-< v^ni t\zn ^OJITVJJO^ ^OJUVDJO"^ :lOSANGElfJ> 3> -< — -^ ''5a3AiNn-3Wv .^0FCA1IF0% ^OFCAlIFOft^ AMEUNIVERi-//, ^lOSANCFlfx> ^ o ' ^^AHvaaii-^^ ^WEUNIVERS/A v^lOSANCElfj> o ^ V5n VDJO^ '^^OJllVDJO'f^ aj/\i:uiJi\> C3 .'J JU lIFOMi^ ^OfCALIFO/?^ f^^i <^ ^ # — Oe .^ ^: o o !VER% ' o 'Or o ivsm^ ^lOSANCElfj> o c? ■%l]DNVSOr nS? -^IIIBRARYO^ ■yis. ^ en LXJ V? %: ^'^f- o o o ^/SJJ3AIN.Vlb THE MISSISSIPPI JUSTICE OF THE PEACE. A MANUAL OP THE LAAVS RELATING TO THE COURTS OF JUSTICES OF THE PEACE, AXD THE PRACTICE THEREIN, IN THE STATE OF MISSISSIPPI, WITH FORMS AND PRECEDENTS, APPLICABLE TO EVERY CASE, INTERSPERSED WITH EXPLANATORY NOTES. TO AVHICH IS ADDED CERTAIN FORMS OP GENERAL USE AMONG BUSINESS MEN, A DIRECTORY OF THE COURTS, ETC., ETC. BY L. O. BRIDEAA^ELL, A TTOR N E Y A T L A W . JACKSON, MISS: Plarion ^team Printing Pstabltshment. 1877. Entered according to Aet of Congress, in the year 1877, by Power & Barks- dale, Jackson, Mississippi, in the office of Librarian of Congress, Washington. v> PREFACE. The design of the following Avork is to impart to novices, gentlemen not "learned in tlie law above their fellows," the routine of business required of them, Avhen they assume ttie responsible and now important office qf Justice of the Peace. Under the present Constitution of the State of Mississippi, the jurisdiction of the Justices of the Peace in civil suits is raised to one hundred and fifty dollars, and in all criminal matters, their jurisdiction is concurrent with that of the Cir- cuit Courts in all cases where the punishment prescribed liy the laws does not extend beyond a fine and imprisonment in t the county jail. The office is certainly one of great dignity ^ and responsibility, but the persons who frequently rush in ^ glibly to assume and execute these important duties, have ^ little idea of the responsibility and loose sight entirely ot the ~ dignity. The main design of the author and compiler of these pages is, to be of some assistance to the unlearned Justice of the Peace by placing the law relating to his jurisdiction before §? him in compact form, with forms and precedents, covering JT) almost, if not every case, which can come before him. > The extended jurisdiction of the Justice and the pov/er * granted by the laws, has made the practice in this Court of importance to attorneys ; and the want of an uniform and su^- . ficiently reliable set of forms and precedents, caused in the J first instance the preparing of many of those found in this ^d book. The}^ have been used for some years and are now 3 offered in a permanent form, in the hope that, although the ^ profession may not need them, the many Justices of the Peace ^ in this State, unused as they generally are to the forms of law, 5 will find ready at hand everything required of them in properly < fulfilling the important duties of their offices. The law, as found in the Code of 1871 and in the Pamphlet Acts since, so far as it concerns this jurisdiction, and is dis- tinctly applicable to the Justice of the Peace or the practice in his court, is first given in full, arranged under appropriate heads. That from the Code paragraphed and indicated by sections as therein, and that from the later Acts, digested with reference to the page of the pamphlet. The index gives the 446339 IV. Preface. section of the Code, or the page of the Acts, and the page on which found in this book. The forms are numbered, with the section of the Code applicable indicated, while the index gives both the number and the page. Notes are added to many forms for the guidance and information of the Justice, en- deavoring thereby to explain the law and use of the form, so that none, however ignorant of the law generally, can go far wrong. Many sections of the Code are carefully indexed which are not printed in the book ; especially is this the case in felonies, wherein the Justice can only sit as a court of in- quiry, and in some iew other instances, where the matter is not general in this court. The author assumes nothing to himself for the liquid legality or the trenchant technicality of his forms, always being more anxious to convey the meaning in such terms as could not be mistaken (especially by the Constable), than to risk loss by fancy attempts at Chittyology or finely rounded periods. The very words of the statute, however, will be found to have been faithfully iollowed in every instance. The book is, therefore, presented to the Justice of the Peace, with some confidence, as one which will most materialy lighten his labor, facilitate his business, and probably be the means of his avoiding many mistakes — in fact, herein he will find, set out full}', explicitly and in order his whole official duty. It is presented to the profession as a convenient com- pendium or compilation of all the law of our State governing in this jurisdiction, with all necessary forms forms ready pre- pared to suit any case. It is especially presented to the citizen and to my friends of the Grange, as a book which points out in small compass and at trifling expense about all the law (and the form of its appli- cation) they need to meet the largest amount of litigation of the present day in Mississippi ; and one that has been so pre- pared that the law being plainly seen and its ap])lication made easier, litigation may be avoided. The object of good laws, is that litigation may be lessened, therefore they should be in ever}'- household and read of all. Trusting that the book may prove useful not only to him wiio litigates, but to him who strives to avoid litigation, it goes out on its errand. L. O. BRIDEWELL. Beauregard. Miss., January 1st, 1877. TABLE OF CONTENTS. PAGE. General Ixdkx : 385 to 422 Justice Fokms, in Civil Cases ^J-^^J^ as a Criminal Court '^7 to 105 Deeds of Teitst, Leases, Partnerships, Contracts 106 to 135 Bonds, of Public Officers 127 to 130, 318 Marriage Ceremony, hy Justice 1^*^ JtfSTlCE OF THE Peace — Laws applicahle (IS a Civil Court 136 to 25G Election and qualification , 13" Jurisdiction conferred on Mayors 13i> Practice in Civil Cases 1-10 to 150 Suits against Estates of Decedents 150 Eights of Married Women 150 Legal Holidays 151 Jurisdiction of Minors ^ 151 Process and Mode of Service 151 to 154 Trial by Jury,. ^^ 155 Witnesses and Depositions 155 to 159 Judgments and Enrolling 160 Appeals and Certiorari 161 Garnishment 162 Execution and stay of 163 Levy on and sale of Lauds on execution 165 Claimant's issue 166 Sales, by Constables 170 Attachments, affidavit, bond and writ 171 to 175 how property may be replevied 175 Procecdingsby and against garnishees 176 Attachments for debts not due 178 Claim by third party 179 Alleged ground for attachment contested 180 Sales of perishable property 180 Attachments by and against non-residents 181 Publication and Notice 181 Final Judgment and sales 182 Jurisdiction as lo attachments 183 Attachment against ships, etc 184 How replevin obtained 186 Agricultural Lien Laws 251 Arbitration and Aavard 21" > VI. ITahle of Contents. PAGE. Auctioneers, shall report sales 322 Banks, lotteries, gaming 304-305 Bastardy 206 Brokers, acting without license 316 Candies, sale of imiuire 319 Chueches or School Buildings, penalty for defacing 321 Civil Eights Bill 292 Constables, their duties 225 Costs, security for 323 Cotton and Corn, fraudulent packing or weighing 316 County Treasurer, shall report to supervisors 321 Counterfeiting Mercantile Labels 311 Cutting Timber, and other trespasses 244 Dangerous Weapons, their improper use 314 Diseases, importing contagious 316 Dog Stealing 321 Duties of Millers and Owners of Cotton Gins 218 Elections, bribery, threats 308 Exempt Property, from taxation 221 to 226 FeeS) collection of unauthorized 322 Fences, Partition Walls and Trespass by Stock 209 to 214,-325 Fences, when lawful 325 Fighting, on account of betting, gaming, etc 307 Fish, penalty for poisoning 321 in Pearl river to be preserved 321 Forcible Entry and Detainer 189 to 193 Game Laws, preservation of Oysters, etc 206 to 209 Insurance, without license 323 Interest, rate of. 234 Justice, as Coroner 246 as Notary Public 248 Justice of the Peace — Laws applicable as a Criminal Court.... 256 to 325 Jurisdiction and practice 256, 257 Conservators of the peace 258 Vagrancy and other oifences.. 259 Fines, Bonds and Counterfeiting 260,-612 Duels, escapes from prisons, forgery 262, 263, 310 Betting, gaming, perjury, robbery, killing 267-269, 312 Timber cutting, escapes, arrests 271,-273, 319 AVitnesses, appeal, bail 273-275 Process against corporations 277 Actions against Justices, Constables, ecc 278 Remedies for money collected 279 Payment of fines collected 281 Table of Contents. vn PACK. Landlord and Tenant 19G to 20(1 Limitations of Prosecutions 294 Liquors, licenses, penalties, etc.. i... signed Justice ol" tlic Peace for the count}' of Lincoln, in said State, will, on Saturday, the lirst day of February, 1876, at the hour of eleven o'clock a. m., at my ollice, in Brookliaven, in said county of Lincoln, proceed to take the deposition of A B., a witness on the part of the plaintilf, in said case, which, when taken, will be read in evidence on the trial thereof. You can attend and cross examine, if you see proper. AV'itnoss mv hand and seal. January' 15th, 1S7G. E. L. Bowicx, J. P. [seal.] S1314.J No. 12— COMMISSION TO TAKE DEPOSITION. The Static of jMississifi'i, To E. L. Boweii, a Justice of the Peace for Lincoln count}', said State, Greeting: It has been suggested by William Jones, plaintilf in the case of William Jones against John Smith, now pending before me, John Doe, a Justice of the Peace for Copiah county, in said State, that A. B,, a witness on the part of the plaintiff, resides without the limits of my count}', and is in the said county of Lincoln; These are, therefore, to require you to take the deposition of said witness, if to be found in your county, first giving five days' notice to the defendant, or his attorney of record, of the time and place of taking the same; which deposition, when so taken, you will at once return to the undersigned. Justice as aforesaid, certiUed under you" liand and seal, to be read in evidence on the trial of said case. Witness my hand and seal this 24th January, 1876. John Doe, J. P. [seal.] Note. — When the Justice receives this commission, he will, after ascer- taining that the witness is in his county, at once mail a copy of the foregoing notice to the defendant or to his attorney of record. This commission must be attached to the deposition and returned, as well as the original notice. §jj 1314, 794 to 7Un. No. 13— DEPOSITION. . . The deposition of A. B., a witness on the part of the plaintiff, in the case of William Jones against John Smith, now pending in the county of Copiah, Mississippi: In pursuance of the foregoing and annexed commission to me directed, I. H L. Bowen, a Justice of the Peace for the county of Lincoln, oMississippi, after having given to the defendant, John Smith, live days' notice of the time and place of taking this (leposi- tion (as per original notice herewith returned), caused the said wit- ness to come Itefore me at my office, in the town of lirookhaven, in said county of Lincoln, at the hour of eleven o'clock a. m. on the lirst day of February, 1876, which said witness, after having been duly sworn, testified as follows: {Here write down fnUy irlidt tlie witnesi^ scn/s. After which, cou- ■clude as foUows:) 6 Justice Forms All of which foregoing testimony I caused to he reduced to- writing, and said witness, after having the same read over to him, signed the same in my presence, at the place and on the day men- tioned in the caption; all of which I hereby certify under my hand and seal, this 1st day of February, 1870. E. L. BowEN, J, P. [seal.] ]v^o. 14.— OATH OF WITNESS. You do solemnly swear that the testimony you shall give in the case now in hearing, wherein is plaintiff and is- defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. §§ 132G, 1328. No. 15— VENIRE FACIAS, OR SUMMONING THE JURY. The State op Mississippi, To the sherirt' or any constable of Copiah count}', Greeting: You are hereby commanded to summon twelve good and lawful men of your county to be and appear before the undersigned Justice of the Peace for said county, at his ofilce therein, instanter [or, on the lOth day of July, 1876), then and there to serve as jurors, in certain cases pending before said Justice. And have you then there this writ, with the names of the jurors summoned endorsed thereon. "Witness my hand and seal tliis day of , 1876. John Doe, J. P. [seal.] Note. — If any juror fails to appear, he is subject to the same fine, and like proceedings can be had, as against defaulting witness. See Form No. y, and Sec. 1329. No. 16.— AFFIDAVIT FOR CONTINUANCE. State of Mississippi,) In Justices' Court Copiah County, \ for District No. 2, Jan. 10th, 1876. Personally appeared before the undersigned, an acting Justice of the Peace for said county, John Smith, defendant in the case of William Jones vs. John Smitli,now pending before the undersigned, and made oath that, owing to the absence of A. B., a material witness in his behalf, who has heretofore been subpaMiaed in this case, he cannot safely go to trial ; that he expects to prove by said wit- ness that at the time of hiring said Jones by affiant, he was present,, and it was distinctly understood that atliant would only give 60 cents per day for scrai)ing cotton, and 75 cents per day for ploughing; that afliant expects to have said witness or his deposition before the court at the next term thereof; that this allidavit for continuance is not made for dela^^ nor to vex or harrass the plaintiff, and that affiant knows of no other person by Avhom he can prove the same- In Civil Cases. 7 facts: therefore atliant usks u continuance; of sa'nl case until the next term of said court. • John Smith. Sworn to and subscribed tliis day of ■. , 187G. .John i)oi:, J. 1'. |seai..] JS537.1 No. 17.— SUBPCENA DUCKS TECUM. State of iNIississii'Pi, To the sheriff or an}- constable of Copiali county, Greeting: We command you to summon A. B., if to be found in your county, that all business and excuses being laid aside, he be and personally appear before the undersigned, a Justice of the Peace Un- said county, at his oflice therein, on the 10th day of January, 1870, at 11 o'clock A. M., to give evidence in a certain case now pending before said Ju-Rtice, between William Jones, plaintiff, and John Smith, defendant, on the part of tlie plaintiff; and further to com- mand the said A. B. to bring with him, and theii and there produce in evidence, a certain agreement in writing (or, as the- case may be, describbuj the j^aper or book); and herein fail not under the penalty of the law. Have you then there this writ. Witness my hand and seal this 5th dav of January, 1876. John Doe, J. r. [seal.] No. IS.— OATH TO ANSWER QUESTIONS. You do solemnly ?wear that you will true and correct answers make to sucli questions as shall be propounded to you by or under the direction of the court. So help you God. No. 19.— OATH OF JURORS. ^ You and each of you do solemnly swear that you will well and truly try the issue joined between William Jones, plaintiff, and John Smith, defendant, and a true verdict give, according to the evidence. So help you God. IS-o. 20.— VERDICT OF A JURY. We, the jury, find for the plaintiff, an signed with our iiiinK-s and sealed willi our seals, this 'l'-h\\ da}- ul" January, 1870. The eonditioii (d' liie above o1)rnrati()ii is stieh, lliat, whereas, Ihc nbovenamed William Joiio.s, on the 24th day of Januai-y, 187(3, before John l)o^, a Jiistiec of the Peace for said eounty, I'eeovered !i judgment against the above bound John Smith, for the sum ot dollars, with interest and ecjsts ; and, whereas, the said Smith hath prayed an appeal to the next term ol the Circuit Court for said county, and made the affidavit ])ursuant to the statute in this behalf; Now, therefore, if the said John Smith shall well and truly pay and satisfy, such judgment as the Circuit Court aforesaid may I'cndor against him in the premises, then this obligation to be void, otherwise to remain in full force and elfect. John Smiiii, [skal.j Sajiuei. Tuciceu, I seal.] LuKK Raxkix,, [skal.] I approve this bond and sccuritv. Jan. 2i)th, 1S70. John Dok, J. V. NoTK. — The foregoing affidavit and bond must be given within live days?, or the party will liavc to resort to petition and writ of certiorari to open up his case — which see below. I desire especially to call the attention of Jus- tices to the fact that too many defective bonds are taken. Straw ])onds are 1 now and have been in this State the bane of litigation. Be rigid in your •examination of all sureties. The form of tlieir justification is given below, which must be annexed to or endorsed on all bonds. No. 25.— AFFIDAVIT OF JUSTIFICViTON OF SURETIES ON BOND. State OF MississirpiJ - ss Copiah C!ounty. \ Personally api)eared before me, the undersigned, a Justice of the Peace for said eounty, Samuel Tucker and Luke Rankin, who, being by me duly sworn, on their several oaths depose and say, that they are worth over and above their legal exemptions and liabilities, in visible i)roperty subject to execution, the sum of two hundred dol- lars : that is to say, the said Tucker one hundred dollars, and the said Luke Rankin one hundred dollars. Samuel Tuckeu, Luke Rankix. Sworn to and subscribetl this 2'Jth (\nx oi Januaiy, 1876. John Doe, J. P. [seal ] §1330.] No. 20.— PETITION FOR CERTIORARI. To the Hon. Uriah Millsaps, Judge of the r)th Judicial District of the State of JMississippi: Your petitioner, John Smith, would i-espectfuily show unto your Honor, that on or about the 10th day of January, 1870, one William 10 Justice Forins Jones commeuced a, suit against your petitioner, before John Doe^ a Justice of the Peace for the countj of Copiah and said State, on an open account for the sum of dollars; that afterwards, on or about the 29th day of January, 1876, the said Justice rendered judo'ment against j'our petitioner for dollars, &e., &c. Your ]ietitioner, therefore, alleges that injustice has been done him on the trial of said cause, the judgment Ijeing illegal, unjust and oppressive , wherefore your petitioner prays your Honor for the writ of certiorari and supersedeas, directed to said John Doe, Justice of the Peace as aforesaid, returnable at the next regular term of the Circuit Court of said county, in order that justice may be done in the premises. And as in duty bound will ever pra}', &c. John Smith. Sworn to and subscribed this 15th da}- of Februarv', before me. [seal,] Jas. L. Ard, Clerk. Note — On this petition the Judge endorses his fiat to the Clerk, who issues the writ, upon the petitioner's entering into bond in the sum of two hundred dollars, conditioned as in appeal bond. See Sec. 1334, on appeals. § 1333.] No. 27.— TRANSCRIPT OF RECORD. In making up the record of the proceedings in any case before a Justice on an appeal or in pursuance of a writ of certiorari, com- mence with 1st, Tlie account, note or other writing upon which suit was begun. 2d, The summons or writ. 3d. Subprcnas. 4th. .Vflldavits for continuance, motions, jfec, (kc. 5th. Any other papers filed in the case, as summons for garnishees- and their answers, &c., tfec. 6th. A cop3' of your entries on the docket, and the judgment of the court in full; let your judgment be against defendant before against garuisheas. 7tli. A copy of all costs accrued in your court, including this transcript. 8tli. The original atnda\it for appe;d and the bond. 9th. Your certificate. Attach these papers together in the order stated, by eyelets or tliread. Be particular in this, as a correct return of record is indicative of a justice worthy to hold his place. I give the certificate below : I hereby certify that the foregoing and attached papers are all the original papers in the case of A. B. vs. C. D., tried before me, and that the above and foregoing is a full, true and perfect rec.ird of the i)roceedings had in said case, including: the judgment ren- dered liy me, with the original aflulavit for jippeal and bond. Dated the day of , 1876. John Doe, J. P. [seal.] In Civil Cases. 11 i^g 1337, 874. 1 Xo. 28.— AFFIDAVIT FOR GARNISHMENT. State ok Mississn-ri, | ^^ Copiah County. ) rersonully appeared ])efbre me, tlu; iindersi^uued Justice of the Peace for said county, William Jones, plaintilf in a judsrment ren- dered by the undersigned, on the 24th day of January, 1876, against John Smith, for dollars, with interest and costs, and made oath that he docs not believe that said defendant has in his possession visible property, upon which a levy can be made, sufficient to sat- isfy said judgment, and said plaintiff suggests that Henry Wash- ington and Solomon Bruce, of said county, are indebted to said deTeudant, or have effects of said defendant in their hands or pos- session. William Joxks. Sworn to and subscribed this 29th day of January, 1870. John Doe, J. P. [seal.] j^ S75.J No. 29— WRIT OF GARNISHMENT. State of Mississtrin, ] -,, - ^ ss Copiah County. j To the sheriff' or any constable of said county, Greeting: Wiiercas, William" Jones, plaintiff" in a certain judgment rendered by the undersigned Justice of the Peace for said county, against John Smith, for dollars, with interest and costs, hath sug- gested that Henry Washington and Solomon Bruce arc indebted to the said defendant in said judgment, or have effects of said de- fendant in their possession, and "hath also made oath that he does not believe that said defendant hath in his possession visible prop- erty, upon which a levy can be made, sufficient to satisfy said judg- We, tlierefore, command you to summon the said Henry Wash- ington and Solomon Bruce to be and appear before the undersigned Justice, at his office in said county, on the 24th day of January, 1876, to answer on oath, whether they are indebted to the said de- fendant, and in what sum, and what effects of said defendant they have in their hands or possession, or had at the time of serving this summons; and whether they know of any other persons in-^ debted to said detcndant, or who may have any of the effects of said defendant in their hands or possession; and have you then there this writ. Witness my hand and seal this 10th dav of Jan.. 187(). John Doe, J. P. [skal.J XoTF,.— The best mode ior answer of s^arnishee is in writing, and in the nature of an affidavit. The following ^form will do, altering to suit the facts, in all cases and in all courts. It can be forwarded to the Justice. 12 Justice Forms §874.] No. 30.— ANSWER OF GARNISHEE. State of Mississippi, ) In Justice Doe's Court, - ss ^/-> Copiah County. \ ' Dist. No. 2. Januaiy Term, 18/ 6. Tiiis da}' personally appeared Henry Washington, summoned as garnishee in the ease of William Jones against John Smith, who, being t)y me, tlie undersigned, a Justice of the Peace for said count}', duly sworn, on his oath, answering says: That at the date of the service of the sumrnons cf garnishment herein, he was not indebted in any sum to John Smith, the defendant aforesaid {or, that he lods indebted, and the sum); that he has in his possession one bay mare, tlie property of said defendant, which was delivered to him for the purpose of making a crop on defendant's land for the year 1876 ; that he knows of no one indebted to the said defendant in an}' sum; that he has been informeil and belie^'es that Solomon Bruce, now resident on the farm of defendant, has in his possession a certain black mule, which is the property of the defendant; that lie knows of no other persons who have in their hands or possession any property or effects of the defendant; and having herein fully answered, prays to be discharged, witli his reasonable costs. IIexuy Washington. Sworn to and subscribed before me, this 24th day of January. 1876. John Doe, J. P. [seal.]^ Note. — This or any answer of garnishee can be by the plaintiff traversed, by statement in writing or by affidavit, setting up the facts wherein the gar- niyhee has evaded the summons. An issue can be made up. a jury sum- moned, and the correctness of the answer of garnishee at once decided. See Sec. 1445. §§ 1317, 83S..] No. 31.— EXECUTION. State of Mississippi, To the sheriff or any constable of Copiah county: We command you that of the goods and chattels, lands and tene- ments of John Smith you cause to be made the sum of fifteen dol- lars and cents, which sum was lately, before the undersigned, one of the Justices of the Peace for said county, recovered against said John Smith, with interest on said sum at the rate of six per cent, per annum from the day of , 1876, until paid; also, dollars and cents, costs of suit; and that you have the said sums of money before the undersigned, at his office in said county, to render to the plaintiff in said suit, on the day of ,1870. Have you then there this writ, with your proceedings tliereon endorsed. Witness my hand and seal this day of , 187G. John Doe, J. P. [seal.] (BILL OF COSTS.— /S'ee rees of Officers.) justice's fees. Issuinff summons or wan-iint Suranioning gai'iiishees Entering suit Taking examination of garnishees.. /// Civil Cases. 13 Issiiinp; subponas names Ipsiiiiig; exeeiilioii Affidavit to accoant IssiiinjT veiiili. exjjoiias Counter-affidavit Affidavit and appeal bond Venire facias Transcript of record and certificate Swearing jury Issuing attaciinient, bond and affidavit., Swearing witnesses Issuing replevin, bond and affidavit Affidavit for continuance Iss'ng distress war'nt,bo'.id and " ('oniniission to take deposition llecognizance Proceedings to judgment ^littimus Entering judgment Jury fee Affidavit for garnishee witnesses GONSTADLE S FEES. Serving summons or warrant Summoning inquest Serving an attachment Conveying criminal to jail miles, Summouiuu witnesses Attcmlinj; tiial Executing mittimus Summoning jury Taking bonds Iin'y trial, attendance Levying execution and making money. ..Summoning garnishees A true bill of costs. John Doe, J. P. [seal.] No. 32.— RETURN ON EXECUTION. Executed the within writ by levying on and taking into my pos- session one bay niai'e, the property of the defendant, John Smith. This day of 1876. Thomas Catch, Constable. No property of tlie defendant, John Smith, found in m}' county. Jan. 29th, 187G. ^ Thomas Catch, Constable. ^§844, 845.] No. 33.— BOND OF INDEMNITY. State of Mississippi, Copiah County. }-ss. Know all men bj' these presents, that we, William Jones and George Shannon are held and firmly bound unto Thomas Catch, his heirs, assigns or legal representatives, in the penal sum of seventy- five dollars [the penaltij should be sufficient to cov&r value of 'proi^erty seized, and a margin for costs), for which payment well and truly to be made, we bind ourselves and legal representatives, jointl}' and severally, firmly by these presents. Signed with our names and sealed Avith our seals, this day of Januaiy, 1876. The condition of the above obligation is such, that, whereas, an. execution issued by John Doe, a Justice of the Peace for said count}', on the day of , 1876, in favor of William Jones and against John Smith, for dollars, judgment, with in- terest and costs, was, by Thomas Catch, a constable of said count)', levied upon a certain ba}' mare, valued at fifty dollars, as the prop- erty of said defendant; but doubts having arisen whether the right to said bay mare is in the said defendant or not (or, the said mare is liable to seizure by reason of exemption); Now, therefore, if the above bound obligors will indemnify and save harmless the said Thomas Catch against all damages which he ma}' sustain in conse- quence of the seizure or sale of the mare aforesaid, on which said 14 Justice Forms execution lias l)eon levied, and, moreover, will \){\\ and satisfy to any person elaiunug title to said mare (or, the defendant) all dania- oes which said person {or defendant) may sustain in consequence of such seizure or sale, then this obligation to lie void, otherwise to remain in full force and effect. WiLLIAJI JoXES, [seal.] GkoRGE tSHANNON, [SEAL.J .^ 851.1 ' No. 34.-FRAUDULENT CONVEYANCE— AFFIDAVIT. State of Mississippi, Copiah County. )■ ss. This day, William Jones, plaintiff in a judgment rendered by the undersigned Justice of the Peace for said county, on the day of January, 1876, against John Smith for dollars and in- terest and costs, came before the undersigned and being by me dulN' sworn, deposes and says, that the execution, issued l)y virtue of the iudgment aforesaid has been returned nulla bona; that he has rea- sons to believe, and does believe, and hereby suggests to the court that the said defendant hath propert3% but hath fraudulently con- veyed the same for the purpose of defrauding his creditors, or to avoid the payment of the execution in ihis behalf, to-wit: three yoke of oxen and one wagon, now in the hands and possession of John Crawford in said count}' {or any other 'property whatever that mail have been disposedoj' or conveyed in fraud of his creditors.) William Jones. Sworn to and subscribed, this day of , 1876. John Doic, J. P. [seal, j :< 851.] ' No. :J5.— FRAUDULENT CONVEYANCE— SUMMONS. State of Mississippi, To the Sheriff or an}' Constable of Copiah County, Greeting: Whereas, William Jones, plaintiff in a certain judgment rendered by the undersigned Justice of the Peace for said county, against John Smith for dollars, with interest and costs, the execution issued by virtue of said judgment being returned nulla bona, hath suggested that John Crawford, of said county, hath in his hands and posse'S^Ton certain property of the defendant, to-wit: three yoke of oxen and one wagon, and hath also made oath that he has rea- sons to believe, and does verily believe, that said defendant hath fraudulently conveyed the same to said Crawford for the purpose of defrauding his creditors, or to avoid the payment of the execution in this behalf; Therefore, we command 3'ou to summon the said John Crawford to be and personally appear before the Justice of the Peace afore- said, at his office in said county, on the day of 1870, then and there to answer unto the complaint and affidavit of said In Civil Cases. 15 plaiiitili; Ibat issue m:iy l>e niailo up iu this l)eliair; and have you then there this writ. \ Witness my hand and seal, tliis day of , 1876. John Dok, J. P. [seal.] N.OTK. — For manner ol" stay of execution before a .Tustice of tlie Peace, see Sees. 134.'> and 1844. Note. — Lands and tenements can be levied on by execution and attach- ment issuing by a Justice of the Peace, but the officer making the levy must endorse the fact upon the execution and return it to the Justice: after Avhich the full duty of the Justice in the premises is set forth in 8ec. 1319, Avhich see. S1338, 858.1 No. 36.~CLAlMAN'rs ISSUE— AFFIDAVIT. Statk ok Mississirri, Coimah County. ^ ss. Personally appeared l)eforc the undersigned Justice of the Peace for said county, William Ragland, who made oath that ti certain bay mare, levied on as the property of John Smith by Thomas Catch, a constable of said county, b}- virtue.of an execution issued b}' the Justice aforesaid, on the day of January, 1870, and returnable before said Justice on the day of January, 1876, upon a judg- ment rendered by said Justice against said John Smith and in favor of William Jones, for the sum of dollars, with legal interest from date of rendition till paid, as also costs of suit, is not the prop- erty of said defendant, but the property of this aflliant, the right and title being in him; that this claim is no*", propounded for fraud- ulent purposes or delay, ami that affiant desires to replevy said propertj- and have his claim thereto tried. William Ragland. Sworn to and subscribed this day of , 1876. John Doi:, J. P. [slal.] Note. — It is a matter of option with the claimant to give bond, and replevy and take the property seized or not. If lie does not do so, the prop- erty will remrdn with the officer, to abide the issue; and the execution is stayed until its determination, for an amount equal to the value of the prop- erty in issue. See Sees. 1338, 85!). c< 858.] No. 37.— CLAIMANTS BOND. State of Mississiri'i, Copiah County. [>ss. Know all men by these presents, that we, William Ragland and Henry Whitfield, are held and firmly bound unto William Jones, his heirs, assigns or legal representatives, in the penal sum of one hun- dred dollars [double value of property), for which pa3-ment well and truly to be made, we bind ourselves, our heirs and legal repre- sentatives, jointly and severally, firmly by these presents. Signed 16 Justice Forins. with our names and sealed with our seals, this dav of ^ 1876. Tlie condition of the above obligation is such, that whereas, a iudgmeut was rendered b}^ John Doe, a Justice of the Peace lor said county, on the day of , 1876, against John Smith and in favor of AVilliam Jones, for the sum of dollars, with interest and costs, upon which execution duly issued and was levied upon a certain bay uiar.e, as the property of said defendant, valued atfift}' dollars; and. whereas, William Ragland has made oath that said mare is his property, and not the property of said defendant, and that he desires to replevy said property and have his said claim tried; Now, therefore, if the said William England shall prosecute his said claim with eilVct, or in case he !ail therein, shall pay to the said AVilliam Jones, i)laintitl in execulion, all such damages as may be awarded against him, in case his claim shall not be sustained, or shall appear to have been made for fraudulent purposes or for dela}-, and will well and truly deliver the said mare to the sheriff or other officer, if the claim thereto should be determined against him, the said claimant, then this obligation to be void, otherwise to remain in full force and effect. William Ragland, [seal.] Henry Whitfield, [seal.] S8G1.] No. 38.— JUDGMENT IN CLAIMANT'S ISSUE. William Jones, plaintiff in execution,"] ,„.,,. ^'\ 111- , \ February 10th, 1876. William Ragland, claimant, ( " Henry Whitfield, surety. J Whereas, execution was issued by John Doe, a Justice of the Peace for said county, on the day of Januaiy, 1876, upon a judgment rendered by said Justice on the day of January, 1876, in favor of William Jones against John Smith, for the sum of dollars, wnth legal interest and costs, which execution was levied upon a certain bay mare as the property of John Smith, the defendant in said judgment, which said mare is now here claimed by the said William Ragland as his property; and the said Ragland having beretotone made oath and given bond in pursuance of the statute in this behalf, it is ordered by the court that an issue for the trial of the right of property, between the said plaintiff in execution and the said William Ragland, be made up. Whereupon a writ of venire facias was issued, returnable instanter, which being duly returned, come the following good and lawful men of said county, to-wit : {here insert the twelve names) who being accepted by the parties to the issue, were sworn and impaneled. The said jury, after hearing the testimony and all the evidence in the case, and the argument of counsel, upon their oath do say: We, the jury, find for the plaintiff in execution, and assess the value of the mare at fifty dollars ; and w^e further find that the claim of the defendant, William Ragland, In Civil Cases. IT was made for fraiuUilent i)iirposes, or for purposes of delay. It is therefore ordered, considered and adjudged by the court, that the said plaintitf in execution do have and recover of and from the said defendant, claimant as aforesaid, and of and from his aforesaid .suretv, the bay mare levied on as aforesaid, if to be had, and if not to b('"h;ul, then to iiave and recover a<2:aiiisL the sai«l defiMidant and Ills said surety the sum of fifty dollars, tlie value of said mare as assessed by the jury aforesaid, with legal interest from this date till paid, and also ten per centum damages on tlie assessed value aforesaid, with his costs in this behalf expended; i'or all which exe- cution may issue. February , 1876. John Doe, J. P. [skal.] Note. — If the jury find fur the claimant, the court shall discharge him from his bond, and give judgment of costs against the plaintiff in execution, if he was present and contesting. The execution in the above judgment is the same as in detinue, which see post. §§ 281, 1345.] No. 39.— CONSTABLE'S SALE. William Jones Execution for $ vs. Costs for John Smith. 8 B}' virtue of the above stated execution to me directe Attachment. - for the county of Copiah, Miss., Edwakd Reynolds. ) May 18th, 1876. In the matter of the reiilevin bond of said defendant, approved by Thomas H. Wheeler, constable. To B. F. Jones, Justice of the Peace for said county: Your petitioner, the said i)laintiff in the suit aforesaid, would respectfully represent unto your Honor that he is dissatisfied with the bond and securit}' given by the said defendant, replevying the propert}' herein attached, and taken and approved by said constable, and charges that the same is wholly insufficient for the protection of the rights and interest of your petitioner in the [)remises; in this, that the surety on said bond, Samuel Adams, was not justified as to his solvency, &c., {o7' set forth all the facts as in the re/>levi/ bond — bid this is sufficient); wherefore, your petitionc prays that Thomas II, Wheeler, constable as aforesaid, may be cited, according to the statute in this behalf, to appear before your Honor and show cause, if he can, why the said bond or the security shall not be adjudged insufficient; and your petitioner will ever pray, &c. Mark Loving. §144L] No. 49. -CITATION TO CONSTABLE. To Thomas H. Wheeler, constable for the county of Copiah, and State of Mississi[)pi : In Civil Cases. 23 Whereas, in Llie mnttor of the replevy- l)on. F. Jones, J. P. [seal.] § 1455.) No. 50.— AF^DAVIT— DEBT NOT DUE. State ov Mississippi, Copiaii County, y ss. Personally appeared before the undersigned Justice of the Peace for said county, Mark Loving, who, being by me duly sworn, makes oath that Edward Reynolds, on the 1st day of July, 1876, will be indebted to him in the sum of one hundred and twenty-five dollars, as evidenced Ijy his promissory note to be due on the date afore- said, with interest at ten per cent, from maturity; and that he, the said Loving, has just cause to suspect, and verily believes, that the said Reynolds will remove himself or his effects out of the State l)efore the said debt will become payable, with intent to hinder, de- lay or defraud his creditors (or that said lieynolds hath removed, with Wee intent, leaving property in this State); wherefore this afllant prays the issuance of the writ of attachment against the es- tate of said Edward Reynolds, real and personal. Mark Loving. Sworn to and subscribeil this lOtli dav of May, 1876. 15. F. Jones, J. P. (seal.) Note.— Before the writ issues the plaintiff must give bond as in other attachments, and the defendant may reply as before. In case of garnishees, iudgment is stayed until the debt "falls due. The property attached, after judgment, will be sold on a credit to the maturity of the claim, the purcha- ser giving bond, payable to plaintiff, for full amount of judgment, interest and costs. If property brings more than the demand and costs of plaintiff, the officer must take bond for the residue, payal>le to defendant, from the purchaser. S1455.] No. 51.— BOND OF PURCHASER. State of Mississippi, Copiah County. )■ ss. Know all men by these presents, that we, Elias Rowan and Adam Crane are held and firmly bound unto Edward Reynolds, and to his legal representatives, in "the penal sum of one hundred and thirty- seven dollars and fifty cents, which payment well and truly to be -made we bind ourselves, our heirs and legal rei)resentatives, jointly 24 Justice Forms and severall}^ lirmly by these presents, signed with our hands and- sealed with our seals, this 10th day of June, 1876. The condition of the above obligation is such, that whereas, at an execution sale, on a judgment against Edward Reynolds, in an attachment case, rendered on the 20th day of May, 1876, by B. F. Jones, a Justice of the Peace for said county, in favor of ]\rark Loving, for the sum of one hundred and twenty doll'ars, for a debt, not due, but to fall due on the 1st day of July, 1876, and twelve dollars and fifty cents, costs of suit ; and whereas, the above bound Elias Rowan l)ecame the purchaser, at said sale, of a black-horse mule for the sum of one hundred and thirty-seven dollars and lifty cents, payable on the said 1st day of July, 1876, the same being sufficient to pay and satisfy said judgment and costs of suit; Now, therefore, if the said Elias Rowan shall fully pay and satisfy the debt aforesaid, at the maturity thereof, and the costs aforesaid, then this obligation to be void, otherwise to remain in full virtue, and have the°force and effect of a judgment of a court of record, pur- suant to the statute in that behalf. Elias KoWax, [seal. ] Adam Crane, [seal.] ^s^OTE. — Claimant's issue in attachment is governed by the same rules as the claim of third party under execution. See Sees. 1456 and 1457. Note.— The grounds stated in the affidavit for attachment may be con- troverted. See Sees. 1459 to 14G4. §1459.) No. 52.— PLEA IN ABATEMENT. Mark Loving ~) Before B. F. Jones, Justice, vs. )> Attachment. V May 20th, 1876. Edward Revnolds. ) This day" comes the defendant in the above stated case, and files this his plea in abatement, and for plea in this behalf says that he has not, as plaintiff charges, property or rights in action which he co-nceals, and unjustly refuses to apply to the payment of his debts; and of th's he puts himself upon the country. Edward Reynolds. Sworn to and subscribed before me, this 20th day of May, 1876.. B. F. Jones, J. P. (seal.) g 1462.) No. 53. -NOTICE TO PLAINTIFF Mark Loving ) Before B. F. Jones, Justice, vs. [^Attachment.- ^lay 20th, 1876. Edward Reynolds. ) To Mark Loving, defendant in the above stated case, or to - , his attorney of record: You will take this as notice that 1 will, upon the trial of this issue, insist and offer in evidence the following, as special damages to ine in this case, to-wit: lawyer's fee, ten dollars; traveling ex-- In Civil Cases. 25 pcnses and hotel bills, twenty-five dollars; special injuiy to iny business in detention and loss of credit, one luindred dollar?. EuwAUD Reynolus, By A. B., his Attorney. ]sjoiE. — When a ])loa in abatement is fded, this issue must be first trie'l. If the defendant gains, the whole attachment is at anend; if lie loses, the Justice tlicn proceeds to try the attachment on its merits. 3 1467 and 8 No. 54.— pp:rishable goods, oath and certificatp: OF HOUSEHOLDERS. State of Mississirj'i, Copiah County. )-ss. This day, I, Thomas H. Wheeler, constable for said county, sum- moned before me Edward Cotton, John Cason and PLlbert Dunbar, householders of said county, who being by me lirst duly sworn to examine the goods and chattels presented to them, seized by me under and by, virtue of a writ of attachment, and believed to be in danger of immediate waste and decay, do, under their oaths, say: We, the undersigned, do hereby certify that having fuUv and care- fully examined the goods this day exhibited to us by Thomas H.^ Wheeler, constable, tind the same to be perishable and in danger of immediate waste and decay. Edward Cotton, John Cason, Eli'.ickt Dunijar. Sworn to and sul)scribed this 15111 day of JNIay, 1876. Thomas H. Wheeler, Constable. §1472.) No. 55.— AFFIDAVIT— NON-RESIDENT. State of Mississirrr, Copiah County. ):- ss. Personally appeared before the undersigned, a Justice of the Peace for said county, ^Mark Loving, who being by me duly sworn, made oath that Edward Reynolds, against whose estate a writ of attach- ment was issued, and certain property seized by virtue thereof, has not been found and summoned to answer to said attachment; that said alfiant has been informed, and verily believes the fact to be, that said Reynolds is not within the State; but that said Reynolds is now supposed to be at Frost Station, a postoHice in the State of Tennessee {if the 2^^«ce is unlaioivn.say, '' and affiant hath no i»for- mation of the place of residence of the said lieyvoldK.'") ^Fakk Lovixo. Sworn to and subscribed this 15tli dav of 3Iay, 1876. B. F.Jones, J. P. (seal.) Note.— If the defendant is attached as a non-resident, this affidavit must be filed when attachment issues; and then only state that defendant is in a certain State, and the place, if you know, as above.^ Publication must _be made by notices nosted in three public places. See Sec. 1473, and ActslS/O, p. 78. 26 Justice Forms § 1473.) No. 56.— ATTACHMENT NOTICE. (To be published.) State of Mississippi, Copiah Countv. Jss. 3Iark Loving, ^ vs. ^ Attachraent for $12'). )■ Edward Reynolds. j An aUachmeut having been issued in the above stated case against the estate of said Edward Reynolds, at the suit of said plaintiff, returnable before B. F. Jones, a Justice of the Peace, hold- ing Lis court at Beauregard, in said county, on the 20th da'v of May, 1876. Now, the said defendant is hereby cited to be and appear before said Justice, at Beauregard, in said county, on the 22d day of June, 1876, and plead to the case; in default of which appearance judg- ment by default shall be rendered against him, and the property sold and the effects applied to the payment of plaintiff's claim. Witness m^- hand and seal this 20th day of Ma}', 1§76. B. F. Jones, J. P. (seal.) Note. — This notice must be published four times in some paper in the county, and a copy must be mailed, postage paid, to the defendant, by the Justice, if the postoffice is known. The Justice makes atRdavit of that fact as follows: See Sec. 1475. §1475.) No. 57.— AFFIDAVIT OF JUSTICE. State of jMississippi, Copiah County. J-ss. Personally appeared before the undersigned, a Justice of the Peace for said county, {or cleric or judge, d'-c, ) B. F. Jones, a Jus- tice of the Peace, who, being by me duly sworn, made oath that, on the 20th day of May, 1876, at the town of Beauregard, in said county, he mailed, postage paid, to Edward Reynolds, at Frost Sta- tion, Tennessee, a publisiied (or wn'tten) notice of the pendency of an attachment against him at the suit of Mark Loving, in pursuance of the statute in that behalf. B. F. Jones, J. P. Sworn to and subscribed this 25th day of May, 1876, JOSIAH HeSTEK, J, P. (seal.) Note. — If the defendant does not appear, the Justice will enter up judg- ment by default on proof of publication only. If published in a paper, the affidavit of the printer ; if posted, on the affidavit of the constable or plaintiff who stuck up the notices, and coj^v of notice filed with the papers in the case. § 1477.) No. 58.— PROOF OF PUBLICATION. State of oMississippi, Copiah County, ^ss. Personally appeared before the undersigned, a Justice of the Peace for said county, D. W. Jones, publisher of a newspaper printed and published in said county, in the town of Hazlehurst, called the Coidah Herald, who, being by me duly sworn, made oath /// Civil Cases. 27 tliat the publiciUiou of ;i cfrtuin notice, a true copy of which is Jiei'oto iittaclicd, lias l)ecii iiuuUi in said paper {ipr toui- consecutive weeks, to -wit: Vol. 3, No. 20, dated iMav 15th, 1870. Vol. 3, No. 21, dated lAIav 22d, 1870. Vol. ;}, No. 22, dated May 2!)tli, 1870. Vol. :>. No. 23, dated June 5th, 1870. And 1 liei'eby certify that the several numbers of the nevv.spapers containinir the notice hereto attacluul, have been Ijefore ine exliib- itcd and examined, and I find the iiublicatioii thereof to have been I'orrectly made and as stated. 1). W . Jokks. Sworn to and subscribed tliis 10th (hiy of June, 1870. A. Lowe, J. P. (seal.) NoTK — On this proof Judgment will be entered by default and the pro- perty attached ordered sold; but must not be so sold without the giving of the following bond by plaintiff", before execution. JjUTD.) No. 59.— bond in JUDGMENT liY DEFAULT. State of Mississippi, Copiah County. J>ss. Know all men by these presents, that we, Mark Loving and An- drew Lusk, are held and firmly bound unto Edward Reynolds, and to his legal repj-esentatives, in the penal sum of three hundred dol- lars, for which payment well and truly to be made, we bind our- selves, our heirs and legal representatives, jointly and severally, firmly by these presents, signed with our names and sealed witii our seals, this 22d da}^ of June, 1876. The condition of the above ol)ligation is such, that whereas, the aliove l)ound INIark Loving, on the 22d day of June, 187G, ob- tained a judgment by default u|)on proof of publication only, against the said Edward Re^ynolds, before li. F. Jones, a Justice of the Peace for said county, in a certain attachment suit against the estate of the said Re3'nolds, for the sum of one hundred and twenty-tive dollars, as also costs of suit; and whereas, execution has been issued thereon, and levied upon a certain black horse-mule and spring- wagon, the property of said Reynolds; and whereas, Thomas H. Wheeler, constable for said count}', is about to sell said mule and wagon, and as the law I'equires, that before the making of such sale the plaintiff shall give bond; Now, therefore, if the said defendant. Edward Reynolds, shall, within a year and a day next following the execution hereof, come into court and disprove or avoid the debt recovered by the plaintiff against iiira, and thereupon the said plain- tiff, Mark Loving, shall restore to the said defendant the money he may have received toward the satisfaction of his demand, or so much thereof as shall be disproved or avoided, then this obligation to be void, otherwise to remain in full force and effect. iNLvKK LoviN(;, (seal.) A. Lusk, (seal.) Bond and securit\- approved, this 22d dav of June, 1870. B. V. Jones, J. P. (skal ) 28 Justice Forms XoTE. — If the plaintiff, in cases of judgment on proof of publication only, does not come ibrwarAand give the foregoing bond, it is the duty of the offi- cer holding the property to notify him in writing to do so. See sec. 1480. R E ^I E D Y BY REPLEVIN. §§1528-9.) No. 60.— AFFIDAVIT. State of Mississiprr, Claiborne County. ^ ss. Personally appeared before the undersigned, a Justice of the Peace for said county, Edward Stiles, who being by me duly swore, made oath that Benjamin F. Booth wrongfully took and detains {or wron'qf idly detains) from him the possession of a certain sorrel mare mule, called Kate, of the value of one hundred and twenty dollars; that this affiant is legally entitled to the immediate possession of the same, and affiant's right (^f action in the premises has accrued within one year. Edavard Stiles. Sworn to and subscribed, this 10th day of Jul}-, 1876. Geo. Page, J. P. (seal.) §1530,1531.) No. GL— WRIT. The State of ^Mississippi, To the sheriff or any constable of Claiborne county, Greeting: We command you to "^take into your possession and custody a certain sorrel mare mule, called Kate, now in the possession of Benjamin F. Booth, and unlawfully detained by him from the posses-^ sion of Edward Stiles, as we have been informed by the affidavit of said Stiles, filed with us this 10th day of July, 1876; and that you deliver the said mule to said Stiles, plaintiff", upon his entering into bond according to the statute in this behalf, with sufficient security, in double the value of said property, to be ascertained t)y you, con- ditioned according to law, unless the said Booth, defendant, shall enter into bond, with sufficient security, in like penalty, payable to said plaintiff; within two days from the seizure of said property, conditioned according to law. You are further commanded to summon the said Bootli, to be and appear before the undersigned, Justice of the Peace for said county, at his office therein, on the 20th day of July, 1876, then and there to answer to this action of replevin. To tlie damages of said plaintiff" one hundred and fifty dollars. Witness mv hand and seal, "this 10th day of July, 1876. Geo. Page, J. p. (seal.) §§ 1530, 1531. No. 02.— BOND. State of Mississippi, Claiborne County, ^-ss. Know all men by these presents, tiiat we, Edward Stiles and Wil- liam Morris, are held and firmly bound unto Benjamin F. Booth, his assigns and legal representatives, in the penal sum of two hun- ///. Civil Cases. 29 drcd and foity dollars, for which payment well and truly to l)oniade, we bind ourselves, our heirs and le(.^al representatives, jointly and severally, lirmly by these iM'esents, signed with our hands and scaled with our seals, this 14th day of July. 187G. The condition of the above obligation is such, that whereas, the said P^dward Stiles, plaintiff, hatii, on tlic 10th day of Julv, ISTt", prayed a writ ss, To the sheriff or any constable of said county, greeting: Whereas, Sydneham Hawkins, unlawfully withholds from the possession of Jaraes S. Mason {or, if a tenant icronr/fuUi/ Jiolds over .from his landlord, or, if 'plaintiff has been unlaiofuUi/ turned out of jjossession, saij so,) certain ])remises, to-wit: the east half of tho southeast quarter of section four in township twelve of range three east, containing eighty acres of land, by estimation, with the ap- purtenances, lying and being in said county, as appears to us b\- the record of the undersigned Justice of the Peace for said count}-; we, therefore, command you to remove the said Hawkins from the aforesaid premises, as well as all other persons who may be wrong- full}^ therein or thereon, and to put the said James S. j\[ason in full and complete possession thereof; and that of the goods and chattels of said defendant vou cause to be made the sum of dollars, OZ Justice FoTins cost of this suit, so that 3-011 have tlic same with this writ, with your proceedings theroon endorsed, before me. Witness my liand and seal this 26th (hiy of Decemher, ISTG. T. J. SlNIITH. J. r. (seal.) g 1595.) N(>. 71.— APPEAL BO.ND. IState of Mississippi, Claiborne County, }-ss. Know all men by these presents that we, Sydneham Hawkins and Mack D. Sims, our heirs and legal representatives, are held and firmly bound unto James S. Mason, his heirs and legal representa- tives, in the penal sum of two hundred and fifty dollars, {being double the tihiount compensation or rent obtained, beside the 2^enalty required in other cases,) for which payment, well and truly to be made, we bind ourselves, our heirs and legal representatives, jointly and severally, firmly by these presents; signed with our names and sealed with our seals this 26th day of December, 1876. The condition of the above obligation is such that, whereas, on the 10th day of December, 1876, a claim was filed against the above bound, Sydneham Hawkins, by James S. Mason, alleging that said Hawkins'unlawfully withheld from the possession of said Mason certain premises therein described; and, whereas on the 20th day of December, 1876, a writ of possession was issued ousting from said premises the said Hawkins, as, also, judgment for costs and the sum of twenty-five dollars compensation for use and occupation of said premises; and, whereas, said Hawkins has prayed an appeal to the next regular term of the circuit court of said county, and made the necessary afifidavit to obtain the same; now, therefore, if the said Sydneham Hawkins shall stand and abide by the judgment of the circuit court in this behalf, and shall, also, well and truly pay, satisfy and discharge such sums as may be adjudged against him in the circuit court for arrears of rent or damages, for the use and occupation of the property in controversy, beside costs of suit, then this obligation to be void; otherwise to remain in full force and etfect. Sydneham Hawkins, (seal.) MackD. Sims, (seal.) XoTE. — The appeal does not stop the execution of the writ. This whole proceeding is summary, for the protection of lat\dlords whose tenants hold over agaiifst thein, and against landlords who unlawfully turn out tenants ; for merchants and others who hold deeds of trust against those who Avill not deliver the lands, after default made, to the trustees, &c. It is very doubtful Avhether the court established by this statute is constitutional in all its latitude, while I heartily approve these summary remedies. The object of all law should be to avoid litigation; and, if once commenced, to shorten all actions. In this day we want no Jaundice vs. Jaundice. i< 1603.) M E C H A N I C ' S L I E ^^ This statute has become not only the protection for large contractors and master builders, but equally so fo/tlie simplest laborer upon any character In Civil Cases. -^S ■of improvement on any land or lot of ground. And as it is cognizable before a Justice of the Peace to the amount of $150, it is really the laborer's law. .^IfiO;].) No. 72— PETITION. Statk of iStississipin, Hinds 'County. J> ss. To the Honorable W. L. Smylie, a Justice of the Peace for suid county : Your petitioner, tlie undersigned, Carl Shaifer, would respectfully show unto your Honor, that on or uljoui the 3d day of jNIarch, 1876, one Henry McBrido, resident in said count\-, employed, by verbal contract, your i)etitioner, to build and erect upon his farm, in said county, on which the said McBride now resides, and more particu- larly described as the east half of the southeast quarter of section nine, in township eight of range four east, a garden fence (or a hen house, or 2^i'J house, or crib or stable, or any other iviprovemcnt, or the materials therefor) of the dimensions and st^de, to-\vit: one hun- dred and sixty feet front by two hundred and forty feet deep, being the panels on the front, near the public road, east of said residence, ten panels in the rear and fifteen on each side, making, in all, tlft}' l)anels of fence, said panels being sixteen feet each; and in conside- ration of said work and improvement to be done by joav petitioner, from materials furnished to hand b^y said McBride, your petitioner was to receive Ironi said McBride, and he so agreed and promised at the time, the sum of titt^^ cents per panel, making in all the sum of twenty-live dollars, to be paid on the completion of said fence. And your petitioner would further show that he did said work and erected upon said land said fence, in a substantial and workmanlike manner, according to agreement, completing the same in the time given and' agreed upon, but that said McBride failed to pay 3'our l)etitioner as aforesaid, and still fails and refuses to pay; Wherefore, your petitioner pra3-s the benefit of the Act in relation to lien of mechanics in his behalf, and that the said Henry McBride be sum- moned to appear before your Honor to answer and defend this action; and that all persons having an interest in the controversy, and all persons claiming liens ©ji the same property, if any there be, by virtue of the statute in this behalf, be made parties to this suit, and be summoned to answer herein. And your petitioner will ever pray, &c. Carl Siiaifki;, Piaintilu Sworn to and subscri!)ed before me, this 3d dav of duly, 1876. W. L. Smylie, J. P. 1^1000.) No. 73.— BILL UF PARTICULARS. Note. — Unless the contract ba in writing, an account stated, or bill of particulars, must be filed with the petition ; if a contract in writing exists, then file the contract with the petition. 3 31 Justice Forms Henry McBride To Carl Shaifcr, Dr. 31arch25th, 1S76. To putting up fift}' panels of picket fence, from materials furnished by you, on your farm In Hinds county, from March 3d to March 25th, 1876, at 50c. for each paiiel S25 00 This was a garden fence, witli sawed posts 4x6x7 feet long, put in the ground two feet deep, with railing nailed to the top and bot- tom of posts, 1^x3x16 feet long; posts set every eight feet, and pickets 1x3x5 feet long, nailed to railing at the distance of two. inches apart, set above a twelve inch baseboard. Material was fur- nished in the rough; the posts sawed, the holes were dug, posts set and rammed, baseboard placed, railing sawed to length and nailed on, pickets »awed to length, sharpened at one end, nailed on, and tlic labor [lerfonned in the time and at the i)i'ice stated above. ^1010.) No. 74.— SUMMONS IN MECHANIC'S LIP:N. State of Mississipm, , To the sheriif or any constable of Hinds county, Greeting: "VVe command you to summon Henry McBride [and any others interested in the'laiid, or who have liens upon the same proiJertu, if known) to l)e and personally appear before the undersigned Justice of the Peace for said county, at his office therein, on the day of , 1876, to plead, answer or demur to the petition of Carl Shaifer, asking for the benefit of an Act for the enforcement of mechanic's lien, to secure the payment of the sum of twenty-five dollars, on the following property, whereon work was done and improvements built, to-wit: the east half of the southeast quarter of section nine, in township four of range eight east, in said county,, now occupied by said Henry McBride {and the dioelling thereon, if the work was done on a dtvellinri). Herein fail not, and have you there this writ. Witness my hand and seal, this d^y of , 1876. W. ii. Smylie, J. P. (seal.) §1606.) No. 75.— NOTICE TO OWNEE. Note. — If any contractor or builder refuses to pay any one employed by him to labor or to furnish materials, such person should at ouce_ give the owner notice of the amount due by such contractor or builder, which notice will be in the nature of a garnishment, and bind what may be due from the owner to the contractor or builder. If the contractor sues the owner, the party giving notice must be summoned ; and if the party giving notice, after it, .sues the contractor, the owner must be made a party to the suit. Btram, Miss., March 20th, 1876. Henry JfcBride, Esq.: SiK — You will please to take this as notice, thtit Carl Shaifer, under verbal contract (or contract) to build and complete for you In Civil Cases. -"^^ on youf farm in Uiuds tH)iiiity, a certain garden I'ence, is inilelAcil to me in tlie sum of eight dollars, vvhicli he fails and refuses to pay, for work and labor done on said fence. Respectfully, Ciiakles RAMMiin. ^S llctt of said town, as lot 4, in square 10. Locate fidly.) ; therefore affiant prays an attachment a<'-ainst the goods and chattels of said tenant. ° D. W. McRae. Sworn to and subscribed this 10th day of January, 1876. A. B. Lowe, J. P. (seal.) §1622.) No. 79.— AFFIDAVIT— RENT NOT DUE. State of Mississippi, Copiah County, ^ss. Personally appeared before the undersigned Justice of the Peace for said county, D. W. McRae, who states on oath that Charles Cook is justly indeloted to him in the sura of seventy-five dollars, for rent of certain leased premises, situate in said county, known as the Oak Grove place, and being a part of the southwest quarter of sec- tion nineteen, in township two of range one west, the same to be due and payable on the* first day of January, 1877; and this affiant ///. Civil Cases. '^^ Inrtlier makes oiitli that lie has just cause to suspect, and does verily believe, that his said tenant will remove his effects from said leased piemises to some other place, within or without said county, before the expiration of his term, or before the rent will fall due, so that no distress for rent can be made; wherefore afliant prays an attachment to distrain suflicient goods and chattels on said premises to satisfy said rent. D. W. McRae. Sworn to and subscribed this 20th dav of November, 1876. A. B. LowK, J. P. (seal.) ^ 1623.) No. 80.— AFFIDAVIT WHEN EFFECTS HAVE BEEN REMOVED. Note. — If tenant removes effects without paying rent, landlord within thirty days lias his remedy l>y attachment, and c?in seize the goods wherever found. State of ^Mississippi, Copiah County. J>ss. Personally appeared before tlie undersigned Justice of the Peace for said county, D. W. McRae, who states on oath that Charles Cook is justly indebted to him in the sura of one humlred dollars, to be due and payable on the 20th day of December, 1876, for the rent of certain leased premises for said year, described as follows: lot num- l)ered six in square or block numbered ten in the town of Hazle- liurst, in said county, with the tenements and appurtenances there- unto belonging; and that said tenant has actually removed his etfects from said leased premises before the rent has become due, so that there is not suflicient property, liable to distress, left on said premi- ses, and that said removal lias taken place within the last thirty days ; wherefore. afliiUit prays an attachment, A:c. D. W. McRar. Sworn to and subscribed this 10th day of December, 187G. A. B. Lowe, J. P. (seal.) §1620.) No. 81.— BOND. State of IMississippr, Copiah County, ^ss. Knew all men by these presents, that we, D. W. INIcRae and L. B. Harris, are held and firmly bound unto Charles Cook in the sum of two hundred dollars, for which payment well and tndy to be made, wo bind ourselves and our legal representatives, jointly and severally, lii-mly by these presents, signed with our names and sealed with our seals, this 18ih day of December, 1876. The condition of this obligation is such that, Avhei'cas, the above bound D. \\ . McRae hath on the day of the date hereof prayed an attachment, at the suit of himself, to distrain the goods and chattels of the above named Charles Cook, to. the amount of one hundred dollars, for rent alleged to be due for certain leased premises set I'orth therein; and whereas, said ^IcRae has also made atlldavit that 44G339 38 Justice Fojiiis said tenant has actually removed his effects from said leased |)remi- ses before the rent has become due, so that there is not suiHiient property', liable to distress, left on said premises, and that said re- moval has taken place within the last thirty days (or, thai he has Just cause to suspect, and does verily believe, that i>aid tenant toill re- viove his effects from said leased jJremises to some other place, within or witliout said county, before the expiration of his term, or before the rent will fall due, so that no distress for rent can be made), and hath obtained the same I'eturnable before A. B. Lowe, a Justice of the Peace for said county, ?t his office therein, on the 20th day of December, 1876. Now, if the said j^laiuLilf in said attachment shall well and truly pay and satisfy to the said tenant, defendant, all such damages as he shall sustain by reason of the wrongful suing out of said attach n^.ent, and shall also p;iy all costs which may be awarded agrinst the said plaintiff in said suit, then the above obligation to be void, oth- erwise to remain in full force ;ind ell'ect. D. W, McRae, (seal.) L. 11 Harris, (seal.) S 10-29.) No. 8-2.— WARRANT. State of Mississippi, To the slierifl' or any constable of Copiah county, Greeting: AVhercas, I). W. McRae hath complained on oath, before the undersigned Justice of the Peace for said county, that Charles Cook is justly indebted to him in the sum of seventy-five dollars, for rent alleged to be due and in arrear on certain leased premises, situate in said county, to-wit: the east half of the southeast quarter of section nineteen, in township tvvo of range one west; Or, 2d, is justly indebted to him in the sum of seventy five dollars, for rent of certain leased premises, situate in said county, known as the Oak Grove place, and being a part of the southwest quarter of section nineteen, in township 2 of range one west, and that affiant has just cause to suspect, and does verily believe, that his said tenant will remove his effects from said leased i)remises to some other place within or without said county, before the expiration of his term, or before the rent will tall due, so that no distress for rent can be made ; Or, 3d, is justly indebted to him in the sum of one hundred dol- lars, to be due and payable on the 20th day of December, 1876, for certain leased premises I'or said year, to-wit: lot numbered six in square or block numl)ered ten, in the town of Hazlehurst, in said county, and that said tenant has actually removed his effects from said leased premises, before the lent has become due, so that there is not suflicient property, liable to distress, left on said premises, and that said removal has taken i)lace within the last thirty days; And whereas, the said D. W. McRae hath given bond and secu- rit_y"as required by law; We, therefore, command you to attach and In Civil Cases. '^^^ distrain the goods aiul chattels of tlie sai'l CIiuvIgs Cook, liable to distress {if^od cause, stnj, ''wherever then onai/ be found), to an amount sutlicient to satisfy the rent clue and in arrear(o/-, to hedue) as aforesaid, and all costs". And having given notice, according to law, to said tenant, you shall forthwith advertise the property dis- trained, for sale, in not less than ten days after such notice, on said premises, or at some other convenient public place. And if the said Cook, or claimant of the goods distrained, shall not, before the time appointed for the sale, replevy the same, by giving bond and securitv, to be approved by you, you shall sell the said goods to the highest bidder, lor caslC at public outcry, and shall, out of the proceeds of the sale, pay all costs, and to the plaintiff the amount due him for rent, with interest {or, if Id cause, " deducting interest J'or the time until the rent shall become 2)ayabte"); and make return of this writ to the undersigned, at his ollice, in said county, on the day of 1877. Witness my hand and seal, tliis day of , 187G. A. B. Lowe, (seal.) NoTK.— The distress warrant is not served on the tenant, but levied at once on property of his subject to distress or seizure. The following notice, however, to aiake the seizure legal, must be served on the tenant : ;< 1G21. No. 83.— NOTICE TO TENANT. Copiah Countv, Miss., Dec, 10th, 187G. Mr. Charles Cook : Sir— You will take notice that at the suit of D. ^Y. McRae against you, for the sum of seventy five dollars, rent alleged to be due and in arrear, by vou to him (or, to be due), and by virtue of a warrant issued by A. B. Lowe, Justice of the Peace for said county, 1 have this day" distrained and taken into my possession one bay mare, as your property; which will be sold by me to satisfy said debt and costs, at public outcry, for cash, to the highest bidder, at on the 21st day of December, unless replevied according to law. Respectfully, Albert Welch, Constable. Note.— The tenant can replevy the property in two ways: 1st, by giving a bond in double the amount of rent claimed, with security, to pay the rent and interest and costs, at the end of three months; or by giving bond and security in double the amount of rent claimed, to try the legality of the distress. If any other claims the property seized, he tiles his atiidavit and gives bond, and the issue is tried. §1021.) No. 81.— REPLEVY BOND TO PAY RENT. State of Mississippi, Copiah County, J-ss. Know all men by these presents, that we, Charles Coo.v and Moses "Curtis arc held and firmly bound unto D. W. McRae, and to his degal representatives, in the sum of one hundred and fifty dollars, 40 Justice Forms for which payment well and truly to be made, we bind ourselves- and our legal representatives, jointl}- and severally, firmly' by these presents, signed with our naraes and scaled with our seals, this 15th day of December, 1876. The condition of the above obligation is such, tliat whereas, pro- l)crty of the above bound Charles Cook, by virtue of an attachment sued out by D. W. McRae, has been distrained to satisfy the chiim of said McRae for rent, and also for costs of this proceeding, amounting in- all to eighty-two dollars; and upon the execution of these presents, said property has been restored to said Cook; Now, if the said Cook shall make payment of the rent claimed, with lawful interest for the same, and all costs, at the end of three months after making such distress, then this obligation to be void,, utiierwise to remain in full force and effect. Charles Cook, (seal.) Moses Curtis, (seal.) I approve the foregoing bond and security, this 15th day of De- cember, 1876. " Albert Welch, Constable. §1630.) No. 85.— REPLEVY BOND BY TENANT. State of Mississippi, Copiah County. )■ ss. Knovv all men by these presents, tliat we, Charles Cook and H. C. Vance, are held and firmly bound unto D. W. McRae, and to his legal representatives, in the sum of two hundred- dollars, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointlj- and severally, firmly by these presents, signed with our hands and sealed with our seals, this 15th day of Decem- ber, 1876. The condition of the above obligation is such that, whereas, a certain bay mare, the property of the above bound Charles Cook, has been distrained, by virtue of an attachment issued by A. B. L.->we, a Justice of the Peace for said county, at the suit.of D, W. McRae, to satisfj^ the claim of said ]McRae for rent alleged to be due and in arrear; and, whereas, said Cook desires to replevy said mare, in order to try the legality of said attachment, and hath ob- tained a writ of replevin upon the execution of these presents, returnable before said Justice, at his office, in said county, on the i3d day of December, 1876; Now, therefore, if tlie said Cliarles Cook shall perform and satisfy the judgment of the court in this re[)lovin suit, in case he shall be cast therein, then this obligation "hall be void, otherwise to remain in full force and effect. Charles Cook, (seal.) H. C. Vance, (seal.) I approve the foregoing bond and S(,'curity, this 15th day of De- cember, 1876. A. B. Lowe, J. P. (seal.) Ill Civil Cases. -^1 8 1630. ) ^ No. 8G.— WRIT OF REPLEVIN FAVOR OF TENANT. State op IMississii'i'i, To tlie sheritr or any constable of Copiah connty, Greeting: Whereas, a certain bay mare has l)eeu distrained by virtue of an attachment issued at the suit of D. W. :McRae, against the goods and chattels of Charles Cook, for the sum of one hundred dollars rent alleged to be . due and in arrear, which said mare the said defendant desiresto replevy, in order to try the legality of said attachment; and having given "bond in this behalf, as directed by law; we command you to take said mare and deliver and restore the same to said defendant, and to summon said McRae to be and appear before the undersigned Justice of the Peace of said county, at his office therein, on tlie 23d day of December, 1876, then and there to answer the complaint of defendant in the premises. And have then there this writ. Witness my hand and seal this loth day of December, 1876. A. B. Lo^VK, J. P. (seal.) § 1631.) No. 87.— CLAIMANT'S AFFIDAVIT. State of Mississippi, Copiah County. )-ss. Personally .'ippeared before tlie undersigned, a Justice of the Peace for .said county, W. 31. Haley, who states on oath that a certain bay mare distrained as the property of Charles Cook, by virtue of an attachment issued by A. B. Lowe, Justice of the Peace for said county, at the suit of D. MeRae, for tlie recovery of rent alleged to be due and in arrenr (or, to he due on the day oj ), is the property of this afliant, and not the property of the tenant, said Charles Cook, nor held in trust for the use of said tenant in any manner whatsoever, and that said ma^-e, in his opinion, is not liable to such distress. Wherefore, affiant prays in this behalf the writ of replevin, that the right of property may be tried ^ o . t . . ^^, ^^ Haley. Sworn to and subscribed, this l-ltli day of December, 1876. A. B. LoAVE, J. P. (seal.) ^ 1631.) No. 88.— BOND BY CLAIMANT. Kr.ow all men by these presents, that we, W. M. Hnley and An- drew Mangold, are held and iirmly bound unto D. W. McRae, (kc, (as 171 No. 85, only penalty double value of property distrained). The condition of this obligation is such that, whereas, a certain bay mare, valued at dollars, has been distrained as the pro- perty of Charles Cook, by virtue of an attachment issued by A. B. Lowe, a Justice of the Peace for said county, at the suit of D. W. McRae, to satisfy a claim for rent alleged to be due and in arrear; and whereas, the above bound W. Vl. Haley makes claim to said mare, and has filed his affidavit in this behalf, according to la^ir, and ^2 Justice Forms pra3-e(,I a -writ of replevin upon the execution of these ))resents, returnable before saitl Justice, at liis office, in said county, on the 23(1 day of December, 187G ; No-,a', therefore, if the said W. M. Haley, in case he be cast in said replevin suit, shall perform and satisfy the judgment of the court, then this ol)ligation to be void, otherwise remain in full force and effect. W". M. Haley, (seal.) Andkew Mangold, (seal.) No. 87.— WRIT OF REPLEVIN F^VOR CLAIMANT. State of Mississipp/, To the sheriff or any constable of Copiah county, Greeting: Whereas, a certain bay mare has been distrained, by virtue of an attachment issued at the suit of D. W. McRae against the goods and chattels of Charles Cook, for the sum of one hundred dollars, rent alleged to be due and in arrear, which said mare, valued at dollars, is claimed by affidavit tiled before us, by W. M. Hale}^ as his property, and not the property of said tenant Cook, and bond and security having been given as directed by law, in this behalf; we command you to take said mare and deliver the same to said Hale}', and to summon said McRae to be and appear before the undersigned Justice of the Peace for said county, at his otfice therein, on the 2Hd day of December, 187G, then and there to answer the claim of said Haley in the premises. And have you then there this writ. Witness my hand and seal, this 15th da}^ of December, 1S76. A. B. LoAVE, J. P. (seal.) § 1G40.) No. 90.— NOTICE TO DETERMINE TENANCY. Note. — Tenants from year to year must have two months notice ; half yearly or quarterly tenants, one month's notice; and by the month, one week's notice in writing. Hazlehukst, jNIiss., Oct. 28th, 1875. Mr. Charles Cook : Sir — You will take notice that youi- tenancy of the house and lot now occupied by yon in this town, rented of me by the year, will be determined and ended on the first day of Januar}', 1876, on which date I shall require of you possession of the same. Respectfully, " D. W. McRae. ^ 1G47.) No. 91.— NOTICE TO TERMINATE TENANCY AT WILL OR SUFFERANCE. Beaukegakd, Miss., Feb. 25th, 1876. J//\ William Hampton': 8iK — You will take this as notice that the rent due me for the Li Civil Cases. 43 house now occiiijie-l by you, in tliis town, amounting to lil'ty rloUars, for tlie months of September, October, November and December, of 1875, and tlie montlis of January and Fe'oruai-y, 1S7G, though often demanded, has not been i)aid, and unless paid by the 1st day of ]March proximo, 3-ou are iiereb^' required to deliver to me the i)os- session of said house and lot on that day. In default of which, I $!iall proceed as authorized by law in the premises. Kespectfully, Ciiaules A. IL\uuis. §1648.) No. 92.— LANDLORD OU AGENT'S AFFIDAVIT TO RE- MOVE TENANT AT WILL. State oi<^ Missisbirri, Copiah Countv. }- ss. Personally a[)i)eared before the undersigned Justice of the Peace for said county, Cliarles A. Harris, who makes oath that William Hampton is justly indebted to afliant in the sum of filty d(^llars, for the rent of a certain frame house in the town of Beauregard, in said county, described on the plat of said town as lot one in square two; that said house and lot was let to said Hampton on the 1st day of September, 1875, at the rate of eight dollars per month, and said tenant to occupy the same at the will and sufferance of alllaut; that the said tenant neglects rnd refuses to pay said rent, or any part thereof, although often requested so to do, and the necessary notice, according to law, having l»een given to terminate such tenanc}', that said tenant, without permission of affiant, still holds over and will not deliver to atliant possession of said premises. Wherefore, afliant prays that said Hampton may be summonetl to show cause why possession of said i)remises shall not be delivered to affiant. Ciiaki.es a. Hakkis. Sworn to and subscribed ihis 1st day of iMarch, 187(j. B. F. JoxEs, J. P. (seal.) Note. — If the cause of removal is oidy for refusal to pay rent, after three davs' notice, chuniz-e affidavit to suit. S 1646.] No. 93.— LANDLORD OR AGENT'S AFFIDAVIT TO REMOVE TENANT HOLDING OVER WITHOLT PERMISSION. State of Mississiri'i, CoriAii County, [^ss. Personally a[)peared before the undersigned Justice of the Peace ibr said county, I). ^V. McRae, who makes oath that Charles Cook, tenant, after tlie expiration of his term, and without the permission of this alliant, ovvner anil lessor, holds over and refuses to deliver possession of the following described premises, to-wit: .'t Irame ijouse in the town of Hazlehurst, known and designated in the survey of said town as lot six in square ten ; Cnat all of the rent due on said premises has been paid (or, that sd much rent is due); •Al Justice Forms wherefore affiant pra3's that saul Cook may be summoned to show cause why possession of said premises should not be delivered to this affiant. D. W. McRae. Sworn to and subscribed this 1st day of January, 1876. A, B. Lowe, J. P. [seal. J Note. — Tenant, if sufficient grounds exist, can file counter afiidavit, deny- ing tlie facts, and the Justice then causes an issue to be made up and tried. See Sees. 1G52, 1653 and on. § 1649.] Xo. 94— SUMMONS TO TENANT TO REMOVE OR SHOW CAUSE. State of Mississippi, To the sherilf or any constable of Copiah couut.y. Greeting :^^^ Whereas, by affidavit of D. W. McRae, this day filed before hs, we are informed that Charles Cook, tenant, now in possession of a certain frame house in the town of Hazlehurst, in said count}', known as lot six in square ten of the siirvey of said town, without permission of said McRae, landlord, holds over after the expiration of his term, and will not deliver to said McRae possession of the same; we, therefore, command 3'ou to require the said Cook, or the person in possession of the same, or claiming possession thereof, forthwith to remove from the same, or to be and appear before the undersigned Justice of the Pe^ce for said county, at his office therein, on the 5th day of Januar}', 1876, to show cause why possession of the said premises sliould not be delivered to said McRae. Herein fail not; and have then there this writ. Witness m}^ hand and seal, this first day of January, 187G, A. B. Lowe, J. P. (seal.) • ■. . Note. — If the tenant does not forthwith remove, or shows no suflicieut cause, upon summons being duly served, as in Sec. 1G50, the Justice issues his warrant of removal. ' § 1651.] No. 95.— WARRANT OF REMOVAL. State of Mississippi, To the sheriff or any constable of Copiah county. Greeting: You are hereby commanded Ibrthwith to remove Charles Cook and all other persons from the frame house and lot in the town of Hazlehurst. in said count}', known and designated in the'survey of said town as lot six in square ten, and to put D. W. ]McRae in full and complete possession thereof, and of the goods and chattels of Charles Cook you cause to be made the costs of this suit. Herein fail not; ajid make return of your proceedings in this behalf to the undersigned. Witness my hand and seal, this 5th day of January, 1876. A. B. Lowe, J. P. [seal.] In Civil Cases. ' 45 ril O C E E D 1 N G S IN 15 A S T A K D Y . NoTK. — Tliis is entirely an ex parte proceeding before the Justice, where it must commence. See Sec. 1802. The complaint should always be in writ- ing, signed by the w^man. In her subsequent examination, in the presencQ of the accused, she is not under oath. It is a matter for the careful consid- eration of the Justice, and he can bind the accused to answer, or discharge him. § 1802.] No. 96.— COMPLAINT. State of Mississippi, ) Before A. E. Lowe, Justice of the Peace Co[)iali County. j for said cpunt}-, Nov. 6th, 1876. Bella Rose, a single woman, complains of Smith Brown that here- tofore, to-wit: at the county aforesaid, on or about the day of , 1876, and at divers times since, the said Smith Brown had illicit intercourse with complainant, and that she \_is vow xoith child by said Broion, which said child, if horn alive, will be a bastard']; wherefore complainant prays that a warrant issue in this behalf for the arrest forthwith of said Smith Brown, and this complaint be examined into. Bella Eose. Note. — If the child be born and alive, and be under one year old, instead of the words in brackets, say " has been delivered of a child, a bastard, now livinsi:, whose father is said Smith Brown." No. 97.— WARRANT. State of Mississippi. To the slieritf or any constable of Copiah count}', Greeting: Whereas, Bella Rose, a single woman, having this day made com- l)laint before tlie undersigned, a Justice of the Peace for said count}-, that she is now with child by Smith Brown, which, if born alive, would be a bastard; we, therefore, command you to cause said Smith Brown to be brought before us, at our office in said county, forth- with, that examination may be had touching the charge against him. Herein fail not, and have you then tliere this writ. Witness my hand and seal, this day of , 1870. A. B. Lowe, J. P. [seal.] No. 98.— BOND TO ANSWER IN CIRCUIT COURT. State of INIississippi, Copiah County. } ss. Know all men by these presents, that we. Smith lirown and Emanuel Hardy, are held and firmly bound unto Bella Rose in the penal sum of live hundred dollars, for which i)ayment well and truly to be made, we bind ourselves and our legal rei)resentatives, jointly and severally, firmly by these i)resents, signed with our hands and sealed with our seals, this day of , 1876. The condition of this obligation is such that if the above bound Smith Brown shall be and personally appear before the Circuit Court of said county, at the next regular term thereof, to answer the 4:6 " Justice Forms complaint of Bella Rose, a single woman, on a charge filed before A. B. Lowe, Justice of the Peace for said county, that she is with child b}^ him, said Brown, which, if born alive, would be a bastard; and shall attend said court from day to day, and tei'm to term, until said complaint shall be heard and disposed of; then this obligation to be void, otherwise to remain in full force and effect. Smith Brown, [seal.] Emanuel Hakdy, [seal.] FENCES, PARTITION WALLS, AND TRESPASS BY STOCK. § loro.] ' No. 99— PETITION FOR ORDER TO VIEW FENCE. To the Hon. A. B. Lowe, Justice of the Peace for the count}' of Copiah, and State of Mississippi: Your petitioner, Stephen Ragland, vrould sho\Y that heretofore, to-wit: during the month of February, 1876, desiring to erect a fence on a line which divides his land from the land of Geo. Riley, in said county, running along the south boundary of the northwest quarter of the northwest quarter of section 27, in township 9 of range 8 east, one-quarter mile in length, the land of said Riley being used by him for depasturing cattle and hogs, while the laud of your petitioner was intended for garden and horticultural purposes; the said Riley was requested to contribute his proper share of the work and furnish the requisite materials for building said fence, which he refused to do, whereupon 3'our petitioner constructed the whole of said fence, of a proper and suitable kind, and according to law; wherefore he pra3's the appointment of proper persons to assess the amount which should be contributed by the said Riley, after viewing said fence, for the construction thereof, - 4, 1870. To throwinu- down rcnce on my land and enclos- ing same, in said county, on said day, witiiout my iH-rmis- sioD, arid to my injury S20 00 §1924.] No. 108. SUIT FOR SHOOTING OR DOGGING STOCK. Coi'iAH County, I\1iss., ) October iO. 187(5.)' Oct. 15, 1S7('). Simon Jones, To Henry Duncan, Dr. To shooting (or injuring by beating, cutting, or dogging) one white horse, found within his field, on said day iu said country, not being enclosed by a lawful fence, and cUmaging the same, twent3'-five dollars..... — , S50 00 Note. — The point to inquire into iu these auits is, what is a lawful fence? See §§ 1905, 190G, and 1907. OBSTRUCTION TO WATER COURSES. §1935.] No. 109.