carrying on
an illegitimate trade with the enemy, and are ex¬
tortioning upon our people : Therefore,
Sec. 1., Be it' enacted by the Legislature of the
Aliens to State of Mississippi, That all aliens residing within
ufforeSti8t ^6 limits of this State between the ages of eighteen
March, 1804: and forty-five years, shall volunteer in the military
service of the Confederate'States, on or before*the
first day of March, 1864, or be compelled to leave
this State, and all persons in military authority .
laws op mississippi.
153
having power.to do so are hereby respectfully re¬
quested to grant passports to all aliens who refuse
to volunteer in the'military service of the Confede¬
rate States, in conformity with the provisions of
this act : Provided, however, that the provisions
of this act shall not extend or be applied to any
alien residing in this State now exempt or who
may hereafter be exempted from military service
in the army of the Confederate States, upon any
other ground than that of alienage.
Sec. 2. Be it further enacted, That all aliens
under the age of eighteen and over the age of forty
five years, shall be liable to do duty in the; militia m "ia u r'
of this State, on the same terms and in the same
manner that native born citizens of like age are.
Sec. 3. Be it further enacted, That the Governor
of this- State be and he is hereby respectfully re¬
quested to issue his proclamation to all persons
falling within the provisions .of this act requiring
them to "vqlunteer in the military service of the
Confederate States, or to leave this State as con¬
templated and required by the provisions ©f this
hct.
Sec. 4. Be it further enacted, That this act take
effect from and' after the first of March, 1864.
Approved, December*8, 1863.
CHAPTER XXXyil.
4
AN ACT amendatory of the Revenue Laws of this State. ,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That hereafter,, commencing
with the fiscal year 1864, the following taxes shall
be assessed and collected within this State, to-wit:
Twenty cents on every one hundred dollars of
money on hand and value of all credits; twenty
cents on every one hundred dollars in value of all
money loaned at interest by individuals, or em¬
ployed by them in the purchase of Confederate or
other bonds, bills, notes or 'other securities for
money, and a like tax on the amount of gross sales
of go&ds, wares and merchandize,, foreign or do-
154
LAWS OF MISSISSIPPI.
essed° as" raes^c)so^ by regular merchant3 : Provided, noth-
esse ' irig in this article- shall be so construed as to
exempt merchants who may purchase goods in this
State, from the payment of such county tax as may
Amount of be legally assessed for county purposes ; forty
cents on every one hundred dollars in value of all
bank stocks subscribed in anv incorporated banh
in this State, not exempted from taxation, to be
assessed to such bank ; one per cent, on every one
hundred dollars of amount of sales of merchandize,
provisions and other articles of food for man or
beast, sold by transient vendors ; one per- cent, "on
all sales of goods, wares and merchandize sold by
resident auctioneers who are citizens of this State,
sent to said auctioneers from out of this State; three-
fourths of one per cent, on sale of goods, wares
and merchandize, by resident auctioneers who. are
citizens of this State, sent to said auctioneers from
within this State, belonging to citizens of this
State, three per cent, on the amount of sales
of merchandize sold by a hawker or pedlars;
ten per cent, on amount of sales of spirftous
or distilled liquors, sold by the gallon1 or large
quantities; fifty cents on, every -one hundred
dollars of sales of slaves, horses and mules, sold by
any trader or other person keeping and offering
the same as merchandize ; two per cent, on amount
of bank paper of any other State sent or brought
into this State, by any corporation issuing the same,
' for the purpose of being loaned or put m circula¬
tion by way of loan or brokerage, or in the' pur¬
chase of bonds, notes, *or bills of exchange ; on
each circus for each days performance, twenty-five
dollars ; one per cent, on every one hundred dol¬
lars in value of each pleasure carriage, watch or
clock, except such as are kept fo.r sale By merchants
or citizens ; fifty dollars on each alley hept for
public play, whether called a nine or ten pin alley
or by any other name; twenty-five dollars on each
theatre or place where theatrical performances are
exhibited; twenty-five dollars on each race track ;
three cents per head on all cattle ; one per cent,
on every one hundred dollars in'value of each race,
saddle or carriage horse or mule, and each horse
or mule kept by keepers of livery stables foi* hire ;
laws op mississippi.
155
one per cent, on each one hundred dollars in value
*of all gold and silver plate, diamonds and jewelry
over fifty dollars in value ; fifty cents on every one
hundred dollars in value of each piano ; fifty cents
on every one hundred dollars of the anhual re¬
ceipts of each ferry, toll bridge or turnpike ; a poll
tax of five-dollars on Overy free colored male per¬
son between the ages of twenty-one and fifty years;
one dollar on »each free white male person between
the ages of twenty-one and sixty years, who is not
engaged in the naval or military service of the
State or Confederate States; twenty cents on
every one hundred dollars in' value oi all slaves to
be valued as follows : all slaves under fifteen years
old to be valued and assessed at 1250 each, all
male slaves fifteen years old and under forty-five
years to be valued and assessed at $10< 0 each, all
female slaves fifteen years old and under forty-fivd
to be valued and- assessed at. $700 each, all slaves
forty-five years and under sixty years,- $250 each,
all" slaves sixty years old and over that age shall
be exempt from taxation ; twenty cents on every
one hundred dollars of railroad stock not exempt
from taxation and which pays three per cent, per
annum ; five cents a pound on allseed cotton raised
hereafter over one bale of five hundred pounds of
lint, to each hand employed in its cultivation, shall
be levied and collected under this act during the
existence of the war.
Sec. 2. Be it further enacted, That it shall be Me#hani
the duty of the tax assessors in the several counties when to be
in this State to require^ of each and every person taxed"
who has claimed exemption under the act of Con¬
gress authorizing exemptions of certain persons
from conscription upon condition, they shall work
at their trades and charge not exceeding seveiity-five
per cent, profit above the oost of labor and material
used in producing the articles of their trades to
give in on oath the amount of money received by
him or them over and above the seventy-five per
cent, allowed by law, and on such excess he shall
assess a tax of fifty per cent, to be collected as
other taxes are now collected by law.
Approved December 9, 1863.
156
laws op mississippi.
CHAPTER XXXYIII.
AN ACT to provide for the punisbmeqt of parties falsely re¬
presenting themselves as government agents.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, 'That any person or as¬
sociation'of persons within the limits of this State,
falsely representing himself or themselves as agent
or agents of the Government of the Confederate
States, or of any State of said Confederate States,
or of any Quartermaster or commissioned officer
of the Confederate States, or of any State thereof,
for the purchase of any article or articles whatsoever,
,shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be fined not less than five
hundred nor more than five thousand dollars, or
'.imprisoned in the county jail not less than three
months nor more than one year, or both, at the
discretion of the Court trying the same.
" Approved Dec. 8, 1863.
CHAPTER XXXIX.
«
AN ACT to punish parties making illegal seizures and im¬
pressments in this State.
Section 1. Be it enacted by the Legislature of
Persons the State of Mississippi, That any person who shall
ofhiarcen^y falsely represent or pretend, that he has lawful au¬
thority as an agent or officer of the State or Con¬
federate States Government or authorities, to seize
and impress any personal property, and in such
assumed character .shall take or receive any such
property, shall be held guilty of larceny, and' upon
convictipn, "fie punished in the same manner and to
the same extent as for feloniously stealing the pro*
perty so taken or received.
Sec. 2. Be it further enacted, That any person
who shall wilfully and without a bona fide claim
of ownership, take possession of any personal pro¬
perty of another, and convert the same to his own
use,'or otherwise dispose of the same, without con-
laws of mississippi.
157
sent of tlie owirer and without lawful authority,
and when such taking is not by the existing law or
by section one of this act declared to be robbery
or larceny, shall be held* guilty of larceny, and on
eonviption ■ shall be punished in the same manner
and to the same extent as for feloniously stealing
the property so taken.
Sec. 3. Be it further enacted, That apy person
having lawful authority as an agent of the State When guil_
or Confederate States Government or authorities, tyofmisde-
to make seizures and impressments under the im- topping!
pressment laws of such Government or authorities,
who shall seize and impress any property or goods,
exempt from seizure and impressment by said laws,
shall be guilty of a misdemeanor, and upon con¬
viction .shall be punished by imprisonment in the
county jail, at the discretion of the Court, and
fined in a sum double the value of the" property
seized or impressed, to be paid to the use •of the
party to whom it belonged.
Sec. 4. Be it further enacted, That any person. 0fficer
lawfully authorized to make any seizure or "impress- give copy of
ment under and by virtue of the impressment Jaws C0mmibS1011
of the State or the Confederate States, shall before
making any sefture or impressment of any proper¬
ty, give to the party in possession of the property
he wishes to impress or seize, or to his agent or
attorney, the true name and official rank or office,
in writing, of him, the said person about to make
such seizure and impressment, and. shall ajso give
to such person, his agent or attorney, a copy, in
writing, of the ordor, commission or authority by
which he is empowered or directed to make,such
seizure or impressment; and if any seizur.e or im¬
pressment is made without the true name and offi¬
cial rank or office, and a copy of the authority in,
writing being so given, the party making such sei¬
zure or impressment shall be guilty of a misde¬
meanor, and on conviction shall be punished by
imprisonment in the county jail, at the'discretion
of the Court, and fined in the sum of one hundred
dollars for each offence. ,
Sec. 5. Be it farther enacted, That any person Property
lawfully empowered to make any seizure or impress- how paid
ment shall, before taking away Or removing the or"
158
LAWS OP MISSISSIPPI.
property seized or impressed, pay to the party
whose property is seized or impressed, the compen¬
sation he is by law entitled- to demand according
to ,the provisions of the impressment law under
which the property is seized or impressed, which
compensation shall be paid in notes or bonds of the
Confederate States, or in notes issued by the State
of Mississippi, or if the person making such sei¬
zure pr impressment is not in possession of funds
sufficient to make such payment at the time, then
in lieu thereof, he shall* deliver to the party, his
agent or attorney whose property is seized and im¬
pressed, a certificate of such seizure and impress¬
ment, in such legal form as will enable the party
on presenting the same to any officer or agent em¬
powered by law to make payment for goods seized
and impressed, to obtain payment of the same, and
any person! making any seizure or impressment
without complying with the provisions of this sec¬
tion shall be guilty of a misdemeanor, and on con¬
viction shall be imprisoned at the discretion of the
Court, and fined in the sum of one hundred dollars
for each offence.
, Sec. 6. Be it farther enacted, That it shall be
'the duty of the sheriff, when a warrant to arrest
sheriff wh'n any offender under this act is placed in ■his hands,
to summon . J e „ . . , r • v j j
posse eomi- in case of any forcible resistance, or apprehended
tatus. danger bf resistance thereto, forthwith to summon
as a.posse comitatus, as many men of the county
as .may be necessary to aid in executing the pro¬
cess, and if the resistance made overpower the
civil authorities, it shall be the-duty of the sheriff
to1 make the fact immediately known to the Gover¬
nor, who, shall thereupon send to the aid of Ihe
sheriff guch military force of the State as may be
necessary to enforce the execution of the process,
and to maintain the law.
Sec. 7. Be it further enacted, *That this act shall
take effect from and after its passage.
Approved, December 7, 18(53.
laws of mississippi*
159
CHAPTER XL.
AN ACT to amend an act entitled " An act to aid in strength-
ing the Army of the Confederate States."
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the words "Be it
further enacted," in section number two of the
above recited act be so amended as to read, Be it
enacted* by the Legislature of the State of Missis¬
sippi, and that the sections be numbered from one
to .eight inclusive, instead of from two to nine as
at present, and that this act take effect from and
after its passage.
Approved, December 5,1863.
CHAPTER XLI.
AN ACT to amend the law relative to suing'out the writ of
■" Habeas Corpus."
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That hereafter when any
person shall be detained in custody and shall by" Habeas cor-
affidavit of himself or other credible person, make *ed out.w su*
oath that he is desirous to sue out the writ of
habeas corpus, and is apprehensive that he will be
removed beyond the limits of the State before the
same can be obtained, it, shall be the duty of the
sheriff or other officer, into whose hands such affi¬
davit may bo placed, forthwith to give notice
thereof to the party holding the prisoner in, cus¬
tody and leave with him a copy, of the affidavit, it
shall be unlawful to remove the party so detained
in custody out of the county where he may then
be until after the expiration of five days from the
notice so given of the affidavit.
Sec. 2. Be it further enacted, That if the party penalty for
so detained in custody be removed out of the app^*1,^
county where he may be, when notice of said affi- for writ,
davit is given within five days after the giving of
such notice, the party so removing him shall be
liable to the same pains and penalties "as if he
laws' op mississippi.
should remove him after service of a writ ofiiabeas
corpus.
Sec. 3. Be it further enactbd, That instead of a
mandate to a clerk to issue the writ of habeas cor¬
pus, as directed in the fourth section of the act to
which this an amendment, it shall be the duty of1
the Judge granting the same forthwith to issue the
writ directed and returned as provided in the first
section of said act, to w'hich writ the private seal
of said Judge shall be affixed-
' Sec. 4. Be it further enacted, That this act.be
in full force and effect from its-passage.
Approved December 5, 1863.
CHAPTER XLII.
AN ACT to enable the Railroad Companies of this State to pay
the monies borrowed by them.
Section 1. Be it enacted,by the Legislature of
the State of Mississippi, That the Railroad Com¬
panies in this State be and they are hereby author¬
ized to pay into the Treasury the sums of money
by them respectively borrowed: Provided, That
<such payment shall be made in gold and silver or
in the Treasury notes of this State.
Sec. 2. Be it further enacted, That any money
paid into the State Treasury under the provisions
of this act, piay be used in payment of any debts
and appropriations of the-State in the same manner
as other funds belonging to the State are used, and
the State shall pay from the time of receiving said
money, interest at the same rate per annum as the
Railroad Companies are by their contract bound
to pay, the payment of interest by the State to be
made semi-annually to the County Treasurers in
the different counties entitled to the use of Cicka-'
saw School Funds in the proportion said counties
are entitled to said fund; Provided, said Railroad
Companies pay the whole amount of this indebted¬
ness to the State on or before the first day of May
.next.
Sec. 3. Be it "further enacted, That it shall be
LAWS OP MISSISSIPPI.
1G1
lawful to use the money now in the Treasury
belonging to the Chickasaw School Fund in the
Same manner and on the same conditions as is •
provided in this act for the use of the money here¬
after to be paid into the Treasury on account of
the Chickasaw School Fund.
Sec. 4. Be it further enacted, That this act shall
be in force from and after its passage.
Approved December 7, 1863.
CHAPTER XLIIL
AN ACT to provide Tor the redemption of lands sold to the
State for taxes at the office of the Auditor of Public Accounts.
Whereas, -Serious inconvenience has arisen to
many persons owning lands' in counties in which
thpy do not reside in redeeming the same from the
Probate Clerks of said counties; therefore,
•Section 1. Be it enacted by-the Legislature of
the State of Mississippi, That article thirty-nind,
section nine, chapter three of the Revised Code of
Mississippi, be so amended as to allow all parties
interested the privilege of redeeming at the office
of the .Auditor of Public Accounts, such of their
lands as are now subject to redemption, pursuant to
the terms and conditions therein prescribed, and
also all lands that may hereafter be sold for taxes,
and the Auditor shall mark opposite each tract of
land so redeemed, the name of the person redeem¬
ing and the date of redemption.
Sec. 2. Be it further enacted, That the Auditor Auditor to
shall, on the first day of January in each and every pVoVat^
year, certify to the Probate Clerk of the proper cierk.
county a "list of all lands so redeemed, and the said
clerk shall endorse on the Tax collector's deed to
the State the words " cancelled" and redeemed at
the office of the Auditor of Public Accounts."
Sec. 3. Be it further enacted, That all money Auditorto
received by the Auditor of Public Accounts for
redemption of lands pursuant to this act, shall bq y accolH *
specified in a receipt of the Auditor, to be filed in
bis office for each case of redemption and he shall
11—L
162
LAWS OF'MISSISSIPPI.
keep an account in a separate book in detail of all
moneys so received, from which his receipt shall be
transferred monthly to the General Journal of his.
office; and all said moneys shall be paid by hirq,
monthly into the Treasury of the State. That
upon the redemption of any land in Auditor'a
Office it shall be the duty of the Auditor to notify-
the Probate Clerks of such redemption, and return
to him the. amount the purchaser of said lands and
all costs of the sale.
Sec. 4, Be it further enacted, That the Auditor
daor.of Au" shall be entitled to a fee of fifty cents for each
traet containing forty acres or less, and fifty cents
more for each additional quarter section of land re¬
deemed at his office under this act, to be paid by the
party redeeming the same, and that this act be ip
force from pnd after, its passage.
Approved December 7,1863.
CHAPTER XLIV.
AN ACT amendatory ef Article six, Chapter three, page two
hundred and ninety-two of the Revised Code, and for other
purposes.
Section 1. Be it enacted by the Legislature of
Process en the State of Mississippi, That article six, chapter.
u-jV served! thsee?- page two hundred and ninety-two of the
Revised Code be so amended as to read, that every
procetes issued against any Railroad Company may
be served upon the depot agent cr any other agent
pr attorney of said Railroad Company, in any
county where the suit is commenced, and shall have
the same legal effect as if served upon the company
personally. ' ,
Sec, 2. Be it further enacted, That any person
Process, having a cause of action against the owner or
how served ' „ , . , . » . ,
on ships, &o owners ot any ship, brig, schooner, sloop, steam¬
boat, or any other , water craft, navigating the
riversj seas, bays, .or lakes, in or adjacent to this
State, the proper process may issue and be served
upon the captain, clerk, or supercargo of such ship,
brig,, schooner, sloop, steamboat, or other water
craft, and shall have the same force and effect as
LAWS OP MISSISSIPPI.
163
if personally served upon the owners of such-
vessel.
Sec. 3. Be it further enacted, That this act take
-effect thirty days from the passage hereof.
Approved December T, 1863.
CHAPTER XLY.
an ACT to amend an aot entitled " An act to procure Salt for
the indigent Families of Soldiers, and for other purposes,"
approved January 1st, 1863.
Section 1. Be 'it enacted by the Legislature of
the State of Mississppi, That the Governor be and Gen&rai
he is hereby authorized to -appoint a general salt Asent>.
. i J J -J. , V 1 > c n • appointed,
agent to manage and direct .the making of salt in duty of.
this State or elsewhere, and to distribute the same
as hereinafter provided, who shall render an account
to the Governor quarterly (or oftener if required)
of all his transactions? and before entering upon
the duties of his office, give bond in the sum of'
$60,000, payable to the State of Mississippi, with
two good securities, to be approved of by the Gover¬
nor, conditioned well and truly to perform the
duties of his office and to account for all money or
salt which may come into his hands, and shall take
and endorse on said bond an oath well and "duly
to perform the duties of his office, and shall file
said bond with the Auditor of Public Accounts.
Sec. 2. Be it further enacted, That the general
salt agent shall have power to appoint, subject to
the approval of the Governor, one or more suitable appointed,
and skillful manufacturers, who shall before enter- tiuty ofi
ing upon the duties of his office, execute bond with
two good securities, in 4he sum of*$60,000, payable
to the State Of Mississippi*, to be approved by the
Governor, conditioned faithfully to discharge the
duties of his office and to account for all money,
salt, or other articles which may come into his
hands, and shall also make and endorse oil said
bond an oath faithfully to discharge the duties of
his office, and shall file said bond with the Auditor
of Publjc Accounts, and he shall superintend in per-
164 LAWS OF MISSISSIPPI.
son the erection or procurement of buildings,
machinery and work necessary for making salt and
keep the same in, operation, and shall keep a strict
account of all receipts and expenditures made by
him, and shall monthly render a detailed account of
the same to the general salt agent, together with
the quantity of salt made and delivered, and he
shall have full power to employ all necessary labor
and assistants and to purchase teams, wagons ahd
such other things as he may consider necessary and
proper.