— COMPLAINT. To H. J. Harris, Esq., Justice of the Peace for Copiah County, State of Mississippi: The undersigned, a citizen of said county, complains of Samuel Stackhouse that heretofore, to-wit : In the month of October, 1875, he did, not being duly authorized so to do b}^ law as provided by the statute in that behalf, erect an embankment on land adjoining your complainant (and constructed a dam across a stream dividing the land of complainant from his own), whereb^^ the water not having free course, and being obstructed by said embankment {or dam), has been caused to overflow on the land of complainant, to the injury of said land [and the groiomy or 'planted crop thereon-.) Your complainant has informed said Stackhouse thereof, and re- quested the removal of said embankment {or opening said dam), but he failed and refused so to do, and still fails and refuses ; where- fore, your complainant prays that said Samuel Stackhouse may be summoned before you, and such proceedings had in the premises, as shall be according to law. March 9, 1876. "Willis Barnes. §1935.] No. 110.— SUMMONS. The State of Mississippi, To the slieriff or any constable of Copiah county. Greeting: We command vou to summon Samuel Stackhouse to be and appear 4 5() Justice Forms before the undersigned Justice of the Peace for said count\-, at his office therein, on tlie 12th day of March, 1876, to hear the complaint of Willis Barnes, filed before the said Justice, on the 9th day of March, 1S76, towching his refusal to remove a certain embankment (or o-pen a dam on a certain tvater coitrse), erected b}' him without autiio!-itv of law, nnd to the injury of said complainant, and to do what the law requires in the premises ; and have then ami there this wiit. Witness niv hand and seal, this 9th day of March, 1876. H. J. Harris, J. P. [seal.j §§1935,1936.] No. 111.— SUMMONS TO HOUSEHOLDERS. State of Mississippi, To the sheriff or any constable of Copiah county. Greeting: Whereas, Willis Barnes, on the 9th day of JNIarch, 1876, filed with the undersigned Justice of the Peaee for said count3% a complaint against Samuel Stackhouse, for the erection of a certain embank- ment (or, a darn across a certain stream), on lauds adjoining his own, in said county', Vt^ithout the authority of law, whereby the lands of complainant were injured bj' tlie overflow of the water ; and whereas, the said Stackhouse has heretofore been summoned in this behalf, and there was chosen, according to law, on the return of said sum- moiiis, by the said Justice and the parties hereto, three respectable, impartial houseliolders of the neighborhood of said parties, to- wit: A. F. Andre, W. C. Wilkerson, and John Thom[)son, who, after being duly sworn f'lithfully and impartially to discharge the duties required of them, shall examine the obstructions complained of, and shall, or a majority of them, report, in writing, to the said Justice, whether, in their opinion, such obstructions injure the land of said Barnes, or may prevent him from planting a crop thereon, or ■will injure the same when planted ; Therefore, we command you to summon said householders to be and appear before said Justice, at his office, in said county, forthwith, that they may be sworn as afore- said, and proceed to make the examination and report, as by law I'equired, and herein they shall fail not under penalt}' of twent\' dollars; and have^'ou before us, at an early day, this original. Witness my hand and seal this 12th day of March, 1876. H. J. Hakuis, J. P. [seal.] §193o.l No. 112.— REPORT OF HOUSEHOLDERS. State of Mississippi, ) Copiah Count}'. j To H. J. Harris, Esq,, Justice of the Peace for said county : The undersigned, heretofore cliosen, required and sworn to exam- ine and report upon certain obstructions complained of by Willis Barnes, as having been erected by Samuel Stackhouse, on lands ad- IiL Civil Cases. •'>! joining- tlie lands of said Barnes, in said county, would rcspectTully report that tiiey did, on the 13th day of March, 1876, proceed to the land of said Barnes, and make a full examination of said obstruc- tions, and in our opinion acres ot the land of said Barnes is materially injured th(M'e!)y, so mudi so as to prevent him planting a crop thereon, the lantl being open tillable land, anil suital)le for crops of any character, if not overflowed, and that said ol)struclion caused the overflow thereof; the said fStackhouse being notified of our opin- ion herein. All of which is respectful]}' submitted, this 14th day of March, 1876. A. F. Andue, W. C. WiLKEKSON, John Thompson. §1935.] No. 113.— PRECP:PT TO SHERIFF OR CONSTABLE. The State oi<' IMississiiti, To the sheriff or any constable of Copiah county, Greeting: Whereas, A. F. Andre, W. C. Wilkerson, and John Thompson, householders of said county, heretofore chosen and sworn to exam- ine into and report to the undersigned Justice of the Peace for said county, concerning certain obstructions complained of before us, by Willis Barnes, as having been, without warrant of law, erected on lands adjoining lands of said Barnes, by Samuel Stackhouse, whereb}' injury results to the lands of said Barnes, have filed with us the report of their examination, which sustains the complaint of said Barnes; and whereas, the said Stackhouse being notilied of the opinion and report of said householders, and having failed immedi ately to remove said obstructions; We, therefore, command you, forthwith, to cause such obstruction to be removed, so as to afford free passage for the water; and herein fail not, and make return of this writ, with your proceedings indorsed thereon, to the undersigned. Witness mv hand and seal, this 15th da}^ of March, 1S76. H. J. Harris, J. P. [seal.] A R B I T P. A T I O N AND AWARD. Note. — This is a chapter of our laws which should be more freely used b}"^ litigants ; it would save to them money and time, and lessen the business of courts. Hundreds of minor matters, vigoi'ously prosecuted in the courts, assume before the end, in costs alone, huge proportions, while submitted to friends and neighbors, as arbitrators, in the commencement, could be set- tled at once, with insignilicant outlay. All the parties have to do in a pend- ing suit in any court^ is to consent to submit the matter to two or more arbitrators, and so declare in open court, \vhcn a rule for such submission must be entered on the minutes or docket. ^1%Q>2 to 1965.] No. 114.— RULE FOR SUBMISSION. (To be entered on the Docket.) This day appeared in open court the parties to this suit, and the ■ourt being informed that said parties have consented to have all. 52 Justice Forms matters in controversy in such suit referred, for decision, to A. B.,, C. D. and E. F., or any two of them, selected by them' as arbitrators, a rule of court is therefore hereby entered for such submission to the arbitrators selected pursuant to the application of the parties; the papers filed in the case being given to said arbitrators, and fur- ther proceedings herein being suspended. Entered this day of , 1876. Horace Millsaps, J. P. §1965.] No. 115.— AWAED. (To be entered of record as the judgment of the court.) The arbitrators, A. B., CD. and E. F., to -whom was submitted the matters in controversy between O. F. and G. H., parties to this suit, bv their selection and consent, having taken tlie statement of the parties and of all witnesses adduced, make and return into court this award, to wit: The said G. II., defendant, to 'pay to O. F., plaintiff, the sum of forty dollars, in full satisfaction of his claim (or damages, &c.,) and one-half the costs accrued to be taxed, and the said plaintiff to pay the other half of the costs. The arbitra- tors making no charge for services. iMade and returned this , day of , 1876. . A. B., C. D., Arbitrators. Approved: Horace Millsaps, J. P. j^oTE. — When matters of controversy are pending between parties, before suit brought, they can also be submitted to arbitrators ; and should always be so submitted, if the parties can be brought to consent, They will make money by the operation. The following forms will answer ; § 1967.] No. 116.— AGREEMENT TO SUBMIT. This agreement entered into this day of , 1876, b}' and between A. B. and C. D., citizens of the county of Copiah and State of Mississippi, between whom pecuniary differences (or legal con- troversies) exist, witnesseth: that said parties, not desiring to resort to the courts for a settlement of said differences, but desirous of terminating the same without litigation, hereby stipulate that the matters in dispute between them shall be submitted to the decision and award of E. F. and G. H., neighbors and citizens of said county, arbitrators, mutually selected and chosen by them, granting hereby to said arbitrators the power, if it shall in their judgment become necessary, to choose another impartial and disinterested perse-n to act withthem; That the award of said arbitrators, when made in writino- and signed by them, and attached to this agreement, shall finally°decide said differences, and shall be submitted to Horace Millsaps, a Justice of the Peace for District No. 3 of said county (or to the Circuit Court of said county, if the award toill jjrobably be more than $1^0), to be entered as a rule of his said court, and then to have the effect of -a judgment and be enforced as other n'^ In Civil Cases. ->^ judo-ments of said court; and that the parties hereto bind them- sei\n}s, each to the other, firmly by these presents, iu the penalty of one hundred doUars, to abide by and perform the award, when made, pursuant to the terms hereof, by said arbitratoi-s. The matters in dispute to be submitted, are a;4reed to be sul)stan- tially these; and that evidence, in any way relating thereto, can be fuUv heard by said arbitrators: A. B. claims the sum ot one hun- dred and twenty-live dollars as due hiin by C. D., for the sal_e and delivery to him"' of a certain bay mare, in the spring of 1875, and that as'evidcnce he holds the promissory note of C. D. for that sum; C. D. does not deny the execution of the note or the purchase, but claims, as set-off, that A. R. sold him the mare as sound in all respects, as only eight years old, and good in harness, when she was fully ten years old, unsound, and only fit for the plow, etc., etc. (or any matter of difference whatever set forth distinctly. ) In witness of which, the parties hereto have hereunto set their hands, the day' and year lirst above written, in the presence of wit- nesses. y. T., wituess. ' -^- 1^- C. D. §1968. No. 117.— AWARD. (To be attached to agreement, and delivered to party entitled to it.) This day of , 1876, personally came and appeared before the undersigned arbitrators, A. B. and C. D., at the residence of L. M., in Copiah county, and submitted to us the matters of difference between them, pursuant to the agreement hereto attached; and the parties being heard in their own behalf, and all the evidence adduced on both sides, duly considered, the arbitrators do make this award, as a full settlement between the parties, and attach the same to the agreement, as aforesaid, to wit: We find the said mare to have been ten years old at the day of sale, and further find her, by abundant testi^nony, to have then been, and still is both balky and unreliable in harness, and that, in our opinion, was not worth moie than eighty dollars on the day sold ; therefore, our decision is, that the said C. D. pay to the said A. B. the sura of eighty dollars, with interest at ten per cent, from the date of the maturity of the note given, and the same, when paid, shall be in full satisfactitn thereof, and the said note shall then be returned to said C. D. Made and awarded, this dav of , 1876. E. F. Witness: ^^- ^• <;_ X. v Arbitrators. ,^ 1968.1 No. 117.— AFFIDAVIT OF WITNESS TO AGREEMENT AND AWARD. State of Mississirri, ) Copiah County. j ' ' Personalh' appeared before the undersigned Justice of the 54 Justice Forms Peace for said coaiit\'. S. T., who being by me duly sworn,, deposes and says, that he was present and saw A. B. and C. D. sign an agreement to submit all matters of controversy between them to E. F. and G. H., and that he signed the same as witness, on the day of , 1876 ; that he was also present and saw the said E. F. and G. H. sign, publish, and declare their final award and arbitra- tion, in writing, between the said parlies, bearing date the day of , 1876, and that this deporent set his name as a subscribing witness to the said award, at the time of its execution and publica- tion aforesaid: and that the papers now submitted to him are the ao-reement and written award aforesaid. S. T. Sworn to and subscribed, this day of , 1876. Horace Millsaps, J. P. [seal.] Note. — If the party against whom the award is made fails or refuses to pay, the party having' the agreement and award files the same in the court mentioned, and after proof "of the execution of the agreement and award, will enter up judgment. § 1968. No. 119.— JUDGMENT ON AWAED. A. B. ") On agreement of parties and award vs. V of arbitrators. CD. ) Filed the day of ,1876. On reading and examining the articles of agreement made and entered into "between said A. B. and C. D., on the day of 1876, in pursuance of the statute in that behalf, wherein E. F. and G. H. were selected and chosen by the parties as arbitrators, to set- tle all matters of difference between them, and upon due considera- tion of the award and decision of said arbitrators, attached to said agreement, and the court being satisfied, by affidavit of S. T. filed with said award, and full proof of the execution of 'said agreement and written award, have caused the same to be filed, and hereby consider, adjudge and order that the said A. B. do have and recover of and from the said C. D. the sum of eighty dollars, with interste from maturity of the note of said C. D., at ten per cent, per annum, hereby declaring sai'd award shall be final, and that both parties are finally concluded by the same, and the judgment herein. For said sum of eighty dollars, interest and costs, execution may issue. Ordered this day of , 1876. Horace Millsaps, J. P. EXEMPT PROPER T Y. Note. — The officer levying an execution or attachment, where there are- doubts as to the liability of the property seized, or about to be seized, or a statement made that the property is exempt, should rdways demand of plain- tiff bond of indemuitv. Li Civil Cases. '>^> §2132.] No. 120.— IJOND OF INDEMNITY. (Same as No. 33.) §2134.J No. 121.— DEFENDANT'S REPLEVY BOND. State OF Mississippi, Copiah County, ^ss. Know all men by these presents, that we, James Case and William Cole are held and lirmly bound unto John Ford in the sum of two hundred dollars, for which i)ayment well and truly to be made, we bind ourselves and legal representatives, jointly and severally, firmly by these presents, sipicd with our hands and sealed with our seals, tins day ol , 187(). Tlie eondition of this ol)ligaiiou is such that, whereas, an execu- tion issued by Horace Milfsaps, a Justice of the Peace for said county, on the day of .., , 1876, in favor of John Ford and against the above bound James Case, for eighty dollars, by virtue of a judgment heretofore obtained before said Justice against said Case^ for' the said sum, with interest and costs, was, by J. P. Mat- thews, sheriff of said county, levied upon a certain yoke of oxen and Vvagon, valued at one hundred dollars, as the property of said Case; and whereas, the said Case claims said property as exempt under the laws in that behalf, and desires to replevy the same that an issue shall be made up, at the return term of said execution, by the court, and^aid claim tried, and upon the execution and approval of these presents, the said i)roperty is restored to said Case; Now, therefore, if tlie said Case shall have said property forthcoming to abide the event of an issue to be made up and tried as aforesaid, then this obligation tu be void, otherwise to remain in full force and effect. " Jamks Case, William Cole. Approved: J. P. Mathews, Sheriff. Note.— If land of debtor exceeds 80 acres, or $2,000 in value, and no other property found, it is the duty of the otRcer holding the execution or attachment, to levy on all the land, and proceed as directed in Sees. 2130 and 2137. This applies as well to towns and cities, as to the country. § 2136.] No. 122— OATH OF FREEHOLDERS. You, and each of you, do solemnly swear, tjiat you will well and truly perform the duties enjoined upon you, in regard to the matters submitted to your consideration, according to Article IV of an Act entitled '-An Act in relation to exempt property," of the Revised Code of ^Mississippi. §2136.] No. 123.— ATTACH 31 ENT BY FREEHOLDERS. Thomas Pollock, ) Before Horace Millsaps, Justice of the vs. [- Peace for the County of Copiah, State of RouEKT BuiE. ) Mississippi. The undersigned freeholders of said county, heretofore selected 56 Justice Forms and sworn nc-cording to law, to set off to said defendant a portion of his land in said county, embracing his dwelling-house and out- houses, not to exceed eighty acres in quantity, nor two tliousand dollars in value, did, an "the" day of , 1876, proceed to said land and make due allotment thereof, as follows, to-wit: The quantity of land owned and occupied by said defendant, as a homestead, we find to be only eighty acres, to-wit: The east half of the southwest quarter of section ten, in township nine of ranga two west, but we assess the value of the same, including improvements, at two thous- and five hundred dollars, cash value, and hereby allot and set ofif to said defendant the southeast quarter of the southwest quarter, and ten acres across the southern portion of the northeast quai-ttr of the southwest quarter, the said allotment embracing the dwelling- house and out-houses of said defendant. Made and allotted, this day of , 1876, and delivered to the Sheriff of said county; {or, ij the land exceeds eightij acres-, allot eighty acres, if it does not exceed $2000 in value; or, if only eighty acres, and not loorth, in cash, over $'2000, allot the homestead.) A. h., C. D., E F., Freeholders. ^Z^i^^^^<- ^*^ " § 2138.] .\u. 121.-.4: FTAQ ' IIME -^ T T CONTESTED— PLAIN- TIFF'S AFFIDAVIT. State of Mississippi,^ Copiah County. ( ' Personally appeared before the undersigned, Justice of the Peace for said county, Thomas Pollock, who being by me first duly sworn, on ojtth says, that J. P. Matthews, Sheriff of said county, by virtue of an execution in his hands, duly issued by Horace Millsaps, a Justice of the Peace for said county, in favor of affiant and against Roliert Buie, on a judgment of said Justice, for the sum of one hundred and fifty dollars, interest and cost, was levied by said Sheriff on cenain lands of said Buie, which was claimed as exempt as a homestead, under the laws in that behalf, and that in pursuance of the statute made and provided, A. B., C. D , and E. F. were duly selected, a? freeholders of said county, to setoff to said defend- ant a portion of said land, embracing the dwelling-house and out- houses, and not exceeding eighty acres of land, nor two thousand dollars in value , that said freeholders did, on the day of ., 1876, make said allotment, giving to said defendant all of said land, l>eing eights' acres, and assessing the same as not exceeding in value $2,500 ; '^that this affiant, plaintHf as aforesaid, verily believes the allotment made by said freeholders, is not correct {and that the I'.tnd so alloted by them, or some part of it, is liable to sale under his said execution ;) wherefore affiant prays a summons may issue for /// Civil Cases. •"^'^ said defendant, to appear and answer this aflidavit, and tliereupon an issue l)e made up in the pixMiiises, and tried. Thomas Pollock. Sworn to am-l sultscrilx'd, this day of , 1876. IIOKAC'l-; MiLLSAPS, J. P. [SEAL.] §2139.] No. 12:).— ALLOTMENT C0NTKSTK1)-DP:FEND- ANT'S AFFIDAVIT. [ This affidavit is like phiintiff's, chansins it to suit, in names, and for that part in brackets, stating distinctly wherein he believes it is not correct.] §2142.] No. 126.— SPECIAL JUDGMENT AGAINST PROPERTY FOR PURCHASE MONEY. This day come the parties in person and by their attorneys, and the witnesses and all the evidence in the cause heard, and the papers and proofs submitted and examined, the court assesses the damages of plaintiff at $ It is therefoic considered and adjudged by the court that tlie said plaintiff do have and recover of and from said defendant the sum of dollars, the amount sued for, and costs of suit, to be levied of his goods and chattels", lands and tene- ments, for which execution may issue. And the court further con- siders and adjudges that the certaia brown mare mule, now in pos- session of said defendant, for wdiich the said nolo, {or account) in this action sued on was given, is, by tliis judgment, especially and expressly condemned to tiie satisfaction of the amount due on said note, for which special execution may issue. NoTK. — The execution also must describe the property purchased, as in the judgment. This whole matter of having only what the law gives, and claiming property as exempt, is most grossly and criminally abused. A closer examination, by diligent and honest officers, would not only assist, in the end, in advancing the morals of the people, but make men more cautious in going into debt, and more prompt in paying what they owe. PRO .^I I S S O R Y NOTES, E N D O R S E R S A N D PROTESTS. §2228.] No. 127.— NOTE ASSIGNED BY ENDORSEMENT. $13.3 00 Jackson, ^Iiss., January 1st, 1875. On or before the 1st day of January, 1876, I promise to pay to H. S. Carter (or, or order), the sum of one hundred and thirty- 5S Justice Forms tive dollars, value received of him, with interest at the rate of ten> per ct. per annum from date. S. H, Haut. (Endorsed on the back:) ' Assigned to G. H. Smith, for value received, this 15th day of" October, 1875. H. S. Carter. \ §2228. No. 12S.— NOTICE OF ASSIGNMENT. Jackson, ]Miss., Oct. 15t,h, 1875^ S. H. Hart, Esq. : Deak Sir — You will take notice that H. S. Carter has this day assigned to nie, for value received, 3'our note to him of date Jan.. 1st, 1875, for one hundred and thirty-five dollars. G. H. Smith. No. 129.— GENERAL ASSIGNMENT, WITH POWER OF ATTORNEY. (Recorded, it becomes general notice.) Know all men by these presents, that I, John II. Wilkes, late merchant in the town of Beauregard, Copiah counts' and State of Mississippi, for value received, have sold, and by these presents do sell, assign and deliver unto Few Ball, all my books ot accounts, and each and every account therein entered, now due and owing to me (or, a judgment, or the full description of anything assigned), to have and to hold the same unto said Few Ball, his heirs, assigns and legal representatives Ibicver, to and for their only nse and behoof, hereby constituting and appointkig said Few Ball my true and lawful attor- ney in m}' name, place and stead, for the purposes aforesaid, to ■ demand, sue for, attach and recover all such sums whiclr are now- due me, as well as all such as mav hereafter become due and i)aya- ble, for or on account of all or any of the book accounts, dues,, debts and demands above assigned, hereby giving unto said assignee- and attorney full power to do and perform all lawful things in the premises, as fully as I might or could do if personally present, with full power of substitution and revocation, hereby confirming all said, assignee and attorne}-, or his substitute, shall lawfully do or cause- to be done in the premises by virtue hereof. In witness of wliich, I have hereunto sot my iiand and seal thi.s- day of , 1875. John H. Wilkes, [seal.] No. 130.— ASSIGNMENT OF A BOND. ( To be endorsed on the Bond.) Know all men by these presents, That I. John Smith, jn ^1,^,. within oliligation named, for and in consideration of the Ill Civil Cases. 59 scA'cnty-five tlolhiis, luilo inc tliis day paid, hv William Junes, the receipt of which 1 hei-eby iickiiowlcdgo, liavc assigned, transfei-rcd, and set over, unto the said Jones, his heirs, assigns, and legal repre- sentatives, to and for his and their only use and behoof, the within obligation, which is given and executed by Thomas Watkins and Samuel Nolins, to said Smith, bearing date the day of , 1876, to secure the payment of ninety dollars, with lawful interest, as therein fully expressed ; together with all rights, remedies, inci- dents, and appurtenances, whatsoever, thereunto belonging, or in any Avise appertaining, and all ray right, title, and interest therein, in witness of which I have h'^rennto set ray hand and seal, this day of , 187(). John Smitji, [seal.] No. 133.— DOIVIESTIC BILL OF P:XCHANGP: OR DRAFT. * $125 00. Beaiikkgakd, Miss., Oct. 10, 1874. At sight [or, 30, GO, 90 dn,is after siss. Personally appeared before the vindersi,o;ncd Justice of the Teace for said county, Albert Ferguson, named in the foregoing list, and made oath that he personally (or, by ivrilten note left) notified and warned each and every one named in said list, on the 10th day of March, 1876, designating the tools named for each to bring with him, and the place of meeting. Albert Fekgusox. Sworn to and subscribed this Klh day of ^larch, 1876. E. F. MuLLiNs, J. p. 552355.] No. 135.— OVP: USEE R\S DELINQUENT LIST. To E. F. Mullins, Esq., Justice of the Peace for the couuty of Copiah and State of Mississip[)i : The undersigned, road overseer, duly appointed and commissioned by the Board of Supervisors for said county, for that part of the Rockport road commencing at the corporation line of the town of Beauregard, on the east, and continuing five miles, would respect- fully report that on the 10th day of Warch, 1876, he caused the hands allotted to said road to be summoned to work said road, and to meet for that purpose at the corporation line of said town, on the 14th day of March, 1876, a list of those summoned, sworn to by the party making the summons, hereto attached; that on said day . and for the two succeeding days, there failed to appear and perform the service required, or to furnish a substitute, or to pay the com- mutation money, the following persons: John xMorgan, with horse and plow, Elbert Dunbar, Thomas Hamilton. And the foregoing list contains the names of all delinquents. Jonx Craw^ford, Overseer. Sworn to and subscribed this 17th day of March, 1876. E. F. Mullins, J. P. § 2356.] No. 136.— WARRANT FOR ARREST OF DELIN- QUENT HANDS. TuE State op Mississippi, To the sheriff or any constable of Copiah county, Greeting: We command you. That you take, fortliwith, the bodies of John Morgan, Elbert" Dunbar, and Thomas Hamilton, if to be found in your county, and them safely keep, so that you have them before the undersigned Justice of the Peace for said county, at his otlice therein, on the r8th day of March, 1876, to answer the State of Mississippi on a charge of failing to work on the public roads of said county, after due and formal notice given of tlic time and place, by the over- 62 Justice Forms seer thereto authorized, contrary to tlie form of the statute in such case made and provided ; and have then there this writ. Witness my hand and seal this 17th day of March, 1876. E. F. MuLLiNS, J. P. [seal.] XoTE. — Tlie delinquent can either pay tlie fine, upon proof of failure, go to jail one month, or give bond to immediately report to the overseer, and do his portion of work. § 235G.J No. 137.— BOND TO PERFORM LABOR. Statk of Mississippi, ) ^ SS Copiah County. j Know ail men by these presents, That we, John Moi-gan and Wiley J. Tillman, are held and firmly bound unto John Crawford, overseer of part of the Rockport public road, in said count}^ and to his suc- cessors, in the penal sum of one hundred dollars, for which pa^^- raent well and truly to be made, we bind ourselves and our legal representatives, jointly and severally, firmly, by these presents ; signed with our names, and sealed with our seals, this ISth day of M^arch, 1876. The condition of this obligation is such. That whereas the above bound John Margan having been this day arrested as a delinquent hand on the road aforesaid, by E. F. Mullins, Justice of the Peace for said count}^ and lined in the suni of six dollars, for three daj's' delinquency ; and whereas, the said delinquent being discharged from custody by said Justice, upon the execution and approval of these presents ; Now, if the said John ^Morgan shall immediately report himself to the overseer of said road, or his successor, and perform, under his direction, labor on said road, for the period for which he is delinquent, at such times as said overseer, or his suc- cessor, may appoint, and pa}- the costs of the proceedings against him, this obligation shall be void, otherwise to remain in full force and effect. John Morgan, [seal.] Approved: Wiley J. Tillmax, [seal.] E. F. Mullins, J. P. Note. — It is the duty of the Justice, and he should in no wise omit it, to render judgment on the foregoing bond, against the obligors therein, within thirty days, unless he has been satisfied, by full proof, that the condition has been faithfully performed. CUTTING TIMBER AND OTHER TRESPASSES. § 2473.] No. 138.— ACCOUNT FOR SUIT IX CUTTING TIMBER. Copiah County, Miss., May 8, 1876. D. C. Wright, To A. P. Barry, Dr. April 6, 1876, To cutting down {or, ciitiing doicn and taking away, or deadninrj) ten pine trees, on my land, in Copiah county, at So, (o'/■^$10, or 815), for each tree !F50 00 In Civil Cases. 63 < 2478.] No. l^'J. -ACCOUNT FOR SUIT FOR TAKING BOAT. Copiah County, Miss., July 20, 1870. Jolm Ilennington, To C. A. Ray, Di-. Jul^' 4, 1S7G. To taking' lavay [or, lousinri) from iny laiuliiii;- on Pearl river, in said county, my yawl (^or sk/ff, or flat,) without my leave §20 00 To cx[)cnse.s i)ai(l Will. Jenkins in securing and returning yawl, 3 00 $23 00 .s< 2481.J No. 140.— RAFTSMENS' AFFIDAVIT. ( To be recorded by Chancery Clerk in "Rafting Record.) State of Mississippi, Claiborne County }■ ss. Personally appeared before the undersigned Justice of the Peace for said county, Robert Nally, raftsman, who being by me dul}' sworn, on oath says, that he is abont to engage in cutting and raft- ing, for sale [or, for transportation,) certain cypress and ash timber, on sections seventeen and nineteen, in township thirteen, of range eleven east, in said county, and that the authority by which he acts is, the Avritten permission of John B. Thrasher, who claims said sections as his property. Robert Nally. Sworn to and subscribed, this 10th day of January, 1876. Alec. Hutchinson, J. P. JUSTICE AS C () RONE R. ;^ 245.] No. 141.— SUMMONS FOR JURY. State of Mississippi, Copiah County. )■ s?. To the sheriff or an^- constable of said count}-: You are required, immediately upon sight hereof, to summon six good and lawful men of said county, to appear before me, Peter Trawick, a Justice of the Peace of said county, at the residence of William Norman, in said county, on the 7th day of June, 1876, at the hour of 4 o'clock in the afternoon of said daj^ then and there to enquire of, do, and execute all such things as, on behalf of the State, shall be lawfully given them in charge, touching the death of A. B. (or, a certain 2Jerson unknown); and be you then and there, to certify what you shall have done in the premises, and further to do and execute what, in l)ehalf of the State, may then and there be enjoined on 3'ou. Given under my hand and seal, at Rockport, in said county, the 7th da}' of June, 1876. Peter Tuawick, J. P. [seal.] (34 Justice Forms g 248. No. 142.— OATH OF JUEORS. You and'each of 3'ou do solemnly s^'ear that you will diligently inquire, and true presentment make, ou behalf of the State of Mis- sissippi, how or in what manner X. B. {or, the person unJcnovm), here lying dead, came to his death, and of such other matters relating to the same, as shall be lawfully required of you, according to the evi- dence. So help you God ! § 247.] No. 143.— OATH OF WITNESSES. You do solemnly swesr that the evi.lence you shall give to this inquest, on behalf of the State, touching the death of A. B., shall be the truth, the whole truth, and nothing but the truth. Note. — After the jurors are sworn, the Justice must give them a charge, as contained in section 250. bv reading the same to tliem. §250.] No. 144.— VERDICT OF JURY. We, the jtuy, sitting as an inquest, upon the body of A. B., do find that the said A. B. came to his death by the act of God, in that he died by disease of the heart (or, in a Jit of apoplexy.) (Signed by the Jurors.) Or— We, the jury, sitting as an inquest, upon the bod^^ of A. B., do find that the said A. B. came to his death on the morning of the 7th day of June, 1876, by reason of a gun shot wound in the body of said A. B., made and fired therein by C. D., with a double-barrel shot gun, in the hands of C. D., on the 6th day of June, 1876, in the county of Copiah - the same being done in a difficulty between the said A. B. and C. D., on the public river road ; we further find that E. F. and G. H. were near by at the time of the shooting, and that J. K, and L. M. were present immediatel^'^ before and at the death of said A. B. ; and we further find the said C. D. guilty of manslaughter {or, murder, or, that said C. D. acted alone in self- defense, and that the hornocide was justif able.) (Signed by Jury. Note. — In case the verdict of the jury should find any one guilty of tlie death, as principal or accessory, by murder or manslaughter, and not in necessary self-defense, the Justice should at once put the evidence in writing, bind the witnesses to appear before him, or the next Circuit Court, and issue . a Avarrant for the arrest of the parties causing the death, if not already in custody. AGRICULTURAL LIEN LAW, AND FRAUD- U L 1^: N T REMOVAL OF INI O R T G A G E D PROPER T Y . Acts 1876, page 110.] Xo. 145.— AFFIDAVIT FOR WAGES BY CROP LABORER. State of Mississippi, Copiah County )- ss. Personally appeared before the undersigned Justice of the Peace In Civil Cases. 65 for said county, ironry "Whitfiold, who states on, oath that Allen Case is justly indebted to him in the sum of sixty dollars, which he refuses to pay, lor wages due and unpaid, for work and labor done on the farm of said Case, in said county, whereon said Case resides, in building fences, ploughing land, planting and working a crop of corn, cotton, potatoes and peas, for liv3 montlis, from the lirst day of March to the lirst day of August, 1876, at the rate of twelve dollars per month, for and under contract with said Case ; that Sam- uel Mouse and liis wife, Margaret, and Willis Calhoun Avorked on said farm with affiant during the said year, in cultivating and gath- ering said crops, and still reside and work thereon, and claim, as your affiant is informed, an interest in said crops- that said Case has gathered, ginned and baled, and has ready for market, two bales of cotton of said crop, on said farm; Or, has, at Mathews' gin house, a lot of cotton of said crop; Or, has delivered to Dover & Morris, merchants in the town of Beauregard, said county, one, or two, or three bales of cotton of said crop, sold to them or for shipment; Or, has in crib so iruch corn and peas of said crop; or^ pumped so many bushels ot potatoes of said crop; Wherefore, your afti^^nt prays the writ of seizure and summons, as by law directed, that said agricultural products may be subjected to his lien thereon, and that justice may be done in the premises. Henry Whitfielu. vSworn to and subscribed this 10th day of October, 1S76. B. F. JoNKS, J. P. [seal.] Acts 1876, p. 110. No. 146— AFFIDAVIT FOR SHARE OF CROP BY LABORER. State of Mississippi, Copiah County. J»ss. Personally appeared before the undersigned Justice of the Peace for said county, Lawson Anderson, who states on oath, that on the 15th day of January, 1876, affiant made, with G. W. Mathews, of said count}', a verbal contract {oi% ivritten contract, a cox>y of xohich is hereto attached), for the year 1876, to work thirt}' acres of land of the farm of said Mathews in said county, on which said Math- ews now resides (or, situated, iicc), the same to be planted in corn and cotton, in equal parts or thereabouts; that said Mathews agreed to furnish affiant house room, team and suitable implenients and seed, for pre[jaring the land, cultivating and gathering said crops, as also to feed such team; while affiant, on his part, was to furnish the labor necessary to prepare, cultivate, gather and make the same ready for market, and each party was to have an equal share ot all said crops, so raised and gathered; that on said land affiant raised and put into the cribs of said Mathews two hundred and fifty bush- els of ftorn, and has picked and put into cotton houses {or, f/ui house) oa said farm, cotton sufficient to make eight bales; that said Mathews has hauled off and sold five bales of cotton raised bv affi- 66 Justice Forms ant, and proposes, in the division of said crop, to give afliant onlj^ one bale of cotton and fifty bushels of corn, and refuses otherwise to settle Avith afliant, owing to some pretended setoff against ailiant;. that all of said corn now remains on said farm, as also as much cotton in the seed aswill make three bales; wherefore, afliant pra3's the writ of seizure and summons, as by law directed, that said agri- cultural products be subjected to his lien thereon, and that an equi- table division of the same be ordered. Lawson Anderson. Sworn to and subscribed this 20th day of November, 1876. Horace Millsaps, J. P. [seal.] Acts 1876, page 111. J No. 147.— WRIT OF SEIZURE AND SUMMONS FOR WAGES. ON CROP. State of Mississippi, To the Sheriff or any Constable of Copiah County: Whereas, Henry Whitfield has this day filed before the undersigned Justice of the Peace for said county, an affidavit claiming the sum of sixty dollars as wages due and unpaid for work and labor done on the farm of Allen Case, in said county, for five months, from the 1st day of March to the 1st day of August, 1876, at the rate of twelve dollars per month, in building fences, ploughing land, and planting and working a crop of corn, cotton, potatoes and peas, on said farm, and for said Case; and that Samuel House and Margaret, his wife, and Willis Calhoun worked with afliant during said 3'ear,. on said farm, and believed to be interested in said crops; and, whereas, said Case refuses to pay said afliant the said sum for said wages, and has read}' for market, on said farm, two bales of cotton, and has in cribs, on said farm, two hundred bushels of corn, of said crops; Therefore, we command you to seize such agricultural pro- ducts, or so much thereof as shall be suflicient to pay the complain- ant's demand, and all costs, and to safely hold the same, so as to- have it subject to the further order of said Justice, and that you summon the said Case, or other persons in possession of said pro- ducts, and the said Samuel House and his wife, Margaret, and Willis Calhoun, if to be found in 3'our county, as defendants hereto, to be and appear before said Justice, on the 15th day of October, 1876, and show cause, if any they have or can, why such products, or so much thereof as shall be sufficient for that pur[>ose, shall not be sold to satisfy the claim aforesaid, and all costs. Herein fail not, and have you then there this writ, with your proceedings thereon endorsed. Witness my hand and seal this lOtli October, 1876. E. F. MuLLiNS, J. P. [seal.] Acts 1876, page 111. No. 148.— WRIT OF SP:iZURE AND SUMMONS— SHARE OF CROP. The State op Mississippi, To the Sheriff or any Constable of Copiah count}': Whereas, Lawson Anderson has this day filed before the under- In Civil Cases. ^^7 signed Justifo of the Foaco for said couiily, an aflidavit claiiuiiii? four bales of cotton and one hundred and twenty-live bushels of corn, as his share of a certain crop of cotton and corn, raised and jjatlicred by affiant on the farm o( G. W. Mathews, in said county, during the year 1870, under and by virtue of a contract with said Mathews; and whereas, we are informed by said aflidavit that said ]\[atiiews is removing and disposing of stud cotton, or some part thereof, and refuses to deliver to alHant his share of the same, or of saul corn, and that there remains on said farm two hundred and fifty bushels of corn and seed cotton sufficient to make three bales of cotton; Therefore, we command you to seize the said agricultural product?, or so much thereof as shall be sufficient to satisfy com- plainant's demand, and ail costs, and to safely hold tlie same, so as to have it subject to the further order of said Justice, and to sum- mon the said Mathews, or the persons iu possession of said products {and the i^erson occupying said land and premises, if Mathews does 'not), to be and appear before the said Justice, on the 25th day of November, 1876, and show cause, if any ihey have or can, why such share, or proportionate share, of the said crops as he may be adjudged entitled to shall not be divided, set apart, and delivered to said complainant. Herein fail not, and have you then there this- writ, with your proceedings thereon endorsed. Witness^my hand and seal this 25th day of November, 1876, Horace Millsaps, J. F. [seal.] Note. — Upon seizure, the parties may, by mutual consent, settle and com- promisie all controversy, by paying costs, the same to be endorsed by the officer, on the writ. This can be done in most every instance, and should always be, if tlie parties can at all agree. The last affidavit and writ for share applies also to the remedy by the landlord, as the first applies for sup- plies furnished laborer, and can be altered to suit his complaint. If the judgment of the Justice be for complainant, he issues, at once, his writ of possession, for the share determined in the judgment. In case of wages, execution issues and sufficient property sold to pay judgment and costs. Acts 1876, page 112.] No. 149.— WRIT OF POSSESSION. The State of Mississippi, To the sheriff or any constable of Copiah county: Whereas, on the 25th day of November, 1876, a judgment was rendered by the undersigned Justice of the Peace for said county, for two bales of cotton and eighty bushels of corn, in favor of Law- son Anderson, as his share of a certain crop raised and gathered by him, during said year, on the farm of, and under contract with, G. W. :Mathews, in said county; Now, therefore, these are to command you, without delay, to immediately proceed to divide, set apart, and "deliver to the said Lawson Anderson, the said two bales of cotton and eighty bushels of corn, as his proportionate share of said crop, 68 • Justice Forms nnd to redeliver to said Matliews whatever other agricultural pro- duets that ma}' have been seized in the premises, upon his payment of all costs in this behalf ; and make return to the said Justice, of this writ, at an early day, with your proceedings thereon indorsed. Witness my hand and seal, this 25th day of November, 1876. Horace Mills a rs, J. F. (seal.) Note. — Any agricultural products, for which wages are due, or for share thereof, under one law, can be seized in the hands of any one, if found. A merchant who buys, should be satisfied that the products are not subject to the lein of wages or share. When the landlord does not reside on the land, or rents land for share, or furnishes supplies to laborers, these writs are his protection against removal before division. One thing should be particu- larly noted by the officer, that on judgment for labor, not on crops, nothing is exempt from seizure. The remedies for removal of crops under deed of trust, or mortgage, or lien of law, is justly severe, and should be rigidly enforced. The loUowing forms will answer : Acts 1876, page 114.] No. 150.— AFFIDAVIT ON REMOVAL OF PROPERTY— LIEN OF WAGES. State of Mississippi, Copiah County, ^-ss. Personally appeared before the undersigned Justice of the Peace for said county, James Johnson, who states, on oath, that Richard Chrismas, of said county, being justly indebted to affiant in the sum of fort}' dollars, for wages due and unpaid, for work and labor done on the farm of Calvit Roberts, near Hazlehurst, in said county, under rent to said Chrismas, in plowing, planting, and gathering thereon, during the 3'ear 1&76, a crop of cotton, corn, peas, and ])otatoes, did, on the 8th day of November, 1876, without having first full}' paid up and satisfied affiant's lem on said crops, pursuant to the statute in that behalf, although being thereto often requested, knowingly remove and sell said agricultural products, without the consent of eaid affiant, and against the peace and dignity of the State of Mississippi, James Johnson. Sworn to and subscribed, this 10th day of November, 1876. A. B. Lo'»vE, J. P. (seal.) Acts 1876, page lU.] No. 151.— AFFIDAVIT FOR REMOVAL OF PROPERTY- LIEN FOR SHARE. State of Mississippi, Copiah County. }■ ss. Personally appeared before the undersigned Justice of the Peace for said county, J. F. Thompson, who states on oath that he rented to Thomas Wallace for the year 1876, (or, contracted with T. W. to tnorlc for the year 1876,) forty acres of open land on the farm on which affiant resides, to be cultivated in corn, cotton and sweet po- tatoes; that affiant was also to furnish sufficient team for the pur- In Civil Cases. ^3^ poses of cultivating said land and feed the same, the said Wallace to do or have done the work and labor necessar}^ in the planting, cultivating, gathering and preparing said crops for market, and for rent and use of same and said team adiant was to be paid one half of said crops so cultivated and gathered, during said year; that said Wallace did, on the loth day of October, 1876, in violation of the provisions of the statute in that behalf, remove from said farm, and sell and dispose of a portion of said cotton, to-wit: seventy-eight pounds in the seed, to , merchants, {or any one else) in the town of Beauregard, in said county, before any division or distribution of the share or interest therein to affiant, or others, contrary to the contract vesting such share in aOiant, and against the peace and dignity of IMississippi. J. F. Tiioiipsox. Sworn to and subscribed this 17th day of October, 1876. Bex. F. Jones, J. P. [seal.] Acts 1874, page 54.] Xo. 152.— AFFIDAVIT FOR FRAUDULENT REMOVAL OF MORTGAGED PROPERTY. State of Mississippi, Copiah County. )■ Personally appeared before the undersigned Justice of the Peace for said county, Benjamin F. Martin, who states on oath, that Hampton Tillman did, on the 10th day of February, 1876, execute and deliver to David W. Simmons, in trust for this affiant, a certain deed,- filed for record and duly recorded in the Chancery Clerk's office of said countv, on the ISth day of February, 1876, in Mort- gage Book 3, page 140; that the purpose of said deed was to secure the payment of^'a certain promissory note of said Tillman of even date with said deed and payable to said affiant, with interest at ten per centi from date, on the 1st day of November, 1876. for the sum of sixty dollars, and also to secure the payment of advances made and to "be made, by said affiant to said Tillman, during said year, to the amount of one hundred dollars, to enable said Tillman to make and gather a crop on the lands in said deed described ; tliat said Tillrnon, in consideration of the premises aforesaid, granted, bar- gained and sold unto said Simmons, in trust as aforesaid, all the crops of corn, cotton, peas and potatoes, to be made and gathered by him, or by others for him, on said land, during said year, con- ditioned, however," that if said Tillman should i)ay and satisfy the debt in said deed set forth to this affiant, then said deed to be null and void; that said debt has not been paid, (iwr cm ij pari thereof), and that said Tillman not abiding by his covenants, and in violation of the statute in this behalf, did fraudulently remove from said land, secrete, conceal, sell, and dispose of to parties unknown to affiant [If knoivn, state it, for such parties are liable to arrest), said mort- 70 Justice Forms gaged cotton; or some part thereof, •without the consent of said affiant, nnd againt the peace and dignity of Mississippi. Benjamin F. Martin. Sworn to and subscribed this 20tii day of October, 187G. JosiAii Hester, J. P. [seal j Note. — In tlie writ for the arrest, in the affidavits for removal or salei repeat the affidavit substantially, and conclude : "Wherefore, we command you forthwith to arrest the said , and bring him before me at my office, in said county, to answer the State of Mississippi, on the above charge, and to do or receive what, according to law, may be considered touching the same ; and have then there this writ. "Witness my hand and seal this day of , 1876. " , J. P. [SEAL.] " JUSTICE AS NOTARY PUBLIC. § 2233, Acts. 1872, page 147.J No. 153.— PROTEST OF DRAFT— NON-ACCEPTANCE. United States of America, State of Mississippi, J^ss. By this public instrument of protest, Be it known that I, S. D. Ramsey, a Justice of the Peace, and by virtue of my office, Notax-y Public for the county of Copiah, in said State, on the fourth day of January, 187G, at the request of A. B., holder of the original bill, whereof a true copy is hereto annexed, at the usual place of abode of C. D., presented to him th'e said bill for acceptance {or payment), which he did not accept (or j^ciy) '■ Whefore, I, the said NoLar}', at tlie request aforesaid, do protest the said bill, as well against the drawee of said bill as against all others whom it may concern, for all exchange, re exchange, damages, costs, charges and interest, already incurred, or to be hereafter incurred, for want of acceptance of the same. This done and pi'otested, in the town of Hazlehurst, in said State. In testimony of which I have hereunto, on the day and year first above written, set mj' lia;'d and affixed my notarial seal. S. D. Ramsey, J. P. [seal.] No. 154.— PROTEST OF DRAFT OR NOTE FOR NON-» PAYMENT. United States op America, State of Mississippi. }-ss. By this y)ublic instrument of protest, Be it known that I, S. D. Ramse\', a Justice of the Peace, and by virtue of my office, Notary Public for the county of Copiah, in said State, on the fourth day of January, 1876, at the request of A. B., holder of the original bill (or note,^ whereof a true copy is hereto annexed, at the usual place of abode of C. D., presented to him, the acceptor of said bill, (or maker of mid note), the original bill (or note), and demanded payment of the same, which he did not pay: Wherefore, I, the said Notaiy, at the request aforesaid, do protest the said bill (or note), as well Ill Civil Cases. 71 against the drawer {or viaker) of said bill {or note) as against all others whom it may concern, for all [exchange, re-exchange, //" « hiW] damages, costs, charges and interest already incurred, or to be hereafter incurred, tor want of payment of the same. This done and protested, in the town of llazlehurj^t, in said county. In testimony of which, 1 have hereunto, on the da}' and year first above written, set my hand and allixed my notarial seal. S. I). Hamsey, J. F. [seal, i No. 155.— NOTICE OF PROTEST FOPt NON-ACCEPTANCE. Hazleiiukst, INIiss., Jan. 4Lh, 1876. Mr.C.D: Sir — You will take this as due notice that your draft for §150, at thirty days from sight, dated December 27th, 1875, drawn on J. & T. Green, of Jackson, JMiss., has this day been protested for non- acceptance. Yours, etc., tS. D. Ramsey, J. P., and ex-officio Notary Public. No. 156.— NOTICE OF PROTEST FOR NON-PAYMENT- DRAFT. Hazlehukst, jMiss., Jan. 4th, 1S76. Mr. a D.: Sir — You will take this as due notice that 3'our draft for $150, at thirty days sight, dated November 25th, 1875, drawn on and accepted by J. & T. Green, of Jackson, Miss., has this day been protested for non-payment. Yours, &c., S. D. Ramsey, J. P., and ex-officio Notary Public. No. 157.— NOTICE OF PROTEST FOR NON-PAYMENT- NOTE. IIazlehurst, Miss., Jan. 4th, 1876. Mr. a. D.: Sir — You will take this as due notice that your note I'or 8150. dated November 1st, 1875, payable at the ollice of Temple S. Coons 'tt Co.. New Orleans, La., sixty days after date, and endorsed b}^ E. F. {if endorsed), lias this day been protested for non- payment. Yours, &c.., S. D. Ramsey, J. P., and ex-ojfficio Notary Public. NoiE. — To charge the endorser, he must also have notice, at once, of pro- test. The Notary must give the party entitled his certificate, attached to the protest. No. 158.— CERTIFICATE OF SERVICE OF NOTICE. United States of America, ) ^ ss State of Mississippi. j I, S. D. Ramsey, Justice of the Peace, and by virtue of my oflice 72 JiLsticG Forms Notary Public for the county of Copiah, in said State, do hereby- certif}^ that on this 4th day of Januar}', 1876, notice of the protest of the before mentioned bill [or, draft or note) was served upon C. D., the drawer of said bill (or,maker of said note, and E. F., the endorser thereon), by letters, respectively addressed to him [or them), at his [or their) reputed place of residence, and the post offices nearest thereto, and deposited the same in the post otlice in the town of Hazlehurst, in said county. .1 la testimony of which, I have hereto set m}- hand and ' ■-' attached my notarial seal. S. D. Ramsey, J. P. § 12, Acts 1876, p. 114] No. 159.— ACCOUNT FOR MONEY WAGES FOR LABOR. County, A. B. To C. D., Dr. July 20th, 187G. — To ten days labor in scraping cotton on your farm, at $1 per day ,.^10 00 State OF Mississippi, County. }-ss. Personally appeared before the undersigned, a Justice of the Peace for said count}^ C. D., who made oath that the foregoing account is just and true as stated, and that the same remains due and unpaid; and that the amount became due by reason of labor performed b}' affiant, under contract by said A. B., on the farm of said A. B., in said county, during the month of Juh', 1876. C. D. Sworn to and subscribed before me, this dav of , 1876. ^ , J.P. Note. — By an examina-tion of the law referred to, it will be seen that no- property whatever is exempt from a judgment and execution, in such cases as the foregoing ; the judgment and execution, however, must set forth the fact that the claim was for labor performed. Note — For the following nine forms, I am indebted to the New Clerk's Assistant, by John S. Jenkins, Esq.,. Counsellor at Law, New York. They are excellent ones, and will be found very useful : No. 160.— COMPLAINT— ACTION ARISING ON CONTRACT. In Justice's Court, Count}'. A. B. ) Before C. C, J. P. vs. C. D. ) Complaint. A. B. plaintiff, complains that C. D., defendant, owes and is in- ebted to him in the sum of one hundred dollars, for goods, wares, and merchandize, sold and delivered to [or, for work and labor performed for) tile defendant, on the day of , 18..., [or, at various. times between the day of , 18..., and the day of. , 18...,) whereupon, the plaintiff demands judgment against the de- fendant, for tlie one hundred dollars. A. B., Plaintiff. ^ In Civil Cases. 73 No. IGL— COMPLAINT -INJURING PERSONAL PROPERTY. In Justice's Court, Count}'. A. B. ] lieforc C. C, J. P. C. D. ) Complaint. A. B., plaintiff, complains that C. D., defendant, carelcssl}' and violently ran against the carriage of the plaintiff, with the team and wagon of the defendant, on the day of , 18..., and broke and damaged the said carriage to the amount of twenty-live dollars, whereupon, the plaintiff demands judgment against the defendant, for the twenty-five dollars. A. B., Plaintiff. No. 162.— COMPLAINT— BREACH OF WARRANTY. In Justice's Court, Count}'. A. B. \ Before C. C, J. P. vs. \ C. D. 3 Complaint. A. B., plaintiff, complains that C. D., defendant, sold a horse to the plaintiff, on the day of , 18..., for the sum of dollars, and warranted the same to be perfectly sound, kind, and true, but the said horse is blind of the right eye, is vicious, and unrul}', and not true in harness; whereby, he is injured to the amount of fifty dollars ; whereupon, the plaintiff demands judgment against the defendant, for the fifty dollars. A. B., Plaintiff. No. 163.— COMPLAINT— FRAUD OR DECEIT. In Justice's Court, County. A. B. ^ Before C. C, J. P. C. D. J Complaint. A. B., plaintiffi complains that C. D., defendant, sold a horse to the plaintiff, on the da}' of , 18..., for the sum of dollars, which said horse, to the knowledge of the defendant, was diseased of the heaves, at the time of the sale, but the defendant did not inform the plaintiff thereof, whereby the said horse is in- jured to the amount of fifty dollars, and the plaintiff demands judg- ment against the defendant, for the same. A. B. Plaintiff. No. 164. COMPLAINT— CONVERSION OF PERSONAL PROPERTY In Justice's Court, County. A. B. 1 Before C. C, J. P. y C. D. j Complaint. A. B., plaintiff, complains that, on or about the day of TJ: Justice Forms IS..., he was possessed, as of his own property, of a certain gold watch, of the value of one hundred dollars, which afterwards, and on or about the da}- of , 18..., came into the hands and possession of C. D., the defendant, who sold the same and converted the proceeds to his own use ; whereupon, the plaintiff demands judg- ment against the defendant, for the one hundred dollars. A. B., Plaintiff. Ko. 165.— COMPLAINT. — INJURY TO REAL PROPERTY. In Justice's Court, county. A. B '\ Before C. C, J. P. vs. \ C. D. J Complaint. A. B., plaintiff, complains that on or about the day of , 18..., C 1)., the defendant (or, the horses and cattle of C. I)., the defendant), broke and entered the close of the plaintiff, in said county, and tore down and destroyed the grass and the products of the soil there growing; whereb}^ the plaintiff has sustained damage to the amount of fifty dollars, and he demands judgment against the defendant for the same. A. B., plaintiff. No. 166.— COMPLAINT BY AN ASSIGNEE. In Justice's Court, count3\ A. B. \ . Before C. C, J. P. vs. C. D. ) Complaint. A. B., plaintiff, complains that C. D., defendant, was indebted to G. H., on the day of , 18..., in the sum of one hundred dollars, for medical services rendered to the said defendant previous to that day, which said indebtedness has been duh^ assigned to the plaintiff'; whereupon the plaintiff demands judgment against the defendant for the one hundred dollars. xV. B., plaintiff". No. 167.— ANSWER OF DEFENDANT. In Justice's Court, county. A. B. ) Before C. C, J. P. vs. [- C. D. ) Answer. C. D., the defendant, answers to the complaint, that on tlie day of , 18..., he paid the indebtedness mentioned in the complaint; Or, that the i)laiutiff' did not perform the work and labor for the defendant mentioned in the complaint; In Civil Cases. T5 Or, that he ditl not warrant the horse mentioned in the comphiint to be })er('eetly sound, kind ami true. C. D., defendant. No. IGS.— ANSWEK, WITH NOTICE. In Justice's Court, county. A. B. ( Before C. C, J. V. vs. -r C. D. J Answer. C. D., tlie defendant, answers to the complaint tliat he did not • ss. Personally appeared before the undersigned Justice of the Peace for said county, Albert Welch, who being by me duly sworn, deposes and says, that in said county, on the day of , 1876, one C. D., did [ describe the offense, as near as can be, in the words of the law, dejininrj and 2^unishing the offense, and conclude as follows :] in violation of the statute in that behalf, and against the peace and dignit}' of Mississippi, A. W. Sworn to and subscribed, this day of , 1S76. , J. P. [seal.] § 1322.] No. 172.— GENERAL FORM OF WARRANT. State op Mississippi, To the Sheriff or an}' Constable of Copiah county : Whereas, by the aflidavit of A. W., this day filed in the office of 78 Justice Forms the undersigned Justice of tlie Peace for said count_y, charg-ing that C. D. did, in said count}', on the day of , 1876, [^describe the offense in the words of the affidavit.^ Therefore, we command you, That you take the body of said C. D., if to be found in your county, and him safely keep, so that you have him before the said Justice {or any other Justice,) at bis office in said county, forthwith {or, on the day of , 1876,) to answer the State of Mis- sissippi on said charge, and to do or receive what, according to law, may be adjudged, touching the same. Have you then there this writ. Witness my hand and seal, this day of , 1876. ., J. P. [seal.] §1322.] No. 17a.— SUBPCENA. State of Mississippi, To the Sheriff or any Constable of Copiah Count}': We command you to summon A. B., that all business and excuses being laid aside, he be and appear, in his proper person, before the undersigned Justice of the Peace for said county, at his office therein, instanter {or, on the day of , 1876,) then and there to testify those things which he knows in a certain matter then and there to be tried, between the State of Mississippi and C. D., on the part of the said State {or. C. I).,) hereof failing not, under penalt}^ and have you then there this writ, Witness my hand and seal, this day of , 1876. , J. P. (seal.) §1323.] No. 174.— JUDGMENT— FINE AND IMPRISONMENT. (To be entered on Docket.) Be it remembered, iThat at a court held by the undersigned Justice of the Peace for the county of Copiah, at his oflice therein, this day, A. B. was brought before said court, charged on the affidavit of C. D., with having, on the day of , 1876, in said county {here state offense ;) which cLarge being stated in the war- rant issued by me, was distinctly read to the defendant, in open court, to which he plead not guilty; whereupon, such proceedings v/ere had in said court, that the defendant was convicted of the said charge, and the court renders judgment thereon, that the said A. B. be fined in the sum of twenty dollars, [and be imprisoned in the common jail of said county, for thirty days from this date, and that he pay the costs of the suit, to be taxed.] Witness my hand. , J. P. (seal.) Note. — If the judgment is only a fine, instead of the words in brackets, say " and stand committed to the county jail until the payment of said fine and all costs in this behalf." The mittimus following will answer in both instances : Ill Cjdniinal Cases. 79 §1324.J No. 17:j.— MITTIiMUS. State of Mississippi, To the sheriff or an}^ constable of Copiah county: Whereas, at a court held bj' the undersigned, one of the Justices of the Peace for said count}-, this da_y, at his oflice therein, A. B. was brought before said court charged, on the aflidavit of C. D., with having, on the day of , [here stale the offense), which cliarge being stated in the warrant by me issued (or by anj other Justice), was distinctly read to the defendant in open court, to which he plead not guilty; whereupon such proceedings were had in said court, that the defendant was convicted of the charge above specified, and the court having rendered judgment thereon, that the said A. B. (here slate pGnnllxj in jiuhjment); Therefore, in the name of the State of Mississippi, wc command you to convey tiie said A. B, to the common jail of the county aforesaid, the jailor whereof is hereby required to keep him in safe custod}^ in said jail, until the judgment so rendered be satisfied, or he be discharged by due course of law. Witness my hand and seal this da}' of , 1876. J J. P. [seal.] §1325, No. 176.— BOND FOR APPEARANCE— GENERAL FORM. Note. — The constable when he arrests can take bond for the appearance of the accused, if the court will not be held the day of arrest. The Justice can also do so, if a continuance is had. The following form will answer in all such cases, where bonds are taken ; the better practice, however, for the sheriff; and especially for the constable, is to bring the accused and his bonds- men before the Justice who issued the warrant, and let him take their recog- nizance, and enter the same on the docket. Form No. 176, following, is the proper one. These forms will do to a.ppear at Circuit Court, by changing to suit. '^^^ State of Mississippi, Copiah Countv. ^ss. Know all men b}- these presents, that we, C. D. and , are held and firmly bound unto the State of Mississippi, in the penal sum of dollars, for which payment well and truly to be made, we bind ourselves, our heirs and legal representatives, jointly and severally, firmly by these presents, signed with our names and sealed with our seals, this day of , 187 — The condition of this obligation is such, that if the said C. D, shall be and personally appear before the court of A. B., one of tiie Justices of the Peace for said count}^, at his otlice therein, on the day of , 187... (or, the Circuit Court of said county, at the next regular term thereof, to he held in the toion of , on the day of , 187...), to answer the State of Mississippi on a charge of (here set down the charge as set forth in the affidavit or tvarrant), in violation of the statute in that behalf, and against the peace and dignity of Mississippi,- and shall remain in attendance 80 Justice Forms upon said court from dixy to day, and from term to term, until regu- larly discharged by due'course of law, then this obligation to be void, otherwise to remain in full force and effect. [seal.] [seal.] [seal.] Ko. 177.-EECOGN1ZANCE TO APPEAR— GENERAL FORAI. State of Mississippi, Copiah County. )■ ss. This day personally appeared before the undersigned, one of the Justices of the Peace for said county, C. D., E. F and G. H., of said county, and acknowledged themselves to be severally indebted to the State of Mississippi in the penal sum of one thousand dol- lars; that is to'say, the said C. D. in the sum of five hundred dol- lars; the said E. F. in the sum of two hundred and fifty dollars, and the said G. H. in the sum of two hundred and fifty dollars to be levied of their respective goods and chattels and lauds and tene- ments. And the said E. F. and G. H. being, by me duly sworn, deposed on oath that they were each worth, in visible properi}', subject to execution and attachment under the laws, and over and above all legal exemptions, liabilities and liens, the sum of two hundred and fifty dollars. This obligation and recognizance, how- ever, to be void and discharged if the said C D. shall be and per- sonally appear before the court of the said Justice, at his ofiice in said county, on the day of , 187... {or circuit court of said county, to he held in the town of , on the day of , 187...) to answer the State of Mississippi on a charge of (here state the charge) in violation of the statute in that behalf and against the peace and dignity of Mississippi, and shall remain in attendance upon said court from day to day- and from term to term, until regularly discharged by due course of law. Witness mv hand and seal this day of , 187... , J. P. [seal.] ■^o. 178.— AFFIDAVIT FOR PEACE WARRANT. State op Mississippi, Copiah County. }> Personally appeared before the undersigned. Justice of the Peace for said county, A. B,, who, being by me duly sworn, on oath says that C. D. had threatened to do affiant (or his property) as he has been informed, and verily believes, some serious bodily harm (or hurt and injury, if property is threatened) and tha.t affiant fears that said threats will be carried into execution, unless saitl C. D is restrained by law; that this charge is not made through malice, hatred or ill-will, but for the cause aforesaid; therefore, affiant prays the peace against said C. D. that he be lawfully restrained in this behalf. A. B. Sword to and subscribed this da}' of , 187... , J. P. In Criminal Cases. 81 No. 179.— RECOGNIZANCE TO KEEP THE PEACE. Static of Mississippi, Copiah County, ^ss. Tliis (l;iy [)ors()nally canio beforo Lho iiiulersignod Jnslice of the Peace lor said couuty, C. D., E. F., and G. 11., who acknowledged themselves indebted to tiic State of Mississippi, in the sum of one thousand dollars ; that is to say, the said C. D. in the sum of five hundred dollars ; the said E. F. in the sum of two hundred and fifty dollars, and the said G. II. in the sum of two hundred and fiftj' dol- lars, to be levied of their goods and chattels, lands and tenements , and the said E. F. and G. H., being by me duly sworn, on oath state that they are each worth, in visible property, over and above all their legal exemptions, liabilities, and liens, the sum of two hundred and fifty dollars. This obligation and recognizance is upon this condition : If the said C. D. shall abstain and refrain from doing any harm, hurt, or injury to the person or property of A. B., and shall well and faithfully keep the peace toward the people of this State, and [)articularly toward the said A. B., for and during the twelve months next ensuing {or, two years,) then this obligation to be void, otherwise to remain in full force and effect. Witness my hand and seal, this dav of , IS7G. ". , J. P., [seal.] ^ 2854.] No. ISO.— JUDGMENT TO KEEP THE PEACE. Be it remembered, That this day, C. D. was brought before the undersigned Justice, upon a charge of threatening to do bodily harm to the person of A. B. (or, to hurt and injure the property of A. JJ.,) and I, the said Justice, being salisfied, b}' due proof adduced in this behalf, that said charge is in all respects true ; the said C. D. is therefore duly convicted thereof ; and it is thereupon adjudged that the said C. D. forthwith enter into recognizance in the sum of one thousand dollars, with security, to keep the peace toward all the people of this State, and especially toward the person and property of the said A. B., and to be of good behavior, for the space ot twelve months from this date, and to pay all costs of this proceeding against him ; and in default whereof, the said C. D. to stand com- mitted until such recognizance be executed and costs i)aid. Adjudii'cd and ordered, this dav o'' ,, 1876. ". J. P. (SKAL.) Sis 28;!I, 2830.1 No. 181.— AFFIDAVIT OF VAGRANCY. State of ^Iississippi, Copiah Cor-XTv. J-ss. Personally appeared before the undersigned, a Justice of the Peace for said county, A. B., who being by me duly sworn, on o;ith states that C. D., of said countv, has no visil)h> menus of support, but, as 6 82 Justice Forms affiant is informed and verily believes, for the most part, supports himself by gaming ; Or, who is an able-bodied person, living without labor or employ- ment, and has no visible means of support ; Or, who has abandoned his wife and family, without just cause^. leaving them without support and in danger of becoming a public charge ; Or, who keeps a house for public gaming ; Or, who keeps a house of prostitution ; Or, is a common prostitute, and has no other known emplo}'- ment for her support ; Or, is an able-bodied person found begging for a livelihood ;) Tliat affiant, therefore , l)elieves that said C D. is a vagrant within the meaning of the law, and prays his arrest. A. B. Sworn to and subscribed, this day of , 187G. J. P. Note. — K\\ affidavit is not necessary, if any of the above charges come witliin the knowledge of the Justice. In such case he should issue his war- rant, or himself be prosecuted for neglect of duty, under Section 2889. No. 182.— WARRANT FOR VAGRANT. State op Mississippi, To the Sheriff or any Constable of Copiah County: Whereas, A. B., of said county, has this day made oath before the undersigned, one of the Justices of the Peace for said count}', that C. D. is an able-bodied person, who lives without labor or employ- ment, and has no visible means of support {or any other of the charges in the affidavit) ; you are therefore hereby commanded, in the name of the State of Mississippi, forthwith to arrest the said C. D. and bring him before the said Justice, at m^^ office, in said, count}', to answer the said charge, and to be dealt with in the premises according to law. Witness my hand and seal, this day of , 187. . , J. r. [seal.] No. 183.— JUDGMENT IN VAGRANCY. (To be entered on Docket.) Be it remembered, that C. D. was this day brought before the undersigned Justice, upon the charge of vagrancy, and I, the said Justice, being satisfied by due and personal examination of the said C- D., and the testimony of A, B. and G. H. adduced in this behalf, that said charge and accusation are in all respects true; the said C. D. is therefore duly convicted before me of being a vagrant, within the meaning and intent of the statute in that behalf ; and it is thereupon adjudged and determined that the said C. D., in default of bond, according to la^-, and the payment of all costs of the pro- In Criminal Cases. 83 ceedinos ag^ainst him, be committcMl to the county jail of CjpiaU county, for ten days from this d:ite. Adjiuliied this day of , 187. . , J. \\ [SKAL.] §§ 2837, 2839.] No. 184.— MITTIMITS FOR VAGRANT. State of Mississippi, To the Shcrifl' or any Constable of Copiaii C'onnly: Whereas, C. D. has been this day convicted before nie, oni.' of the Justices of the Peace for said county, as appears of record in my office, of being a vagrant, I have adjuged that the said C. D. be committed as hereinafter expresselace is jMrticularlu described in the affidavit) of said , where said propert}'' is suspected to be deposited or concealed^ making known to the occupant thereof, if any, A'our authority for so doing; and if said property, or any part thereof, be found, that you seize and bring the same before me, at my office, without delay, so that lawful action may be had in the premises. Witness my hand and seal, this day of , 187.... , J. r, [seal.] Note. — If the property seized on a search warrant is claimed by other persons, then an issue shall at once be made up and tried before the Justice, if the value of the property is not more than $150. If more than this, claimant must give bond, as in claimant's issue in civil cases, and the Jus- tice sends the whole matter to the Circuit Court. ^-o. J87.— MITTIMUS ON FAILURE TO GIVE BOND OR PAY FINE AND COSTS— GENERAL FORM. State of Mississippi, To the sheriff or any constable of county: Whereas, C. D. has this day been tried before the undersigned, one of the Justices of the Peace for said county, on the charge of (v)hatever the charge he in the afidavit, here state in the sametvords), and having been duly convicted thereof, upon full proof; And being fined by said Justice in the sum of twenty-five dollars, with costs of suit, and failing to pay the same; Or, and being required to enter into recognizance, in the sum of one thousand d-^llars, with security, to keep the peace towards all the people of this State, and especially towards A. B., and to be of good behavior for the space of twelve months from this date, and to pay the costs of this prosecution, and having failed to execute and pay the same; Or, and being required to give bond, with good security, in the sum of four thousand dollars, for his appearance at the next term of the Circuit Court of said count3% to be held at the court house thereof on the day of ,"^187..., and failing to give the same; Ill Crimincil Cases. 85 You are, tlierclV)rc', lierchy comniandt'd, in the name of the State of jNIississippi, to I'orthwilh convey the said C. D. to the jail of said county, and deliver him to tlie jailor thereof, who is hereby required to receive him into his custody, and him safely keep in said jail until he shall pay said fine and all costs {or, until he shall Jind such securifi/,} or be discharged by auc course of law. Witness mv hand and seal, this day of , 187G. \ , J. r., (SEAL.) Note. — If, after commitment, the party or his friends should pay the fine and costs, or find the security, as required, and fde with Justice, he should,, at once, direct the following warrant to tho jailor : No. 188.— WARRANT TO DISCHARGE PRISONER. State of Mississippi, Copiah County, } ss. Horace IMillsaps, Esq., one of the Justices of the Peace for said County, to the Sheriff and Jailor of said County, Greeting : These are to command you, forthwith, to discharge out of your custody, C. D., if detained by you in the jail of said count,v for no other cause than what is set forth in his warrant of commitment made by the undersigned, on the day of , 187..., for failing to pay fine and costs (or the other c/iuses,) he having, since his said commitment, paid said fine ana all costs (or, found, before me, the securities required.) AVitness my hand and seal, this day of , 187G. , J. P., [seal.] NolE. — The Mittimus No. 187 will answer in cases of felony, as assault and battery with intent to kill, perjury, bigamy, robbery, grand larceny, manslaughter, kc, &c., when the party is examined and lield to bail before a Justice, and fails to find security. No. 18'.».— RECOGNIZANCE TO TESTIFY. Note. — Often timen, malice and other influences induce persons to make affidavits charging serious crimes to others, without having reasonable grounds for so doing. It is the duty of the Justice to compel these affiants and other witnesses, where he has any doubt of f^iilureon their part, to enter into recognizance to appear and testify. In cases of felony examined before him and sent to the Circuit Court, he MUST take the recognizance of all the important witnesses. State of INIississippi, Copiah County. )■ ss. This day, personally appeared before the undersigned Justice of the Peace for said county, A. B. and C. D., who acknowledged them- selves indebted to the State of Mississippi in the sum of two hun- dred dollars : that is to say, the said A. H. in the sum of one hun- dred dollars, and the said C. I), in the sum of one hundred dollars. 36 Justice Forms to be levied of their respective goods and chattels, lauds and tene- ments ; but tliis recognizance to be void and of none effect if the said A. B. shall personally appear before the undersigned, at his office in said.countv, on the day of , 187..., {or. Circuit Court of said county, at the court-house thereof, on the day of , 187...,) then and there to testify on the part of the State sgainst , charged with [describe offense,'] and shall not depart therefrom without being legallj^ discharged. Witness m}' hand and seal, this day of , 18.... , J. r. [seal.] No. 190.— VOLUNTARY CONFESSION OR STATEMENT OF ACCUSED. Note.— When a party has been brought before a Justice, charged with a crime, the Justice should talvc down in writing the confession or statement of the prisoner, if he has any to make or give. .The following will answer in all cases : State of Mississipri, County. )>ss. Tills d;iy, A. B , being brought before the undersigned, one of the Justices of the Peace for said county (or, came voluntarily before the iindersi(jned, &c., and surrendered himself for exnminrdion) on the cliarge [describe the crime or offense), and he being put on ex- amination, and having first been informed by me that it was his privilege to make or not to make, according to his own free will, }iny declaration or statement concerning the matter touching the said charge; that the lavv neither required nor desired him to make any, but ctmt+rtioned him not to give the information, or make any confession or declaration in fear of punishment or hope of escape, but onl}^ such as on calm reflection and legal advice, he should freely desire to give or make, he thereupon, without an}^ known fear of punishment or hope of favor or escape, did voluntaril}^ declare as foll'jws : {here write down exactly ivhat the vrisoner said in his words). (Prisoner's Name.) Written down by ma, I'ead over to the jirisoner, and subscribed before me by him, this .... dav of , 187... ,J. P. .^ 2867.] No. 191.— JUDGMENT OF DISCHARGE ON COMPROMISE. Note. — In all petty misdemeanors, except offences by officers, the party injured and the party arrested, can compromise the mattei", by the ajjpear- ing in open court of party injured and acknowledging satisfaction therefor. The Justices of"the Peace should foster and encourage such settlements and friendships, in every legitimate way. Be it remembered that this day, A. B., V)eing brought btibre the undersigned Justice, on tiie charge uf assault and batteiy on the In Criminal Cases. 87 person of C. D. (or, any (Aher offence less Ihan felo)};j), thixt the said C. T). did, then and there, in open court, acknowledge to have received satisfaction for all injury inilicted upon him by the said A. B., and desires that he shall l)e discharged from custody and the proceedings in this behalf dismissed; nnd the court being salisQed tha. into court, came not, but failed therein. Given under my hand and seal this day of , 187 ". J. r. [sEAi..] §§2515, 2516.] No. 196.— BRIBERY AT ELECTIONS— COMPLAINT. State of Mississirn, County. )■ ss. A. B., of said count3% being by me, the undersigned Justice of the Peace for said county, duly sworn, says that on the day of .,187..., C. D. did, at said county, willfully and unlawfully offer {or [fu'c) to K. F., then and there a legal and qualified elector for said county, live dollars (or anything else) as a reward, for the purpose of inducing him, the said E. F., to persuade and procure the electors of said county to vote at the general (or special) elec- tion held on the day of , 187..., for him, the said C. D. (or for any other), i'ov the oflice of , against the statute in that behalf, and the peace and dignity of the State of Mississippi. Or, C. D. did, at said county, willfully and unlawfully procure (or endeavor to procure) the vote of E. F. (or tlie inflaence of E. F. over the electors of said county), at the general (or sjoecial) election held on the day of ...,187 in said county, for himself (or for any other) for the otiice of , by threats of violence towards tiie person of said E. F.; Or, threats of withdrawing custom or dealing in business or trade, or of enforcing the payment of a debt, &c., or any other threat or injury to be inflicted by said C. D., or by his means. §§5598 and on.] No. 197.— GAMING— COMPLAINT. State OF ^Iississirri, County. }>ss. A. B., of said county, being by me, the undersigned Justice, (kc, duly sworn, says that on the day of ,187...., at said county, and on divers other days, C. D. did play at a game of cards for money (or did wager and bet money, or other valuable thing then and there upon a cock-fight, or election then pending); Or, C. D. did keep and exhibit a certain gaming table called A. B. C, or E. O., roulette, rowley-powley, rouge et noir, rondo, monte, faro, keno, or any other kind or description, for public play for raone}', or other valuable thing; Or, C. D. did publicly (or privately) put up a certain lottery, to be drawn or adventured for; Or, C. D. did put up a certain prize to be raffled or played for. 90 Justice Forms Or, C. D. did sell and expose for sale certain lottery tickets {or lirizes, or prize boxes). Or, C, D. did keep and exhibit a certain billiard table for pnblic play, without having a license therefor. § 2531.] No. 198.— DUELS— COMPLAINT. State of Mississippi, Copiah County. )■ ss. A. B., of said county, being by me, the uiulersigiied Justice, tfec, duly sworn, says, that on the . . . day of , 187. ., of said county, C. D. did send and cause to be delivered to the said A. B. a written (or, verbal) message, purporting and intending to be a chal- lenge to tiie said A. B. to tight a duel with the said C. D., within said State (or,ioithoiU the bounds of said State); and that E. F. did deliver said message to the said A. B., knowing the same to be a challenge to fight as aforesaid. Or, C. D. did send and cause to be delivered to E. F. a written (or verbal) message, purporting and intending to be a challenge to said E. F. to fight a duel with said CD., within the bounds of said State (or, without); that said message was delivered by G. H., knowing the same to be a challenge to fight as aforesaid, and that the same was accepted by the saidE. F., and arrangements are being made by said palties, and others, for said duel, &c. g 2711.] S 27] No. 199.— DESTROYING BOUNDAEY— COMPLAINT. State of Mississippf, Copiah County. }^ss. A. B., of said county, being by me, the undersigned Justice, etc., duly sworn, says, that on the .... day of , 187. ., at said county, C. D. did knowingly cu'.;, fell and destroy (or, cause the sarne to be done), a certain pine tree, the same being a boundarj^ one, between the lands of said A. B. and the said C. D. (or others), to the wrong and manifest injury of the said A. B. (or, remove or de- stroy any other character of land mark, to the ivrong of amj). § 2569.] No. 200.— OBTAINING MONEY, etc., BY FALSE PRETENCE- COMPLAINT. State of Mississippi, Copiah County. }-ss. A. B., of said county, being by me, the undersigned, ikc, duly sworn, says, that on the day of 187. ., at said county, C. D. did designed!}^, by color of a certain false writing then and there exhibited, with intent to cheat and del"raud tlie said A. B., obtain the signature of said A. B. (as security) to a certain promis- sory note, for the sum of fifty dollars, payable to one E. F., thirty days after date. In Criminal Cases. -^1 Or, C. ]). Uut, de.si;>iirtlly imd by false pretence, with intent to cheat and defraud the siiid A B., by representing that he, the said C. D., had tlien a growing crop of cotton, which would yield at feast five bales, in said county, and that the same was wholly unincum- bered, and was his [)roperty, obtain from said A. 1>.. on a credit, goods and supplies of provisions amounting to tlie sum of fifty dol- lars (or, harse, or 'imile, or other properlij). §2653.] No. 201.— COMPLAINT FOR PETIT LAIl(Jp:NY. State of Mississippi, County of Copiah, ^ss. A. B., of said county, being by me, the undersigned Justice of the Peace in and for said county, duly sworn, says, that on the day of , 187..., certain personal property of said A. B., to-wit: {describe it,) of the value of twenty dollars, was feloniously taken and carried away from his dwelling-house- (or other place) in said county ; and that he suspects and verily believes that the same was so taken and carried away l)y C. D. ; wherefore, he prays that the said C. D. may be arrested and the said charge inquired into. A. B. Sworn to and !>ubscril)ed, this day of , 1S7G. , J. P. (seal.) Note. — Juries are allowed in all criminal cases tried by a Justice, on de- mand of the defendant. On such demand, let him issue a venirie facias, as in No. — . The following is a form of oath to jurors, in such cases ; No. 202,— OATH OF JURORS IN CRIMINAL C VSES. You and each of you do solemnly swear that you will well and truly try and true deliverance make between the State of Mississippi and the prisoner at the bar, whom you have in charge, and a true verdict give, according to the law and the evidence. So help you God. R E ^I P: D I E S A G A I N S T J U S T I C^ E . § 1339.] No. 203.-COMPLAINT FOR FAILURE TO PAY OVER MONEY'. :State of Mississippi, County. }-*Ss. This da}^ came before the undersigned, one of the Justices of the Peace for said county, A. B., and makes complaint, on oath, that heretofore, to-wit: on the day of , 187..., he recovered before John Doe, a Justice of the Peace for District- No. ..., of said county, a judgment for tvventj'-tive dollars, against C. D. ; that exe- •cution issued thereon, in due course, and was levied on certain per- 92 Justice Forms sonal property, and sold to satisfy said judgment and costs ; that due return was made of said moneys to said John Doe, Justice as aforesaid, by the ofHcer making the same ; but although often re- quested to do so, the said John Doe wholly fails to pay over to com- plainant the money so collected on said execution, received by him as aforesaid, in his oflicial capacity ; wherefore, complainant prays a summons may issue to said John Doe, Justice as aforesaid, com- manding him to appear and answer to this complaint. A. B. Sworn to and subscribed before me, thib da^^ of , 187 — .'. , J. P., (seal.) Note. — On the foregoing, a summons, in the usual form of civil suit, issues, stating therein the cause of action to be a failure to pay over money. A good plan is, always to copy the words of the affidavit or complaint, in all summonses and warrants. ^1339.1 No. 204.— JUDGMENT AGAINST JUSTICE. Be it remdmbered, that this da}^ came A. B., complainant, and John Doe, defendant in said action in person {and hy their attorneys, if so), and all the evidence being heard (and the argument of coun- sel, if any), it is considered by the court that the complaint of baid A. B. is, in all respects, true; thereupon It is ordered and adjudged by the court that the said A. B. do have and recover ot and from the said John Doe, the sum of twenty five dollars, with ten percent, damages on said sum, and costs of suit, without stay of execution. For which execution may issue. Ordered and adjudged this day of 187 , J- P- .^2712. Fee bill, ^U.\ No. 205.— AFFIDAVIT FOR EXTORTION AGAINST JUSTICE. State OF Mississippi, County. }-ss. This day personally came before the undersigned, one of the Justices of the Peace for said county, A. B., who made complaint, on oath, that John Doe, Justice of the Peace for District No , of said county, did, on the day of , 187..., knowingly demand, take, collect and receive, under color of his office, and in his official capacity as Justice of the Peace, as aforesaid, the sum of two dollars (or any sum), as fees in the case of vs , heretofore tried before said Justice, and of record in his office, the same not being authorized by the laws of this State (nor the fees collected, enumerated in the act estahlishinss. Personally appeared before the umlersigued, one of the Justices of the Peace for said county, A. B., who made coin])laint, on oath, that John Doe, a Justice of the I'eace of District No of siud county {or constable), was present at , on the day of , 187..., when one C. 1). did violently assault and beat E. F. ; Or, was drunk and using profane language and disturl)ing the peace in a public place, or any other offense committed or about to be committed; against the |)eace and dignity of the State of oMississippi; the offense as aforesaid, although being committeil in the view and knowledge of said Justice [or constable), the said Justice [or con- stable) has willfully neglected and refused to arrest and return the said C. D.; Or, the offense as aforesaid being about to be committed, the said Justice (or constable) did willfully absent himself I'or the purpose of avoiding a knowledge of the same; Or, the offense as aforesaid having been committed, or about to be committed, the said Justice (or constable) was duly notifiecl thereof, or the danger thereof, but willfully- neglected and refused, &c. ; In violation of the statute in that behalf, wherefore affiant pra3's the arrest of the said John Doe, that this charge may be inquired into. " A. B. Sworn to and subscribed this day of , 18... , J.P. / Note. — It has been too much the case, in this State, that officers have stood by, silent spectators of rows and drunken broils, when offenses not only are in danger of being committed, but are actually committed in their view, and nothing comes of it. Let all good citizens bring .such officers to the bar of justice, by filing against them an affidavit to the eflect of the fore- going. If an officer leaves, that he may not see and know, he is equally guilty. Let the day be hastened, when offenses shall not be committed in Mississippi, without certain and speedy arrest and punishment. § 1599.) No. 207.— JUDGxAIENT NISI AGAINST JUSTICE FOR NON- ATTENDANCE IN UNLAWFUL ENTRY AND DETAINER. Be it remembered, that on the day of , 187..., A.. B. filed before the undersigned Justice, a complaint, on oath, that C. D. had unlawfully turned him out of possession (or, unlaicJuUi/ ioithheld from him the possession) of certain premises in the county of , described in said complaint; that thereirpon, the un- 94: Justice Forms dersigned issued his warrant, summoning the said C. D. to appear and answer said complaint, on the day of , 187..., and also requiring the oflicer serving said warrant, to give notice to and request the attendance, at the time and place, in said warrant set forth, of E. F. and G. H., two other Justices of the Peace of said county ; but it appearing to the satisfaction of the undersigned, that G. H., one of the Justices aforesaid, was duly notified, and has failed to attend, and no cause shown therefor, it is ordered that a line of twenty dollars be entered up against said G. H., for the use of said county. And it is further ordered, that scire facias issue in this behalf, commanding said G. IT. to appear and show cause why auch fine should not l)e final. Ordered, this day of , 1S7.... , J. P. §1599.] No. 208.— SCIRE FACIALS FOR DEFAULTING JUSTICE. State of Mississippi, To the sheriff or any constable of county: Whereas, on the ...... day of , 187..., G. H., a Justice of the Peace for said county, was duly summoned to attend on the under- signed, at his office, for the purpose of holding a court, in a matter under the statute of unlawful entiy and detainer, on the day of ,187..., came not, but made default; whereupon, the undersigned entered up a fine of twenty dollars against the said G. IL, which shall be final, unless good cause be shown to the contrary. Therefore, you are hereby commanded to cite th3 said G. H., Justice of the Peace, as aforesaid, to be and personally appear before the undersigned Justice of the Peace of said count}', at his office therein, on the day of ...., 187..., then and there to show- good cause, if any he can, why said fine should not be made final, and execution issue thereon. And have you then there this writ. Witness my hand and seal, this day of , 1876. , J. P. (seal.) RE^ilEDIES UNDER THE LICENSE AND L I (I U O R LAW. §2692; §2, Acts 1873, p. 97. ^-o. 209.— SELLING LIQUOR TO MINOR— AFFIDAVIT. State of Mississippi, County [-ss. Personally appeared before the undersigned, one of the Justices of the Peace for said county, A. B., who being by me duly sworn, says on oath that C. D., of said county, did, on the day of , 187..., in said 'county, knowingly sell intoxicating liquors to E. F., a minDr under the age of twenty-one years, and not upon In Criminal Cases. 95 the written order of his parents {or (imirdiun) or family physician, against the peace and dignity of the State of Mississippi, and con- trary to the statute in that behalf. A. L>. , Sworn to and subscribed, this ... day of , 1876. J. P. § 2, Acts 1873, p. 97.] No. 210.-SELLING TO AN INTOXICATED PERSON— AFFI- DAVIT. State of Mississun'i, County, ^ss. Personally appeared before the undersigned, one of the Justices of the Peace for said county, A. B., who being by me duly sworn, says on oath that C D. did, on the ... day of , 187..., in said county, sell intoxicating liquors to E. F., who was, at the time of sale, intoxicated, as was well known to said C. D. [or who was tvell knoxcn to said C. D. as a -person in the habit of getting intoxicated), against the peace and dignity of the State of Mississippi, and tlie statute in that behalf. Sworn to and subscribed this ... day of , 187... J. P §2459.] No. 211.~PETITI0N FOR LICENSE. To the Hon. P>(>ard of Supervisors of the county of , State of Mississippi: Or, to the Mayor and Board of Aldermen of the town of , county of , State of Mississippi: The undersigned petitioners would respectfully represent unto your Honorable Board that A. B., who hereby makes application for a license to sell vinous and spirituous liquors in District No. .. , in said county, in less quantities than one gallon, at the house in said District, on the public road, situated on the lands ot (or, in the toion of , in said county, in the house on street, known as the Saloon), for the period of one year, is a person of good reputation, and a sober and suitable person to receive such license; and that the sigivatures hereto are the genuine ones of those signing, or attested in the genuine marks of the petitioners, and represent, as your petitioners verily believe, the majority of the male citizens over t\vent3^one years of age, residents of the Supervisor's District aforesaid {or, o/said town); Theretore your petitioners respectfully ask that license be issued to the said C. D. Names. A. B., G. II. 96 Justice Foiins § 2460— § 1, Acts 1873, page 97. J No. 212.— BOND FOR LICENSE. State of jNIississippi, County, )^ss. Know all men by these presents, That we, C. D., E. F., and G. H., are held and firmly hound unto the people of the Stale of Missis- sippi in the penal sum of two thousand dollars, for which payment well and truly to be made, we bind ourselves, our heirs, ami legal representatives, jointly and severally, tirmly b^' these presents ; signed with our hands and sealed with our seals, this day of , 187.... Tlie condition of the above obligation is such. That whereas, upon petition executed and filed according to law, the Board of Su- ])ervisors of the county of , said State {or, the Mayor and Board of Aldermen oj the town of , in said county,) did, on the day of , 187..., grant and order the issuance of a license to the above bound C. D., to sell vinous and spirituous liquors, in quantities less than one gallon, in District No. ..., of said county, at a certain house on the public road, situated on the lands of , (or, in said toivn, as in the petition,) for the period of one year from this date ; Now, therefore, if the said C. D. shall, during the continuance of said license, keep a quiet, peaceable, and orderly house, as afoiesaid, and will not suffer or permit any riotous or disorderly conduct, or any drunkenness, or any unlawful gaming, in or about the same, or on the premises there- unto belonging, and will, in all things, faithfully observe and keep all the provisions of the statutes in this behalf ; and that said E. F. and G. H., sureties herein, will pay all damages to any i)erson or persons, which may be inflicted upon them, either in person or property, or means of support, by reason of the said C. D., so obtain- ing a license, selling or giving away intoxicating liquors, then this obligation shall be void, otherwise remain in full force and effect. C. D., (seal.) E. F., (seal.) G. H., )seal). §3, Acts 1873, page 77.] No. 213.— PLACES TO BE NUISANCES FOR UNLAWFUL SELLING LIQUOR— AFFIDAVIT. State of Mississippi, County. }-ss. Personally appeared before the undersigned, one of the Justices of the Peace for said county, A. B., who being by me duly sworn, on oath says that C. D., who keeps a tavern {or, hotel, eating house, store, res- taurant, di^ufj store, (jrocery store, coffee-house, billiard room, or other 2)lace of public resort,) in said count3% sells {or f/ives aioay) intoxi- cating liquors, at said tavern, in violation of the Act to provide against the evil resulting from the sale of intoxicating liquors in tile State of Mississippi, and against the peace and di<^nity of the Ill Criminal Cases. 97 same ; wherefore afHunt prays tliattliis ohariic may ho inquired into, and the said tavern dealt wiili accordinji^ to law. A. B. Sworn to and subscribed, this day of ;.., 1876. '. , , J. ]'. NoTK. — Tlic foregoing aflklavit can be made as well against liini wIjo lias a license, as one wlio has not. It should be certainly filed against all who have no license, and against the licensed saloon keeper who permits drunken- ness, riots, or gaming about him, or who, in any other way, violates the law on the sulyect. If convicted, the house is closed as a nuisance, until new bond, &c. § 5, Acts 1873, p. 98.] No. 214.— SUIT BY WIFE, GUARDIAN, CHILD, c^c, AGAINST SALOON KEEPER. State OF Mississiri'i,/ _ ' Injustice Court, County. j ■■■ 'Iiih' , 187... Mary Rainbow, wife of John Rainbow, of said county, complains of A. B., of said county, in this: That said A. B. is tlie keeper and owner of a saloon {or store), where intoxicating licjuors are sold or given away, in said county, and that heretofoi'e, to- wit: on the .... da^' of , J87. ., the said A. B., either by himself or by his agents or emijloyees, did sell or give to said John Rainbow, the husband of complainant as aforsesaid, certain quantities of intoxi- cating liquors, unknown to complainant, which caused, in whole or in part, the drunkenness and complete intoxication of said John Rainbow; that on the date aforesaid, the said John Rainbow, by reason of the intoxication atoresaid, did violently assault and beat this complainant, and did break the bones of the right aim of com\)\sdnnn\, [or, was throi07i from, his horse and so injured that he reraained sick and disabled Jor many days, being unable to/urnish means of su/>portJor complainant, or, any other injury caused by the intoxication, as being beat or wounded in a broil or Jiyht with some one or other, or inj uriny propertu) , to the great damage and distress of said complainant, to-wit: to tlie damage of one hundred and fifty dollars ; wherelbre she brings this suit, and claims the said suni of one hundred and lifly dollars, and prays that said A. B., as also C. D., owner and lessor of the saloon house {or, store house) occupied by said A. W., where said intoxicating litpiors were sold or given away, be summoned to appear and answer this complaint. 3Iaky Rainkonv. Note. — Our laws upon the subject of retailing spirituous liquors, are the best lemperance society within my knowledge, if strictly enforced, but while they remain a dead letter on our statute books, they are monuments of our shame. Religious public ojiinion and the strict and summary enforcement of our lavs, before honest oflicials, inust be the means of redeeming the country from the " mocker, strong drink, which biteth like a serpent, and stingeth like an adder." 7 98 Justice Forms §1, Acts 1873, p. 67.] No. 215.— AFFIDAVIT FOR INFPJNGEMENT OF CIVIL RIGHTS. State OF Mississippi, County. }-ss. Personally' appeared before Uie undersigned, one of the Justices of the Peace for said county, A. B., a citizen of said State, who bein"" by me dul}'^ sworn, on his oath says that C. D., the owner or lessee ot a public hotel in the town of , in said county, known as the Hotel, now mannged and controlled by the said C. D., for the use and benefit of the public and traveling community', did, on the day of , 187..., deny, abiidge and infringe, ou account of race, color and the previous condition of servitude of the said A. B., l)is equal and impartial enjoyment of the accon)mo- dation, facility, privilege and advantage of said hotel; the said A. B. having respectfully demanded and being abundantly able to pay lor the same, as was well known to said C D. ; that the refusal of the said C. D. to grant to said A. B. the equal and impai'tial accom- modation of said hotel as aforesaid, was only for the reason afore- said and none other, and against the statute in that behalf; where- fore the said A. B. prays that the said C. D. may be arrested and held to answer fully in the premises, and be dealt with as shall be just and according to law. A. B. Sworn to and subscribed this day of , 187. J. P. ELECTION FRAUDS. § 2536 and on.J No. 216.— AFFIDAVIT. State of Mississippi, County J>ss. A. B. being duly sworn by me, the undersigned Justice of the Peace for said county, says "that on the day of 187 .., the same day being a general {or special) election day in said county and State, for public officers, and at the election precinct in said county called precinct, in District No. ... of said county, one C, D. did, by violent action, and intimidation and threats; Or, by cursing and abusing the inspectors or clerks of said elec- tion, or the voters there assembled ; Or, by the exhibition of deadly weapons, to-wit: a pistol, in a rude, angry and threatening manner; Or, by attempting to remove the ballot boxes, etc., etc., unlaw- fully disturb said election ; Or, did (§ 2537) vote at said election, not being legally qualified; Or, did vote at said election at said precinct, having voted at precinct in said county, or in county, on the sa.me day; Or, being a resident of District No. ..., in said county, did vote for a member of the Board of Supervisors; §2539.] Or, being an Inspector {or other officer,) of said elec- In Criminal Cases. 99 tioi), :it said prcciiicl, did procci'd to said eU-cLioii wiliioiit liavin;^ tlio ballot l)ox locked and set-iirod, in the rnannor directed ])v law ; Or, being an Ins|)ect<;)r, &c., did open and I'cad, or consented that and should open and read ballots given to him to be dei)Osited in the box, at said election, before they were so put into said box, and without th(; consent of tiie voters giving the same ; ^ 2540.] Or, being an Ins[)ect()r, k,c., did dispose of and deposit the ballot-box with , ai the house of in a manner not authorized by law, before the votes cast at said election were counted ; Oi-, did gi\e the key of the ballot box, he being entrusted there- with, to l)t'fore the votes in said box were counted : {^ 2541.] Or. being an Inspector, (fee., and B. F. objected to bv a challenger, as a person unqualified to vote, did permit said K. F. to vote without proof of qualification, in the manner directed by law; Or, did refuse the vote of E. F., after the said E, F. had complied with the requisites prescribed by law, in proving his qualification to vote, the said C. D. knowing him to be so entitled to vote; Or, did, knowingly, permit PI F., an unqualified person to vote at said election; in violation of the statute in that behalf, and against the peace and dignity of the State of Mississippi. A. B. Sworn to an'-l subscribed, this day of , 187.... , J. P. Note. — The law of the foregoing will be found in sections 2536, 2537, 2539, 2540, and 2541, and should, at all times, when violated, be enforced most rigidly. Good government results from the purity of elections, and " when the righteous are in authority, the people rejoice; but when the wicked beareth rule, the people mourn." FORMS AS A C; O U R T OF IN ( ^ U I R Y . Note. — The following few general forms will assist in cases of felony? brought before Justices for examination. In the examination, if the testi- mony doc^not warrant the charge, or shows that a lesser offense whereof the Justice is authorized by law to hear and determine, has been committed, he must, nevertheless, discharge the pris^oner; but he should arrest him on the lesser charge, or misdemeanor, and proceed to hear and determine the same at once. On a charge for felony, his only duty is to examine the whole case, and hold the prisoner to answer before the circuit court, or to discharge him. His jurisdiction in felonies is only to ascertain if the crime, in his judgment, has been committed — if not, the affidavit falls. He cannot scale the crime and convict, on an affidavit charging a felony, lor a lesser oflense, although included in the gi'eater. g 2G28.] No. 217.— COMPLAINT FOR MURDER. State op Mississippi, County ^ss. A. B. being duly sworn by me, the undersigned Justice of the Peace for said county, says that on the day of , 187.,., at the county aforesaid, one C. D. was feloniously, wilfully, and of malice aforethought, killed and murdered ; and this deponent has 100 Justice Forms just cause to suspect, and does verily hclievc and suspect, tliat the murder aforesaid was committed by E. F.;* wherefore, affiant prays a warrant for the arrest of said E. F., tliat tliis charge may be in- fjuired of. A. B. .Sworn to and subscribed, tliis day of , 187.... '. J. V. ^o. 218.— ACCESSORY AFTER THE FACT. [Repeat tlie above to the *, and add thereto, as follows, to suit the facts:] And that afterward, to wit : on the day of , 187..., at the county aforesaid, one G. H., well knowing the said E. F. to have done and committed the said felony-, did leloniously and wilfully conceal, aid, comfoit, and assist the said E. P\, with the intent and in order that the said E. F. might avoid or escape from arrest {or, trial, or, conviction and 'punishment^ iov the said felony .and murder. [Then pray the warrant, and end as in No. 217.] §2490.] No. 219.— COMPLAINT FOR ARSON. State of Mississippi, Couxty J-ss. A. B., of said county, being by me, the undersigned Justice of the Peace for said county, duly sworn, says that on the day of , 187..., in the nighttime, at said county, one C. D. did, wilfully and feloniously set lire- to and burn {or either) the dwelling-house of E. 1<\, there being aD the time, the family of said E. F., to-wit : his wife, iind daughter [or, any one else) residing therein: Or, in the day time; Or, the shoj), v.arehouse, out-house, or other building adjoining to or within the curtiJage of the dwelling house of E. F., there being 5it the time, the family, &c. A. B. Sworn to and subscribed, this day of , 187, ., J. P. § 2572 .] No. 220.— COMPLAINT FOR RAPE. State of Mississippi, County. }-ss. A. B., of said county, being by me, the undersigned Justice, &c., duly sworn, says, that on the day of , 187..., at said oounty, R. H. did carnally and unlawtuMy know S. T., a female -child, under the age often years; Or, did feloniously assault and forcibly ravish, and carnally and unlawfidly know, S.T., a female above tiie age often years; or, did ndminister to S. T., a female above the age often years, a glass of wine {or, other liquid), containing some substance or liquid, which produced stupor, or imbecility of mind, or weakness of body, and did then and there, without the consent of said S. T., while she was preven'.ed from effectual resistance, by reason of the liquid or sub- stance as aforesaid, feloniously assault the said S. T., and her car- Ill Criminal Cases. 101 nally and iiiilawCully know; coiiti-arv to tlio statute in tliat behalf^ and a(;:ainst tlie jjoacr and tliiiiiilv of Mis.si.ssip[)i. A. B. Sworn to and snl)sriil)od Ixil'oie nie, this d:i\' of 187. . "...J. P. [seal.] .i^ 2521.] No. 221.— COMPLAINT FOR BURGLARY. State of Mississippi, County, ^ss, A. B., of said conuty, being by me, the nndersijjjnod, etc., duly sworn, says, that on the .... (]ay of . . . ., 187. ., at said county. P, R. did feloniously and Inirglariously break ami enter the dwelling house of said A. B., there being at the tiime in said house the wife and daughter [or others) of said A. B., by unlocking the outer door thereof by means of false ke\-s; Or, picking the lovk of the outer door thereof; Or, by bi-eaking the wail, or outer door, window, or sliutter of a windovv, or the lock or bolt of the outer door thereof, or tiie fasten- ing of a window, or shutter thereof; With intent to steal, take and carry away, from said house, divers' goods and chattels therein belonging to said A. B. [or commit amj other crime), contrary to the statute in that behalf, and against the peace and dignitv of Mississippi. A. B. Sworn to and subsciibed before me, this .... da}' of .... 187. . , J. P. [seal. ] No. 222.— COMPLAINT FOR BRIBERY. State of JNIississipi-i, County, ^ss. A. B., of»said county, being by lue, the undersigned Justice of tiit- Peace in and for said county, duly sworn, says, that oii the .... day of 1S7. ., at said county, C. D. did ofier to E. F., the said E. F. being then and there a Justice of the Peace for said county, the sura often dollars (or anythinff else), with intent to in- fluence his opinion and ju(igment,'in a certain action at law therr pending before said Justice (or, C. D. beiini then and there a Jnslice of the Peace, or other officer) for said county, did receive of E. F.. the sum often dollars, for the purp(;se of and with the intent to in- fluence his opinion and judgment, &c., or, otherwise; Or, C. I) being then and there a juror in attendance on the Cir- cuit (or other) Court of said county, did corruptly take [or receive the liromise of) the sum of do.lars (or anytliiiuj else), witii in- tent to influence the verdict of said C. D. in the case of .... vy.. . . .-. then pending in said Court ; Or, oflering such award to any juror; Or, C. D. being then and there an inspector [clerk or canvasser) of an election then being held in said county, did receive iVoin E. F.. the sum of .... dollars [or anything) to influence the voters at said. election to vote the ticket, or his opinion, judgment anch action in relation to saiil election; 102 Justice Forms Contrary lO tlie statute iu that behalf, and against the peace and dignity of Mississippi. A. B. Sworn to and subscribed before me, this .... dav of . . . ., 187. .. J. P. §2667.] No. 223.— COMPLAINT FOR PP:RJUrvY. State of Mississippi, County. \ A. B., of said county-, l)eing by me, the undersigned, &c., duly sworn, says, that on tiie day of , 187 .., at said county, C. D. vvas presented as a witness in a certain case, then pending before PI F., a Justice of the Peace for said county, {or, the circuit court oj said county) wherein R. S. was plaintilf and O. P. defend- ant, on the part of ilefendant, the said Justice {or court) luvving complete jurisdiction over the said case, and full authority and ]>ower to try the same, and to administer oaths to all witnesses sworn u[)on sucii trial; the said C. D. was duly sworn l»y said Justice {or, by the clerk of said court); that the testimony he shall giv in the case uovv in hearing, wherein R. S. was plaintiff and O. P., defendant, shall be the truth, the whole truth, and nothing but the truth, so help you God. And tlie said C. D. being then inter- rogated, as such witness, whether the said A. B. was present at on the day of , 187..., in said county, which inquiry vvas material to tlie issue iu tlie said case, did, wilfully and coi-rui)tly, depose and falsely swear that said A. B. was present as aforesaid, when, in truth and faet, the said A. B. was not so present or in said county on said day; wherefore, the said C. D. did, then and there, before the Justice {or court) aforesaid, on the day afore- said, wilfully and corruptly, swear falsely and commit wilful and corrupt perjury, contrary to the statute in that behalf, and against the peace and dignity of Mississippi. Or, C. D. pi-esented himself at i)recinct as an elector, a gen- eral {or special) election beii)gthen and there held for public oflu-ers, and declaring that he had lost or mislaid his certificate of registra- tion, but. desiring to vote, the following oath was administered to him l)y the inspector {or registrars) liolding said election; the said iuspc'tors {registrars) iiaving full authority and j^ower, and being required by law to administer such oath, under the circumstances aforesaid (here set out the o-ith), and the same being attached to the ballot offered by the said C. D., was, by said inspectors, {registrars) deposited in the ballot-box; the said C. D. having wilfully and corruptly sworn falsely in taking said oath; for, in truth and fact, the said C. D. had, on said day, voted at precinct, in said county, on his registration certificate, which he then had, tbe same being maiked and dated according to law; wherefbi'e, the said C* D. did, then and there, before sai(l insitectors {or registrars) afore- said, on the da}^ aforesaid, wilfully and corruptly swear falsely and commit wilful and c(>rru[)t perjury, contrary to the statute in that behalf, and against the ])eace ami dignity (jf Mississipiti. Sworn to and subscribed this day of , 187... J. P. In Criminal Cases. 103 §2710.] No. 224.— COMPLAINT IN MAYHEM. State OF Mississippi, County. }-ss. A. B., of said county, being hy me, liio undersigned Justice of the peace for said county, duly sworn, sa3-s that on the day of , 187..., in said county, C. D., from premeditated design, {or with intent to kill or commit a felony) did, unlawfully and felo- niously, assault the said A. B.,and did, then and there, bite off the ear of the saitl A. B. (o?% fjouge out the eye, slit or bite off the nose or fonyite, d'c.,) against the jjeace and dignity of Mississipi>i. Sworn to and subscribed this day of , 187... § 2497.] No ^25.— COMPLAINT IN ASSAULT AND BATTERY WITH INTENT TO KILL. State OF jMississippi, County. J>ss. A. B , of said county, being by nie, the undersigned Justice of the Peace for said county, duly sworn, says that on the day of....... 187. ..> at said county, E. F. did, willfully and feloniously shoot at him, the said A. B., with a certain gun, then and there loaded and charged with powder and lead, with intent to kill and murder him, the said A. B. ; Or, to maim, ravish, or rol)- Or, with intent t> cunnnit burglary, larceny, or other felony; Against the peace and dignity of the State of Mississippi; Oi', did wilfully and feloniously attempt to discharge a certain gun or pistol at the said A. li., loaded and charged with powder and lead, with intent, ss. A. 3., of said county, being by me, the undersigned Justice of the Peace for said county, duly sworn, says, thaton the day of , 187...., at said-county, one C. D. did, unlawfully, ngainst the will of the said A. B., and by force (or, menace, fraud, deceit, slrateyem, or duress, take her, the spid A. B., and compel (or induce) her to marry (or, be defied by) the said A. B. (or any other ])erso7i ;) or, with intent to marry, ttc. ; against the peace and dignity t)f the State of JMississippi. A. B. Swoi'n to and subscrilied, this dav of 187... ■ , J. P. lOi Justice Forms § 2529.] No 227— ABDUCTION OF FEMALE UNDER FOURTEEN YEARS. State of Mississippi, County, ^ss, A. B., of said county, being by me, the undersigned Justice of the Peace for said county, duly sworn, says that on the day of , 187..., at said county, G.'H. did, maiicioiisly, willfully, and fraudu- lently tnke, lead, carry away {take, decoy, and entice aivaij) C. D., a female under the age of fourteen years, from the protection and charge of , her father (or, mother, guardian, &c.,) without his consent, with intent to detain or conceal said C. D. from the said , for the purpose of marrying the said C. D. (or, for the purpose of prostitution or coucubinage on the body of said C. D ,) against the peace and dignity of the iState of Mississippi. Sworn to and subscribed, this day of , 187. A. B. J. P. § 2530.] No. 22S.— COMPLAINT FOR SEDUCTION. Spate of Mississippi. County. J-ss. A. B., of said county, being by me. the undersigned Justice of the Peace for said county, duly sworn, says that on the day of , 187..., C. D., at said county, did seduce and have illicit connection with ¥.. ¥., a female child under the age of sixteen years, the said E. F, being of previous chaste character, against the statute in that behalf, and the peace and dignity of the State of Mississippi. A. B. Sworn to and subscribed, this day of , 187... ]S[oTE.— In the affidavit No. 228, foregoinp;. the testimony of the female, alone, will not convict. It must be supported by other evidence, either posi- tive or circumstantial, sufficient to convict. §2657.] No. 229.— COMPLAINT FOR BUYING OR RECEIVING STO- LEN GOODS. State of Mississippi, County: A. B., of said county, being by me, the undersigned Justice of' the Peace for said county, duly sworn, says that on the day of , 187..., at said county, E. F. did buy of (or receive from) C. D. a certain lot of cotton in the seed (or anything else), he, the said E. F., knowing the same to have been feloniously taken and carried away from him, the said A. B., against the peace and dignity of the- State of Mississippi. _ ^- ^^• Sworn to and subscribed this day of , 187... ,J r. In Criminal Cases. 105 § 2652.] ' No. 230.— COMPLAINT FOR GRAND LARCENY. State of jNIississipri, Countv. ^ ss. A. B., of said county, being b}' me, tlie undersigned Justice of the Ponce for the said county, duly sworn, says tiiat on the da}' of , 187..., at said county, C. D. did feloniously take and carry away the personal property of said A. B., to-wit (here describe property stolen), of the value of twent3'-five dollars (or more) against the peace and dignity of the State ot Mississii)i)i. A. B. Sworn to and subscribed this day of , 187.... .J. P. §2505.J No. 231.— COMPLAINT IN BIGAMY. State OF Mississippi, County, ^-ss. A. B., of said county, being by me, the undersigned Justice o^ the Peace for said county, duly svvorn, says that on the day of 187...., at said county, E. R, being then a married map (or woman), whose wife (or husband) was then living, did willfully and feloniously marry and take to wife (or husband) one G. H. ; Or, being an unmarried person, did feloniously .and knowingly marry the wife (or husband) of C. D.; Against the peace and dignity of the State of Mississippi. A. B. Sworn to and subscril)e, all that certain piece of land, situate in said county and State (o?" el.seiohcre), and descrii>ed as tlie southeast (luarfc" of sec- tion four in township six of range eight east, containing one hun- dred and sixty acres, more or less, with all and singular the hered- itaments and a[)purtenanees thereunto belonging, or in an\'vvise ap- pertaining. In witness whereof, we have hereunto set our hands and teals, the day of 1S7... Joiix I)oi;. [SICAL. I Makv Doe, [ s);ai>.J No. 234. -WARRANTY' D?:ED This indenture, made this day of , 187..., between A. ]>., of the county of , and the State of Mississippi, [and C. B., his wlfe\, parties of the first part, and E. F., of said country and State, party of the second part, witnessetii: That said parties of the first part, for and in consideration of the sum of dollars, to them in hand paid by the said ivii'ty of the second part, at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, have granted, bargained and sold, and by these presents ilo grant, bargain, sell and convey, unto the said party of the second part, and to his heirs and assigns forever, all that certain piece of land, lying and being in said count}^ and State, and described as the soutiieast quarter of the northeast quarter, and the east half of the southeast quarter, of section tvventy-five. in township ten, of range nine, east, containing one hunlred and twenty acres, more or less, to have and to hold the same, together with all and singular the tenements, hereilitaments and ap|)urtc- nances thereunto belonging, or in any wise appertaining, unto the said party of the second part, his heirs and assigns forever. And the said A. B. and C. B , for themselves and their heirs and legal representatives, the said premises in the quiet and peaceable pos- session of the said E. F., his heirs and assigns, against the said parties of the lirst part, their heirs and legal rei)reseutatives, and against all and every person whorasoevtn-, lawfully claiming or to claim tlie same, shall and will warrant, and by these presents forever defend. In witness whereof, the parties of the first part have hereunto set their har.ds and seals, the day and 3'ear first above written. A. B. (seal.) C. B. (seal.) No. 235.— WARRANTY DEED, WITH VENDORS' LElN. This indenture, made this day ot , 187..., betwcn A. B. and C. B., his wife, of the county cd" and the State of Mississippi, })arties of the first part, and E. F.. of said county and State, party of the second part, witnesseth: That s:iid parlies (tf the 108 p Miscellaneous Forms. first part, for and in consideration of the sum of dollars, i)aid and to be paid, as follows: that is to say, dollars to them in hand, paid at or before the sealing and deliveiy of these presents. the receipt of which is hereb}^ acknowledged; dollars to be due and |)ayable on or before the day of , of 187..., and evidenced by tiie promissory note of said party of the second part. dated this day of , 187..., payable to said party (or parties) of the lirst i)art, or order, on the date aforesaid, for the said sum of dollars, with interest from maturity (or date), at ... per cent per annum; and dollars to be due and payable on or be- fore the day of , 187..., and evidenced by the promis- sory note of the said party of the first part, dated this day of ....' 187..,, payable to the said party (or 'parties) of the second })art, or order, on or before the day of 187..., for said sum of dollars, with interest fn^n maturity (or date), at ... per cent, per annum; to secure the payment of wiiich said promissory notes at the several dates thereof, a lein is hereby reserved upon all and singular the land and real estate hereinafter granted and sold in favor of said party (or parties) of the first part, their assigns and legal representatives. Now in consideration of the premises, and the i)ayment of said df)llars in cash, and the execution and de- livery of the two said notes to the said party (o?- ^jari^e.s) of the first part, they have granted, bargained and sold and conveyed, and by these presents, do grant, bargain, sell and convey, unto the said party of the second part, the following described land, lyins: and being in said county, to-wit: (here set out the description in lull), to have and to hold the same, together with the appurtenances thereto belonging or in anywise appertaining, unto said party of the second part, "and unto his heirs, assigns and legal representatives, in fee simple, forever. And the said party (o;- jjr/r^/es) of the first part, for themselves, their heirs and legal representatives, do hereby cov- enant and agree unto the said party of the second part and with his heirs and assigns, that they will, and their heirs and legal repre- sentatives shall, "warrant and forever defend the title of said land against the lawful claims and demands of all ])ersons whomsoever. In witness whereof, the said parties of the first part have here- unto srt their hands and seals, the day and year first above written. [seal.] [seal. J No. 238.— DEED OF TRUST TO SECURE NOTP:. This indenture, made tiiis day of , 18..., between A. B., of county, of the first part, C. D. of county, of the seco;;d part andE. F., ((f county, of the third part, and all of the State of Mississii)pi, Witnesseth : That, whereas, A. B. is justly indebted to C. D. in the sum of five hundred dollars as evidenced by his certain promissory note of even date herewith Miscellaneous Forms. 109 (()?• of date prci'iotis) duo iitul payable to tlio said C. I)., or order, on or before llie ...- day of , 18... willi interest from date (or VHilurify) at llie rate of ten per cent, per annum; and, whereas, tlie said A. B., party of the first part, is desirous of secnriiiti; the prompt payment of the money in said note menti'incd, witli mH interest and eiiariies at the nii'.tuiity of the s.-inio. does hereby "rant, bargain, sell and convey, for and in consitlcration of the premises aloiesaid. and the further sum of one ch)llar to iiiin in hand paid liy the said K. F., (hcrebij ap^yointcd and cortstiliited trustee in this behalf ,) [)arty ol the third part, the receipt ot whicii is hereby acknowlediicd, unto the said E. F. , trustee, all that certain ])iece of land lying and being in said county, and descriljcd as follows: (Let the description he very accurate. If hij hnul numbers, it -/.s suflioicnt; jwi down section, township and range.) Containing acres, more or less, to have and to hold the same with all, and sin- gular, the appurtenances thereunto belonging or in anywise apper- taining unto the said K. F., party of the third part, and unto his legal representatives and assigns, in fee sim|)le, forever; In trust, iiovvever, and for the following purposes, and none otlier: It is agreed that the said premises shall remain in the undisturbed pos- session of the said A. B., party of the first part, until the maturity of saitl note, and that ujjon the full payment of the same, and ail interests and charges by said A. B., or others for him, this deed -sliall be void and of none effect and so noted by said trustee on the public records; but should the said A. B., party of the first part, or other for him, make default and fail to pay said money, with all interest thereon, ami charges for the execution of these presents, according to the tenor and effect of said promissory note, at the maturity thereof, then the said trustee, party of the third part, is hereby authorized, and it shall be his duty, without lurtLier notice to the said A. li., to advertise said land for sale, by giving thirty days' notice of the time, place and terms of sale, with a descrii^tion of the i)remises and on what account sold, by posting in three or more public places in said county, written notices thereof; (or, b}' pub- lishing the same in such newspaper as may be agreed upon,) and at the time and place api)ointed shall proceed to sell the same at public outcry, for cash, to the highest bidder. From the proceeds of such sale said trustee shall, at once, pay and satisfy said promissory note, with all interest thereon, and the cost and charges of execu- ting this trust, making and executing full warrantee deeds to the purchaser, or purchasers, ot said land; and should there remain any balance in the hands of said trustee, he shall, at orice, pay all such money over to said A. B., or to his legal representatiyes. Should the said E. F., trustee, from any cause, be unable to act in the premises, the said C. D., i)arty of the second part, is herebv author- ized to ap[)oint a trustee in his place. In witness whereof. The said party of the first part has hereunto set his hand and seal the da\' and j^ear first above written. A. B. [seal.] 110 Miscellaneous Forins. ^o. 237.— DEED TRUST ON GROWING CROP TO SECURE ADVANCES, ]S[oTE.— In the following, land and personal property may be included, but the form is prepared under Sec. 4 of the Agricultural Lien law of 1873. The parts in brackets, insert or leave out, to suit the case. This indenture, made this day of , 187..., between A. B., of count.y, of the first part, C. D., of county, of the second part, and" E. F., of county, of the third part, all of the State of INIississippi, witnesseth: that whereas, the said A. B. [is justly indebted to the said C D. in the sum of dollars, evidenced, etc. (as in Form No. 23())J; and wlicreas the said A. B. expects the said C D. to make advances to him of money, family and plantation supplies \and merchuvdise] during the year 18 for the purpose of assisting him to cultivate and make a crop in said county during said year; Now, therefore, to secure all said advances {and 'the indehtedness aforesaid), as well as ten per cent, upon the amounts thereof upon settlement, the said A. B., party of the first part, for and in consideration of the premises, as for the furtlier consideration of one dollar to him in hand paid by said E. F., hereby appointed and constituted trustee in this behalf, party of the third part, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell unto the said E. F., trustee, the following proi)erty, to-wit: {Insert any i^ersonal propertij or real estate, if ainj he cjranted, with full descrirtion.) All the crops of cotton, corn, peas and potatoes to be cultivated and raised by the said A. B., or others for him {or his share thereof), during said year in said county, to have and to hold the same to him, the said E. F., and to his legal repre- sentatives and assigns forever: In trust, nevertheless, for the following purposes, and none other: if the said A. B., party of the first part, or others for him, shall fully pay and satisfy (the said indehtedness) what may be justly due to said C. D. for tiie advances aforesaid, as well as the ten per cent, upon said amounts, and all costs incurred in this behall, on or before the 15th day of November, 18..., then this deed to be void and of none effect; but if default is made in said payments, or any of them, the said E. F., trustee, shall at once, without further notice to said A. B., take all said property into his possession, and after giving ten days' notice of the time, place and property to be sold, by wHtten notices posted in three or more public places in said county, shall sell said pro])erty, or a sufHcient portion thereof, to m,.ke'said payments, for cash, at public outcry, to the highest bid- der, at the time and place appointed. If any balance shall remain after making said payments, the said trustee is hereby required to deliver the same to said A. B., or to his legal representatives. Should the said E. F., from any cause, be unable to execute this trust, then the said C D. is authorized to appoint a trustee. And if, at any time, the said trustee i^hould have good reason to believe that said property, or any part thereof, is endangered as a security Miscellaneous Forms. Ill in this behalf, he shall, and is liereby authoi-izcd, to seize! the same wherever Ibiind, and hold till said i)ayiiients are made;, or until said property shall be sold by virtue hereof; but until demanded b}' the trustee, said |)roperty can remain in possession of said A. B. In witness whereof, the said i)arty of the first pait has hereunto set his hand and seal the ye:ir and da}' first above written. A. B. [seal.] No. 238.— DEED OF TRUST FOR ADVANCES. Note. — The publishers insert the following form, blanks of the same being kept by them in stock, and being extensively used by merchants: This deed of trust, made this day ol , A. D. 1S7..., Witnesseth: That, whereas, , part... of the first part indebted to in the sum of dollars, on and whereas, said part... of the first part expect said to advance money, supplies and merchandise during the year 187...; and, whereas, said part... of the first part... agreed ♦^.o secure the pay- ment of said sura, as, also, any further amounts that may be advanced as aforesaid and not mentioned herein. That tlie part... of the first part, in consideration of the premises, as well as for ten dollars to , paid by , trustee, do., hereby bargain, sell and convey to said trustee the i)roperty, being in ...... county, JNIississippi, and described as follows: (here describe property.) The title to which unto said trustee or any successor, warrant... and agree... foreverto defend: in trust, however, that if said part... of the first part shall, on or before the day of , 187..., pay what may be due said , as aforesaid, and all costs incurred on account of this deed, then tnis deed to be void; but if default is made in said payments, the trustee shall take possession of said property and having given .... days' notice of the time, place and terms of sale, by ,sell said property or a sufficiency thereof, to make said payments, for cash, at public auction, at ...... And said , or his legal representative, can, at any time .... ma\' desire, apjioint a trustee in the place of ..... ., or any siicceedino- trustee. And should the trustee at any time believe said propertv, or any i)art thereof endangered as a security for said payments, he shall take the same into his possession and hold till said pavments arc made, or till said property is sold as aforesaid; but until demanded by the trustee for either of the purposes as aforesaid, said part, . of first part can hold the same. It is further distincth^ understood and agreed between the parties aforesaid, that this deed is made and intended to secure an}' advances on account of the crop of 187. ., made after the .... day of . . . ., 187. ., and not mentioned herein. In testimony whereof, said ..,-. . ha., hereto set .... hand., and seal. ., on the date above written. , [l. s.] , [L.S.J 112 Miscellaneous Forms. No. 239.— DEED OF TRUST FOR KENT. Whereas, ha. . ■•entcd l"rf)in , for tlie year 187. ., acres of land, beiiif? part of plantation, situated in the county of , Mississippi, and for which .. . agree to pay rent as follows : {Ilcre state the tenm/nUi/.] liave also agreed to cultivate said land in a proper uianner, and to keep the fences bor- bering on the same in fit condition to turn stock ; And being desirous to secure the i)rompt payment of said rant, as aforesaid, when the same is due, agree and covenant that all the crops of corn, cotton, and other products raised on said land in the year 187 . . ; and also the following other personal property, to-wit: [ Describe •property.'] be, and the same is hereby mortgaged, and pledged, and subjected to a lien in favor of said . ., for the payment of said rent, and the faithful performance of this con- tract. And .... bind to cultivate, gather, and put into market- able condition, as soon as practicable, enough of the crop of cotton, and to deliver the cotton as fast as baled, to the said , to be sold by , , at , the net proceeds lo be applied by to the full payment of indebted- ness to Now, if should in all things comply with these obliga- tions aforesaid, then this deed to be void; but if fail to comply with the conditions theieof, then it is agreed that acting as trustee and agent of both contracting parties herein, is authorized and empowered to seize all the property above enumer- ated, and to sell the same by public or private, sale, at , after giving days notice in three public places in said county, and to i)ay the amount due on this contrnct, and any ba'anco left after satisfying the debt, to be'paid over to And the said , trustee, is further empowered to emplo}^ labor to pick the cotton in case fail to do so at the proper time, charging us for the same. [Insert any other conditions.'] Given under hand... and seal.. , this day of , 187 „ [L. s.] ., [L. S.J ., [l.s.] No. 240.— DEED OF TRUST FOR RS:NT AND SUPPLIES. "Whereas, has rented from , for the year 187 . ., acres of land, being part of plantation, situated in the countv of , ^Mississippi, and for which . . agree to pay rent as follows: (here state the terms fully); have also agreed to cultivate said land in a proper manner, and to keep the fences bor- dering on the same in lit condition to turn stock: And whereas, .. desires to procure, during the year 187, from said , advances in money, supplies, etc., tor the purpose of cul- Miscellaneous Forms. H*^ tivatiug said luiid, to tlie amount of And .... buing desirous to secure the prompt pa3'ment of said rout and advances, as aforesaid, wlien the same is due, .... agree and covenant that ad the cro[)s of corn, cotton and other products raised on said land in the year 187.., and also the following other personal property, to-wit: (here descrtbe particuUn-li/ the personal j^roperfy), be, and the same is hereby mortgaged and pledged, and subjected to a lien in favor of said ....' , for the payment of said rent and advances, and the faithful performance of this contract. And .... bind to cultivate, gather and put into marketable condition, as soon as practicable, enough of the crop of cotton, and to deliver the cotton as fasr. as baled to the said . . , to be sold bv .... at . . . , the net proceeds to be applied by to tiie full payment of .... indebtedness to . iSfow, if ... should in all things comply with these obligations aforesaid, then this deed to be void; but if fail to comply with the conditions thereof, then it is agreed that . . . ., acting as trus- tee and agent of both contracting parties herein, is authorized and empowered to seize all the property above enumerated, and to sell the same by public or private sale, at , after giving . . days' notice in three public places in said county, and to i)ay the amount due on this contract, and any balance left, after satislying the debt, to be paid over to And the said , trustee, is further empowered to employ labor to pick the cotton in case fail to do so at the proper time, charging us for the same. (Insert any other conditions. ) Given under our hands and seals, this .... day of , 187.. [seal.] [SEAL.J [seal.] No. 241.— BOND FOR TITLE TO REALTY. Know all men by these Presents: That we, , as principal, and , as his surety, are held and firmly bound to , in the penalty of .' dollars, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severalh% firmly by these presents; signed with our names and sealed with our seals, this day of A. D. IS... The condition of this bond is such, that, whereas, said has bargained and sold to said certain tracts of Land, {here describe tliem), at and for the sum of five thousand dol- lars, payable on the day of 18.... Now if the said sum shall be duly paid, and if thereupon said , shall, by deed, alien and convey to the land above described, with general warranty, then this obligation to be void, otherwise to remain in full force and virtue. , [seal.] , [seal.] , [seal.] 8 lU Mis cellajieous Forms. No. 242.— DEED OF GIFT. State of Mississii'pi, Codnty: Know all men by these Presents: That I , for and in consideration of the natural love and affection which I have and do bear toward niy beloved son, , have this day given and granted, and delivered, and by these presents doth give, grant and deliver unto my said son, the following property, to-wit: (here describe the property.) To have and to hold the same unto my said son, and to his heirs and assigns forever. In testimony whereof, I, the said , have hereunto set my hand and seal, this the day of , A. D. 18.... . , [seal.] No. 243.— DEED WITH FULL COVENANTS., Know all men by these presents, that we, John Jones, and Sarah, his wife, of the town of Greensboro', in the county of Choctaw, for and in consideration of the sum of two hundred dollars, to us in hand now here paid, have granted, bargained, sold, and by these presents do grant, bargain, sell and convey unto James Brown, of the same place, all that certain parcel of land situated in the said town of Greensboro', and descril3ed as follows: Or, which in a deed of conveyance made by Samuel Baker to the said John Jones, dated the 4th day of February, ISGO, was described as follows (Jiere insert boundaries): With all the appurtenances, and all the right, title, interest, claim and demand of us, or either of us in the premises; to have and to hold the same, with all the appurtenances, unto the said James Brown and his heirs, in fee simple forever. And we, the said John Jones and Sarah, his wife, for ourselves and our heirs do hereby covenant and agree to and with the said James Brown, and his heirs and assigns, that we are now the owners of the said premises, and are seized of a good and indefeasible estate of inher- itance therein, and that we have full right and power to sell and convey the same in fee simple absolute; that the said premises are free and clear of all incumbrances; that the said James Brown, his heirs and assigns, may forever hereafter have, hold, possess and enjoy the same, without any suit, molestation or interruption, by any person whatever, lawfully claiming any right therein; and that we, the said John Jones and wife, and all persons hereafter claiming under us, will, at any time hereafter, at the request and expense of the said James Brown, his heirs and assigns, make all such further assurances for the more effectually conveying of the said premises, with the appurtenances, as may be reasonably required by him or them; and that we, the said John Jones and wife, and our heirs, will Avarrant and defend the said premises, with the appurtenances, unto the said James Brown, his heirs and assigns forever. Miscellaneous Forms. 11^ In testimony whereof, we have hereunto set our liands and seals, this 23a da}- of September, A. D. 186S. ' John Jones, [seal.] Sakaii Jones, [seal.] No. 214.— ADMINISTRATOR'S DEED. This deed of conveyance, made and entered into tliis day of , A. D., 18..., between , administrator of all and singular the goods, chattels and credits which were of , deceased, late of county of , in the State of Mississippi, of the one part, and , of the same county and State, of the other part, witnesseth; that, whereas, at a term of the chancery court of said county, begun and held at the court house thereof, on the Monday in 18..., it was among other things, ordered and decreed that the said party of the first part shoukl sell, on a credit of twelve months from the day of '^ale, all that certain tract of land situate, lying and being in said county of , containing about acres of land, more or less, and described as follows, to- wit {here describe land). And, whereas, in pursuance of said decre- tal or order of the court aforesaid, the said party of the lirst part, as administrator aforesaid, did regularly give notice of the time and place of sale in a newspaper published in the town of , in said county and State, called the , four weeks succes- sively, commencing on the day of , 18..., and ending on the day of , IS..., and by posting copies of such notice on the "day of , 18. ., at the following public places in said county, viz: one copy thereof on the door of the court house; one copy on the door of the post oMice at , all in said county; and in accordance with said notice, the said party of the first part did, on the day and year first in these presents written, at the late residence of said , deceased, between the hours of 12 o'clock M. and 5 o'clock p. m., otter the said tract of land, with appurtenan- ces, for sale, to the highest bidder; and the said then and there bid for the same Uie sum of dollars, which being the highest and best bid therefor, the said premises, with the appurte- nances, were struck off to him. Now this deed witnesseth: that in consideration of the premises, and that the said hath executed and delivered his bond, with as his joint security, for the payment of the said sura ol dollars, twelve months after the date of these presents, which, by law, operates as a special mortgage or lien on said tract of land and appurtenances, the said party of the first part has this day bargained, sold, aliened, conveyed and confirmed, and by these presents does bargain, sell, alien, convey and confirm unto the said , his heirs and assigns forever, all the above described tract of land, with all the tenements, hereditaments, privileges and ap- purtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest ^md claim whatsoever, at law or in 116 Miscellaneous Fottus. equity, of him, the said , deceased, his lieirs, executors or- administrators of, in and to the same. To have and to hold the above gi'ftnted, bargained and described premises unto him, the said , his heirs and assigns, to his and their only proper use, benefit and behoof, forever, as fully and effec- tually, to all intents and purposes in the law, as he, the said party of the first part, might, could or ought to sell and convey the same by virtue of the decretal order of the court aforesaid. In witness whereof, the said party of the first part hath hereunto set his hand and seal the day and 3'ear first in these presents above written. , [seal.] Administrator. Signed, sealed and delivered') in presence of [ No. 245.— TAX COLLECTOR'S DEED. I, , Tax Collector of county, have this day,. according to law, sold the following lands, there being no other propertyfound on which to levy and make the taxes due on said land, to wit: There describe the land], for the taxes assessed to the reputed owner thereof, for the year 18..., when became the best bidder, at the sum of dollars. I, therefore, sell and convey said land to the said , his heirs and assigns, forever- Given under ray hand and seal, the day of , A. D. 18.... , Tax Collector. Bill of Costs.— State tax ; county tax ; special tax......; printer's fees ; chancery clerk's ; damages ; commis- sions ; making deed ; total State of Mississippi, County: Personally appeared before me , Clerk of the Chancery Court of said county, , Sheriff and Tax Collector of said county, who acknowledged that, as said Tax Collector of said count.y, he signed, sealed, and d'elivered the foregoing deed, on the day and year "therein mentioned, as his oflflcial act and deed. Given under my hand and seal of office, at , this day of , A. D. 187... , Clerk, [seal.] State of Mississippi, County: I , Cl'erk of the Chancery Court of said county, do hereby certify that the within deed was filed in my office, to be recorded ia. Miscellaneous Forms. H'i' "Tax Collector's cIccmI hook , pa^i^e , of tlic records of deeds. Given under mv liand and seal of olllce, at , this da}' of , A. D. 187... , Clerk, [sEAL.j No. 246.— SHERIFF'S DEED. This indenture, made and entered into this , day of , in the year of our Lord one thousand eighteen hundred and seventy..., betvvcen , Sheriff of county, Mississippi, of the one part, and , of the other pnrt ; Witnesseth, That, whereas, writ... lately issued from the Circuit Court of county, Mississippi, directed to the Sheriff" of county, in said State, at the suit of , against the goods and chattels, lands and tene- ments of , which said .\... levied on the following lands, to-wit: [here describe lands], with the appurtenances, as the lands and tenements of the above named defendant, , and the said Sheriff" havir.g given... days previous notice that the above described will be sold at public auction, by virtue of said writ of on the ... day of , 18..., between the hours of eleven o'clock, a. m. and four o'clock, p. m., of said day, at the , in said county, did, at the same time and place, offer said premises for sale, at public auction, and the said , party of the second part, then and there appeared, and bid for the premises the sum of dollars, wdiich said sum was more than any other person offered or bid for the same ; whereupon, the said ...... were struck off to the said , .. being the highest and besit bidder therefor. Now, this indenture witnesseth, That the said , Sheriff afore- said, for and in consideration of the premises, and of the sum of dollars, to him, the said Sheriff", in hand well and truly paid by the said , at and before the sealing and delivery hereof, tJie receipt whereof is hereby acknowledged, hath this day bargaiued, sold, alienated, and conveyed, and by these presents doth grants bargain, sell, alien, and convey unto the said , heirs and assigns, for- ever, all and singular, the above described premises, hereditaments, privileges, and appurtenances thereunto belonging, or in any way appertaining ; to have and to hold the said premises of the above named defendant, and all the right, interest, title, or claim, both in law and in equity, of , the said , with all the privileges and appurtenances, in or to the same, unto the said , heirs and assigns, forever. In testimony whereof, the said , Sheriff as aforesaid, hath hereunto set his hand and seal, the day and year above written. '.., Sheriffof county, Miss. No. 247.— COMMISSIONER'S DEED. This deed, from , Commissioner in Chancery, to , of the county of and State of Mississippi, madt 118 Miscellaneous Forms. ^Iiis day of , A. D. 18..., witnesseth: that, whereas^ the chancery court of county, by its decree of the day of A. D, IS..., in a cause therein between ^ comphiinant, and , defendant, appointed the said its commissioner, with power and direction to advertis^e and sell',' as directed, the following: And whereas, the said pursuantly did duly advertise the same, and the day and place of sale, and on the day of , A, D. 18..., at did expose to sale the lands aforesaid, and at such sale the said became the highest, last and best bidder and purchaser of said lands, at and for the sum of dollars. Therefore, the said , as such commissioner, in consid- eration of' the premises, doth hereby alien and convey to the said tli'e lands so purchased by , and doth hereby transfer, convoy and deliver to, said lands; to have and to hold the said lands hereby intended to be conveyed, with the appur- tenances, to said , and heirs and alienees, so by him pur- chased, in perfect right, free from and against the right, title, claim or demand of the said , and heirs and assigns, and all other persons, so far as said , as such commissioner, by virtue of the proceedings aforesaid, and the laws of the land can or ought to alien, convey and deliver, but in no other degree. _ And he hereto puts his name and seal, on the day and year first written. , [seal.] Commissioner. No. 248.-^LABOR CONTRACT FOR WAGES. This agreement between of county-, Mississippi, employei-^ and , laborer; Witnesseth, That said herel)y hires said laborer as a , from this date until ; and for faithful services to be rendered in said employment, by said laborer, during all that time, the said employer agrees to pay said laborer dollars per month, payable at the end of every months; and in addition, the said hereby agrees to fur- nish said laborer, free of charge, during the time of said service, with (Jiere describe what may be agreed upon ) And said laborer, in consideration thereof, hereby agrees to ren- der to said employer, or his agent, for and during all of said term, due obedience and faithful service, and well and promptly to per- form all work in the line of h... duty, in accordance with the in- structions of said employer or bis agent, and to bestow due care and attention in all things, upon all property and interests committed to said laborer's charge and keeping, and will faithfully account, or pay for the same, to be deducted out of said laborers wages, so far as tlie same will pay; and will discharge, in all things, the duties of a faithful servant. And it is hereby understood, and mutually agreed, that the wages of the said laborer are to cease during such times as said lal)orei-^may be absent without leave, each absence not to count less tlian one day; and said employer, or agent, may, at any Miscellaneous Forms. 110 time, discluifge said laboi-cr fur such absence or habitual neglect of dut}'. Also, that for time lost by sickness, a proportional deductioH shall be made in the next succeeding settlement; and the said laborer shall be charged with the actual cost of medical attendance, medicines, and other supplies furnished h... during such period of sickness. And it is further agreed, that the said employer reserves the right to eslablisii such rules and regulations for the government of his plantation or premises, as he may deem proper, not inconsist- ent with this contract, and the laws of the State of Mississippi. Given under (nir hands, in duplicate, this day of A. D. 18.... , [seal.] Witness : . . . , [seal. J No. 249— CONTRACT FOR SHARE OF CROP. State op Mississippi, County. This contract and agreement, made and entered into this .... day of , 18. ., by and between , of the first part. and , of the second part: Witnesseth, That the said has this da}" employed the said , for the year 18. ., [or, until the crop of said year is gathered and ready for market, at option of employer,) to labor upon his farm as here- inafter provided ; and it is hereb\^ understood and agreed that the said laborer shall be subject to the orders of his employer or super- intendent; that he is not to leave the premises without permission llrst obtained; that he is to labor faithfully on all week days, during such hours as the emploN^er may prescribe, that he will take good and faithful care of all utensils, implements, wagons, horses, mules, and other property in his charge, and be responsible for their loss, and for all damages, except for wear and tear by necessary use. And it is agreed, That a failure to comply with the conditions of this contract subjects the said to be discharged, or charged with loss of time. It is agreed, by the said , that in consideration of the foregoing services, the said laborer shall be entitled to one .... of the crop — (that is, all the laborers on the 2ylantation shall be entitled to one .... of all the crop they assist in making) — after deducting from the quantity of corn raised, a proportional share for the necessary leed of teams; and the said agrees to furnish the said with lodgings, free of charge, and with the fol- lowing supplies, at cost price : per week; and no other supplies to be advanced exce[)t at the option of employer. And it is further understood and agreed. That the said laborer shall pay his own doctor's bills, buy his own clothing, and pay all other expenses, of every descri[)tion, of himself and those depend- ant upon him. 120 Miscellaneous Fojins. And it is farther understood, That said shall retain a lien on so innrh of the crop as will pay whatever arrearages may be due him at the end of the season, and the same shall not be moved or Fold until said claims are first satisfied. In testimony whereof, the parties have signed duplicates. , [seal. J Witnesses : , [seal.] No. 250.— FORM OF CONTRACT FOR WORK. These articles of agreement, made and executed this 2Sth day of December, 1876, between Anthony Warren, of the one part, and Robert Jones, carpenter, of the other part: witnesseth, tliat the said party of the first part, hath this day employed the said Robert Jones to erect and build for the said Anthony Warren, a dwelling- house, on the premises of the said Anthony' Warren, in the tount^'' of Washington, in tlie State of Mississippi, of the following dimen- sions ami specifications, to-wit : [here insert s'pecijications.) That said biiikling shall be completed and ready for occupation by the 2d day of March ; that on the completion of said building or dwell- inghoiise, the said Anthony Warren is to pay to the said Robert Jones the sum of one thousand dollars, provided said work shall have been done according to said specifications. In testimony whereof, the parties have signed and sealed this article in duplicate, the day^ and j-ear first above written. Anthony Warren, [seal.] Attest: Robert Jones, [seal.] Amos Jackson,! James Owens. [ No. 251.— FARM LEASE. This Indenture, made and entered into this day of ,18..., between , landlord, of the first part, and tenant, of the second part, both of the county of , and State of Missis- sippi: Witnessetli, That the said part}' of the first part, for the con- sideration hereafter appearing, hath granteil, demised, and to farm let, and b\' these presents dotli grant, demise, and to farm let, unto the said i^arty of the second part, his executors, administrators and assigns, the [)lantation and farm known and styled the , in the said county and State, it being the same place on which the said now resides. To have and to hold the said plantation, with the appurtenances, unto him the said party of the second part, his executors, administrators and assigns, for and during the term of years from the day of , 187...., paying for the same to the said party of the first part, his heirs or assigns, yearh', during the said term aforesaid, the annual rent of , the first Miscellaneous Forms. 121 payment to bo on the day of , 187..., and the other pay- ments to be made on the day of in each and every year thereafter. And in case the said rent is not jn'ompLly paid when duo, the said shall have the power and right to reenter the premises hereby leased, and enjoy the same, as if this lease had not Iteen made. And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree to and with the said party of the (irst part, to well and truly pay the rent according to the terms above expressed, and also to pay all taxes legally assessed against said leased land during the term of lease, and on the last day of the term, or other sooner determination of the estate hereby granted, to deliver up the plantation aforesaid, with the appurtenances, to the said party of the first part, his heirs or assigns. And the said party of t.he first part covenants and agrees to and with the said party of the second part, that he and the said party of the second part, his executors and administra- tors, sjiall quietl}^ enjoy the said premises hereby granted during the term aforesaid, he the party of the second part performing his ■covenants hereinbefore mentioned. In witness whereof, the parties have set their hands and seal;', the da}^ and 3'ear first above written. , [seal.] Attest: , [seal.] No. 252.— GENERAL LEASE. This indenture, made this day o( , one thousand eight hundred and seventy , betvveen , of the first part, and , •of the second part ; witnesseth, that said part}' of the first part, in consideration of the rents and covenants hereinafter contained, and by said part}^ of the second part, and assigns, to be paid and performed, do hereby grant, demise, and lease to the said party of the second part, ., executors, administrators, and assigns, the premises describeil as follows : [hero describe the premises]; to have and to hold the same, with the appurtenances, unto the said party of the second part, executors, administrators, and assigns, from , for and during the full term of next ensuing, and fully to be completed and ended ; yielding and paying therefor, during said term, the , payable as follows : ; Provided, however, that if said rent, or any part thereof, shall remain unpaid for da3's alter it shall become due, and without demand made therefor; or if said lessee shall assign this lea^e, or under-let said •leased premises, or any part thereof, without the written consent of •said lessor heirs or assigns first had; it shall be lawful for said lessor, heirs or assigns, into said premises to re-enter, and the same to have again, re-possess, and enjoy, as in first and former estate; and thereupon, this lease, and everything therein con- 122 Miscellaneous Forms. tained on the said lessor's behalf to be done and performed, shall cease, determine, and be utterly void. And said lessee, for executors, administrators, and assigns, covenants and agrees with said lessor, heirs and assigns, as follows, that is to say : that said lessee will pay rents, in manner aforesaid, except said premises shall be destroyed or rendered unten- antable by fire or unavoidable accident ; that will not do or suffer any waste therein ; that will not assign this lease, or under-let said premises without the written consent of said lessor, and that at the end of said term, will deliver up said premises in as good order and condition as the}' now are, or may be put by said lessor, reasonable use and ordinary wear and tear thereof, and damage by fire and unavoidable casualtj^ excepted. And said lessor, for heirs, executors, administrators, and assigns, covenants with said lessee, executors and administra- tors, that said lessee paying the rents, and observing and keeping the covenants of this lease on part to be kept, shall lawlull}^ peaceably, and quietly hold, occupy and enjoy said premises during said term, without any let, hindrance, ejection or molestation by said lessor, or heirs, or any person or persons lawfully claiming under them. In witness whereof, the said parties hereto have hereunto set their hands and seals, on the da}' and year first above written. , [seal.] , [seal.] Signed, sealed, and delivered in presence of ) Stat"e OF Mississippi, County. }^ss. Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and seventy- , before me, the subscriber, , personally came , the parties named in the foregoing lease, and acknowledged the signing and sealing thereof to be their voluntary act and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name, and affixed my (private or official) seal, on the day and year aforesaid. [seal.] No. 253.— LANDLORD'S i^GREEMENT OF LEASE. The State op Mississippi, Madison County. This is to certify, that I have, this 25th day of August, 1876, let and rented unto Israel Hopkins, my house and lot, known as No. 37, on Madison street, in the city of Canton, with the appurtenances, and the sole and uninterrupted use thereof, for one year, to com- Miscellaneous Forms. 123 mencc on the 1st day of October next, at the 3'carly rent of four hundred dollars, payable quarterly, on the last day of each quarter; rent to cease in case the premises are destroyed by lire or other cause. The said Israel Hopkins is to keep the house and premises in good repair ; but all taxes, assessments, or other charges upon the said premises are assumed b^- the undersigned. yriiis is to he varied, as the j)(it'ties may a(/ree.] Jeremiah Bkown, [seal.] No. 2r4.— TENANT'S AGREEMIONT. The State of Mississippi, Madison County: This is to certify that I have hired and taken from Jeramiah Brown, his house and lot, known as No. 37, on Madison street, in the city of Canton, for the term of one,year, to commence on the 1st day of Octo- ber, 1876, at the yearly rent of four hundred dollars, payable quarterly, on the last day of each quarter. And I do hereby promise to make punctual payment of the rent in the manner aforesaid, except in case the premises become untenantable from fire or an}' other cause, when the rent is to cease; and do further promise to keep the said premises in good repair, and to quit and surrender the same at the expiration of the term, in as good state and condition as reasonable use and wear thereot will permit, damages by the elements excepted. It being understood that, in consideration of the payment of rent as aforesaid, the said Jeremiah Brown is to pay all taxes, assess- ments or other charges upon the said premises. Given under my liand and seal, the 25th day of August, A. D. 1876. Israel Hopkins, [seal.] In presence of i J. W. Yeakgain.,- Fkanklin Sjiitii.) security for rent. In consideration of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual payment of the rent, and performance of the covenants in the above written agreement mentioned, to be paid and performed b}' Israel Hopkins, as therein specified and excepted; and if any default shall be made therein, I do hereby promise and agree to pay unto Jeremiah Brown such sum or sums of money as will be sufli- eient to make up such deficiency, and fully satisfy the conditions of the said agreement, without requiring any notice of nonpayment or proof of demand being made. Given under my hand and seal, this 25th dav of August, A. D. 1876. ^ . II. H. HiNKs, [seal.] No. 255.— PARTNERSHIP— PLANTING. Articles of a planting partnership, between , of the State 12i Miscellaneous Forms. of , and , of county, State of Mississippi, made the ...... day of , 18.... 1. Tlie parties have leased from , of said county of , for years, at and for dollars per year, and as partners under the" name of & , have given their notes for the payment ot the rent. The said has put upon the plantation . .\ . laborers, namely: , and the said has put thereon .... laborers, namely: , to be worked thereon for the equal benefit of the parties, under the care, control and management of . . . . , who is to contribute his personal superintendence in planting, raising, securing, consigning and selling the crops of cotton made on said ))lantation. 2. All necessary expenses incurred in support of the said and his family, and of the hands, and of conducting the plantation are to be borne equally by the parties; provided that the expenses for the support of . . . ., do not exceed yearly ..... 3 is to keep an exact account of receipts and expenses; shall use the name of the firm only in consignments, in receipts, for necessary joint expenses, and in correspondence; nor is said otherwise to use the same. 4 is to cause the said laborers to be well-clad, sup- ported, sheltered, governed and protected, and provided with due medical aid. 5. He is to S3ttle yearly with the said , and pay him one moiety of the partnership net profits. 6. A portion of the leased plantation may be put in corn, pota- toes, etc., for the consumption of family, hands, stock, etc. And hereto the parties put their names and seals in duplicate. , [l-S.] > [l-s.J > [l.s.] Witness: No. 256. ^MERCANTILE PARTNERSHIP. Articles of Mercantile Partnership, between , of the town {or city) of , in the State of Mississippi, made the day of 1. The name and style of the firm is 2. The partners each contribute as capital, S , which is to be invested in such goods, wares and merchandise as the partners may think most saleable, and sold for cash, mainly, except to small amounts, and on short credits to punctual, responsible dealers. 3. Neither of the partners is to become surety, drawer, acceptor, or endorser, in any case whatever, except in, for and affecting the partnership, without the consent of his associate. 4. A settlement siiall be had when either party desires; and the firm dissolved at the desire of either. Miscellaneous Forms. 125 5. The partnorship iiaiiK! is tu hi used only in rii.s[)(!ct of the business and affairs ot" the linn. Signed in duplicate. ,' [^-EAL.] ' [SKAL.J No. 257.— MERCANTILE PARTNERSHIP.— 2. Articles of copartnership made and concluded this 20tli da}' of August, in the 3'ear (^\\q thousand eight hundred and sixty-niife, by and between James West, of the first part, and John East, of the second part, botii of Jackson, iri the county ot Hinds, State of Mis- sissippi. Wiiereas, it is tlie intention of the said parties to form a copart- nership, for tiie purpose of carrying on the retail business of»dry goods and clothing, for which purpose they have agreed on the fol- lowing terms and articles of agreement, to the faitliful performance of whicii they mutually bind and engage themselves each to the other, his executors and administrators : First. The style of the said copartnership shall be "West& East," and it shall continue for the term of two years from the aljove date, except in case of death of either of the said parties within the said term. Second. The said West & East are the proprietors of the stock, a schedule of which is contained in proportion of two-thirds to the said West, and one-third to the said East ; and the said parties shall continue to be owners of their joint stock in the same proportions; and in case of an^^ addition being made to the same, by mutual con- sent, the said West shall advance two-thirds, and the said East one- third thereof. Third. All profits which ma}^ accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or accident, and all expenses of the business, shall be borne by the said parties, in the aforesaid proportion of their inuerest in the said slock. Fourth. The said East shall devote and give all his time and attention to the business of the said firm as a salesman, and gener- ally to the care and superintendence of the store; and the said West shall devote so much of his time a3 may be requisite, in advising, overseeing and directing the purchase of dry goods, clothing, and other articles necessary' to the said business. Fifth. All the purchases, sales, transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal rei)resentatives res- pectively. An account of stock sh^dl be taken, and an account between the said parties shall be settled, as often as once in every year, and as much oftener as either party may desire and in writing request. Sixth. Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign, or indorse an\' draft or 126 Miscellaneous Forms. bill of excbangc, or assume an}' other liability, verbal or written, eitlier in his own name or in tlie name of the lirm, for the accommo- dation of any other person or persons whatsoever, without the con- sent, in writing, of the other party; nor shall either partv lend any of the funds of the copartnership without such consent of the other partner. Seventh. No importation, or large purchase of dry goods, clothing or other things, shall be made, nor any transaction out of the usual course of retail business, shall be undertaken by either of the part- ners, without previous consultation with, and the approbation of, the other partner. Eighth. Neither party shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned, nor shall either party be entitled to interest on his share of the capi- tal ; but if, at the expiration of the year, a balance of profits be round due to either partner, he shall be at liberty to withdraw the said balance, or to leave it in the business, provided the other part- ner consent thereto, and in that case he shall be allowed interest on the said balance. Ninth. At the expiration of the aforesaid term, or earlier disso- lution of this copartnership, if the said parties or their legal repre- sentatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase, like other individuals, and the proceeds shall be divided, after payments of the debts of the firm, in the pro- portions aforesaid. Tenth. For the purpose of securing the performance of the fore- going agreements, it is agreed that cither party, in caSe of any vio- lation of them or either of them, by the other, shall have the right to dissolve this copartnership forthwith, on his becoming informed of such violation. In witness whereof, we have hereunto set our hands and seals, the dav and year first above written. James West, [seal.] John East, [seal.J No. 258.— GENERAL RELEASE OF ALL DEMANDS. Know all men b}^ these presents, that I, PI F., of , for and in consideration of the sum of dollars to me paid by H. K., ot , (the receipt whereof I do hereby acknowledge), have remised, released and forever discharged, and I do hereb}', for myself, my heirs, executors, administrators, and assigns, remise, release and forever discharge the said H. K., his heirs, executors and administrators, of and from all debts, demands, actions and causes of action which I now have, in law or equity, or which may result from the existing state of things, from any and all contracts, liabil- ities, doings and^omissions, from the beginning of the world to this dav. Miscellaneous Forms. 