Sec. 3. Be it further enacted, That the general
salt agent shall establish a general salt depot for
o«»eraiD«- the State, to which he shall cause all salt manu-
***" factured to be transported and from which he shall
distribute the same as hereinafter provided.
Sec. 4. Be it further enacted, That the Probate
Clerks of the several counties shall on the first of
psufers'h'vr January next and annually thereafter during the
furnished, war or as speedily thereafter as possible, procure
and furnish to the Auditor of Public Accounts,
additional rolls of all soldiers who have been or
may hereafter be mustered into the service of the
Confederate States or State of Mississippi, and also
the*number of persqnS dependent upon each of ^-aid
soldiers who need assistance, whether such depen¬
dents are disabled soldiers or the wife or children
or near relative of said soldier, who have been
heretofore assisted or supported by them, and the
Auditor when required shall furnish the said gone-
Sait how r&l salt agent a copy of said roll, and the Board of
dwtcibu'ed. p0]{ce may or^er a requisition on the general salt
agent for their prorata share of salt according to
the number of soldiers and persons dependent on
them from each county as aforesaid, which requi¬
sition shall be recorded on their minutes, a copy of
which, under the seal of ^aid court, shall be pre¬
sented by an agent duly appointed by them to tho
general salt agent who shall fill the same upon its
deliyery to him, with salt at cost, including trans¬
portation to the general salt depot.
Sec. 5. Be it further enacted, That the salt so
To who™ procured'shall be by the President of the Boards
tri&t«Ldls" P°^ce or an agent duly appointed by. them, sold
at cost, (including the' cost of transportation from
laws op mississippi.
165
the general salt depot) first to the families of
soldiers, who have been or may hereafter be mus¬
tered into the service of the Confederate States or
State of Mississippi, according to the number of
persons dependent upon each of said soldiers who
need assistance, whether such dependent person are
disabled or deceased soldiers, or the wives or chil- '
dren or near relatives of said soldiers, who have
been heretofore assisted or supported by them,
except the families of deserters and those who har¬
bor and feed deserters : Provided, That no one
shall be considered a deserter in contemplation of
this act unless he persistently and obstinately
refuses to return to his command within a reasona¬
ble time: And provided, his family shall, fiiake
every honorable effort to induce his retur^tq the
service of his country, then .such family shall be
entitled to the benefits of this act, and said Presir
dent or agent may require affidavits filed or proof
made of the number of needy or dependent per¬
sons on each of said soldiers, and shall in*no case
furnish to any family more than one,year's supply,
or suffer the same to be sold for speculation or
re-sale, and after supplying said needy or dependent
persons, shall sell tne remainder to the most needy
persons in their Counties at cost.
Sec. 6. Be it further enacted, Th'at if any of
the Boards of PoHce of the different counties shall Agea.ts
fail or refuse, because of the presence or proximity ahenoin^d
of the enemy, to call for or demand their prorata by sovenvr
share of salt, as hereinafter provided for, it shall be
the duty of the Governor, and lie is hereby author¬
ized to appoint one or more agents in each of said
counties, being residents thereof, who shall do and
perform all the duties required by this act to be
done by the Boards of Police : Provided, That
such agent or agents, before entering upon, the
duties of his office, shall give bond, with two good
and sufficient securities, in the sum of $10,000,
payable to the State of Mississippi, and conditioned,
well and faithfully to perform all the duties of his
office, said bond to be approved by the Governor.
Sec. 7. Be it further enacted, That the general
salt agent be and ho is hereby authorized and
directed to settle and close up all the unsettled
laws of mississippi.
accounts with the salt agents heretofore appointed
under the provisions of this act, to which this act
is amendatory, by suit or otherwise, and to make a
detailed account of the same to the Governor at
his ^earliest convenience, and to pay over whatever
money he may receive' therefrom into the Treasury,
aftd to collect all salt they may ha#e on hand be¬
longing to the State ; the cost of such settlement
by suit or otherwise, to b<j paid out of the five
hundred thousand dollars appropriated by the act
to which this act is amendatory.
Sec. 8. Be it further enacted, That in view of
siitwhen ^1G it is very difficult.to procure by pur-
e xchaiigo d chase? provisions sufficient to sustain the parties or
!^.proils" hands engaged by the State in the manufacture of
salt, it #iall be lawful for the. general salt agent to
exchange salt for provisions to support the hands
as above indicated, on such terms and under such
restrictions as-the Governor may direct.
Sec. 9. Be it further enacted, That this act
take effect from and afier its passage.
Approved December 7, 1803.
CHAPTER XLVI„
AhT act to amend section seven, cbapf#r fix, Revised Code of
the State of Mississippi, so far as the same provides com¬
pensation for the State Printer, and for other purposes.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That all laws providing
compensation for the State Printer are hereby re¬
pealed, and that for all printing to be hereafter
executed except as herein provided, fie shall re¬
ceive the following compensation, to wit: The
actual cost at the ordinary and market value of the
paper, ink, composition, press-work, folding and
stitching .done by him, together with twenty-five
per cent, added thereto, and it shall be the duty
of the State Printer to make out under oath, his
account, with each item, specifying the cost, ac¬
companied with vouchers, and present the same to
the Governor of the State of Mississippi, for ex-
LAWS OP MISSISSIPPI.
animation, and if found correct/the same ehall be
approved by him, which approval,- together with
the certificate of the Secretary of the State, that
the printing- executed by him, has been done, in
strict ■ accordance with • law, shall authorize the
auditor to issue his warrant on the treasury for the
amount stated to.be due.
Sec. 2. Be it further enacted, That for printing
laws, executive proclamations, advertisements, and
similar documents, the State Printer shall be-en-
titled to'charge ode dollar per square of ten line3
for the first insertion'and fifty cents per square lot
each succeeding insertion.-
Sec, 3. Be it further enacted, That the State
Printer shall not be required to publish his paper
' nor keep a printing office open at the seat of gov¬
ernment of the State, during the war, except as
hereinafter provided, but that the paper published
" by him may be* printed atid published in qny part
of the State, and,all publications required to be
made in a paper published at the seat of govern-
ment-of tire State shall be valid, if made in the
paper published by the State Printer, no matter in
what part of the State the same may be published*
Sec. 4. Be it further enacted, That the State
Printer shall keep a printing office open at the seat
of government, or wherever the Legislature may
be convened during the session, and shall there,
execute such printing as the convenience of the
Legislature may require, or as the^ Governor or
State officers may direct in pursuance of law.
Sec. 5.' Be it further enacted, that this law shall
take effect and be in force from and after its pas¬
sage.
Approved December 8, 1863.
CHAPTER XLVIL
AN ACT to cbaoge the time of holding the Probate Court of
Scott County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That hereafter the regular
LAWS OP MISSISSIPPI.
term of holding the Probate Court o-f Scott county
shall be the first Monday in January, April, July
and October in each and every year.
Sec. 2. Be it further enacted, that this act take
effect from and after its passage.
Approved November 23,1863.
CHAPTER XLVIII.
AN ACT. for the relief of John W? Cox, of Winston county,
• and to remove the civil disabilities of said minor.
Section 1. Be it enacted by the Legislature of
.the State of Mississippi, That the civil disabilities
of Johu-W. Cox, a minor, of the county of Win¬
ston, arising from his minority, be and the same
are hereby removed, and he is hereby authorized
and empowered to do and perform all acts in as
full and ample a manner as though he were twenty-
one years of age, and that all acts performed by
him shall be as binding and effectual upon him and
those with whom he may contract, as though he
was twenty-one years of age : Provided, he shall
not be allowed to vote or exercise the elective
franchise nntil he shall arrive at the age of twen¬
ty-one "years.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 23, 1863.
CHAPTER XLIX.
AN ACT to remove the civil"disabilities of Sydney Jvioore Jack¬
son, a minor, of the County of Rankin.
Section 1. Be it enacted by the. Legislature of
the State of Mississippi, That the civil disabilities
of Sydney Moore Jackson, a minor, under the age
of twenty-one years, be and the same are hereby
removed, and all the rights, powers and privileges
of an adult of the full age of twenty-one years are
hereby conferred upon the said Sydney Moore
Jackson, except the right of suffrage.
laws op mississippi,
169
Sec. 2. Be it further enacted, That this act take
effect and be in full force from and after its pas¬
sage:
Approved, November 23, 1863.
CHAPTER L.
an act to amebd the School Laws of Itawamba county.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That from and after the Si0ne°r™mto
the passage of this act, it shall be the duty of the meet-
Board of School Commissioners to meet on the first
Monday in December of every year to examine into
the condition of the school fund of said county of
Itawamba.
Sec. 2. Be it further enacted, That it shall be duty of
the duty of the Treasurer of said fund to furnish Treasurer.
said Board of School Commissioners with all the
notes or other obligations for money loaned from
said fund for the purpose of being examined by
said Board of Commissioners.
Sec. 3. Be it further enacted, That it shall- Duty of
be the duty of the Probate Clerk of said county to cierk.bate
hand over all the mortgages and deeds in trust
for money loaned from said fund, in order that the
same may be examined by said Board of Commis¬
sioners.
Sec. 4. Be it further enacted,,That it shall be
the duty of the Treasurer of said fund to report how6 made!
the amount of the interest collected by him to the
Board of School Commissioners, in place of the
Board of Police as now, twice in each year, on the
first Monday of January and first Monday in July.
Sec. 5. Be it further enacted, That it shall be
the duty of the President of the Board of School
Commissioners to report th^ result of their exami¬
nation to the President of the Board of Police,
whose duty it shall be to lay the same before the
Board over which he presides, in order that said
Board ot Police may, if they believe it right, take
the necessary steps to collect or secure said moneys
that may be thought doubtful.
LAWS OP MISSISSIPPI.
Sec. 6. Be it further enacted, That it shall be
the duty of the Clerk of the Circuit Court of said
county of Itawamba, to furnish the Board of School
Commissioners with a statement of all fines,
amercements, and all money that may have come
to his hands on account of the school fund,' and
what he has done with the same, and also, that the
Probate Clerk of saidvcounty is hereby required to
furnish said Board a statement of all money that
may have come to his hands, that is by law made a
part of the capital of said fund, in order that said
Board of School Commissioners may report to the
Board of Police of said county the exact amount
of principal and interest of said fund at any time
they may be called on for the same.
Sec. 7. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 20, 1863.
CHAPTER LI.
AN ACT for the relief of G. S. McMillan, District Attorney for
the Second Judicial District of the State of Mississippi
Whereas, Auditor's warrant,No. 1505 for ($375,)
three hundred and seventy-five dollars, being for
quarter's salary of G. S. McMillan, District At¬
torney of S>ecofid Judicial District of Mississippi;
and whereas, the State Treasurer has certified that
said warrant has not been paid ; and whereas, it is
satisfactorily shown that said warrant is lost by
said McMillan : Therefore,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the auditor of pub¬
lic accounts is hereby required to issue to said Mc-.
Millan another warrant in place of the above
described, and it shall^be lawful only for the trea¬
surer to pay the warrant last issued.
Sec. 2. Be it further enacted, That this act •
shall take effect and be in force from and after its
passage.
Approved November 18, 1863.
LAWS OF MISSISSIPPI.
CHAPTER LII.
AN" ACT to remove the eivil (inabilities of Josiah H, Askew, a
minor.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the civil disabilities
of' Josiah H. Askew, a minor, of Lowndes county,
be removed, so far as to enable him to make a last
will and testament.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Approved, November 18, 1863.
CHAPTER LIII.
AN ACT to remove the civil disabilities of Adolphus H. Ware,
a minor.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That the civil/ disabilities of
Adolphus H. Ware, a minor, of Madison county,
be removed, and that he have all the rights, privil¬
eges and immunities as though he was twenty-one*
years of age, except the right of suffrage.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Approved, November 19, 1863.
CHAPTER LIY.
AN ACT to authorize the'Board of Police of thq county of Ita¬
wamba, to make an appropriation o«t of the County Trea¬
sury to pay th3 tax assessor for taking the number of child¬
ren between the ages of six and eighteen years, in order to
an equal dividend of that port on of the school fund appro¬
priated to be laid out annually, for the use of common schools.
Section 1. Be it enacted by the Legislature, of
the State of Mississippi, That from and after the
passage of this aot, it shall and may be lawful for
the board of police of the county of Itawamba to
make an appropriation out of any pioney in the
laws of mississippi.
treasury not otherwise appropriated, of a sum not
exceeding two hundred dollars, for the purpose of
paying the tax assessor of said county for extra
services in numbering and making out a schedule
of the number of all the children in said county,
between the ages of six and eighteen years.
Sec. 2. Be it further enacted, That it shall be
the duty of the assessor hereafter to take the cen¬
sus of the children of said county once in four,
years.
Approved, November 14, 1863.
CHAPTER LY.
AN ACT to remove the civil disabilities of Thomas M. Smedes.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the civil disabilities
of Thomas M. Smedes, a minor under the age of
twenty one- years, be and the same are hereby re¬
moved, and all the rights, powers and privileges of
an adult of the age of twenty-one years, be and
they are hereby conferred upon the said Thomas
M. Smedes, except the right of suffrage.
' Sec. 2. Be further enacted, That this act take
effect from and after its passage.
Approved, November 21, 1863.
CHAPTER LYI.
AN ACT to provide for the relief of destitute families of Yazoo
county.
Section 1. Be it enacted by the Legislature of '
the State of Mississippi, That the Board of Police
of Yazoo county be and are hereby authorized and
required to borrow op raise by issuance of scrip, a
sum of money not exceeding fifty thousand dollars
for the relief of indigent families of soldiers who
are or have been in the army ; the said fund to be
distributed according to the provisions of an act
laws op mississippi.
entitled an act better to,provide for families of
soldiers in our army, approved January 3, 1863.
Sec. 2. Be it further enacted, That such an
amount of said fund as may .be ^required for the
support of other indigent persons, shall be used for
that purpose subject to the discretion of the said
Board of Police.
Sec. 3. Be it further enacted, That for the re¬
payment of said loan or redemption of said scrip,
the said Board of Police is hereby authorized tg
levy a tax sufficient for the purpose.
Sec. 4. Be it-further enacted, That this act shall
take effect and be in force from and after its
passage.
Approved November 14, 1863.
CHAPTER LVII.
AN ACT to amend an act entitled "An act to incorporate tbe
Mississippi Manufacturing Company," approved April 11, 1852.
Section- 1. Be it enacted by the Legislature of
State of Mississippi, That the capital stock of the
Mississippi Manufacturing Company may be in¬
creased to the sum of five hundred thousand dollars,
and that the said company may locate and carry
on their business or any. part thereof in any county
or counties in this State.
Sec. 2. Be it further enacted, That this act shall
take effect and be in force from and after its'
passage.
Approved, November 14, 1863-
CHAPTER LYIIL
AN ACT to pay Clerks, ^Inspectors and Returning Officers of
elections of Hancock, Lauderdale and Newton counties, and
increase the per diem of the members of the Boards of Police.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That hereafter the Clerks,
Inspectors and Returning Officers of elections of
LAWS OP MISSISSIPPI.
Hancock, Lauderdale and Newton counties, shall
receive two dollars per day for each day occupied
as such.
Sec. 2. Be it further enacted, That each member
of the Boards of Police shall receive three dollars
per diem for each day occupied in the discharge of
, his duties, instead of one dollar and fifty cents as
now by law.
Sec. 3.. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 1, 1863.
CHAPTER JJX.
an act to be entitled an act to remove the civil disabilities
of William W. Brooks, a minor.
•Section 1. Beit enacted by-the Legislature of
the State of Mississippi, That the civil disabilities
of William W. Brooks, a minor of Monroe county,
be and they are hereby removed, and that the said
William W. Brooks shall have the right and power
of contracting and being contracted with, of sueing
and being sued, and of having and enjoying all the
privileges that he would have if he were twenty-
one years of age, except the right of suffrage, and
, that he shall be liable to all such forfeitures and
penalties as he would be liable to if twenty-one
years old.
Sec. 2. Be it further enacted, That this act shall
take effect from and after its passage.
Approved November 14, 1863. .
CHAPTER LX.
AN ACT to authorize the Speaker of the House of Repre¬
sentatives and President of the Senate to appoint Messengers
between the two bodies.
Section L Be it enacted by the Legislature of
the State of Mississippi, That during the time the
Legislature shall.be in session in the city of Colum-
LAWS OP MISSISSIPPI.
175
bus, the Speaker of the House of Representatives
and President of the Senate, shall have power to
appoint each a suitable person to be styled a mes¬
senger between the two houses, whose duty it shall
be to carry all messages and perform such other
duties as the Clerk of the House and Secretary of
.the Senate may designate, and shall receive each
during the time so employed, four dollars per day
• upon the certificate of the presiding officer of each
body, countersigned by the Clerk and Secretary,
upon the Auditor.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved November 4, 1863.
CHAPTER LXI.
AN ACT to incorporate tlie Southern College of Medicine and
Surgery.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That "William D. Lyles,
J. T. Gilmore, J. M. Rodgers.S. Y. D. Hill, Sid¬
ney P. Kenedy, William L. Lipscomb, James M.
Borders, John F. Kenedy, Robert E, Lanier, R. E.
.Mathev s, George M. Smith, F. M. McCabe, Thomas
Mays, John L. Tindall, jr., J. G. Carroll and C.
P. Montgomery, their associates and successors, be
and they are hereby constituted a body politic and
'corporate, under the name and style of the Southern y°^orpora"
College, of Medicine and Surgery, and by that name
may sue and be sued, plead and be impleaded, in
any court of law or equity in this State.
Sec. 2. Be it further enacted, That said Southern
College of Medicine and Surgery may be located where Jo¬
in any county of this State which may be designated cated*
by the Board of Trustees hereinafter provided for,
and may hold such real, personal, or mixed-estate,
as may be necessary to conduct the business'and
accomplish the object of this charter, which is
hereby declared to be the giving of instruction in
the science or practice of medicine and surgery and
kindred subjects.
176
laws op mississippi.
Sec., 3. Be it further enacted, That said South¬
ern College of Medicine and Surgery may receive,
hold or dispose of, and occupy any real, personal
or mixed estate which may be donated to it.
Sec. 4. Be it further enacted, That said South-
Power to ern College of Medicine and Surgery, shall have
confer 'de- power to confer honorary degrees in medicine and
srees' surgery upon such persons as the Board of Trus¬
tees may think proper.
Sec. 5. Be it further enacted, That the corpora¬
tors named in the first section of this act or any
seven of them, shall have power to appoint nine
of Trustees, who shall have the management, direction
and control of the Institution, its property and
effects, in which said Board of Trustees may ap¬
point Professors and such other officers as they
may think proper, and ttiay make, alter and abolis^
any or all needful by-laws, rules and regulations for
the management of said Institution, or its property
as they may deem best: Provided, The same are
not contrary to the Constitution of this State or
the Confederate States.
Sec. 6. Be it further .enacted, That said Board
of Trustees shall have power to fill vacancies in
vacancies, their numbers, and that the property of said Insti¬
tution shall be exempt from taxation.
Sec. 7. Be it further enacted, That this act shall
take effect and be in force from and after its
passage.
Approved, November 28, 1863.
CHAPTER LXII.
AN ACT to incorporate the Alabama and Mississippi Rivers
Railroad Company.