127 In testimoii}' whereof, I have hereunto set my hand aiul seal, this . . . day of , 187. .. [seat..] BONDS OF P U B I. I C O F F I (J ]•: R S . No. 259. .§§ 244, 261, 272, 287; Acts 1876, p. 46. Note. — The following form will answer for Coroners, Hangers, Treasurers, Surveyors, Assessors, Circuit <];lerks and Supervisors. The justification of sureties on official bonds is the same for all public officers, which must be endorsed ou the bonds, the form of which is given here. State of Mississippi, County. \ ss. Know all men b}' these presents, that we, A. B., C. D., E. F. and O. H., ot the county and State aforesaid, are held and firmly bound nnto the State of JNLississippi, in the penal sum of dollars, for the payment of which well and trul}' to be made, we, and each of us, bind ourselves, our and each of our heirs, executors and ad- ministrators, jointly and severally', and lirml^' by these presents. Signed with our liands, sealed with our seals, and delivered on this day of , A. D. 18. .. Whereas, the above bounden A. B. was duly elected to the office of of said county, on the da}^ of , A. D. 18 . ., for the term of years from the .... day of , A, D. 18..; wherefore the condition of this obligation is such, that if the said A. B. shall faithfully perform and discharge all the duties of the said office of , and all acts and things required by law, or incident to the said office, during his continuance therein, then the above obligation to be void, otherwise to remain in full force and virtue. , [seal.] , I SEAL. J , [seal I , [seal.] The foregoing bond approved bv us this 10th day^ of December, 1875. " , President Board Supervisors. Clerk. §§ 219, 990, 1298. No. 260.— BONDS OF PUBLIC OFFICERS. Note. — The following form will answer for Justices of the Peace, Chan- cery Clerks, Sherifl's and Constables: State op Mississirpi, County. )-ss. Know all men by these presents, that we, A. B., C. D., E. F.,G H. and I. K., of the county and State aforesaid, are held and firral}'' bound unto the State of Mississippi in the penal sum c^ . . . . dol- 128 Miscellaneous Forms. lars, Tor tlie paj'uient of which well auil truly to be made, we, ant? each of us, bind ourselves, our and each of our heirs, executors: and administrators, jointly and severally, and firmly by these pres- ents. Signed with our hands, sealed with our seals, and delivered on this day of , A. D. 18... Whereas, the above bounden A. B. was duly elected to the office of of said county, on the day of , A. D. 18.., for the term of years, from the day of , A D 18...; wherefore the condition ot this obligation is such, that if the said A. B. shall faithfully perform and discharge all the duties of the said ofHce of , and all acts and things required by law, or incident to the said office, during his continuance therein, and pay over immodiately. and without delay, to the proper persons, all moneys collected by him, or which may come into his hands by virtue of his said office, then the nbove obligation to be void, other- wise to remain in full force and virtue. [SEAL.] [SEAL.] [SEAL.] [SEAL.] The foregoing bond approved by us, this day of , 18.... 1 President Board Supervisors. Clerk. § 1, Acts 1876, p. 8. No. 261.— TAX COLLECTOR'S BOND. ]SfoTE. — This bond differs from all others in its conditions, and the law should be followed strictly. Presidents of the Boards of Supervisors and Clerks should scrutinize all bonds, not only for the purpose of justifying the sureties, but to see that the bonds are in proper form; and bysection 3 of the above Act, the President and Clerk are held criminally to account for the sufficiency of the bond ; therefore, if they are satisfied from their own knowledge, or from reliable information, that the surety is not worth the amount sworn to, they should reject the surety. The surety falsely swear- ing in any particular, although guilty of perjury, does not by his guilty act relieve the President or Clerk, if they had any reason to believe that the oath was false. State op Mississippi. Hinds County. ;>ss. Know all men by these presents. That we, A. B., C. D., E. F. and G. H., of the county and State aforesaid, are held and firmly bound unto the State of Mississippi, in the penal sum of ten thousand dol- lars, for the payment of which, well and truly to be made, we, and each of us, bind ourselves, our and each of our heirs, executors and ad- ministrators, jointly and severally, and firmly by these presents. Sianed with our hands, sealed with our seals, and delivered on this first day of January, A. D. 1878. Whereas, the above bounden A. B. was duly elected to the office Miscellaneous Forms. 1-9 (jf sheriU'of said couaty, on the sixth day of Noveinl).'r, A. D. 1877, Ibi" the term of two years from the first day of January, A. D. 1878; and whereas said A. B., by virtue of his otfice of sheriff, is, l)y law, tax-collector of said county; Now, therefore, the condition of this ()l)li,<2;atioa is such, that if the said A. 13. will well, truly and faithfully, collect all the taxes assessed, in said county, and will promptly pay into the State and county treasuries, all money collected b}' him, and to which said treasuries shall be vcs- j)ectively entitled ; and that he will in all thin., [seal.] Ko. 265.— POWER OF ATTORNEY. Know all men by these presents. That I, A. B., of county and State fif ,..., have made, constituted, and appointed, and ()3' these presents do make, constitute, name, and appoint C. D. my true and lawful attorney for me and in my name, place, and stead, to (here insert the thing to be done; to demand and recover debts, to buy or sell, to execute deeds, to sign papers, &c., &c.,) giving and granting unto m\' said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and neccs- riary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally [iresent, with full power of substitution and revocation, hereby ratifying and confirm- ing all that my said attorney, or his substitute, sliall lawfully do or cause to be done by virtue liereof. In Avitncss whereof, I have hereunto set my hand and seal, this day of , 18... A. B., [seal.] 132 Miscellaneous Forms. >^OTE. — Xo deed is perfect until duly acknowledged before a justice, or some other officer authorized, and the transaction should not be considered concluded, or the money paid, before it is acknowledged. After acknowl- edgement, the deed should be, at the earliest day practicable, filed withTthe clerk of the chancery court, for record. In the foregoing deeds, ifthere.be a wife, she should always join and sign with her husband. In such case, say : " A. B., and C. D.,liis wife, of county, parties of the first part." The following forms of acknowledgements, will answer in all cases: No 266.— ACKNOWLEDGEMENT BY A MAN. OR SINGLE WOMAN. State of Mississippi, County }-ss. This day, ])ersonally appearerl befm-p tlie nndersigned justice of the i)eace "for said county. A. B., who acknowlcdiied that he (or she) siirned, scaled, and delivered the foregoing (or, attached) instnnnent of writing, on the day and date thereof, for the uses and purposes therein set forth, as and for his (or her) voluntary- act and deed. In witness whereof, I have hereunto set my hand and seal, this day of , 18... , J. P.- [seal.] No, 267.— ACKNOWLEDGMENT BY HUSBAND AND WIFE. State OF Mississippi, County, [>ss.- Tliis day, persoually appeared before the undersigned justice of the peace'for said county, A. B., who acknowledged that he signed, sealed, and delivered the foregoing {or, attached) instrument of writing, on the day and date thereof, for the uses and purposes set forth, as and for his voluntary act and deed. And at the same time also personally appeared C. li., wife of said A. B., who, being by me examined, privately-, separate, and apart from her said husband, and the foregoing (or, attached) instrument of writing fully explained to her by me, acknowledged that she signed, sealed, and delivered the same, on the day and date thereof, for the uses and purposes set forth therein, freely, as and for her voluntary act and deed, without any fears, threats, or compulsion of her said husband. in witness whereof, I have hereunto set m\^ hand and seal, this day of , 18... , J. P., [seal.] -^^o, 2G8.— GENERAL CONTRACT. Articles of agreement and contract, made this day of , between A. B., of the county of , and the State of Missis- sippi, pfii'ty of the first part, and C. D, {and others, if so,) of the same'couuty and State, party of the second part; witnesseth, That the said party of the first part, for and in consideration of the Miscellaneous Forms. 133 promises und ngreei.ients liei'c in after made l)y tlie said C. D . hereby eovenants and a<);recs to and with the said party of the seeond part — [ Here set forth distinctly what A. B. proposes to do, whatever it may be.] And the s.iiil party of tlie seeond part, on liis part, for and in consideration of the promises and agreements of the said A. B., aforesaid, hereby covenants and agrees to and with the said party of the lirst part — [ Here write exactly what C. D. is to do.] (And in case of tlie i'aiiure of tlie said party of the second part to make, do, or perform auv of the covenants on his part hereby made and entered into, this contract shall, at the option of the party of the Urst part, be foifeited and determined, and the party of the second part shall forfeit all advantages and profits acquired or to be acquired on or by virtue of this contract; and the said party of the first part is hereby authorized to retain what may have been done or i)aid in this behalf, by said party of the second part, in full satis- faction, and in liquidation of all damages or injury by him sus- tained.) [And it is mutually agreed and covenanted, that if it shall happen that said party of the first part, his heirs or legal representatives, shall neglect to do, furnisli or perform his or their parts of the cov- enants and agreements herein contained, that then, and in any such case, the said party of the second part, his heirs and legal repre- sentatives, shall not hereby be obliged to make, do or perform his and their covenants herein contained, but shall, at his or their option, be absolutely discharged therefrom.] [And it is also agreed that said party of the second part shall not, nor will, during the continuance of this contract, cut down any timber or trees, or commit any waste or spoil whatsoever, in or ui)on the premises, or any part' thereof, nor shall or will grant any new leases of the premises, or any part thereof, without the knowledge and consent of said party of the first i»art, or his heirs or legal rep- resentatives.] And it is mutually agreed that all covenants and agreements herein contained shall extend to and be obligatory upon the heirs, legal representatives and assigns ot the respective parties. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year lirst above written, to two copies of this agreement interchangeablv. A. B. [seal.] C. D. [seal.] Signed and inteichang\id in the presence of Note. — The foregoing contract will answer for most any purpose ; the part in brackets to be used or not. The farmer who rents land, or who crops on .shares, or who hires farm laborers, can find all he wants in this form, if supplies arc not furnished. — and, in fact, under our present labor and agricultural lien laws, the better plan is only to write one copy, have the same acknowledged by the parties, and let the contract be recorded. l'5i Miscellaneous Forms. No. 269.— CONTRACT TO CULTIVATP: LAND ON SHARES. . This agreement, made this day of , 187..., between A. B., of county, and C. D, [and others, if so), ol count}', all of the State of Mississippi, witnesseth: That the said C. D. agrees to break up, properl}^ fit, plant and seasonably- cultivate acres of land of the farm of said A. B., in said county, for the })urpose of making thereon crops of cotton, corn, peas, potatoes, oats and wheat, during said 3'ear; that when said crops, to be planted and sown as aforesaid, shall be in fit condition, he will cut. harvest, gather and pick, and safely house the same in the barns, pens, or ginhouses of the said A. B. ; and that he will properly thrash, clean, pump and assist in ginning and baling the same; that one-half of the oat, wheat, potato, and corn seed is to be fur- nished by the said C. D. : that all the labor and work necesharj' in the premises is to be performed by the said C. D. ; and that the said C. D. will faithfully and honestly deliver one-half of all said products to said A. B., or to his legal representatives or assigns, on or before the 25th day of December of said year, and all of the cotton seed. A. B., on his part, agrees to furnish the said C. D. sufficient and comfortable house room, plough team, wagons and team necessar}', and all farm tools and implements requisite in the premises, as also feed for the plough team. In witness whereof, the said parties have hereunto set their hands and seals this day of , 18... A. B. [seal. I C. D. [seal.} No. 270.— CONTRACT TO CULTIVATE ON SHARES. (Another form.) This agreement made this day of , IS..., between A B., of , county, of the first part, and C. D., of county, of the second part, all of the State of Mississippi, witnesseth: That the said party of the second part liereby covenants and agrees to work and labor upon the farm of said party of the first part, in said county, for and during the year 18...; that in all matters of pre- paring, ploughing, planting and cultivating said farm, the said part3^ of the second part is to be under the general direction of said party of the first part, or his duly appointed agent; that a day's labor is to be considered from the rising to the setting of the sun, •with reasonable time at noon for food and rest; that the said party of the second part will take good and faithful care of all implements, tools, horses, mules, wagons and other property at an}' time in his charge or under his control, and shall be responsible for their loss and all damage, except from usual wear and tear, and providential interposition; and shall faithfully labor, at all times, on said farm,, during said year, when not prevented by sickness or other unavoidr able cause. MiscelUtneoits Fojins. 1'35 In coiisidoration of the foregoing, tlie said paity ol" tlic first part agrees an.— MARRIAGE CERE:\I0NY FOR JUSTICE. Note. — I am induced to add the following from the memory of a trans- action in my own experience, many years ago, when called upon, in my official capacity, to unite in the bonds of wedlock two willing souls. The teat was performed, but how, I have never exactly known to this day. [The man standing on the right hand and the woman on the left, the Justice will approach and &ay:J We are gathered here in the sight of God, and this company, to join together this man and this woman in holy matrimony. It" any one liere can show just cause why they may not be lawfully joined together, let them bow speak. [Here let the Justice, joining the right hands of the two, con- tinue:] A. li., will you have this woman to tliy wedded wife, to live together after God's ordinance and the law in the holy estate of matrimony? Will you love her, comfort her, honor, and keep her in sickness and in health, and, forsaking all others, kec}) only unto lier, so long as you both shall live? [The man will answer, I will,] C. D., will you have this man to thy wedded husband, tu live together after Go I's ordinance and. the law in the holy estate of matrimony? Will you obey him, ancl serve him, love, honor and keep liiin in sickness and in health, and, forsaking all others, keep only unto him, so long as you both shall live?^ (Tlie woman will answer, I will.] Forasmuch, therefor, as A. B. and C. D., here standing, have con- sented together in holy wedlock, and have wituesseth the same before God and this company, by virtue of the authority which I hold in ray hand, I pronounce that they are legally man and wife. [The Justice can, and very appropriately, a(ld:1 May you be, my friends, help-meets of each other, indeed, in all things, but especially the hel[)ers of each other's faith and joy. If you are true Christians, your habitation will not be desolate, but will be the dwelling of holiness, love and peace. Ma}' the God of our fathers be your God, and may you live as fellow heirs of life, and at last dwell together in the land where they neither marry nor are given in marriage. JUSTICE OF THE PEACE. AS A CIVIL COURT. [from revised code and suusequknt acts of the legislature.] ELECTION AND QUALIFICATION. § 1290. There shall be chosen tit the next general election, and biennially thereafter, by the qualified electors of each district, two Justices "of the Peace, who shall be commissioned by the Governor, and shall hold their oflices for the term of two years, and until their successors are qualified; and in case there be a tie between the two highest voted lor, the President of the P,o:u'd of Supervisors shall immediately determima said election by l^t. JJ 1297. 'The districts in each county, for the election of Justices of^hc Peace, shall be the same as those laid ofi" for the election of members of the Poard of Supervisors, except when otherwise di- lected l)y said Board, or by law. § 1298. Every person elected a Justice of the Peace shall, before he enters on the duties of the office, take the oiith of office, and enter into bond, in the same manner as other county ofllcers, in the penalty of two thousand dollars, conditioned tliat he will well and truly perform the duties of his otlice, and pay over all moneys col- lected by him, or which may come into his hands by virtue of liis said office, to the party or parties entitled to receive the same ; and and any party interested may proceed on such bond, in a summary way, by motion, in any court having jurisdiction of the same, against the principal and sureties, upon giving ten days' previous notice; provided, that the Boards of Sui)ervisors of the respective counties, shall have power to limit the penalty of said bonds, to a sum not less than one thousand dollars. (Forms L and 2 ) VACANCIES, CHANGE OF VENUS AND CONTESTED ELECTIONS. § 1340. Whenever the olllee of Justice of the Peace, in any county, is vacant, suit may be l)rought before any Justice of an adjoining district; and whenever, by reason of interest or other cause, ally Justice of the Peace shall be incompetent to sit in any case before him, the same shall be transferred to the nearest Justice 138 Vacancies, Contested Elections. of the Peace, free from such ol)joction, in said county, wlio shall have and determine the same. § 1301. When any Justice of the Peace shall remove out of the district for which he was or shall be elected, all his powers as such shall cease and determine, and -his office shall become vacant, and the vacancy shall be filled, as provided in other cases. § 1299. In case a vacancy shall happen in the office of Justice of the Peace, the Board of Supervisors, or the President thereof in va- cation, shall order an election to be held in the proper district, to fill such A'acancy, not more than twenty days after the date of such order, and shall appoint three commissioners, residents of the dis- trict, to hold the same, and receive and count the votes, anj'' two of whom may act, having first taken an oath to conduct the same fairl}' and impartially, and to make due return thereof. The said com- missioners shall give ten days' notice of the time and place of hold- ing said election, by posting up a notii'e in three or more public places in the district, and shall hold the same at the ^regular place of holding elections in such district; and if there be more than one such place, then three commissioners shall be appointed for each precinct; and if there be no such regular place of holding elections in such district, then at such public place therein as may be most convenient. The said commissioners shall make due return of said election, to the President of the Board of Supervisors, who, at the expiration of five days after the receipt thereof, shall certify and transmit the result to the Governor, and shall give a certificate of election to the person having the highest number of votes. § 1300. Any person desiring to contest such election shall, within five days alter the return thereof as aforesaid, file his petition to the Board of Supervisors, signed by at least ten voters of the dis- trict, setting forth the particular causes for which said election should be set aside, and thereupon a special meeting of said Board shall be called, if necessary, and the said Board shall hear the allega- tions and proofs of the parties, and may set aside the election, or declare the contestant to be duly elected; and, in case the election shall be set aside, they shall immediately order a new election to be held as before: 2^^'ovkled, the part,y whose election is contested shall have ten days' notice of the time of trial. And if the said election be confirmed, it shall be certified to the Governor, as aforesaid. § 391. Any person desiring to contest the election of any peison returned as elected to an}' office, within any county in. this State, may, within twenty days after the election, file a petition before any Justice of the Peace, of such county, setting forth the grounds upon which said electio'i is contested; and tlie Justice shall, thereupon, issue a summons to the party whose election is contested, rijturna- ble instanter, which summons shall be servetl as in other cases; and the Justice shall cause an issue to be made up and tried by a jury, and the verdict of the jury shall specify the person having the greatest number of legal votes, at such election. If the jury shall find against the person returned as elected, the Justice shall issue a certificate thereof, and the person in whose favor the jury shall find, Jurisdiction conferred on Mayors. 139 shall be eoni'missione'l l)y the Govenior; and each party shall l)e allowcil ten pereni[)tory challenges; ami in case the election of any District Attorney be contested, the petition for that purpose may be liled in any adjacent county, of an adjoining district, and like proceeding "shall be had thereon, as in the case of county oMI cers. Either party shall have the I'iglit of appeal to the next term of the circuit court, and both parties shall have the same right of challenge, as providtnl in this section tor the [)roceodings in the Justics' Court. JUEISDICTION CONFERRED ON MAYORS. An Act to confer upon Mayors of incoriwratcd towns in this State juris- diction as Justices of the Peace, and for other pui'poses. Section 1. Be it enacted by t!;c Legislature of the State of Jlis- sissippi. That the mayors oL* all the incorporated towns in this State be, and the}' are hcrel)y made ex-offi.cio justices of the peace, and the marshals or constables of said towns, be, and the}' are hereby made ex officio constables in aivd for the several counties in this State, in which their respective towns are situated, and said officers, whether herAofore or hereafter elected, shall have, and exer:jise the jurisdiction, and all the rights, duties, and [)owers, and be subject to all the liabilities of justices of the peace and constables, respec- tivel}' ; Prodded, 'i'hat in towns where the mayors and constables, or marshal, have not been heretofore clothed with the jurisdiction and powers herein conferred upon them, said oflicers shall, and also, such officers in all towns now possessing the jurisdiction and powers herein conferred, where no bonds have been given, execute bonds to be approved, in the same maiiner and similar in all respects to those required by law to be given by justices of the peace and con- stables, and the powers and jurisdiction herein conferred, shall not be exercised until said bonds have been given ; Provided, That the provisions of this Act shall not appl\' to cities or towns of five thousand inhabitants or more. Sec. 2. Be it further enacted, 'I'hat this Act take effect and be in force from and after its passage. By limitation, March 'Id, 1876. An Act to compel offenders against town or city ordinances, to work out their fines upon the streets, and for other purposes. Sectiox 1. Be it eriacted by the Legislature of the State of ]Mis- sissip[>i. That the mayor of any incorporated town or city, be anil he is hereby authorized and empowered to compel offenders against town or city ordinances, wdio are unable, or \Vilfully i-efuses to pay their fines, to work out the same, upon the streets, or anv public works within the town or city in which said offense or offenses were committed ; Provided, The mayor and selectmen of such incor- porated city or town, shall fix the amount to be allowed for each day's work. Sec. 2. Be it further enacted, That the mayor of an}' incorporated liO Civil Jurisdiction — Practice. town or city shall release such offender upon satisfactory proof that he has worked out such fine. By limitation, March 31, 1876. *' CIVZL JT7&I5DICTZ0N. § 1302. Justices of the peace shall have jurisdiction of all actions for the recovery of debts or damages, or personal property, where the principal of the debt, the amount of the demand, or the value of the property sought to be recovered, shall not exceed one hundred and fifty dollars. ,S' 1303. The jurisdiction of ever^' justice of the peace shall be coextensive with his county, and he may issue any process in matters within his jurisdiction, to oe executed in any part of his county, but every freeholder or householder of the county shall be sued in the district in which he resides, if there be a justice acting therein, and qualified to try such suit, or in the district in which the debt was contracted, the liability incurred, or in which the proj^erty may be found. § 1305. Any one desiring to sue before a justice of the peace shall lodge with him the evidence of debt, statement of account, or other written statement of the cause of action, and thereupon the justice of the peace shall issue a summons for the defendant, returnable to the next term of the court of said justice of the peace, which shall be execated five days before the return day thereof; and an\- summons issued within five days before its return day. shall be made returnaVjle to the next succeeding term of the court after that to be held within five days. (Forms 3, 4.) § 1306. The defendant in any such action shall, on or before the return day of the summons, and before the trial of the case, file with the justice of the peace the evidence of debt, statement of account, or other written statement of the claim which he may f such justice, when ix^piired, to grant to either party a certilied copy i)( sucli proecedings, and of all papers and process relating thereto. § 1309. Justices of the peace shall hold regular terms of their courts at such times as they, or cither, may appoint, not exceeding- two, and not less than one in ever}' month, and at such convenient place in their districts as the}', or either, may designats; and they "may continue to hold their courts from day to da}', so lone- as busi- ness may require, and all process shall be returnable, and all trials shall take jdace at such regular terms; j^i'ovided, that Avhere the plaintiff or defendant, or both, are non-resident or transient persons, and it ehall be shown, by the oath of either party, that a delay of the trial until the regular term would be of material injury to "him, it shall be lawful for the justice to have the parties brought before him at any reasonable time, and hear .the evidence and give jud*'-- ment. Such court shall be a court of record, with all the power incident to a court of record, including power to fine, to the extent of fifty dollars, and imprison one da}' lor contempt of court. gl312. The justices of the peace, in their respective districts, may sit together in holding their courts, but any one may hold his court by himself, at any point in his district which he may desig- nate. In case of disagreement between them, as to the decision of a case, the Justice who issued.the process shall decirle. § 131G. When any suit brought before a justice of the peace shall be finally decided on its merits by such justice, it shall be a bar to a recovery for tiie same cause of action or set-off before any other justice of the peace or other court; and a transcript of the record of such judgment shall be suflicicnt evidence to bar such second recovery, § 1320. In all suits or proceedings against two or more defend- ants jointly, or jointly and severally, liable, it shall be lawful to bring such suit before any justice of the peace of the district wherein either of the defendants shall reside; and such justice shall have power, and he is hereby authorized, to issue a summons, or other process, to bring in all co defendants from any other dis- trict in the county where the suit is brought, or from any other county in this State; and upon service of process, as required in 1^*2 Fractice in Civil Cases. other cases before justices of the •■ace, the jiisjc-e, before whom the suit is pending, shall have full jurisdiction, as to all of the defendants, in as full and ample a manner as in cases where all the defendants reside wiihin the district where suit is brought; and if the process of such co-defendants be ilot returned executed, it shall be lawful lor the plaintiff to disinis.s his uetiun as to such co- defendants. § 1321. Proceedings in replevin, attachment, and for the enforce- ment of mechanics' lien's, before justices of the peace, shall be, as far as practicable, according to those in the circuit court in like cases. § 580. When an open account is sued on, there shall be filed with the declaration, before process issues, an itemized copy of the account sought to be recovered; and if this be not done, plaintiff shall not be permitted to give evidence in support thereof. § 782. \\\y person desiring to institute suit upon any open account in an}' court of this State having jurisdiction of the amount, may go before any justice of the peace of this State, or an}' other State, or the United States, authorized by law to administer oaths, and make affidavit to the correctness of such account, and that it is due from the party against whom it is charged; and in any suit upon such an account thus sworn to. the affidavit of the plaintiff, or the party in whose favor the account is stated, or his agent, made as aforesaid, and attached to the account, shall be prima facie evidence of the correctness of the account and indebtedness of the defendant against whom the service is charged, and shall entitle the plaintiff" to judgment at the trial term of the suit, unless the defend- ant shall make affidavit and file with his plea that the account is not correct, in which event the affidavit to the account shall not be evidence, except to entitle the plaintiff to judgment for such part of said account as the defendant, hy his affidavit, ma}- admit to be due. A general denial in the counter affidavit of the defendant to the correctness of the account, sued on, shall be insufficient to put the plaintiff to the proof of the same,^but said account shall be treated as proved on the trial, except as to the pa'-ticular items of indebtedness, the correctnessand validity of whicli are specified and described in the counter affidavit of the defendant; promded, That this shall not ajiply to accounts against decedents and suits against executors or administrators. (Forms 5 and 6.) ;< GOl. When a mutual indebtedness shall exist between the l)laintiff and defendant, the defendant may plead payment, and may prove and set off against the demand of the plaintiff, any debt, or demand, which he^may have against the plaintiff"; and if it shall appearthat the demand of the defendant equals the demand of the l)laintiff", the jury shall find for the defendant, and judgment shall be entered that the plaintiff take nothing by his writ, and shall pay the costs. And if it appear that any part of the sum demanded has been paid, but that the plaintiff's demand exceeds that of the defendant, the amount paid shall be deducted and the plaintiff shall have judgment for the residue of his demand only, with costs of Frcictice in Civil Cases. 143 suit. But if it ;ip])G:ir tu the jury tliat the plaintiff is overpaid, and is indebted to the dt'lencUmt, tliey sliall give in their vcrdiet for the defendant for the amount due him, and, thereupon, judgment shall be entered up against the plaintilf, in favor of the defendant for the amount so found, with costs, and execution may issue tlierefor. §'602. Where tiiore siiall iiave been mutual dealings bi-twccn two or more persons, and one or more of them shall die l)cfore an ad- justment of such dealings, the lawful demands of such persons against each other, shall be a good payment, or set-off, to the amount thereof, notwithstanding the estate of one or more of such deceased persons shall be insolvent, and only the balance (\v\q shall be the debt. § 603. In all actions for the recovery of any debt or demand, alleged to be due by the defendant to the plaintiff, it shall be lawful for the defendant to plead payment of tlie money demanded, at or after the time when the same became due, or at any time before action brought; and under such plea, to prove an^- payments that have been made, in part or in full of the sum demanded. § 604. If the delendar.t shall plead, or give notice of any set-off", or shall desire to prove any pa\-ment, or set-off, under his yilea of pa^'ment, he shall file with his plea, an account, stating distinctl}^ the nature of the payment or set-off, and the several items thereof, and a copy of anj^ writing intended to be set-off"; and on failure to do so, he shall not be entitled to prove, on the trial, such payment or setoff". § 605. In actions founded on any sealed instrument, the defend- ant ma}', by a special i)lea, impeach the consideration t.iereof, in the same manner as if such writing had not been sealed. § 621. The court shall have full ])0wer and authorit}' to allow all amendments to be made in any pleading, or procedure, at anv' time before verdict, so as to bring the merits of the controversy between the parties, fairly to trial, and may allow all errors and mistakes, in the name of any party, or in the form of the action, to be corrected; and the court shall require all such amendments to be made on such terms, as to costs and delay, as may seem proper, to prevent surprise or undue advantage. Either party may except to the decision of the court, allowing or refusing amendments, and the same may be assigned for error. § 625. If in detinue the verdict shall omit price or value, the court ma}-, at any time, award a writ of inquiry to ascertain the same. If, on an issue concei'ning several things in one count in detinue, no verdict be found for pai't of them, it shall not be error, but the plaintiff shall be barred of ids title to the things omitted. § 627. When, in the I'ccord of any judgment or decree of any court of law or equity, there shall be any mistake, miscalculation, or misrecital of any sum of money, quantity of merchandise, or other thing, or of any name, and there shall be among the records of the proceedings in the suit, in which such judgment or decree shall be rendered, any verdict, bond, bill, note, or other writing of the like nature or kind, whereby such judgment or decree may be 144 Fractice in Civil Cases. safoly ainendcnl, it shall be the duty of the court \\\ wliich such iudg-incnt shall be rendered, ami of the Judge tho'eof, in vacation, to amend such judgment or decree thereby, according to the very truth and justice of the case; Provided, The opposite party shall have had reasonable notice of the application for such amendment ; and if the transcript of such judgment or decree, at the time of such amendment, or at any time thereafter, shall be removed to the su- preme court, it shall be the duty of that court, upon the inspec- tion of such amended record (to be brought before it by certiorari, .if need be,) to affirm such judgment, if there be no other error apparent on such record. g 628. When any bond, taken l)y virtue of any process or order, by miscalculation or mistake, shall be conditioned lor the payment of a larger sum of mone} than by law ought to have been required therebv, or where a verdict shall be rendered for more damages than the plaintiff shall have demanded by his suit, and judgment shall be rendered accordingly, it shall be lawful for the plaintiff, at the same or any future term of the court, to release, in open court, any such excess ; or he may, in vacation, release the same, in writing under his hand, and filed among trie papers of the cause ; and such release shall cure any error growing out of such excess. § 632. No judgment by default shall be entered at the return term, when it shall appear that the process has not been served per- sonally on the defendant. g 633. In all applications for a continuance, the party shall set forth in his affidavit the facts which he expects to prove by his absent witness or testimony, that the court may judge of their materiality. § 634. "^In civil suits, each party may challenge peremptorily four of the juror?, and as many more as they can show cause for. § 63o. Whenever there shall be a deficiency cf jurors, the sheriff; or' other officer, shall, by order of the court, summon a sufficient number of qualified by-standers, or others, to complete the panel; but in case the sheriff, or other ofticer, be interested, or related to either of the parties, or not impartial, or for other good cause, the court may appoint any disinterested person to summon and return such by-standers or others. The court may fine, in a sum not exceeding tliirty dollars, any person summoned as a talesman, who shall not appear, or who being present when he is called, does not appear in court, or who, after appearance, wilfully withdraws him- self during the day. § 636. A jury de medictitate Ungues may be directed and sum- moned whenever, in the opinion of the court, it may be necessary. § 637. Jurors knowing anything relative to the point in issue, shall disclose the same, on oath or affirmation, in open court. § 638. No sheriff or other officer shall converse Avith a juror, but by order of the court, after the jury have retired from the bar. § 639. All papers read in evidence on the trial of any cause, though not under seal, may be carried from the bar by tlje jury. § 640. Interpreters may be sworn, truly to interpret, when neces- Practice in Civil Cases. ^•^•y -sarv; and in criminal cases the court ma}' appoint siicli interpreter, and allow liim a reasonable compensation, not exceeding live dollars per day, i)ayable out of the State treasury. §641. lOvcry plaintilf desiring to 'siilfor a non-suit on trial shall V)c barred therefrom, unless he do so before tiie jury retire from tliresentaUYes of euch deceased party, shall not appear and" become a jiarty to such action, on or before the second term of the court next after the death of such party shall have been suggested on the record, such action shall be discontinued, unless good cause be shown to the contrary. g 6S0. When judgment shall have been ren'Vred against two or more persons, and any one or more of them shall die, such juilg- ment shall survive as well against the representatives of the deceased i)arties as against the survivor, and a scire facias may issue against the survivors, jointly with the representatives of the deceased parties, and such judgment may be thereupon revived, and execution issued in like manner, g 6(S1. In all suits or actions by husband or wife, touching the separate property of the wife, or wiiere the cause of action survives to the wife, it the husband shall die pending the suit, his death shftll be suggested on record, and the suit or action shall proceed to judgment in the name of the wife. In case the wife should die pendiurr the suit, if the cause of action survives to the husband, her death shall be suggested on the record, and the cause shall proceed in the name of tiie husband; and if the cause of action shall not survive to the husband, but to the representatives of the wife, then, on suggestion of the death of the wife, the suit shall abate as to the husband, and may be revived and prosecuted in the name of the wife. And the like proceedings shall be had in suits against hus- band and wife, so far as they may be applicable. § i82. In like manner, judgments in favor of the husband and wife, may be revived in favor of the survivor, or the representatives of the party to whom the cause of action would survive; and, in case the husband or wife shall die after judgment against them jointly, such judgment shall survive as well against the representa- tives of the deceased, as against the survivor, and may bg, revived accordingly. § 686. Any Judge of a Court of record, in this State, any Clerk of' such Court, or his deputy, any member of the Board of County Supervisors, and an}^ Justice of the Peace, or Master or Commis- sioner in Chancery, or any Sheriff, is authorized to administer oaths and afljrraations, and to take and certify affidavits, whenever the same may be necessary or proper in any proceedings in anj'- Court, or under an}' laws of this State. § 687. " In all cases where the oath or.affir.mation of the party is required, such oath or affirmation may be made by his agent or at- torney, and shall be as effectual for all purposes as if made by the party. § 303. When any dispute shall arise, respecting the right of a 1^8 Practice in Civil Cases. brand or mark, either party may apply to an}' Justice of the Peace of the county, who shall summon the adverse party to appear before him, on a certain day expressed in the summons, not less than five . nor more than ten days from the date thereof ; and such Justice sl^all issue process for witnesses, directed to the Sheriff or any Con- stable of the county ; and such oflicer, and said witnesses, shall receive the same fcjs, and be liable to the same penalties, ns in other cases before Justices of the Peace ; the Justice shall hear the case, and give judgment thereon, which shall be conclusive on the parties; and a transcript thereof, certified by said Justice, shall be sufficient authority for the Clerk to record said brand and mark. § 1184. No suit or action shall be brought against an}' executor or administrator, in such capacity, until after the expiration of six Tuonths from the date of the letters testamentary, or of adminis- tration. § 17S3. In addition to the remedies now existing b}- the common law, b}' and against married women, the husband and wife may sue jointl}', or, if the husband will not join her, she may sue alone for the recovery of any of her propert}^ or rights ; and she may be sued jointly with her husband, on all contracts or other matters for which her individual property is liable ; but if the suit be against husband and wife, no judgment shall be rendered against her, unless the lia- bility of her separate property be first established ; and in case of suits against husband and wife, if summons for the husband be returned, " not found," the suit may be prosecuted against the wife alone. § 1900. All contracts, judgments, securities, or conveyances what- ever, made, given, granted, entered into, or executed, at an}'- time, where the whole or any part of the consideration or foundation of such contrac^j, judgment, security, or conveyance, shall be for money or any other valuable thing whatever, won, laid, or bet at any game or games whatever, or any horse race, cockfight, or any other anjuse- ment, sport, or pastime, or on any other wager whatever, or for the reimbursing or repaying any money knowingly lent or advanced for the purpose of such gaming, or to be wagered on any game, play, horse race, cock fight, or on any other sport, amusement, pastime, or wager^ whatever, shall be utterly void. ^ 1901. Any sale, mortgage, or other transfer ®r conveyance of any estate or interest, real or personal, to any person, or to another for his use or benefit, or in any manner to satisfy or secure money or other thing won, or any part thereof, or to secure or satisfy any money or other thing lent or advanced on any consideration, foun- dation or purpose mentioned in the last section, or any part thereof, shall inure to and vest in the wife and children of said mortgagor, seller, vendor, bargainer or lessor, the whole estate, title and inter- est of such person in the estate or interest, real or personal, so sold, snortgaged, bargained, transferred, or otherwise attempted to be conveyed, as though such person had died intestate. § 1902. If any person, by playing at any game whatever, or by betting on the sides or hands of such as do play at any game, or by Practice in Civil Cases. 1^^ betting on a,ny hor.sc raoo, or cock light, or at any other sport or pastiino, or Ijy any wager whutevei', shall lose any money, property, or other valuable thing, real or personal, and' shall pay or deliver the same, or any part thereof, the person so losing and paying or delivering the same, may, within six months next following, sue for and recover such money, property, or otlwr valuable thing, so lost and paid or delivered, or any part thero-f, from the person knowirgly receiving the same, with costs, before any court having jurisdiction thereof. And in such action, it shall only be necessary to allege that tlie money or property claimed thereby was so received by the defendant, in Violation of the provisions of this chapter, without setting forth the special matter; and tlie plaintitf may, under such declaration, give ia evidence any facts or circumstances tending to prove such violation, and recover the same, or the value thereof. §2254. No court shall permit more than two attorneys to argue on any one side, except in criminal cases, unless good cause be shown therefor. § 2255. Any notice required in the i)rogress of any suit or .action, in any court of this State, shall be as valid and effectual, when served on the attorney or solicitor of the party in that cause, J^s it served on the party himself. Sec. 2. Be it further enacted, That the owner ot any dog found killing sheep, shall be held responsible for all losses or damages oc- casioned by such dog, so killing sheep, to be recovered before any court having competent jurisdiction. [Act ap. Jan, 22, 1875.^ Section 1. Be it enacted by the Legislature of the State of Mis- sissippi, That hereafter, whenever any suit shall have been commenced iu any court of law or equity, in this State, to recover any moneys, public fund, propert}', or other effects belonging to the State, any county or school fund, by any officer, commissioner or trustee, authorized by law to sue for and recever the same, the said suit shall not abate on account of the death, removal, or resig- nation of said officer, commissioner or trustee, but the same may bo revived, and prosecuted to judgment in the name of the successor ot said officer, commissioner or trustee. Sec. 2. Be it further enacted, That for the purpose of revival under this Act, the suit shall be considered to have been commenced and been pending from the time of filing of the declaration or bill, whether the writ was executed before the vacancy occurred in the office or trust or not. Sec. 3. Be it further enacted. That the provisions of this Act shall apply to suits now pending, and which have been revived, in the name of the successor of any^oflicer, commissioner or trustee, as well as to suits hereafter to be brought. [Act ap. March 3, 1876. Sec. 2. Be it further enacted. That in any action founded on any joint and several bond, covenant or other contract, or oa any promise, contract, or liability of co-partner, the plaintili" may dis- continue his suit, before verdict, against one or more of the de- fendants, on payment of the costs that have accrued from joining such party or paVties, in the suit; that in all such actions the jury 150 Decedents — Married Women. may reader verdicts against some of the defendants and in I'avur of otiiers, as the evitieneo raa}'- require; and the Court shall enter the proper judgments anfl vordiets shall not be reversed or set aside lor want of form. New trials shall be granted only as to sucdi defend- ants as are aggrieved, by the verdiet; and final judgment shall be entered against the other defendants in pursuance of such verdict. That in all such actions on appeal or writ of error, the Supreme Court may reverse such judgment as to one or more of siich de- fendants and affirm as to others, according to justice and the merits of the case. (Approved , March 24, 1876.) Suits Against Estates of Decedents. Sectiox 1. B3 it enacted by the Legislature of the State of Mis- sissippi, That in all suits now pending, or that may hereafter be brought against an\' executor or administrator, in any of the courts of this State, to establish any claim, debt or demand, against the estate of their testator or intestate, or to recover an}-- property be- longing theret<>, it shall be.lawfnl for any iieir of such decedent, or any distributee of such estate, to make him or lierself a party de- fendant to sucii suit b)'- motion, and shall by leave of the court be admitted to appear and defend such cause, either separately or jointly with the executor or administrator. Sec. 2. Be it further enacted, If tiie finding in such suit shall be for the plaintiflT, judgment shall be. rendered against the executor or administrator alone, to be levied of the goods and chattels, riglits and credits of the intestate or intcstator, in his hands, to be admiu- istered; and if the finding sliall be in favor of the pariy admitted to defend on hi.s separate pleading, judgment shall l.e in favor of the executor or administrator against the plaintift'. Sec. 3. Be it further enacted. That estate of such decedent shall not be chargeable with any expense incurred hy the part^' admitted to defend. ^(Acts 1874, p." 23.) The Sights of Married Women. Section 1. Be it enacted l)y the Legislature of the State of iMis- sissippi, Tiiat none of the provisions of the Kevised Code of 1871, nor of An Act entitled An Act to protect married women in the enjoyment of the fruits of their labor, approved April IStii, 1873, nor of any other statute of this State, shall be so construed as to permit any married woman to contract with her husband so as to establish against him, in any manner whatever, an^' claim or demand for hire, services or labor performed by such married woman I'or or on account of her husband, and it shall not be lawful for any mar- ried man to contract with his wife, so as t<-> have or maintain against the yi,U^, in an}' manner Avhatever, any claim or demand for iiire, Services or labor performed by such married man for or on account of his wife, and all contracts made bc^tween any husband and wife, in violation of this Act, shall be absolutclv null and void. (Acts 1876, p. 261.) Legal Holidays — Minors. 151 Legal Holidays. Section 1. Be it enacted by llic Legislature of tiie Stale of ]\Iis- ■sissippi, Tiiat the following (la3's, viz: the first day of January, commonly called Nc\v Y(tir's Day; the twenty-second da}' of Feb- ruary, known as Washington's birthday; the fourth day of Jul}', called Independence Day; the twent3'-fifth day of December, known as Christmas Da}^ shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank .checks and promissory notes, made after the passage of this Act, be treated and considered as the first day of the week, commonly called Sun- day, and as public holidays, and all such bills, checks and notes otherwise presentable for acce[)tance or payment on the said days, shall be deemed to be presentable for acceptancp or payment. on the secular or business days next preceding such holidays. Sec. 2. Be it further enacted, That whenever the first day oi January, the twenty-second day of February, the fourth day of Jul}', or the twenty-tifth day of December, shall fall upon Sunda}', the jNIonday next following shall be deemed a public holiday for all or any ol the purposes aforesaid; Provided, however, that in such case all bills of exchange, checks and i)romissory notes made after the passage of this Act, which would otherwise be presentable for acceptance or payment on the said Monday, shall be deemed to be presentable for acce[)tance or paynient on the Saturday pre- ceding. Sec. 3. Be it further enacted. That all Acts or parts of Acts in- consistent with this Act are hereby repealed, but such repeal shall not affect any act done, or proceeding or suit instituted, prior to the passage of this Ac:, Approved, February 9, 1876. Jurisdiction of Minors. Section 1. Be it enacted by the Legislature of the State of Mis- sissip[)i, That parents are entitled to lull jurisdiction aud control of their male children until twenty-one years of age, if unmarried, and over their female children until eighteen years, if unmarried. Process and Mode of Service. § 1310. All civil process issued by a justice of the j^eace shall be under his hand and seal, and shall be directed to the otliccr whose duty it is to execute the same; and every summons shall be issued five days before the return day thereof, unless a shorter day shall be directed by the justice, in pursuance of the preceding section. It such process shall be executed less than live days before the return day, except as afo resaid, such service shall be good to require the appearance of the defendant at the next succeeding the one to which it is returnal)le. §1311. The sheriff of any county, and his (U'pulies, shall cxe- 152 Process and Mode of Service. cute any process directed to such sheriff by any justice of the peace; and, in case of emergency, such justice may authorize and depute some reputable person to execute any process, although he be not commissioned as constable; and the sheriff, or the person so deputed, shall be entitled to the same fees as constables for similar services, and be liable to the same penalties. ^ 689. The style of all process issued by the circuit courts of this State, as well as ail other courts in the State, shall be, " the State of Mississippi;" and, following this style, shall be the address of the otiicer who is to execute the same. g 691. The date of issuance of process shall be prima facie evidence that it issued on that day, but may be disproved, should the matter come in question. § 692. If any person shall, for any purpose, ante-date any process he shall forfeit two hundred dollars to the party aggrieved, to be recovered in an action of debt, and he shall, also be liable, in an action on the case, for any damages resulting from such act. § 693. The first proce^ss in civil suits (except where otherwise expressly provided), shall be a summons, directed to the sheriff, or- other proper officer of the county where the suit is pending, com- manding him to summons the defendant to appear and answer the action on the return day. § 694. The clerk or justice of the peace shall state, in the sum- mons, with brevity, the nature of the action, and upon what it is founded, so as to give the defendant general information as to the nature of the proceeding. § 696. In estimating the time within which process has been served, the day it issued, and the day on which it is served, shall not both be counted. One of those days shall be included in the computation, and the other excluded. § 697. When *any of -the defendants reside in a different county from that in which "the suit is brought, original process may issue at the same time to each county in which any of the defendants reside ; but the clerk shall indorse on the process to be served in another county, upon what particular defendants it is there to be served, and state, also, on the process thus sent abroad, that it is a duplicate, and that process has been issued to the proper officer of the county where the suit is brought, for the other defendants. §101. "Original process from'the courts of this state, shall be served upon individuals by the officer to whom the process is di- rected, in one of the follovving modes : 1st. Upon the defendant, personally, if to be found in the county, by handing him a true copy of the process. 2d, If the defendant cannot be found in the count}-, then by leaving a true copy of the process at hia usual place of abode, with his wife, or some other person above the age of sixteen years, being one of his family, and willing to receive such copy. 3d, If the defendant cannot himself be found, and if no person of his family, aged sixteen years, can be found at his usual place of abode, who is willing to receive such copy, then by posting such true copy on a door of the defendant's usual place of abode. Process and Mode of Service. 153 ^^ 702. It' the sheriff, or other officer, to whom the original pro- cess is addressed, shall execute the same ia the mode first stated in the preceding section, his return shall be made substantially' as fol- lows : "Executed the within process, this da}', upon the defendant, in person, by handing to him a true copy thereof." It the process be executed in the manner secondh' above authorized, the return shall be substantially as follows : " Executed this process, this day, by handing to the wife of the defendant {or, to A. i>., a person of his family., of tlie aye of sixteen years, as the case may he), at his usual place of abode in said county, such person being then and there willing to receive the same, a true copy of this process, said defendant not being found in mv county, after diligent search." If the process be executed in tlie manner thirdly prescribed in the pre- ceding section, the return shall be substantially in the form follow- ing : " The within named defendant, A. B., after diligent search, cannot be found in my county, nor could I find, after diligent search, any parson of his family, of the age of sixteen years, at his usual place of abode, who was willing to receive a copy of this process. I therefore executed the same, this day, by posting a true cop}' tliereof on the door of the defendant's usual place (;! abode, in m}' county." The returns, however made, shall be dated with tlie day of service, and signed by the oflicer serving the process. § 703. If the defendant be a corporation, process may be served on the president, or other head of the corporation, upon the cashier, treasurer, or principal clei'k, or agent of the corporation, or upon any one of the directors of such corporation. If no such person or persons be found in the county, then it shall be sufficient to post a true copy of the process on the door of the office, or principal place of business of the corporation. In suits against railroad and telegraph companies, brought in an}' county othpr than that in which their office or principal place of business may be, the process may be served on any station agent, or sent to any county in which such office or principal place of business may be located, and there served, as herein directed and authorized. § 701. If the defendant be an infant, the process shall be served on hini personally, and upon his father or motlier, or guardian, if he have any in this otate. § 707, The officer serving process, shall not be permitted to ques- tion the truth of his return ; but either of the parties to tlie action may, in the same action, show the return to be untrue. § 708. On motion of either party, and a suggestion that the officer serving process, either by mistake or omission, made a defec- tive return of his proceedings, the return may be amended, but only according to the facts connected with the service. § 711. Any process, appeuring to be, in other respects, duly served, shall be deem.ed good, though not directed to any officer. § 715. Writs of scire facias, for the renewal of judgments, and for reviving suits, may be issued to any county in the State, and siiall be executed and returned in the same manner as a summons. If the defendant is a non-resident of the State, or cannot be found 154 Process Against Partners. to be spi-ved with tlie process, tlie court or the clerk in vacation, moy order publication to be made for one month, in some news-^ paper, requiring the appearance of the defendant, and, on proof of such publication, may proceed as if the writ of scire Jacias had been returned executed. 8 718. When the defendant shall not be found, the plaintili" ma}' sue out an alias ov pluries simimons, until the deferidant shall be served; or he mav have a testatum writ to another count}', where the defendant, after the commencement of suit, shall have gone into another county; or he may have an attachment against the estate of the defendant; and if, upon such attachment, the sheriff shall seize or attach any property of the defendant, the same pro- ceedings shall thereafter be had as if the suit had been originally commenced by attachment. § 2937. When process shall be required to be served on notice, given any number of days, the day of serving the process, or of giving the notice, shall be excluded, and the day of appearance in- cludexl, and so in all other cases, when any number of days shall be prescribed, one day shall bo excluded, and the other included; when the last day falls on Sunday, it shall be excluded, but in other cases Sunday shall be reckoned in the com.putation of time. Service of Process Against Partners. SiXTioN 1. Be it enacted by the Legislature of the State of Mis- sissippi, That in ail actions against partners, some of whom are non- residents of the State of Mississippi, or who cannot be served with process, the service of process on such partners as may be found in the State, shall be sufficient notice to maintain the suit against all the partners; provided, that any judgment rendered in said suit shall bind the assets of such partnership, and the separate property of snch partner or partners as may be actually served with process. (Acts 1876, p. 35.) TEIAL BY JUHY: § 724. All male citizens ot the State of Mississippi, and who are also citizens of the United States, between the ages of twent^'-one years and sixty years, and who are householders, shall be competent jurors and liable to perform such service in the counties where they reside, but not beyond the limits thereof, except that those parsons who have been convicted of any felony shall not be qualified as jurors; but any juior who is over sixty years of age, and who does not plead an exemption, shall be a qualified juror in any case. § 1326. On or before the return day of the process, either party mav demand a trial by jury, and thereupon the justice of the peace shall order the proper officer to summon six persons, competent to serve as jurors in the circuit court, to appear immediately, or at such early day as he may appoint, whether at a regular term or not, Trial hy Jury. lp'> v.lio sliuU be sworn to try the case; but (;;ifli party sl.iili l)e entitled to challenge |)erpin!)t(>rily two oCsaid jtirois, and us many more as he can frhow fcuiiicient cause for. It' a sullicient nnuiber of juror.s shall ndt appear, by-atandurs may be summoned until a jurj- is made up, to consist of six, ai!:ainst whom no sullicicient legal objection shall exist. If the jury fail to agree, they may be ^ defendant in a criminal case before a justice of the peace, may, in like manner as in civil cftses, demand a jury, and thereupon the justice shall i)roceed as in other cases where a jury is ' court of record, or a sheriff, or justice of the peace, and is required to testify in a county different from that of his residence. Lastly : when the witness resides more than sixt^- miles from the |>lace where the cause is to be tried. § 789. Either party may compel ths attendance of a female wit- ness to give evidence orally in court, by making and filing an affi- davit in tlie case that he has good cause to believe, and does verily believe, that her presence in court is necessary ficZecZ, that where the claimant shall not desire to replevy the property, he shall not be required to give bond, and the property shall remain in the hands of the officer, to abide the result of the trial. § 858. When any person, not a party to an execution, shall claim to be the owner of any pers^onal property levied upon by virtue thereof, such person may make oath or affirmation to his right andi Claimant's Issue. 107 tille lo the property so levied on, and may enter into bond, payable to tlie plaintirt" in the execution, with one or more good sureties, in the penalty of double the amount of the fair value of the property so elaimed, which value shall l)e estimated by the officer holding such execution, and shall be endorsed thereon, conditional for the prosecution of said claim, with elTect, or, in ease lie fail therein for the payment to the plaintiff in execution of all such damages as may be awarded against the claimant, in case his claim shall not be sus- tained, or shall appear to have been made for fraudulent purposes, or for dela}', and that he will well and truly deliver the same prop- erty to the sheriir or other officer, if the claim tiiereto should be determined against the claimant; and upon the making of such affidavit and bond, the sheriff or other officer holding the execution, shall receive the same, and shall deliver said property to said claim- ant, and shall return said atlidavit and bond with the execution, and the court shall thereupon direct an issue to be made up between the parties, to tr}^ the right of property' before a jury, at the same term, unless good cause be shown for a continuance. § 859. Further proceedings on such execution sliall be stayed, for an amount equal to the value of the propcrt}^ so claimed, as endorsed and returned by the officer, until the final decision of such claim ; and on all subsequent executions issued on the same judg- ment, prior to Abe final decision of said claim, the clerk shall endorse the amount of said estimated value, for the government of the officer to whom the same ma}' be directed. § 860. If, by default of the plaintiff in execution, an issue for the trial of the right of })roperty so levied on and claimed, be not made up at the term to which such execution is returnable, the court shall discharge the claimant from his bond, and the said property' shall never thereafter be subject to such an execution; but, if from the default of the claimant, such issue be not made up at the first term of said court, the said court shall cause a jur^' to be empaneled, at the instance of the plaintiff in the execution, and sworn to execute a writ or inquiry as to the value of the proper}- claimed by said claimant, and also, to inquire whether or not the claim was made for fraudulent purposes, or for purposes of delay. § 861. On the trial of an issue made up on a claim of property, the burden of proof shall be on the plaintiff in execution ; and such issue shall be tried and governed by the same rules which regulate and govern the trial of an issue in an action of detinue; and either party to such issue shall have all the rights of continuances, new trials or appeals, in the same manner as in any action of detinue ; and the final judgment, on any such issue shall have the like effect on the rights of the parties thereto as if the same had been given in an action of detinue ; and the jury trying such issue, in case they find in favor of the plaintiff in execution, shall assess the true value of the property so found subject to such execution, and shall also certify whether the claim of the claimant was made for fraudulent purposes, or for purposes of delay; and if the jijiry shall omit to find such value, a writ of in(|uiry may be awardeil. The valuation 168 Claimanf s Issue. of the officer takiug the bond of the cUiiuiant shall in all cases bo prima facie evidence of the value of the propert}' ; and in case the jury fail to find the value of the pi'opert\-, the plaintiff" may, at his election, take judgment for tlie value assessed 'by the said officer, Avithout resorting to a writ of inquiry. § 862. Whenever a verdict shall be rendered in such case in favor of the plaintiff in execution, either on an issue joined, or an inquiry by default, the court s:hall pronounce such judgment as would be given in an action of detinue, for tlie specific property, if to be had, and if not, for its value as assessed by the jury, and costs of suit; and if the jury shall find that such claim was made for fraudulent purposes, or for purposes of delay, the plaintiff shall also recover ten per centum damages, on the assessed value of said property which judgment shall be rendered jointly against the claimant, o^' his executors or administrators, and the suret_y or sureties in hi^ bond given on said claim, or such of said sureties as may be livin?^ at the time of said judgment, and execution shall issue thereo''^ accordingly; and the original execution levied on said property sha^j be credited by the amount of the value of said property, as assessed* b}^ the jur_v, and determined b^' the judgment of the court thereupon^ to bear date of the rendition of such judgment; and if any balance shall tlien remain upaidon said original execution, another execution may l)e issued therefor against the defendant or defendants therein. And ill all cases where the value of the property so levied on and claimed, may be assessed at an amount greater than sufficient to satisfy said original execution, the true amount due thereon shall be endorsed by the clerk, on the execution issued against said claim- ant, and the amount of such original execution, with interest and all costs, shall be received of said claimant, in full satisfaction thereof, § 863. Should the plaintiff" or claimants^ or any one or more of them, die before final judgment on such claims of property, the same may be prosecuted or defended b}?- the executors or adminis- trators of such deceased party, and such executors or administrators, may voluntarily appear and become i)arties thereto; and in case the executors or administrators of such deceased claimant or claimants shall not voluntarily appear, or shall neglect or refuse to become parties to the said proceedings, after having been duly served with a scire facias, five days before the meeting of the court, the court may proceed to render judgment against sucli executors or adminis- trators of the deceased claimant or claimants, jointly with the other parties, in the same manner, as if such executors or administrators had voluntarily made themselves paities thereto; and in case of th(! death of a sole plaintiff, or of all the plaintiffs in execution, before final judgment therein, unless the representatives of the proper party or parties, shall appear voluntarily, or on the return of a scire facias executed, and become parties to such proceedings, on or before the second term of the court next after the deatii of such party shall have been suggested on the record, the said claimant shall be released from his bond, and the levj' on said property discharged. In case of the Sales. 169 death of one or more of the plaintiffs in execution or claimants, after final judgment, the same proceedings shall be had by or against the survivor or survivors, or by scire Jacias, and revival against the rep- rrsentatives of the deceased, as may be had upon other judgments in the circuit court. § 861. In case tl-ie claimant shall die before judgment, :uid there shall be no representative of his estate, or such representative shall fail to appear and become a party to such issue, judgnjent shall be entered against the sureties on his bond, for the property, or the value thereof, as assessed by the sheriff, or to, be found by the verdict of a jury em- paneled to inijuire of the same, at the option of the plaintiff, with interest on such value from the date of the claimant's bond. § 865. In case one or more of the sureties on any such claimant's bond shall die before final judgment, and a verdict shall be given in favor of the plaintiff in execution, judgment shall be rendered there- on qgainat the parties living and in court, and the said plaintiff shall have a 8civc facias upon the said verdict, against the executors or administrators of such deceased surety or sureties, to appear and show cause why judgment should not be rendered against them on said ver- dict; and on return of said scire facias executed, unless go(.d cause be shown to the contrary, the court shall give a separate judgment against the representatives of such deceased surety or sui-eties ; and execution may issue thereon. § 866. When the sureties on any clai;jiant's bend shall becom.e insufficient or irresponsible, the court, on motion of the plaintiff, may require additional security to be given thereon, or a new bond, and the said additional sureties, or the sureties on such new bond, shall be lia- able equally, and to the same extent with the original sureties ; and if the claimant shall fail to give such additional or new security, judg- ment shall be civen against him, as by default, for not making up the issue, and a writ of inquiry shall be executed. SALES. § 281, Sales b}- constables shall be held at such convenient times and places as they may appoint, and ten days' notice shall be given thereof, by advertisement, in two or more pul)lic places, in the county or neighborhood ;, and there shall not be more than fifteen days be- tween the levy and the sale of the property levied on. The justice shall make an allowance to the constable, out of the proceeds of the sale, for the keeping of any live stock seized by the constable on execution. § 1345. Jjales of personal property, under execution from justices of the peace, may be made at any convenient point in the district wdiere it is found, or at the courtdiduse of the county, ou ten days' written notice, posted at two or more places in the district best cal- culated, in the opinion of the officer making the levy, to give public notice, or at the court-house door. 170 Attaclnnent. % 1340. When any property sluill be seized under execution, and before a sale, the execution shall expire, or when from any cause property seized shall remain unsold in the hands of an officer, the justice shall issue a venditioni exponas for the sale of such property. ^ 846. All sales b^^ any sheriff or other ofliicer, by virtue of any execution or other process, shall be made at the court house of the county, except when personal property, too cumbersome to be re- moved, shall be levied on, which may be sold at the place where the same may be found, or at any other convenient place, and also, ex- cept where cattle, hogs, sheep, or stock, other than horses and mules, are levied on, the sale of which may be made within the usual hours, on ten days' notice, at the most public place in the neighborhood of the defendant; and such sales may be made on the first Monday of every month, or on the first Monday or Tuesday of each term of the circuit court of the county, and shall not commence sooner than eleven o'clock in the forenoon, nor continue later than four o'clock in the afternoon. Sales of lands shall be advertised in a newspaper published in the count}', once in each week, for three successive weeks; and, if there be no such newspaper, or if the publisher thereof shall refuse to publish such advertisement, then such notice shall be given by putting up advertisements, thirty days before the sale, in five public places, one of wliich shall be at the court-house ; and, in case of the sale of any personal property, notice shall be given by putting up advertisements ten days before the day of sale, in five" public places in the county, one of which shall be at the court-house door, and the ofl[jcer shall proceed, at the time and place specified in the notice, to sell, by auction, to the highest bidder, the property levied on, or so much thereof as will satisfy the execution and all costs. § 847. Whenever, from a defect of bidders, caused by inclement weather or otherwise, the property shall not be likely to command a reason.able price, the sheriff or officer may adjourn the sale, and re- advertise the same for a subsequent sale day ; and whenever the sales advertised for a particular day shall not be completed on that da.y, the same may be continue*d from day to day until completed, notice of such continued sale being given to the assembly, at the close of the first day's sale. ATTACHMENT. EXTENT OF REMEDY AND GROUND VOli. ATTACHMENT. § 1419. The remedy, by attachment, shall apply for the enforce- ment of all liquidated or ascertained debts, of every name and de- scription, whether due by bond, note or open account, or otherwise. It shall extend to all claims for damages, for the breach of any con- tract, express or implied, and whethor written or unAvritten. and to all demands or claims founded upon any of the penal laws of this state. The Affidavit— Bond. 171 § 1420. All attachments shall bo predicated upon one or more of the following grounds, and no others : 1st, that the defendant is a foreign corporation, or is a non-resident of tliis state ; or, 2d, that he has removed, or is about to remove himself, or his property, out of this state ; or, 3d, that he so absconds, or conceals himself, that he cannot be served with a summons ; or, 4th, that he has property or rights in action, which he conceals, and unjustly refuses to ap- ply to the payment of his debts ; or, 5th, that he has assigaed or disposed of, or is about to assign or dispose of, his propert}' or rights in action, or some part thereof, with intent to defraud his creditors, or give an unfair preference to some of them ; or, 6th, that he hath converted, or is about to convert his propert3'"into monej', or evi- dences of debt, with intent to place it "beyond the reach of his creditors; or, 7th, that l.e fraudulently contracted the debt, or in- curred the obligation, for which suit has been or is about to be brouiiht. THE AFFIDAVIT. sj 1421. liefore any writ of attachment shall issue, the creditor, or his agent or attorney, shall make affidavit, before a judge of the sui)rcme court, a justice of the i)eace, a clerk of the circuit court, a clerk of the chancery court, or the mayor or chief magistrate of an incorporate city or town, of the amount of his debt or demand, to the best of his Ivnowledge and belief, stating how the same is due, whether by note, open account, or bond, or claimed as damages for breach of contract, or claimed under a penal law of the state. § 1422. The affidavit shall contain a statement of the existence of one or more of the seven grounds for attachment set forth in section 1420 of this Act, not stated dipjnnctively, but conjunctively, except where one of the distinct grounds for attachmeut contains, within itself, two disjunctive matters. g 1423. If the affidavit purport to be made l)y an agent, or attor- ney in fact, of the attaching creditor, the statement thereof, in the body of the affidavit, shaU be pi'i^^d fdcie evidence of such character and authority. v> 14v4. The officer taking such affidavit shall carefully preserve the same, and return it to the court having jurisdiction of the case, on or before the return day of the writ of attachment. THE BOND. § 1425. Every officer granting an attachment shall, before he issues the same, take a bond, with good and sufficient security, from the attaching creditor, or his agent or attorney in fact, in double the amount of the principal sum alleged in the attidavit to be due, payable to the I'J'- Writ — how issued, etc. defendant in attachment, and his heirs, executors, and administrators, with a condition thereto in the form, or to the effect following : " The condition of tlie above obligation is such, that, whereas, the above bound, , hath, on the day of the date hereof, prayed an attachment, at the suit of , against the estate of the above named , for the sum of , and and hath obtained the same, return- able to the court, of the , of , to be held at , on the day of next. "Now, if the said plaintiff, in the said attachment, shall well and truly pay and satisfy to the said defendant, all such damages as he shall sustain, by reason of the wrongful sueing out of the said attach- ment, and shall also pay all costs which may be awarded against the said plaintiff, in 'said suit, then the above obligation to be void, other- wise to remain in full force and effect." § 1426. If such bond purport to be executed by an agent or attor- ney in fact of the attaching creditor, a statement thereof, in the bond, shall be ^j;7";«« facie evidence that the agent or attorney in fact, liad due authority to act. v^ 1427. The attachment bond shall be carefully preserved, by the officer taking the same, and l)y him returned to the court having juris- diction of the case, on or before the return day of the writ of attach- ment, and he shall endorse thereon his approval of the same. WRIT-HOW ISSUED AND EETUENABLE. S 1428. The writ of attachment may be issued by any officer herein authorized to take affidavits for attachments. If issued by a clerk of a court of record, the writ shall be signed by such clerk, with the seal of the court attached. If issued by any other of the officers author- ized, it shall be uuder the hand of such officer, and shall be made re- turnable to the first day of the next term of the court having jurisdic- tion of the case. g 1429. Attachments shall be in the form, or to the effect following : " The State of Mississippi : "To the sheriff, coroner or any constable of .... county, greeting : "Whereas, A. B. (or C. D., agent and attorney in fact of A. B., as the case may be,) has this day complained by affidavit before me, (de- scribing the character of the officer,) that E. F. is justly indebted to the said A. B. in the sum of .... dollars, or thereabout, due by . . . , (describing the nature of the claim,) and oath having been also made before me that (here recite the ground or grounds for attachment contained in the affidavit,) and bond with security having been given to me pursuant to the statute, you are therefere hereby com- manded to forthwith attach the estate, real and personal, of the afore- said E. F., in your county, to the full value of said demand, and the probable cost of this proceeding, and that you safely keep the property so attached or levied upon in your hands, unless replevied according to Levying and Serving Writ. 173 law, so as to compel the aforesiaid E. F. to appear before the court of said county, to be held at . . . . , on the .... of . . . . , 18 . . , to answer uuto the coinpLiint of the aforesaid A. B., and that you sum- mons the said defendant, if to be found in your county, to be and per- sonally appear at the court aforesaid, on the first day of the term above named, then and there to answer accordingly. "Witness (officers issuing the writ) this the .... day of . . . . , 18. .." << 1130. If, at the time of issuing the writ of attachment, the at- tacliing creditor shall suggest, that any person is indebted to the debtor, or has properly of his in his hands, or knows of any other person so indebted, or who has effects or property of the debtor in his hands, the officer issuing the writ of attachment shall insert therein a command to the otlicer, to summon such person to ap])ear on the return day of the attachment, and answer, in writing, as garnishee of the defendant in the attachment. § 1431. When two or more persons, not residing in this State, are jointly indebted, the writ of attachment may be issued against such debtors, or any of them, by their proper names, or by the name of the partnership, or by whatever other name such debtors may be called, or known in this State, or against the heirs, executors or administrators of them, or any or either of them, and may be levied upon the separate or joint estate, or both, of such debtors, and the lands, tenements, money, goods, chattels, effects, rights and credits of such debtors, or or any or either of them, shall be liable to be seized and taken, for the satisfaction of any debt or demand, for which an attachment will lie by this chapter. § 1432. The officer granting an attachment, may issue duplicate writs to any otlier county in which the defendant may have property or debts due him, which writs shall be returnable to tlie court to which" the original is returnable, and shall be executed and returned in like manner- and when the attachment has not been executed, or where no property has been found, or not sufficient to satisfy the debt, or where the plaintiff desires to garnishee other persons, the clerk of the court, to which the same is returnable, may issue alias writs, to the same or other counties, without a renewal of the bond or affidavit. § 1433. Affidavits for attachments, and writs of attachment, may be made and issued on the Sabbath day; and attachments may be served and executed on that day, if necessary. MODE or LEVYING AND SERVING WRIT. § 1434. The officer who shall receive such attachment, shall forth- with serve and levy the same, upon the lands and tenements, mone}-, goods, chattels and debts of the defendants, wherever the same may be found, or in the hands of any person indebted to, or having effects of the defendant, and shall summon such person as garnishee, to appear at the court to which the attachment is returnable, there to answer on oath what he is indebted, or was indebted to the defend- 174 Levying and Serving Writ. ant, at the time of the service of tlie attachment, or what eflects of the defendant he hath in his hands, or had at the time of the service of the attachment, and what effects or debts of the defendant there are in the hands of an}?- other person, to his knowledge or belief; and such officer shall have power to seize the books of account, and other evidences of indebtedness belonging to the ('.efendant, and to summons, as garnishees, all persons appearing thereby to be in- debted to the defendant, and to levy on the stock, share or interest which the defendant may have or own in any co-partnership or incor- porated company ; and all property, debts and choses in action attached, shall be bound by such attachment from the date of the service thereof; if the defendant can be found, the said officer shall also summon him to appear and answer the action. S 1435. Every writ of attachment shall be executed in the fol- lowing manner, that is to say, in case of a levy on real estate, the officer^hall go to the house or land of the defendant, or to the per- son or house of the person in whose possession the same may be, and then and there shall declare that he attaches the same, at the suit of the plaintiff in the said writ named. But in the event the land is wild, uncultivated or unoccupied, a return upon the writ, by the proper officer, that he has attached the land, giving a description thereof by numbers, metes and bounds, or Otherwise, shall be a sufficient "levy, without going upon the land. In case a levy on the stock, share "or interest of the defendant in any co-partnership or incorporated company, the officer shall go to the office or place of business of such partnership or company, and in the presence of such officers, clerks, or agents thereof as may be present, shall make a similar declaration as in the case of real estate. In case of a levy o\\ the rights, credits, and choses in action of the defendant, the officer shall seize and take into possession the books of account and all other evidences of indebtedness, if the same can be had, and shall summon all persons alleged to be indebted to the defendant, or to have effects of said defendant in their hands, to appear and answer as o-arnishees; and in case of a levy on money, goods or chattels of the^defendant, the officer shall take the property into possession, and safely keep the same, to answer and abide the judgment of the court, unless such third person as may have the same in possession, shall enter into bond with securit.v, to be approved by the officer, payable to the plaintiff' in attachment, in double the value of the property attached, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit. § 1436. The officer serving an attachment, shall make a full report thereon of all his proceedings, on or before the return day of the writ. He shall deliver to the court or clerk, all bonds which he may have taken, pursuant to the law. S 1437. If a writ of attachment, returnable to the circuit court, be' served by a constable or coroner, or marshal of a city, or by any other person specially appointed for that purpose, the writ of attach- ment, with the return thereon, and all property and effects levied on shall'forthwith be handed to the sheriff of the proper county, who Property may he Replevied. 175 shall be responsible for tlie proiicrty so seized, uuless such sheriff should be u paity, iu which event, the officer serving the attachment, shall make the return, and likewise retain the property, unless the court or judge, in vacation, shall make some order I'oi" the safe keep- ing and forthcoming thereof. ^ 1438. Any oHlL-er to whom a writp!' attachment may l)e deliv- ered, may, either before or after serving the same, demand of the plaintiff, or his agent or attorney, a bond of indemnity, to save him harmless from all claimants of the property seized, or to be seized, under sueii writ. HOW PROPERTY MAY BE REPLEVIED. § 1439. The defendant, at any time before final judgment, may replevy the personal property seized, and taken into possession by the officer serving the attachment, by giving such officer a bond, with sufficient security, to be approved by liim payable to the plaintiff, in double the valua of such property, conditioned to have said property forthcoming, to answer and abide the judgment of the court m said suit, or in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the said officer shall restore to the defendant, the property so I'eplevied, and shall return the bond so taken, with the said writ of attachment, and all his proceedings thereon. Such replevy- shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action, of the defendant. § 1440. If any defendant in attnchment shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said offi- cer, pa3'able to the plaintiff' in attachment, iu a penalty double the amount claimed by said plaintiff, conditioned to pay and satisfj- any judgment which may be recovered by the plaintiff in said suit, with all costs, the said attachment shall be thereby discharged ; and all the property of ever^^ kind levied on, attached, or seized by virtue thereof, shall be released and restored to such defendant. The said bond shall be returned with the attachment ; and in case of any re- covery by the plaintiff" in said suit, judgment shall be entered up against the defendant and the sureties in the said bond. After the return of said attachment, the ])ond herein provided for may be given, at any time before final judgment, and may be taken b}' the sheriff, or officer by whom the attachment was served, iu case an}' of the attached property remains in his hands, or otherwise, by the clerk of the court iu which the attachment is pending. § 1441. If the plaintiff shall be dissatisfied with the bond or security, given by the garnishee or the defendant, as hereinbefore provided, he may, within* sixty days after the return day of said attachment and bond, by i)etition to the judge of the court, or to one of the judges of the supreme court, obtain a citation to the sheriff, or other oflioer taking such bond, to appear before ITG Garnishee's Proceedings. 'j=)' such judge, afc such time and place as he may appoint, not less than live days after the service thereof, and show cause, if he can, wh}' the said bond or the security shall not be adjudged insufficient; and such judge shall, then and there, examine said bond, and hear such testimony as either party may offer; and in case such judge shall consider the said bond, or the security, to be insufficient, then such sheriff or other officer shall be subject to the same judgment with the surety in such bond, in the same manner as if he were CO- surety thereon. PEOCBEDIN&S BY AND AGAINST GABNISEEE3. v< 1442. When any garnishee, duly summoned, shall fail to ap- pear and discover, as by this chapter directed, the court shall enter a judgment against him for the amount of the plaintiff's demand, and all costs, and such judgment shall be final, unless cause be shown to the contrary during the same term, and execution shall issue thereon; provided, any such garnishee may answer under oath, to be certified by any person authorized to administer an oath, and forward the answer to the court in which said suit is pending, § 1443. Garnishees shall, in all eases, answer within the three first days of the return term, unless the court, for cause shown, shall grant further time ; and if, upon the answer or examination of an}" garnishee, it shall appear that there is any estate of the de- fendant's in the hands ot any person not summoned, the court shall grant an attachment, to be levied on the property in the hand^ of such person, who shall appear and answer, and be liable as other garnishees. ^ 1444. If a garnishee admits an indebtedness not then due, execution shall be stayed until its maturity; and if he admits the possession of goods or"^ chrttels of the defendant, not seized by the sheriff, such goods or chattels shall be delivered to the sheriff, unless the garnishee shall give bond for the forthcoming thereof,' as herein- before provided. § 1445. When the plaintiff shall allege that the garnishee has not made a full and true discovery of the debt due by him to the defendant, or of the property in his possession belonging to the defendant, he shall, at the term when the answer is filed, unless the court grant further time, controvert the same in writing, specifying in what particulars he believes the answer to be incorrect. The court may direct a jury to be empaneled immediately, unless good cause be shown for a continuance, to inquire what is the true amount due from such garnishee to the defendant, and what goods or chat- tels are in his possession belonging to the defendant; and the court shall o-rant judgment upon the verdict of the jury, as if the facts found'had been confessed by the garnishee in his answer. _ If the answer of the garnishee be "^fouud true, he shall recover his costs against the plaintiff. ^ 1446. The courts having jurisdiction of an attachment, may ' Garnishee' s Proceeclhigs. 177 summon any griniisliec, from one county to another, who shall in all respects bo proceeded against in the same manner as garnishees residing within the county where the attachment is retui'nabie. It" the garnishee, whose answer is contested, shall not be a resident of the county in which the suit is pending, then, upon an issue being" made upon his answer, the venue for the trial of the issue shall be changed, on his api)lication, to the county of his residence. The court in which the issue is tried, shall be authorized to grant new trials and continuances, as in other cases, and the verdict of the jury shall ])e certified by the eleriv, and returned with the issue, to the court in which the suit is pending, and judgment shall be entered thereupon, as if the verdict had there been found. § 1447. No final judgment upon a garnishment shall go against a surety or accommodation endorsed, until judgnieut shall go against the princi[)al, and the preceding endorsers orco sureties, who may be liable to judgment, if they be residents of this State. § 1448. If the personal property attached, or any part thereof, shall have been left in the h.inds of the garnishee, on his giving bond, as hereinbefore prescribed, or shall have been replevied by the defendant, tiie jury trying the issue between the parties, if they find for the jjlaintitf, shall assess the value of the property so left in tlie hands of the garnishee, or replevied by the defendant, as well as the debt or damages due the plaintifi"; and ii' the value of the property shall equal the amount found due the plaintiff, judgment shall be entered against such garnishee and his sureties, or against the defendants and his sureties, on such replevin bond, for the amount of said verdict; and if the value of the property be less than the amount found due the plaintiff, judgment shall be entered against defendant, for the amount of the verdict, and against the sureties in hs replevin bond, or against the garnishee and his sureties, for the value of the property so replevied, or left in the hands of such garnishee; and if judgment by default shall be entered, in such case, againt the defendant, a writ of inquir}"- shall be awarded, to assess the value of the property so replevied, or left in the hands of the garnishee; on the execution thereof, judgment shall be entered, as above provided. In all cases provided for in this article, the judg- ment against the sureties of the defendant, or against the garnishee and his sureties, shall be satisfied and discharged, by the deliverv to the sheriff of the county, of the property replevied or left in the hands of the garnishee, within ten day after execution on such judgment shall have come to his hands; and such sheriff shall sell the property so delivered to him, and apply the proceeds to the pay- ment of the execution; and, in all cases, the valuation of the prop- ert}', by the officer taking such bond, shall be inima facie evidence in favor of the plaintiff, of the value of the propert}'. § 1449. Tiie defendant, in 'attachment, may contest the answer of any garnishee, and may allege that the garnishee is indebted to him in a larger sum than he has admitted, or that he holds property of the defendant not admitted by the answer, and shall specify in writing, in what particulars the answer is untrue or defective ; and 12 178 Garnishee's Proceedings^ thereupou aa issue shall be made r.p, or the answer aud exception shall constitute aa issue, to be tried by a jury, but this controvers}' shall not prevent the plaintiff" from taking judgment for the sum admitted by the garnishee, or for the condemnation of the property admitted to be in liis hands. ^. 1450. If the issue be found against the garnishee, judgment shall be rendered against him for the amount of money or property in his hands not admitted by him, which judgment shall be in favor of the plaintiff, if necessary \o satisfy his judgment or claim against the defendant, or in favor of the defendant, if the judgment of the plaintiff has been satisfied, or for so much thereof as may remain after satisfying said judgment. § 1451. "When a garnishee, by his answer, or at any time before or'after final judgment against him, shall allege that he has been notified that another person claims title to, or an interest in the debt or property which has been admitted by him, or found by a jury to be due, or to be in his possession, and shall, if the question be of a debt due, pay into the court the amount thereof, the court shall sus- pend all further proceedings, and cause a citation to issue to the person so claiming to appear at the next term of the court, and contest with the plaintiff the right to such money or property ; or, if such claimant be a non-resident, publication shall be made in the same manner as against non-resident defendants in attachment. § 1452. If the claimant fail to appear, the court shall adjudge the money or property to the plaintiff'. If he appear, he shall propound his claim to the debt or disputed property, in writing, under oath or affirmation, and the plaintiff may take issue thereon, and the same shall be tried and determined as other causes in said court, and the court shall adjudge the money or property to the party that may be found entitled to the same ; and in all such cases the garnishee shall be protected from all further liability to either part}', in respect to such debt or property. § 1453. If a garnishee in attachment shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property, which has been due, or belonging to the defendant be- fore notice of any sale, assignment or transfer thereof, by the de- fendant, to any other person, such garnishee shall not thereafter be liable for said debt or property to the vendee or assignee thereof. § 1454. The garnishee shall be allowed, by the court, reasonable satisfaction for his attendance, out of the debt or effects in his pos- session; or against the plaintiff in attachment, in case there be no debt or effects in his possession; ^^rovuZecZ, he shall put in his answer at the return term of the attachment within the time pre- scribed by law. ATTACHMENTS FOR DEBTS NOT DUE. § 1455. When any creditor, whose debt is not due, shall make affidavit that he has just cause to suspect, and veribly believes, that Claim hy Third Party. 171) his debtor will remove himself, or his cfTccts, out of the state, be- fore tlie said debt will become payable, with intent to hinder, delay or defraud liis creditors, or that he hath removed, with like intent, leaving ])roperty in this state, and shall give bond, as in other cases, lie may obtain an attachment in the county wliere the debtor resides, or last resfded, or where iiis i)ro[)crty may be I'ouud ; whieii attach- ment shall be issued, executed and returned, and the like proceed- ings had thereon, as in other cases of attachment; and if the debtor shall not, on or before the return (h^y thereof, enter into bond to the plaintiff, in double the sum due, with suflicient sccurit^y, for the pay- ment of said debt, when it sli^U become payable, and the costs of the attachment, the court, on due proof of the justice thereof, shall grant judgment, as in otlier cases of attachment ; and on giving such bond, the same shall be handed over to the said plaintitf, and the attachment shall thereupon be discharged. When judgment shall be rendered, execution against any garnipliee indebted to the defendant shall be stayed, until the claim of the plaintiff, or the garnishee's debt to the defendant, shall become due, and the goods and property attaclied shall be sold on a credit, until the time when the plaintiff's claim shall be payable. The sheriff, or other oQicer selling such property, shall take bond from the purchasers, paj-able to the plaintiff in attachment, for the amount of his debt, interest and costs, which bond shall be returned with the execution, and, if not paid at maturity, shall have the force and effect of ii judgment, and execution may issue thereon, as on a judgment of a court of record ; and where the property shall sell for more than the debt, interests and costs, the officer shall take a bond for the surplus to the defendant, and deliver the same to him ; but no more property shall be sold than is necessary to satisfy the judgment, except where the property cannot be divided ; and the officer making the sale shall only be entitled to commissions on the amount of the plaintiff's demand, and the costs and commissions shall be included in the bond or bonds, taken to the plaintiff", who shall be liable therefor to the officers of the court. If the defendant shall have replevied the l)roperty, execution against the defendant, and the sureties in the replevin ])ond, shall be stayed, until the plaintiff's claim becomes due and paj-able. CLAIM BY THIED PARTY. i^ 1456. Whan property is levied on, under any writ of attach- ment, and the same is claimed by any third party, as being his prop- erty', such third party shall be entitled to all the provisions made by law relative to claimant's issues, in the circuit court, growing- out of levies under writs of fieri facias. All the proceedings shall conform to the provisions of the statute, relative to claimant's issues, herein referred to. § 1457. Such claimant in attachment cases, may have his claim tried without giving bond ; but, in that case, the property shall not 180 Ground for Attachnient Contested. be replevied. All such issues shall be tried without dela}', and the losing party shall pay all costs occasioned by the claim. ALLEGED GROUND FOR ATTACHMENT CONTESTED. g 1458. The ground or grounds, stated in an affidavit for attach- ment, shall not be considered conclusive on the defendant ; but he may, at the first term, proceed to contest the same in the following manner : ;< 1459. At the term to wliich the attachment is returnable, the delendant may iile a pica in abatement of the attachment, traversing the oround or grounds upon vvhicii the writ was obtained. § 1460. This plea shall be sworn to, and when it is filed, the issue shall*l3e considered as formed, without an^^ response to the plea. § 1461. The court shall, at the first term, or as soon thereafter as'practicable, and before any trial of the case on its merit?, cause a jury to be empaneled, to try such issue, and determine, by their verdict, whether the attachment was wrongfully sued out or not. § 1462. On the trial of such issue, both parties may introduce all legal evidence relative to the issue, and the defendant may give evidence as to the damages, if any, which the issuance of such at- tachment has occasioned him, all damage he has sustained, includ- inty lawver s fees, traveling expenses, hotel bills, loss of trade and special injurj^ to his business ; but the defendant, when he files his plea in abatement, shall give plaintiff written notice of what special damages he will insist upon at the trial. g 1463. If such issue be decided for defendant, he shall have judgment in his favor for the damages assessed, and final process shall issue against plaintiff, and the sureties in his attachment bond, and for damages assessed by tlie jur^', and the costs of suit, and the attachment shall be dismissed; jirovided, that such judgment against the sureties in the attachment bond shall not exceed the penaltj'' thereof. § 1464. If the issue be decided for plaintiff, the defendant shall be' permitted to plead to the merits, without dela3'ing the cause un- reasonably, on such terms as the court ma}' impose. g 1465, The plaintiff may dismiss his attachment, but defendant shall have a jur}^ empanneled foi'thwith, to assess the damage sus- tained, by reason of suing out the attachment. SALE OF PERISHABLE PROPERTY. ij 1466. When goods and chattels are levied upon, under attach- ment, which are in danger of immediate waste and deca}-, they shall l)e sold in the manner following : PiMication and Motice. 181 § 1467. The oflicev levying on such goods, shall immediately summons three male house-holders of the count}', and administer to them an oath, to examine such goods, and certify, iu writing, whether, in their opinion, tlie goods are perishable, § 1468. If such house-holders certify tliat the goods are perish- able, the officer holding them, shall sell them to the highest bidder, for cash, after a written notice, i)0sted at tlirce pu])lic places, in the supervisor's district where the goods were found, for two entire days before the sale ; the proceeds of such sale shall be held by the offi- cer, to abide the result of the suit. § 1469. The owner of such goods ma}- replevy the same, as in other cases, at any time before such sale occurs. ATTACHMENTS BY AND A&AINST NON-RESIDENTS. ^ 4470. Non-resident creditors shall have the full benefit of the attachment laws of this State, for the collection of their claims against all persons residing or being within the State. ^^ 1471. Non-resident creditors may also sue out attachments against their debtors residing without the limits of this State, and subject any property, or effects or credits of such non-resident debt- ors being within the State, to the payment of the demands of such non-residents creditors. PUBLICATION AND NOTICE. § 1472. When a writ of attachment has been levied on tlie prop- erty of defendant, or served on any debtor of defendant as a gar- nishee, and it shall appear that the defendant has not been found, or that he was attached as a non-resident, it shall be the dutv' of the plaintiff to fde in the court, or with the clerk thereof, an afiidavit setting forth that said plaintift" hath been informed and verily believes the fact so to be, that said defendant is not within the State. The afiidavit shall also state where said defendant is sup- posed to be, naming the post office where he receives his letters, if the plaintiff has any knowlege or belief as to that matter; and if plaintiff hath no such information, he shall so state in his afiidavit. § 1473. When such affidavit is made and filed, it shall be the dut}' of the' court, or the clerk thereof in vacation, forthwith to insert a notice in some newspaper printed and published in the county where the court sits; (if there be one), if not, in some con- venient newspaper in another count}', stating the pendency of such attachment, at whose suit it is \)rought, in what court, when return- able, and what sum is claimed; and citing the said defendant to be and appear before such court, and plead to the case; in default of which appearance, judgment by default shall be rendered, and the 182 FinalJudgnient and Sales.' property sold, and the effects applied to the pa3'ment of plaintiff's claim ; provided, that in all suits of attachment against non-residents, or absconding debtors, before justices of the peace, advertisement shall be liy posting notices in three or more public places, in accor- dance witli this section. § 147-4. The aforesaid notice shall be published for four consec- utive weeks. It shall cite the defendant to appear at the return term of the attachment, if there be time for such appearance after the completion of the publication. If there be not time for such appearance, then the notice shall cite the defendant to appear at the next succeeding term of the court. § 1475. If the affidavit, made as herein provided, states the post- office of the defendant, then the clerk of the court or the justice of the peace, as the case may be, shall immediately forward, b}' mail, postage paid, to the address of such defendant, a copy of the notice inserted in the newspaper ; and the clerk or justice, forwarding such notice, shall make affidavit of the fact, stating the time when, and the place where, such notice was forwarded, and file the same in the papers in the case. FINAL JUDGMENT AND SALES. ^ 147G. The defendant in attachment, may appear, by himself or attornc}', without replevying the property attached, and defend the suit, as in other actions for the recover}'' of mone}', at any time before final judgment; but no judgment by default, regularly taken, shall be set aside, except upon cause shown ; and in case the defendant shall have been personally summoned, or shall appear and plead to the action, the judgment therein shall have the same force and effect, against the person and property of the defendant, as in other actions where a summons has been personally served on him: lorovided, however, that such appearance shall not vacate or offect any bond taken under this act, nor discharge an}^ garnishee, nor affect any lien created by the attachment; but the proceedings in respect to any property attached, or any garnishee summoned, shall be the same as if final judgment had been entered b}' default, without an}' appear- ance of the defendant. § 1477. If the defendant shall not appearand plead to the action-, in pursuance of the notice, the court, on proof of the publication thereof, shall give judgment against him by default, and award a writ of inquiry, if necessary; but on such judgment by default no exe- cution shall issue, except against the property on which the attach- ment has been served, or against a garnishee who shall have i^oney or property in his hands belonging to the defendant. ,$ 147r a debt due by their testators or intestate, to the defendant; but lo judgment shall be entered, in such case, against an exeeutor or ivl- minstrator, until the lapse of six months after the grant of iis letters. § 14SG. If the defendant shall die, after the service of the rrit of attachment, the action shall not thereby be abated or dis'On- tinued, but shall be carried on to judgment, sale, transfer, and Inal determination, as if the defendant were still alive, and such d|ath had not occured ; and all ])roceedings and deeds, in such cases are hereby declared to be as valid and effectuai in law, as if hadand made in the lifetime of such defendant. § 1487. Attachments ma}^ be executed by any constable, bjthe sheriff, by the coroner, or b}-- the chief police officer of any incor- porated town, or l)y a person specially appointed for such pui:)Ose, and sworn faithfully to perform such dutv. § 1488. Attachment suits, and all issues grovv'ing out of hem, shall be tried at the return term, unless good cause be shownfor a <'ontinuance. ATTCHMENTS AGAINST SHIPS, ETC. An Act to provide a remedy- by attachment against ships, steambo^s and other watei'-craft. Section. 1. Be it enacted by the Legislature of the State jf the Mississippi, That when any person shall have any cause of fction Attaclnnenb against Sldps. 185 other tliaii mtiritimc contract, against tlio owner, captaiu, master, supercargo, or other ])erson in ciiarge of any ship, brig, schooner, sloop, steamboat, keel-boat, flat-boat, tug, boat or other water-craft, in any of the navigable waters of this state, or navigating the rivers or seas in or adjacent to this state, for, or on account of an}' such water-craft, or the business in which said craft niiay be em- ployed, it shall 1)0 lawful to prosecute the same against such water- craft, by the name thereof, or by such description as will enable the ollicers executing the writ to indentify the same. Sec. 2. lie it lurther enacted, That the person having such right of action, his agent or attornc}', shall make complaint, on oath, to an}' judge or justice of the ])eace, stating the amounts of his demand to the best of his knowlege and belief, and naming or des- cribing the said water-craft therein, and shall give bond, to be approved by said judge or justice, pavable to the said water-craft, to the use of such person or persons as may be interested therein, in double the sum for which the complaint shall be made, in such form, and with such condition, as is required in other cases of attach- ment, and thereupon the said judge or justice shall grant an attach- ment, directed t» the sheriff, or other proper oflicer, of any county in the state, returnable to the next term of the court, where the suit may be cognizable, and which shall be the leading process in such suit ; and such sherill or other officer shall serve and levy such attachment on said water-craft, wherever the same may be found, or on any personal i)ropcrt3' belonging to and contained therein, to an amount sullicient to pay said demand and costs. Sec. 3. Be it further enacted, That all such attachments shall be repleviable- at any time before sale of the propert}', or final judgment in the cause, by the owner, captain, master, supercargo, or other person in charge of the water-craft, against which the same may be issued, on such person giving bond to the sheriff, with sufficient sureties, payable to the plaintiff, in double the amount of the sum sworn to, conditioned that such person will appear at the next term of the court to which the attachment may be returnable, and abide by and perlbrm such judgment or decree as the court may render in the premises, and said bond shall be returned into court, and in case judgment shall be given lor the plaintiff, said judgment shall be entered against all the parties bound in said bond, for the amount adjudged in favor of the plaintiff, and all costs, and in the event of- the deatii of any surety on the bond, the court may order a judg- ment nisi, to be entered against the i)ersonal representatives of such deceased security. Sec. 4. Be it further enacted. That the proceedings on such attach ments, except as otherwise provided, shall be, in all respects, the same as in case of attachment against absent debtors. Sec. f). Be it further enacted. That such attacliments may be cognizable before a justice ot the peace, for sums within his juris- diction, and may be proceeded on in the same manner, and with like effect, as hereinbefore provided. Sec. 6. Be it further enacted, That no such vessel shall be bound 186 Replevin. in the hands of a bona -fide purchaser, without notice, for any debts or liabilities contracted or incurred before such sale, unless the action for the same shall be commenced within ninet}^ da3^s after such sale, or if the vessel be absent at sea or elsewhere, then within ninety days after the return of such vessel, if the money be due at the time of such sale ; but if the money pavable on such debt or liabilit}' be not due and payable at the time of such sale, then the action shall be brought within ninety days after the money shall become due and payable, or the return of the vessel as afore- said. Sec. 7. Be it further enacted, That the officer serving said attach- ment, shall summons the owner, captain, or other person having charge of such water-craft, to appear at the return tei-m of said writ and answer accordingl3% and such service shall be sufficient to authorize the court trving the same to proceed to final judgment, according to the provisions of this Act. Approved March 4, 1875. EEPLEVIN. HOW OBTAIXED, AND PROCEEDINGS THEREIN. § 1528, Whenever any goods and chattels are, or shall be, wrong- fully taken or detained, an action of replevin may be maintained by any person having the right of immediate possession, for the recov- ery thereof, and for the damages sustained by reason of such wrong- ful taking or detention ; 2^i'ovided, such action shall be brought within one year i.ext after the plaintiff's right of action has oc- curred, and not after. § 1529. Before any writ of replevin, in such case shall issue, the plaintiff", or his agent or attorney, shall make and tile in the office of the clerk of the circuit court, or with a justice of the peace, in cases within the jurisdiction of a justice of the peace, 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 of action has ac- crued within one year. § 1530, The writ of replevin shall command the sheriff' or other lawful officer of the proper county, to take the goods and chattels specified in the affidavit, and to deliver the same to the plaintiff, upon the plaintiff' entering into bond to the defendant, with suffi- cient security, in double the value of the property, to be ascertained by the valuation of the sheriff, or other officer into whose hands the writ may come, conditioned that he will prosecute the writ with effect, and without delay make return of the property to the de- fendant, if return thereof be adjudged, and pay the defendant such damages as he may sustain by the wrongful suing out of said writ, and also such costs as mav be awarded a^j^ainst him, and save harm- Replevin. ^^"^ less the sheriff or other officer, as the case may be, lor replevying the said property; unless the defendant shall enter into bond, with sufficient security in like penalty, payable to the plaintiff, condi- tioned that the property siiall be forthcominj? to satisfy the judg- ment of the court, and to summon the defendant to appear in court on the return day of the writ, to answer to the action. And upon the defendant entering into bond as aforesaid, the property shall be restored to him. § 1531. The defendant shall give bond, as above _ provided, within two days from the seizure of the property, and failing in that time, the property shall be delivered to the plaintiff, as a])ove pro- vided ; but if the plaintiff, when notified of. the failure of the de- fendant to give bond, shall not himself give the required bond, within a reasonable time, the property shall remain in the hands o. the sheriff, or other officer, until the trial, subject to the right of either party, on application to the sheriff or other officer, to be allowed" to give bond and receive the property, and if either party gives a bond, that shall not affect the suit, but it shall never- t K plpgg i')VOCGGcl • § 1532. The declaration may be filed, after the issuance of the writ ; provided, it be filed on or before the first day of the return term, or before any order of nolle i)tos. be taken; and the action may be tried at the first term of the court. The defendant may plead that he is not guilty of tlie premises charged against him, and this plea shall put in issue, not only the right of the plaintiff to the oossession of the property, but also the wrongful taking and deten- tion thereof. In cases before justices of the peace, the proceed- ings shall be as in other cases before them. § 1533. When the property shall have been permitted to remain in'the ])ossession of the defendant, if the plaintiff recover, the judg- ment of the court shall be against the defendant and his sureties, that thev restore the property to the plaintiff, or pay him the value thereof, ""as assessed by the verdict of a jury, and also for such damages as shall have been assessed by the jury, for the wrongfu taking or detention ; and the valuation of the sheriff, shall m all cases, under this chapter, be frima facie evidence of the value of the property. § 1534. "if a plaintiff in replevin, "to whom the property has been delivered, fail to prosecute his suit with effect, the jury shall assess the value of the property, and the damages sustained by the de- fendant, and the judgment of the court shall be against the plain- tiff and his sureties, that they restore the property to the defendant, or pay him the value thereof, so assessed, and also the damages so assessed, for wrongfully sueing out the writ. If the plaintiff make default, or be non-suited, the defendant 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 bonds, before the termination of the trial, the court may order judgment nisi to be rendered against the per- sonal representatives of such deceased surety, and the party may 18S Replevin. have like Judgnent, uijou the finding of the jur}-, Jis upon an issue found for hNn ; and if no bond was given, and the property remains in the hands of the sheriff, or other officer, the value of the prop- ert_y, and the damages sustained, shall be assessed, and judgment shall be for the recover}^ of the property, and the damages assessed against the party liable, and the sheriff or other officer shall deliver the property to the successful party, and the execution shall issue for damages and costs of suit. § 1535. If the party in 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 possession of the losing party, the execu- tion shall command the sheriff to take the property' in controversy, if the same mny be had, and deliver the same to the successful party, and if not to be had, that he make the value thereof, together with the damages and costs, of the goods and chattels, lands and tenements, of the party and his sureties, against whom the judgment is rendered ; or the successful party may have his distringas to com- pel the delivery of the property, together with a fieri facias for the damages and costs. § 1536. The bond directed by this chapter to be taken in either case, shall be returned with the writ to the court issuing the same ; and if the sheriff fail to take a proper and sufficient bond, and re- turn the same; or if the bor.d taken be adjudged insufficient, and the party giving it shall, if required, fail 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 b}^ spe- cial action on the case ; provided, the parties shall have the same right of amendment under this chapter as that given by the chapter providing the remedy by attachment. § 1537. If either party in such suit, or the sheriff, shall at any time deem any bond taken under this chapter to be insufficient, such party or sheriff, if in vacation, may, upon application to the judge of the court where such writ may be pending, obtain a citation, under the signature of said judge, commanding the obligor in such bond to appear before such judge, at such time and place as the said judge shall therein designate, and if in term time, such party or sheriff maj^ proceed, by motion, against the obligor on such bond, and in either case the judge or court, shall, ftfter hearing the evi- dence of both parties, determine the sufficiency or iasufficiency of such bond ; and if the bond given by the plaintiff shall be adjudged insufficient, he shall give anew and sufficient bond, within the time limited b}' the court or judge, and in default thereof, the defendant siuiU be entitled to proceed and enter judgment, as in case the plain- tiff should be nonsuited, 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 giving bond as by this chapter directed, shall be entitled to a judicial writ, commanding the sheriff" to take the prop- erty in controversy, and deliver the same to the plaintiff ; and there- Forcible Entry and Detainer. 189 upon such proceedings shall be luul as if the pi-DiJcr ty had lu.'on de- livered to the plaintifF in the fust instance. FOECIBLE ENTRY AND DETAINER. IN WHAT CASES A REMEDY. § 1582. An}' one deprived of the possession of land b}' force, or intimidation, or fraud, or stratagem, or stealth, and any landlord, vendor, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendor, mortgagor, or grantor, or other person, after the expiration, of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, «n* from whom possession is so withheld, as against him who so obtained possession, or withholds possession, after the ex- l)iration of his right, and all claiming to hold under him, shall, at any time within three years afier such deprivation or withholding (^f possession, be entitled to the summary remedy herein prescribed. THE COMPLAINT. § 1583. The party so turned out of possession, or so held out of possession, may exhibit his complaint before any justice of the peace of the county or corporation within which such lands or tene- ments may lie, in the following form, or to the following effect, that is to saj' : County, [or corporation) of , to-wit : A. B., of the said county (or corporation) complains that C. D. , hath unlawfully turned him out of possession (o?- imlaicfidbj with- holds Jrom him the possession) of a certain tenement (describing it), containing, by estimation, acres of land, with the appurten- ances, h'ing and being in the county (or corporation) aforesaid, whereof he prays restitution of the possession.' A. B., Plaintiff. Such complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot thei'eof, after the following manner: County, (or corijoration) of to wit: This day the above named A. B. made oath (or affirmed) before me, a jwstice of the peace for said county (or corjJoration), that he verily believes the allegations of the above complaint to be correct and true. Given under mv hand this dav of E. Field, J. P. THE WARRANT. § 1584. The justice, before whom such complaint shall be made, shall thereupon issue his warrant, to the following effect: County (or corporation) of , to wit : 190 Forcible Entry and Detainer. 'WhercMS, A. B. lialli made complaint, ou oatli {or affirmation), belbre me, a justice of the peace for tlie said county (or corporation), that C. D. hath unlawfully turned him out of possession (or unlaw- fully, and against his consent, holds him out of 2Jossession) of a cer- tain tenement, and .... of land, with its appurtenances, lying and being in the said county (or cytyuration), and hath prayed restitution of the possession thereof; these are, therefore, in the name of the State of Mississippi, to require you to summon the said C. D. to appear at . . . . , (which shall be at the usual i^lace of holding justice's court, in said district), on the day of , before the justices of the county (or corporation) aforesaid, to answer to the complaint aforesaid, and also require you to give notice of this warrant to two other justices of the peace for the said county (or corporation), and to request their attendance at the time and place aforesaid; and have then there this warrant. Witness rav hand this day of " E. Field, J. P. § 1585. The warrant aforesaid shall be directed to the sheriff or coroner, or any constable of the proper county, as the case ma}' require, and shall be made returnable on a day certain, not less than five, nor more then twenty days after its date, and shall be forthwith executed hy the proper officer, who shall make due return to the jus- tices, at the time and place therein mentioned, of the manner in which he shall have executed the same. § 158G. The said warrant shall be served on the defendant, five days before the return da}', either by delivering to him a copy there- of, or if he cannot be found, by delivering a copy thereof to an^' person of his famil}', above the age of sixteen years, at his usual place of residence, or if no such person be found, then by setting up a copy i.n some conspicuous place, on Uie tenement in the warrant mentioned. § 1587, At an}' time after such warrant shall have been issued, it shall be lawful for the justice issuing the same, upon the appli- cation of either part}-, to issue subpoena for witnesses, requiring them to attend at the court, before the justices, at the time appointed as aforesaid, to give evidence on the trial. Au_y subpceua so issued, shall be executed in the same manner, and shall have the same force and effect, as a subpoena, issued according to law, in a cause pend- ing in the circuit court. THE COURT. § 1588, It shall be the duty of the justices, notified as aforesaid, and of the justice who .shall have issued the warrant, to attend at the i)lace of holding a court, on the day therein specified for the trial of the complaint aforesaid, for which purpose such justices, or any two justices of the county, (or corforaiion, as the case may be), shall constitute a court. Such court shall be considered a court of record ; they shall have power to issue nil proper process to bring before them witnesses, or other per- sons wliose attendance may be lawfully lequired by them ; and Forcible Entry and Detainer. 191 they may adjoui'ii IVoni day to day, mid IVoiu time to time, until the trial siiall be ended. The sherilf oi- coroner, or constable, as the case may require, shall be attendant upon them, and execute their orders. TllK TRIAL AND KIN'AL JUDGMENT /.NO EXIX'UTION. § 1589. When tiie justices have so met, and formed a court, on the day and at the place aforesaid, if it shall appear to them that the defendant has been duly served witli the warrant, they shall pro- ceed, without further i)leadings in writing to tlie trial of the com- plaint aforesaid. § 1590. In any action of unlawful entry, or unlawful detainer, the plaintifi" may, on the trial, claim and establish, by evidence, any amount due for arrears of rent, of tlie tenement of which possession is sought, or reasonable conipensation for the use and occupation thereof, during the time the same has been occupied by the defend- ant, not exceeding the sum of one hundred and fift}^ dollars; and the said justices shall find, upon the evidence, the said arrears of rent, or reasonable compensation, as aforesaid, and shall cause judg- ment to be entered up against the defendant in the action, for such arrears of rent, or reasonable compensation, as aforesaid, and award a writ of fieri facias thereon. § 1591. If the finding be for the plaintiff, the justices shall ren- der judgment in favor of the plaintiff, that he recover possession of the tenement aforesaid, with full costs, and shall award a writ of habere facias possessionem, which shall be issued by the justice who commenced the proceedings. § 1592. If the finding sliall ba in favor of t!ie defendant, the jus- tices shall render judgment against the plaintiff', that his complaint be dismissed, and that the defendant recover of him full costs; and the judgment of said justices, rendered as aforesaid, either in favor of the plaintiff or the defendant, shall be executed in the same manner as if it had been the judgment of any other court of record in the state. § 129o. If the court shall be composed of but two justices of the peace, and they shall disagree in deciding, the decision of the justice before whom the complaint was made, shall be the judgment of the court. APPEAL AND PROCEEDINGS. § 159-i. Either party aggrieved by the judgment of said justices, ma^', after final judgment, appeal to the circuit court of the county, on the appellant, within live days after the rendition of the judg- ment, entering into bond and security, in the presence of the jus- tice before whom the complaint was originali}' made, and apjjroved by said justice, in a penalty of two hundred dollars, payable to the opposite part}', conditioned for the pa3-ment of the costs before the said justices, and of all costs, that may accrue in the circuit court, in case the appellant fail therein ; but sv.ch appeal shall not operate as a supersedeas ; and the said justice shall send to the circuit court, all the papers and proceedings, and a transcript of all orders and 192 Forcible Entry and Detainer. iuda-ments in Sfiiil cause, and shall deliver the same to the clerk of thecircuit court, to be there docketed for trial; and the said circuit court shall, at the first term, empannel a jury, ai]d hear and deter- iniue the said cause anew on its merits, in a summary way, and mpy award restitution, if necessary, § 1595. When the plaintiff shall have claimed and obtained judg- ment, in any such action, for arrears of rent, or for the use and occupation of the property in controversy, the defendant, before he shall have an appeal, shall give bond in double the amount of such rent or damages, in addition to the penalty required in other cases ; and such bond, besides the condition required in other cases, shall also be conditioned, that the appellant shall pay such sums as may be adjudged against him in the circuit court, for arrears of rent (n- damages, lor the use and occupation of the propert}' in contro- versy ; and on the trial of the cause in the circuit court, the plain- tiff may claim for all ai:rears of rent due at the time of such trial, or for the use and occupation of the premises up to that time, if the same shall have remained in the possession of the defendant, and the jury shall be charged to inquire and find the same ; and the court shall cause judgment to be entered against the defendant, and his sureties on the appeal bond, for the amount of such verdict, and award a fieri facias thereon, with legal Interest and all costs ; ^jro- vided, that the judgment against the surety shall not exceed the penalty of the appeal bond. § 1596. In all appeals to the circuit court, under this chapter, the ^ said court, on motion of the appellee, may inquire into the sufficiency of the amount of the appeal bond, and of the security thereon, and may require a new bond, or additional security, on pain of dismissal of the appeal. § 1597. The clerks of the circuit cDurts are hereby required to tax in the bill of costs, after final judgment, all the costs that accrued on the trial before the justices, in all cases herein provided for, and in- clude the same in the fieri facias by him to be issued for the costs accruing in the same case in said circuit courts. MISCELLANEOUS PROVISIONS. § 1598. No judgment rendered as aforesaid, either for the plaintiff or the defendant, shall bar any action of trespass, or any action of ejectment, or other action between the same parties, respecting the same tenement; nor shall any verdict, found as aforesaid, be held con- clusive of the facts therein found, in any other action between the same parties. § 1599. Every justice of the peace, summoned to attend the jus- tice aforesaid, and failing to attend, Avithout sufficient cause therefor, shall be liable to a fine of twenty dollars, to be imposed by the said justice, for the use of said county ; and the said justice shall issue a scire facias against such defaulting justice of the peace, returnable to the next term of his court, to show cause why such fine should not be made final; and execution shall issue therefor, if judgment bo made final. Lien of Mechanics. 193 § 1600. The juslices lioliliiig such court, mid the sheriff or other officer attendiug the same, shall each he entitled to two dollars a day for attending the trial; and all other fees of witnesses and oUicers, for services rendered in relation to the proceedings and trial aforesaid, shall be the same as the fees for similar service!*, rendered in a suit at law, respecting the title to land, in the circuit courts, and shall be taxed in the costs. § 1601. The justice before whom the complaint is made under this chapter, may, before issuing any process, require the plaintiff to give bond, with security, for the payment of the costs ; and in case judg- ment should go against the plaintiff, judgment shall be entered against him and (he sureties on his bond, for the amount of costs. LIEN OF MECHANICS. WHEN LIEN ALLOWED. § 1603. Every house or other building, bridge, mill, or any addi- tion erected thereto, and any fixed machinery, or gearing, or other fixtures for manufacturing purposes, and every boat or other water- craft, or paling, or other inclosure, hereafter erected or built within this state shall be liable for the payment of any debt contracted and owing for labor performed, or material furnished about the erection and construction or alteration or repairs, and such debts shall be a lien on such building or improvement, and on the land whereon it stands, including the lot or curtilage whereon the same is erected ; but such lien shall only take effect as to purchasers and incumbrance in good faith, and for valuable consideration without notice of such lien, from the time of filing the contract, under which such debt was incurred, in the office of the chancery clerk of the county where such land is situ- ated, to be recorded, or of the commencement of a suit in the proper court for the enforcement of such lien. § 1604. When any such building or other improvement shall be erected, in whole or in part, by contract, such building or improve- ment, and the land on which it stands, shall be liable to the contractor alone for work done or materials furnished in pursuance of such con- tract, and no building or laud shall be liable for work done or mate- rials furnished by any person not employed by the owner. § 1605. If any such building or improvement be erected \jj a tenant, or other person not being the owner of the land, then only the building and the estate of the tenant, or other person so erecting such building or improvement, shall be subject to the lien created by this act, unless such building be erected by the written consent of the owner of the land. § 1606. When any contractor or master workman shall refuse to pay any person, who may have furnished materials used in the erection of any such building or improvement, or the wages of any journey- man or laborer employed b\ iiim therein, such person, or such journey- 13 194 Lien of Mechanics. man or laborer, may give notice, in writing, to tiie owner of such build- ing or improvement, of the amount due; and thereupon the amount that may be due by such owner, to the contractor or master builder, shall be bouuvl and liable in the hands of such 'owner, for the payment of the sum so claimed ; and if, after such notice, the contractor or master workman shall bring suit against the owner, the latter may pay into court the amount due on such contract; aud the person giving such notice shall be summoned to contest the demand of such con- tractor or master workman ; and the court may cause an issue to be made up and tried, and direct payment of the amount claimed by the person giving such notice, out of the money so paid into court ; aud in case such person giving such notice shall afterwards sue such contractor or master workman, he shall make the owner a party to the suit, and thereupon such owner may pay into court the amount due on such con- tract, or sufficient to pay the sum claimed, and costs, and the couit shall award the same to the person that may he entitled thereto ; and in neither of the above cases shall the owner be liable to pay costs ; but if the owner, when sued together with such contractor or master workman, shall deny an indebtedness sufficient to satisfy the sum claimed, and all costs, the court, at the instance of the plaintiti, may cause an issue to be made up, to ascertain the true amount ot such indebtedness, and shall give judgraeut, and award costs, according to the justice of the case. § 1607. When the contract, by virtue of which any such building or improvement is erected shall be in writing, such contract may be recorded in the office of the clerk of the chancery court of the county in which such building or improvement is situated, aud the lien of the contractor shall commence from the time when such contract shall be filed for record. , § 1608. All carriages, buggies, wagons, plows or any other article constructed or repaired shall be liable for the price of the labor and material employed i:i constructing or repairing the same; and the mechanic to whom the price of said labor and material may be due, shall have the right to retain possession of such things so constructed or repaired, until the same shall be paid for ; and if the same shall not be paid within thirty days, shall commence his suit in any court of competent jurisdiction, and upon proof of the value of the labor and materials employed in such repairs or construction, shall be entitled to iudgment against the party for whom such labor or materials were furnished, Avith costs, as in other cases, and to a special order for the sale of the property upon which the lien exists, for the payment there- of, with costs, and to an execution as in other cases, for the residue of what remains unpaid after sale of the property. HOW LIEN ENFORCED. § 1609. Any person desiring to have the benefit of the lien given by this chapter, shall commence his suit in the circuit court of the Lien of Meclianics. 195 coLinly in wliicli the property is situated, within six monthn next after the time when the money due and claimed by such suit became due and payable, and not after; and such suit shall be commenced by petition, describing with reasonable certainty the property upon which the lien is intended to operate, and setting out the nature of the contract and indohtodiiess and the amount thereof; nnd the plaintiff shall file there- with in all cases, except where the whole work or jualcrials, or botii were furnished in pursuance of a writen contract ibr an aggregate price, a bill of particulars, exhibiting the amount and kind of labor per- formed, and of materials furnished, and the prices at which and times when the same was i)erformed and furnished ; and such suit shall be docketed and conducted as other suits in said court. § 1610. x\ll persons having an interest in the controversy, and all persons claiming liens on the same property, by virtue of this chapter, shall be made parties to the suit; and should any necessary or proper party be omitted, he maybe broughi in by amendment, on his own application, or that of any other party interested ; and claims of several parties having liens on the same property, may be joined in the same action. § IGll. The defendant shall be summoned, as in other actions at law, to appear and defend the action ; and in case any necessary party defendant shall be a non-resident of, or absent from the State, or can- not be found, the court may direct publication to be made, in some newspaper published in this state, for the space of one month, requir- ing such party to appear on a day to be therein named ; and in default of such appearance, the same proceedings shall be had, as if such defendant had been duly summoned, and had made default. § 1612. The defendant or any of them, may, by answer to said petition, set up any defense they may have against the demands of the plaintiff, and also any counter-claim against the plaintiff, touching the subject matter of the suit; and should any defendant claim to have a lien upon the same property, for any materials furnished, or labor done thereon, he may set the same up by his answer, and the cause shall be deemed at issue, without a replication, and the parties shall be con- lined, at the trial, to the causes of action and defense set forth in the pleadings. § 1613. The court may direct the formation of such issues, to be tried before a jury, as may be necessary for the determination of all matters controverted in the pleadings; and such issues shall be tried by the same rules of evidence and practice, that prevail in other cases at law ; and the court may set aside verdicts, and grant new trials, and give judgment, according to the justice of the case. § 1614. In case judgment be given for the plaintiff agaiost the builder, it shall, in case he was actually served with process, be entered against him generally, with cost, as in other cases, and with a special order for the sale of the property U{)on which the lien exists, for the payment thereof, and for an execution, as in other cases, for the resi- due of what may remain unpaid, after the sale of the property; and when the defendant is brought in by publication only, and has not adpeared iu person or by attorney, the judgment shall be entered spec- 196 Lien of Mechanics. ially for the debtvaud costs, to be made of the buildings and lands iu the petition described ; and in case no general judgment is given against the builder, such proceedings or recovery shall be no bar to any suit for the debt, except for the part thereof actually made under such recovery. § 1615. When the judgment shall be against the building and land, or against the building alone, a special v.-rit of execution shall issue, to make the amount recovered, by sale of the property, which shall be described therein ; and when both a general and special judgment shall be given, both writs may be issued, either separately or combined iu one, or one may be issued after the return of the other for the whole or the residup, as the case may require. § 1G16. Under such special execution, the .-sheriff shall advertise, sell and convey said building and lot. or tlie building aloue, in the same manner as in other cases of land levied on for debt ; and the deed given by said sheritf, if for the building or improvement aloue, shall convey the same to the purchaser, free from any former incum- brance on tlie land, and shall authorize him to enter and remove the same from the land, with reasonable dispatch ; and if such deed shall be for the land also, it shall convey to the purchaser such estate there- in as the owner or builder, as the case may be, had at the time when the lien under which the sale is made attached thereon, or at any time afterwards, subject to all prior incumbrances ; and moreover, shall convey the building to the purchaser, in the same manner as if the sale was of the building alone. § 1617. All lien claims for erecting the same building or improve- ment, shall be concurrent liens upon the same, and the land whereon the same is erected, and shall be paid in proportion, out of the pro- ceeds thereof, when sold by virture of this chapter; and i.i case the sheriff shall have doubts as to the proper application of the money, he may return the same to the court, stating the question, for its deter- mination. § 1618. Justices of the peace shall have jurisdiction of cases aris- ino- under this chapter, where the amount is vvithin their cognizance, and tho proceedings shall be as nearly in accordance with the provi- sions of this chapter as may be practicable, and the parties shall have the right of appeal, as in other cases. LANDLOED AND TENANT. IIEMEDY FOR EENT BY ATTACHMENT. § 1620. If any lessor of lands or tenements, his executor or admin- istrators, agents or attorneys, shall make complaint on oath before any justice of the peace of the county where such lands or tenements are situated, that his tenant, his executor or administrator, is indebted to him for rent due and in arrear on such leased premises, specifying the^ sum due, and shall give bond and security as required in cases of attachment against aJbsent debtors, such justice shall issue an attach- Landlord and Tenant^ 197 meat against the goods and chattels of such tenant, directed to the sheriff or any constable of the county, comnumding hitn to distrain the goods and chattels of such tenant, to an amount sutticient to satisfy the rent so due and in arrear, and all costs. § 1G21. The officer making a distress, shall give notice thereof, with the cause of such taking, to the tenant or his representatives in person, if to be found, or if not found, by leaving such notice at the dwelling house or other most notorious place on the premises charged with the rent distrained for ; and shall forthwith advertise the property dis- trained for sale, in not less than ten (biys after such notice, on the premises, or at some convenient i)ublic place; and if the tenant or owner of the goods distrained, shall not, before the time appointed for the sale, replevy the same, by giving bond, with security, to be ap- proved by such officer, payable to the plaintiff in such attachment, in double the amount claimed, conditioned for the ))ayment of the rent claimed, with lawful interest for the same, ai;d all costs, at the end of three months after making such distress, the said officer shall sell the goods and chattels so distrained, at public sale, to the highest bidder, for cash, and shall, out of the proceeds of the sale, pay all the costs of the proceedings and shall pay to the plaintiff the amount of his demand, with interest. § 1622. When any landlord or lessor, shall have just cause to sus- pect, and shall verily believe, that his tenant will remove his effects from the leased premises to any other place, within or without the county, before the expiration of his term, or before the rent will fall due, so that no distress for rent can be made, such landlord or lessor, on making oath thereof, and of the amount of rent the tenant is to pay, and at v/hat time the same will fall due, and giving bond, as required in the last preceding section, may, in like mauusr, obtain an attach- ment against the goods and chattels of such tenant ; and the officer making the distress shall give notice thereof, and advertise the prop- erty discrained for sale, in the manner directed in the last preceding section ; and if such teijfaiit shall not, before the time appointed for such sale, give bond, with sufficient security, in double the amount of the rent, payable to the plaintiff, conditioned for the payment of the said rent, at the time it shall fall due, with all costs, the goods dis- trained, or so much thereof as may be necessary, shall be sold by the said officer, at public sale, to the liighest bidder, for cash, and out of the proceeds of the sale, he shall pay all the costs, and shall pay to the plaintiff the amount due him for rent, deducting interest for the time until the rent shall become payable. § 1623. When any tenant shall have actually removed his effects, from the leased premises, before the rent has become due, so that there be no sufficient property liable to distress, left on the premises, the landlord may, in like manner, obtain an attachment at any time after, «uch removal, or within thirty days after such rent becomes due, and may levy the same on the effects so removed,, wherever they may be found, and like proceedings shall be had thereon, as in other cases. § 1624. If any tenant shall at any time convey, or carr}^ off from the demised premises, his goods or chattels, leaving the rent, or any 19S * Landlord and Tenant. part thereof, unpaid, the landioi'd or lessor may, within thirty days next after such conveyuig away, or carrying off such pjoods or chattels, cause the same to be taken and seized, according to the provisions of this article, wherever the same may be found, as a distress for the arrears of such rent, and the same to sell in the same manner, as if they had been distrained in or upon the demised premises ; protJide^?, that no goods or chattels, so carried off, and sold in good iaith, for a a valuable consideration, before such seizure made, shall be afterwards liable to be so taken and seized, for any arrears of rent. § 1625. Every replevin bond, taken in pursuance of this chapter, shall mention that the same was entered into for goods or otlier estate distrained for rent, and restored to the debtor, and shall be forthwith delivered to the lessor for whom distress was made ; and if the money shall not be paid, according to the condition of such bond, any court having jurisdiction of the amount thei-eof, shall, on motion, award exe- cution against the obligors therein ; said bond being filed in such court, and five days' notice given of such motion. § 1626. Any person having rent in arrears, or due upon any lease for life, years or otherwise, ended and determined, or his executors or administrators, may distrain for such arrears, after the termination of the respective leases, in the same manner as if the same had not been determined ; provided, , that such distress be made within six months after the termination of such lease, and during the continuance of such landlord's title or interest, and during the possession of the tenant from whom such arrears are due. § 1627. It shall not be lawful for any person taking any distress to drive or remove the same out of the county where such distress was taken; and if any person shall so remove any goods or chattels dis- trained as aforesaid, he shall pay to the party aggrieved double the value of the property removed, to be recovered in an action of trespass on the case; and moreover, distresses shall, in all cases, be reasonable and not too great, and any person who shall make an unreasonable dis- tress, under color of this chapter, shall be liable to the action of the party aggrieved for full damages. § 1628. Upon any pound breach or rescous, of goods or chattels distrained for rent, the person aggrieved thereby shall, in a special action upon the case, for the wrong thereby sustained, recover treble damages, with costs of suit, against the ofienders, or any of them, in any such pound breach or rescous, or against the owner of the goods distrained, incase the same be afterwards found to have come to his use or possession. tenant's remedy against landlord. § 1629. In case an}' distress and sale shall be made, under color of this chapter, for rent pretended to be due and in arrear, w'here, in truth, no rent is due or in arrear to the party causing such dis- tress to be made, then the owner of the goods and chattels so dis- trained and sold, his executors or administrators, shall have remedy by action of trespass on the case, against tiie person in whose name or Lcnidlorcl and Tenant. 199 right sucli distress was taken, his executors or administrators, and shall recover double the value of the goods and chattels so dis- trained and sold, together with full costs, or may put the bond of the plaintiff in suit, to recover damages for the wrongful suing out of said attachment, and shall recover therein double the value of the goods and chattels, if the penalty of the bond amount to so much. § 1030. The tenant or defendant, his executors or administrators, may replevy the goods and chattels distrained for rent, at any time belore salethercof ; but before any writ of replevin shall be granted in such case, he shall enter into bond, to be approved by the clerk granting the same, with one or more snllicient sureties, payable to the party in whose name or right such distress was made, in a pen- alty of "double the amount of rent distrained for, conditioned to perform and satisfy the judgment of the court in such suit, in case he shall be cast therein ; and if, upon the trial of such suit, it shall be found that the full amount of rent distrained lor was justly due, and the distress lawfully made, the party injured or delayed by suing out said writ, besides a judgment for a return of tlie goods and chattels replevied, which shall be entered against the party replevy- ing said goods, and the sureties in his replevin bond, shall also have judgment for the amount of the rent in arrear and distrained for, witii interest and full costs of suit ; and in case the goods replevied shall be restored, the same shall be sold, and if the sale thereof shall not be sufficient to satisfy said judgment, execution shall go against the party replevying, and his sui-eties, for the residue. REPLEVIN BY THIED PERSON. ^ 1631. No goods or chatties found, or being in or upon any de- mised premises, and not belonging to the tenant, or to some person bound or liable I'or the rent of said premises, shall be liable to be dis- trained for the said rent ; but if the tenant, or person liable for said rent,*have a limited property or interest in such goods or chattels, the same shall be liable to be distrained and sold for the property or inter- est such tenant, or other person liable for said rent, may have therein ; and no person claiming title to such property distrained for rent, shall in any manner avail himself of the provisions of this article, unless by a writ of replevin, sued out and levied before the sale of such property under the distress ; such writ of replevin shall issue in favor of such claimant, on his making and tiling an affidavit that the goods and chat- ties distrained are his property, and not the property of the tenant, nor held in trust for the use of the tenant in any manner whatsoever, and that the same, in his opinion, are not liable to such distress, and giving bond and security for double the value of the property attached ; and in case such claimant be cast in the suit, judgment and execution shall be had, as in cases of replevin by the tenant ; and upon such claim being made, the landlord, or person making such distress, may release the property so claimed, and forthwith seize and attach other property of the tenant in lieu thereof. 200 Lancllai'd and Tenant. § 1632. For tlie more speedy detern.nnatii.'n of all such writs of replevin, every siich writ shall be returnable to the next term of the court after the same shall be issued ; and the court shall, at the return term, cause an issue to be made up therein, and the same shall be tried at the same terra. If the plaintiff in such writ shall make default, or fail to prosecute the same, like judgment shall be entered against him, and the sureties on his bond, as upon an issue found against him, and no new replevin or writ of second deliverance shall be allowed therein. KEJIEDY BY ACTION AT LAW TO PERSONS HAVING KENT IN ARREARS. § 1633. Any person having rent in arrear or due u[jou any lease or demise of lands or tenements for liie, or lives, for 3'-ears, at will or otherwise, may bring an action of debt or covenant for such arrears of rent, in case the lease or demise be under seal ; or an action of debt or assumpsit in case the lease or demise be by parol or not under seal, againist the person wlio ought to have paid the same, his executors or administrators. § 1634. AH persons being grantees or assignees of a;iy lands, tene- ments or hereditaments let to lease, or of the reversion thereof, from any person or persons and the heirs, executors, administrators and assigns of such grantees or assignees shall and may have and enjoy the like advantages against the lessees, their executors, adrainstrators and assigns, by entry for the non-j^ayment of the rent, or for doing of waste or other forfeitures, and also shall, and may have and enjo}' all and every such like covenants and agreements contained and expressed in the leases, demises or grants, against all the said lessees, their execu- tors, administrators and assigns, as the said lessors themselves or their heirs ought, should or might have had or enjoyed, at any time ©r times. § 1635. All lessees of lands, tenements and hereditaments, for a term of years, life or lives, their executors, administrators or assigns, shall and may have like action and advantage against all and every person or persons, their heirs and assigns, which have or shall have any gift or grant of the reversion of the said lands, tenements or hereditaments, so letten, or any parcel thereof, for any conditioii, covenant or agreement contained or expressed in the indentui'es ot their lease or leases, as the same lessees, or any of them, might and should have had against the said lessors, and their heirs, ail benefit and advantage of recoveries in value, b}- reason of any warranty in deed or law, only excepted. § 1636. The executors and administrators of any person, unto whom any rent is or shall be due and not paid at the time of his death, shall and may have an action of debt, covenant or assumpsit for all such arrearages, against the tenant or tenants who ought to have paid the said rent, so being behind in the lifetime of their tes- tator intestate, or against the executors or administrators of such tenants; and it shall and may be lawful for every such executor and administrator of any such person to whom such rent is or shall be Landlord and Tenant. 201 clue, iiml not paid at the time ol" his death, to distrain Ibi' tlie arrcar- ngcs of all such rents on the lands, tenements and hereditaments, wliich were charged with the payment of such rents, and chargeable to the distress of the said testator or intestate, so long as the same continue in the seizen or possession of said tenant, who ought imrae- diatel\' to have paid the said rent so being behind to the said testa- tor or intestate in his lifetime, or in the seizure or possession of an}' person or persons claiming the said lands, tenements and heredita- ments only by and from the said tenant, by purchase, gift or descent, in like manner and form as their said testator or intestate might or ought to have done in his lifetime; and the said executors and ad- ministrators, for the same distress lawfully may make avowry' upon the matter aforesaid. § lGo7. If any man who now hath, or hereafter shall have, in right of his wife, any estate in fee simple, or for term of life of, or in any rents or fee farms, and the said rents or fee farms now are, or hereafter shall be due, behind and unpaid, in said wife's life, then the said husband, after the death of his said wife, his executors and administrators, shall have an action for the said arrearages, against the tenant of the demesne, who ought to have paid the same, his executors or administrators; and also, the said husband, after the death of his said wife, may distrain for the said arrearages, in like manner and form, as he might have done if his said wife had then been living, and may make avowrj' upon the matter aforesaid. § 1638. An}^ landlord, Avhere the agreement is not by deed* or wdien there is no contract, may recover a reasonable satisfaction for the lands, tenements or hereditaments, held or occupied by the defendant, in an action on the case upon promises, for the use and occupation of \yhat was so held or enjoyed; and if there shall ap- pear in evidence, on the trial of such action, any parol demise, or agreement, [not heiiKj by deed, lohereon a certain rent was reserved), the plaintiff in such action shall not therefor be non-suited, but may make use thereof, as evidence of the amount of damages to be recovered. GENERAL PKOVISIONS. § 1639. When a tenant for life, who shall have demised any lands or tenements, shall die, on or after the day when any rent became due and payable, his executors or administrators may recover from the under tenant, the whole rent due in action of assumpsit, or other proper form ol action. If he die before the da\' when any rent is to become due, they may recover in like manner the propor- tion of the rent which accrued before the time of his death; and the tenant lor the life of another, his executors or administrators, ..shall have the like remedies, in case of the death of the person by whose life the estat3 is held, on or before the da}' when any rent shall become due. § 1640. In all cases in which a notice is required to be given by the landlord or tenant, to determine a tenancy, two months' notice in writing shall be given, where the holding is from year to year, 202 Laiiclloixl and Tenant. and one month's notice shnll be given where the holding is by the half year or quarter year; and where the letting is b3^ the month or by the week, one week's notice in writing shall be given, § 1641. When any distress shall be made for rent justly due, and au}^ irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress shall not therefore be deemed unlawful, nor the party making it a trespasser from the beginning, but the party aggrieved b^^ such irregularity or unlawful act, may maintain an action of trespass, or on the case, and recover the special damage he may have sustained thereby; 'provided, that such action shall not be sustained, if tender of amends has been made by the party distraining, before suit brought. § 1642. When any tenant, being lawfully notified by his land- loi-d, shall fail or refuse to quit the demised premises and deliver up the same as required by said notice, or when any tenant shall give notice of his intention to quit the premises by him holden, at a time specified in such notice, and shall not accordingly deliver up the said premises at the time in said notice contained, then, and in either of such cases, the said tenant shall from thenceforward pay lo the landlord double the rent which he should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice could be levied, sued for, and recovered, and such double rent shall continue to be paid during all the time such tenant shall continue in possession as aforesaid. § 1643. If any tenant of lands or tenements, being in arrear for reut^ shall desert the demised premises, and leave the same unculti- vated or unoccupied, so as no sufficient distress can be had to satisfy the arrears of rent, any justice of the peace of the county may, at the request of the landlord, and upon due proof, by the affidavit of said landlord, or some other credible person, that the premises have been so deserted, leaving such rent in arrear, and no sutiicient dis- tress thereon, go upon and view the said premises, and upon being satisfied, upon such view,, that the premises have been so deserted, he shall affix a notice, in writing, upon a conspicuous part of the premises, stating what day he will return to take a second view thereof, not less than five nor more than fifteen days thereafter, and requiring the tenant then to appear and pay the rent due. At the time specified in such notice, the justice shall again view the prem- ises ; and if, upon such second view, the tenant shall not appear and pay the rent due, or there shall not be sufficient distress upon the premises, then such justice may put the landlord into tlie pos- session of the said demised premises, and the lease thereof to such tenant, as to any demise therein contained, shall from thenceforth become void. The tenant may appeal to the circuit court from the proceedings of the justice, at any time within thirty days after such possession delivered, by serving notice, in writing, thereof, upon the landlord, and by giving bond, with securit.y, to be t^pprcved by such justice, for the payment to the landlord of all costs of such appeal, which may be adjudged against such tenant ; and thereupon the Landlord and Tenant, 203 justice &iiall rctui'ii the proceedings before him to the next term of the circuit court, and said court shall, at tlie return term, examine the proceedings in a summary way, and may order restitution to be made to such tenan't, witli costs of appeal, to be paid by the land- lord ; or in case of affirming such piuceedings, shall award costs against the tenant, and the sureties in his bond. § 1644. In case cither party to any action of replevin shall die, pending the same, the suit shall and may be revived for or against the representatives of the deceased part}^ in the same manner as other actions at law that survive may be revived. § 1645. The oflicer issuing tmy attachment for rent shall be entitled to the sum of one dollar and lifty cents for taking the affidavit and bond and issuing the writ, to be paid by the party applying for the same, which shall be collected, together with the rent, and re- funded to such party ; and the sheriff' or other officer serving said attachment shall be entitled to the same fees and commissions as are allowed to sheriffs for serving an attachment against absconding debtors and levying money thereon, § 164G. Any tenant or lessee, at will or sufferance, or for part of. a year, or for one or more years, of an}' houses, lands or tenements, and the assigns, under tenants, or legal representatives of such tenant or lessee may be removed from such premises by any justice of the peace of the county, or b}'- the mayor, chief magistrate or justice of the peace of any incorporated city or town, where such premises are situated, in the following cases, to-wit : 1st. Where such person shall hold over and continue in possession of the de- mised premises, or any part thereof, after the expiration of his tei'm, without the permission of the landlord. § 1647. /Second: where such i)crson shall hold over, without such permission as aforesaid, after any default in the payment of rent, pursuant to the agreement, under which such premises are held, and satisfaction of such rent cannot be obtained by distress of any goods, and a demand for su9h rent shall have been made, or three days' notice in writing, requiring the payment of such rpnt, or the possession of the premises, shall have been served by the person entitled to such rent, on the person owing the same, in the manner prescribed by this chapter lor the service of the summons. § 1648. The landlord or lessor, his legal representatives, agents or assigns, shall make oath or affirmation of the facts, which accord- ing to the last two preceding sections, authorize the removal of the tenant, describing therein the premises claimed, and the amount of rent due and when payable, and in the case of a tenancy at will, or at suU'erance, that the necessar^^ notice has been given to terminate such tenancy. § 1649. On receiving such affidavit, the justice, mayor, or other officer, shall issue a summons, directed to the sheriff, or any consta- ble of the county, or the marshal, police officer, or constable of any incorporated city or town wherein the premises are situated, de- scribing the said premises, and commanding him to require the per- son in possession of the same, or claiming the possession thereof, 204 Landlord and Tenant. forthwith to remove from the same, or to show cause, before such justice or other officer, on a daj^ to be therein named, not less than three nor more than five days from the date of said summons, why possession of the said premises sliould not be delivered to such ap- plicant. § 1650. Such summons shall be served, by delivering a copy to the tenant, and at the same time, showing him the original ; or, if he be absent from his last, or usual place of residence, by leaving a copy at such place, with some person of the age of sixteen years, or if no such person be residing at such place, t-ien by putting up such copy in some conspicuous place on the premises where such tenant hist or usually resided ; and the officer serving such sum- mons, shall forthwith make due return thereof to the magistrate who issued the same. § 1651. If, at the time appointed, it appear that the said sum- mv^ns has been duly served, and if no sufficient cause be shown to the contrary, the magistrate shall thereupon issue his warrant to the sherifi", or any constable of the county, or to any constable, mar- shal, or police officer of the city or town where the premises are situated, commanding him to remove all persons from the said prem- ises, and to put the said applicant to said magistrate into the full possession thereof. § 1652. The person in possession of such premises, or any per- son claiming possession thereof, may, at or before the time ap- pointed in such summons for showing cause, file an affidavit with the magistrate who issued the same, denying the facts upon which the said summons was issued, or any such facts, and the matters thus controverted, may be tried by the said magistrate, or, at the request of either partv, by a jury. § 1653. On the filing "of such affidavit by the tenant, and on the request of either part}', the magistrate shall issue his precept to the sherifi, or any constable of the county, or any constable, marshal or police officer, of the city or town, commanding him to summons six reputable persons, qualified as jurors in courts of record, to ap- pear before such magistrate, at such time and place as he shall therein appoint, not more than three days from the date thereof, for the purpose of trying the said matters. § 1651. The persons so summoned as jurors, if not excepted to, shall be sworn by such magistrate, well and truly to hear, try and determine, the matters in difference petween the parties.^ If, for any cause, a sufficient number of competent jurors shall not be present, the magistrate shall forthwith, without writ, cause others to be summoned" After hearing the allegations and proofs of the parties, the said jury shall be kept together by the officer summon- ing them, until they agree on their verdict. If such jury cannot agree, the magistrate may discharge them, and issue a new precept, in manner aforesaid, for another jury. § 1655. The magistrate may, at the request of either party, ad- journ the hearing, from time to" time, no one adjournment to exceed ten days, except by consent, and may issue subpoenas and attach- Landlord and Tenant. 