"Whereas, The General Assembly of the State
of Alabama, by an act thereof, entitled " An act to
incorporate the Alabama and Mississippi Rivers
Railroad Company," approved 7th February, 1850,
and by a furtheract thereof to amend the last named
act, approved February 4th, 1852, did incorporate
a company with power and authority to construct
LAWS OP MISSISSIPPI.
177
and operate a railroad from the town of Selma, on
the Alabama river, in said State, and to the line of
the State of Mississippi, in any direction they
might think proper ; and whereas, by virtue of said
acts of incorporation said company has a'ready
constructed and has now in operation a railroad
from said town (now city) of Selma, in the direc¬
tion of the town of Meridian, in this State, to a
point not far removed from the line between this
State and the State of Alabama, and is desirous
♦further to extend its railroad to the said town of
Meridian, so as to form a perfect connection at that
place with the railroad terminating at or passing
that point; and whereas, such connecction will be
beneficial to the interests of the railroads and the
citizens of this State ; therefore,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Railroad Com¬
pany incorporated by the State of Alabama by the
name of the Alabama and Mississippi Rivers R^il- Act of in¬
road Company, shall be and the same is hereby •orP°ralcu- .
•declared and made a body politic and corporate,
by the name and style aforesaid, or by any such
name and style as shall hereafter at any time be-
'conferred on said company by the General Assem¬
bly of Alabama, with full power and authority to
extend, construct and operate their railroad with a
single, double or treble track, from the line between
this State .and the State of Alabama, to the town
of Meridian, and to form at the last named point,
the most convenient and suitable connection with
other railroads terminating or passing there, and.
that for the purposes aforesaid said company shall
have power to enter upon and condemn the lands;
,of individuals bodies politic and corporate : Pro>-
vided, That whenever in the location and co-a%
structioh of their railroad, it ghall be deemed by
said company necessary to cross, run parallel to '
jnterseet'Vay other road or way of any kirn' j obstruc'ion
shall be thof d,aty of said company so to canr °.r of roads,
their road as'not to impede, th^ passage ' ^
.cst.ablMied road or way. '' ' struct
hum Be it further ena'dpyl, Thai f suC"-
poses before mentioned thcgsaid cAtgr
and are hereby invested with like or the pur- PrWileRes
12 j." \4,any shall be grauted.
' powers, privi-
LAWS OP MISSISSIPPI.
leges and franchises, and subject to like restrictions,
duties and liabilities (mutatis mutandis) as have
been granted and imposed by act of incorporation
and other acts of the Legislature of this State to
and on the Southern Railroad Company, so far as
the same are applicable.
Sec. 8. Be it further enacted, This act shall be in
force from its passage.
Approved December 5,1863.
CHAPTER LXHI.
AN ACTiVo remove the civil disabilities of Walter McDongal,
a minor.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the civil disabilities
of Walter McDougal, a minor, of Claiborne county,
Mississippi, be removed, and that he be entitled to
all the rights and privileges and immunities as
though he was twenty-one years of age, except the
right of suffrage.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 5, 1S63.
CHAPTER LSIY.
an act to increase the salary of the Governor of this State.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the salary of the
Governor be increased fifty per cent, on the salary
now allowed by law, and that this act remain and
be in force until twelve months after a treaty of
peace between the United States and the Confede¬
rate States of America.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 14, 18b3.
LAWS OF MISSISSIPPI.
179
CHAPTER LXV.
AH ACT for the relief of the Fir»t Battalion MissUsippi State
troops, eommanded by Maj. Harper.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the sum of twenty-
five thousand dollars (or as much thereof as may
be necessary) be and the same is hereby appropri¬
ated out of any money in the Treasury not other- Appropria-
wise appropriated to pay the first battalion of tioa-
Mississippi State troops for services actually ren¬
dered in the military department of the State.
Sec. 2. Be it lurther enacted, That it shall be
the duty of the Quartermaster General to pay on
the presentation of the company muster rolls of the How p«id.
companies composing said battalion when presented
by the commanding officer of said companies, ap¬
proved by Major Harper, to said company com¬
manding officer, the amount as shown by said
muster rolls to be due, who shall proceed to pay
off said troops, company by company, but no party
shall receive pay for a longer period than he was
actually in service.
Sec. 3. Be it further enacted, That it shall be
the duty of the several company commanding
officers to observe all the rules in the army regula- Rnleg t0 fc0
tions of the Confederate States in making out said observed,
pay-rolls, except those which require troops to be
called together and mustered by an officer author¬
ized to muster troops for pay before being entitled
to receive the same.
Sec. 4. Be it further enacted, That in the ab¬
sence or refusal of any of said company command¬
ing officers to act as required by this act, it shall
be lawful for any ore of the Lieutenants of said
companies to make out said pay-rolls and discharge
all the duties imposed by this act upon the said
company commanding officers.
Sec. ft. Be it furl her enacted, That in case the
forms and rule* of army regulations and articles of
war cannot be complied with as provided for in the
payment of troops in active service, then and in that
event the claims of the troops composing said bat- C!aitr.s-
talion shall be examined and passed upon and paid
as provided in an act of the present session of the
180
LAWS OF MISSISSIPPI.
Legislature for tbe examination and settlement of'
informal claims against the military department of
the State arising under any resolution or law of
the same.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 9, 1803.
CHAPTER LXYI.
AN ACT for tbe relief of James Reedy, Sheriff and Tax Col¬
lector of Ho'mes county.
\Chep.eas, It is represented to the Legislature
that James Reedy collected the Military Relief Tax
due by Holmes county for the year 1862, amount¬
ing to $9,962 66 and paid the same to the County
Treasurer of said county under the act approved
December 16th, 1861, instead of paying it into the
State Treasury, as required by the act approved
January 3d, 1863, which sum lias been mostly ex¬
pended among the destitute soldiers' families of
said county by their Board of Police ; therefore,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the sum of sixty per
cent, on the State tax to be called the special military
Taxes to be re^e^ tax, be levied and collected by the "Tax
leVieii. Collector of said county for the fiscal year of 1S63,
and that said Tax Collector be required to pay into
the State Treasury the sum of $9,962 66 at the
same time that he pay the other State taxes for
1863, and that he be allowed commissions for col¬
lecting the same.
Sec. 2. Be it further enacted, That when said
sum is paid into the State Treasury it shall be dis-
bms9d.dis"" Pursed in the same manner as the other military
relief tax for 1862 was disbursed, and shall dis¬
charge the s;tid Reedy from any further liability or
damages for not paying over said sum as required
by the act approved 3d January, 1863.
Sec. 3. Be it further enacted, That should the
CO per cent, on the State exceed the above framed
sum, that the excess shall be paid into the County
laws or Mississippi.
'Treasury to he disbursed by the Board of Police
:among the poor of said county.
Sec, 4. Be it further enacted, That this act shall
take effect and be in force from the first of January
next.
Approved, December 8, 1863.
CHAPTER LXVTI.
AN ACT making certain appropriations for the Stata Institute
for the Blind.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That there be and is here¬
by appropriated to the State Institute for the Blind,
the sum of two thousand dollars, to be used in re¬
pairing the buildings of the Institute at Jackson,
•in purchasing necessary articles of furniture, and
defraying the expenses of removing the Superin¬
tendent and pupils from Monticello to Jackson,
for which sum the auditor is directed to issue his
warrant on the treasury, payable to the trustees,
taking a receipt of the trustees, or one of them, for
the same.
Sec. 2. Be it further enacted, That the sum -of
eight thousand dollars, instead of six thousand
dollars, is hereby annually appropriated for the
support and maintenance of "the State Institute for
the Blind, to be paid at the same time to the same
persons, and disbursed in the same manner now
{required by law.
Sec. 3. Be it further enacted, That this act
shall take effect and be in force from and after its
passage.
Approved December 5, 1863.
CHAPTER LXVIIL
AN ACT to amend tbe law in relation to the Institution for
the Deaf and Dumb.
Section 1. Be it enacted by the Legislature of
/the State of Mississippi, That the trustees of the
182
LAWS OP MISSISSIPPI.
Mississippi Institute for the Deaf and Dumb, be
and they are hereby empowered to place the deaf
and dumb orphans now in their charge, and such
others in the State as are similarly situated, in
some suitable institute for the deaf and dumb, in
or out of the State, until the trustees of the Insti-
TruflU/s of ^u^on ^or the Deaf and Dumb, properly fit up and
organize the same for the reception of scholars.
Sec. 2. Be it further enacted, That the annual
appropriation of seven thousand dollars as now
provided by law, when drawn by said trustees,
shall be used by them for the purpose of maintain¬
ing and educating the children referred to in the
first section, and any balance that may remain
shall be used by the trustees under the direction of
the Governor, for the repairs of the building and
such other repairs as may be deemed necessary on
the premises belonging to the Institution for the
Deaf and Dumb.
Sec 3. Be it further enacted, That this act
take effect from and after its passage.
Approved, December 7, 1863.
CHAPTER LXIX.
AN ACT to be entitled " an act relative to the establishment
of a temporary Penitentiary."
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Superintendent
of the Penitentiary, by and with the consent and
approval of the Governor, be and he is hereby au¬
thorized and empowered and directed to select
some suitable building in this State, at a point as
secure from danger of invasion by the enemy, as the
same can be obtained, to be used temporarily for the
purpose of a State Penitentiary, until suitable
buildings for the Penitentiary can be hereafter
erected by the State.
Sec. 2. Be it further enacted, That said build¬
ing shall, as speedily as possible be prepared in a
suitable manner for the reception of parties con¬
victed and sentenced to the Penitentiary, and for
LAWS OP MISSISSIPPI.
183
defraying the expenses thereof, there is hereby ap¬
propriated th.e sum of fifty thousand dollars, out of App ropria-
any money in the treasury not otherwise appro- ti0B*
priated, to be paid to the Governor on his requisi¬
tion on the auditor, who shall issue a warrant or
warrants to him accordingly.
Sec. 3. Be it further enacted, That all parties
who are now or who hereafter may be convicted
and sentenced to the Penitentiary, shall be con¬
fined insaid building, which is hereby declared to be
the Penitentiary of the State for the legal term of
their sentence, and all laws, rules and regulations
now in force relative to the Penitentiary are here¬
by continued in force and applied to the said tem¬
porary Penitentiary, in the same manner and to Temporary'
the same extent as they applied to the Penitentiary PoniteDti#'j:
at Jackson, so far as the same can be made to
apply.
Sec. 4. Be it further enacted, That as soon as
the said temporary Penitentiary is ready for the
reception of convicts, the same shall be made
known by proclamation oft the Governor, and im¬
mediately thereupon all parties sentenced to con-
finenflent in the Penitentiary shall 'be removed
thereto.
Sec. 5. Be it further enacted, That in case of
imminent and threatening danger of the place,
where said temporary Penitentiary is situated, be¬
ing invaded by the enemy, the Superintendent of
the Penitentiary by and with the consent of the
Governor, shall remove the convicts therein to
some place of safety, and secure and employ them, conr?JZ»; °f
when so removed, in the manner most conducive to
the interests of the State.
Sec. 6. Be it further enacted, That the Super¬
intendent of the Penitentiary may, at any time, by
and with the consent and approval of the Gover- Bm ]o m,t
nor, employ any of the convicts in said Peniten- ofCoimcts.-
tiary, in or upon any of the State works carried
on, in or out of the State, the public works or any
military works being conducted in the State by the
authorities thereof, or by the Confederate authori¬
ties.
Sec. 7. Be it further ^enacted, That as soon as
th3 said temporary Penitentiary is in readiness to
184
laws op mississippi.
receive convicts, it shall be the duty of the Super¬
intendent to bring back those confined in the State
of Alabama, and confine them in the Penitentiary
in this State.
Sec. 8. Be it further enacted, That this act shall
take effect from and after its passage.
Approved December 5, 1863.
CHAPTER LXX.
AIT ACT to authorize the Judge of the Probate Court of
Lowndes county to appoint a reeeiver for the absent legatees
of Dr. Samuel B. Malone.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, Thattthe Probate Judge
of Lowndes county be and he is hereby authorized
to appoint some suitable person to receive and take
charge of the distributive share of the absent le¬
gatees, non-residents of vthe State of Mississippi, in
the estate of the late Dr. Samuel B. Malone.
Sec. 2. Be it further enacted, That the person
so appointed as receiver of said distributive share,
shall enter into bond in said Court in double the
amount of the value of said distributive share, and
shall be allowed a commission of two per cent,
upon the valne of the share received by him as his
compensation.
Sec. 3. Be it further enacted, That this act take,
effect and be in force from and after its pas¬
sage. .
Approved Dec. 9, 1863.
CHAPTER LXXI.
AN ACT t© amend an a«t entitled "An act to amend the1
Charters of tbe Co'trnobus Life and General Insurance Com¬
pany, and the Mississippi Mutual Insurance Company,''
approved January 25th, 1862.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Columbus Life
and General Insurance Company, and the Missis-
LAWS OP lilSStSSJPPI.
sippi Mutual Insurance Company, be and they are
hereby authorized to issue and put in circulation
an amount not exceeding one hundred thousand
dollars, in notes or change bills of a less denomi¬
nation than one dollar, redeemable on presentation
in sums of five dollars in Confederate Treasury
notes : Provided, That in so doing and at the same
time, they shall take up and retire from circulation,
the same, or so much of the amount of their pres¬
ent issues as they shall emit under and by virtue of
this act.
Sec. 2. Be it further enacted, That an exces¬
sive issue under this act or a failure to comply with
the terms of such notes or change bills, shall work
a forfeiture of the charters of said companies, and
also render them liable to all the existing penalties
for over-issuing or non-redemption, as set forth in
the act to which this is an amendment.
Sec. 3. Be it further enacted, That this act shall
be in force from and after its passage.
Approved, December 9, 1863.
CHAPTER lxxii.
AN ACT for the relief of William Beachuta, of Itawamba
county, and for other purposes.
Whereas, William Beach*um, former Sheriff of
Itawamba county, is h,eld responsible by the County
Treasurer of Itawamba county, for the sum of six
hundred and forty dollars for bills of costs in
favor of the State, issued from the Circuit Court
of Itawamba county against sundry persons;
therefore,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the said Treasurer of
Itawamba county, be and is hereby required to give
William Beachum, former Sheriff of Itawamba
county, credit for the sum of six hundred and forty
dollars.
Sec. 2. Be it further enacted, That the said
County Treasurer of Itawamba County, be and
is hereby discharged from any liabilities to the
186
LAWS OP MISSISSIPPI.
State for the above sum of six hundred and forty
dollars, in section one of this act.
Sec. 3. Be it further enacted, That this act be
in force from and after its passage.
Approved, December 9,1863.
CHAPTER LXXni.
AN ACT to aid in supplying the loss of the resords and papers
in the Circuit and Chanceiy Courts of Chiekaaaw County,
and for other purposes.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That in all cases where any
cause may have been prosecuted to an interlocu¬
tory or final decree or a judgment in the Circuit
or Chancery Court of Chickasaw county, in this
State, and the said cause shall have been according
to law removed by writ of error or otherwise, to
the High Court of Errors and Appeals of this
State, it shall and may be lawful for any party to
said cause, their agent or attorney, to apply to the
clerk of the High Court of Errors and Appeals,
for a transcript of the records and papers in said
cause, and on such application being so made to
said clerk, it shall be his duty without delay to
Duty of make out and deliver to the person so applying for
cierk of the same, a precise transcript, duly certified under
ig Court. ^.g kan(j ancj seap 0f sa^ Court, of such re¬
cord, including therein an exact copy of the
records and papers as certified from the clerk of
the Circuit or Chancery Court aforesaid, and filed
in his bffice, and also all judgments, orders and
decrees which shall have been made by • and en¬
tered in the said High Court of Errors and Ap¬
peals as the same remains of record or on file in
his office.
Sec. 2. Be it further enacted, That it shall and
may be lawful for any party, agent or attorney of
any party to any cause so removed to and which
shall have been decided by the High Court of Er¬
rors and Appeals, to present to the clerk of the
said Circuit or Chancery Court of Chickasaw
county, any transcript or record of a cause ob-
LAWS OP MISSISSIPPI.
18T
tained and certified, as provided for in the first
section of this act, and on being so presented with
any such transcript it shall be the duty of such
clerk to endorse thereon the day, and by whom ot go-
filed, enter the said cause with its proper numbers cuitci«rk.
upon the proper execntion docket of said Court in
his office, and file the said transcript in his said
office as the true and proper papers, judgments
and decrees in said cause, and the papers so made
out, marked and filed and so entered in the proper
execution docket in the clerk's office aforesaid,
shall have all the force and effect, in law and in
equity, that the original papers, judgments and de¬
crees of such Court in such cause might or could
have if they had not been destroyed and were yet
of record and on file in the proper clerk's office,
and any party to any such cause shall have all the
rights to enforce a compliance with and a satisfac¬
tion of all such judgments, orders and decrees of
either and all the Courts aforesaid, by proper writs
fieri facias vinditioni exponas, or other compulsory
writ, that such party might or would have had if
the said original papers, judgments or decrees as
aforesaid, had not been so destroyed, against all
the proper parties to said cause who may be and
who might have been liable for the same, under
and by virtue of such judgment, orders or decrees
as originally made and entered in the cause, and
also against all parties to any appeal bond, writ of
error bond, or other bond or bonds, executed in
the cause and as security for costs in said cause,
whether bound by bond or otherwise.
Sec. 3. Be it further enacted, That none of the
rights of any party to any suit or cause provided
for and described in this act, existing at the pas¬
sage of this act, shall hereafter be barred by virtue
of any statute of limitations in this State, until
twelve months after the close of the present war,
or until otherwise provided by law.
Sec. 4. Be it further enacted, That any party
to any suit or cause heretofore commenced in the
Circuit or Chancery Court of Chickasaw county
aforesaid, other than those hereinbefore provided
for who may have and shalL produce any, instru¬
ment of writing, memorandum or copy, or book,
188
laws op mississippi.
showing the cause of action and the amount sued
for, if it be a cause yet pending in and undeter¬
mined by said Court, or showing the amount of
the judgment and the party against whom ren¬
dered, if it be a cause in which a final judgment
of has been rendered and the term of the Circuit
c3u8d«
Court when rendered, oath having been first made
by one or more creditable person, that the said
writing was made and entered prior to the passage
of this act, and that the same is a correct and true
statement or abstract of the papers or judgments
as it purports upon its face to be, may file said in¬
strument of writing, memorandum or book, or a
precise copy thereof, in the clerk's office of the
Court in which such suit or cause originated, with
the affidavit aforesaid annexed, as a foundation for
the renewal of said cause against the party or par¬
ties against whom the suit may have been brought,
or the judgment rendered, as the case may be;
and on any such written evidence being so filed in
his office, it shall be the duty of the clerk to issue
Writs to be Pfoper writ or writs against the party or parties
issued, sued in the said original suit, or against whom the
judgment or judgments may have been rendered,
returnable to the next term of the Court, in the
same manner that ether writs are issued and made
returnable, therein reciting and describing the
cause of the action or the judgment as the case
may be, and the date and the amount of the judg¬
ment, if the same be in judgment, and it shall be
the duty of the said clerk to issue all other proper
process, and make proper publications of notice to
absent parties as is required by -the laws of this
State in other causes pending in said Court.
Sec. 5, Be it further enacted, That when any
party or parties shall have been brought into Court
as provided for in this act, either by service 01*
process, or by publication of notice as provided by
law in other cases, it shall be the duty of the party
or parties so brought into Court and against whom
the original suit was brought, or the judgment
rendered, as the case may be, to plead, answer or
demur to the paper so filed, in the same manner as
is required by law in cases of original suits in such
Courts, and an issue shall be made up, under the
laws op mississippi.
direction of the Court, and the cause shall proceed
to trial-as other causes are tried in such Court, in
which shall be involved, First, the existence at the
time of the passage Of this act, of the instrument
of writing, memorandum or book entry so filed, or
so represented, by a copy so filed, as'the case may
be. Secondly, the fact that the suit therein refer¬
red to, had been- commenced and was pending in
such Court at the April term, 1863, thereof, or
that a judgment had been rendered in such Court
at the term thereof, and for the amount and against
the party or parties as charged in the amended
pleadings herein provided for. Thirdly, that the
papers originally filed in said cause, or a part of
them, had been destroyed and cannot be found, and
if the case be charged to be in judgment of tbfe
Court, that in that case the sgjd judgment or judg¬
ments Have been destroyed; Fourthly, the amount
and character of the debt sued or in cases not be¬
fore prosecuted to judgment, and the date and
amount of the judgment and the party or parties
against whom rendered, and in the trial of any
issue in this section of this act provided for, no
plea of " nul tite record," or of "insufficient re¬
cord" shall be deemed good, but shall be stricken
out, on motion of the party objecting to the same,
and in all cases where the original cause had pre¬
viously been prosecuted to final judgment, no
affirmative plea by the party seeking to avoid the
judgment shall be allowed by the Court, other than
the ]>lea of payment or other legal satisfaction of
the judgment since its rendition, and which shall
also be sustained by affidavit.
Sec. 0. Be it further enacted, That in all causes
which shall have been tried as provided for in this
act, it shall and may be lawful for the Court try¬
ing the same, to render judgment or judgments
agreeably to the very truth and justice of the case,
as shown by the verdict of the jury, or the deci¬
sions ol the Court, and the party or parties in
whose favor the judgment or judgments shall be
so rendered, shall have all the rights and powers
of enforcing execution and satisfaction of the same,
that he, she or they might or would have had, in
case of the original judgment, if such original
judgment hud not been destroyed.
190
LAWS OP MISSISSIPPI.
Sec. 7. Be it further enacted, That the. provi-
exteiTded to sions of this act be and the same are hereby ex-
other coun- tended and made to apply to all other counties in
which the records and papers of the Circuit and
Chancery Courts have been lost, mutilated or des¬
troyed, with the some force and effect as the same
shall apply to Chickasaw county.
Sec. 8. Be it further enacted, That the same
rules in reference to liabilities for costs in all pro¬
ceedings and trials provided for in this act that
govern and attach to proceedings and trials of ori¬
ginal causes in such Courts respectively, shall
attach to proceedings and trials under the provi¬
sions of this act, and that this act take effect and
be in force from and after its passage.
Approved December 9, 1863.
CHAPTER LXXIV.
AN ACT for the relief J. D. W. Duckworth, Sheriff and Tax Col¬
lector of Smith county.
Whereas, J. D.W. Duckworth, Sheriff and Tax
Collector of Smith county, was taken a prisoner
and robbed by the public enemy when Col. Grier-
son made a raid through the State, of the sum of
three thousand eight hundred and thirty dollars,
being the State and county taxes collected by him
for the fiscal year 1862, of which amount eleven
hundred and ninety dollars and twenty-eight cents
belonged to the State; therefore,
Section 1. Beit enacted by the Legislature of
the State of Mississippi, That the said J. D. W.
Duckworth, Sheriff and Tax Collector of Smith
county, be released from all liability to the State
for the sum of eleven hundred and ninety dollars
and twenty eight cents and fully discharged from
paying over that amount to the State.
Sec. 2. Be it further enacted, That the Board
of Police of Smith county be and they are hereby
empowered and.authorized to release and discharge
the said J. D. W. Duckworth, from paying over to
the County Treasurer the gum so due the said
LAWS OP MISSISSIPPI.
191
•county and stolen by the public enemy : Provided,
That the said Duckworth shall not be entitled , to
receive commissions on the amount of three thousand
eight hundred and thirty dollars ($3,830.)
Sec.'3. Be it further enacted, That this act
take effect from and after its passage.
Approved, December 7, 1863.
CHAPTER LXXY.
AN ACT to provide for the payment of certain informal
claims against the State of Mississippi.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That the Governor of the
State be authorized and required to appoint some
suftable agent whose duty it shall be immediately J>ni
after his appointment, carefully to examine, auditand Agent.y
carefully, state all informal claims now outstanding'
and upaid against the State, whether such claim be
defective in form or a misnomer as to the true
name of the claimant, arising under any act or
resolution of the Legislature for the military de¬
fence of the -State, or whether such claims be for
horses impressed by proper authority, subsistence,
forage,' transportation, or for any other articles
furnished to either of the military departments of
the State, by any citizen thereof, received, used or
consumed by the State troops of the State in active
service: Provided, the same were allowable by
the army regulations and the articles of war of the
Government of the Confederate States, and upon
sufficient eyidence that the articles stated in any
such claims or account wqre actually furnished as
above provided, or whether such claim be delective
as above described, it shall be the duty of the agent
appointed under the provisions of this act to make
return of the proof taken thereon, and certify to
the correctness of the same, and return the same to
the Governor of the State for his examination and
approval, which he shall endorse thereon if he shall
approve the same, and the Quartermaster General
shall pay the said claim upon presentation with the
LAWS OP MISSISSIPPI.
approval endorsed as aforesaid, to the party entitled
thereto, and shall file and preserve in his office all
accounts, receipts, vouchers and papers touching
said claims, and to enable the said agent to take
proof as to the justiee and correctness of any such
claim or claims, he shall be authorized if he deems
it necessary, to administer an oath for that purpose.
Sec. 2. Be it further enacted, That to expedite
the payment of all such claims as are provided for
in this act, it shall be the duty of the said agent!
immediately after he shall be appointed by the
Governor, without delay, to visit the various mili¬
tary divisions of this State and give notice of his
location at some suitable and eligible point in such
division, where he shall remain a sufficient length
of time to examine and certify the claims provided
for in this act, and when all' such claims are col¬
lected, stated and audited in such manner as are
provided for in this act, the appointment and duties1
of said agent shall cease ; and the said agent shall
receive for his service a compensation not to exceed
the sum of fifteen hundred dollars per annum in
addition to his transportation while actually en¬
gaged in performing the duties required of him by
this act, to be paid by the Qurrtermaster General.
Sec. 3. Be it further enacted, That all acts or
parts of acts in conflict with this act be and the,
same are hereby re [tea led.
Sec. 4. Be it further enacted, That this act take
effect from and after its passage.
Approved, December 9, 1863.
CHAPTER LXXVI.
AN ACT for the relief of Thomas «T. Fortson.
Section 1. Be it enacted by the Legislature of
<fche State <>1 Mississippi, That all the civil disabili¬
ties of Thomas Jefferson Fortson, a minor of Monroe
county Mississippi, existing under the laws of this
State on account of his minority, be and the same
are hereby removed, except the right of suffrage,
and,he is hereby authorized to receive and receipt
laws of mississippi.
for and make such other disposition of his property
as he would be able to do had he arrived at the age
of twenty-one years.
Sec. 2. Be it further enacted, That this act shall
take effect and be in force from and after its pas¬
sage.
Approved December 9, 1863.
CHAPTER LXXVII.
AN ACT for the benefit of Moses E. Enochs.
Section 1. Be it enacted by the Legislature of
the State of Mississppi, That Moses E. Enochs be
and he is hereby made and constituted the legal
heir of Moses J. Edde, of Monroe county Missis- 4
sippi, and should the said Mbses J. Edde die with¬
out a last will and testament, or should he make a
last will and testament and not make a different
disposition of his property or any portion thereof,
the said Moses E. Enochs shall inherit the same as
his portion thereof, the same as if he were the son
and natural heir of the said Moses J. Edde., ,
Sec. 2. Be it further enacted, That this act shall
take effect and be in force from and after its passage.
Approved December 9, 1863.
CHAPTER LXXYIII.
AN ACT for the relief of Thomas A. Mitchell, of Pontotoc
County.
Sechon 1. Be it enacted by the Legislature of
the State of Mississippi,. That the Auditor of Pub¬
lic Accounts is hereby authorized and required to
issue his warrant on the State Treasury in favor of
Thomas A. Mitchell, of Pontotoc county, payable
out of the cotton relief funds for the amount of two
hundred dollars, being amount of said notes de¬
stroyed by worms during his captivity and in a
northern prison and belonging to said Mitchell
13—L
LAWS OP MISSISSIPPI.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.'
Approved December 9, 1863.
CHAPTER LXXIX. ,
AN ACT for the relief Isham Dansby, of Newton county.
Whereas, A bounty land warrant, No. ninety-
six thousand eight hundred and thirty-seven, for
one hundred and sixty acres, was issued by the
Government of the United States to Joel A. Ketch-
um, of the county of Newton, and received and
transferred by the said Joel A. Ketchum, since the
passage of the ordinance of secession by the Con¬
vention of the State of Mississippi, to Isham
Dansby, of said county and State of Mississippi:
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That "the said Isham Dans¬
by be and is hereby authorized to locate said
bounty land warrant number ninety-six thousand
eight hundred and thirty-seven, for one hundred and
'sixty acres, on any vacant land within the limits of
tho> State of Mississippi, and the Register of the
Land Office of the District in which said location
may be made, is required to issue, a certificate of
such locations to the said Isham Dansby without
requiring the usual affidavit required by law for
the location of bounty land warrants under the
United States Government.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved December 9, 18G3.
CHAPTER LXXX.
AN ACT to amend an act entitled An net to amei d the law
in relation to the State University.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Trustees now in
office shall continue in office until the next regular
LAWS OF mississippi.
sc-ssion of tlie Legislature and until their successors
are elected they shall be assembled at any place
and time ordered by the Governor, and be divided
into three classes as provided for in the act to
which this is an amendment ; the time of the first
class to be for two years ; of the second class for
four years, and of the third class for six years. At
any meeting of the board three members shall con¬
stitute a quorum to transact business. All vacan¬
cies in the board shall be filled by appointment by
the Governor until the ensuing regular session of the
Legislature. The Governor shall have power to
appoint an executive committee to take charge of
the property of the University until the first meeting
of the board, with power to remove perishable
property in case of damage thereto.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 9,1863.
CHAPTER LXXXI.
AN ACT to authorize the Boards of Police of Winston, Noxubee
and Choctaw counties to borrow money from the School Funds
of said counties for the use of the destitute families of soldiers
in said counties.
Section l.Beit enacted by tlie Legislature of
the State of Mississippi, That the Boards of Police
of Winston, Noxubee and Choctaw counties, be and
they are hereby authorized to borrow from the
trusteees of the school and School lands in their
counties, and the said trustees are hereby directed
to lend to said Boards of Police any and all money
belonging to the school funds in their counties to
be used by said Boards of Police in making pro¬
vision for fhe wants and necessities of the destitute
or indigent families of soldiers residing in said
counties : Provided, however, That the said Boards
of Police shall be compelled to pay interest annu¬
ally on said money to said trustees, for the use of
schools, at the same rate that said trustees have
LAWS OF MISSISSIPPI.
heretofore lent said money to private individuals.
Sec, 2. Be it further enacted, That this act shall
take effect from and after its passage.
Approved December 9, 1863.
CHAPTER LXXXII.
AN ACT for the relief of the Probate Clerk of Lauderdale
County.
Section I. Be it enacted by the Legislature of
£he State of Mississippi. That the Board of Police
of Lauderdale county (if they shall deem it neces¬
sary) are hereby authorized to make an appropria¬
tion, not to exceed one hundred dollars, to the
Probate Clerk for ex-officio services.
Sec. 2. Be it further enacted, That this act
be in force and take effect from and after the first
day of January, 1864.
Approved December 9, 1863.
CHAPTER LXXXI1I.
AN ACT to supply soldiers of the State of Mississippi, either
in the State or Confederate service with shoes and clothing.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Governor be and
is hereby authorized to make or cause to be made,
a contract with the Confederate States, for the
hides of the beeves slaughtered in this State for the
subsistence of the army, and to negotiate for the
control of the tanneries in this State or so many
thereof us may be necess&iry to tan said hides.
Sec. 2. Be it further enacted, That the hides
when tanned shall be manufactured info shoes for
the soldiers serving in the armios of the State or
Confederate States, and have the same transported
to any point in the State or elsewhere, for distri¬
bution and sale, as he may designate, there to be
sold at cost price of manufacturing the same, to
such soldiers of this State as may need them for
LAWS OF MISSISSIPPI.
their own u3e, under such regulations as he'may
prescribe.
Sec. 3. Be it further enacted, That the Governor
be and he i3 hereby authorized to contract with the
manufacturing establishments of this State for
liuseys and lowels and other suitable goods, the
same to be manufactured into clothing and sold as
provided in section 2, in case of shoes.
Sec. 4. Be it further enacted, That the Gover¬
nor is hereby clothed with all the power necessary
in his judgment to accomplish the purposes of this
act, and that ail monies necessary to its successful
execution shall be paid out of the military funds
now provided or which may hereafter be provided
by law.
Sec. 5. Be it further enacted, That the Governor
shall cause to be kept an account of all monies
expended under the provisions of this act, and the
proceeds of all sales made in pursuance thereof,
and report the same to the next session of the
Legislature.
Sec. 6. Be it further enacted, That the pro¬
ceeds of the sales as above provided shall be re¬
turned to the Treasury upon the receipt warrant of
the Auditor and placed to the credit of the " Mili¬
tary Fund."
Sec. T. Be it further enacted, That this act take
effect from and after its passage.
Approved December 3, 18b3.
CHAPTER LXXXIV.
AN" ACT for the relief of Robert Haywood Whitley.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the disabilities of
Robert Haywood Whitley, of Monroe county, be so
removed as to allow him to make a last will and
testament, making such disposition of his property
as he may think proper.
Sec. 2. Be it further enacted, That this act shall
take effect and be in force Irom and after its pas¬
sage.
Approved, December 9,1863.
laws op mississippi.
CHAPTER LXXXY.
AN ACT to increase the salary of the Probate Judge of
Monroe County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the salary of the
Probate Judge of Monroe county shall be fifteen
hundred 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 9, 1863.
CHAPTER LXXXVL
an ACT to repeal the fifth section of an act entitled "An act to
reduce the county tax of Greene county," approved Decem¬
ber 5th, 1861.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That section fifth of an
act to reduce the county tax of Greene county, ap¬
proved December 5tli, 1861, be and the same is
hereby repealed.
■ Sec. 2. Be further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 1, 1863.
CHAPTER LXXXYII.
an ACT to compel Anderson Bean, Ex-Sheriff, to pay over
certain money to the Treasurer of Chickasaw county, and for
other purposes.
Sfction 1. Beit enacted by the Legislature of
the State of Mississippi, That the County Treas¬
urer of Chickasaw county and his successors in
office, are hereby authorized to receive of and from.
Anderson Bean, the sum of five thousand two
hundred and forty flollars, with the legal interest
LAWS OF MISSISSIPPI.
thereon, being; the amount collected by the said
Bean as sheriff, from the tax payers of said county
as an excess of railroad tax for subscription under
the order of the board of police of said county,
and the receipt of said treasurer shall be a full and
complete discharge of said debt.
\Sec. 2. Be it further enacted, That in case
the said Bean refuse or neglect to pay said sum of
money, the board of county police is hereby em¬
powered to institute suit for the same in the Circuit
Court of said county in the name of said board of
police for the use of said cpunty tor money had and
received for the use of the county of Chickasaw.
Sec. 3. Be it further enacted, That when said
sum of money shall be collected, the same shall be
distributed by, order of said board of police,
among the indigent families of soldiers residing in
said county.
Sec. 4. Be it further enacted, 'That this act
take effect and be in force from and' after its pa^
sage.
'Approved, December 1,1863.
CHAPTER LXXXVIII.
AN ACT to be entitled an act to amend " An act to incorporate
the Bank of Jackson and other Banks.'!
Section 1. Be it Enacted by the Legislature of
the State of Mississippi, That the 5th section of an
act entitled " An act to incorporate the Bank of
Jackson and other Banks," be so amended that ex¬
ecutors and administrators of deceased stockholders
shall be allowed to represent the stock of the de»
cedent's estates, at each annual meeting of the
stockholders of the said Bank, to deliberate and
vote on all matters that may be transacted at said
annual meeting.
Sec. 2. l»e it further enacted, That at said an¬
nual meeting, it shall be lawful for any stockholder
who may from any cause be unable to attend any
such meeting, to appoint any other "stockholder as
liis or her proxy, to represent such absent stock-
liAWS OP mississippi.
holder at such annual meeting:, said appointment to
be in writing and signed by the party making the
appointmen t.
Sec. 3. Be it further enacted, That this act
shall only apply to the " Bank of Aberdeen," estab¬
lished in the city of Aberdeen and county :of
Monroe.
Sec. 4. Be it further enacted, That this act shall
take effect and be in force frotp and after its pas¬
sage.
Approved November 14,1863.
CHAPTER LXXXI£.
AN ACT for1 the relief of the Prebate Clerk ef Newton county.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Board of Police
of said county is hereby authorized and required to
allow the said clerk fifty dollars in addition to
what is now allowed by law, for extra services
rendered by said clerk.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
xVpproved, December 5, 1863.
CHAPTER XC.
AN ACT making certain appropriations therein Darned.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the following sums
be allowed and paid out of any money in the trea¬
sury not otherwise appropriated:
S. M. Hamilton, for medical bill, $84 00
Servant Charles, attendant upon capitol,. 200 0
J. W. Harris, for money advanced troops,
expedition to Pensacola, 100 00
Thos. M. Canon, for taxes over-paid, 32 40
W. M. Haley, Sheriff Copiah county, for
feeding prisoners, 241 50
lawa op mississippi.
E. C. Eggleston-, Sheriff of Lowndes coun¬
ty, for conscripts, $302 00
Lunatic Asylum, for claims vs. Peniten¬
tiary, . 1086 00
E. C. Eggleston, for negro hire and sun¬
dries, , 374 50
Charles Love, for wood,. 163 00
T. T. Worley, for two pitchers, 5 00
W. C. Worrell, for desks, ;., 194 00
Mrs. S. Orme, for gas, 1 155 00
R. C. Miller, for pitchers, &c., . 37 00
Jamea Blair, for paste, &c., ............. 23 25
Hardy Stevens, for desks and negro hire,. 118 00
Mrs. Y. M. Murphy, for costs due her late
husband, clerk of Noxubee County
Court, 108 95
Read & Dickson, for 300 lances, , 750 00
Wm. Cady, for carriage hire at" Inaugura¬
tion of Governor, 30 00
Christian Church, for use of their house
for Senate, 200 00
M. D. Haynes, Treasurer, for expenses of
removal, 412 00
T. A. Mitchell, for Military note lost, and
interest, 61 50
Cooper & Kimball, for Printing, 2950 55
D. R. Cor ley, Scrgeant-at-arms, 100 00
J. M. G. Dickinson, Page, 25 0ft
, R. F. Hudson, ditto, I 25 00
John Price, Page of Senate, for cups,.'... 2 00
John Price, ditto extra, 25 00
Sec. 2; Be it further enacted, That this act shall
be sufficient authority for the payment of the re¬
spective sums of money hereinbefore specified :
■ Provided, that the auditor of public accounts shall
be and he is hereby required to take from the per¬
sons respectively to whom. appropriations are
herein made, a receipt in full for the services and
items stated in their respective claims, and that
this act shall take effect and be in full force from
and after its passage.
Approved December 9, 1863.
laws op mississippi.
CHAPTER XCI.