205 ments, to compel the attendance of witnesses ; and ever}- ])erson who, beinji: served with such subpa^na, shall fail to appear, or, ap- earing, shall refuse to testify on oath, touching the matters afore- said, shall be liable to the same proceedings and penalties, provided by law in similar cases ; and the jurors summoned, and failing to attend, without sufficient excuse, shall be liable to the same penal- ties as in similar cases. § 165G. If the verdict of the jury be in favor of the lessor or landlord, or other person claiming the possession of the premises, the magistrate shall issue his warrant to the sherilf, constable, or other officer hereinbefore named, commanding such officer forthwith to put such landloi'd, lessor, or other person, into tlie possession of the premises, as hereinbefore directed, and to levy the costs of the proceedings of the goods and chattels, lands and tenements, of the tenant or person in possession of the premises, who shall have con- troverted the right of said landlord, lessor, or other person : and whenever a warrant shall be issued, as provided in this chapter, b}"- any magistrate, for the removal of any tenant from au}- demised premises, the contract or agreement, for the use of the premises, if any such exist, and the relation of landlord and tenant between the parties, shall be deemed to be cancelled and annulled ; i-trovided, that nothing in this chapter contained, shall be construed to impair the rights of any landlord or lessor, or of any tenant, in anj^ case not herein provided for. § 1657. If the verdict be in favor of the tenant, he shall recover his costs of the applicant, and the magistrate shall issue execution therefor. § 1658. In case the proceeding is founded upon the non-payment of rent, under section 1467 of this chapter, the issuance of the war- rant for the removal of the tenant shall be stayed, if the person owing said tent shall, before such warrant be actuall}' issued, pa}^ the rent due, and all the costs and charges of the proceedings, or give snch security as shall be satisfactory to the said magistrate, to the person entitled to such rent, for the payment thereof, and costs, as aforesaid, in ten days ; and if the said rent and costs shall not be paid accordingl}-, the warrant shall then issue, as if the proceed- ings had not been stayed. § 1659. The magistrate before whom any proceedings shall be had under this cliai)ter, shall keep a full record of his proceedings, and shall carefully preserve all process and papers io the cause, and the same costs shall be taxed and paid as are allowed for similar service, in cases of forcible or unlawful entrj^ or detainer. § 1660. The circuit court of the proper county may award a cerliorari, for the purpose of examining any adjudication made on any application hereby authoriz;ed ; but the proceedings shall not be sta3-ed or suspenc^.ed, l)y such writ of certiorari^ or b}^ any other writ, or order of any court officer ; upon snch certiorori, the circuit court shall have power to examine into the correctness of all the decisions of the officer before whom the proceedings were had, upon questions of law only; and also to require the return of such parts 206 Bastardy. of the proceedings, as are material to an examination of such ques- tions upon their merits. Whenever any such proceedings, brought before the circuit court by certiorari, shall be reversed or quashed, the court may make restitution to the party injured, with costs, and may make such orders and rules, and issue such process, as may be necessary to carry their judgment into effect; and if tlie proceed- ings shall be reversed or qua.shtd, the tenant ur lessee may recover, against the person making application for such removal, an}^ dam- ages he may have sustained, by reason of such proceedings, with costs, in any action on the case. BASTAEDY. PROCEEDINGS BEFORE JUSTICE OF THE PEACE. g 1802. When any single woman, Avho slioll be delivered of a child, which b}' law would be deemed and held a bastard, or being ]iregnant with child, which, if born alive, would be a bastard, shall desire to make complaint against the father of such child, she may make such complaint to an^^ justice of the peace of the county where she ma}' be so delivered ; or in case the child is unborn, then to any justice of the peace where she may reside ; and thereupon such justice shall issue a warrant for the person accused, to be served by the sheriff', or any constable, and shall cause him to be brought before such justice forthwith ; and upon his appearance, the justice shall proceed to question the female, in presence of the party accused, touching the charge against bim, which examination shall be taken down in writing ;. and if such justice should think the complaint well founded, the said justice shall bind the accused in a bond, with sufficient sureties, in a penalty of not less than five hundred dollars, to be and appear at the next circuit court of the lounty, to answer tlie complaint, and in default of such surety may commit the accused. PROCEEDINGS IN CIRCUIT COURT. § 1803. It shall be the duty of the justice to return all the pro- ceedings to the next circuit court ; which court, if the woman should desire it, may cause an issue to be made up, whether tlie reputed father is the real father or not, which issue shall be tried by a juiy, as other issues in said court; and on the trial thereof, both parties shall be competent witnesses. ^ 1807. No proceedings, under this act, shall lie instituted after the child is twelve months old. PRESEEVATION OF OYSTEES-THE GAME LAWS. § 18S9. The boards of supervisors of the respective counties within this state, shall have full power and jurisdiction for the pro- tection and preservation of the 03^sters growing, or being grown, and of the game running or being produced, in a state or condition Oysters, Game^ etc. 207 of iiatiu'o, wiLhiii the terriLoi'ial limits of each county respoctivel}^ ; and to regulate the times, places and circumstances, under whicii either may ])e taken, and by whom and in what quantities, and to what extent made m'lrketable ; and with ample power to conserve the same for domestic use, aud consumption of the citizens and sojourners of the counties respectively, and also to secure a private riglit of property, in oysters banked, planted or cultivated in the waters of the county. And to this end, said boards of supervisors ma}', from time to time, pass all such ordinances, in form of orders or resolutions, as thc,y may respectively deem necessary; and such ordinances shall, from the date of their adoption, or from such prospective date as may be specified, have the same force and effect as if enacted b}' the legislature of this state, and shall remain in force until repealed by said boards. § 1890. The said boards may respectively direct the publication of such ordinances, in such manner as they ma}- judge most expe- dient ; and copies thereof, certified by the clerk of the board, sliall at all times be taken as sutlicient authentication of said ordinances. § 1891. The judicial administration of said ordinances, shall pertain as matters of police, to any justice of the peace in the coun- ties respectively, whether the act complained of transpired in his beat, or elsewhere in said count}^ or before any magistrate of any city or town, within said count}', whether designated as mayor, or by any other title ; and the breach of any ordinance prescribed by the board of supervisors, shall be decreed and taken to be a misde- meanor, and a violation of the police order, and subject to forfei- ture of the oj'stcrs or game taken in violation of such police regu- lations, and to such fine and imprisonment as rnay lie prescribed by said ordinances, or to one or more of these penalties ; and sucii complaints shall bo summarily heard and disposed of, as other mat- ters affecting tlie i)ublic peace and order. ^ 1892. It shall be the duty of all sheriffs, constables, and town and city marshals, within the county, to seize, with or without pro- cess, au}'' person or persons, whom they may see and know, or have good reason to believe, to be violating any such police regulations, and to seize all such oysters or game, found in the possession of such person, in violation of said police regulations, together with the boats, casts, or other conveyances or things, in which the oys- ters or game may be held or contained ; aud, first securing the same, shall forthwith convey the person or persons from whose custodv the game or oysters shall have been taken, before any magisti'ate or justice of the peace, as aforesaid, to be dealt with according to the rules and regulations prescribed by such boards for such offense. § 1893. It shall be competent for the boards of supervisors, in cases of forfeiture of the articles seized, to determine the disposi- tion to be made of tiiem ; and if there be any delay given" to the party arrested, for the hearing of the case, the magistrate ma}- cause the articles seized, to be disposed of before the hearing, and the proceeds to be held to abide the result. 208 Oysters, Game, etc. GAME LAVr. Section 1. Be it enacted by the Legislature of the State of Missis- sippi, That it shall be unlawful in any place in this state to catch, kill or injure, or pursue Avith such intent any wild buck, deer, doe or fawn, between the fifteenth day of May and the fifteenth day of September; and it shall be unlawful to catch, kill or injure, or pursue with such intent, any wild turkey, between the first day of May and the fifteenth day of September ; and it shall also be unlawful to catch, kill or injure, or pursue with such intent any quail, sometimes called partridge, be- tween the first day of April and the fifteenth day of September; and it shall be also unlawful to catch, kill or injure, or pursue with such intent, any turtle-dove, sometimes called mourning ('ove, or any starling, com- monly known as fiehl lark, between the first day of April and the fif- teenth day of September ; and it shpll be unlawful at any and all sea- sons to catch, kill or injure, or pursue with such intent, the mocking bird, cat bird, or thrush. Sec. 2. Be it further enacted. That no person shall destroy or rob the nests of any wild bird whatever, excepting crows, black birds, blue jays, hawks, owls, and other birds of prey. Sec. 3. Be it further enacted, That it shall be unlawful for any per- son to purchase, have in his possession or expose for sale any of the birds or game, mentioned in section one of this act, during the season when the catching, killing or injuring the same is prohibited. Sec. 4. L5e it further enacted, That it shall be unlawful for any rail- road company, express company, or other company, steamboat, or car- rier, or private individual to have in possession or receive for transpor- tation or carriage, or for any other purpose whatever, any of the birds or game mentioned in section one of this act, during the season when the%atching, kdling, or injuring the same is hereby prohibited.^ Sec. 5. Be it further enacted. That any person or persons violating the provisions of this act, by killing, selling or offering for sale, or havino- in possession any of the birds, or game mentioned in this act, during the season hereby prohibited, or any fresh venison, during the season mentioned in section one, shall for each of the birds, and each head of game, and each piece of fresh venison so killed, sold, or ex- posed for sale, or had in possession, on conviction thereof, forfeit and pay a fine of not less than three or more than ten dollars for each bird, and not less than ten, or more than twenty dollars for each buck, deer, doe, or fawn, or piece of fresh venison, and three dollars for each nest of eggs destroyed as aforesaid, together with costs of prosecution. Sec. 6. Be'it further enacted, That any violation of the provisions of this act may be prosecuted before any justice of the peace or any other ofiicer or court having jurisdiction of misdemeanors, and the judgment of such court shall be enforced in like manner, as in other cases of misdemeanor. Sec. 7. Be it further enacted, That upon collection of any judg- ment record for any violation of the provisions of this act, one-half of such fine or judgment shall go to the informer and the other half shall go to the common school fund. Fences, Partition Walls, etc. 209 Sec. 8. Be it further enacted, That it is hereby made the duty of all sheriffs, constables, market masters, members of boards of super- visors and police officers to arrest all persons violating, or in the act of violating, any\of the provisions of this act, and take them before a jus- tice of the peace or other officer having jurisdiction to hear and try complaints for the violation of the provisions of this act. Sec. 9. Be it further enacted. Thai if any person or persons shall take, catch or kill, or attempt to take, catch or kill any of the birds or animals mentioned in this act upon the lands or premises of any owner, who has posted the same, forbidding such trespass, unless he or they shall first have obtained the consent of such owner or owners or other person or persons in charge of such land or premises, shall be deemed guilty of a misdemeanor, and fined not less than ten nor more than fifty dollars, to be recovered in the same manner and appropri- ated as other fines under this act; ])rovided, that this act shall not apply to any one shooting birds on his place to prevent them from depredating upon his vineyard or garden. (Approved, jSIarch 31, 1876.) SUPPLEMENTAL GAME LAW. Section 1. Be it enacted by the Legislature of the State of Missis- sippi, That section 1st of an act entitled an act for the preservation of game, animals and birds, in the fetate of Mississippi, approved March 31st, 1876, be and the same is hereby so amended and supplemented as to substitute the 15th day of March for the 15th day of May and the first day of April, where the same occurs in said section. (Approved, April 14th, 1876.) Fences, Partition Walls and Trespass by Stock. WHAT IS A LAWFUL FENCE. § 1905. All fences five feet high, substantially and closely built, with plank, pickets, hedges or other good material, and which are strong and close enough to exclude domestic animals of ordinary habits and disposition, shall be taken and considered as lawful fences, as long as they are kept in good repair. § 1906. A fence which is constructed hy making a strong embank- ment of earth, two feet and a half high, with sufiicient base, and erecting thereon a fence of common rails, ])lanks, pickets or hedges, the same height above the embankment, closely and substantially built, so as to exclude ordinary stock, shall also be taken and considered as a lawful fence, as long as it is kept in good repair. § 1907. A fence made of common rails, and built in the form known as a worm fence, and which is six feet high, built of good, sound and heavy rails, Nvell lapped and crooked, shall be considered as a lawful fence, as long as it is kept in repair ; p'ovidcd, that such fence be close enough to exclude ordinary domestic animals. 14 210 Fences, Partition Walls, etc. PARTITION WALLS AND FENCES. § 1908. Persons owning adjoining laud, or lots of land, or being lessees thereof for more than two years, shall be bound to contribute equally to the erection of fences on the line dividing the land or lots, if the laud or lots on their respective sites be used by tiie owner or lessee thereof, for purposes of cultivation, or for .horticultural pur- poses, or for the piuposes of depasturing cattle, horses, hogs, or sheej), or if a lot be used as an enclosure for any other purpose ; and each party shall be bound to contribute equally towards keeping partition fences in good repair, so long as the land or lot be used as aforesaid ; but no owner shall be bound to contribute to the erection of a dividing lence, either now built or to be built, or to the keeping the same in re- repair, who may prefer to erect a fence of his own, and to leave a4ane on his own land, between himself and the adjoining owner; but the failure to erect such fence, for the space of sixty days, shall be deemed an abandonment of the intention to do so, and a determination to adopt the fence built ; and the party so failing, shall then be bound to pay his proportion of the value of the fence already erected. § 1909. In case any owner or lessee of land, shall desire to erect a fence, on a line which divides his laud from the land of another person, which is used by that other person for any of the purposes aforesaid, and that other person being requested to do so, will not contribute his proper share of the work, aud furnish the requisite materials, suitable for the description of fence necessary to be built, or pay the value of his share, the party desiring to build the fence, may erect or construct the whole of it, of a proper and suitable kind, which shall be a lawful fence, and may thereafter apply, in vvriting, to any justice of the peace of the county, to appoint proper joersons to assess the amount which should be contributed by the other party ; and such justice shall, under his hand and seal, appoint three respectable, impartial house-holders of the neighborhood, to view the fence, aud determine what amount should be paid to the party who erected the same, by the party who owns the adjoining land, who has failed to contribute to making the • fence. The opposite party shall have five days' notice of the time of the meeting of the house-holders, which notice may be served person- ally, or on an agent^ or left at the dwelling of the party, if he be ab- sent, and each party may introduce proof of the value of the fence ; and the said house-holders, or a majority of them, may assess the amount to be paid by the one party to the other, and shall give to the party entitled to the compensation, a certificate, under their hands, stating the amount they assess in his favor ; and thereupon such party may maintain an action for the amount assessed by the house-holders, or a majority of them, before a justice of the peace, if the amount be within his jurisdiction, or before any court having jurisdiction ; and the order of the justice appointing the house-holders, or proof thereof, if it be lost, and the certificate of the house-holders, or proof of notice to the opposite party, of the time of the meeting of the house-holders, shall be sufficient evidence to support the action. The house-holders shall each receive one dollar and fifty cents per day, whilst discharging Fences, Partition Walls, etc. 211 the duty, to he paid by the party at whose in.stauce they were appointed, who may recover the amount as costs, and the justice shall be entitled to one dollar for issuing the order, to be paid and recovered in like manner. § 1910. In case any partition fence has been heretofore built, on a dividing line, and the adjoining land be used by the owner thoreof, for any of the purposes aforesaid, the party who built the same, sliall, in like manner, be entitled to compensation, to the extent that ought to be contributed by t!ie owner of the adjoining land ; and in case of re- fusal to pay the same, the amount may be assessed, and a recovery had, in the same manner as for erecting a new fence. § 1911. Each proprietor of land or lots, separated by a partition fence, on the line, shall be bound to contribute his due proportion of labor and materials, in keeping such fence in good repair, so far as to make it a lawful fence; and on failure to do so, the party who may make the necessary repairs on the same, may, in the manner above de- scribed, apply to any justice of the peace, who shall appoint three house-holders to view the repairs, assess the value, and give a certifi- cate thereof ; and for the amount assessed, a recovery may be had, as above provided, and the same notice shall be given of the meeting of the house-holders, who shall be entitled to like compensation, and the same fee may be charged by the justice of the peace. § 1912. Partition fences erected and paid for, and kept iu repair, as provided in the preceding sections, shall be owned jointly hy the respective proprietors, either of whom may require the other to contri- bute to repairing it; but it shall not be taken away, razed, removed, or left down by either party, without the consent of the other; and if either party should violate this provision, he shall be liable to the action of the other party, as a stranger would be ; and each party shall be liable to the other for injuries or trespasses committed by his stock, by the breaking of the partition fence ; but no party shall be bound to contribute towards keeping a partition fence in repair, after he shall have ceased to use the land which is so divided by it. § 1913. When, from natural impediments, it shall be impracticable to erect the entire fence on the line, and it shall become necessary to make some departure on either side, such departure may be made ; t)ut the fence shall, notwithstanding, be a partition fence. § 1914. In case any joint owner of a partition fence, siiould desire to have a lane on his own land, between his own and the adjoining laud, he shall be at liberty to remove his piirt of the fence, on giving -six months' notice to the other joint owner, but not otherwise ; and any proprietor who may remove from his land, and cease to use it for any of the ])urposes before mentioned, shall thereby abandon his right to the partition fence ; but in case of ihe sale of the premises to another person, the purchaser shall have the same right, and incur the same liabilities, as the original owner, in regard to the partition fences ; and a lessee for a longer time than two years, shall stand in the attitude of a purchaser during his term; but if the lease be for two years, or a shorter time, the owner shall still be bound to contribute towards the erection and repair of partition fences, if either the owner or the tenant 212 Fences, Partition Walls, etc. use the land, as before mentioned, in such cases, the notice served on the tenant, if the owner be absent, shall be sufficient. § 1915. The party who built the partition fence may remove it at pleasure, if the owner of the adjoining land W\\\ not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by hira, on a line which divides his land from that of another person, as a private fence, yet that other person may adopt the same as a partition fence, by paying his proportion of the value thereof ; and if the value cannot be agreed upon by the parties, the person de- siring to adopt, the fence, may apply to a justice of the peace to ap- point three house-holders, to assess the proportion that should be paid, in the same manner as provided in section niueteen hundred and nine, article two, of this chapter. § 1916. Any agreement for erecting walls, which parties may make who own adjoining lots, and desire to build partition walls, shall be binding, whether in writing or not ; and in case of the failure of either party to comply with his contract, the other may have his appropriate action for damages. ^ 1917. If the owner of any lot shall build a substantial and durable brick wall, on the line which divides his lot from another, and the owner or lessee of that other, should desire to erect an ad- joining building, and connect the same with the building already erected, so as to make the wall of the former building serve as the wall of his own, he may do so, but shall be compelled to pay the owner of the first wall half the value thereof, or half the value of so much of the former wall as he may desire to'use as a wall to his own house ; but he shall not be at liberty to use the former wall, in any way which may prove dangerous or detrimental to the owner, or which shall interfere with the purposes for which said wall was originally built, except by closing the lights therein, which he may do. ^ 1918. No person shall be at liberty to join or use such vvall, as a partition wall between buildings, without first paying to the owner thereof one-half the value of so much as may be desired to be used ; and if the parties cannot agree as to the value, either party may apply to the maj-or or chief magistrate of the town, or to any jus- tice "of the peace of the town or count}-, in writing, desiring the appointment of suitable persons to assess the amounts to be paid ; and such mayor or justice, shall thereupon appoint three respecta- ble mechanics, skilled in that description of work, to assess the amount which the one shall pay to the other, which shall be equiv- alent to half the value of so much of the wall as may be desired to be used as a partition wall ; and such mechanics, or a majorit}' of them, shall examine the wall, and assess the amount to be paid to the owner thereof, and give a certificate of such examination and assessment, to the party at whose instance Ihey were appointed ; but the opposite party shall have five days' notice of the time of the meeting of the apprpisers, and their names, which notice may be served personally, or upon an agent, if the party be absent, or it may be left at his dwelling house. On payment or tender of the Trespass hy Stock. 213 ■amount assessed, the part}- desiring to use the wall, may ])rocccd to .\h\w papers shall be lodged, within thirty days, in the office of the clerk of the circuit court cf the county where he resided ; and said '■clerk may bring and maintain an action of detinue for the same ; and any person d(;taining the same contrary to this act shall forfeit the sum^ •of one thousand dollars, to be recovered by action in any coart of competent jurisdiction, in the name and for the use t)f the county ; •which action shall be brought by the district attorney, when required to do so by the board of supervisors of the county in which the delin- quency occurs. 250 Justice as Notary PiMic. § 9. Be it further enacted, That when any notary public shall pro- test any bill of exchange, promissory note, or other instrument, he shall make a full and true record, in his register, or book kept for the purpose, of all his proceedings in relation thereto, and shall note there- on whether demand was made, of whom, when and where, whether he presented such bill or note, whether notices were given, to whom and in what manner, where the same were mailed, and when and to whom, and where directed, and every other fact touching the same. § 10. Be it further enacted, That the board of supervisors of the several counties shall provide a notarial seal for each notary within their county; the seals for the notaries appointed under this act shall have the inscription : "Notary Public of " (naming the town or city) around the margin, and an eagle in the center ; the seals for all other notaries shall have the inscription: " Notary Public of count}'," around the margin, and an eagle in the center ; which seals shall be delivered by said notaries to their successors in office. § 11. Be it further enacted that a notary protesting a bill or note, shall not be compelled to go out of his county to give evidence in rela- tion thereto, but either party may obtain from the clerk of the court where the action is depending, a commission to take the deposition of such notary, on giving the same notice as required in other cases. § 12. Be it further enacted, That the record of the notary protest- ing any bill or note, or other instrument, or a copy thereof, verified by ihe affidavit of such notary, taken before a justice of the peace, shall be conclusive evidence of the fact of the protest, and ^>rt/na facie evidence of all other facts touching the dishonor of said bill or note ; such copy shall be competent evidence in all the courts of this state, including the courts in the county in which the notary protesting the bill or note resides. § 13. Be it further enacted, That it shall be lawful for notaries public to demand, receive and take the fees hereinafter mentioned, for any business done by them, that is to say : For protesting bill or note for non-acceptance or non-payment, and giving one notice •$ 2 00 Each additional notice 25 Registering such protest and making record, 1 00 Attesting letters of attorney and seal 50 Notarial affidavit to an account or other writing, and seal 50 Each oath or affirmation, and seal 50 Notarial procuration and seal 1 00 Taking proof of debts to be sent abroad 50 Taking protest in insurance cases, and seal 1 00 Copy of record and affidavit 1 00 Taking acknowledgment to deed or other writing, and seal. ... 25 § 14. Be it further enacted. That all laws now in force in reference to officers undertaking or exercising the duties of their office, before taking the oath of office, and giving the bond required by law, shall apply to the notaries appointed under this act. § 15. Be it further enacted. That when any notary appointed under this act shall remove out of the town for which he was appointed, all Agricultural Lien Laws. 251 his powers as sucli shall cease, and his office become vacant, and if such notary public fails to qualify as herein provided, within thirty days after his appointment, then the appointment sliall be void. In all cases where the office of a notary appointed under this act shall be- come vacant, by reason of the death, removal or resirovided, that this section shall not affect judg- ments and executions rendered and issued for the enforcement of liens provided for in this act. Sec. 16. Be it further enacted, That if any person shall sell, remove, or dispose of any crop, or part thereof, upon which any other person shall have a claim, by virtue of the provisions of this act, such person so selling, removing, or disposing of such crop, or part thereof, if with- out the consent of the person so interested, shall be deemed and held to be guilty of a misdemeanor, and upon conviction, shall be fined not less than ten dollars, nor more than five hundred dollars, or by impris- onment in the county jail, not more than six months, or by both such fine and imprisonment. [Approved, April 11, 1876. J LIEN 0>^ WATER CKAFT. Section 1. Be it enacted by the Legislature of the State of Mis- sissippi, That there shall be a lien in law, in favor of every merchant, coal merchant, supply man, material man, or repairer upon any domes- tic vessel, steamboat, or other water craft, owned by citizens of this state, or plying between any ports or landing in this state, or exclu- sively upon any of the navigable waters of this state, and upon all the furniture, tackle, apparel and equipments of the same to secure the price or value of any inerchandise, fuel, material or supplies furnished to such domestic vessel, steamboat or other water craft, or the price or value of any repairs which may be made upon the same ; and such lien shall be upon the vessel, steamboat, or other water craft itself, and upon all the furniture, tackle, apparel and equipments of the same, without reference to the ownership thereof, and shall be superior to any mortgage on the same, created by the owners thereof, and shall be enforceable against such vessel, steamboat, or other water craft, and the furniture, tackle, apparel, and equipments of the same, in the hands Constables. 255 of any subsequent purchaser, whether bona fide or otherwise ; "provided., that proceedings to enforce such lien sliall be coramenced within ninety days after the purchaser shall have purchased the same. [Approved, April 5, 1876.] CONSTABLES. DUTIES OP CONSTABLES. § 278. Constables shall take the oath of ollice prescribed by the con- stitution, and enter iulo bond in like manner as other county officers are required to do, conditioned according to law, which bond shall be in the penalty of one thousand dollars, or such other sum as the board of supervisors of the county may, at any time, require. § 279. Vacancies happening in the office of constable, shall be filled by election for the unexpired term, in the manner provided for filling vacancies in the office of justice of the peace ; the person elected to fill any such vacancy, giving bond, and taking the oath of office as requir- ed in the last preceding section of this article. § 280. It shall be the duty of every constable to keep and preserve the peace within his county ; to prevent all intoxication, or sale, barter or use of intoxicating liquors on election days, and prevent all distur- bances ; preserve peace and good order at the [)olls and places of vot- ing, and faithfully to aid and assist in executing the criminal laws of this State; to give information, without delay, to some justice of the peace, or other proper officer, of all riots, routs, and unlawful assemblies, and of every violation of the penal laws, which may come to his knowl- edge in any manner whatsoever ; and also to execute and return all process, civil and criminal, lawfully directed to him according to the commands thereof, and to pay over all moneys, when collected by him, to the justice of the peace, or to the person lawfully authorized to re- ceive the same. § 281. Sales by constables shall be held at such convenient times and places as they may appoint, and ten days' notice shall be given thereof, by advertisement, in two or more public places, in the county or neighborhood ; and there shall not be more than fifteen days between the levy and the sale of the property levied on. The justice shall make an allowance to the constable, out of the proceeds of the sale, for the keeping of any live stock seized by the constable on execution. § 282, If any constable, or other officer, shall fail to execute and return, according to law, any execution to him directed by any justice of the peace, on or before the return day thereof, the plaintiff, in such execution may recover the amount thereof, with interest and costs, and five per cent, damages thereon, by motion before the justice to whom said execution was returnable, against said officer and his sureties, on giving five days notice of such motion. And when any constable, or 256 As a Criminal Court. other officer, or his sureties, shall have paid the amount of raouey and damages recovered as aforesaid, the original judgment and execu- tion shall be vested in the person so paying, for his benefit ; and fur- ther, the said justice, on like motion and notice, may fine the said officer not exceeding fifty dollars, for failing to return such execution. § 283. If any constable or other officer, shall collect or receive any money, by virtue of an execution issued by a justice of the peace, and shall not pay the same over, on demand, to the plaintiff, in executio;i, or other person authorized to receive the same, the said plaintiff, or • other person authorized to receive the same, may recover the amount thereof, with interest and costs, and twenty-five per cent, damages, by suit or motion, before any justice of the peace, or other court having cognizance, against such officer and his sureties, on giving two day's - notice. § 284. If any constable, or other officer, snail make a false return on any execution, or other process issued by a justice of the peace,, such officer shall forfeit and pay the sum of fifty dollars, to be recov- ered against such officer, and his sureties, by suit or motion, before the "justice by whom such process was issued, or any other justice of the peace having jurisdiction, on two days notice, in case of a motion, for- the use of the party injured by said false return, and such justice or justices shall have full power to try and determine such suit or motion. § 285. In all suits or motions against constables or other officers, under this article, either party may appeal to the circuit court as ia other cases. § 286. Any constable who shall fail to discharge any of the duties required of him by this article, when no other penalty is provided for such failure, shall be liable to be fined not exceeding ten dollars, by the justice of the peace before whom the proceeding may be pending, to be collected by such justice, and paid into the county treasury, and' he shall be liable on his bond to the action of the party injured for all damages. 4S A CRIMINAL COURT. JURISDICTION. § 1304. Justices of the peace shall have jurisdiction concurrent- Vv'ith the circuit court of the county, of all cases of offenses against the laws of this state, occurring in their several counties, where the pun- ishment prescribed does not extend beyond a fine and imprisonment in the county jail; and they shall be conservators of the peace for the whole county. i^ 2750. The several courts of justice, organized under the. constitu- tion and laAvs of this state, shall possess the sole and exclusive jurisdic-- Jiiviscllctioii — Practice. 257 tioii of trying and puiiisliiiig all persons, in the manner prescribed by law, for crimes and otfenses committed in this state, excej)t such as are exclusively cognizable by the courts deriving their jurisdiction from the constitution and laws of the United States. § 2751. Tiie locil jurisdiction of all otfenses, uidess otherwise pro viiied Ly law, shall he in the county where the offense was committed. § 2752. Where an offense is commenced out of this state, and con- summated in it, or where an offense is consummated in this state, by any means or agency, jn-oceeding from a person out of this state, the psrson £0 commencing such offense, or putting in operation such means or agency, although out of the state at the time such offense was actu- ally consummated, shall be liable to indictment and punishment there- for, in the county where the offense was consummated. i^ 2753. Where an offense is commenced in this state, and consum- mated ont of it, either directly by the accused, or by any means or agency jirocured by, or proceeding from him, he shall be tried in the county where such offense was commenced, or from which euch means or agency proceeded. § 2754. When an offense is committed, partly in one county and partly in another, or where the acts, effects, means or agency occur, in whole or in part, in different counties of this state, the jurisdiction .shall be in either county in which said offense was commenced, pros- ecuted or consummated, where indictment shall be first found. § 2755. Where property is stolen in another state or country, and brought into this state, or is stolen in one county in this state, and is carried into another, the jurisdiction shall be in any county into, or through which the property may have passed, or where the same may be found. § 2756, Where the mortal stroke, or other cause of death, occurs or is given or administered in one county, and the death occurs in another county, the offender may be tried in either county ; and so, also, if the mortal stroke or cause of death occurs, or is given or ad- ministered, in another state or country, and the death happens in this state, the offender shall be tried in die county where the death hap- pened. PRACTICE. § 1322. On affidavit of the commission, within his district, of any imiual offense of which he has jurisdiction, lodged with any justice ci of the peace, he shall issue a warrant for the arrest of the oftender, returnable forthwith, or on a certain day to be named, and shall issue subpoenas for witnesses, as in civil cases, and shall i)roceed to try and dispose of said case, according to law ; and on conviction, shall order such punishment to be inflicted as the law provides. § 1323. It shall be lawful for a justice of the peace to order any one found guilty by him, who shall not immediately pay any fine imposed on him, and all costs, to stand committed to the county jail, until payment of such tine and costs. § 1324. The keeper of the jail of any countv shall receive and 17 258 Conservators of Peace. keep any prisoner committed by a justice of tlie peace, accordiog to the- ordar of commitment. § i8"21. Tlie justices of the peace of the several counties of this state shall be conservators of the peace within their respective count'es, and shall have power to take all manner of bonds or recognizances, with or without security, for good behavior, to keep the peace, or for appearance at the circuit court, as the case may require, to answer any charge against the obligor or cognizor, or any offense committed in the view of such justices, or any of them, and whereof they have not jurisdiction to hear and determine ; and in case any person shall refuse to enter into bond and recognizance as aforesaid, and to find security, when so required, it shall be lawful for said justices, or any of them, to commit the person so refusing to jail, there to remain until he shall comply with the order of such justices. And all bonds and recogni- zances so taken, shall be returned by the justices taking the same, to the next circuit court; and if any person shall forfeit his bond or recognizance, the same shall be so adjudged, and proceeded v.'ith, as is provided in this code. § 2822. Any justice of the peace may, by warrant under his hand, cause any person charged on oath with having committed, or being suspected of any offense against the laws of this state, to be appre- hended and brought before him, or some other justice of the peace of his county, and on examination, any justice may commit such offender to jail, when the offense is not baihible, or where the offender is unable or unwilling to give bail, in bailable cases. § 2823. Any justice of the peace, or other committing officer or court, may require any prosecutor or witness, appearing before him, to enter into bond or recognizance, in such sura as he may think fit, with or without security, for his appearance to prosecute, or give evidence in any cause or matter, and in default of such prosecutor or witness, may commit him to jail, until he shall give such bond or recognizance, or until he shall be discharged by due course of law. § 2824. Any justice of the peace, on the affidavit of any credible person, may issue warrants to search for stolen goods, particularly de- scribing the goods, and the place to be searched. If other persons claim any property thus seized, not over the value of one hundred and fifty dollars, tlie justice shall try the claim in his own court. If the value thereof be over that sum, then he shall send the claim to the cir- cuit court of the proper county for trial, taking bond according to the statute relating to claimant's issues. § 2825. In all criminal cases, brought before any justice of the pep.ce, he shall take the voluntary confession of the accused, and the substance of the material testimony of all the witnesses examined be- fore him, in writing, and shall inform the accused of his right to in- terrogate such witnesses, which questions, and the answers thereto, he shall also reduce to writing; and the said proceedings and testimony, so taken and had, the said justice shall certify and send up, together with the bonds or recognizance of ihe accused, and the prosecutor and witnesses, to the next term of the circuit court of the proper county, on or before the first day of the term. And any justice failing so ta Vagrancy— other Offences. -59 do, shall be fined by such circuit court, on motion of the district attor- ney, on reasonable notice thereof, not more than fifty dollars. % 2826. When any person, accused of any offence, removes or escapes to another county, any justice of the peace of any county, where the accused may be supposed to have removed or escaped, shall, tin application, endorse any warrant purporting to have been issued by any justice in another county, which shall authorize the arrest of any such offender in the county \)f .such endorsement, and his removal to the county where the offence was committed, or is triable. i^ 2827. Any justice of the peace, in criminal cases or inquiries before him, may issue subpoenas to any county in the state, returnable immediately, and shall have power to enforce obedience thereto, as in other cases. § 2828. Any justice of the peace, of any county in this state, into which any offender may have removed himself, or escaped, on the oath of some credible person, may issue his warrant for the arrest of such offender, returnable before any justice of the peace of the county where the offence is properly cognizable, which shall authorize such arrest, and the removal of such offender to the proper county, for ex- amination. ^ 2829. All oflfences, cognizable before a justice of the peace, shall be prosecuted by warrant, under the hand of such justice, returnable on a day, and at a place therein specified ; the person accused shall have the benefit of counsel in his defense, and the privilege of cross- examining the witnesses against him, as in other cases. g 2830. If any person shall pull down any advertisement, author- ized by law, he shall, on conviction thereof, before any justice of the peace, be fined by such justice, not more than fifty dollars, to be paid into the county treasury. ^5 2831. Persons who have no visible means of support, but who, for the most part support themselves by gaming, shall be deemed, held and taken, as vagrants, and dealt with as such. § 2836. The following persons shall be deemed adjudged and pun- ished as vagrants, to-wit : All able bodied persons, who live without employment or labor, and have no visible means of support or main- tenance ; an} person who shall abandon his wife or family, without just cause, leaving them without support, raid in danger of becoming a public charge ; keepers of houses of public gaming, or houses of pros- titution, and all common prostitutes, who have no other employment for their support or maintenance ; any able-bodied person, who shall be found begging for a livelihood, and common gamblers, or persons, who for the /iiost part, maintain themselves by gaming. § 2837. It shall be the duty of any justice of the peace, upon his own knowledge, or on oath or information of any credibh^ person, to issue his warrant to the sheriff or constable of any county, for the arrest of any vagrant, or person suspected or believed to be such vagrant, and to examine him in relation thereto ; and en satisfactory evidence of his being a vagrant, such justice shall commit him to the common jail of the county, for ten days, unless he shall give bond or recognizance, witli good security, in the sum of two hundred dollars, 260 Fines, Bonds, etc. for his good behavior for twelve mouths; which bond or recognizance, such justice shall return to the next term of the circuit court, and the same shall have like effect, and be subject to like proceedings, as bonds or recognizances in criminal cases. And if such vagrant shall so con- tinue, alter the execution of such bond or recognizance, or shall, at any time within the said tjvelve months, act as a vagrant, or otherwise violate the law, ihe said bond or recognizance shall become forfeited. § 2838. It shall be the duty of any justice of the peace, upon his own knowledge or information, of any subsequent violation of the pro- visions of this code, in relation to vagrants, to commit such vagrant to jail, for twenty days ; and no bond or recognizance shall be allowed on such second or other offence. S 2839. In all commitments for vagrancy, the justice shall order the offender to be confined for the time specified, and until he shall pay the costs of such imprisonment, and all proceedings relative thereto, or until discharged by due course of law, after ten days' notice to such justice, of his intended application for such discharge. ^ 2840. All the fines collected by such justice, or other officer, shall be paid into the state treasury, to the credit of the school fund. § 2854. Every court, before -whom an}' person shall be convicted of an offence, less than felony, may, in addition to the penalty pre- scribed by law, require such convict to enter into recognizance, in a reasonable sum, with or without security, to keep the peace, and to be of good behavior, for any time not longer than two years, and may order such person to stand committed, until such recognizance be ex- ecuted. § 2863. Offenses, for which no penalty is provided in this code, or indictable, as at common law, shall be punished by fine, in any sum not more than five hundred dollars, and imprisonment in the county jail, for a term not more than six months. § 2867. In all petty misdemeanors, except those committed by or on any officer or minister of justice, if the party complaining, or in- jured, shall appear before the court where the same shall be pending, and acknowledge to have received satisfaction therefor, the court, in its discretion, may discharge the defendant, and dismiss the proceed- ings, upon payment of all costs. g 2873. AH bonds and recognizances taken in criminal cases, whether they shall describe the offense actually committed or not, shall have the effect to hold the party bound thereby, to answer to such offense as he may have tictually committed, and shall be valid for that purpose, until he be discharged by the court. ^ 2877, When a prisoner shall be brought before any conservator of the peace, charged with the commission of an indictable offense, and when, in the course of the investigation, it shall appear to such conservator, that the prisoner was insane, when the offense was com- mitted, and still is insane, he shall not be discharged ; but such con- servator of the peace shall remand the prisoner to custody, and forth- with report the case to the chancellor of the proper county, whose duty it shall be to proceed with the case, according to the directions con- tained in the chapter and article of the chancery court law relating to persons non compos mentis. Penal Lcaus— Counterfeiting. 261 jj 2880. Wherever, in tlie criminal laws of this state, the male gender is named, it shall include the feminine, and vice ver.sd, when applicable. The singular sliall include the plural, in all applicable cases. ^ 2881. Every person charged with any offense, committed in another state, territory, or country, may plead a former conviction or acquittal, for the same offense, iu such other state, territory, or country; and if such plea be established, it shall be a bar to any further pro- ceedings for the same offense here. j< 2882. Where a defendant is acquitted of a criminal charge, upon trial, on the ground of a variance between the indictment and proof, or upon an exception to the form or substance of the indictment or record, he may be tried and convicted, upon a subsequent indict- ment, for the offense actually committed, notwithstanding such acquit- tal ; and it shall be the duty of the court to order the accused into the custody of the proper officer. i^ 2887. Every person who shall design and endeavor to commit any offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, in case where no provision is made by law, for the punishment of such offense, be punished as follows : If the offense attempted to be cominttted is capital, such offense shall be pun- ished by imprisonment in the penitentiary, not exceeding ten years ; if the offense attempted, be punishable by imprisonment in the peniten- tiary, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period, or for an amount not greater than is prescribed for the actual commission of the offense so attempted, in the discretion of the court. g 2888. It shall be the duty of all grand jurors, justices of the peace," constables, coroners, members of the board of county supervi- sors, sheriffs, and all other civil or peace officers of the county, without delay, to give information against, and prosecute every person who shall be guilty of a violation of any of the penal laws of this state, and all necessary costs and expenses incurred therein, shall be paid, on due pro^f thereof, Out of the state treasury, if the dofendaut is acquitted, or unable to pay the same. ;< 2504. It shall be sufficient, in an indictment under this article, to charge that the defendant did pass, or issue, or circulate, as money, or as a substitute for money, a note, bill, certificate, or other evidence of debt whatever, not being United States currency, or national bank notes, under the value of five dollars, in violation of the provisions of this article, without further describing said evidence of debt or liability than by its usual name. And proof that such defendant did pass, issue, or circulate as money, or as a substitute for money, any note, bill, certificate, or other evidence of debt or liability whatever, of the char- acter or denomination prohibited by this article, shall be prima facie evidence of the truth of such charge. v; 2510. When the right of property, in any unmarked animal, shall be in doubt, any person bona ^p'de claiming the title to the same, may call in two or more of the neighbors nearest to, and adjoining the 262 Duels, Escapes from Prisoji. range where such animal usually ruus, and in tlieir presence, and with their approbation, may mark or brand such animal. § 2519. Upon the trial of any indictment, for any offense specified in sections two thousand five hundred and eighteen and two thousand five hundred and nineteen, of this article, it shall not be necessary to prove the conviction of any offender, for the offense in relation to which anv agreement or understanding, therein prohibited, shall have been made. § 2532. If any person shall give or accept such challenge, or knowingly carr^- or deliver such challenge, or the acceptance thereof, or be second of either party to any duel, such person shall, on con- hictlon, be incapable of liokling or being elected to an}- post of vonor, pjrofit, or emolument, civil or military, under the constitution and laws of this state ; and the apijointment of any such person to office, as also all votes given to any such person, are hereb}' declared illegal, and none of the votes given to such person, for any office, shall be taken or counted. § 2535. If any person shall offend against any of the provisions of this article, such person shall be a competent witness against any other person offending in the same transaction, and ma^' be com- pelled to appear and give evidence, in the same manner as other witnesses ; but the testimony so given shall be statutory pardon for any oifense against the provisions of this article, and shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, and ma}^ be plead as a defense in any prosecu- tion against him, made under this article, for that offense. § 2558. If any prisoner, confined in a county jail, or in the peni- tentiary, for a criminal oftense, shall escape therefrom, he ma}' be pursued^ retaken, and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned, may have expired at the time he shall be retaken, and sh'-ll remain so imprisoned until tried for such escape, or until discharged, on a failure to prosecute therefor. § 2650. Every offense prohibited in section 2649, may be tried, either in the county where the same may have been committed, or in any county into, or through which, any person so kidnapped or confined, shall have been taken, while under such confinement. § 2651. Upon the trial of any such offense, the consent of the person so kidnapped or confined, shall not be a defense, unless it appear satisfactorily to the jury, that such consent was not extorted by threats or duress. § 2571. Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another, by which any right or interest in real or personal property shall be, or purport to be, transferred, conve3'ed, or in any way changed or affected, or any certificate or endorsement of the acknowl- edgment of any person, of any deed or other instrument, which, by law, may be recorded, made, or purporting to have been made, by any ofticer duly authorized to make such certificate or endorsement, Forgery — Counterfeiting. 263 or any certilicate of the proof of aii}' deed or. other instrument, which, by law, may Ije recorded, made, or jiurijortini; to have been made, liy any olllcer duly authorized to make such certiDcate, witli intent to defraud, shall be adjudged guilty of forgery. ,^ 2572. Every person who shall be convicted of having forged, counterfeited, or falsely altered, any certilicate or other public secu- rity, issued, or purporting to have been issued, under the authority of this state, by virtue of any law thereof, by which certificate or otlier public security, the payment of any money, absolutely or upon contingency, shall be promised, or the receipt of any money, goods, or valuable thing, shall be acknowledged, or any certificate of any share, right or interest, in any public stock, created by virtue of an}^ law of tins state, issued, or purporting to have been issued, by any public officer, or any other evidence of any debt or liability of this state, either absolute or contingent, issued, or purjjorting to have been issued, by any public officer, or any endorsement or other instrument, transferring, or purporting to transfer, the right or interest of any holder of an}^ such certificate, public security, cer- tificate of stock, evitlence of debt or liability, or of any person entitled to such right or interest, with intent to defraud this state, or any public ofiiccr thereof, or any other person, shall be adjudged guilty of forgery. § 2573. Every person who shall forge or counterfeit the great seal of this state, the seal of any public oflice, authorized by law, the seal of any court of record, including the seal of the court of chancery, and the seal of the board of county supervisors, or the seal of any body corporate, duly incorporated by or under the laws of this state, or who shall falsely forge or counterfeit any impression, purporting to be the impression of any such seal, with intent to defraud, shall, upon conviction, be adjudged guilty of forgerv. § 2574. Ever}' person who, with intent to defraud, shall falsel}' alter, destro}', corrupt or falsify any record of any will, conveyance, or other instrument, the record of which shall, by law, be evidence, or any record of any judgment or decree of a court of record, or the enrollment of any such judgment or decree, or the return of any officer, court or tribunal, to any process of any court, or who shall falsely make, forge or alter, any entry in any book of records, or any instrument purporting to be any such record or return, with intent to defraud, shall, upon conviction, be adjudged guilty of forgery. § 2575. If any officer, authorized to take the proof or acknowl- edgment of an}^ conve3'ance of real or personal estate, or of any other instrument which, by law, may be recorded, shall wilfulh' and falsely certify that any such conveyance or instrument was acknowl- edged by any party thereto, when in truth no such acknowledgment was made, or that any such conveyance or instrument was proved, when in truth no such proof was made, he shall, upon conviction, be adjudged guilty of forgery. g 257(3. Every person who shall be convicted of having counter- feited any of the gold or silver coins which shall be at the time cur- rent, by custom or usage, within this state, shall be adjudged guilt}' of forcrerv. 261 Forgery — Counterfeiting. § 2577. Eveiy person who shall be convicted of having counter- feited any gold or silver coin, of any foreign government or country', with the intent of exporting the same, to injure or defraud any for- eign government, or the subjects thereof, shall be deemed guilty of forgery. § 257S. Every person who shall be convicted of having made or engraved, or having caused or procured to be made or engraved, any plate in tiie form or similitude of any promissor}^ note, bill of ex- change, draft, check, certificate of deposit, or other evidence of debt, issued by an}' incorporated bank in this state, or by any bank incor- porated under the laws of the United States, or of an}^ state or terri- tory, or under the laws of any foreign country or government, witli- out the authority of such bank, or of having or keeping in his cus- tody or possession, any such plate, without the authority of such bank, with the intent of using or having the same used, for the pur- pose of taking therefrom any impression, to be passed, sold or altered^ or of having made, or caused to be made, or having in his custody or possession, any plate upon which shall be engraved any figures or words, which ma}'^ be used for the purpose of falsel}'^ altering any evidence of debt, issued by an}' such incorporated bank, with the intent of having the same used for such purpose, or of having or keeping in his custody or possession, without the authority of such bank, any impression taken from any such plate, with intent to have the same filled up and completed, for the purpose of being passed, sold or uttered, shall be adjudged guilty of forgery. § 2579. Every plate specified in the last section shall be deemed to be in the form and similitude of the genuine instrument imitated,, in either of the following cases: when the engraving on such plate resembles, and is intended to conform to such parts of the genuine instrument as are engraved; or when such plate shall be partly fin- ished, and the part so finished resembles, and isjntended to conform to similar parts of the genuine instrument. § 2580. Every person who shall be convicted of having sold, exchanged or delivered, for any consideration, any forged or coun- terfeited promissory note, check, bill, draft, or other evidence of debt, or engagement for the payment of money, absolutely, or upon contingency, knowing the same to be forged or countefeited, with the intent to have the same uttered or passed, or of having offered any such notes or other instruments for sale, exchange or delivery, for any consideration, with the like knowledge and like intention, or of having received any such note or other instrument, upon a sale, exchange or delivery, for any consideration, with the like knowledge, and with the like intention, shall be adjudged guilty of forgery. § 2581. Every person who, with the intent to injure or defraud, shall falsely make, alter, forge or counterfeit any instrument or writing, being or purporting to be, any process issued by any com- petent court, magistrate or officer, or Ijcing or purporting to be, any pleading or proceeding, filed or entered in any court of law or equity, or being, or purporting to be, any certificate, order or allow- Forgery — Counterfeiting. ^^^ ancc, b}' any competent court oi- officer, or being, or purporting to be, any license or autliorit}', a^ 2585. Every person who shall have in his possession an^^ coun- terfeit of any gold or silver coin, which shall be at the time current in this state, knowing the same to be counterfeited, with intention to defraud or injure by nttering the same, as true or false, or by causing the same to be so uttered, shall be adjudged guilty of for- gery- ^ 2586. Every person v»dio shall be convicted of having uttered or published as true, and with intent to defraud, any forged, altered or counterfeit instrument, or any counterfeit gold or silver coin, the forgery, altering or counterfeiting of which is hereinbefore declared 266 Forgery — Counterfeiting. to be an offense, knowing such instrument or coin to be forged, altered, or counterfeited, shall suffer the punishment herein pro- vided for forgery. § 2587. If any person shall, with intent to injure or defraud, make any instrument in his own name, intended to create, increase, discharge, defeat or diminish, any pecuniary obligation, right or interest, or to transfer or affect any property whatever, and shall utter and pass it, under the pretense that it is the act of another who bears the same name, he shall, upon conviction, be adjudged guilty of forgery, in the same degree as if he had forged the instru ment of a person bearing a different name from his own. § 2589. The total erasure, obliteration, or destruction of any in- strument or writing, with the intent to defraud, by which any pecuniary obligation, or any right, interest, or claim to property, shall be, or shall be intended to be, created, increased, discharged, diminished, or in any manner affected, shall be deemed forgery, in the same manner, and in the same degree, as the false alteration of any part of such in- strument or writing. § 2590. When different parts of several genuine instruments shall be so placed or connected together, as to produce one instrument, with intent to defraud, the same shall be deemed forgery, in the same man- ner as if the parts, so put together, were falsely made or forged. § 2591. Every instrument, partly written and partly printed, or wholly printed, with a written signature thereto and every signature of an individual, firm, or corporate body, or of any otiicer of such body, and every writing purporting to be such signatures, shall be deemed a writing, and a written instrument, within the meaning of the provisions of this chapter. § 2592. Whrnever, by any of the foregoing provisions, an intent to defraud is required to constitute forgery, it shall be sufficient if such intent appear, to defraud the United States, any state or territory, any body corporate, city, town or village, or any public officer in his official capacity, any copartnership, or any one of such partners, or any real person whatever. § 2593. The false making, forging or counterfeiting, of any evi- dence of debt, issued, or purporting to have been issued, by any cor- poration having authority for that purpose, to which shall be affixed the pretended signature of any person, as an agent or officer of such corporation, shall be deemed forgery, in the same manner as if such person was, at the time, an officer or agent of such corporation, not- withstanding there never was any such person in existence. § 2594. If any person shalffalsely or fraudulently make, forge or alter any writing, being, or pretending to be, an auditor's warrant on the state treasury, or any order or warrant on the treasury of this state, or the treasury of the United States, or any county, or any incorporated city or town, with intent to defraud the state, or any county, incor- porated city or town, or any person, he shall be deemed guilty of forgery. ,!^ 2608. In all indictments, under the provisions of this article, it shall be sufficient to charge the general name or description of Betting— Gaming. 267 the game at wliich the defendant may have played, without setting fortli or describing, with or against wliom he may liave iDet or played ; and no exception shall be sustained to any sucli indictment, for any defect or want of form, but the court sliall proceed to give judg- ment, according to the very right of the case. And in addition to the penalties hereinbefore provided, it shall be the duty of the jury to find, in their verdict, the amount won, and it shall be the duty of the court to enter up judgment against the winning part}', for the amount so won, to be collected as other fines, and to be appropriated for the use of common schools. g 2609. Betting upon any horse race, or shooting match, shall not be indictable. § 260B. All moneys exhibited for the purpose of betting, or alluring persons to bet at any game, and all moneys staked or betted, shall be liable to seizure, by an}- justice of the peace of the county in which such ollence shall be committed, or by any other person, under a warrant from such justice or other peace officer; and all such moneys, so seized, shall be accounted for by the i:)erson making the seizure, to the justice of the peace, or other oflicer issuing such warrant, and be paid by him into the treasury of the count}', de- ducting thereout fifty per centum upon all mone\-s so seized, to the person making the said seizure. ^ 2610. All laws made, or to be made, for the sui)pression of gaming, are hereby declared to be remedial, and not penal statutes, and shall be so construeil by the courts. § 2611. On the trial of all indictments, under the provisions of this article, the district attorney shall not be confined, in the proof, to a single violation, but under the indictment charging a single offence, may give in evidence any one or more offences, of the same character, committed anterior to the day laid in the indictment, and not barred by the statute of limitations ; provided, that in such case, after conviction or acquittal on the merits, the accused sliall not be again liable to prosecution for any otlence of the same character, committed anterior to the day laid in such indictment. § 2612. It shall be the duty of the sherifTi, coroners, justices, constables, and all other civil officers of the county, when they know, or have reason to suspect, any person to be guilty of a viola- tion of the provisions of this article, to apprehend, or cause to be seized, such person, with or without warrant, and to bring him be- fore some oflicer having jurisdiction thereof, and to appear and prose- cute such offender at the next term of the circuit court. i^ 2G63. Whenever it shall appear to any court of record, that any witness or i)arty, who has been legally sworn or examined in any case, matter or proceeding, pending before the court, has testi- fied in such manner as to induce a reasonable presumption that he has willfully and corruptly testified falscl}', to some material point or matter, such court may immediatel}' commit such party or wit- ness, by an order or process for that purpose, to prison, or take re- cognizance, with sureties, for his appearing and answering to an in- dictment for perjury. 268 Perjury, Rohhery, Killing. § 2664. Such court shoJl thereupon bind over the witnesses to establish such perjur}', to appear at tlie proper court, to testify be- fore the grand jury, and on tlie trial, in case an indictment be found for such perjury. § 2667. In all prosecutions against any person, for willful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and before what court, or before whom the oath or affirmation was taken ; averring such court, or person, to have competent authority to administer the same, together with proper averments to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, informa- tion, indictment, declaration, or an\^ part of any record, or proceed- ing, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or the com- mission or authority of the person before whom the ])erjurv was committed. § 266S. In all prosecutions for subornation of perjury, or for cor- rupt bargaining, or contracting with others to commit willful and corrupt perjury-, it shall ])e sufficient to set forth the substance of the otlence charged npon the defendant, without setting forth the bill, answer, information, indictment, or declaration, or any part of the record or proceeding, either in law or equity, and without set- ting forth the commission or authority of the court or person be- fore whom the perjury was committed, or was agreed, or promised to be committed. § 2674. Every person who shall be convicted of feloniously taking the personal property of another in his presence, or from his person, and against his will, by violence to his person, or by putting such person in fear of some immediate injury- to his person, shall be adjudged guilty of robbery. ^ 2675. Every person, who shall be convicted of feloniously taking the personal property of another, in his presence, or from his person, which shall have been delivered or suffered to be taken, through fear of some injur}-, threatened to be iuflicted at some dif- ferent time, to his person or propert}', or to the person of any rela- tive or member of his family, which fear shall have been produced by the threats of the person so receiving or taking such property, shall be adjudged guilty of robbery. § 2655. If any person shall sever from -the soil of another, any produce growing thereon, or shall sever from any building, gate, fence, railing or other improvement or enclosure, any part thereof, and shall take and convert the same to his own use, with intent to steal the same, he shall be deemed guilty of larceny, in the same manner, and of the same degree, as if the article so taken had been severed at some pre- vious and different time. ^ 2628. The killing of a human being, without the authority of law, by any mears, or in any manner, shall be murder in the following cases : when done with a deliberate design to effect the death of the person killed, or of any human being; when done in the coraraissioh of an act eminently dangerous to others, and evincing a depraved heart. Dueling — Manslaughter. 260 regardless of humuu life, althoug!i without any premeditated design to effect tlie death of any particular individual; when done, w^ithout any design to effect death, l)y any person engaged in the commission of the crime of rape, Ijurglarv, ai'son, or robbery, or in any attenij)t to com- mit such felonies. § 2629. j^very person who shall, by j)rtvi(^us a])pointment, agree- ment, or understanding, fight a duel, without the jurisdiction of this state, and in so doing shall inllict a wound U])on his antagonist, or any other person, whereof the person thus injured shall die within this state, and every second engaged in such duel, shall be deemed guilty of murder in this state, and mav be indicted, tried and convicted, in the county where such death shall happen. § 2631. The killing of a human being, by the act, procurement or omission of another, shall be justifiable in the following cases: when committed by public officers or those acting l)y their command, in their aid and assistance, in obedience to any judgment of a competent court; or when necessarily committed in overcoming actual resistance to the execution of some leg;d process, or to the discharge of any other legal duty ; or when necessarily committed in re-taking any felon who has been rescued, or has escaped; or when necessarily committed in arrest- ing any felon fleeing from justice ; such homicide shall also be justifia- ble when committed by any person, in resisting any attempt unlawfully to kill such person, or to commit any felony upon him, or upon, or in any dwelling house in which said person shall be ; or when committed in the lawful defence of such person, or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and there shall be immi- nent danger of such design, been accomplished; or when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. § 2632. The killing of a human being, by the act, procurement, or omission of another, shall be excusable, v/hen committed by accident and misfortune, in lawfully correcting a child or apprentice, or in doing any other lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent; or by accident or misfortune, in the heat of passion, upon any sudden and sufficient provocation ; or upon any sudden combai, without any undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner. § 2033. The killing of a human being without malice, by the act, procurement or culpable negligence of another, while such other is engaged in the perpetration of any felony, except rape, burglary, arson or robbery, or while such other is attempting to commit any felony be- sides such as are above enumerated and excepted, shall be deemed manslaughter; or the killing of a human being, without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any crime or misdemeanor, not amounting to felony ; or in the attempt to perpetrate any crime or mis- demeanor, in case such killing would be murder at common law, shall be deemed manslaughter. 270 Manslaughter. § 2634. Every pf rson deliberately assisting another in the commis- sion of self-murder, shall be deemed guilty of manslaughter. § 2635. The willful killing of an unborn quick child, by an injury to the mother of such child, which would be murder, if it resulted in the death of the mother, shall be deemed manslaughter. § 2G36. Every person who shall administer to any woman pregnant with a quick child, any medicine, drug, or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary, to preserve the life of such mother, or shall have been advised by a physi- cian, to be necessary for such purpose, shall be deemed guilty of man- slaughter. !^ 2637. The killing of a luiraan being without malice, in the heat of passion, but in a cruel or unusual manner, without authority of law, and not in necessary self-defeute, shall be deemed manslaughter. § 2638. Every person who shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter. § 2639. The killing ot another, in the heat of passion, without malice, by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be deemed manslaughter. § 2640. The involuntary killing of a human being by the act, pro- curement or culpable negligence of another, while such other person is engaged in the commission of a trespass or other injury to private rights or property, or engaged in an attempt to commit such injury shall be deemed manslaughter. 2641. If the owner of a mischievous animal, knowing its propen- sity, willfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large, or not confined, kill any hu- man being, who shall have taken all the precaution which the circum- stances may permit, to avoid such animal, such owner shall be deemed guilty of manslaughter. § 2642. Any person navigating any boat or vessel for gain, who shall willfully or negligently receive so many passengers, or such quan- tity of other lading, that by means thereof such boat or vessel shall sink or overset, and thereby any human being shall be drowned, or otherwise killed, shall be deemed guilty of manslaughter. § 2643. If any captain, engineer, or any other person having charge of any steamboat, or railroad engine, connected with any car or cars, used for the conveyance of passengers, or if the engineer or other per- son having charge of the boiler of such boat or engine, or of any other apparatus for the generation of steam, shall, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, or for the purpose of unusual speed, create, or allow to be created, such an undue quantity of steam as to burst or break the boiler, or other appa- ratus in which it shall be generated, or any apparatus or machinery connected therewith, or shall thereb}^ cause the said engine or cars to run off said railroad track, or trom any other ignorant or gross neglect, shall permit or cause said cars or engine to be thus thrown, Manslaii^ 2721. It shall be unlawful for any person or persons to be, or appear, in any mask or disguise, in the countr}' or towns, or in any public place in this state, or to prowl or travel in such mask or dis- guise ; 2^^'ovided, this section shall not be so construed as to apply to innocent amusements. § 241. When any person accused of treason, felonj', or other crime or misdemeanor, shall be committed to the jail of any county, and the sheriff shall have cause to suspect that such person or persons will attempt to escape, such sheriff shall apply to any justice of the peace for the same count}^ who, upon satisfactory proof of danger of the escape of such prisoner, shall issue his warrant to the said sheriff for a sufiicient guard for securing such prisoner, so long as the necessity therefor shall continue, and said guard shall be entitled to two dollars and fifty cents per da}^ to be paid by the county treasurer, on the certificate of said sheriff. § 2500. All notes and other securities, for the payment of money or other things, made or given to any such association, institution, or compau}', that ma}- be formed, for any of the purposes expressed in the first section of this article (article 7, chapter 58), or made or given to secure the pa3'ment of any money loaned or discounted by an}^ incorporated company, or its officers, contrary to the provisions of this article, shall be void. ARRESTS. § 2773. Arrests for crimes and offenses may be made by any oilicer acting as sheriff, or his deputy, or any constable, marshal, or policeman, of any city or town within their county, or by private persons. >^ 2774, Every person, when commanded by an officer, seeking to arrest an offender, must obey such command. j< 2775. Arrests for criminal offenses may be made at any time or place, and so, also, to prevent a breach of the peace, or the com- mission of a crime. Arrests Witliout Warrant. 273 § 2770. An onicei- or private person may arrest any person, witli- out warrant, Tor an in(licta])le offense committed, or a breacli of the peace threatened, or attempted, in his presence ; or when such per- son has committed a felony, though not in his presence : or when a felony has been committed, and he has reasonable ground to suspect and believe the person proposed to be arrested, to have committed it, or on a charge made u[)on reasonal)le cause, of the commission of a felony hy the party proposed to be arrested. And in all cases of arrests without warrant, the person making such arrest, must inform the accused of the object and cause of such arrest, except when lie is in the actual commission of the offense, or is arrested on pursuit. i< 2777. To make an arrest, as provided for in this ai'ticle, any officer or private person, after notice of his office and object, if ad- mittance is refused, m..y break open a window or outer or inner door of any dwelling or other house, in which he has reason to believe the offender may be fouud. § 2778. If any offender escape, or be rescued, the person from whose possession or custody he escaped or was rescued, ma}' imme- diately pursue and retake him, at any time, and in any county in this state, without warrant. J5 2779. Everv person making an arrest, shall take the offender before some magistrate, or other convenient law officer, without unnecessary delay, for examination of his case. § 2780. Officers and others, who, in the discharge of their dut}', shall make arrests, as authorized or required by the provisions of this article, shall not be liable, on account thereof, civilly or crimi- nally, notwithstanding it may turn out that the party arrested was innocent of any offense. § 2782. Justices of the peace, officers and others, engaged or assisting in the arrest of offenders, shall be entitled to the same fees as are usual, or allowed by law to officers for similar services, in civil cases, to be allowed by the court, on due proof of the ser- vices, in the circuit court, and taxed, collected and paid, as other costs in criminal cases. § 2783. If any person be dangerously wounded, the party ac- cused shall be committed to prison, until it be perfectly' known whether the person so wounded shall recover or not, unless it shall appear to the court of inquiry that the case, in any event, would not amount to murder ; in which case, or in the event that the per- son wounded shall recover, the offender shall be recognized to ap- pear, at the next term of the circuit court, to answer taid offence. § 2786. Any person, who shall arrest any one who has killed another, and is fleeing, or attempting to flee, before arrest, and shall deliver him up for trial, shall be entitled to the sum of two hundred dollars, out of the state treasury, upon the production of a certifi- cate of the allowance of said claim, by the circuit court of the proper county. W'lTNESSKS AND EVIDENCE. ^ 771. Witnesses in criminal cases shall be allowed the same 18 274: Witnesses and Evideiice. compensation as in civil cases, but tlie prosecutor shall not be allowed compensation as a witness, nor shall any person be allowed for his attendance as a witness in more than one criminal case on the same day. ^ 2613. Every witness, when summoned, shall appear and give evidence of all offences against the provisions oi this article, of which he shall have any knowledge ; and such witness, so sum- moned and giving evidence, without procurement or contrivance on his part, shall be thereafter exempt from criminal prosecution, for any offence against the provisions of this article, in relation to which he shall have so testified, bona fide. § 2654. If any person shall steal any bond, covenant, note, bank- bill, bill of exchange, draft, order, receipt or other evidence of debt, or chose in action, or any public security issued by the United States, or any state, or any instrument whereby any demand, right or obligation, shall be created, increased, released, extinguished or diminished, the money due thereon, or secured thereby, and remain- ing unsatisfied, or which, in any event, might be collected thereon, or the value of the property transferred or affected thereby, as the case may be, shall be deemed the value of the article stolen, without further proof thereof. § 2665. If, on hearing of such cause, matter or proceeding, in which such perjury shall be suspected to have been committed, any papers or documents produced by either party, shall be deemed necessary to be used in the prosecution for such perjury, such court may, by "order, detain such papers or documents from the party pro- ducing'them, and direct them to be delivered to the district attorney. § 2848. Any person, desiring to prosecute another, for a viola- tion of the criminal laws of the state, may apply to the clerk of the proper court, in vacation, for writs of subpoena, for any witnesses to attend before the grand jury at the next term. It shall be the duty of the clerk to issue all subpcenas thus applied for, and it shall be the duty of all witnesses, thus summoned, to attend, in obedi- ence to the command of such subpo3na; and if they fail to appear, the foreman of the grand jury may apply for and obtain an attach- ment, as in other cases of defaulting witnesses. § 2849. Every witness summoned on a criminal prosecution, in- quiry or plea of the state, shall attend, from day to day, and from term to term, without further notice, until discharged by the court, or by the party summoning him, or in default thereof, he shall be fined by the court, not more than five hundred dollars, for the use of the school fund, unless on the return of a scire facias, as .pro- vided in this chapter, in relation to bonds and recognizances, and before final judgment thereon, he shall show good cause for such default ; and suph witness shall be further liable to attachment, as in civil cases. § 2871. In all trials of indictments for assault and battery, or for an assault, the defendant may give in evidence, in excuse or ex- tenuation, any insulting words used by the person, on whom such assault or assault and battery was committed, at the time of the Appeals — Bail. 275 coinmission tlicrcof, towards Ihe (lefendant, and the juiy may con- sider and determine whether such insult was or was not a sufficient excuse or justification of the offense committed. AITKAl-S. § 1335. Any one convicted of a criminal offense, by the judg- ment of a justice of the peace, shall have the right of ajjpeal to the next term of the circuit court of his county, upon his entering into bond or recognizance, in a sum, to be prescribed by the justice, not less than fifty, nor more than five hundred dollars, with good and approved security, conditioned for the payment of all costs, and for the appearance of the defendant, at the next term of said circuit court ; and on his appearance in said court, such case shall be tried anew, on its merits, and disposed of, as other cases pending in said court ; and on default of such defendant, a forfeiture shall Ije en- tened against him and his sureties. BAIL. § 1325. It shall be lawful for any officer, having any person in custody, b}^ virtue of the warrant of a justice of the peace, in the cases hereinbefore provided for, to take bond or recognizance, with good and sufiicient sureties, in a sum not less than fifty, nov more than five hundred dollars, conditioned for the appearance of such person, at the day named in the warrant, before the justice of the peace before whom it is returnable, and to fix the amount of the bond or recognizance, which bond or recognizance, shall be returned to such justice, and proceeded on, in case of forfeiture, as in like cases in the circuit court, as far as may be, with the difference in the con- stitution of the courts ; and so, any justice of the peace, before whom a prisoner is brought, on adjourning from daj' to da}-, or to a subsequent day, for the hearing of such case, may take bond or re- cognizance, in such sum as he ma}' prescribe, not less than fift}', nor more than five hundred dollars, with sufficient sureties, properly conditioned for the appearance of such prisoner ; which bond shall be filed by the justice, and may be proceeded on by him, as in like cases in circuit courts. But when the bond or recognizance, taken as above, by the justice, or an}' officer, shall exceed in its penalty one hundred and fifty dollars, it shall be returned to, and filed in the clerk's office of the circuit court of the county, by the justice of the peace, with his certificate of the breach that occurred, in the non- appearance of the prisoner before him ; and judgment »m shall be entered by the circuit court, on such bond or recognizance and cer- tificate ; and thereupon, such other proceedings shall be had, as in case of a bond or recognizance, conditioned for the appearance of a party in the circuit court. § 2787. When a defendant,,chargod with a criminal offence, shall be committed to jail by any court, judge, justice, or other officer, for default in not skiving bail, it shall be the duty of such court or 276 Bail— Duty of Slieriff. officer, to state in the mittimus, the nature of the offence, the county where committed, the amount of bail required, and the number of sureties ; and to direct tiie sheriff of the county where such party is ordered to be confined, to release him, on his entering into recog- nizance, as required by the order of the court, or committing officer. § 2788. It shall be the duty of the sheriff having custod}^ of any defendant as aforesaid, upon his compliance with the order of said committing court or officer, to release him from custody. Said sheriff shall approve the sureties on the recognizance, and for that purpose shall examine them on oath, or take their affidavit in writ- ing, and may administer such oath. § 2789. It shall be the duty of any sheriff taking recognizance as aforesaid, to return the same to the clerk of the circuit court of the county where the oli'enee is alleged to have been committed, on or before the first day of the next term thereof; and if any slieriff shall neglect to take recognizance as aforesaid, or if the same, from any cause, be insufficient at the time he took and approved the same, on exceptions taken and filed before the close of the next term, after the same should have been returned, and upon reasona- ble notice thereof to said sheriff, he shall be deemed and stand as special bail, and judgment shall be rendered against him as such. § 2790. When the defendant is not entitled to bail, or where he neglects or refuses to give bail, as required by law, and the jail of the county in which the offence was committed, or where the case stands for trial, is, in the opinion of the court or committing officer, insufficient for the safe keeping of criminals, it shall be the duty of the court or officer, to make an order for the removal of the accused to the nearest or most convenient and safe jail, of some convenient count}^ there to be kept, until the court shall sit for the trial of the offender; and it shall be the duty of the jailor of such county to safely keep him, according to the order of the court or officer having jurisdiction thereof ; and it shall further be the duty of said sheriff or jailor, to have the body of the defendant, without further order, before the circuit court of the proper county, at its next term thereafter, on the first day of the term, unless he shall have been discharged by due course of law. § 2791. All bonds and recognizances taken for the appearance of any party, either as defendant, prosecutor or witness, in any state case or other criminal proceeding or matter, shall be made payable to the state of Mississippi, and shall have the effect to bind the accused, and his sureties on said bond or recognizance, until the principal shall be discharged by due course of law, and shall stand in full force, from term to term, without reuctval. § 2792. If any defendant, prosecutor, or witness in any criminal case, proceeding or matter, shall fail to comply with the terms of his iDond or recognizance, the court may, at any time after such de- fault made, enter judgment nisi against the obligor and his sureties in such bond or recognizance, and thereupon a scire facias may issue as against bail, returnable to the next term of such court, as in other cases. And upon the return of service of such scire facias. Process Against Corporations. 