AN ACT to authorize Mrs. Maria E. Waldington, Guardian of
the minor children of Douglass S. King, deceased, to sell
salves beloDgingto her wards, and for other purposes.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That Mrs. Maria E. Wad-
lington, of the county of Yazoo, guardian of the
minor children of Douglass S. King, deceased, be
and she is hereby authorized and empowered to sell
for cash, either publicly or privately, a portion of
the negro slaves belonging to her said wards, and
to invest the proceeds thereof in land for the use •
and benefit of her said, wards. k
Sec. 2. Be it farther enacted, That the said
guardian shall take the title to any land purchased
under the provisions of the first section of this act,
in the name of her wards or in her own name, as
their guardian, and shall be subject to the control
and supervision of the Probate Court of the county
in which the land so purchased may be situated, in
accordance' with existing laws and with such bond
for the faithful performance of the provisions of
this act, as shall be approved of by the Probate
Judge of Yazoo county.
Sec. 3. Be it further enacted, That this act
shall be in force from and after its passage.
Approved, November 26, 1863.
CHAPTER XCII.
AN ACT making appropriations for the Military Service for
the nest fiscal year.
Sec. 1. Be it enacted by the Legislature of the
State of Mississippi, That the sum of two mil¬
lions four hundred thousand dollars be and the
same is hereby appropriated out of any money not
appropriated, or so much thereof as ipay be neces¬
sary for the payment of the troops, officers and
men • engaged in the military service of the State,
embracing the bounty, outfit, and maintenance of
the same. And the auditor of public accounts is
laws of mississippi.
hereby authorized and required to issue his war¬
rants in s.uch sums and at such times as the Gov¬
ernor may require, in the payment of the same.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Approved, December 9, 18(53.
CHAPTER XCIII.
AH ACT to authorize the State Treasurer to employ a Clerk.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Treasurer .of the
State of Mississippi be and he is hereby authorized
to appoint a suitable.person to act as clerk in his
office.
Sec. 2. Be it further enacted, That said clerk
shall receive a Salary of twelve hundred dollars
per annum, to be paid to him quarterly.
Sec. 3. Be it further enacted, That this .act
take effect and be in full force from and after its
passage.
Approved December 9,1863.
CHAPTER XCIY.
AN ACT for the relief of George R. Fall.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, .That the Treasurer of this
State be and he is hereby authorized to redeem
from George R. Fall, the left hand half of Cotton
note number one thousand one hundred and thirty,
issued by this State, by paying to the said George
R. Full the sum of fifty dollars, which was the
amount "of the whole of the original note, pro¬
vided the said George R. Fall shall enter into
bond in the sum of one hundred dollars, condi¬
tioned that he, the said Fall, will protect and save
harmless from loss the State, for and on account of
the claim of any other party to said note, which is
presumed to be lost.
LAWS OF MISSISSIPPI.
Sec. 2. Be it further enacted, That this act shall
take effect and be in force from and after it3
passage.
Approved, "December 1,1863. ,
CHAPTER XCY.
AN ACT to increase the salary of the Probate Judge
iramba county.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the annual salary
of the^Probate Judge of Itawamba county, shall
be eight hundred dollars, instead of six hundred
dollars, as now provided.
Sec. 2. Be it further enacted, That this act take
effect from and after the first day of January, 1864.
Approved, December 9, 1863.
CHAPTER XCVI.
AN ACT to change the naae of Mildred Harris, of Itawamba
County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That Mildred Harris
shall hereafter he called and known by the name of
Mildred Sparks, and by said name may sue and be
sued, plead and be impleded, in any court of law
of equity.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 23, 1863.
CHAPTER XCVII.
AN ACT to change the time of holding the Probate Court o f
Lawrence County.
Section 1. Be it enacted by the Legislature of
the State of Mississinni. That hereafter the Probate
[laws of mississippi.
Court of Lawrence county shall commence on the
fourth Monday of each month, instead of the first
Monday, as now provided by law. and that this
act take effect from and after the tenth day of
December, 1863.
Approved December 1, 1863.
CHAPTER XCV1II.
AN ACT to enable the counties of Lovrudes, Oktibbeha and
iNoxuhee and the ciiy of. Columbus, to settle up and close
their subscription to the capital stock of the Mobile and Ohio
Railroad Company.
Section 1. Be it enacted by the Legislature of
the State of Mississippi,, That the Boards of Po¬
lice for the counties of Lowndes, Oktibbeha and
Noxubee, be and they are hereby authorized and
empowered to settle up, close and dispose of their
several subscriptions to the capital stock of the
Mobile and Ohio Railroad Company on the prin¬
ciple of justice and equity.
Sec. 2. Beit further enacted, That the Mayor
and Aldermen of the City of Columbus be and
they are hereby authorized and empowered to set¬
tle up, close and dispose of their subscription "of.
said city to the capital stock of the Mobile and
Ohio Railroad Company, on the principle of jus¬
tice and equity.
Sec. 3. Be it further enacted, That this act
shall take effect and be in force from and after
its passage.
Approved, December 1,1863.
CHAPTER XC1X.
AN ACT for the relief of Samuel M. Meek.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Auditor of Pub¬
lic Accounts be and he is hereby directed to pay to
LAWS OP MISSISSIPPI.
Samuel M. Meek, the sum of three hundred and
seventy-five dollars, the amount of salary of said
Meek, withheld by the Auditor in consequence of
the absence of said Meek, from the State, it appear¬
ing to the satisfaction of the Legislature that said
Meek while absent was engaged a§ an officer in the
army, and returned in time to attend and did at¬
tend all the sessions of the court in his district and
perform his duty therein as District Attorney.
Approved, November 18, 1863.
CHAPTER C.
AN ACT for the relief of Cooper & Kimball, State Printers.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Auditor of Pub¬
lic Accounts be and is hereby required to draw his
warrant on the Treasury in favor of- Cooper &
Kimball, for the sum of thirteen hundred and
seventeen dollars and ten cents, to be paid out of
any money in the Treasury not otherwise appro¬
priated, for printing the laws and journals of the
called session of the Legislature held in December
and January last.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Approved, December 1, 1863.
CHAPTER CI.
AN ACT to remove the civil and legal disabilities of Samuel
B. Jones, of Sunflower County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That from and after the
passage of this act, it shall be lawful for him to
enter upon and take possession of his estate, and
do and perform all and every act which it might
be lawful for him to do if not a minor, except to
exercise the right of suffrage.
LAWS OF MTSSIS8IPPJ.
Sec. 2. Be it further enacted, That this act
shall be in force from and after its passage.
Approved, November 28, 1863.
CHAPTER CH.
AN ACT for the relief of John A. McNeil.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Treasurer and
Auditor be authorized and required to sign dupli¬
cate bills to' the amount of twenty-six hundred and
seventy dollars, bearing same numbers, dates, and
payable at the same time the original bills were
payable in the Treasury notes of said State, bear¬
ing ten per cent, interest, the original bills being so
soiled and mutilated as to be unfit for use ; said
bills being now in the possession of John A.
McNeil, and that said bills be destroyed by said
Auditor and Treasurer.
Sec. 2. Be it further enacted, That this act be in
force from and after its passage.
Approved December 2, 1862.
CHAPTER CIII.
AN ACT to anthorize the Board of Police of Jasper county to
correct the levy of the poor tax of eaid coun y.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Board of Police
of Jasper county be and the same is hereby au¬
thorized to correct the levy of the poor tax of said
county, levied at their regular meeting in October
last, upon the assessment of the State tax of said
county, for the fiscal year commencing the first day
of May last, and that said corrected levy shall be
as valid and binding as if made at their regular
meeting held on the second Monday of October,
1863.
'LAVS or mississippi.
Sec. 2. Be it further enacted, That this act
take effect and be in force from and after its pas¬
sage.
Approved, December 5,1863.
CHAPTER CIY.
AN ACT for the relief of Thomas Harris and James L. Burk, of
Scott County".
Section' 1. Be it enacted by the Legislature of
the State of Mississippi, That the Sheriff of Scott
county be and he is hereby authorized and directed
to suspend the collection of an execution in his
hands in which the State of Mississippi is plaintiff
and Thomas Harris and James L. Burk are defen¬
dants, until twelve months after the termination of
the present war or unty otherwise 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, 1S63.
CHAPTER CV.
AN ACT to enable the Board of Police of Monroe county to
levy a t'x f- r the support of the dependents of soldiers, etc.,
from said county.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the board of police
of the county of Monroe be and the same is hereby
authorized to levy and collect snch a tax from the
citizens and property of the said county as may be
necessary for the support of the wives, widows,
children and other deoend-mts of such soldiers from
this county as are in or have died or been disabled
in the military service of the country.
Skc. 2. Be it further enacted. That the said
board of police be and the same is hereby author¬
ized to levy and collect -uch a tax from the citizens
and property of the said county, as may be found
necessary to pay off any indebtedness which the
laws op mississippi.
county now owes and which was created for the
support of the dependents of soldiers as aforesaid.
sec. 3. Be it further enacted, That the subjects
of taxation under this act shall be the same as
those under the general revenue law of the State,
and shall be collected as other taxes.
sec. 4. Be it further enacted, That this act shall
take effect and be in force from and after its pas¬
sage.
Approved, December 5, 1863.
CHAPTER CYI.
AN ACT to repeal an act reducing the salary of the Probate
Judge of Rankin County.
section 1. Be it enacted by the Legislature of
the State of Mississippi, That an act entitled an
act to reduce the salary of the Probate Judge of
Rankin county, approved December 16th, 1861, is
hereby repealed.
sec. 2. Be it further enacted, That this act
take effect from and after its passage.
Approved, December 3, 1863.
CHAPTER CVII.
AN ACT further to provide for soldiers and other families in
the county of Attala.
section 1. Be it enacted by the Legislature of
the State of Mississippi, That the board of police
of the county of Attala shall have power and au¬
thority to use and appropriate any funds now in the
treasury of said county, raised for common county
purposes, not otherwise needed, for the support of
soldiers and other indigent families in said county.
sec. 2. Be it further enacted, That this act
shall take effect from and after its passage.
Approved, December 5, 1863.
14—l
laws op mississippi.
CHAPTER CYIIL
AN ACT to authorize the Board of Police in Wayne county
to discharge the duties of school commissioners, and. for other
purposes.
Section 1. Be it enacted by the Legislature oi»
the State of Mississippi, That the members of the
Board of Police of Wayne county be and are
hereby made by virtue of their office school com¬
missioners for said county.
Sec. 2. Be it further enacted, That all acts or
parts of acts coming in conflict with this act be
and the same are hereby repealed.
■Sec. 3. Be it further enacted, That this act take
effect from and after its passage.
Approved, December 5, 18(53.
CHAPTER CIX.
AN ACT to authorize the Board of Police of Jackson county to
employ the free negroes of said couuty in ce.tain cases.
Section L Be it enacted by the Legislature of
the State of Mississippi, That the board of police
of Jackson county are hereby authorized 1;o employ
under such regulations as they may deem just, du¬
ring the continuance of the present war, all able
bodied free negroes living in said county in the
manufacture of salt, for the use of the families of
soldiers, whether living or dead ; Provided, That
the said board of police of said couuty shall pay
said negroes so employed a fair and just compen¬
sation for their labor.
Sec. 2. Be it further enacted, That said board
of police are also authorized under the provisions
of the 1st section of this act to employ said free
negroes in any other branch of industry or service
which shall conduce to the support and mainten¬
ance of said families.
Sec. 3.' Be it further enacted, That in case said
free negroes shall refuse to be employed as provided
in tlxe 1st and 2d sections of this act, the board of
police of said county shall have the power and
LAWS OP MISSISSIPPI.
authority to direct ami enforce the removal Of said
free negroes from the State upon such terms and
conditions us may be just; Provided, such removal
shall not bo made without giving at least sixty
days notice to said, free negroes to leave.
Sec. 4. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 7, 1803.
CHAPTER CX.
>
an act to increase the salary of the Probate Judge of Lau¬
derdale county.
Section 1. Be it enacted by the Legislative of
the State of Mississippi, That' the Salary of the
Probate Judge of Lauderdale county be increased,
and that instead of five hundred dollars per an¬
num, as now provided by law, he shall receive*
one thousand dollars per annum, payable semi-an¬
nually, out of the treasury of said coitnty, which
sum shall be in lieu of alt fees and perquisites
whatsoever,
Sec. 2. Be it farther enacted, That all laws
and parts of laws in conflict with this act be and
the same are hereby repealed.
Sec. 3. Be it further enacted, That this act take
effect and be in force irom and after the first day
of January, 1864.
Approved, December 5,1863.
CHAPTER CXI.
i
AN ACT to remove the civil disabilities of Anthony D. Gordon,
a minor of Lauderdale county, so I'm us to fender him legally
quail lied to make a last will and testament.
Section 1, Beit enacted, by the Legislature of
the State of Mississippi, That the civil disabilities
of Authony D. Cordon, a minor, of Lauderdale
county, be removed so far as to render him quali¬
fied to make a last will and testament, and that
laws of mississippi.
said last will and testament shall be valid and
binding as if he were of full age.
Sec. 2. Ee it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 2, 1863.
CHAPTER CXII.
AN" ACT to amend an act entitled " An act to appropriate fines,
forfeitures, licences and runaway slaves in the county of
Jones," approved December the 4th, 1861.
Section 1. Be it enacted by the Legislature of
the State of Mississippi,' That the provisions of
the above recited act be and the same are hereby
extended to the county of Rankin.
Sec. 2. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 2, 1863.
CHAPTER CXIII.
AN ACT for the relief of William C. Nickle, Tax Assessor of
Panola County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the board of police
of Panola county bo and it is hereby authorized to
allow to William C. Niclde, tax assessor of said
county, any reasonable compensation, not to exceed
the sum of five hundred dollars per annum, for as¬
sessing the county taxes, including the year 1863,
to be paid out of the county treasury, any acts or
parts of acts to the contrary notwithstanding.
Sec 2. Be it further enacted, That this act
shall take effect from and after its passage and re¬
main iivforce so long as the said William C. Nickle
holds the office of tax assessor of Panola county,
and no longer.
Approved, December 2,1863.
LAWS or MISSISSIPPI.
CHAPTER OXJV.
AN ACT h> authorize USTaroi^a L B-irk dale to cmanciijats her
slave John.
"Whereas, The late Brigadier General William
Barksdalc, who was killed at the batfld of Gettys-
hurg, while nobly leading oil his brigade, had with,
him a trusty riegro servant named John, who re-
mnined on the field, faithfully' attached to the per¬
son of his master; and who/eas, said negro
servant John, disdaining to receive his liberty
from the hands of the murderers of his mister,
and did return to the family of his said master.
Therefore,
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That Eareissa L. Barks-
dale, widow and sole legatee of the said William
Barks-dale, lie and she is hereby authorized by heir
last will and testament to emancipate said slave
John, to take effect at her death.
Sen, 2. Be it further enacted, That this act
shall take effect and be in force from and after its
passage.
Approved, .December 7, 1803.
CHAPTER CXV.
AN ALT to authorize the repair of the Mobile and Ohio Rait-
raad between Okalona and Saltillo, ia thid State, and for
other purposes.
Section 1. Be it enacted by the Legislature of
the State of Mississppi, That the Governor of the
State or his duly authorized agent is hereby author¬
ized to make without delay, such, a contract, om
such terms as |iu may think right and just, for the.
speedy repairs of the Mobile and Ohio Railroad
lrcm Okuhrna to Saltillo, and so much beyond
Saltillo as ho may think the military services or the
proper defense of the State requires,
214
laws op mississippi.
Sec. 2. Co it further enacted, That in order
to accomplish the object contemplated in the lirst
section of this act, the Governor of the State or
his agent duly authorized as aforesaid, shall have
power to employ labor, to purchase necessary sup¬
plies,implements,etc., and to do whatsoever else may
be necessary in the premises ; and if the Governor
or his agent cannot hire the labor nor purchase the
supplies necessary for the purposes aforesaid, he
shall have the power to impress the same, imposing
as little inconvenience upon the citizens as practi¬
cable and allowing for their labor and supplies
employed and used, a fair and just compensation.
Sec. 3. Be it further enacted, That the Auditor
of Public Accounts shall issue his warrant or
warrants, in favor of the Governor, upon his order
for such sum or sums, as he may require from time
to time as the work progresses, upon the State
Treasury, payable out of any monies not o lierwise
appropriated; Provided, the aggregate amount
drawn does not exceed the sum of forty thousand
dollars ; and it shall be the duty of the Governor
at the next regular session of the Legislature, to
make a full report of the contract made with said
company, the amount of money drawn from the
Treasury, the amount expended, in what manner,
etc.; Provided, That the Governor is authorized
. and empowered, instead of undertaking the con¬
struction of said road on the part of the State, to
contract with the directors of the road for the im¬
mediate reconstruction of that part thereof referred
to in this act, by an agreement on the part of the
State to indemnify the said corporation the actual
loss which it may sustain over and above the profits
it may have made should the work done under this
act be hereafter destroyed by the military forces of
the enemy, or by those of the State or the Con¬
federacy.
Sec.- 4. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, November 26, 1863.
laws of mississippi.
CHAPTER CXVT.
AN ACT for the relief of D. II. Maury.
Section Be it enacted l>y the Legislature of the
Slate of Mississippi, That P. H. Maury, whose
negro girl was executed for arson on the 25th of
September, 1801, in the county of Rankin, shall
receive the same pay and in the same manner as
citizens of this State do, as prescribed in section
11, article 00, page 250 of the Revised Code.
Sec. 2. Do it further enacted, That this act take
effect from its passage.
Approved, December 7, 1803.
CHAPTER CXVII.
AN ACT for the benefit of the Lunatic Asylum.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the sum of fifty
thousand' dollars be set apart and appropriated as
a fund for the annual support and maintenance of
the Lunatic Asylum, and that said sum be divided
into four equal parts, and paid every three months
in advance, on the written order of the Superin¬
tendent, out of any money in the treasury not
otherwise appropriated.
Sec. 2. Be it further enacted, That the sum of
twenty-five thousand dollars be set apart as a con¬
tingent fund for the benefit of said institution, and
that it be placed at the discretion of the Governor.
Sec. 3. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 2, 18G3.
CHAPTER CXYIII.
AN ACT to authorize and require the Governor to .cause to be
prepared wud printed a sufiicient amount of bonds bearing
eight per cent interest, for the purpose of calling in and
taking up the Treasury Notes issued by law for military de¬
fense of this State.
Section 1. Be it enacted by the Legislature of
laws of mississippi.
tlie Stato of Mississippi, That the Governor he and
he is hereby required to cause to be printed on
good paper of a durable quality, a sufficient num¬
ber of notes or bonds in the following words, to
wit: No.—. The State of Mississippi will pay
five hundred dollars, payable ten years after day,
with.eight per cept. interest., payable annually, at
the Treasurer's Office, Jackson, Mississippi,
186 Auditor -Treasurer. Which note
or bond shall be signed by tlie Treasurer, and
countersigned by the Auditor of Public Accounts,
and the number and amount of. notes or bonds
shall be registered in a book by the Treasurer, to
be kept by him for that purpose.
Sec. 2. Be it further enacted, That the note? or
bonds when prepared and delivered to the Gover¬
nor, shall be deposited with the Treasurer, and on
application of any holder of the treasury notes
issued by authority of law to the Auditor of Pub¬
lic Accounts, lie shall issue his warrant on the
Treasurer to receive the same, and deliver to the
party so applying the notes or bonds bearing eight
per cent interest in lieu thereof, provided the sum
so presented shall amount to five hundred dollars.
Sec. 3. Be it further enacted, That it shall be
the duty of the Auditor and Treasurer, in the
presence of the Governor, to cancel the Treasury
Notes so exchanged, within ten days thereafter, to
be kept by the Treasurer in his office, to be by him
exhibited to the committee or commissioners ap¬
pointed by the proper officers to examine the Au¬
ditor's and Treasurer's office.
Sec 4. Be it farther enacted, That it shall be the
duty of the Treasurer to cause publication, in two
or more newspapers, published in this State, that
tlie bonds or notes provided for by this act, are in
his office and ready to be exchanged for the trea¬
sury notes contemplated by this act.
Sec. 5. Be it further enacted, That the Gover¬
nor is hereby authorized to issue his order to the
Auditor, who shall issue his warrant on the Trea¬
surer for such sum as may be required to pay for
the notes or bonds, contemplated to be engraved
and printed and delivered, for the purpose contem¬
plated by the provisions of this act, payable out of
LAWS OF MUSISSIFPI.
any money in the treasury not otherwise appro¬
priated.
Seo. 6. Be it further enacted, That this act take
effect and he in force from and after its passage.
Approved, December 5, 18G--5.
CHAPTER CXIt.
AN" ACT to provide for the destruction of certain bonds and
Treasury notes in the Auditor's and Treasurer's offices, and for
the registering ahd de-triiction of cotton notes.
Section 1. Be it enacted by the Legislature Of
the State of Mississippi, That it shall be the duty
of the TrOu surer of the State to buril in the pres¬
ence of the- GbVesnor and Auditor of Public A©-
counts, all the bonds and treasury notes signed by
the late E. R. Burt, Auditor of Public 'Accounts,
which were not issued and now in the Treasury; be¬
fore the destruction of 'any bonds or notes, as
directed in this act, it shall be the duty of the
Treasurer and Auditor, in the presence of the
Governor, to write opposite the numbers of the
bonds or notes in the books kept in their respective
offices in which said bonds and notes are registered
the date of finch destructionj
Sec. 2. Be it further enacted, That it shall be
the duty of the Treasurer to register in, a book to
hi kept for that purpose, all the cotton notes that
are now or may hereafter be parid into the Treas¬
ury, and shall immediately cancel the same with a
cancelling hammer, and the amounts paid into the
Treasury shall, from time to time, be destroyed in
the manner provided for the destruction of treasury-
notes aiid bonds in the Hrst section of this act.
8e<\ 3. Be it further enacted, That it shall be
the duty of the Auditor of Phblic Accounts to de¬
stroy ail bonds and treasury notes that have been
redeemed and cancelled in his office in the same
maimer as is required by the first section of this
act, for the destruction of bonds and notes in the
Treasury.
laws of mississippi.
Sec. 4. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 5, 1803.
CHAPTER CXX.
AN ACT to authorize the Treasurer to use the Three Per Cent.
Fund in payment of the current expenses of the State.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the Treasurer be and
he is hereby authorized to use in the payment of
warrants drawn on the Treasurer, the three per
cent, fund which is now in or which may hereafter
come into the Treasury, and this act take effect and
be inforce from and after its passage.
Approved, December 5, 1863.
CHAPTER CXXI.
AN ACT to provide for the examination of the offices of Auditor
of Public Accounts and State Treasurer.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the President of the
Senate and Speaker of the House of * Representa¬
tives, appoint, subject to the approval of both
branches of the Legislature, two suitable business
men to act as commissioners to examine the vouch¬
ers, books and accounts of the offices of Auditor of
Public Accounts and State Treasurer, and that the
said commissioners be authorized to employ for
their assistance a skillful book-keeper.
Sec. 2. Be it further enacted, That it shall be
the duty of said commissioners to examine minutely
the vouchers, books and accounts of the office of
Auditor of Public Accounts from the first of No¬
vember, 1859, up to the 31st of October, 1803. and
of the State Treasurer for the years 1859, 00. 01,
62 and 63, and shall count the cash balance in the
Treasury at the expiration of the present fiscal
laws of mississippi.
year, and make a detailed report of their examina¬
tion of said offices to the Governor, who shall
transmit the same to the next meeting of the Legis¬
lature. The commissioners so appointed and the
book-keeper appointed by them, shall each be al¬
lowed the sum of two hundred dollars per month,
payable at the expiration of each month; Provided,
that not more than six months shall be allowed
for such examination and report, and it shall be
the duty of' the Governor to issue his requisition
upon the Auditor for the payment of said commis¬
sioners and book-keeper, according to the provis¬
ions of this act.
Sec. 8. Be it further enacted, That this act take
effect and be in force from and after its passage.
Approved, December 1, 18G3.
CHAPTER CXXII.
AN" ACT to enable the High Court of Errors and Appeals of
this State to prevent injustice to suitors, and to correct some
of the evils arising from the present state of war.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That when the High
Court of Errors and Appeals of this State in pur¬
suance of existing law, has dismissed any appeal
or writ of error during the present war between
the United States of America and the Confederate
States of America, on motion of the appellee or
defendant in error, for the want of prosecution or
because, the record of the cause was not filed, it
shall be lawful for the appellant or plaintiff in er¬
ror, at any time within two years after the passage
of this act to move in said High Court of Errors
and Appeals to reinstate such cause on the docket,
in the same manner as if the term had not ex¬
pired, and on hearing of such motion if it shall
appear that the failure to prosecute the cause or to
file the record arose from the condition of the
country and the difficulties of the case, and not
from the negligence of the appellant or plaintiff in
error, or if the attorney of the party was absent
LAWS "OF MISSISSIPPI.
in tlie Confederate States military service, or if
from any other good cause it shall appear to said
Court to be proper to reinstate said cause, it shall
be lawful and is hereby made the duty of said
Court to set aside the judgment of dismissal in
said cause, and certify the same to the Court below,
and to reinstate said cause on the docket, and per¬
mit the record then to be filed, if not filed before,
and in all respects to proceed with said cause as if
no judgment of dismissal had ever been entered.
Sec. 2. Be dt further enacted. That in the trial
of any such motion, the certificate of the clerk of
the Court below from which the appeal or writ of
error has been prosecuted under his official seal as
to the taking of said appeal or writ of error, and
the affidavit of the party and of any other person
touching said causes shall be heard and coi sidered
by said Court.
Sec. 3. Be it further enacted, That this act shall
take effect and be in force from and after its pas¬
sage.
Approved, December 3, 1SC3.
CHAPTER CXXIII.
AN ACT for the relief of the lieirs ar,J distribut.es of J. S.
Teri'vil, Jr., deceased.
Section 1. Be it enacted by the Lecrislature of
the State of Mississippi, That the Auditor of Pub¬
lic Accounts be and he is hereby required to issue
his warrant upon the State Treasurer for the sum
of eight hundred and seventy-live dollars, to be
paid out of any money in the treasury not other¬
wise appropriated, to J. S. Terrel and \V. A. Trot¬
ter, executors of the_ last will and testament of
J. S. Terrel, Jr. deceased, said amount being due
said deceased for his services as district attorney
of the Eighth Judicial District of Mississippi, from
April the 3d, iSGJ to November 2d, 18(53.
Sec. 2. Be it further enacted, That this act be
in force and take effect from its passage.
Approved, December 5, 1803.
laws of mississippi.
CHARTER CXXIV.
AN ACT to incrciice the salary of the Probate Judge of Kemper
County.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the salary of the
Probate Judge of Kemper county shall be eight
hundred dollars.
Sec. 2. Be it further enacted, That all acts and
parts of acts conflicting with this act be and the
same are hereby repealed.
Sec. 3. Be it further enacted, That this act shall
take effect and be in force from and after the first
ot January, 1854.
Approved, November 25, 1853.
CHAPTER CXXV.
AX ACT to authorize the President of the Board of Police of
VViuston county to bring nuits for the collection of notes made
payable to the Swamp Land Commissioner of said county,
and for other purposes.
Section 1. Beit enacted by the Legislature of
the State of Mississippi, That it shall be lawful for
the president of the board of police of Winston
county, or his successor in office, to sue for and re¬
cover at law or in equity, the money due upon pro-
missary notes executed by sundry individuals and
their securities, and payable to the swamp land fund
of Winston county.
Sec. 2. Be it further enacted, That it shall be
lawful for the board of police of Winston county
after reserving a sufficiency of the money so col¬
lected to enable the swamp land commissioner of
said county to pay for any ditching and drainage
done prior to the passage of this act by'the pur¬
chasers of said swamp and overflowed lands in said
county according to law in such cases made and
provided, to appropriate the money so collected to
relieve the wants of the destitute families of soldiers
in Winston county.
laws op mississippi.
Sec. 3. Be it farther enacted, That the necessary
expenses incurred in the collection of said " swamp
land fund" shall be paid by said commissioner out
of said fund, add said commissioner shall also
under the direction of the board of police of said
county, pay for any ditching and drainage hereafter
done as now provided by law.
SEC. 4. Be it further enacted, That the appro¬
priation of five thousand dollars of the swamp land
fund of Winston county by the board of police of
said county at a special term thereof, held on the
fourth Monday of August, A. D. 1802, for military
purposes, be and the same is hereby made legal and
valid, and said sum shall not be required to be
refunded to the schpol fund of said county aftef
the termination of the present war, as provided in
the seventh section of an act requiring the boards of
police of the several counties to examine the official
action of the commissioners of swamp and over¬
flowed lands, and for othef purposes, but shall be
used and appropriated in like manner and for the
purposes that all the swam^ land fund of Winston
county is intended to be used and appropriated
according to the provisions of this act.
Sec. 5, Be it further enacted, That all acts and
parts of aels coiping in "conflict with this act be and
the same are hereby repealed, and that thi$ act take
effect and be in force from and after its passage.
Approved, Beeember 1,186*3.
CHAPTER CXXVI.
AN ACT? to hmend an act entitled "An act to amend the
Charter of the City of Jackson,'1 approved Aagust 6th, 1&6I,
and an act entitled " An act suppliruental to an act to amend
the Charter of the City of Jackson,1' approved August 6th,
1861,
Section 1, Be it enacted by the Legislature of
the State of Mississippi, That no writ of error to
the High Court of Errors and Appeals as provided
in the acts hereby amended shall be from any final
judgment or sentence of the Mayor or of the
Board of Mayor and- Aldermen for any fines or
LAWS OF MISSISSIPPI.
penalties imposed by liim for violations of law
which by the laws of the State and the Charter of
said city he is authorized to impose.
Sec. 2. J3e it Inrther enacted, That this act
it shall be in full force and effect from and after
its passage.
Approved, December 2, 1803.
CHAPTER CXXVIL
AN ACT to remove the civil disabilities of Henry B. Luckett,
a minor.
Sec, 1. Be it enacted by the Legislature of the
State of Mississippi, That the civil disabilities of
Henry B. Luckett, a minor, be and they are hereby
removed, and that the said minor be and he is
hereby authorized to perforin alliacts which he
might or could do were he twenty-one years of age,
except the right of suffrage,
Sec. 2. Be it further enacted,' That this act
shall take effect and be in force from and after its
passage.
Approved December 2, 1863.
CHAPTER CXXVIII.
AN ACT to remove the civil disabilities of James H. Matthews,
a minor of Marbhall County.
Section 1. Be it ehacted by the Legislature of
the State Of Mississippi, That the civil disabilities
of James II. Matthews, a minor of Marshall county,
be faid are hereby removed; that he shall have
power to contract and be contracted with, to sue
and be sued, and to do all things yhich he could
do if he were twenty-one years of age, except to
exercise the right of suffrage.
224
LAWS OP MISSISSIPPI.
Sec. 2. Be it further enacted, Thai this act take
effect from and after its passage.
Approved December 2, 1$63.
CHAPTER CXXIX.
AN ACT"to repeal an act entitled " An act to reduce the taxes
of H incock County, and foe other purposes,'' approved
Debember 16th, 1861.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That an act to reduce the
taxes of Hancock county, and for other purposes,
approved December 16th, 1861, be and the same is
hereby repealed.
Sec. 2. Be it further enaetcd, That this act take
'effect and be in force from and after its passage.
Approved, December 2, 1861.
CHAPTER CXXX.
AN ACT o change the name of Naney Delaware Wyatt to
that of Nancy Delaware Gibba, arid o enable Joseph Gibba
and wife to adopt her as their child.
Whereas, Joseph and Tzilla Gibbs his wife, and
Riley B. Wyatt, the father of Nancy Delaware
Wyatt, and Nancy Delaware Wyatt, an infant
under the age of twenty-one years, by Z, Gibbs,
her uncle, and next friend, hereby petition applied
to have the name of Naney Delaware Wyatt,
changed to Nancy Delaware Gibbs, and to enable
Joseph and Izilla Gibbs to adopt her as their
child; therefore,
Section 1, Be it enacted by the Legislature of
the State of Mississippi, That the name of Naney
Delaware Wyatt, infant daughter of Riley B.
Wyatt, be changed to that of Nancy Delaware
Gibbs, and by that name she shall be hereafter
known apd called, and that Joseph Gibbs and Izilla
Gibbs, his wife, of Newton county, be authorized
to adopt and they do hereby adopt her as their
LAWS OP MISSISSIPPI.
225
<cliild, and they shall haye the same control and
power over her and she shall receive and inherit
property from them in the same manner as if she
had been the lawful issue of their marriage.
Sec. 2. .Be it further enacted, That this act
take effect and be in force from and after its passage.
Approved, December 1, 1863.
CHAPTER CXXXI.
AN ACT to remove the c'vil disabilities of William Rice
Hooker.
Section 1. Be it enacted by the Legislature of
the State of Mississippi, That the civil disabilities
of William Rice Hooker, a minor under the age of
twenty-one years, be and the same are herby re¬
moved, and the said William Rice Hooker is hereby
authorized and empowered to deal, act and control
in all respects as if he were of full age, and all the
rights, privileges and powers of an adult of full
age of twenty-one years, except the right of suf¬
frage, is hereby conferred upon him.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Approved, November 14, 1863.
CHAPTER CXXXIL
AN ACT to amend chapter eight of the Revised Code establish¬
ing the fees of certain officers, so far as ir, re'ates to the Probate
Clerks of the counties of Leake and Rankin.
Section 1. Be it enacted by the. Legislature of
the State of Mississippi, That the clerks of the
Probate Court of Leake and Rankin counties be
and they are hereby authorized to demand and take
as their fees fifty per oont. additional on the amount
now allowed by said chapter eight to which this is
an amendment.
15—L
226
laws op mississippi.
Sec. 2. Be it further enacted, That this act
take effect and be in force from and after its passage.
Approved, November 26, 1663.
CHAPTER CXXXI1I.
JOINT RESOLUTION requesting the Governor to do all things
neees-ary to protect the people from illegal impressments.
Resolved by the Legislature of the State of Mis¬
sissippi, That the Governor be requested to do all
things necessary to protect the people of the State
from the illegal pressing of slaves and other
property by officers of the Confederate army, or
by parties assuming to be such officers ; especially
to prevent the wholesale pressing of slaves now
progressing in the border counties of this State,
which if continued, in our opinion, will have the
effect to cause the slaves of those counties to go
almost enmasse to the lines of the enemy.
Approved, November 20, 1863.
CHAPTER CXXXIV.
RESOLUTION of thanks to the mother?, wivep, sisters and
daughiers of this State.
Resolved bv the Legislature of the State of Mis¬
sissippi, That being profoundly and gratefully im¬
pressed with the lofty and patriotic spirit, the
ardent devotion and the unremitting labors and
sacrifices of the mothers.wives, sisters and daughters
of the State, in providing for the wants and com¬
forts of our gallant soldiers, and who by their
prayers and approving smiles have nerved our
veteran soldiers to deeds of heroism in the field in
this bloody and unequal contest with our heartler-s
and unrelenting foe, do hereby tender to them their
heartfelt thanks and the thanks of the whole peo¬
ple of the State of Mississippi.
Approved December 5, 1863.
LAWS OF MISSISSIPPI.
CHAPTER CXXXV.
RESOLUTION of thanks, &c.
Resolved by the Legislature of the State of Mis¬
sissippi, That this Legislature, and through it the
people of the Slate, hereby gratefully tender their
thanks to the soldiers of Mississippi, officers and
privates, for their patriotism, endurance and valor,
displayed in every campaign and on every battle¬
field.
2. Resolved, That this Legislature sincerely la¬
menting the fall of many brave men and valuable
citizens in the service of their country, deeply
sympathize with all who mourn the loss of kindred
and friends by the diseases of the camp or deadly
strife of battle.
3. Resolved further, That the State pledgrs her¬
self to her soldiers that those dear ones they have
left behind them shall not want whilst Mississippi
has it in her power to assist them.
4. Resolved, That a copy of these resolutions be
transmitted by the Secretary of State to the com¬
manding officers of the Mississippi regiments and
battalions, with the request that they be communi¬
cated to their respective CQmmands.
Approved December 5, 1863.
CHAPTER CXXXV1.
JOINT RESOLUTION instructing our Senators and requesting
our Representatives.
Resolved by the Legislature of the State of Mis¬
sissippi, That our Senators be instructed and our
Representatives in Congress be and they are here¬
by requested to take into consideration the practi¬
cability of using negro men in' the service of the
Confederate States as teamsters, nurses and pioneer
corps.
Approved, November 25, 18G3.
LAWS OF MISSISSIPPI.
CHAPTER CXXXVII.
JOINT RESOLUTION instructing our Senators and requesting"
our Representatives for certain purposes therein named!
Resolved by the Legislature of the State of Mis-
issippi, That the Senators in the Confederate States
Congress from this State be instructed and the
Representatives from the different districts be re¬
quested to urge before Congress the passage of an
act requiring the appointment of an agent or
agents, on the part of the Confederate States to
visit the different portions of the State of Missis¬
sippi for the purpose- of auditing, adjusting and
paying off certificates and receipts given persons
therein for'provisions and other property impressed
and used by order of Confederate States officers,,
and also pay off the amounts due the families or
legal heirs of deceased soldiers.
Approved, November 20, 1863.
CHAPTER CXXXYIII.
JOINT RESOLUTION, Whareas Governor Brown, of Georgia,
in his late message to the L gislature of that State recom¬
mended that f^-cy shou'd set apart and . ppoint Thursday, the
10th day of December next, as a day of fasting, deep humili¬
ation and prayer, and appealed to the Congress of the Con¬
federal States, aud the Legislature of the States to co-operate.
Therefore,
Resolved by the Legislature of the State of Mis¬
sissippi, That Thursday, the tenth day of December
next, be appointed and set apart as a day of fasting,
humiliation and prayer to Almighty God, that lie,
for the sake of Ilis Son, our Lord Jesus Christ,
woul 1 forgive us our manifold sins, Cover the heads
of our soldiers in the day of battle, preserve them
from the pestilence that walketh in darkness, and
from the destruction that wasteth at noonday, and
make bare His almighty arm in our salvation; to
that end it is requested that all business be sus¬
pended on that day, and that ministers and people,
officers and soldiers, repair to their respective
places of worship, and as a people acknowledge
LAWS OF MISSISSIPPI.
■our dependence on Him wlioliolds the destinies of
nations in His hand.
2. Resolved further, That the Governor be re¬
quested to issue his proclamation in conformity with,
the wish of the Legislature as expressed by the
above resolution.
Approved, November 28, 1803.
CHAPTER CXXXlX.
RESOLUTION requesting Congress to repeal the substitute law.
Resolved by the Legislature of the State of Mis¬
sissippi, That the Congress of the Confederate
States be requested to repeal that portion of the
conscript act authorizing substitution in the army,,
and that our Senators be instructed and Represen¬
tatives requested to urge the repeal of that portion
of said act at as early a day as possible; and that
the Governor transmit a copy of this resolution to-
Congress at its next session.
Approved, November 18, 1863.
CHAPTER CXL.
JOINT RESOLUTION iu reference to the President's Order
removing slaves.