277 or two writs of scire facias to the proper officer of the county where such bond was entered into " not found," sucli return shall be equiv- alent to personal service, and judgment may be made absolute thereon, unless a suflicient showing to the contrary be made to the court, at tlie time such case is called in its order ou the docket. ^ 2873. A.U bonds and recognizances taken in criminal cases, whether they shall describe the olfense actually committed or not, shall have the eft'ect to hold the party bound thereby, to answer to such offense as he may have actually' committed, and shall be valid for that purpose, until he be discharged by the court. ^ 2874. All justices of the peace, and all other conservators of the peace are authorized, whenever a person is brought before them, charged with any oflense less than murder, arson or treason, for which bail is now allowed hy law, to taice the recognizance or bond of such person, with good and sufficient securit}', in such penalty as such justice or conservator of the peace may require, for his api)earancc before such justice or conservator for an examination of his case, at some future da}'^, not more than five days from the time of taking such recognizance or bond. And if the person thus recognized, or thus giving bond, shall fail to appear at the appointed time, it shall be the duty of such justice or conservator to return the recognizance or bond, with his certificate of Ihe default, to the court having final jurisdiction of the case, that a recovery may be had therein, b}' scire facias, as in other cases of forfeiture. The justice, or other conservator, shall also issue an alias warrant for all such defaulters. PROCESS AGAINST CORP. RATIONS. § 2769. When an indictment shall be found against any corpor- ation, a summons shall be issued against it by its corporate name, to appear and answer such indictment, which summons may be executed in the same manner as a summons against a corporation in a civil suit; and upon such summons being returned executed, the corporation shall be considered in court, and appearing to the said indictment, and the court shall cause an appearance and a plea of not guilty to be entered; and such proceedings may then be had thereon, in the same manner as if the corporation had appeared and pleaded " not guilty" thereto; and if the said corporation shall be convicted on the said indictment, the court may pass judgment thereon, and cause process of execution to be issued against the goods and chattels, lands and tenements of the said corporation, for the amount of the fine and costs, which may be awarded against it, in the same manner as on a judgment in a civil suit; and the sheriff shall proceed to sell the goods and chattels, or lands and tenements of such corporation, on the said execution, in the same manner as on an execution issuing against a corporation in a civil suit. § 2770. If such summons shall be returned not executed, and the sheriff or other officer shall make affidavit that he hath made ■diligent inquir}-, and cannot ascertain any place of business of said 278 Actions vigainst Officers. corporation in bis count}', or the name of any oflicer of said cor- poration, resident in the county in which such indictment shall have been found, upon whom such summons could be executed, then the court shall make an order, directing said corporation to cause their appearance to be entered, and to plead to said indictment, on or before the first day of the next term of the court; a copy of which order shall, within thirty days, be inserted in one of the public news- papers printed in this state, as the court ma}' direct, and continued therein for at least four weeks; and if the said corporation shall not appear within the time limited by such order, or within such further time as the court shall appoint, then, on due proof of such publication, the said court shall order the clerk to enter an appearance and plea of not guilt}* for said corporation; and thereupon, further proceedings may be had on such indictment, in the same manner as if the said corporation had appeared and pleaded thereto; and in case of conviction, execution may be issued, and proceedings had thereon, as in the preceding section mentioned. § 2771. Like process and proceedings may be had before justices of the peace, in any prosecution or proceeding against a corpora- tion, for any offense made cognizable before a justice of the peace; and in case publication shall be necessary, the day of appearance may be fixed for such time as will allow the order to be published for the required period. § 2772. When any corporation shall be convicted, on indictment for a nuisance, for not repairing, or keeping in repair, any road, causeway, bridge or ferry, and shall neglect to pay the fine and costs awarded against them therefor, for the space of three months after an execi;tion shall have been issued against thtm for the same, then it shall not be lawful for any such corporation, their officers, agents, or any other person, to demand or take any toll upon any . part of their road, or any causeway, bridge or ferry, not kept in repair, until the said fine and costs shall be paid; and if any person shall demand, or take, any toll, upon any part of the road, cause- way, bridge or ferry, of any corporation so indicted and convicted, after such neglect to pay, as aforesaid, and notice in writing thereof to such person, and until said fines and costs are paid, such person shall be liable to indictment, and, on conviction, may be fined, not exceeding one hundred dollars. ACTIONS AGAINST JUSTICES, CONSTABLES AND OTHKR OFFICERS. § 326. Every justice of the peace, or other otficer, to whom the statute laws, or other books, have been or may be furnished by the state, shall carefully preserve the same, and at the expiration of his term, shall deliver the same to his successor, and take his receipt therefor, and file the same in the office of the clerk of the circuit court of the county where such offices are exercised; and in default thereof, the said court, on motion of the clerk, or of the successor in office (whose duty it shall be to make such motion), shall enter judgment in favor of the state, against such justice, or officer, so in Remedies for Mojieij Collected. 279 default, for the sura of ten dollars for each volume missiujr, and not satisfactorily accounted for, five days' notice being given of such motion . REMEDIES FOR MONEY COLLECTED. § 1339. When any justice of the peace sliall fail to pay over to the person authorized to receive the same, any money collected by him in his official ca{)acity, or shall fail to account for and pay into the state or county treasury, as the case may be, according to law, all fines and penalties which may be assessed by and paid to him, or which shall come into his hands, by any other means whatsoever, on complaint of any such failure, to any other justice of the peace, of the county, such justice shall issue his summons, commanding the justice so failing to appear before him; and if it appear that such justice of the peace has failed to pay over the money collected by him, as aforesaid, the pistice trying the same shall enter judg- ment against such delinquent, for the money so detained, with costs and ten jier cent, damages, and no stay of execution shall be given on such judgment, and in addition thereto, such defaulliug justice of the peace shall be liable to indictment, and to fine in double the sum collected by him and not accounted for, and imprisonment not more than six months, and such justice shall be removed from office. § 1341. In case any justice of the peace shall resign, or remove from the district, or otherwise go out of office, he shall, within ten days thereafter, deliver his docket, with all process and papers re- lating to his said office, to the clerk of the circuit court of the county, to be by him kept as public records, and who shall be au- thorized to certify copies thereof; and if any such justice of the peace shall die, it shall be the duty of his executors or administrators to deliver his docket and papers to the clerk of said circuit court; and if any justice of the peace, vacating his office as aforesaid, or the executors or administrators of any such justice who shall die, shall neglect or refuse to deliver said docket and papers to the clerk of the circuit coui't of the proper count}^ on demand made, he or they shall forfeit and pay the sum of one hundred dollars; and on such failure, an action for the recovery of such forfeiture shall be brought by the district attorney', in the name and for the use of the county in which such failure occurs, on complaint, verified by affidavit, of any person aggrieved; and such ex-justice of the peace shall, in addition thereto, be liable, on conviction, to imprisonment not ex- ceeding six months, in the county jail. If there shall remain on said docket any suits iindetermined, or any judgments unexecuted, any justice of the peace of the same county, at the request of the plaintitf therein, may have access to said docket and papers, and may hear and determine such suits, or issue execution on such judg- ments, in the .same manner as business originally commenced by him; and when a successor to the justice who may have resigned, removed, or died, shall be elected and qualified, the clerk sliall de- liver the docket so deposited with him to such successor, and the 280 Return to Auditor— Mcnidages. iustice so receiving the docket may proceed to conclude all business pending thereon, as if the proceedings had been originally instituted before hiai, and he shall preserve the docket and records delivered to him, as in other cases, and deliver them to bis successor. § 1342. It shall be the duty of every justice of the peace in this state, on the first Monday of January, in each year, to make a return to the auditor of public accounts, of all fines and penalties, which he shall have assessed during the twelve months preceding such return, and to pay as much thereof as he shall have received, where the same is directed by law to be paid; and any justice of the peace who shall fail to make such return, or to pay the money by him received, as aforesaid, in addition to the remedy prescribed in section number 1389, article twelve, shall be deemed guilty of a misdemeanor in office, and, on conviction thereof, shall be removed from office, and may be fined not more than five hundred dollars, and imprisoned in the county jail not more than six months. § 1759. If any minister, judge, or justice, shall joiu any persons together as husband and wife, without lawful license, as by this chapter required, or shall go out of the state and marry persons belonging to the state, without such license, such minister, judge, ■ or justice, shall, in either case, be liable to indictment, and on con- viction, to imprisonment in the county jail, not less than one month, nor more than six months. § 1761. A certificate of marriage, signed by the minister, judge, or justice celebrating the same, or in case of Quakers, Menonists, or other societies that solemnize their marriages by consent of parties taken in open congregation, by the clerk of the society, shall be transmitted, by such unnister, judge, justice, or clerk, within six months thereafter, to the clerk of the circuit court of the county wherein the marriage is solemnized, to be recorded, and exemplifi- cation of which shall be evidence of such marriage; and every min- ister, judge, justice, or clerk of a religious society, failing to trans- mit such certificate to the clerk, within the time above prescribed, shall forfeit and pay to the person suing for the same, the sum of fifty dollars, to be recovered before any court having cof-nizanee thereof. § 2599. If any judge of any court, or any justice of the peace, or attorney-general, oi-^district attorney, or any constable, sherift', or coroner, or any person, charged by law with the custody of public mone.y, shall violate the provisions of the foregoing section (2591), such person so offending, on conviction thereof, shall be fined in the sum of five hundred dollars, and be imprisoned for the space of twenty days, or less, at the discretion of the court ; and in case any public oflicer shall, in any manner, use or loan public money, in his hands by virtue of his office, in any game, wager, or bet, on con- viction thereof, his commission shall thereby be deemed vacated, and the vacancy supplied, as in case of death, resignation, or re- moval from office. § 2712. If any judge, justice, sheriff, coroner, constable, asses- sor, collector, clerk, or any other officer, shall knowingly demand. To Secure Payment of Fines. 281 take, or collect, under color of his office, any mone^', fee, or reward whatever, not authorized by the laws of this state, or shall demand and receive, knowingly, any fees for service not actually' performed, such oflicer, so offending, shall be deemed guilty of extortion, and on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned not more than three months, or both, in the discretion of the court, and shall be removetl from office. § 2889. If any grand juror, justice of the peace, constable, member of the board of county supervisors, sheriff, coroner, or other civil or peace oUieer, shall willfully neglect or refuse to return any person committing an offense against the laws of this state, •committed in his view or knowledge, or of which he has any notice, or shall willfully absent himself, when such offense is being, or about to be committed, for the purpose of avoiding a knowledge of the same, he shall, on conviction, be fined not less than one hundred dollars, nor more than five liundred dollars, and may, in the discre- tion of the court, be removed from office. TO SECURE PROMPT PAYMENT OP FINES COLLECTED BY JUSTICES OE THE PEACE. Section 1. Be it enacted by the Legislature of the State of Mis- sissippi, That it shall hereafter be the duty of each judge of the circuit court, in this state, at each regular term of his court, in each count}', to require every justice of the peace and ex-q^'c/o justice of the peace in the county in which such term of court is being held, to appear on the first or second day of such term of court, with a transcript of his docket, and submit the same for examination and inspection by the grand jury, which transcript shall contain a full and complete report of all fines imposed, and the amount of the same, collected by such justice of the peace, and what disposition has been made of the same^which shall be certified and sworn toby such justice or ex-officio justice of the peace, before the circuit clerk of such county; and any justice or ex-officio justice of the peace, willfully making a false entry upon such transcript, shall be guilt}' of perjury, and, on conviction thereof, shall be subject to all the pains and penalties prescribed by law. Sec. 2. Be it further jenacted, That it shall be the duty of the g-rand jury to carefully examine the transcript of each justice's docket, in the presence of the district attorney, and make a report of their action thereupon, to the judge of the court, in open court; and if, upon such examination, it shall appear that any justice or ca;-o^cto justice of the peace has failed to pay over or account for any money or moneys, in the manner and time required by law, it shall be the duty of said grand jury to present a bill of indictment against such defaulting justice or exofflcio justice of the peace, as now provided by law; and when such indictment shall have been prosecuted, it shall be the duty of the court to proceed to the trial of said case, instanter, unless good cause can be shown for a con- tinuance. 282 Retailing Liquors, etc. Sec. 3. Be it further enacted, That if any justice or ex-officio justice of the peace, shall neglect or refuse to appear with a trans- cript of his. docket and report, at the time provided in the lirst sec- tion of this act, it shall be the duty of the judge of the court, on the application of the district attorney, to issue such summary pro- cess as is now provided by law in the cases of defaulting jurors or witnesses ; and it shall be the duty of the sheriff of the county to serve the same promptly, for which he shall be entitled to receive and collect the same fees as provided bylaw in similar process; and the clerk of the circuit court shall, likewise, receive the same fees as in like cases; jtrovided, that the district attorney shall Ifave au- thority to compel any justice or ex-officio justice of the peace to pre- sent his docket, for the inspection of the grand jurj^, whenever, in his judgment, it may be necessary. Sec, 4. Be it further enacted. That it shall be the duty of the foreman of each grand jury to deposit the transcript of the docket of each justice or ex-offi.cio justice of the peace, so furnished him, in the office of the clerk of the circuit court, at the end of the court term, which shall be carefully filed and preserved by such clerk, and subject, at all times, to the inspection of an}' person desiring to do so. It shall be the duty of the judges of the several circuit courts in this state, to give this act in charge to the grand jurj^ at each regular term of his court. (Approved, March 31, 1876.) RETAILING LIQUOBS, LICENSES, PENALTIES. MODE OF OBTAINING LICENSE. g 245C. It shall not be lawful for any person, except druggists and physicians, (under the restriction^hereinafter named,) to sell any vinous or spirituous liquors, in a lees quantity than one gallon, without first having obtained a license therefor. § 2457. The corporate authorities of every incorporated city or town, shall have power to grant to any person, resident in such city or town, license to sell by retail, in any quantity, vinons and spirit- uous liquors, within the same, for the i\eriod of twelve months ; and to assess and collect such tax therefor, as they may see proper, not exceeding one thousand dollars, nor less than two hundred dol- lars, having reference to the situation of the place, as affording more or less profit to the applicant ; the sum received for such licenses, to be for the use of the common school fund, and paid into the county treasury for that purpose. § 2458. The boards of supervisors shall have power to grant license to an}^ person resident within their respective counties, and not within an incorporated city or town, to sell, by retail, vinous and spirituous liquors, in any quantity, within such county, and to assess and collect such tax tiiereon as such board may see proper, liaving reference to the situation of the place, as aff"ording more or Retailing Liquors, etc. 283 less profit to the applicant, and not exceeding one tliousand dollars, nor less than two luindrcd dollars, for a period of twelve months; and all sums, received for such licenses, shall be paid into the state treasury, and placed to the credit of the common school fund ; but no city, town or count}^ shall have power to levy an additional tax or per centage, on the license tax herein provided for, for city, county Of town purposes. g 2459. No license shall be granted to any person to retail vinous or spirituous liquors, in less quantities than one gallon, un- less the applicant sitall lirst produce a petition for the issuance of such license, recommending the said applicant to be of good repu- tation, and a sober and suitable person to receive such license, which petition shall be signed by a majority of the legal voters, resident in the supervisor's district, where the liquors are intended to be sold ; and if such liquors are intended to be sold within the limits of any incorporated city or town, then, by a majority of the legal voters therein ; and all such petitions, after being presented and filed, shall lay over one month, for consideration and the recep- tion of counter petitions, before being acted upon ; and any name found on both petitions, shall be counted against the granting of the license ; anil if any supervisor's district or incorporated town sliall, by a majority of legal voters therein, petition the board of supervisors against the granting of license to retail spirituous liquors, such license shall not be granted to any applicant, within the bounds of such district or incorporated town, for twelve months after said petition is so presented. § 2460, Before any license shall be issued, the applicant shall pay, to the treasurer of the count}^ or corporation, the tax assessed thereon, and all other charges, and shall give bond, with two or more good and sufficient sureties, to be approved by the board of supervisors or corporate authorities of the cit\^ or town, as the case may be, payable to the state, in the penalty of one thousand dollars, conditioned that tlie person, ^o whom such license shall be granted, shall, during the continuance of his license, keep a quiet, peaceable and orderly house, for retailing vinous and spirituous liquors, in said district, town or city, and will not suffer or permit any riotous or disorderly conduct, or any drunkenness, or any unlawful gaming, in or about the same, or on the premises thereunto belonging, and will, in all things, faithfully observe and keep all the provisions of this chapter ; and all such bonds shall be filed and carefully pre- served in the office of the clerk of the chancery court of the county. § 2461. No license shall be granted for a longer or shorter period than one year ; and such license shall be a personal privilege, and not transferable to another. The particular place and house in which the liquors are to be sold, shall be designated in the license, and no license shall authorize any person to sell vinous or spiritu- ous liquors at any other place or house than that specified in such license ; 2^rovided, that the boards of supervisors, or the corporate authorities of any incorporated town or city, may, in their discre- tion, and for sufficient cause, allow a change in the })lace or house in which liquors may be sold, under the provisions of this chapter; 284 Eetailing Liquors— Druggists. but, in no case, shall this license admit of liquors being sold at more than one place, at the same time, within the district in which license is granted. MISCELLANEOUS PROVISIONS. § 24G2. The board of supervisors of each county of the state, or the corporate authorities of any city or town, as the case may be, shall have power, and it is hereby made their duty to revoke any re- tail license, which may be granted under this chapter, whenever it shall be made to appear that the person holding such license has become unlit to sell under such license, or has in any way violated the provisions thereof ; but before such revocation is made, the per- son proceeded against shall have ten days' notice of the intention to revoke his license, with a brief statement of the ground upon which the revocation is sought to be made. § 2463. Before any druggist or physician shall sell any vinous or spirituous liquor, in less quantity than one gallon, he shall make, in writing, and file in the ofl[lce of the chancery clerk of the county where helloes business, an affidavit that he will only sell vinous or spirituous liquors, for medicinal, culinary or sacramental purposes, and not for such purposes, unless the applicant satisfies him, by evidence produced, that such are bona fide, the purposes for which the purchase is made ; and that he will not sell such liquors, in any case, where he has cause to doubt that they are absolutely required for such purposes. § 2464. Debts created for liquors at any establishment where liquors are retailed, shall not be recoverable at law, and all notes or securities given for such debts shall be absolutely null and void. § 2465. No license shall be granted, under the provisions of this chapter, to retail liquors, at any place where a special or local act of the legislature provides that no liquors shall be retailed, § 2466. The clerk of the board of supervisors of each county, and the clerk or mayor of any incorporated town or city, on the first day of every term of the circuit court, shall furnish the grand jury or district attorney with a list of all persons who have ob- tained licenses to retail vinous and spirituous liquors within the count.v, within one year next preceding such court, with the date of each license; and for failing to furnish such list, the clerk or mayor shall be fined fifty dollars, on motion of the district attorney, whose duty it shall be to make such motion; and the said list shall be good 'prima facie evidence on the trial of any indictment under this chap- ter, of the granting of any license, and the date thereof, and also that no person not naraed"^in said list has obtained such license. § 2467. Every justice of the peace, sheriff, constable and other county officer, ishereby required and enjoined to cause this chapter to be strictlv enforced within their respective counties, and to give information^f all violations thereof, and to cause all offenders to be arrested and bound over to answer for the same. ^ 2468. It shall be the duty of the district attorneys of this state to'bring suit upon any and all bonds, take under this chapter, which Retailuig Liquors — Penalty. 285 may be violutecl, and condurL the suits lo Jiui^inent, iiiid collcet the proceeds, and pay them over, according to law. § 2469. All county treasurers, and the officers of incorporated cities and towns, who may receive money for license to retail liquor in less quantities than one gallon, shall pay the same into the state treasury', within tliirty days from the time of receiving the same; and if they should fail to do so, shall be liable, on indictment and conviction, to a line, not exceeding the amount of money so received, and not i)aid over, or to imprisonment in the county jail, not more than six months, or by both such line and imprisonment. § 2470. Merchants and others, carrying on any business or trade, who may sell or give away liquors at their places of business, either vinous or spirituous, in less quantities than one gallon, for any pur- pose whatever, shall be subject to pay tho regular retail tax, fixed by the county, or corporate authorities of the place where such business is conducted; and it shall be the duty of the sheriff to assess and collect such tax, whenever he is informed that such sales or gifts have been made ; and such persons, on conviction, shall be fined in a sum not exceeding one hundred dollars. § 2471. It shall not be lawful for any person, having license to retail vinous and spirituous liquors, to keep open the bar, or place where such liquors are sold, or to sell any such liquors, on the first day of the week, commonly called Sunday; and an}^ person so of- fending, shall be liable to a fine of not less than lifty, nor more than one hundred dollars, for each offense. RETAILING LIQUORS — PENALTY FOR. § 2690. If any person shall sell any vinous or spirituous liquor, in any (juantity less than one gallon, without having a license there- for, in pursuance of the laws of this state; or if any person having such license, shall sell any such liquor in a quantity less than one gallon, at any other place or house than that specified in such li- cense; or if any druggist, apothecaiy, or physician, shall sell any vinous or spirituous liquor in a quantit}^ less than one gallon, ex- cept in good faith for medicinal, sacramental or culinary purposes, or shall permit the drinking of said liquors in his store, or upon his premises: or if an}' person, having such license, shall fail to keep a quiet, peaceable and orderly' house, or shall suffer or permit any riotous or disorderly conduct, or any drunkenness, or any unlawful gaming, in or about the house or place where such liquors are kept, or on the premises thereunto belonging, or shall sell any vinous or spirituous liquor to any i)erson then being intoxicated; or if an}'^ person shall directly, or by any evasion or subterfuge, violate any provision of this act, then the person so offending (and also any person who ma}' own or have any interest in any vinous or spirituous liquor sold contrary to this act) shall be liable to indict- ment, and on conviction, shall be fined not less than twent3'-five dollars, nor more than five hundred dollars, or be imprisoned not less than one week, nor more than three months, or both, at the discretion of the court. 286 Retailing Liquors — Penalty. § 2691. It shall not be lawful for aii}- person having license to retail vinous or spirituous liquors, to keep open the bar or place • where such liquors are sold, or to sell any such liquors, on the first day of the week, commonly called Sunday; and any person so offending, shall be liable to be puuiched as is prescribed in the last preceding section, § 2692. If any person, wdiether having a license to retail liquor or not, shall knowingl}- sell any vinous or spirituous liquor, in any quantity, to any minor, he shall, on conviction, be fined in a sum not less than one hundred dollars, nor more than one thousand dollars . § 2693. If any candidate, for any public station, shall treat or bestow any vinous or spirituous liquor upon any voter, with intent to influence his vote, he shall be liable to indictment, and, on con- viction, shall be fined twenty-five dollars. § 2694. If any owner, lessee or occupant of any house, outhouse, or other building or tenement, shall knowingly permit or suffer any person to retail vinous or spirituous liquor, contrary to law, in such house, outhouse, building or tenement, without giving immediate information thereof, and prosecuting the offender, according to law, such owner, lessee or occupant shall be liable to indictment, and on conviction, may^ be fined not more than five hundred dollars, or imprisoned not more than one month, or by both such fine and imprisonment. § 2695. No spirituous or fermented liquors shall, on any pretense whatsoever, be sold within any county prison, or the penitentiary, nor shall an^^ kind of spirituous or fermented liquors be brought into any count}^ prison, for the use of au}^ convict confined therein, without a written permit, signed b}' the physician to such prison, specifying the quantity and the quality of the liquor which may be furnished to any prisoner, the name of the prisoner for whom, and the time when the same may be furnished, and that the same is necessary as a medicine, which permit shall be delivered to and kept by the keeper of the prison. § 2696. Any person who shall sell in, or bring to an}' of the said prisons, any spirituous or fermented liquors, contrary to the fore- going provisions, and every keeper or other officer employed in or about any such prison, or penitentiary, who shall suffer any spiritu- ous, or other liquor, to be sold and used therein, contrary to the fore- going provisions, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to imprisonment, not ex- ceeding one year, in a county jail, or to a fine not exceeding three hundred dollars, or both, at the discretion of the court; and every sheriff, or other officer, so convicted, shall forfeit his office. § 2697. Any person who shall sell any vinous or spirituous liquors, prepared by them or their agents, or knowing it to be pre- pared, according to any certificate or formula for adulteration, or shall adulterate the same, such person shall be subject to indictment therefor, and, upon conviction, shall be imprisoned in the peniten- tiarj' not less than one year, nor more than five 3'ears. Retailing Liquors — Penalty. 287 § 2834. No person shall sell, or offer for sale, any luiuor, vinous or spirituous, or other intoxicating drink, or any merchandise or provisions, at or within two miles of any meeting house, or otlier phice of ])ul)lic worshij), during the time appointed for the continu- ance of such worship ; and any such ofT'ender, on conviction thereof, before any justice of the peace of the county, shall be linud thirty dollars for each offense, and stand committed until such line and costs are paid ; xn'ovided, that this section shall not extend to any incorporated town, or persons residing permanently within the limits prescribed, and complying with the requisitions of the law, in other respects. ^ 2835. If an}' sheriff or constable of the county, where such offense may occur, shall refuse or neglect to carry into effect the provisions of the lest preceding section, he shall, on conviction thereof, before any justice of the peace, be fined ten dollars. PROVIDING AGAINST EVIL KESCLTS FROM THE SALE OF INTOXICATING LIQUORS IN THE STATE. Section 1. Be it enacted by the Legislature of the State of Mis- sissippi, That it shall ])e unlawful for any person or persons, by agent, or otherwise, without first having obtained a license to keep a grocery to sell, in an}' c[uantity, intoxicating liquors, to be drank in, upon or about the building or premises where sold, or to sell such intoxicating liquors to be drank in any adjoining room, build- ing or premises, or other place of public resort connected with said l)wilding ; provided, that no person shall be granted a license to sell or give away intoxicating liquors, \yithout first giving bond to the municipality or authority authorized by law to grant license, which bond shall run in the name of the people of the state of Mis- sissippi, and be in the penal sum of two thousand dollars, with at least two good and sufficient sureties, who shall be freeholders, con- ditioned that they will pay all damages to any person or persons, which may be inflicted upon them, Sither in person or property, or means of support, by reason of the person so obtaining a license, selling or giving away intoxicating liquors ; and such bond may be sued and recovered upon, for the use of any person or persons, or their legal representatives, who may be injured by reason of the selling of intoxicating liquors, by the person, or his agent, so ob- taining the license. Sec. 2. Be it further enacted, That it shall be unlawful for any person or persons, by agent, or otherwise, to sell intoxicating liquors to minors, unless upon the written order of their parents, guard- ians, or family physician, or to persons who are intoxicated, or who are in the habit of getting intoxicated. Sec. 3. Be it further enactedj That all places where intoxicating liquors are sold or given away, in violation of this act, shall be taken, held, and declared to be common nuisances; and all rooms, taverns, hotels, eating-houses, bazaars, restaurants, drug stores, groceries, coffee-houses, cellars, or otlier places of public resort. K 288 Retailing Liquors— Penalty. where intoxicatinp; liquors are sold, in violation of this act, shall be shut up and abated as public nuisances, upon conviction of the keeper thereof, who shall be punished as hereinafter provided. Sec. 4. Be it further enacted, That every person who shall, by the sale of intoxicating liquors, with or without license, cause the intoxication of any other person, shall be liable for and compelled to pay a reasonable compensation to any person who may take charoe of and provide for such intoxicated person, and two dollars per day in addition thereto, for every day such intoxicated person shall be kept, in consequence of such intoxication, which sums may be recovered in an action of debt, before any court having compe- tent iurisdictiou. Sec. 5. Be it further enacted. That every husband, wife, child, parent, j^uardian, employer, or other person, who shall be injured in person' o^- property, or means of support, by any intoxicated person, or in consequence of the intoxication, habiiual or otherwise, of any person, shall have a right of action, in his or her own name, sever- ally or'joint]}^ against any person or persons who shall, by selling or giving away intoxicating liquors, have caused the intoxication, in whole°or in part, of such person or persons; and any person or persons owning, renting, leasiug,or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors^are to be sold therein, or who, having leased the same for other purposes, shall knowingly permit, therein, the sale of any in- toxicating liquors (that have caused, in whole or in part, the intoxi- cation of°any person or persons, selling or giving away intoxicating liquors), aforesaid, for all damages sustained, and for exemplary damages ; and a married woman shall have the right to bring suits, and to control the same, and the amount recovered as afemme sole; and all damages recovered by minorg, under this act, shall be paid, either to sucli minor, or to 'his or her parent, guardian, or next friend, as the court shall direct, and the unlawful sale or giving away of intoxicating liquors, shall work a forfeiture of all rights of the lessee or tenant, under any lease or contract of rent upon the- premises, where such unlawful sale or giving away shall take place: and all suits for damages, under this act, may be by any appropri- ate action in any of the courts of this state having competent juris- diction. . , . ,. , Sec. 6. Be it further enacted. That for violation of the provis- ions of tiie first and second sections of this act, every person so offending shall forfeit and pay a fine of not less than twenty, nor more than one hundred dollars, and be imprisoned in the jail of the county not less than ten nor more than thirty days, and pay the costs of prosecution ; and for every violation of the provisions of the third section of this act, every person convicted as the keeper of any of the places therein described to be nuisances, shall forfeit and pay a fine of not less than fifty, nor more than one hundred dollars, and be imprisoned in the jail of the county for not less than twenty', nor more than fifty days, and pay the costs of prosecution; ar.d such place or places, so kept by such person or persons so con- Retailing Licjiiors — Penalty. 289 victcd, sliall be shut up unci abated, upon the (n-rocided, that the penalties in the luiture of fines mentioned in this section. may be enforced separately from the imprisonment, before any jus- tice of the peace having jurisdiction. Skc. 7. Be it further enacted, That the giving awa}' of intoxi- cating li(iuors. or other shift or device to evade the provisions of this act, shall be deemed and held to be an unlavvrul selling, within the provisions of this act. Sec. S. Be it further enacted, That for the payment of all fines, costs, and damages assessed against any person or ])ersons, in con- sequence of the sale of intoxicating liquors, as provided in section five of this act, the real estate and personal property of such person or persons of every kind, except such as may be exempt under the homestead laws of this state, or such as may be exempt from levy and sale upon judgment and execution, shall be liable ; and sucii fines, costs, and damages shall be alien upon such real estate, until paid ; and in case any person or persons shall rent or lease to another or others, an}' building or premises, to be used or occupied, in whole or in i)art, for the sale of intoxicating liquors, or shall permit the same to be so used or occupied, such buildirg or premises so used or occupied, shall be held liable for, and may be sold to pay all fines, costs, and damages assessed against any per- son or persons occupying such building or premises ; proceedings may be had to suliject the same to the payment of any such fine and costs assessed, or judgment recovered, which remain unpaid, or any ,l)art thereof, either before or after execution shall issue against the property- of the person or persons against whom such fine an:l costs or judgment shall have been adjudged or assessed ; and when exe- ■ cntion shall issue against the property so leased or rented, the officer shall proceed to satisfy said execution out of the building or premises so leased or occupied as aforesaid, and in case such building or 'premises belong to a minor, insane i»erson, or idiot, the guardian of such minor, insane person, or idiot, and his or lirr .-eal and personal i)roperty shall beheld liable instead of such minor, insane person, or iiliot, and his or her property shall be subject to all the provisions of tins section, relating to the collection ot fines, -costs, and damages. Srx. 9. Be it further enacted, That the [)eualty and inqjiisonment mentioned in the sixth section of this act, may be enforced l>y in dictment, in any court of record having criminal jurisdiction, .and 19 ^ 290 Retailing Liquors — Penalty. all iiecuniary fines or penalties provided for in any of the sections- of this act (except the fourth and lifth), may be enforced and pros- ecuted for before any justice of the peace of the proper count}', in an action of debt, in the name of the people of the state of Mis- sissippi, as plaintiff; and in case of conviction, the offender shall stand committed to the common jail until the judgment and costs are fully paid, and the magistrate or court in which conviction is had, shall issue a writ of cqnas ad satisfaciendum therefor ; and justices of the peace shall also have jurisdiction of all actions arising under thg fourth and fifth sections of tliis act, where the amount in controversy does not exceed one hundred and fifty dol- lars, pucli actions to be ]irosecuted in the name of the party injure( eight dollars per month, for each month they may so refuse, to l)e recovered in the name of the county, before any justice, or otiier court having jurisdiction. ^ 22-j:j. Every attorney or counselor at law. receiving money for his client, and failing or refusing to i)ay the same, when demanded, may be proceeded against in a summary vva\% b}' motion before the circuit court of the county where such attorney or counsellor usu- ally resides, or where he may be found, or before the court in which thje money was collected, in the same manner that sheriffs are liable to be proceeded against for money collected on execution, ten days" notice of such motion being given; and in addition to the principal and legal interest, damages at ten per centum on the amount thereof shall be awarded; and in case the failure to pay over said money shall appear to have been willful, and without any reasonable excuse, the court shall line and imprison such attorney or counsellor, as for a contempt, and strike his name from the roll, and revoke his license. § 2271. Any person, or persons who shall, knowingly and will • full}' sell, hold, or offer for sale, within this state, any tainted, l)Utrid, unsound, unwholesome, or unmerchantable flour, having the ends, sides, or other parts of any barrel or barrels,, containing the same, marked with words or letters, expressing or meaning- sound, good flour, .or who shall practice any fraud or deception to put off or sell an}' damaged, unsound, or unmerchantable provis- ions, shall forfeit the whole of such flour or other provisions, to the use of the poor of the county wdiere the same may have been s old, held, or offered for sale ; provided, that Lothing herein contai ned shall be construed to affect any flour or other provisions wrecked descending or ascending any navigable waters, connected with the commerce of this state. § 2273. Any person, or persons, who shall sell, hold, or u tier for sale, within this state, any barrel or barrels of flour that shall weigh or contain less than one hundred and ninety-six pounds of net flour, shall for every such offense, ferfeit and pay, at the rate of twenty cents per pound, for any less quantity than ten pounds that eacii and every barrel, so sold, held, or offered for sale, may be deficient, with costs ; and if any barrel of flour sold, held, or offered for sale, shall weigh or contain ten or more pounds less than one hundreil and ninety-six pounds of net flour, the whole of such barrel or bar- rels, so found deficient, shall be forfeited to the use of the school fund. And if any vinous or spirituous liquors, upon such inspec tion, shtUl be found to have been atlulterated, thev shall bo con- (\ 00 Road Overseers — Ferries. demned ; the said inspector shall seize the same and destroy them, and the owner shall pay the expenses of inspection. ^ 2274. Thirty days after the publication required by the pro- visions of article two, of this chapter (chapter 50), if any person, or persons, shall sell any article of provisions, or other article or commodity whatever, within any county or corporation where such standard of weights and measures have been obtained, agreeable to the provisions of this act, not correspondent to such county or cor- poration standard, or shall keep any weights and measures, or other implements for Aveighing and measuring, for the purpose of buying or selling thereby, not correspondent with the county or corpora- tion standard aforesaid, such person shall, for every such ofleuse, forfeit and pay tw^enty dollars, to the use of the school fund. g 2276. If any inspector of flour and other provisions, appointed within this state, shall, directly or indirectly, demand and i-eceive any other or greater fee, perquisite, reward, or other compensation whatever, for any service or duty he shall perform as inspector, than what shall be allowed him by law, the regulation and order of the court of his count}', or the ordinance of his corporation (as the case may be), for the'tirst offense he shall forfeit and pay twenty dollars, the said forfeiture for the use of the school fund ; and for the second offense, he shall forfeit his commission as inspector, and 1:16 liable to a fine of forty dollars. DUTIES OF OVERSEEUS OP ROADS. § 2351. Every overseer, immediately after his appointment, shall demand of every person within his district, a list of all the hands he may have, liable to work on the road, which demand shall be made personally, or in writing, left at the usual place of abode of the person applied to ; and, if any person shall refuse or neglect, for tfie space of ten days, to deliver to the overseer the list so re- quired, such person shall forfeit and pay the sum of six dollars for each hand liable to work, so neglected or refused to be given in, as aforesaid, to be recovered by an action, in the name of the board of supervisors of the county, " for the use of the county; and itis hereby made the duty of "the overseer to cause such action to be in- stituted. § 2385, Every ferryman shall have authority to keep out, or put out, of his ferry-boat, "or other vessel, any person who shall attempt or press to enter, or who shall enter or stay in his said boat or ves- sel, contrary to his orders ; and any person so doing, contrary to order, shall" forfeit the sum of ten dollars for each ofl'ense, to be re- covered before any justice of the peace, by any person who will sue for the same, besides being liable to any o'thcr civil or criminal pros- ecution. § 2386. The owner or keeper of any ferry, established according to law, on any stream of water, being the dividing line between two Criines Punishahle hy Fine. 301 •e'Ounties, shall have the l•i,^■ht of hxadiny on the opposite side of such stream, in the otlier county, and to unload any i>assengers, wagons, carriages, and their loading, and stock of all kinds, without an}' hindrance or molestation ; and an}- ))erson hindering or molesting such landing or unloadina". shall forfeit and pay to the owner or keeper of such fcny, the suiii of icii di>ll;ii-<, U>i- ever}' <'ffcr,so, '/e- coverable before any justice of the peace. CKIMES AND OFFENCES PUNISHABLE BY FINES ALONE. .< 223. "When any deputy sheriff hath served any writ, execution, attaclunent, or other process whatever, he shall endorse thereon the date of the service thereof, and the proper return of his proceed- ings, and subscribe his own name, as well as that of his principal, thereto; and any deputy sheriff failing herein, shall be fined hy the court, not exceeding one hundred dollars, for the use of the county, en motion, and reasonable notice to said deputy. v< 225. Every sheritf, by himself or his deputy, shall, from. time to time, execute all writs and other process to him legally issued and directed Avithin his county, and shall make due return thereof to the proper court, on the day to which the same is returnable ; and, if an}' sheriff shall fail herein, he shall, for every such offense, be fined by the court to which such writ or process is returnable, in any sum not exceeding one hundred dollars, on motion, five clays' previous notice thereof being first given to said sheriff; one moiety of said fine to the party aggrieved, and the other moiety to the use of the county in wiiicli said line is imposed ; and such sheriff and his sureties shall likewise be liable to the action of the party ag- grieved by such default, for all damages sustained thereby, ancl also to all other penalties provided by law for such offenses. § 226. If any sherilT, or his deputy, coroner, or other oflicer, shall make a false return on any process whatever, to him directed, such sheriff, deputy, coroner, or other oflicer shall, for every such offense, be liable to pay the sum of five hundred dollars, one-half to the plaintiff in such process, and the other half to the use of the county in which such fine is imposed, recoverable against such ofli- cer and his sureties, or such oliicer alone, by motion before the court to which such process is returnable, after five days' notice of such motion, to such sheriff, deputy, coroner, or other officer, and their respective sureties. Jf the return alleged to be false, does not aj)- pear on the face of the record to be so, the court before which such niotion is made, shall, at the request of either party, immediately proceed to empannel a jury, to ascertain Avhethcr such return be false, or not, on an issue joined under the direction of the court ; and if such jury shall find that the said return is false, judgment shall be entered for the sum aforesaid, against such sherilf", deputy, coroner, or other oflicer. and their respective sureties, with double costs. 302 Crimes Punishable by Fine. ^ 243. It' any person, by any means wliatever, shall willfully, inischievously, injure or destroy any of the work, materials or fur- niture of said court-house or jail, or deface an}' of the walls or other parts thereof, or shall write any obscene words, or shall make any drawino- or character, or do any other act, either on said build- in<*>- or the walls thereof, in violation of decency or propriety, or shall deface or injure the trees, fences, pavement, or soil, ou the o-rounds belonging thereto, such person, for every such offense, shall forfeit and pay a sum not less than twenty dollars, nor more than fifty dollars ; and such ofl'ense is made cognizable before a jus- tice of the peace of the county or town where committed. § 320. If any person, elected to any county office, shall under- take to execute the same, or discharge tlu^ duties thereof, befoie he shall have taken the or.th of ofHce, and given bund, as lequired by law, he shall be liable to indictment, and on conviction, may be fined not exceeding five hundred dollars, to the use of the common school. ^ 1729. Any tax collector, who shall willfully fail or refuse, within ten days after the time appointed by law, for any monthly payment or final settlement, to make the same, or willfully fail or refuse to discharge any other duty required of him by this chapter, shall bo deemed guilty of a misdemeanor, and on indictment and conviction thereof, he shall be removed from office, and fined not exceeding one thousand dollars, by any any court of competent jurisdiction. § 1733. It shall not be lawful for any person, not appointed and qualified as an auctioneer, to expose to sale at auction, by public out- cry, any goods, wares, merchandise or stock, under the penalty of five hundred dollars»for each offense ; p't'ovided, that this section shall not apply to sales of the property of deceased persons, or to any sale re- quired by law, or made under the judgment, decree, order or process of any court, or under any deed of trust, or mortgage with" a power of sale, or to sales made by any one of his own property. DUTY OF MASTERS OF VESSELS IN KEGARD TO CERTAIN POOPv. § 1989. If any person commanding a ship, ve«sel, steamboat or other water craft, shall import into this state, or bring to the shores thereof, any infant, lunatic, maimed, aged or infirm person, or vagrant, who is likely to become chargeable on the county or town in which said person may be landed, on the requisition of any supervisor of the '>'ovidecl, that this prohibition shall not extend to the fractional currency of the United States, or national bank notes. s:> 2601. If any guest or t>ther [)ersou shall play at any game, bank or table, contrary to law, in a tavern, or any outhouse, or under any booth, arbor or other place upon the premises in possession of any tavei-n keeper, and the said tavern keeper shall not forthwith give information of the olfense, together vv'ith the names of the orfenders, to some justice of the peace of his county, and prosecute the same, the tavern keeper so in possession of said premises shall. Lotteries, Etc. 305 upon convicUuii thereof, be liiUMl not less tliaii twenty dollars, nor more thau one hundred ilollars ; and, moreover, his lieensc shall be- revoked, either before or after conviction, b}' the court granting the same, whenever, after being duly summoned to show cause to the contrary, he shall fail to appear before the court and satisfy such court that he did not know of, and had no reason to suspect, sucb playing, gaming or betting. i^ 2602. Any owner, lessee or occupant of any house, outhouse, or other building, who shall knowingly permit or sufFcr any of tbo before-mentioned tables, banks or games, or any other game pro- hibited by law, to be carried on or exhibited, in his said house, out- house or other building, or on his lot or premises, being thereof convicted, shall pay a fine of not less than one hundred dollai's, nor more than two thousand dollars. i^ 2G05. If any person, in order to raise money for himself or another, shall publicly or privately put up a lottery to be drawn or adventured for, or any prize or thing to be raffled or played for, or if any person shall sell, or expose for sale, any lottery ticket, or any prize or prize boxes, such person shall be adjudged guilty of gaming, and on conviction thereof, shall be fined not less than twenty, nor more than two thousand dollars. § 2614. Every owner, lessee or occupant of any house or other building, who shall sutler or permit any unlicensed billiard table to be carried on or exhibited for public play in his house, outhouse or other building, being convicted thereof, shall pay a fine of not less than one hundred dollars, nor more than one thousand dollars. ij 2620. If any person shall willfully obstruct, break, injure or destro}' any bridge, causeway or ferry, or any appurtenances thereof which shall have been established for the convenience of the public by the proper authority, he shall, on conviction thereof, be fined not more than one hundred dollars for each violation of this section, to be paid into the state treasury, and shall be liable, further, for aU damage occasioned by such wrongful act. S 2621. All overseers of roads who shall refuse or neglect to do their duty in any respect, as required by law, after notice of their appointment as such, shall, on conviction, for each neglect, be fined not more than fifty dollars, in addition to the penalties recoverablc- by law before a justice of the peace. ,^ 2622. Any person who shall willfully destroy, deface or pull down any mile-post, sign-board, or index board, shall, on conviction thereof, be fined uot more than one hundred dollars, and imprisoned not more than one week. § 2623. If any person shall fell any bush or tree into any publit- higliwa}', or obstruct the same in an}^ manner whatever, and shall not remove the same immediately, it shall be deemed a nuisance, and on conviction thereof, the offender, in addition to the penalty now recoveral)le by law, shall be fined not more than fifty dollars, and be- imprisoned not more than one week. § 2624. If any captain or master of a vessel, or any other per- son, shall obstruct, or cause to be obstructed, anj' of the navigable 20 306 , TJwSahhathDay. hn,\s, rivers, creeks, or other navigable cliannels or passes tliereof, in any manner whatever, on conviction thereof, the offender shnll be fined not more than one thousand dollars, or imprisoned not longer than six months, or by both such fine and imprisonment. § 2625. If anv overseer of any road shall suffer any public road in his district to remain out of repair for more than ten days at any one time, unless hindered by extreme bad weather, or other una- voidable cause, on conviction thereof shall be fined not more than fift}- dollars; livovided, that the indictment shall be found in six months after the expiration of his term of ofiice. SABBATH — VIOLATION OF. g 2679. If any person, on a sabbath day, commonly called Sunday, sJiall himself be found laboring at his own, or any other trade, call- ing or business, or shall employ his apprentices, or servant, or servants belonging to any other person, in labor, or other business, except it be in the ordinary household offices of daily necessity or other work of necessity or charity, he shall, on conviction be fined not more than twenty dollars for every offense, deeming every apprentice or servant so employed, as constituting a distinct offense ; provided, that nothing in this section shall apply to railroads, or steamboat navigation in this state. § 2680. No merchant, shoj)keeper, or other person, except apothe- caries and druggists, shall keep open store, or dispose of any wares or merchandise, goods or chattels, on Sunday, or sell or barter the same ; and every person so offending, shall, on conviction, be fined not more than twenty dollais for every such offense. § 2681. If any person shall show forth, exhibit, act, represent, or perform, or cause to be shown forth, acted, represented or perform- ed, any interludes, farces, or plays of any kind, or any games, tricks, juggling, slight of hand, or feats of dexterity, agility of body, or any bear baiting, or any bull baiting, liorse racing, or cock fighting, or any such like show or exhibition, whatsoever, on Sunday, every person, so offending, shall be fined not more than fifty dollars. § 2683. If any person shall be found hunting with a gun, or with dogs, on the Sabbath, or fishing in any way, he shall, on conviction thereof be fined not less than five, nor more than twenty dollars. § 2711. If any person shall knowingly cut, fell, alter, remove or destroy, or shall cause to be cut, felled, altered, removed or destroyed, any boundary tree, or other allowed boundary laud-mark, to the wrong of his neighbor, or any other person, he shall, on conviction, be fined not more than two hundred dollars, nor less than fifty dollars. § 2740. It shall not be lawful for any person to hunt deer, or other game or animals, in the night time, with fire, except within his own enclosure ; and any jierson violating this law, shall, on indictment and conviction, be liable to a fine, not exceeding one hundred dollars, for each offense, and shall, moreover, be liable in a civil action, to the owner of any horse, neat cattle, hog, sheep or other domestic animal, which may be killed or wounded in such unlawful hunting, in double the amount of ths injury sustained. Tax Collections, Etc. oOT i^ 2747. If liny person or person?!, shall hereafter willfully disturb, tnolest, or interrupt any literary society, or school or society ionned for the intellectual improvement of its members, or any ether school or society, organized, untler any law of this state, or any school, society •or meeting', formed or corivened for the improvement in music, letters, < 255C). If any private person have any prisoner in his keeping, arrested on suspicion of felony, treason, murder, or other offense, and the person who is so arrested escape, by his willful act or negligence, then the person from whom such prisoner so escaped, shall, upon con- viction, be fined in a sum not more tlian one thousand dollars, and im- prisoned in a county jail, not longer than one year, or by both such fine and imprisonment. .s^ 2557. If any sheriff", jailer, coroner, marshal, coiistalilo, or other officei', shall willfully and corruptly refuse to execute any lawful pro- cess, directed to him or any of them, requiring the apprehension or confinement of any person, charged with a criminal offense, or sliall corruptly and willfully omit to execute such process, by which such person shall escape, or shall willfully refuse to receive, in any jail under his charge, any oflfender lawfully committed to such jail, and ordered to be confined therein, on any criminal charge or conviction, or any lawful process whatever, or shall suffer any person, lawfully committed to his custody, to escape and go at large, either ^villfully or negligently, or shall receive any gratuity or reward, or any security or engagement for the same, to procure, assist or connive at, or permit any prisoner in his custody, on any criminal charge or conviction, to escape, whether such escape be attempted or effected, or not, he shall, upon conviction, I)e punished, by imprisonment in the county jail, not exceeding one year, or by fine, not exceeding one tliousand dollars, or by both such fine and imprisonment. § 2562. Every person lawfully imprisoned in a county jai!, who shall escape therefrom, or who shall attempt, by force or violence, to escape therefrom, shall, upon conviction, be imprisoned in the county jail, not more than one year. COUNTERFEITING MERCANTILK LABELS, ETC. § 2595. Every person, who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or counterfeited, any rep- resentation, likeness, similitude, copy or imitation, of the private stamps, wrappers or labels, usually affixed by any mechanic or manu- facturer to, and used by such mechanic or manufacturer on, in or about the sale of any goods, wares or merchandise, with intent to deceive or defraud the purchaser or manufacturer ot any goods, wares or mer- chandise whatsoever, upon conviction thereof, shall be deemed guilty of a misdemeanor, and shall ])e punished by impi'isonment in the county jad, for a term not less than three months, nor more than two years. § 2590. Every person Avho shall have in his possession any die, plate, engraving, or printed label, stamp or wrapper, or any representa- tion, likeness, similitude, copy or imitation of the private stamp, wrap- per or label usually fixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer, on. in or about the sale of 312 Gamiiii j=> tiay goods, wiires or merchandise, with 'nteat to use or sell the said vho shall take and carry away any part of said money, alter the said seizure shall l)e declared, shall lie guilty of a misdemeanor, and on conviction thereof, shall be fined and imprisoned, at the discretion of -the court. § 2G06. Any person of full age, who shall bet any money, or thing of any value, with a minor, or allow a minor to bet at any game or gaming table exhibited by him, or in which he is interested or in any manner concerned, on conviction thereof, shall be fined not less than three hundred dollars, and imprisoned not less than three months. S 2016. If any person shall keep or exhibit any billiard table, for public play, or shall, in any way, be concerned or interested in such billiard table, without having a license therefor, he shall pay a fine of not less than five hundred dollars, or be imprisoned not less than six months, or by both such fine and imprisonment. OBSTRUCTING ROADS. g 2626. ir any person shall wantonly or negligently obstruct or injure any railroad, or plank road, in this state, or any covered road, on conviction thereof, he shalt be fined not more than two thousand d.ollars, or imprisonment not longer than twelve months in the county jail, or b}' both such fine and imprisonment. STEALING OR RE-MOVING PERSONAL PROPERTY. ^ 2053. If any person, who shall feloniously taivc, steal, and carry away, any personal property of another, under the value of ten dollars, he "shall be deemed guilty of petit larceny, and shall be punished by imprisonment in a county jail, for a term not exceeding three months, or by fine, in any sum not exceeding one hundred dol- lars, or by both such fine and imprisonment, at the discretion of the court. § 2658. If any person shall move, or cause to be removed, to .'f 314 Dangerous Weapons — Wills- au}' place be^'ond the jurisdiction of this state, an}^ personal prop- erty, wliicli shall, at the time of such removal, be under written pledge, or mortgage, or deed of trust, and liens b}' judgment, in this state, with intent to defraud the pledgee, mortgagee, trustee, oi' cesiui que trust of said property, said person shall be deemed guilt}' of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be fined not less than one thousand dollars, or imprisoned in the county jail, not less than three, nor more than twelve months, or by both such fine and imprisonment,, at the discretion of the court. § 2659. If any person shall remove, or cause to be removed, or shall aid or assist in removing, to any place beyond the jurisdiction of this state, an}' personal property, upon which there shall, at the time of such removal, be any judgment or execution lien, within this state, with intent to deprive the person entitled to the benefit of such lien, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than five hundred dollars, or be imprisoned in the county jail, not less than one, nor more than six moi.ths, or by both such fine and imprison- ment, at the discretion of ..he court. IMPROPER USE OF DANGEROUS ■\VE2iPONg. ^ 2699. If any person, having, or carrying any dirk, dirk-knife, sword, sword-cane, gun, pistol, or other fire-arms, or other deadly weapon, shall, in the presence of three or more persons, exhibit the same, in a rude, angry, or threatening manner, not in necessary self- defense, or shall, in any manner, unlawfully use the same, in any fight or quarrel, the person so offending, upon conviction thereof^ shall be fined in a sum not exceeding five hundred dollars, or be im- prisoned in the common jail, not exceeding three months, or by both such fine and imprisonment. [And such gun, pistol, or other fire- arms, when exhibiteil in a rude, angry, or threatening manner, shall be held and deemed 'prima facie, a deadly weapon, without any proof that the same was loaded with powder, shot, or ball.] CONCEALING OR DESTROYING WILLS. jj 2700. If any person shall willfully alter or destroy any will or codicil, without the consent of the party making the same, or shall willfully secrete the same for six months after the death of the tes- tator shall be known to him, the person so offending, on conviction thereof, shall be fined or imprisoned in the common jail, or both, at the discretion of the court. DAMAGE TO TELEGRAPH LINES. § 2702. Any person Avho shall intentionally or negligently, in anywise obstruct, injure, break, or destroy, or in any manner inter- rupt any telegraph line, in this state, or communication thereon,, between any two points, by or through which the said line may pass, shall, on conviction thereof, be fined, at the discretion of the court, not more than one thousand dollars, or imprisonment not longer than twelve months, or by both such fine and imprisonmen'".. Libel, Etc. 315 § 2435. If any person shall willfully injure, or in any manner ob- struct, or interrupt, the working of any telegraph line in this state, or shall willfully destroy, cut down, or injure any post, or other support of the wires, insulators, or other fixtures necessary to the working of said telegraph lines, or shall cut, break or destroy the wires, or shall place any wires, or other substance whatrver, in contact with, or toucli- ing the wires or other lixturea of said telegraph line, so as to impede, or in anywise interfere with tiie operations tliereof, or shall take, carry away, injure or destroy, any of the posts, wires, insulators, or other fix- tures or things belonging to sucli telegraph lines, during any tempo- rary suspension of the operations thereof, from accidental causes, such person shall be liable to indictment, and on conviction, may be fined not exceeding five hundred dollars, or imprisoned not exceeding six months, or both, at the discretion of the court; and shall, moreover be liable to all damages suffered by reason thereof. DAMAGED TROVISIONS. § 2704. Any person who shall knowingly anil willfully sell, or hold, or off^er for sale, any tainted, putrid, uusouna, unwholesome, or numerchantable flour, or other provisions, as sound and good, or shall practice any fraud or deception, to put off and sell any dam- aged, unsound, or unmerchantable provisions, shall, upon conviction thereof, be punished by fine not exceeding five hundred dollars, or imprisoned in the common jail, not more than thirty da3-s, or b}' both such fine and imi)ribonment. LtBEL. § 2706. Any person who shall be convicted of writing or publish- ing any libel, or speaking words made actionable by law, shall be fined in such sum, or imprisoned for such term, as the court, in its discretion, may adjudge, having regard to the nature and enormity of the olfense, or by both such fine and imprisonment. MALICIOUS INJURY TO PROPEKTY. § 2708. Any person who shall maliciously, either out of a spirit of revenge, or wanton cruelty, or who shall mischievously kill, maim or wound, or injure any horse, mare, gelding, mule, sheep, cattle, hog, dog, poultry, or other live stock, or cause any person to do the same, shall be fined, in any sum not less than fifty, nor more than three hun- dred dollars, or be imprisoned, for any term not exceeding six motiths, or by both such fine and imprisonment ; but the penalty in this section mentioned, shall not apply to any person who may injure animals found in the act of trespassing within his enclosure, and who has paid or tendered to the owner of the animal, full compensation for the injury inflicted. ^5 2709. Every person who shall maliciously or mischievously de- stroy, disfigure or injure, or cause to be destroyed or injured, any prop- erty of another, either real or personal, shall l)e deemed guilty of ma- licious mischief, and, upon conviction thereof, shall be fined in a sum two-fold the value of the property destroyed, or of the damage done, and be imprisoned, for any time, not exceeding twelve months. 31G Contagious Diseases, etc. ACTING AS BROKER WITHOUT LICENSE. § 2718. If any person shall buy, sell, barter or exchange, any gold, silver or bank notes, or any drafts, or bills for the payment of money, as a broker or factor, without a license first had, on conviction thereof, he sliall be fined not more than five hundred dollars, and imprisoned in the common jail, not longer than six months. IMPORTING CONTAGIOUS DISEASES. ^ 2719. If any person shall wilfully and knowingly import or bring into this state, or into any county thereof, from another county, the sraall-pox, or any other contagious or infectious disease or matter thereof, with the design to spread the same by inoculation or otherwise, or shall inoculate, or procure inoculation, for said diseases, or any or either of them, alter such disease may have been introduced, except as provided by law, the person so offending shall, on conviction, be fined not more than two thousand dollars, and be imprisoned not more than one year, for each offense so^committed, or by both such fine and im- prisonment. FRAUDULENT RACKING OF COTTON. § 2720. If any person shall fraudulently pack or bale cotton, he shall, on conviction thereof, be fined not more than five hundred dol- lars, and imprisoned not more than six mouths, at the discretion of the court. BUYING STOLEN COTTON, CORN, ETC. Section 1. Be it enacted by the Legislature of the State of Missis- sippi, That hereafter, it shall be a misdemeanor, under the laws of this state, for any person or persons, to buy or sell, either by paying or re- ceiving money thereof, or by exchange or barter of property of any description thereof, or deliver or receive under contract of sale of pur- chase, any cotton in the seed, or ginned but not baled, between the hours of sunset on any day and sunrise on the day next succeeding. Sec 2. Be it further enacted, That it shall also be a misdemeanor for 'any person, not regularly engaged as principal, or clerk, in the mercantile, warehouse, grocery, livery or feed stable business, paying a privilege tax under the laws of the state, to sell, or exchange, or bar- ter any Indian corn, or wheat, between the hours of sunset on any day, and sunrise on the day next succeeding, saving and excepting that green corn for table use may be bought and sold by any person between daybreak and sunset of any day. Sec. 3. Be it further enacted. That it shall also be a misdemeanor for any principal, clerk, or employee, engaged in the mercantile, ware- house, grocery, livery or feed stable business, or any other person, not being at the time a wayfaring man or traveler who buys corn to feed immediately to his beast, to buy or exchange, trade or barter for any Indian corn or wheat, between the hours of sunset on any day, and sunrise on the day next succeeding. (Approved, March 15, 1876.) FRAUDULENT WEIGHING OF COTTON. Section 1. Be it enacted by the Legislature of the State of Missis- sippi, That it shall not be lawful for any person or persons who are Masks and Disguises. '^17 employed by iiny merchant, wan.'lioii.semaii or oilier {)er>i)n, as weiffhers of cotton or other article of produce, to give a certificate for a less amount than the actual weight of the same, deductions for mud and water only excepted. Sec. 2. That any receipt, memorandum or other instrument of writ- ing, by which it is made to appear that the producer receives credit for a less amount than the actual weight of the article or articles weighed, shall be deemed and held to be a fraudulent certificate under the pro visions of this act. Sec. 3. 15e it further enacted, That any person or persons who shall be found guilty of a violation of this act, by any court of competent jurisdiction, shall, upon conviction, be fined not less than five nor more than one hundred dollars, or shall be imprisoned not exceeding six months, or both fine and imprisonment, at the discretion of the court. (Approved, March 6, 1872.) MASKS AND DISGUISES. § 2722. If any person or persons, masked or in disguise, shall prowl or travel, or ride or walk, or be in the country or towns, or in any public place, in this state, to the disturbance of the peace, or the ter- ror or the alarming of the citizens of any portion of this state, on con- viction thereof, he or thej shall be fined, not less than one hundred, nor more than five hundred dollars, and imprisoned in the jail of the county wherein convicted, at the discretion of the court before which the conviction is had. § 2725. Any person or persons, not masked or disguised, who shall be found to be voluntarily associating and keeping company with any person or persons, found prowling or traveling, masked or disguised. in the country, or in any town, or in any public place in this state, shall be deemed guilty of a violation of this article, and upon convic- tion, shall be punished in the same manner, and to the same extent, as he or they might have been, had they been found prowling or traveling, masked or disguised, as hereinbefore provided. § 2726. Whenever any person or persons shall be found prowling or traveling, masked or in disguise, in the country, towns, or in any public place in this state, it shall be the duty of every peace officer, and other person or persons, to demand of such offender or offenders, that he or they immediately unmask, or take oft his or their disguise, as the case may be ; and npon the neglect or refusal of such person or persons, so masked or disguised, to immediately comply with such demand, it shall be the duty of said peace (■fficer, or other person or persons, to arrest the offender or offenders, either with or without pro- cess, and take him or them before the nearest magistrate, having juris- diction thereof, which he or they can find, to be dealt with according to law ; and to this end, such peace officer, or other person or persons, so authorized to make such ari-est, may call to his or their aid, any and all by-standers necessary to make such arrests ; and it shall be the duty of such magistrate to take cognizance of such cases,' and pro- ceed therein, at the earliest time practicable ; which proceedings shall be the same as though said offender or offenders, had been brought be- fore said magistrate, upon process issued by him. 318 Bonds — Stoch Raisers — Minors, § 2727. Whenever gaid peace officer, or other person or persons, shall call to his or their aid, to make such arrest, any person or per- sons, as provided in the next preceeding section, it shall be the duty of such person or persons, so called, to proceed at once to assist in making such arrest, and take such offender or offenders bpfore S'lid magistrate; and every person who shall ■wilfully neglect or refuse to assist, siiail be deemed guilty of a misdemeanor, and upon conviction, shall be pun- ished by fine or imprisonment, or both, at the discretion of the court before which such conviction shall be had, said fine not to exceed five hundred dollars, and said imprisonment not to exceed six months. § 2728. If any peace officer, whose duty it is to make such arrest, or to take such offender or offenders before said magistrate as herein- before provided, shall willfully neglect or refuse to perform such duty, he shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine or imprisonment, or both, at the discretion of the court before which such conviction is had; said fine not to ex- ceed one thousand dollars, and said imprisonment not to exceed one year. APPROVAL OF BONDS. Sec. 4. Be it further enacted, That the official bond'of all the offi- cers named in the second section of this Act (Chap. V, Acts 1876) shall be approved by the chancery clerk, (or if there be no chancery clerk, then by the clerk of the circuit court,) and by the presi- dent of the board of supervisors of the county ; and if any chan- cery or circuit clerk, or president of any board of supervisors shall approve any official bond, knowing or having good reason to believe that paid bond is not good and sufficient for the amount thereof, such chancery clerk, circuit clerk, or president of the board of super- visors, shall be deemed guilty of a misdemeanor, and shall be punished accordingly. PROTECTION OP STOCK RAISEES. Section 1. Be it enacted by the Legislature of the State of Mis- issippi. That it shall not be lawful for any person to pen or confine any milch cow, calf or yearling, not his own, with the intent, or for the purpose of procuring milk, without the consent of the owner of such cow, calf or yearling. Sec. 2. Be it further enacted, That on proof that any person shall have penned or confined any cow, calf or yearling, not his own, it shall be deemed and held ;)»•/???« facie evidence of an intent to violate the provisions of the first section of this act. Sec. 3. Be it further enacted. That any person violating the pro- visions of this act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than five dollars for each oflfense, or imprisonment in the county jail not more than twenty days, or both such fine and imprisonment, at the discretion of the court. (Approved, April 14, 1876.) DECOYINO MINORS. Sec. 2. Be it further enacted, That any person enticing, decoying Impuro Candies — Lotteries. 