Resolved by the Legislature of the State of Mis¬
sissippi, That the late order of the President of the
Confederate States " to remove negro men from
localities where they Vould probably be conscribed
by the enemy for service in their army," will cer¬
tainly fail in its object, and will result disastrously
and oppressively to the people in such localities ;
in at tempting to execute such order the negroes will
leave their homes and the larger portion will go to
the enemy ; thus certainly defeating the object of
the Government and hasten the very evil this order
is intended to prevent.
230
LAWS OF MISSISSIPPI.
2. Resolved further, That the Governor be re¬
quested to communicate the action of this Legis¬
lature to the President by telegraph immediately.
Approved, November 27, 1863.
CHAPTER CXLI.
JOINT RESOLUTION to print a certain act.
t
Resolved by the Legislature of the State of Mis¬
sissippi, That one thousand copies of the "Act
better to provide for the families of our soldiers,"
be printed in pamphlet form as soon as signed by
the Governor, for distribution amongst the several
counties of this State.
Approved Dec. 5, 18C3.
CHAPTER CXLII.
JOINT RESOLUTION granting leave of absence to the Hon.
Tryan M. Yaucy, of Marahall County.
Resolved byi the Legislature of the State of Mis¬
sissippi,That the Hon. Tryan MYancy, Judge of the
Probate Court of Marshall county, be granted
leave of absence from the State for the period of
sixty days.
Approved, November 2S, 1863.
CHAPTER CXLIII.
JOINT RESOLUTION conferring certain powers on the
Governor.
Resolved by the Legislature of the State of Mis¬
sissippi, That the Governor be and he is hereby
empowered to , use any of the machinery or other
materials purchased for the Penitentiary, which he
may deem proper for the purpose of making salt
in accordance with the laws heretofore provided,
laws op mississippi.
and he may also remove such machinery and mate¬
rial to any place he may see fit for the purpose of
making salt.
Approved, November 18; 1863.
CHAPTER CXLLV.
RESOLUTION" to donate clothing to Herndon Rangers.
Resolved by the Legislature of the State of Mis¬
sissippi. That for the gallant conduct displayed by
the Ilerndon Rangers, commanded by Captain W.
E. Montgomery, in the capture of the Captain and
five of the crew of the gunboat East Port, and the
destruction of the steamer Allen Collier ; that the
Governor be authorized to donate a sufficient
amount of clothing captured from said steamer for
the use of said command.
Approved, December 1, 1863.
CHAPTER CXLV.
PEAM3LE AND RESOLUTIONS in relation to the State
University.
Whereas, It has come to the knowledge of this
Legislature that at various times since the com¬
mencement of the present war, the University
buildings and grounds, at Oxford, have been occu¬
pied for various purposes by soldiers of the State
and Confederate States, and in so doing great
damage to the buildings, furniture and books, and
especially to the University grounds in the des¬
truction of the beautiful young groves of timber
that surrounded the buildings, has been done, and
much of it in apparent wantonness, reflecting no
credit upon the officers at various times at that
point and calculated to add very little to the char¬
acter of the army ; and whereas, it is highly im¬
portant and desirable that what remains be kept in
a good state of preservation and without further
injury, especially when it can be reasonably avajded;
laws of mississippi.
Resolved by the Legislature of the State of Mis¬
sissippi, That the Governor of the State and ex-
officio President of the Board of Trustees of the
University of Mississippi, is hereby requested to
take all necessary steps in his power to prevent
further injury to said buildings, furniture, &c., the
grounds and timbers belonging thereto; that the
Legislature doesnot object to the proper use of the
buildings that arp suitable as a hospital, btft to the
occupation and use of the buildings and grounds,
and the distruction of the timber thereto belonging
by soldiers for other and different purposes.
Approved December 7, 1863.
CHAPTER CXLYL
JOINT RESOLUTION of confidence in His Excellency, Presi¬
dent Davis.
Whereas, It is grateful to a public servant
whilst engaged in the honest and faithful discharge
of his duties, in the midst of the weighty and per¬
plexing cares of State, to be assured of the sympa¬
thy and confidence of his fellow-citizens; and
whereas, it is just, that this Legislature as the rep¬
resentative of the people of the State of Mississppi,
should give expression of their estimate of their
fellow-citizen Jefferson Davis, President of the Con¬
federate States; therefore,
1. Resolved, That although in the pending gi¬
gantic war, the brilliant success of our arms have
not been without occasional reverses, yet we repose
full confidence ia the patriotism, integrity and
ability of President Davis to preside at the helm
of State and with the blessing of Heaven as our
chosen leader, to conduct us eventually to the tri¬
umph of the principles of constitutional liberty for
which we are contending.
2. Resolved, That the faith of the people of
Mississippi in the justice of their cause is unshaken
and their determination, unabated, to sustain to the
utmost the principles that led to their separation
froufcthe United States, and the establishment of
the Confederate G
LAWS OF MISSISSIPPI.
3. Resolved, That the Governor is requested to
forward a copy of these resolutions to his Excel¬
lency President Davis.
Approved December 9, 1863.
CHAPTER CXLVII,
RESOLUTION grafting leave of alienee to James S. Hamm,
&c., and S. M. Meek, &c.
Resolved, (the House concurring) that James S.
Hamm, Judge of the Circuit Court of the 6th Jg-
dicial District of this State, and Samuel M. Meek,
District Attorney of the same district, be and are
Injreby permitted to be absent from this State for
three months at any one time during the year H64
and 1865, except during the periods prescribed by
law for the holding of the regular terms of said
court.
Approved, November 9, 1863.
CHAPTER CXLVIII.
JOINT RESOLUTION.
Resolved, (the Senate concurring,) That the
Clerk of the House be allowed ten days and the
Secretay of the Senate ten days after adjournment
to bring up the business of the session.
Approved, December 7, 1863.
CHAPTER CXLIX.
RESOLUTION in relation to the Trustees of the State Lunatic
Asylum, the Institutions of the Bliud and Deaf and Dumb.
Resolved by the Legislature of the State of Mis¬
sissippi, That the Trustees af the State Lunatic
Asylum shall make their annual report to the Gov-
LA.WS OP MISSISSIPPI.
ernor on or before the 1st day of October in each
year, and that the Trustees of the Institution for
the Blind, and the Trustees for the Institution for
the Deaf and Dumb shall make an annual report to
the Governor on or before the 1st day of October
in each year, of the condition of the respective
Institutions, in lieu of a biennial report to the
Legislature as now required by law.
Approved, December 7, 18(53.
CHAPTER CL.
RESOLUTION urging Congress to pass a law relative to the
currency.
Resolved by the Senate, (the House concurring)
That our Senators be instructed and our Repre¬
sentatives requested to urge before Congress the
passage of a law that will retire from circulation
the present outstanding Treasury notes and provide
for the issuance of Treasury notes or other evi¬
dences of debt, which shall be declared a legal
tender in ihe payment of debts.
Approved, December 9, 1S63.
CHAPTER CLI.
•
JOINT RESOLUTION for theptirpo-e of compiliog the Consti¬
tution of this State and the Constitution of the Confederate
States.
Resolved by the Legislature of the State of Mis¬
sissippi, That a committee of five be appointed on
the part of the House and three on the part of the
Senate, for the purpose of compiling the Constitu¬
tion of the State of Mississippi, together with the
various amendments made by the Legisla¬
ture and the State Convention, and that said com¬
pilation when completed be published in the printed
acts of this session, together with the Constitution
of the Confederate States.
Approved, November 20, 1863. .
LAWS OP MISSISSIPPI.
CHAPTER CLII.
RESOLUTION granting leave of absence to Hon. William H.
Kilpatrick.
Resolved by the Legislature of the State of Mis¬
sissippi, That leave of absence be hereby granted
to Hon. William H. Kilpatrick, Circuit Judge of
the bth Judicial District of the State, for three
months any time during the year eighteen hundred
and sixty-four ; Provided, such absence doe3 not
interfere with the discharge of his official duties in
holding the terms of his court in said district.
Approved, November 18, 1863.
CHAPTER CLIII.
RESOLUTION in relation to State Printer.
Resolved by the Senate (the House concurring)
That the Public Printer be and he is hereby re¬
quired to publish the Acts and Journals of the last
called session of the Legislature with the Laws and
Journals of the present session.
Approved December 9, 1863.
CHAPTER CLIY.
JOINT RESOLUTION for defraying certain expenses.
Resolved by the Legislature of the State of Mis¬
sissippi, That the expenses which maybe incurred by
the Auditor of Public Accounts in furnishing official
forms necessary to bo used in collecting the public
revenue, be paid on the warrant of the Auditor out
of any money in the Treasury not otherwise
appropriated.
Approved, November 18, 1863.
SECRETARY OF STATES' OFFICE,)
Macon, Miss., Dec. 19,1863. f
This is to certify that the foregoing printed Acts, Reso¬
lutions and Memorials, passed at a regular session of the
Legislature of the State of Mississippi, held in Columbus,
Mississippi, in the months of November and Decemhpr, 1863,
are just and true copies from the originals in the office of the
Secretary of State.
j q Given under my hand and the great seal of the State
' ' of Mississippi, the day and year first above mentioaen.
C. A. BROUGHER,
Secretary of State.
INDEX.
CONSTITUTION OF MISSISSIPPI.
» . «»■»«
TABLE OF CONTENTS-from 3 to 16
ARTICLE I.—DECLARATION OF RIGHTS—
equality and naturai rights. 37
political power inherent in the people 17
religious worship free to all 18
free exercise of opinion on all subjects 18
freedom of speech 18
liberty of the press and speech not
to be restrained 18
truth to be given in evidence in all
prosecutions for libel.... 18
governing the right of search 18
criminal prosecutions—right of de¬
fendant 18
no person to be detained except as
prescribed by law»i 19
proceedings in indictable cases..... 19
persons not indictable twice for same
offence 19
justice in all cases to be administered 19
legislature only may suspend laws.. 19
excessive bail 19
bailable offences, habeas corpus, etc. 19
when debtor not to be imprisoned.. 19
238
INDEX—CONSTITUTION OF MISSISSIPPI.
ARTICLE I.—(Continued.)
bills of attainder, forfeitures, impair¬
ing obligations, etc 19, 20
eligibility to office 20
estates of suicides 20
right of petition 20
right to bear arms 20
standing army, militia how governed 20
soldiers how quartered.... 20
hereditary emoluments not to be
granted 20
emigration, etc 20
trial by jury inviolate 20
prosecution of suits 20, 37, 40
tenure of office 20
ARTICLE II.—distribution of powers 21
ARTICLE III.—legislative department 21
qualified electors 21, 42
electors privileged from arrest—when 22
elections how held • 22, 42
legislative powers divided 22
style of laws 22
representatives how and when to be
chosen. 22, 42
qualifications of representatives.... 22
elections where held 22, 42
city or town when entitled to sepa¬
rate representation 22, 23
inhabitants ho wand when enumerated 23
each courty entitled to one repre¬
sentative 23
basis of senatorial districts 23, 42
senators how chosen and classified.. 23, 42
new senators how classified 24, 42
uualifications of senators 24
house of representatives to chose its
officers—how 24
rules of each house how determined. 24
journals to be kept etc., of proceedings 24
of vacancies 24, 25
members privileged from arrest ex¬
cept for treason 25
persons punished for disorderly be¬
havior 25
legislature may go into secret session,
when 25
INDEX—CONSTITUTION OP MISSISSIPPI.
239
ARTICLE. Ill—(Continued.)
of adjournment 25
bills how to originate and become
laws 25
bills for revenue must originate in
house of representatives 25
compensation of members 25
members not eligible to office 25, 26
state or county officers not eligible to
legislature 26
defaulters not eligible to a seat.... 26
fir^t and subsequent elections when
to be held 26, 42
seat of government 26
state officers to reside at the capital 26
ARTICLE IY.—judicial department 27
judicial powers how vested 27
HIGH COURT OF ERRORS AND APPEALS.. 27
judges term of .office 27
clerk how appointed 29
jurisdiction .... 27
vacancies in judship how filled 27
judges how removed ' 30
eligibility lor judgship 27
conservators of the peace., 29, 30
courts where to be held 27
first election of judges. 27
term of office 27, 28 .
judges disqualified—when 28
salaries of judges how fixed 28
CIRCUIT COURT—judges how elected 28
qualifications of judges • 23
clerk how elected 29
circuits how formed 28'
conservators of the peace 29, 30
of jurisdiction 28
judges how removed 30
CHANCERY COURTS-jurisdiction 28
chancellor how elected 29
chancellor how removed 30
style of process 29
amendments to the constitution in
relation to 41, 42
PROBATE COURTS—how established 29
jurisdiction 29
judge how elected . 29
24.0
INDEX—CONSTITUTION OF MISSISSIPPI.
ARTICLE IY.—(Continued.)
judge how removed
PIPPIC how plppfpd . ~ _
BOARDS OF POLICE—who to constitute'.29,
term of office 29,
couservaiors of the peace 29, 30,
jurisdiction 29,
of vacancies 29,
clerk of probate to be clerk of police 29,
COUNTY OFFICERS—how removed 39,
how elected, etc
CONSTABLES AND JUSTICES OF THEPEACE—
to be chosen in each county
jurisdiction of iustiees
CONTESTED ELECTIONS—legislature shall pro¬
vide for
INFERIOR COURTS—the legislature may establish
ATTORNEY GENERAL—to be elected
term of office .. 30,
DISTRICT ATTORNEYS—how elected
ARTICLE Y.—executive department
AUDITOR OF PUBLIC ACCOUNTS—for state
elected 34, 40,
COMMISSIONS—shall be signed by governor, etc..
CORONERS—in each county
GOYERNOR—power vested in—how elected 31,
tenure of office . .... 31, 49,
speaker to open and publish votes...
contested (lection
qualification of governor
compensation
to be commander-in-chief of army and
navy •
may require information from state
officers
may convene and adjourn legislature
to give information to legislature.. .
may grant rep.ieves, pardons, remit
fines, etc
of vacancies 33,
RANGER—for county how elected
SEAL OF STATE—to be kept by the governor
MILITIA—legislature to provide for
.officers how elected
governor may call out
30
29
41
41
41
41
41
41
31
43
30
30
30
30
30
43
30
31
43
32
34
41
42
31
31
31
31
31
31
32
32
32
34
34
32
34
34
34
INDEX—CONSTITUTION OP MISSISSIPPI
241
ARTICLE V.—(Continued.)
SECRE FARY OF STATE—how elected 32
term of office 32, 40, 42, 43, 44
duty of* the secretary 32, 33
SHERIFFS—liow elected in each county 34,40, 43
SCHEDULE—vested rights 39, 40, 41
TREASURER—how elected in each county 31, 43
for state how elected, etc 34, 40, 43
BILLS—to be si<rncd by the governor 33-
PRESIDENT OF SENATE AND SPEAKER OF HOUSE,
. ' when to fill office of Governor 34
RESOLUTIONS, ORDERS, ETC—to be signed or
disapproved as in case of bibs... • 33
VACANCIES—for office of governor how Hilled... 33, 34
ARTICLE VI—IMPEACHMENTS 35
ARTICLE VII.—GENERAL PROVISIONS-
ATHEIST—excluded from office...: 36
BRIBERY—persons convicted of disqualified, etc... 33
CONSTITUTION—how amended 39
CONVICTS—excluded from office • .. 36
CITIZENSHIP—not be forfeited, etc ' 37
COUNTIES—new counties how established ^ 33
DUELING—legislature shall prevent 35
DIVORCE—to be provided for by law 38
ELECTIONS—returns of 38
ELIGIBILITY TO OFFICE—who disqualified... 37
INDIANS--may enjoy certain privileges. . 38
LAWS—when to go into effect 36, 40
MONEY—appropriations of how drawn 36
OATH OF OFFICE—all officers shall take 35
SUFFRAGE—how regulated » 36
STATE LOAN—state prohibited 36, 37
SUITS—against the State } 37, 40
SCHOOLS—shall be encouraged 37
SLAVES—emancipation of, etc 39, 41
TREASON—to consist of 36
AMENMENTS TO CONSTITUTION FROM 1846 TO
1861. •
BOARDS OF POLICE—five persons to be elected 41
CHANCERY COURT—how held 41
when to be abolished 42
ELECTIONS—by the people when to be held, etc... 42, 43
SLAVES—importation of Africans may be prohibited 41
TENURE OF OFFICERS—adopted Feb. 6, 1856.. 42
approveb Nov. 19, 1857 43, 44
L—16
CONSTITUTION OF CONFEDERATE STATES,
. PREAMBLE—declaring objects of government 4.5
ARTICLE I.—Legislative Powers.
CONGRESS—powers vested in . 45
duty of, under this Constitution 64
HOUSE OF REPRESENTATIVES—
members how elected^ Ac . 46 to 50
SENATE—senators how elected Ac 47 to 50
POWERS OF CONGRESS—
to collect taxes, duties, imposts, Ac 50
to borrow money 50
to regulate commerce 50
to regulate internal improvements 51
to establish naturalization laws 51
to coin money , 51
to fix standard of weights and measures.. 51
to provide for punishment of counterfeiting - 51
to establish post-offices, Arc ....... 50
to constitute tribunals inferior to the su¬
preme court 51
to promote science and useful arts ^ 51
to punish piracies, Ac. 51
to declare war, grant letters of marque, Ac. 51
to raise and support armies 51
to provide and maintain a navy 51
to provide for calling forth the militia 52
to provide for arming and disciplining militia 52
to exercise exclusive legislation in certain
eases 52
to malce all laws for carrying into execution
the foregoing powers 52
AFRICAN R ACE—not to be imported 52
BEAR ARMS—right not to be infringed 54
COMMON LAW—suits at 54
excessive bail 55
INDEX—CONSTITUTION OP TilE CONFEDERATE STATES. 243
COMMERCE—do preference to be given any section.. 53
CAPITAL CRIMES—how tried./. 54
right to speedy trial 54
excessive bail 55
CONTRACTORS—no indemnity allowed 53
DUTIES—on imports and exports by States 55
on tonnage by States .... 55
FREEDOM OF SPEECH, &c.~not be abridged... .53, 54
II ARE AS CORPUS—maybe suspended in certain cases 52
MONEY—public, how drawn from treasur/, &g 53
Congress may appropriate, when 53
bills to specify amount 53
no indemnity allowed contractors 53
POWERS OF STATES—how defined 55
RIGHT OF SEARCH—how warrant to be issued... 54
SLAVES—congress may prohibit introduction of 52
no law to be passed impairing right in..... 53
TAXES—capitation or other tax, bow laid 53
vote of two-thirds required to levy tax on
exports 53
TITLES OF NOBILITY—prohibited ' 53
by states, also prohibited 55
ARTICLE II.—Executive Department.
EXECUTIVE POWER—vested in 50
ELECTIONS—for president and vice president 56,57
votes how counted 50
duties of electors. 50
president when to he chosen by IIous,e.... 50
throughout confederacy same day 57
oath of office 63
PRESIDENT—powers vested in ... .* 50
tenure of office 50
eligibility to office. 1 57
of vacancy 57
compensation 58
oath to be administered 58, 63
to he commander-in-chief of army 58
shall appoint Certain officers 58
may remove certain officers for cause 58, 50
may fill vacancies, &c 50
may convene congress 50
shall receive ambassadors 59
mav he removed on impeachment, 50
VICE PRESIDENT—how elected *50
tenure of office 50
when to act as president. 57
eligibility 57
may be removed on impeachment 50
244 index—constitution of the confederate states.
ARTICLE II.—(Continued.
penalty for impeachment 59
ARTICLE III.—Judicial Department.
SUPREME COURT—powers vested in 59
tenure of office of judges 59
extent of power 60
of jurisdiction 60
oath tb he administered 63
TRIAL BY JURY—ali crimes except in case of im¬
peachment 60
TREASON—penalty for 60
What constitutes 60
not to work corruption of blood or forfeiture 61
INFERIOR COURTS—powers vested 59
Congress may establish 59
tenure of office of judges. 59, 60'
ARTICLE IV.—General Provisions.
RELATIONS BETWEEN STATES—congress may
prescribe the manner in which acts of
every other State may be proved and the
effect thereof 61
NET\r TERRITORIES—how acquired and governed 62
may be admitted as States 62
slavery to be recognized. 62
NEW STATES—how admitted 62
new states, how formed 62
form of government 62
PROPERTY OF CONFEDERATE STATES—how
vested ; 62
SLAVES—right of property in 61
right of transit and sojourn 61
fugitives to be delivered up 61
to be protected in territories 62
ARTICLE V.
CONSTITUTION—how amended 62, 63
ARTICLE VI.
GOVERNMENT—this, successor to provisional gov¬
ernment 63
validity of debts contracted under previous *
government 63
this constitution and the laws to be supreme 63
oath of all civil officers 63
retained rights not denied the people 63
certain rights reserved to States or people 63
" ARTICLE VII.
CONSTITUTION—how established • 64
permanent government, how established... 64
duty of congress 64
SB33IOKT DECEMBER 1332.
~ <])»■
PUBLIC ACTS AND RESOLU'n:,to
ARMS—to authorize persons to be paid for.. , 73, 74
ARMY OP CONFEDERATE STATES—to aid in
strengthening J 37
duty of sheriffs to enroll conscripts 87
sheriff to arrest deserters, &c 87
may imprison stragglers • 88
penalty of sheriff for failure to perform duti 88
penalty for refusing to aid sheriff 83
du y of all civil officers . 8>
fees for arresting deserters ' 8h
BONDS OF CONFEDERATE STAGES—to pro¬
vide for a guaranty of 7f»
governor to endorse bonds 7n
bonds to be sold to highest bidder 7t]
citizens of State to have preference 76,
this act to be published and approved by
succeeding legislature 76
COUNTY OFFICERS—for relief'of in certain coun¬
ties 03
may qualify in ninety days. 93, 94
CARROLL COUNTY—to legalize assessment in.... 94
provisions of this act extended to Yazoo and
Lawrence .. 94
DEFENSE OF THE STATE—to suspend ordinance
raising means for - 77
res.dudon explaining above cited act 97, 98
to further provide tor 8l
governor auihnrixed to furnish guns, Ac 8l
DISTILLATION OF SPIRITS—to prevent from
grain,&e..: 95, 96
HENRY J AMI.: ON—for relief of 96
246 INDEX—CALLED SESSION—DECEMBER 1862.
PUBLIC ACTS—(Continued.)
INDIGENT FAMILIES OF SOLDIERS—to pro¬
cure salt for 79
appropriation 79
governor to appoint agent. ............ f... 80
duty of agents 80
governor authorized to impress, &c 80-
vaTroads when impressed 80
accounts to be kept 80
agents to give bond 80, 81
FAMILIES OF SOLDIERS—to provide for 68
boards police to ascertain names of soldiers. ..68, 70
names of soldiers to be recorded in each county 68
names to be transmitted t > auditor 68, 70
appropriation how allotted to each county... .68, 69
who to be beneficiaries of this act 69
one or more persons to be appointed to deter¬
mine who are beneficiaries 69
military relief tax to be collected 70
this tax how applied 70
additional calls may be furnished.... 70
additional bond of treasurer and collector.... 70
penalty for failure to give additional bond.... 71
overplus how to be appropriated 7l
commissions for collecting tax 7l
treasurer to keep accounts 71
act of 2d August, '62, to be in full force 71
act of December 16, '61, to be abolished 71, 72
IMPRESSMENT OF SLAVES, Ac.—to authorize.. .81, 82
personal property impressed, how 82
provisions in case of railroads, steamboats, &c. 82
property exempt from execution not lialle.... 82
provisions exempt, when 82, 83
Confederate commander must approve 83
pay of slaves 83
when not satisfactory, pay how decided 83
pay for property impressed 83
duty of impressing agent 84
pay how drawn 84
o\ ersocrs how selected 84
penalty for refusal to deliver to impressing ag't 85
when posse comitatus to be called out 85
officers when subject to fines " 85
equality in impressment to be observed 85, 86
rules for those in charge of property 86
slaves when to be paid for 86
LAWRENCE COUNTY—to legalize assessment in... 94
provisions extended to Yqzoo nud Carroll.,,,, 94
INDEX—CALLED SESSION—DECEMBER 1862. 247
PUBLIC ACTS—(Continued.)
MILITIA AND VOLUNTEER LAWS—-to amend
and reduce into one 65
regulations adopted 65
-compensation of officers and soldiers 65
troops may be put under command of C. S.
commanders 65, 66
persons placed in camps of instruction 66
penalty for failure to arrest conscripts. 66
companies how filled 66
exemptions. 67
pay of officers 67
companies when to be consolidated.... 67
discharges revoked 67
staff of major general 67
persons liable to service 67
three regiments of cavalry to be formed 67
governor may excuse persons from draft 68
MEDIf'AL -COMMISSIONERS—to authorize the
governor to appoint 74
duty of commissioners 74
to be furnished with evidences of anpointmn't 74
power of governor and commissioners 75
salary of commissioners .... . 75
appropriation ... 75
PUBLIC1 RECORDS—to authorize the removal of... 89
who authorized to remove records 90
Court may or may not be held in the county.. 90
compensation of clerks 90
former removals legalized 90
REMOVAL OF PROPERTY—to authorize by ex¬
ecutors, administrators and guardians 91
bond to be given before removal 91
receiver to remove property, when 91
agent to report to court 91
STATUTE OF LIMITATIONS—an act to suspend
for a time 78
civil actions and probating claims 78
redemption of taxes, &c 78
supplementary act in reference to 78, 79
UNAUTHORIZED ISSUES OF PAPER MONEY— .
to tax 77
county, city, or corporate town exempted.... 77
auditor to forward a copy to assessors........ 77
YLAZOO COUNTY—to legalize assessment in 94
pi'ovisions of this act extended to Lawrence
and Carroll 94
243 INDEX—CALLED SESSION—DECEMBER 1862.
PRIVATE ACTS.
APPROPRIATIONS—making certain 72
to L. Julienne.....% '2
to W. W.Hardy 72
to J: A. Home.... 72
to Wm. Beacham 72
to Cooper & Kimball , 72
to James Daniel . 72
to A. Yirden. 72
ARMS—to increase the manufacture of ... A....... -73
governor to purchase machinery 73
to prescribe rules 73
PENITENTIARY-an act in relation to 79
additional labor may be employed 79
pay of guards... 79
TOWN OP CANTON—an act further to amend and
repeal, in relation tp 92, 93
vacancies how filled in selectmen, &e ... 93
patrols how appointed 93
THOMAS M. RAE, assignee of J B. Wigginton—
an act for relief of 95
SESSxonxr—i<rov. lsea.
PUBLIC ACTS.
ALIENS—for disposition of. 152
to leave State before 1st March, 1864:.... 152
to perform militia duty 153
ARMY" OF CONFEDERATE STATES—to amend
to aid iu strengthening 159
CONFEDERATE iREASURY NOTES—authoriz¬
ing sheriff's to receive... Ill
COTTON AND WOOL CARDS—to procure for in¬
digent families and citizens 144
appropriation how made 144
cards how distributed 144, 145
governor may contract for 146
money may be re-invested in cards 146
DIVORCE AND ALIMO N E Y—to amend the law of 125
applicant must be a citizen 125, 126
may be obtained at expiration of 5 years.. 126
bill for how filed 126
ESTRAYS—to amend code in relation to 127
sheriff to act as ranger 127
EXEMPTIONS—to exempt county treasurers from
military dut.v 149, .150
to provide for in provisional army of Con¬
federate States 150
governor may determine who are exempt'd l5l
evidence of exemption 151
FAMILIES OF SOLDIERS—for relief of, and for
other purposes, 140, 141, 142
Winston, Pontntoc, Monroe, Itawamba,
Lafuyette, Harrison, Adams, Coahoma,
Calhoun and Simpson couuties are in¬
cluded in this act 141
to belter provide for .* 113
boards of police to appoint commissioners . 113
250 INDEX—REGULAR SESSION—NOVEMBER 1863.
PUBLIC ACTS—(Continued.)
duty of commissioners 113
appropriation, how made 114
county treasurer to givG bond 114
commissioners to investigate and distrib¬
ute fund 114, 115
commissioners to report 115
" oath . . . 115
" may be removed - 115
meetings of boards of police - - 116
where no boaids police, the governor to
appoint commissioners - 116
commissioners, penalty to perform duty 116
spec al tax how levied - - - 117
portion of tax may be in kind - 117
sheriff to report proportion of tax in kind 118
penalty for failure to pay tax in kind - 118
bond of sheriffs - - 118
fees of sheriff - - 119
counties may levy special tax, bow and
when - - - 119
boards police may borrow money, when ib.
sheriff to collect tax, how and when - ib.
county tax may be collected in kind - 120
supplies may be impressed, when - ( ib.
• prices how determined, - 120," 121
recipients of benefits how determined 121
special appropriation for certain counties 121,122
act of January 3d, '63, abolished - 122
GOVERNMENT AGENTS—to punish parties false¬
ly representing themselves as such - 156
HABEAS CORPUS—to amend in relation to suing
out writ of 159
writ how sued out - - ib.
penalty for removing applicant : 159, 160
IMPRESSMENT—to amend in this State - 126, 127
to punish persons making in this State in
certain cases ... 156
persons guilty of larceny - 156
when guilty of misdemeanor - 157
officer to give copy of commission - 157
property how paid for - - 157, '58
posse comitatus when summoned - '58
JUDGES CIRCUIT COURTS—to amend lor relief of 100
JURORS—to provide for in Circuit courts '28
act exempting at age of 60, repealed - '28
assessors to include such in their list, ib.
JAILORS—4o jregulate fees
INDEX—REGULAR SESSION—NOVEMBER 1863. 251
PURLIC ACTS—(Continued.)
LEVEE TAX—to suspend in the Mississippi river
levee district - - 138
MILITIA AND VOLUNTEER SERVICE—to pro¬
vide for organ'zing, &c., - l0lto'08
MILITARY TAX OF 1861—authorizing certain
bonds to be received for, - 139, 140
MEDICAL COMMISSIONERS'—to repeal an act ap¬
proved January 1, 1863 - 129
OVERSEERS OF PUBLIC ROADS—in relation to 139
PROCESS—how served on railroads - - 162
on ships or any other water craft - 162
RAILROADS—to enable companies to pay borrowed
money - - 160, 161
to amend code in relation to process served
on - - 162
REDEMPTION" OF LANDS—to provide for - 161
duty of auditor - - 161, '62
REYENUE—to amend in relation to 153
taxes - - - 153, '54
who to be assessed - - 154
amount of tax * - 154, 155
merchandize, when to be taxed - 155
RECOYERY OF PROPERTY-*to provide for when
wrongfully taken or detained - 129 to 138
RUNAWAY SLAYES—authorizing sheriffs to re¬
ceive Confederate money for - 111
RAILROADS—to compel-to keep lights, fire and wa¬
ter, &c. - - - 127, 128
to make responsible for freight and bag¬
gage - 146, 147
RECORDS—to authorize clerks to record anew in
certain cases - - 142
clerk to administer oath, when - 143
to authorize and legalize removal of 148, '49
REMOVAL OF PERSONAL PROPERTY—guard¬
ians, executors, &c., may remove under
certain circumstances - 124, '25
REGISTERS AND RECEIVERS—to regulate pay of 150
SOLDIERS* CLAIMS—to provide for the paympnt of 140
STATE SERVICE—to compensate soldiers in - 123
SEAL OF HIGH COURT—to authorize to be made 149
SLAVES—to amend code in relation to - 147
• not allowed to trade - ib.
penalty for permitting , - - ib.
not allowed to keep horses or carriages 147, '48
STATE TROOPS—for relief of, captured at Y'burg 151, '52
252 INDEX—REGULAR SESSION—NOVEMBER- 1863.
PUBLIC ACTS—(Continued.)
SALT—to amend to procure salt, &c., approved Jan¬
uary 1st., 1863 - - 163, '64, '65, '66
TAXES FOR 1862—to allow additional time for col¬
lection of - - 109
TAXES FOR 1863—to extend time for assessing 109, 110
duty of assessors - - - 109,110
duty of boards of police - - ib.
TAXES OF 1861—to revive and amend an act of
1861, and for other purposes - 111, '12
duty of collectors - - - 111
compensation of collector . - 112
when tax paid to auditor - ib.
exempts from tax - - ib.
TAX-LAYERS—for relief of, in certain cases - 123, '24
WINE—to encourage manufacture of - 146
penalty for adulterating - 146
INDEX—REGULAR SESSION—NOVEMBER, 1863. 253
PRIVATE ACTS.
APPROPRIATIONS—to make certain..., 200, 201
to make for military service 202
ATTALA COUNTY—to provide for soldiers'and
other families 209
AUDITOR'S AND TREASURER'S OFFICES—
to provide for examination of x 218
BLIND—making certain appropriations for 181
BANK OF JACKSON, &C.—
to amerd in relation to 199, 20.0
BONDS—authorizing governor to issue to take up
certain notes 215
to provide for destruction of cerfain 21T
COLUMBUS LIFE AND GENERAL INSURANCE CO.
to amend charter of 184, 185
CLAIMS—to provide for payment of against state.. 191
CHICKASAW COUNTY—
toaidinsupplyingrecords therein 186, to 189
tocompell A. Bean to pay certain money 198
DEAF AND DUMB—to amend in relation to... .181, 182
DESTITUTE FAMILIES—to authorize certain funds
to be appropriated to relief of in
Winston, Noxubee and Choctaw
counties •. • 195
ENOCHS, MOSES E.—for benefit of 193
GOVERNOR—to increase salary of 178
GREEN COUNTY—to repeal in relation to taxes... 198
HANCOCK COUNTY—to pay clerks, inspectors of
elections, etc., in 163, 164
to repeal in relation to taxes 224
HARRIS, MILDRED—to change name of 204
ITAWAMBA COUNTY—to amend school laws in.. 169
commissioners to meet 169
duty of treasurer 169
duty of probate clerk 169
. to authorize board of police to make
certain appropriations......... 171, 172
to increase salary of probate judge.. 204
INCORPORATION-^to incorporate southerncolledge
of medicine, etc ". 175, 176
to incorporate Ala. and Miss, rivers
railroad 176,177,178
JACKSON—to amend charter of city of. 222
JASPER COUNTY—to correct levy of poor tax
therein 207
254 index—regular session—november, 1863.
PRIVATE ACTS—(Continued.)
JASPER COUNTY—to authorize board of police to
employ free negroes, etc 210
JONES COUNTY—to amend in relation to fines,
forfeitures etc .••»••••• 212
JOHN, A SLAVE—to authorize Mrs. N. L.Barksdale
to emancipate 213
KEMPER COUNTY—to increase salary of probate '
iudge of 221
LUNATIC ASYLUM—for benefit of 215
LEAKE COUNTY—to amend in relation to probate
clerk » 223
LAWRENCE COUNTY—to change time of holding '
probate court of 204
LAUDED ALE COUNTY-to pay clerks, inspectors of
elections, etc., in -173, 174
to increase salarv of probate judge of 211
MISSISSIPPI MUTUAL INSURANCE COMPANY—
to amend charter of 184, 185
MISSISSIPPI MANUFACTURING COMPANY—
to amend in relation to 173
MESSAGES—to authorize speaker and president to
appoint 174, 175
MONROE COUNTY—to increase salary of probate
judge. 198
to authorize tax to support dependents
soldiers, etc 208
MOBILE & OHIO R. R. CO—to enable certain sub¬
scriptions to be closed 205
to authorize repair of road 213
MALONE, SAMUEL B. Deceasec—to authorise pro¬
bate judge to appoint receiver 1S4
NEWTON COUNTY—to pay clerks, inspectors
etc, in.... 173, 174
PROBATE COURT—to change time of holding in
Scott county 167, 168
PENITENTIARY—establishing temporarily 182, 183, 184
•RELIEF—of John W. Cox, of Winston 168
of Sydney Moore Jackson, of Rankin 168
of G. S. McMillan. / 170
of Josiah II Askew 171
» of Adolphus EL Ware. 171
of Thomas M Smedes 172
of destitute families of Yazoo county 172,173
of William W. Brooks 174
of Walter McDougal 178
INDEX—REGULAR SESSION—NOVEMBER, 1868. 255
PRIVATE ACTS—(Continued.)
RELIEF -of first battalion State troops...: 179, 180
of James Reedy 180
of Wm. Beachum and for other pur¬
poses 185
of J. D. W. Duckworth 190
of Thos. J. Fortson 192
of Thos. A. Mitchell J 93
of Isham Dansby. 194
of probate clerk of Lauderdale 196
of R. II. Whitley 197
of probate clerk of Newton county.. 200
of Geo. R. Fall 203
of Samuel M. Meek 205
of Cooper '& Kimball 206
of Samuel B. Jones 1 ... 206
of John A. McNeil 207
of Thos. Harris and J. L.'Buck 268
of Anthony D. Gordon 211
of Wm. C. Nickle 212
oLD. II. Maury 215
of heris of J. S, Terrell, jr., deceased 220
of II. B. Luckett. 223
of James H.'Matthews 223.
of Wm. R. Hooker 225
RANKIN COUNTY—to repeal in relation to probate
judge of. 209
to amend in relation to'probate clerk 225
STATE PRINTER—to amend Code in relation to 167, 168
STATE UNIVERSITY—to amend in relation to 194
STATE TREASURER—to authorize to employ clerk 203
SOUTHERN COLLEDGE OF MEDICINE, <£C—
to incorporate 175
SOLDIERS—to supply with shoes 196,197
SUITORS—to enable High Court to preveut injustice 219
THREE PER CENT. FUND—to authorize treasurer
to use 218
WADLlNGTON, MRS. M. E.—to authorize to sell
slaves of wards 202
WAYrNE COUNTY—to authorize board of police to
act as school commissioners. ...... 210
WYATT—to change name of Nancy D 224
WINSTON COUNTY—to authorize collection of
certain notes 221
256 INDEX—REGULAR SESSION—NOVEMBER, 1863.
RESOLUTIONS.
PREAMBLES AND RESOLUTIONS—
of thanks to the wives, mothers, etc., of this
State 226
of thanks to the soldiers of this State. 227!
in relation to employing negroes in the army 227
to donate clothing to Herndon Rangers 231
in relation to State University 231
in relation to taxes in certain counties therein
named 108
granting leave of absence to J. S. Hamm and
S. M. Meek 233
in relation to Lunatic Asylum, and institutions
for Blind, and Deaf and Dumb 233
in relation to currency 234
in relation to compiling constitntions 234
granting leave of absence to W. II. Kil-
patrick 235
in relation to publication of acts and journals 235
JOINT—in relation to illegal impressments 226
in relation to paying claims for impressed
property 220
in relation to a day of fasting and prayer... 228
requesting Congress to repeal substitute law 229
in relation to removal of slaves 229
to print certain pet...- 230
granting leave of absence to T. M. Yancy.. 230
conferring certain powers on Governor.. < 230
of. confidence in Jefferson Davis 232
•allowing clerk and secretary time to bring up
business of legislature ." 233
' defraying certain expenses 235
certificate of Secretary of State 236