319 iiway, or employing any minor, male or female child, knowing that said minor has a parent, and without the consent of said ])arent or parents, shall be liable for a misdemeanor, and shall be i)unished by fine not exceeding twenty dollars, or imprisonment not exceeding twenty days, or both, and shall he liable to pay the further sum of one dollar ])er day, lo the parent for each day said minor is ke{)t, to be recovered in any court having jurisdiction, (Approved, 3Iareh 29, 1876.) SALE OF IMPURE CANDItS. Section I. Be it enacted by the Legislature of the State of iMissis- sippi, That it shall not be lawful for any person to manufacture, sell or keep, oiler or exhibit for sale, in this state, any candy in which terra alba, or any oiher preparation of lime, or other deleterious or injurious €arth, drug or mineral, shall be mixed or used in the manufacture or preparation thereof; and any person violating the provisions of this act, shall, on conviction thereof, be fined any sum not exceeding five hundred dollars, or imprisoned in the county jail not exceeding sixty days, or both, such fine and imprisonment, at the discretion of the court. (Approved, April 5, 1876.) HOLDING STOLEN TKOrERTY, Sec. 2. Be it further enacted. That any person in possession of personal i)roperty, belonging to or claimed by another w'ho shall will- fully omit, or refuse to deliver such property, or to point out the same to any officer demanding the same, in the mode and manner named in ■section number one of this act, shall be deemed guilty of a misdemea- nor, and, on conviction thereof, in any court of competent jurisdiction, shall be punished byline, not less than the full value of such property, and not exceeding double the value thereof, or by imprisonment in the county jail for a period not less than twenty days, and not exceeding six months, or both such fine and imprisonment at the discretion of the court. (Approved, February 19, 1876.) STEALING TIMBER . § 2733. If any person shall cut down, deaden or destroy, or take away, if already cut down or fallen, any cypress, white oak, black oak, or other oak, pine, poplar, walnut, cherry or pecan tree, on land not his own, and without the consent of the owner, he shall be guilty of a misdemeanor, and, if found guilty, shall be imprisoned in the county jail, not more than three months, or fined not less than five dollars nor more than three hundred dollars, or by both such fine and im- 2)risonment ; but if the party injured, elects to proceed in a civil action for damages, no prosecution, under this section, shall be had, it being the intent hereof, that there shall be both a prosecution and civil actio^n action maintained for the same offense. LOTTERIES. § 2734. To carry into force and give effect to section fifteen, of arti- cle twelve, of the constitution of the state of Mississippi, it is provid- ed, that every lottery and gift enterprise, of whatever name or descrip- 320 Setting Woods on Fire. tion, regardless of the authority of law heretofore creating the same, be and the same are hereby prohibited, and declared a nuisauce and misdemeanor, against the public policy of the state ; and whoever is concerned therein, directly or indirectly, making, drawing, setting up, purchasing, or controlling any lottery or gift enterprise, within this state, in any way or manner whatsoever, or in any manner aids therein, or is connected therewith, shall, upon conviction, before a court of com- petent jurisdiction, be punished by a fine, not less than than five hun- dred dollars, nor more than five thousand dollars, and by imprisonment, not less than six months, nor more than five years, at the discretion of the court having jurisdiction thereof; lyrovidecl, that the fine imposed by the court, shall be awarded, one-halt to the informers, and the other half to the use of the public school fund of this state. § 2735. If any person or persons, hereafter shall sell, or expose, or keep for sale, any lottery ticket, to be drawn in any lottery or gift en- terprise, of any kind, within this state, or any device, in the nature of a lottery ticket, or any lottery policies, or any paper with letters or fig- ures that evidence the same, or in any way represents the drawing of any such lottery or gift enterprise whatever, or act as agent or broker in ejecting the sale of the same, on conviction thereof, before any court of competent jurisdiction in this state, shall for each offense, be sentenced to pay a fine not exceeding five hundred dollars, and impris- oned, not exceeding one year, at the discretion of the court ; and the purchaser of any such lottery ticket, or device in the nature of a lottery and gift enterprise, ticket or policy, or paper, as above mentioned, shall not be held liable to punishment by this or any other law of this state, but shall be a competent witness in the cause ; and any indictment shall be held good, which charges the crime in the language of the law, without setting forth therein the number or date of the ticket, or the device, or anything in the nature thereof, or policv, or that which represents the same, of the name of the lottery or gift enter- prise, or where the same is located ; provided, that the proviso to sec- tion two thousand seven hundred and thirty-fotir, of this article, and relating to the distribution of fines by the court thereof, be and the same is extended, and made part of this section. SETTING WOODS ON FIRE. v^ 2741. It shall not be lawful for any person willfully to set on fire any woods, marshes, or prairies, within any of the counties of this state at any time between the first day of May, and the first day of Feb- ruary; and any person so offending, shall be liable to indictment, and on conviction, shall be fined, not less than twenty, nor more than oiiC hundred dollars, or imprisoned, not less than one month, nor more than three months, or both ; and if such ofl^ense be commited, so as to occasion any loss, damage or injury, to any other person, then the fine shall not be less than fifty, nor more than five hundred dollars; and such person shall, moreover, be liable to an action at the suit of the party aggrieved, for all loss, damage or injury sustained thereby, but any person may at at all times, set fire to his own marshes, prairies, or woods, at any season of the year, being responsible in a civil action, for any damages thereby occasioned to another person. Defacing Ckii relies, etc. 321 DEIACING ClILItCJIK-i UK SCHOOL HUILblXGS. ^5 2746. If any person shall wilfully injure any church ediffice, school house, or other building used for school purposes, or in any way disfigure the same, by painting, writing or printing thereon any obscene words, figures or devices, or by pasting thereon any paper or other ma- terial, bearing such words, iigures, cuts or devices, he shall be punished by fine, not exceeding one hundred dollars, or by imprisonment in a county jail, not exceeding ninety days, or both of said punishments, in the discretion of the court, UACING oil SHOOTING IN PUBLIC IlIGIIWAY. ^ 1^870, If any pers )n shall be found guilty of racing or shooting in any street or public highway, he shall, on conviction thereof in the circuit court, be lined, not more than five huntlred dollars. DOG STEALING. g 2875. Every person who shall feloniously steal, take and carry away, any dog, the property of another, shall be guilty of petit larceny, •and on being indicted and found guilty, shall be punished as in other cases of petit larceny. rOISONING FISII. >^ 2870. Every j)erson, who shall poison any lish in any of the naviga- ble streams of this state, or in any other other stream or lake, without the consent of the owner of the soil, by mingling in the water any sub- stance calculated and intended to stupify or destroy fish, shall be guilty of a misdemeanor, and on conviction thereof, in the circuit court of the proper county, shall be fined in a sura not less than five dollars, and imprisoned in the county jail for a period not less than ten days, in* by both such fine and imprisonment. UEPOKTS BY COUNTY TKEASUPwEK. § 1377. The county treasurer shall, at each regular meeting of the board of supervisors of the county, and at such other times as the said board may require, make a report of the state of the treasuiy, exhibit- ing the receipts and disbursements, and the balance for or against the county, and shall exhibit the money to be counted by said board ; and in case any treasurer shall willfully fail to make such re})ort, he shall be deemed guilty of a misdemeanor, and on conviction shall be pun- ished by fine of not more than one hundred dollars, or imprisonment not longer than one month in the county jail. A book shall be kept infthe office by the clerk, to be styled " The Treasurer's Docket," iu which all such reports shall be recorded, after being carefully exam- ined and compared with vouchers, and approved by the board ; and a copy thereof shall, within five days after the same is recorded, be posted up at the court-house door. And it shall be the dut}' of the chancery clerk lo post such copy, and on failure to do so, said clerk shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by line of not more than one hundred dollars, or by impris- onment in the county jail not longer than one month. •21 322 Collecting Unauthorized Fees. COLLECTING UXAUTHORIZED FEES. v^ 1.^79. If any sheriff, clerk, assessor, or other person, shall claim and receive from the board of supervisors of any county, any fee or compensation, not authorized by law, or if any member of such board shall knowingly vote for the payment of any such unauthorized claim, or any appropriation not authorized by law, he t-liall be subject to in- dictment, and on conviction, fined not exceeding double the amount of such unlawful charge, or may be imprisoned in the county jail, not more than three months, or by both such fine and imprisonment. SUPERVISORS NOT TO BE INTERESTED IN CONTRACTS. ^ 1389. No board of supervisors shall empower or auth(u-ize any cue or more members of said board, or other person, to let or make contracts for the building or erection of public works of any descrip- tion iu vacation, or during the recess of such board ; but all such con- tracts shall be made and approved by the board in open session. § 1390. It shall be unlawful for any member of any board of su- pervisors in this state to have or own any interest or share, either di- rectly or indirectly, in any contract made or let by any board of super- visors, for the construction of court houses, jails, bridges, or other public buildings or works, or for any member of such board to receive any portion or share, either directly or indirectly, of the money or other things paid for the construction of such buildings, bridges or other public works. § 1391. A violation of any of the provisions of the preceding sections of this article shall be deemed a misdemeanor, and punishable, on conviction, by fine of not less than one hundred dollars, nor more than five hundred dollars, and by imprisonment in the county jail, not less than oue, nor more than six moijths, and by dismissal from office. SALES BY AUCTIOXEEKS. § 1734. The assessor, or iu case of his failure to do so, the collec- tor of each county, shall every year demand of each auctioner, in his county, a statement, on oath, of the aggregate amount of all sales at auction made by him since the last assessment, and shall assess the tares thereon to such auctioneer, at the rate of one-half of one per cent, on such amount, and collect them, as in other cases; and if any auctioneer shall omit or refuse to furnish such statement, on oath, to be administered by the assessor, or collector, when required, or to pay the taxes thereon, he shall be liable to a fine of five hundred dollars, and six months' imprisonment in the county jail, or either, on convic- tion ; and the board of supervisors shall cause his bond to be put in suit^ and the whole penalty shall be recovered, in case of a failure to give such statement, for the amount of taxes, with thirty per cent, per annum damages thereon, in case of failure to pay over taxes assessed. The board of supervisors may relieve from the penalty, in case such auctioneer shall come forward and furnish the proper statement, and pay over the taxes due, with damages as aforesaid, and all costs. Telegraplt Coinpanics. '>2 yjLi> KOAD OVEKSICKKS. li 23.53. Overseeis shiiU keep advised of the coiuljtion of tlioir load districts, and shall, from time to time, as occasion may require, call out such limited iiumb?r of hand:^ as mny he necessary, to stop washes, fill u]) mudholes, , causeways, hogs, niiirshps, or swampy phiccfc, or repaii- any damages occasioned by rains, cuts, or otherwise, without waiting for the regular road working; any such lalior shall he justly appor- tioned, if practicable ; and any overseer failing in this, sliall be liable to indictment, fine and imprisonment, or either. DUTY OF TELEGRAPH COMPANIJCS. i^ 2434. Such companies or associations shall be bound, on applica- tion of any officer of this state, or of the United States, in case of any war, insurrection, riot, or other civil commotion, or resistance of public authorit}', or for th.e prevention and punishment of crime, or for the arrest of persons suspected uv charged therewith, to give to the com- munications of such officers, immediate dispatch, at the price of ordi- nary communications of the same length ; and if any officer, agent, operator or employee, of any such company or association, shall refuse or willfully omit to transmit such communication, as aforesaid, or shall designedly alter or falsity the same, for any purpose whatever, the per- son, so offending, shall be liable to indictment, and on conviction, may be fined and imprisoned, at the discretion of the court. JXSUKANCE WITHOUT LICENSE. § 24.53. Any person violating the {)rovisions of this article, (Article 8, chapter 55,) shall, upon conviction thereof, in auy court of compe- tent jurisdiction, be fined in any sum not exceeding one thousand dol- lars, or im|)risoued in the county jail, not more than thirty days, or by both such fine and imprisonment. WILLFUL NEG1.ECT OF DUTY. ^ 2890. If any j)ej'son, being sheriff, clerk of any court, coroner, constable, assessor, or collector of taxes, or holding any county oflice whatever, shall willfully neglect or refuse to perform any of the duties required of him by law, or shall violate his duty in any respect, he shall, on conviction thereof, be fined ]iot exceeding one thousand dol- lars, or be imprisonod in tlie county jail, not exceeding six montiis, or botli ; and in case such officer shall have given bond for the faitiiful performance of his duties, the president of the board of county super- visors shall cause suit to be brought thereon, for th.e recovery of such damages as the state or any county may have sustained thereby. SECUKITY I'OK COSTS. i^ 572. When any suit sliall be commenced in any court of law or equity, in this state, the plaintiff or complainant may be required, on motion of the clerk, or any party interested, to give security for all costs accrued or to accrue iu such suit, within sixty days after an order of couri, made for that pur|)03e ; provided, the party making such motii>n. shall make and file an affidavit that such plaintiff or com- 324 Preservation of Fish, etc. plainaut is a uou-resideut of the stnte, and has uot sufficient property in this state, out of which the costs can be made, if adjudged against liim; or if the plaintitf or complainant be a resident of the state, that he has good reason to believe, and does believe, that such plaintiff or complainant will uot be able to pay the costs of such suit, in case the same shall be adjudged against him ; and if the security be not given, the suit shall be dismissed, and execution issued, for the costs that have accrued, or the court may, on cause shown, extend the time for giving such security. i5 573. Security for costs may be given by recognizance entered into in open court, or by a written undertaking endorsed on, or filed with the papers in the cause ; and if the costs shall not be paid when due, judgment shall be rendered by the court against said security, as well as against the plaintiff or complainant, and execution issue as in other cases. ^ 2851. All the property of any convict shall be liable, first, in preference to all other demands, except jointure and dower, to the dis- charge of costs and expenses incurred by the state, or 2S Tax on Privileges- Each restaurant, in city or town of over two thousand in- habitants " 50 00 Same, in cit_y or town under two thousand inhabitants. . . 25 00 On each circus or menagerie, or both combined, for each day's performance 50 00 On each side-show, per day 10 00 On each show, exhibition, concert, or other performance, where a fee is cliarged for admission, and not devoted exclusively to religious, benevolent, or educational pur- poses, per day 5 00 On each room or hall used as theater or opera-house, fur public exhibition, in city or town under five thousand inhabitants, per year ' 100 00 On such room or hall, in city of over five thousand in- habita'nts, per year 200 00 On each store, stock under $1,000 5 00 On each store, stock of $1,000 to $2,000 10 00 On each store, stock of $2,000 to $3,000 15 00 On each store, stock of $3,000 to $5,000 20 00 On each store, stock of $5,000 to $8,000 30 00 On each store, stock of $8,000 to $12,000 50 00 On each store, stock of $12,000 to $15,000 ..... 60 00 On each store, stock of $15,000 to $20,000 85 00 On each store, stock of $20,000 to $25,000 ICO 00 On each store, stock of $25,000 to $35,000 150 00 On each store, stock over $35,000 200 00 Each auctioneer in towns of one thousand inhabitant?, or less 10 00 Same, in town or city of one thousand to three thousand inhabitants " • 25 00 Same, in city of over three thousand and under five thousand inhabitants 30 00 Same, in cit}' or town of over live thousand inhabitants.. 40 00 Each peddler, on foot 10 00 Each peddler, with one liorse, or mule, or 6ther animal. . 20 00 Each peddler, with one horse or mule, or other animal, with wagon or other vehicle 30 00 Provided, Persons peddling exclusively, goods, wares, or merchandize manufactured in the State, shall be ex- empt. On each peddler, with two horses or mules, or other ani- mals, with wagon, or other vehicle 40 00 On each cotton broker, or factor, engaged in buying or .selling cotton, and not licensed as a merchant 20 00 Each public cotton-weigher, where less than two thous- and bales are weighed 5 00 Over two thousand, and less than three thousand five hundred, and less than five thousand bales 10 00 Over three thousand five hundred, and less than five thous- and bales . 15 00 Tax on Privileges. 329 Over live tliousuiul, and less than eight thousand bales. . UO 00 Over eight thousand, and less tlian ten thousand bales. . . 25 00 Over ten thousand bales 40 00 Each coal-yard, except where charcoal alone is sold 25 00 P^ach l)revvery, oi.' establishment for the manufacture or bottling of ale, beer, soda, or mineral water 40 00 Each drug- store, where vinous and spirituous liquors are sold in less quantities than one gallon 100 00 Each store or establishment selling vinous or s[)irituous liquors, by gallon, or more 50 00 Each pawnbroker or firm 100 00 Each established broker, keeping an otiice 200 00 Each street broker 25 00 Each i)racticing lawyer 10 00 Each and every person receiving or forwarding goods, wares, or merchandize, for profit, and not paying $20 privilege tax as a merchant, nor keeping a licensed wharf-boat Each commission merchant Each dentist Each civil engineer or architect Each gas company, in city or town of less than four thous- and inhabitants Same, in city or town of over four thousand inhabitants. On each toll bridge _ P^ach steam lerry on the Mississipi)i river, whose point of landing or departure is from a town or cit}' of five thousand or more inhabitans 150 00 On same, from cit}^ or town of less than five thousand in- habitants 75 00 On all other ferries where the receipts exceed five hundred dollars per annum 25 00 On each dealer in ale, beer, or other malt liquors, in city or town of five thousand inhabitants, or more, and not licensed as a retail liquor dealer 100 00 On same, in towns of over two thousand, and under five thousand inhabitants 60 00 On all other such dealers 30 00 On each soda fountain • ■ _ 5 00 Each cotton compress company If 00 P^ach agency established for sewing machines 40 00 Each sewing machine agent, except one for each estab- lished agenc}' Each photograph gallery Each livery, feed, or sale stable, in town of over one thous- and, and less than two thousand inhabitants. On same, in city or town of over two thousand, and under three thousand inhabitants On same, in city or town of over three thousand, and under five thousand iiihalntants 20 00 00 00 5 00 10 00 50 00 100 00 25 00 5 00 10 00 10 00 20 00 40 00 330 Tax on Privileges. On same, in city or town of over five tliousand, and less tlian ten thousand inhabitants 50 00 On each such stable, in city or town of over ten thousand inhabitants 100 00 On each transient vendor of horses or mules 30 00 Each real estate agent 10 00 Each bank of discount or deposit, in city or town of less than two thousand inhabitants 200 00 Which shall be in lieu of all taxes on ten thousand dollars of the capital of such bank. P^ach bank of discount or deposit, in city or town of over two thousand, and less than four thousand inhabitants. 300 00 Which shall be in lieu on all taxes ot fifteen thousand dol- lars of capital. Each bank of discount or deposir, in city or town of over four thousand inhabitants 1,000 00 Which shall be in lieu of all taxes on fifty thousand dollars of capital of such bank : Provided, That any per- son or persons doing a banking business in city or town of over four (4) thousand inhabitants, whose business is based on a capital of less than twenty thousand dollars, including all slocks, bonds, credits of every description, whether deposited in or out of the State, and will furnish to the Auditor of Public Accounts, under oath, a state- ment showing such fact, shall not be required to pay a privilege tax of over $500, which shall be in full for all taxes on twent.y thousand dollars of capital. _, On each and every person selling prize or gift packages, or any goods not exposed or exhibited on the cars pass- ing through this State 25 00 On each transient vendor of jewelry, whether the same is offered for sale in the store of a resident dealer or not. 25 00 [On each transient vendor or peddler of clocks, or pumps, or stoves, or pinchbeck jewelry, and on all transient vendors, what- ever, not provided for in an Act relating to privileges, approved March 1, 1875, the sum of $1,000. And on all trappers, from other States, of beaver, or other animals captured for their fur, 8100. All counties, towns, and cities, shall be authorized to levy an additional tax on the above privilege, not to exceed fifty per centum on the above sums. Act approved February 1, 1877.J And the license herein provided, shall be a personal privilege tax, and not transferable; and a license shall not be construed to exempt from taxation the property used in the license business, except as specially provi CIRCUIT COURTS. Taking bond oO Entering non-suit, discontinuance, or nolle livos 25 Order and copy of rule of reference 50 Swearing each witness 5 Entering each continuance 15 Scire facias, except against jurors when cxcuseil 1 00 Swearing and impaneling every jurv 10 Receiving and entering every verdict 10 Recording each judgment in court, except of non-suit, discontinuance or nolle pros 25 Each subpoena for one witness 25 Each additional name inserted 10 Each commission to take depositions 50 Copies of interrogatories, for every hundred words 15 Taking a recognizance 50 Recording return on execution 25 Administering oath and certifying the same 25 Each certificate to witness 15 336 Fees of Officers. Faeh separate certiticate, except to jui-ors, required to be under seal 25 Enrolling judgment, for first defendant 1 00 Each additional defendant 25 Filing and recording abstract of judgment or decree, and indexing the same 1 00 Taxing cost, to be charged but once 25 Each marriage license 2 00 Bond for same. . ^ 1 00 For each da)^ attending the circuit court, to be paid out of the county treasury 2 00 No clerk shall charge a fee for affixing the seal of his office, but the same shall be a part ol his official signature. IN CRIMINAL CASES. For entering filing of indictment, or filing information. .. 25 Each writ, other than subpoenas 50 Arraigning prisoner and entering plea 75 Taking recognizance oO Entering surrender of principal by bail 25 Swearing and impaneling every jury 25 Entering verdict or judgment, each 25 Swearing every witness p Each subpoena, with one witness 25 Each additional name inserted 5 Each motion and order thereon 15 Special venire in capital cases *^0 All copies, for every hundred words 10 For all public services not herein particularly provided for, the clerk shall, at each term, exhibit a detailed fee bill, to be examined by the attorney general, or district attorney previous to the allow- ance by the court, and the court is hereby authorized to allow the same, not exceeding fifty dollars for any one year, tn be paid out of the county treasury; Provided, No part of such bill shall be for fees which may accrue on prosecutions m which the State may fail, and the cost be not taxed on the prosecution. to the clerks of the supreme court, chancery, and circuit courts: For making final records, furnishing transcripts of records, or copies of papers on file, recording deeds, and all other writings and instruments required l)y law to be recorded and copied, or which any person is entitled to demand and receive copies, ten cents for every hundred words, and the same fees shall be allowed to all offi- cers '^in the state for making and certifying copies of records, or papers which they are authorized to copy and certify; but no fees shall be allowed the clerk of the supreme court for making final records, or to the clerks of the chancery or circuit courts, for making Fees of Officers. 337 linal record in any case, unless lliey arc required to make a linnl record by the judgment or decree ot' the court rondering the same. Sec. 2. Be it farther enacteil, That the county surveyors l)e al- lowed the lollowing fees, and no more : TO COUNTV SUKVtYOKS : For each day's service, in uiaking surve}' 5 00 For each single plat, with certilicate of survey', with cal- culations of contents 2 50 With each adjoining plat, with note of reference 50 For every additional cop}' of plat, with certificate of sui'- vey, notes of reference, where there arc not more than three i)lats contained in one, in said copy 1 U.0 For every additional plat in said copy 50 For surveying town lots, not exceeding for each day 5 00 Each chain carrier, for each day 1 50 Sec, 3. Be it further enacted, That the fees, chargeable as afore- said, shall be paid by the parties desiring the services to be per- formed, and wiien the services are rendered in obedience to an order of court, in a suit therein pending, the survej'or shall state an amount of the fees for such services, written on the back of one of the plats by him returned to the court, and the same shall be al- lowed in the bill of costs, and taxed against the losing party, as other costs, unless such party shall already have paid the same. TO SHERIFFS : For executing the process, judgments, and decrees of the circuit courts, and for similar services in other courts, levying an attach- ment on an absent, absconding, or other debtor 2 00 Summoning each garnishee 50 Serving summons or other mesne process, for each defend- ant 1 50 Levying an execution 1 50 Entering each writ in his office 25 Returning the same 25 Each bail bond and recognizance 50 Summoning each witness . . . : 50 Executing a writ of possession and return 3 00 Making deed to purchasers of real estate 2 CO Serving scire facias on each defendant, except defaulting jurors when excused 50 Taking bond of every kind 50 Impaneling each jury sworn 20 Summoning a special jury - t^O Serving any person with a summons or citation not herein provided for 50 Serving c«. sa. on each defendant and commitment 1 50 Serving attachment for contempt and return 1 50 22 338 Fees of Officers. Serving interrogatories and notice, or notice alone 1 50 iSummoning jmy on any inquisition in the county, attend- ing the same, and taking inquest, per day !^ 00 Removing a prisoner on habeas corj^us, each day in vaca- tion ^. 3 00 Removing a prisoner on habeas corpus, change of venue, or o'^herwise, for every mile going or returning 10 Each commitment or release 1 00 Victualing prisoners, each day 40 [And no allowances for feeding prisoners shall be made made until after the board of supervisors shall have ex- amined the authority- by which each prisoner was confined, and the discharge, if the prisoner or prisoners be dis- . charged, and shall be satisfied, by a computation based thereon, that the account is correct. Acts 1876, p. 220,] Advertising any sale, besides printer's charge 1 00 Executing death warrant, to be paid out of the county treasury \ 12 00 On all monc}' made by virtue of any decree, execution, attachment or other process, the following commissions, to-wit : On the first one hundred dollars, three per cent. On the second one hundred dollars, two per cent. On all sums over two hundred dollars, one per cent. For attending in person, or b}' deputy, upon the terms of the supreme court, chancery courts, circuit courts and supervisors' courts, for himself and each deput}', (not exceeding two persons in all, except by special order of the court,) each day, to be paid out of the county treas- ury on the allowance of the court 2 00 For attending elections, either himself or deputy, two dollars for each da}', to be paid out of the county treasury ' 2 00 For impaneling grand juries, serving all public orders of court in his county, and for all other public services not otherwise provided for, a sum not exceeding fifty dollars for each 3-ear, to be allowed by the circuit court, after examination b}' the district attorney, and paid out of the county treasury. For executing all judgments, decrees, orders, or process of the supreme court, chancery courts, and supervisors' courts, the same fees as are allowed for similar services in the circuit courts. The sheriff's fees, in state cases, when the state fails in the prose- cution, to an amount not exceeding fifty dollars in any one year, shall be paid out of the county treasury-, on the certificate of the clerk, of the failure of the prosecution, and that the account of said sheriff, for his fees, has been allowed by the court, and entered on the minutes. The sheriff shall, also, be allowed the reasonable ex- penses of keeping any live stock, and, also, all reasonable expenses of keeping and preserving any personal property levied on by vir- tue of any execution, attachment, or other process, and such ex- Fees of Officers. 339 peases sliall be allowed ])v Iho court to which the process is return- able, and taxed in the cost of suit. TO TAX COLLECTOl^S : The comjUMisMtiMii ol' shei-ilT*, wlion acting as tax collc'ctors, sliall be live i)er centum on the first ten thousand dollars of taxes collected for the state, in any one year, and five per centum of the first ten thousand dollars of taxes collected for the county, in any one year, including county, school, bond, and privilege taxes, and on all other sums so collected, three per centum ; and that upon all taxes col- lected by them, after the same shall become delinquent, they shall be allowed a compensation up to March 1st, ensuing, of ten (10) per cent,, after which date, the sum of live (5) per cent, shall only be allowed, which said additional compensation shall be collected out of the delinquent tax payer, and never out of the state or county treasuries. [Acts 1877, p. 18.] TO MEMBERS OF THE BOARDS OE SUPERVISORS. The compensation of members of the boards of supervisors shall be four dollars per day. TO CORONERS : For taking inquisition on a drad body 810 00 And if a justice of the peace ^jerform said duty, he shall receive the same fees as provided for the coroner. For all services performed by them, the same fees as are allowed sheriffs for similar services. TO JUSTICES OF THE PEACE: For celebrating a marriage, and certificate thereof $1 00 Each warrant in criminal case 40 Witness or recognizance 40 Mittimus or recognizance 40 Warrant, summons, or scire facias, in civil cases 50 Proceedings thereon, to judgment 25 Each subpffina containing one name 25 Each additional name 5 Entering each suit 10 Entering each judgment ilO Swearing each witness 5 Commission to take depositions •'JO Issuing execution 10 Each summons for garnishee 25 Taking examination of garnishee 20 Appeal, with proceedings, bond, and allidavit 1 00 Transcript of record, when requested 25 Issuing attachment, taking bond, and aflidavit 1 50 Each certificate, not otherwise provided for 25 Taking deposition, each hundred words 25 Each affidavit not otherwise provided for 2.J 340 Fees of Officers. Taking proof or acknowledgment of any deed or mort- gage concerning real or personal estate, and certiflcate thereof, for each party (and the same fees shall be allowed to all other officers for the same services. . ) 25 Drawing jury and issuing venire facias 25 Swearing jury and entering verdict ' 25 Advertising an attachment, besides printer's fees 50 TO NOTARIES PUBLIC. For protesting bill or note for non-acceptance or non- payment, and giving notice of same 2 00 Registering such protest and making record 1 00 Attesting letters of attorney and seal 50 Notarial attidnvit to an account, or other writing, and seal 50 Each oath or affirmaticn and seal . -^0 Notarial procuration and seal 1 00 Certifying sales at auction and seal 50 Taking proof of debts to be sent abroad 50 Protest in insurance cases and seal 1 00 Copy of record and affidavit 1 00 TO CONSTABLES. Serving each warrant and summons 50 Serving each warrant and summons in criminal cases. ... 1 00 Serving an attachment 1 00 Summoning each witness 25 Executing a mittimus '5 Taking every bond • • • 50 Levying execution and making the money 1 50 Suinmoning coroner's inquest, to be paid as the coroner's fees in the same case.. 1 00 Conveying a criminal to jail, each mile 10 Attending each trial in justice's court 25 Summoning jury ^^ Each cause tried by jury 50 For other services the same fees allowed sheriffs for similar services. TO COMMISSIONERS AND MASTERS IN CHANCERY. Taking affidavit r^ Summons to attend ou reference 50 Report on reference to compute amount due 1 00 All other reports, except on taking accounts 3 00 Takino; an account on reference, for each dav actually occupied o uu ■ Takin"^ an examination of a witness, for every hundred words -^ Certifving each exhibit 20 Copies of reports and sucli other papers as the parties to a refer- ence may require, the same fees allowed the clerks for similar ser- vices. Executing deed pursuant to decree ^00 Fees of Officers. 34:1 JNhikiug sale under decree, the siinie fees uUowcd slierill'.s on sales under execution, ^aid in no event shall the clerk of the chancery court, or other oflicer, be allowed for taking depositions in any case more than the sum of twenty cents per every hundred words; and in taxing- the cost for taking depositions, it shall be the dut}' of the cloik, or other odicer taking the dei)Ositions, to state the number of words in each disposition. Tu WITNKSSKS AND JUKY. Witnesses and jurors, in all cases where the}' are entitled to com- pensation, excei)t befoi'e justices of the peace in civil cases, shall receive one dollar and fifty cents per day, and also live cents for -each mile, going and returning, by the nearest route from their res- idence to the court house, and also such tolls and ferriages as they may be actually obliged to pay; provided, that such mileage, toll and ferriage shall be charged but once at each term. Witnesses and jurors in civil cases before justices of the peace, f^hall be allowed one dollar per day, and no more; and the attend- ance of only one witness to each fact shall be taxed in the cost in cases before justices of the peace. Jurors on coroner's inquest shall ])e paid two dollars per day, without mileage, to be paid out of the count^^ treasury. TO PRINTERS AND TUBLISHERS. The act of April 15th, 1876, provides : For publishing in a news- paper any advertisement, notice or citation required by law, or the order of any court, to be published, one and a half cent a word for the first insertion, and one-half a cent a word for each subsequent insertion, and no more, to be paid for on proof and delivery of the publication made as now required by law. Sec. 821, Revised Code 1871, provides: The printer, publisher, clerk, or superintendent making proof shall be allowed the sum of one dollar for making a cop}- of such publication, and for his attend- ance with the newspapers to compare and depose to the same ; and the officer taking the same shall be allowed fifty cents for adminis- tering said oath or alHrmation, and certifying to the same. Sec. 1699, Revised Code 1871, allows publishers for advertising sale of delinquent tax lands, three weeks, fifteen cents for each legal subdivision, which fee shall be ciiarged by the collector in the bill of costs, and collected by him for the use of the publisher. The Public Printer is allowed, for all advertisements on account of the state, 60 cents per square of ten minion lines, first insertion, and 40 cents per square two additional insertions. OFFICERS TAKING DEFOSITIONS. For administering oath and certificate of the same 50 Writing or copying the deposition, if reciuired to do so, for each hundred words 20 TO REFEREES. Referees or auditors, to whom civil causes are referred, shall be •U2 Fees of Offieers. shall be allowed three dollars for each da}- actually occupied in the service, to be ascertained by their report, and taxed in the cost. TO COUNTY ASSESSORS. On the aggregate amount of the state taxes as assessed by him and entered upon the assessment rolls of the county, to be paid^n the filing of said rolls, three per cent. ; upon all other levies predi- cated on tax assessed by him, state, school tax, or county levies, to ])e paid when the levy is made, two per centum; but this shall not apply to levies made by the county supervisors to pay installments on interest on any description of bonded debt of the counties, nor upon taxes assessed for levee purposes, upon all of which no com mission shall be allowed to the assessor. The allowance for the assessment of the state taxes shall be paid to the assessor by war- rant, drawn by the Auditor upon the Treasurer of the state, on re- ceipt of a copy of the rolls, duly certified to bv the clerk of the Board of supervisors, as now prescribed by law. The allowance due assessors upon county levies shall be pai(4 to him b}' warrant; and drawn in proportional amounts against the respective county funds, by the clerk of the board of supervisors, upon order of the board, when the claim of the assessor has been duly examined and allowed; 2)'''ovided, that no assessor shall receive a smaller compensation for completing the assessment than two hundred dollars, nor more than fifteen hundred dollars; and if the assessor's commissions do not amount to two liundred dollars, the deficit shall be paid, one-half out of the state treasury- and one-half out of the county treasury-. The Revenue Act 1876, sec. 15, allows the assessor a fee of fifty cents, payable by all persons delinquent in returning tax lists within tlielime prescribed, subject to the condition in sec. 7, Reve- nue Act 1877, that the taxpayer make oath that he did not have notice, or was absent, sick, etc. Sec. 4, p. 37, Acts 1877, requires that the assessors shall, in 1877, and biennially thereatter, enumerate the educable children in their respective counties, and make out two alphabetical lists thereof, giving name, age, sex and color of each educable child, which list shall be verified by the attached oath of the assessor^niaking the same, and file one with the state and the other with the county su- perintendent by the first day of November of the year in which they are made, and for the services required of him in this section, the said assessor shall receive 1^ cents per capita for the children so enumerated and listed, to be allowed by the l3oard of supervisors and paid out of tlie school funds of their respective counties. The Auditor of Public Accounts and the clerks of the boards of supervisors of the several counties of the state are prohibited from drawing their warrants for more than 50 per cent, of the amount of commissions due any assessor for assessing the persons and prop- erty in his county, I'or the year in which such enumeration ot the educaljle children is required to be made, until after such assessor has produced the certificates of the said state and county superin- Fees of Officers. 343 tendcnts, or furnisliod other satisfactory evidence of the filing with them of the lists provided for as above. Sec. 5. Be it furtlier enacted, That the fees herein-before men- tioned shall be taxed and allowed in the bill of cost in all suits or actions where the services respectively shall have been rendered ; but no more than one copy of any matter shall be allowed in the bill of cost; and if any plaintiff or defendant, his or her attorney, shall take out copies of his or her own declaration or pleadings, or of his or her own paper in an}^ cause, or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of cost, although such party recover. Sec. 7. Be it further enacted. That none of the le(!S herein-before mentioned shall be })ayable by any person until there be produced to the person chargeable with the same, a bill or account, in writing, containing the particulars of such fees, signed by the clerk or otli- cer, in which said bill or account shall be intelligibly expressed every fee for which mone}- shall be demanded ; and if an}'' such fees shall be or have been paid without the production of such bill, the party pa3'ing the same shall at all times be entith'd to demand and receive from the officer receiving the same, a copy thereof, without charge. Sec. S. Be it further enacted, That it shall be lawful for the clerks of the several courts of this state respectively, when suits or causes are determined, and the fees not paid b\' the party from whom they are due, to make out executions, directed to the sheriff or other proper officer of the county where the party resides ; and tne sheriif or other proper officer shall execute and return such execution as in other cases ; and to ever}' execution shall be annexed a copy of the bill of costs, specifying the particular items thereof, in intelli- gible words and figures ; and all such executions issuing without the copy of the bill of cost as aforesaid, shall be deemed illegal, and no sheriff or other officer shall serve or execute the same. Sec. 9. Be it further enacted, That on all executions in which any costs are included, a detailed statement of such fees or costs shall be entered in plain and intelligible words and figures, and the sheriff or other officer receiving the same shall add thereto, in like manner, his fees, including all additional fees and costs, and shall make out a fair copy ol the same, and deliver it on demand to the person from whom he receives the money, or out of whose property he makes the same. Sec. 10. Be it further enacted. That if any of said clerks shall neglect or refuse to make out and deliver to the person applying for the same, a certified copy of any i)aper, record, judgment, decree, or entry, on file, lodged, or remaining in his said office, when the same sliall be demanded, he shall be deemed guilty of a high mis- demeanor in oflice, and shall forfeit, for every such neglect or re- fusal, to the party aggrieved thereby, the sum of five hundred dol- lars, to be recovered by action of debt, in any of the circuit courts of this state, and shall be liable to indictment for every such neglect or refusal, and upon conviction under such indictment, shall be fined 344 Fees of Officers. in a sum not exceeding one tliousand dollars, and imprisonod for a term not exceeding tliree montiis. Sec. 11. Be it furtlier enacted, That the cost accruing upon suits, in any of tlie courts of this state, sliall not be due until final deter- mination of said suits, and shall then be adjudged to the successful party, and collected by execution ; Provided, That the judges shall liave power to order and adjudge cost and give decrees and judg- ments thereon, in the progress of suits, as heretofore practised in said courts. Sec. 12. Be it further enacted, That it shall be the duty of the judges of the several circuit and chancery courts of this state, to require of the clerks thereof, to combine, in one decree, as many interrogatory or other orders, as can be lawfully and conveniently done, with a view to prevent the increase of cost, and on application of any party, in term time or vacation, to correct any bill of cost as cliarged and made out by such clerk. Sec. 13. Be it further'enacted, That it shall be the duty of the clerks of the circuit and chancery courts, and of the sheriff of each county, to post, in a conspicuous place in his office, a printed copy of the bill of fees he is entitled to receive under the provisions of this :ict; and, for a failure to post said bill, as required by this act, shall be deemed guilty of a misdemeanor in office, and liable to in- dictment by the grand jury of his county. Sec. 14. Be itfurther enacted. That if any sheriff, clerk, justice, coroner, constable, assessor, collector, or any other officer, shall, knowingly, demand, take, or receive, under color of his office, any money, fee, or reward, whatever, not authorized by this act, or shall demand and receive, knowingly, any fees not enumerated in this act, such officer, so oftending, shall be deemed guilty of extortion, and shall be punished according to law. THE COURTS. SUPREME COVET OF MISSISSIPPI. Judges — II. F. Simrall, Chief Jusliee ; H. II. Chalmers, J. A. V. Campbell, Associate Jusiices. Clerk — A. W. Little. Docket of First District taken up oil Monday in October ; Second District, 3d Monday in February ; Tliird District, 1st Monday in January. First District — Warren, Hinds, Rankin, Scott, Newton, Lauderdale, Kemper, Neshoba, Leake, Madison, Yazoo, Issaquena, Washing- ton, Sharke}', Bolivar, Sunflower, Holmes, Attala, Winston, and • Noxubee. Second District— Claiborne, Copiah, Simpson, Smith, Jasjjer, Clarke, Wayne, Covington, Jones, Perry, Greene, Pearl, Marion. Hancock, Jackson, Harrison, Adams, Jefferson, Amite, Wilkinson. Lawrence, Pike, P'ranklin, and Lincoln. Third District — Lafayette, Lowndes, Clay, Oktibbelia, Clioctaw, Sumner, Carroll, Montgomery, Leflore, Tallahatchie, Calhoun, Yalobusha, Chickasaw, lUonroe, Itawamba, Pontotoc, Lee, Panola, Coahoma, Tunica, Quitman. DeSoto, Tate, Marshall, Tippah. Tishomingo, Prentiss, Alcorn, Grenada, Benton, and Union. FEDERAL COURTS, UNITED STATES CIECUIT COURT. The regular terms are held in Jackson on the first Mondays in May and November. Judge — Pobert A. Hill. Clerk — George T. Swann. DISTRICT COURT OF THE UNITED STATES. Session commences for the Northern District, at Oxford, on the first Monday in June and December. Judge — Eobcrt A. Hill. Clerk — George A. Hill. Session commences for the Southern District, at Jackson, on the fourth iMondays of June and January. Clkrk — Archie INIcGehce. 346 The Courts. CIRCUIT AND CHANCERY COURTS. (From Acts of 1876, as amended by Acts of 1877.) FIRST DISTRICT— Circuit Courts. Tishomino'O — 2d Monday January and July — 6 days. Alcorn — 3d Monday January and July — 12 days. Prentiss — 1st Monday February and August — 12 days. Lee — 3d Monday February and August — 18 days. Itawamba — 2d Monday March and September — 6 days. Chickasaw, 1st District — od Monday March and September — 12 days. Chickasaw, 2d District — 1st Monday April and October — 18 days. Monroe — 2d Monday June and 1st Monday November — 24 days. FIRST DISTRICT— Chancery Courts. Tishomingo — 4th Monday March and September — 6 days. Alcorn — 2d Monday April and October — 12 days. Prentiss — 1st Monday April and October — days. Lee — 1st Monday May and November — 12 days. Itawamba — 4th Monday April and October — 6 days. Chickasaw, 1st District — 3d Monday May and November — 6 days. Chickasaw, 2d District — 4th Monday May and November — 12 days. Monroe — 1st MondaN- March and September — 18 days, SECOND DISTRICT -Circuit Courts. Pontotoc — 1st Monday Februaiy and August — 12 days. Union — 3d Monday February and August — 12 days. Tippah — 1st Monday March and September — 12 da^'s. Benton — 3d Monday March and September — 12 da3'S. Marshall — 1st Monday April and October — 24 days. Lafayette — 1st JMonday May and November — 12 days. Yalobusha, 1st District — 3"d Monday May and November — 12 days. Yalobusha, 2d District — 1st Monday June and December — 12 days. Calhoun — 3d Monday June and December — 12 days. SECOND DISTRICT- Chancery Courts. Pontotoc — 1st Monday March and September — 12 days. Union — 1st Monday May and November — 6 days, Tippah — 2d Monday May and November — 12 days, Benton — 4tli Monday May and November — 6 days. Marshall — 4th Monday Januar}- and July — 18 days. Lafayette — 2d Monda_y April and October — G days. Yalobusha, IstDist. — 4th Monday March and September — 6 days. Yalobusha, 2d Dist. — 1st Monday April and October — 6 days. Calhoun— 3d Monday March and September — 6 days. The Courts. * 317 THIRD DISTRICT— CiucL-iT Colkts. Tunica — 1st Monday March and September —12 days, DeSoto — 3d iMonday Marcli and Se[)teml)ei- — 18 days. Tate — 2d jMondaN' after 4tli Monday March and September — 12 days. Pauola — 4lh iMt)ii(lav after 4th ^londay 3Iare-h and September — 18 days. Tallahatchie — 7th Monday after 4th ]\[onday ^larch and Sei)tem- ber — 12 days. Grenada — 'Jth jMonchiv after 4th ^Nlonda}' March and September — 12 days. Quitman — 11th Monday after 4th Monday March and September — 6 days. TPIIRD DISTRICT— Chancery Courts. Tunica — 1st Monda}^ after 4th Monda}- March and September — 12 days. DeSoto — 3d Monday after 4th I\Iondav 3Iarch and September — 18 days. Tate — 6th Monday after 4th ilonday ^Iiirch :ind September — 12 days. Panola — 8th Monday after 4th Monday March and September — 18 days. Tallahatchie — 3d Monday March and September — 12 days. Grenada — 1st jMonday March and September — 12 days, Quitman — 12th Monday alter the 4th Monday March and Sep- tember — 6 days. FOURTH DISTRICT— Circuit Court. Coahoma — 2d Monday September and March — 12 days. Washington — 2d iMonday October and April — 24 days. lioliyar — 4th Monday September and March — 12 days. Issaquena — 4tli Monday November and Ma}' — 12 days. Sharkey — 3d JNIonda}' November and May — 6 da3?'S. Sunflower — 2d Monday November and Ma^- — 6 days. FOURTH DISTRICT— Chancery Courts. Coahoma — 4th Monda}' October and April — 12 days. Washington — 4th Monday November and May — 18 days. Bolivar — 2d Monday November and May — 12 da^-s. Issaquena — 3d Monday October and April — 6 da3'S. Sharkey — 2d Monday October and April — 6 days. Sunflower — 1st Monday April and October — 6 days. FIFTH DISTRICT— Circuit Court. Sumner — 3d ^Monday January and August — 12 days. Choctaw — 1st Monday February and September — 12 days. Montgomery — 3d IMonday February and September — 12 days. Attala— 2d Monday March and October— 12 days. Holmes — 4th Monday March and October — 24 days. Carroll, 1st Dist. — 2d Monday May and November — 12 days. Carroll, 2d Dist. — 4th Monday May and November — G days. Leflore — 2d Monday June and December. — 12 days 318 The Courts. FIFTH DISTRICT— Chancery Courts. Sumner — 3d Monday March and October — 6 days. Choctaw — 4th Mondays March and October — 6 days. Montgomery — 2d Monday March and October — 6 days. Attala — 3d Monday February and September — 12 days. Holmes — 1st Monday February and September — 12 days. Carroll, 1st Dist. — 1st Mondays April and November — 6 days. Carroll, 2d Dist. — 2d Mondays April and November — 6 days . Leflore — 4th Monday January and August — 6 days. SIXTH DISTRICT—CiRCDiT Courts. Noxubee — 3d Monday February and August — 24 days. Clay — 3d Monday March and September — 24 da^'S. Lowndes — 3d Monda}^ April and October — 24 days. Oktibbeha — od Monday May and November — 18 days. Winston — 3d Monday January' and Juh' — 12 days. SIXTH district—Chancery Courts. Noxubee — 2d Monday April and October — 12 days. Clay — 2d Monda}^ June and December — 18 days. Lowndes — 3d Monday May and November — 18 days. Oktibbeha — 1st Monday' Februar}' and August — 12 days. Winston — 4th Monday April and October — 12 days. SEVENTH DISTRICT— Circuit Courts. Lauderdale — 2d Monday February and August — 18 days. Kemper — lat INIonday March and September — 12 da^-s. Clarke — 3d Monday March and September — 12 days. Wayne — 1st Monday April and October — 6 days. Greene — 2d Monday April and October — C days. Jackson — 3d Monda}' April and October — 6 days. Harrison — 4th Monday April and October — 6 days. Hancock — 1st Monday May 'and November — 6 da3'S. Pearl — 2d Monday May and November — 6 days. Marion — 3d Monday May and November — 6 days. Perry — 4th Monday May and November — 6 days. SEVENTH DISTRICT— Chancery Courts. Lauderdale — 3d Monday May and November — 12 days. Kemper — 2d Monda}^ May and November — 6 da3-s. Clarke — 1st Monday May and November — 6 days. Wayne — 4th Monday after 4th Monday March and September- 6 days. Greene — 3d ^Nlonda}- after 4th Monday March and September- 6 days. Jackson — 1st Monday March and September — C days. The Cojtrts. U9 Harrison — 2J Monday 31 arch and Scpioniber — da vs. Hancock — 3d Monday INIarcli and November — 6 daN-s, Pearl — 4th Monday March and September — 6 daysf Marion — 1st INIonday after the 4th Monday Marcli and September — 6 days. Perr}' — 2d JMonday after 4th Monday .Marcli and September — G days. EIGHTH DISTRICT— Circuit Court. Raukhi — 2d Monday Febrnary and August — 18 days. Leake — 1st Monday Marcli and September — 6 days. Neshoba — 2d Monday March and September — 6 days. Newton — 3d IMonday March and Septeni!)ei' — 6 days. Jasper — 4th Monday Mai-cli and Septembei- — G days. Scott — 1st Monday April and October — G days. Smith — 2d Monday April and October — G days. Simpson — 3d Monday April and October — 6 days. Covington — 1st Monday May and November — 6 days. Jones — 2d Monday May and November — 6 days. Lawrence — 4th Monday jMa}' and November — 6 daj's. EIGHTH DISTRICT— Circuit Courts. Rankin — 2d Monday jNIarch and September — 12 days. Leake — 4th jMonday May and November — 6 days. Neshoba — 3d Monda^^ May and November — G days. Newton — 2d Monday May and November — G days. Jasper — 4tli Monday April and October — 6 days. Scott — 1st Monday May and November — 6 da^-s. Smith — 3d Monday April and October — G days. Simpson — 3d Monday March and September — G days. Covington — 1st Monday April and October — 6 days. Jones — 2d Monday April and October — G days. Lawrence — 4th Monda}' March and September — G days. NINTH DISTRICT— Circuit Courts. Hinds, 1st Dist. — 4th Monday June and December — 30 days. Hinds, 2d Dist. — 3d Monday August and February — 24 days. Copiah — 4tli Monday A]M'il and October — 24 days. Madison— 4th IMonday March and September — 24 days. Yazoo — 4th jMonday May and November — 24 days. NINTH DISTRICT— Chancery Courts. Hinds, 1st Dist, — 4th Monday March and Septsmber — 18 days. Hinds, 2d Dist.— 1st Monday January and July — 18 days. Copiah — 1st Monday March and September — 18 days. Madison — 4th Monday January and July — 24 da3-s. Yazoo — 2d Monday April and October — 24 days. 350 Bonds of Public Officers. TENTH DISTRICT— CrucuiT . Courts. Lincoln — 4tii Mouda}- January and Jul}' — 18 days. Pike — 3d Monday Februaiy and August — 18 days. Amite — 2d IMonday IMarch and September — 12 days. Franklin — 4lli jMonday March and Septeinber--12 days. Wilkinson — 2d Monday after 4th Monday March and September — 12 days. Adams — 4th 3Iondav after 4l1i Monday March and September — 18 days. Jefferson — 7th Monday- after 4th Monday March and September —12 days. Claiborne — 9th Monday after 4th Monday March and September — 12 da^'s. TENTH DISTRICT— Chancery Courts. Lincoln — 4th Monday June and December — 12 days. Pike — 2d Monday June and December — 12 days. Amite — 3d Monday May and November — 12 days. " Franklin — 2d Monday' May and November — G days. Wilkinson — 4th Monday April and October — 12 days. Adams — 4th Monday March and September — 18 days. Jefferson — 2d Monday March and September — 12 daj-s. Claiborne — 2d Monday January and July — 12 days. ELEVENTH DISTRICT— Circuit Court. Warren — 1st Monday January, April, October — 4 weeks. ELEVENTH DISTRICT— Chancery Court. Warren — 1st Monday February, May, November — 4 weeks. BONDS OF PUBLIC OFFICERS. Auditor Public Accounts (Code 1871, S 128) $30,000 State Treasurer (Code 1871, § 150) 80,000 Secretary of State (Code 1871, § 117) 3,000 Superintendent Public Educatio'^n (Code 1871, § 2001) 20,000 Superintendent of Penitentiary (Acts 1872, p. 71) 30,000 Keeper of the Capitol (Code 1871. § 187) 3,000 Public Printer (Code 1871, § 166) 20,000 Clerk Supreme Court (Code 1871, § 427) 5,000 Commissioner of Immigration (Acts 1873, p. 103) . . 10,000 Commissioner of Swamp Lands (Acts 1877, p. 33) 10,000 Lessees Penitentiary 100,000 Sheriffs (see Revised Code 1871, § 219). Congressional DistTicts. 351 ^j^ •Coroner (Code 1871, .^ 24-1) 2,000 Justice of the Peace (Code 1S71, § 1298) 2,000 Notaries Public (Acts 1872, p. 147) 2,000 Circuit Cleric (Code 1871, § 550) 10,000 Chancery Clerk (Code 1871, § 990), not less than $5,000, nor more than 10,000 (To be lixed by Chancellor approving bond.) County Treasurer (Code 1871, § 261), to be lixed by Super- visors, and to cover amount likely to come into'his hands in any one year. Countv'^Surveyor (Code 1871, § 272) 500 Constable (Code 1871, §278). . 1,000 Ranger (Code 1871, § 287) 500 County Superintendents Public Education (Acts 1872, § 2), not less than §2,000, nor more than S5,000, to be lixed l)y Supervisors. Supervisors, in a sum equal to one and one-half per cent, on all the property assessed and levied upon the county the year last preceding their qualilication (Acts 1876, p. 4(3). -State Board of Education — consists of State Superintendent, Secretary of State and Attorney-General, and each gives a bond of 20,000 CONGRESSIONAL DISTRICTS. (As re-organized under Act of March 18, 1876.) First District — Tishomingo, Alcorn, Prentiss, Pontotoc, Lee, Itawamba, INIonroe, Chickasaw, Cla}^ Oktibbeha, Lowndes. Second — Tippah, Union, Benton, Marshall, Lafayette, Yalobusha, DeSoto, Tate, Panola, Tallahatchie. Third — Leflore, Sunflower, Grenada, Carroll, Montgomery, Cal- houn, Sumner, Choctaw, Winston, Noxubee, Kemper, Neshoba, At- tala. Fourth — Holmes, Madison, Yazoo, Leake, Scott, Newton, Lau- derdale, Smith, Jasper, Clarke, Wayne, Jones. Fifth — Hinds, Rankin, Copiah, Simpson, Covington, Lawrence, Amite, Franklin, Pike, Lincoln, Clarion, Pearl, Hancock, Perry, Greene, Harrison, Jackson. Sixth — Tunica, Coahoma, Quitman, Bolivar, "Washington, Issa- quena, Sharkey, Warren, Claiborne, Jefferson, Adams, Wilkinson. House of Representatives. HOUSE OF EEPEESENTATIVES. COUNTIES. MEMBERS. COUNTIES. MEMBERS. Adams 3 Alconi 1 Amite 1 Attala 2 Benton 1 Bolivar - Calhoun i Carroll 2 Chickasaw 2 Choctaw 1 Claiborne 2 Clarke 1 Coahoma 1 Copiah 2 Covington ] Clay 1 DelSoto 3 Franklin 1 Greene 1 Grenada 1 Hancock and Pearl 1 Harrison 1 Hinds 4 Holmes 3 Issaquena 1 Itawamba 1 Jackson 1 Jasper 1 Jefferson 2 Jones 1 Kemper 1 Lafayette 2 Lauderdale 2 Lawrence 1 Leake 1 Lee 2 Lincoln 1 Lowndes '> Leflore 1 Madison -> ^Marion 1 Total Marshall 4 Monroe 3 Montgomery 1 Neshoba 1 Newton 1 Noxubee 3 Oktibbeha 2 Panola. 3 Perry 1 Pike 1 Pontotoc 1 Prentiss 1 Kankin 2 Scott 1 Sharkey 1 Simpson 1 Smith 1 Sumner 1 Sunflower 1 Tallahatchie 1 Tippah 1 Tishomingo 1 Tunica and Quitman 1 Tate 2 Union 1 Warren 4 Washington 2 Wayne 1 Wilkinson 2 Winston 1 Yalobusha 1 Yazoo • 3 FLOATERS. Amite and Lincoln 1 Alcorn and Prentiss 1 Choctaw and Montgomery. . . 1 Yalobusha and Calhoun 1 Pontotoc and Union 1 120 Senatorial Blstricfs. 3515 SENATORIAL DISTEICTS. XO. OF SENATORS. First District — Hancock, Ilanisou, Jackson, Greene, Marion, Peaii and Perry 1 Sec.jnd — Wilkinson and Amite 2 Third — Pike, Lincoln and Lawrence 1 Fourth— Adams „• 1 Fifth — Jetferson and Franklin 1 Sixth — Copiah and Claiborne 1 Seventh — Warren ^ Eighth — Wayne. Jones, Covington, Simpson and Smith 1 Ninth — Jasper, Scott and Newton 1 Tenth — Clarke and Lauderdale 1 Eleventh — Rankin and Hinds '• 1 Twelfth — Madison 1 Thirteenth — Yazoo 1 Fourteenth — Holuies 1 Fifteenth — Leake and AUala 1 Sixteenth — Winston, Choctaw and Sumner ^ 1 Seventeenth — Noxubee, Kemper and Neshoba 2 Eighteenth — Lowndes, Oktibbeha and Clay 1 Nineteenth — Calhoun and Yalobusha 1 Twentieth — Lafayette and Pontotoc 1 Twenty-First — Lee and Itawamba 1 Twenty-Second — Alcorn, Tishomingo and Prentiss •. . . 1 Twenty-Third — Union, Tippah and Benton 1 Twenty-P'ourth — Monroe and Chickasaw ^ Twenty-Fifth — Marshall 1 Twenty- Sixth — Panola 1 Twenty-Seventh — DeSoto, Tate and Tunica 2 Twenty-Eighth — Coahoma, Bolivar and Quitman 1 Twenty-Ninth — Washington, Issaquena and Sharkey 1 Thirtieih — Sunflower, Tallahatchie and Grenada 1 Tiurty-Fihst— Carroll, Letiore and Montgomery 1 Total 36 'Zo 35i Vote of Mississippi. THE VOTE OF MISSISSIPPI-1873-1875-1876. STATE TREAS- URER. 1878. STATE TREAS- URER. 1875. PRESIDENTIAL ELECTORS. 1870. COUNTIES. O CO 3 g re- P t: 2616 539 1095 1210 293 1920 205 126- 887 281 496 1225 234 1861 308 659 1566 542 59 983 257 290 2321 12.54 2044 30 312 835 1547 4 418 1661 1256 597 617 183 980 2021 5 o "Z o ■ J" Adams Alcorn Amite 2066 397 108C 1130 503 813 42 1082 1463 395 1880 1123 1295 1714 229 1559 1950 385 57 1152 242 312 3489 2285 998 3G1 ; 1423 407 ; 1249 923 103 1255 946 976 544 39 582 294 1576 355 41 622 513 80 543 345 460 1184 578 45 1073 605 468 58 15G 781 1651 1491! 57 688 1162 488 680 793 1806 1189 1840 1047 348 1563 1811 1778 778 1049 1289 509 243 s 633 1737 2400 747 303 1230 492 760 2836 2291 266 980 778 1163 678 414 1339 2070 1977 797 1182 2423 1317 2137 1626 1606 1471 1972 1150 1296 1796 1995 1892 968 1501 1451 789 2611 620 2951 2546 919 381 1291 547 758 4502 2614 788 1410 887 1321 1547 342 1597 2474 2030 847 1473 2731 1277 2073 2324 663 73 Attala 1071 Benton 754 Bolivar 2089 Calhonn 166 Carroll 1017 Chickasaw 1005 Choctaw 153 Claiborne 423 Clarke Coahoma 797 1446 Copiah 1642 Covin o"ton 283 Clay 818 DcvSoto 1669 Franklin 439 Greene 58 Grenada 636 Hancock 309 Harrison 297 Hinds 1475 Holmes 1151 969 Itawamba. 41 Jackson 322 627 1294 33 1229 1355 1399 9 555 715 872 2725 343 Jasper 699 Jefferson 419 Jones 14 Ivemper 904 Lafayette 1532 Lauderdale 596 Lawrence 628 Leake 442 Lee 206 Lincoln .. , Lowndes 875 2 Vote of Mississippi. *^ij5 THE VOTE OF MISSISSIPPI-1873-1875-1876-Contin-Licd. COUNTIES. Leflore Madison Marion ]\[arshall Monroe jNIontgoraery Ncslioba Newton Noxubee Oktibbeha.... Panola Perry Pike Pontotoc Prentiss Pearl Rankin Scott Simpson Kharkey Smith Sumner , Sunflower Tallahatchie. Tipixili Ti.shoraingo.. Tunica , Tate ITnion Warren Washington.. Wayne Wilkinson .... Winston Yalobusha.... Yazoo Total IMajority.. Total vote. STATIC TKEAS- UKKK. 187^5. STATE TREA8- UKEH. 1875. PRESIDENTIAL ELECTOKS. 1876. ^^ 728, 2331 21G 312G 2007 923 108 23? 2378 1233 2939 6 870 474 2ib 1 1079 344 285 20 421 812 291 67 720 1338 481 1572 1829 253 1407 54 938 2427 GSli :i99 o r; o 1009 781 5 1506 844 1211 473 2^5 76 G87i 1203 411 a^ 2 216 424 354 1488 197 487 1998 3186 1837 2613 940 1291 135 1002 549 1420 103 1383 44 730 1485 2968 48 36J 892 1393 1292 144- 1202 1857 102 133 1028 1672 723 1138 496 737 1149 799 34( 1239 1468 1352 141 1973 1204 3606 2043 586 400 908 168' 4014 5 '^ ■ Vj 1334 1357 698 2587 1473 13 214 458 240 2856 3278 3050 1546 2793 1897 763 1514 451 136 1106 119 432 1642 302 1082 1628 14.9 1598 1373 1023 2400 2790 2517 36 332 31 1200 1524 875 464 1635 561 71 1881 163 7 182 11 1028 1789 788 490 1383 49 332 788 341 591 92 44 1115 10 342 987 410 378 529 239 969 1U4 1 26>: 1559 327 12 1282 30 1165 229 1398 1495 1947 1508 397 1611 398 2042 2036 623 1638 2901 1598 363 622 464 1808 1262 1425 377 1173 303 941 1904 861 7 3674 2 67.171 109,430 53,234 way's m a 1 31,544 majorit v 56,196 :)5<3 Vote of Mississippi. VOTE OF MISSISSIPPI, 1876— BY CON&BESSIONAL DISTRICTS. FIRST DISTRICT. Counties. H. L. Muldrow, Dem. J. W. Lee, Rep. Alcorn 1605 661 Chickasaw 1894 1005 Clay 1948 816 Itawamba 1396 44 Lee 2724 208 Lowndes 2074 2 Monroe 2765 1915 OkLibbeha 1:^99 993 Pontotoc 1633 565 Prentiss 11177 181 Tishomingo 1282 30 Totals 20,597 5,420 SECOND CONGRESSIONAL DISTRICT. Counties. Van H. Manning, Dem. Tnos. Walton, Rep. Benton 1147 754 DeSoto 2542 1661 Lafayette 2463 1538 Marshall 3256 3036 Panola 278G 2518 Tallahatchie 1145 1 Tate 1947 1499 Tippah 1554 329 Union 1608 391 Yalobusha 1S81 S62 Totals 20,329 12,589 THIRD CONGRESSIONAL DISTRICT. Counties. H. D. ]Money, Dem. W. W. Chisholm, Rep. Attala 1977 975 Calhoun 1801 117 Carroll 2008 996 Choctaw 968 155 Grenada W^l 625 Kemper 1573 890 Leflore....* 1367 696 ^lonto'omery 1545 415 Neshoba..." 1106 119 Noxubee 1632 1405 8un(lower 523 231 Winston 1177 287 Huraner 9S9 408 Totals 17,955 7,320 Vote of Mississippi. 357 FOUltTir CON(JKESSIOXAL DISTRICT. Counties. (). K, Singleton, Dem. W. 31. Hancock, Kep. Clarke 1443 80.') Holmes 2G12 1149 Jasper.... 1314 704 Jones 838 18 Lauderdale 2039 587 Leake 1474 441 Madison 146() 10 Newton 1G42 300 8cott 1388 49 Smith 1115 Wayne G21 464 Yazoo 3(J78 2 Totals 10,130 4,529 FIFTH CONGRESSIONAL DISTRICT. Counties. C. E. Hooker, Dem. M. Shaughnessey, Rep. Amite 1477 73 Copiah :iG15 1639 Covino-ton 623 281 Franklin 921 438 Greene 380 58 Hancock 547 304 Harrison 752 301 Hinds 4416 • 1473 Jackson 890 340 Lawrence 852 621 Lincoln 1280 8G6 Marion 458 240 Pearl 182 11 Perry. 339 24 Pike 1536 862 Eankin 1800 776 Simpson 790 339 Totals 19,858 " 8,646 SIXTH CONGRESSIONAL DISTRICT. Counties. J. E. Chalmers, Dem. J. E. Lynch, Rep. Adams 1684 2265 Bolivar 1298 2073 Claiborne 1498 426 Issaquena 938 " 722 Jerterson 1545 420 Sharkey 591 91 Tunica.. 958 381 Warren 2043 615 Washino-ton 2905 1 591 Wilkinson 1255 1432 Totals 15,988 11,188 358 Postoffices in Mississippi. ALPHABETICAL LIST OF POST OFFICES IN MISSISSIPPI. [ The names of places in italic indicate county sites.] POST OFFICE. COUNTY. POST OFFICE. COUNTY. _ _ j Abbeville Lafayette. Black -Hawk Carroll. Aberdeen Monroe. Black Jack Benton. Ada Choctaw. Blackmonton Carroll, Adamsville Greene. Blue Mountain Tippah. Aii' Mount Yalobusha. Bogue Chitto... Lincoln. Alexander Issaquena. Boland's Itawamba. Alexis, Tunica. Bolton's Depot Hinds. Allen's Store Tishomingo. Booneville Pi-entiss. Allgood's Mill Noxubee. Bovina Warren, Aiuericus Jackson. Bradle}' Oktibbeha. Antioch Alcorn. Brandon Rankin. Appleton Harrison. Bridgeport Simpson. Ai'eola..., Washington, llrookhaven Lincoln. Ai'kabutla Tate. Brooks Landing Claiborne. Ai'tesia , Lowndes, Brooksville Noxubee. Ash Creek Oktibbeha. Brownsville Hinds. Ashland Benton. Brunswick Warren. A.tlanta Chickasaw. Bucatnnna Wayne. A^uburn .Hinds. Buck Creek Greene. Augusta Perry, Buena Vista Chickasaw. Austin Tunica. Bunckle}^ Franklin. Australia Bolivar, Bumcombe Union. Baldwyn Lee. Bunker Hill Smith. Baloil ^Marshall. Burnsville Tishomingo. Bankston Choctaw. Burnt Mills Tishomingo. Banner Calhoun. Burton's Tishomingo, Batesville Panola, Bn rton ton Copiah, Bay Saint Louis Hancock, Byhalia Marshall. Bay S[)rings Tishomingo. By ram Hinds. Bear Creek Hinds. Cadaretta Sumner, Beech Springs Neshoba, Caledonia ; Lowndes, Beauregaid Copiah. Calhoun Madison. Bellefontaine Sumner, Calvert's Store Kemper. Belmont Tishomingo. Camden Madison. Belan Quitman. Campbell Switch Alcorn. Benela Calhoun, Canaan Benton. Benton Yazoo. Canton Madison. Bethlehem Marahall. Cardsville Itawamba. Beulah Bolivar. Carolina Issaquena. Bigb V Fork Ilawam ba. Carrollton Carroll . Big Creek Calhoun. Carson's Landing Bolivar. Big Springs Clay. Cartersville Tishomingo. Biloxi Harrison. Carthage Lea'ke. Postoffices in Mississippi. 359 Alphabetical List of Post Offices in Mississippi— Contimied- "[ Tlie names of places in itdllc indicate county sites.] POST OFFICE. COUNTY, Case3'villc Lincoln. Caswell Lafayette. Cato Rankin. Cayuga Hinds. Cedar Bhill Clay. Cedar Grove Pontotoc. Cedar Tree Chocta^v. Center Point Tallahatchie. Central Academy Panola. Centre Attala. Centreville Amite. Chapel Hill Ilinds. Charleston — Tallahatchie. Chastain. Itawamba, Chatawa Pike. Cherry Creek Pon totoe. Cherry Hill Calhoun. Chester Choctaw. Chestervil le Lee. Chewalla Mills :Nrarshall. Chew's Landing Holmes. China Grove Pike. Choctaw Agency Oktibbeha. Chulahoma Marshall. Ch un key Newton . Church Hill Jefferson. Claiborne Jas[)er. Clarksdale Coahoma, Cla}' Clarion. Clinton Hinds. Cobb Switch Lowndes, Cockrum DeSoto. Coffadeliah Neshoba, Coffeeville Yalobush a. Cold Si)rings Vv'ilkinson, Cold Water ...Tate, Coleman Marsliall, Cole's Creek Calhoun. Columbia Marion. Coliivihus Lowndes. Commerce Tunica. Como Depot Panola. Conerly's Pike. POST OFFICE. COUNTY. Conway Leake. Coonewar Lee. Coopwood Winston . Corinth Alcorn. Cornersville, Benton, Corrona , Lee. Cotton Gin Port IMonroe, Cotto n Plan t. Ti ppali . Cotton Valley Calhoun. County Line Tallahatchie. Couparle City Madison. Courtland Panola. Crawfordville Lowndes. Creswell Jasper, Crevi Tallahatchie. Cross Roads Greene, Crystal Springs Copiah , Cumberland.* Sumner. Cushtusa Neshoba. Daleville Lauderdale. Dall as Lafayette. Damascus Scott. Danville Alcorn: Davisville , Jasper. Deasonville Yazoo. Decatu r Newton. DeKalb Kem pe r. DeLay Lafayette Del ta Coahoma Denmark Lafayette. DeSoto Clarke. De Soto Front DeSoto. Dido Choctaw. Dixon Neshoba. Dobsonville Smith. Double Springs Oktibbeha. Dover .Yazoo, Dowd's Landing Coahoma. Dry Grove., Hinds. Dry Run ; Prentiss. Dublin.... Coahoma. Duck Hill Montgomery. Dumas Tippah- 360 Postoffices in Mississippi. Alphabetical List of Post Offices in Mississippi— Continued. [The names of places in italic indicate county sites.] POST OFFICE. COUNTY. POST OFFICE. COUNTY. Duncansb}' Issaquena. Georgetown Copiah. Durant ., Holmes. Gholson Noxubee. Early Grove ^Marshall. Glencoe...'. Bolivar. Edinburgh Leake. Glenville Panola. P^dwards' Depot Hinds. Good Hope Leake. Egg's Point Washington. Goodman Holmes. Egypt Chickasaw. Goshen Springs Rankin. Elliott Grenada. Grand Gulf Claiborne. Elliott's Mills Panola. Gray's 31111 Holmes. Eilistown .Lee. Grays[)ort Grenada. EUisville Jones. Greensboro ugh Sumner. Energy Clark e. Greenville Wash ington . Ennis Store Oktibbeha. Greenwood Leflore. Enon Perry. Grenada Grenada. Enterprise Clarke. Gum Grove Landing Holmes. Erata Jones. Gum Ridge Jefi'erson. Esparaii za Pon totoc. Gun town Lee. Estill Washington. Hamilton Monroe. Etchehoma Jasper. Handsborough ILarrison. Eucu tta Wayne. Hardy Station Grenada. E udora DeSoto. Harpersville Scott. Eureka Lee. Harrison Station. ..Tallahatchie. Faisonia Sunflower. Harrisville Simpson. Falkner Tippah. Hashuqua. Noxubee. Fannin Rankin. Hays' Landing Issaquena. Fayette Jefferson. Hazel Dell Pi-entiss. Foarn's Springs Winston. Ilazlehurst Copiah. Flint Creek Harrison. Hebron Lawrence. Flower's Place Smith. Herbert Neshoba. Fordsville Clarion. Hernando DeSoto. Forest Scott. Hickory Newton. Forest Home Warren. Hickorv Flat Benton. Fort Adams Wilkinson. Hickory Plains Prentiss. Fort Stephens Kemper. High Hill Leake. Fredonia Union. Highland Tishomingo. F'rench Camps Choctaw. Hillsborough Scott. Friar's Point Coahoma. Hillside Tishomingo. Friendship Lincoln. Ilolhj Springs ^Marsiiall. Fulton.... Itawaml)a. Holmesville Pike. Gainesville Hancock. Homewood Scott. Gallraan Copiah. Hopewell Caliioun. Garlandville Jasper. Horn Lake DeSoto. Gai-ner Yalobusha. Houlka Chickasaw. Postoffices in Mississippi- 361 Alphabetical List of Post Offi«es in Mississippi— Continued. [ The n!\ines of places in itall: indicate county sites.] POST OFFICE. COUNTY. POST OFFICE. COUNTY. Houston Chickasaw. Lawrence Newton. Hudson Tunica. Law"s Hill Marshall. Iludsonville Marshall. Leaf Greene. Ilulberton Coahoma. Lealcesville Greene. Huntsville Mont Kus>fiiisko 21 Sallis U MISSISSIPPI AND TENNESSEE RAILROAD. STATIONS. MILES. STATIONS. MILES. From Grenada to — From Grenada to — Hardy 8 Senatobia 6'3 Garner 13 Coldwator 6i) Oakland 22 Love's 7:J Harrison 28 Hernando 78 Pope's.. 34 Nesbitt's 82 Courtland 3G Horn Lake 88 Batesville 41 Whitehaven 92 Sardis , 50 Mempiiis 100 Como 5G VICKSBURG AND MERIDIAN RAILROAD. STATIONS. MILES. STATIONS. MILES. From Vicksburg to — From Vicksburg to — Bovina ^ 10 Forest 90 Edwards 18 Lake 99 Bolton 27 Lawrence 105 Clinton 35 Newton 109 Jackson 44i Hickory 116 Brandon 58^ Chunky 122 Pelahatchie 70 Gnldeii Grove 129 Bolers lU Meridian 140 Morton 79 ALABAMA CENTRAL RAILROAD. (From Meridian to Selma.) STATIONS. MILES. STATIONS. MILFS, From Meridian to — From Meridian to — Russell's Coatopa 40 .V Tocmsuba lo McDowell's ol\ Cuba 20 Dcmopolis 57 York 2() Uniontown 77 Bennett's 33 Selma 109 Lee's 37 368 Railroads — Distances. MOBILE AND OHIO RAILROAD. ^^TATtO^S. MILES. STATIONS. MILES. From Mobile to From Mobile to — Toulminville S Sco'oba 176 Whistler 5 Wahalak 182| Kushla 11 Shuqulak 188^ Oak Grove 14^ Macon 198 Chunchula 18| Brooks ville 206 Beaver Meadow ''lh\ Crawford 211 Langdon 29 Artesia 219^ Citronelle 33 Columbus 233 Deer Park 43^ Mayhew 224 Escatawpa 50J Tibbee 227 Brushy Creek, (Alabama). . . 54^ West Point 232^ StateLine, (Mississippi) ... ()2ii Muldon 241 Buckatunna 71 Prairie 24-5^ Winchester 77-,^ EgTPt 253^ Wovnesboro'. . . . 82.V Okolona 26U iW Bluff 93 Shannon 269 Shubuta 96^ Verona 274^ DeSoto 104| Tupelo 279 (Quitman 109 Saltillo 287^ Enterprise 120 Guntowu 292 Okatibbee 129| Baldwyn 297 Meridian 134f Booneville 308^ Marion 140 Rienzi 316^ Lockhart 146| Corinth 329 Lauderdale 153| Jackson, (Tennessee) 386 Tamola 158 Humboldt.. 403 Gainesville Junction 163^ Union City 446 Sucarnochee 168| Columbus, (Kentucky) 472 ABERDEEN BRANCH— Op Mobile and Ohio Railroad. STATION. MILES. STATION. MILES From ]^.luldon to— From Muldon to— Sykes.' 4 Aberdeen 9 COLUMBUS BRANCH— Of Mobile and Ohio Railroad. STATION. MILES. STATION. MILES. From Artesia to — From Artesia to — Cobb's 5:V Columbus 8 STARK VILLE BRANCH— Of Mobile and Ohio Railroad. STATION. MILES. STATION. MILES. From Artesia to — From Artesia to — Sossums Starkville Railroads — Distances. 'jonduni — A writ for taking and .keeping the defendant to answer the plaintiff in action. Capiasadfaciendum— A writ iov the taking and keeping_ the party named until he gives satisfaction to the party by whom it is issued. Cainas propie — A writ which issued against a defendant who had been fined, and did not discharge the fine according to tlie judgment. Cajiitation — A poll tax. Caption — The heading of a legal instrument, in which is shown when, where, and by what authority it was taken, found, or executed. Carte i'/anc/^e— Signatures in blank, with authority to fill up, by the very person authorized. Casus Fortuitus — An inevitable accident; a loss happening in spite of all human effort and sagacity. Caveat — A notice not to do an act, given to some ollicer, ministerial or judicial, by a party having an interest in the matter. Certiorari — A writ to call up the records of an inferior court, or re- move a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irregularities may be corrected. It is 'obtained upon complaint of a party that lie has not received justic?, or that he cannot have an impartial trial in tlie inferior court. Cestui que Trust — He for whose benefit another person is seized of lands or tenements, or is possessed of personal property, lie who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. Chattel Mort(jage — A mortgage of personal property. Chose in action — A right to receive or recover a debt, or money, or damages for breach of contract, or for a tort connected with con- tract, but which cannot be enforced without action. Citation — A writ by which a person is summoned or cited. Cognizance — Acknowledgment; recognition; jurisdiction; judicial power; hearing a matter judicially. Commutation — The change of a punishment to which a person has been condemned with a less severe one. 378 Dictionary of Legal Terms. Compound J/i^e>-esi— Interest upon interest — when a sum of money due for interest is added to the principal, and then bears interest. Compounding a Felony— The act of a party immediately aggrieved, who ao-rees with a thief or other felon that he will not prosecute him, mi condition that he return to him the goods stolen, or who takes a reward not to prosecute. Hontra honos mores — Against sound morals. Contumacy— T\\Q refusal or neglect of a party accused to appear or answer to a charge preferred against him in a court of justice. Copyri(iht—T\\Q exclusive privilege, secured according to certain legal forms, of printing, publishing, and vending copies of writings and drawings. Corpus Delicti — The body of the oftense, the essence of the crime. Coverture— T\\Q condition or state of a married woman. During cov- erture the civil existence of the wife is, for many purposes, merged in that of her husband. Crim. Con.— An abbreviation for criminal conversation, denoting adultery; unlawful sexual intercourse with a married woman. Bays of Grace — Certain days allowed to the acceptor of a bill or the maker of a note in which to make paymei^, in addition to the time contracted for by the bill or note itself. De bene esse — Formally ; conditionally ; provisionally. The exami- nation of a witness de bene esse takes place where there is danger of losing the testimony of an important witness from death by reason of age or dangerous illness, or where he is the only witness •to an important fact. i^e/ac to— Actually; in fact; in deed. An officer de facto is one who performs the duties of an office with apparent right, and under claim and color ot an appointment, but without being actu- ally qualified in law so to act. Z>eiMre— Rightfully; of right ; lawfully; by legal title. Demurrer— A stop or pause by a party to an action for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further. De Hovo—Auevf ; afresh. When a judgment upon an issue in part is reversed on error for some mistake made by the court in the course of the trial, a venire de novo is awarded, in order that the case may again be submitted to the jury. Debit— ThQ left-hand page of ledger, to which are carried all the arti- cles supplied or paid on the subject of an account, or that are charged to that account; also the balance of an account. Default— The non-performance of a duty, whether aris^ing under a contract or otherwise. Defeasance— An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is a condi- tion; and that which is in another deed is a defeasance. Defunct — A deceased person. Demise — A conveyance, either in fee for life or for years. Dictionary of Legal Terms. 379 Deponent— OuQ who gives information, oa oath or allirniation, respect- ing some facts known to him, before a magistrate ; he who makes a deposition. . . . Deposition— n\Q testimony of a witness reduced to writing, hi due form of hiw, by virtue of a commission cr other authority of a competent tribunal, to be used on the trial of some question ot fact in a court of justice. j)ciinue—A form of action wliich lies for the recovery, m specie, ot personal chattels from any one who acquired possession of them lawfully, but retains it without right, together with damages for the detention. — Blackstone. . . Devastavit— A mismanagement and waste by an executor, administra- tor or other trustee, of the estate and effects trusted to him as such, by which a loss occurs. Devise— A gift of real property by a person's last will and testament. Dictum— Aw opinion expressed by a court, but which, not being neces- sarily involved in the case, lacks the force of an apel— The preclusion of a person from asserting a fact by previous 380 Dictionary of Legal Terms. conduct inconsistent therewith, or on his own part or of those under whom he chiims, or by an adjudication upon his rights, which he cannot be allowed to call in question. Ex Cathedra — From the Bench, with high authority. Ex Delicto — Actions which arise in consequence of a crime, misde- meanor, fault, or tort, are said to arise ex delicto : such are actions of case, replevin, trespass, trover. Ex necessitate rei — From the necessity of the thing. Execution — A writ by which an officer is empowered to carry a judg- ment into effect ; final process. Ex-officio — By virtue of his office. Ex parte — Of the one part. Many things may be done ex ]iarte, wheu the opposite party has had notice. An affidavit or deposition is said to be taken ex parte where only one of tlie parties attends to taking the same. Ex liost facto — After the act. Fee simple — An estate of inheritance. Felo de se — A felon of himself ; a self-murderer. To be guilty of this offense, the deceased must have had the will and intention of com- mitting it, or else he committed no crime. Eem7Jie Covert — A married woman. Eiat — A short order or warrant, commanding that something shall be done. Fiduciary — In trust, in confidence. Fieri facias — A writ directing the Sheriff to cause to be made of the goods and chattels' of the judgment debtor, the sum or debt re- covered. Fiscal — Belonging to the fisc, or public treasury. Foeticide — The act by which criminal abortion is produced. , Functus officio — Something which once has had life and power, but which has become of no virtue whatsoever. When an agent has completed the business with which he was entrusted, his agency becomes functus officio. Garnisliment — Warning to a person in whose hands the effects of an- other are attached, not to pay the money or deliver the goods, but to appear in Court and give information as garnishee. General issue — In pleading, a plea which denies or traverses, at once, the whole indictment f.r declaration, without offering ?.ny special matter to evade it. Guardian ad litem — A guardian appointed for the purposes of a suit. Habeas cor2ms — A writ to bring into Court a party alleged to be un- lawfully imprisoned, with a view, by inquiry, to protect the right to personal liberty. Habere facias possessiojteni — A writ of execution in the action of eject- ment. ^ Ibidem — The same. The same book or place. The same subject. Ides — A day in the month from which the computation of days was made. Impanel — To draw jurors for trial of a cause. Implead — To sue or prosecute by due course of law. Dictioncuij of Legal Terms. 381 Imprxmii — In the first place ; commonly used to denote the first clause in an instrument, especially in wills, item being used to denote the subsequent clauses. Indemnity — Security to save harmless ; exemption from loss or dam- age, past or to come. In2'>'>'opyicL 'persona — In his own person ; himself: as, the defendant appeared in i^ropria i^ersona ; the plaintiff argued the case in 'propria persona. In rem — A technical term used to designate proceedings or actions in- stituted ar/ai)ist the thing, in contradistinction to personal actions, which are sgid to be in personam. In statu quo — In the same situation as; in the same condition as. Injunction — A prohibitory writ. Inquest — A body of men appointed by law, to inquire into certain mat- ters. Interim — In the meantime. Interlocutor II — Something which is done between the commencement and the end of a suit or action, which decides some point or mat- ter, which, however, is not a final decision of the matter in issue, as, interlocuthry judgments, or decrees, or orders. Ipso facto — By the fact itself; by the mere fact. Judgment nisi — A judgment entered on the return of the nisi prius record with the postea indorsed, w'hich Avill become absolute, according to the terms of the "postea,"' unless the Court, out of which the nisi prius record proceeded, shall, within the first four days of the following term, otherwise order. Laches — Negligence, Lex — The law. Lex Loci — The law of the place. Lex Talionis — The law of retaliation. Ilalajides — Bad faith ; opposed to bona fides, good faith. 3Iandamus — A high prerogative writ, usually issued out of the highest court of general jurisdiction in a State, in the name of the sovereignty, directed "to any corporation, public officer, or inferior court," requiring them to do some particular thing therein specified, and which appertains to their office or duty. Mater farnilias — The mother of a family ; tlie mistress of a family; a chaste woman, married or single. Mayhem — The act of unlawfully and violently depriving another of the use of such of his members as may render him less able, in fighting either to defend himself or annoy his adversary. Mesne jrrofits — The value of the premises recovered in ejectment, during the time that the lessor of the plaintiff has been illegally kept out of the possession of his estate, by the defendant. Mittimus, (we send) — A writ to send an offender to prison. Monition — A process in the nature of a summons. Mulct — A fine imposed on the conviction of an offense. Mutatis mutandis — The necessary changes. A phrase of frequent practical occurrence, meaning that matters or things are gener- ally the same, but to be altered when necessary, as to names, offices, and the like. 382 Dictionary of Legal Terms. Ifisi — Shall take effect at a given time, unless before that time the order or judgment is modified, or something else is done to prevent its taking effect. Continuance nisi is a conventional continuance of the case till next term of the Court, unless other- wise disposed of in the meantime. jSfoUe prosequi — That plaintitf discontinues his suit, or attorney for the public a prosecution, Non assu7n2)sit — The plea of a defendant in an action of assumpsit that "he did not undertake and promise, etc." J^on compiis mentis — Not in a sound mind. Non est inventus— rl have not found him. Novation — The substitution of a new obligation for an old one, ■which is thereby extinguished, j^ulla bona — The return made to a writ of fieri facias, b}' the sheriff, when he has not found any goods of the defendant on which he could levy. Noncupative will — An oral will, declared by testator, in extreinis, before witnesses, and afterwards reduced to writing. Order nisi — A conditional order, which is to be confirmed, unless something be done, which has been required, by a time specified. Parol evidence — Evidence verbally delivered by witnesses. Paterfamilias — One who was sui juris — of his own right — and not subject to the paternal power. Patricide — One guilty of killing his father. Per capita — B}" the head or polls. Per centum — B}^ the hundred. Per contra — Contrariwise. Per se — B}' itself considered. Petit — A French word signifying little, small — as petit larceny, petit jur}', petit treason. Plaintiff In error — xV party who sues out a writ of error ; and this whether in the Court below he was plaintiff or defendant. Poachin;/ — Unlawful entering land, in night time, armed with intent to destroy game. Posse comitatvs — The power of the county. Post facto — After the fact. Posthumus child — One born after the death of its father. Post mortem — After death. Prima facie — On the first view. Process verbal — A written statement. Pro confesso — As if conceded. A decree taken where the defendant has either never appeared in the suit, or, having appeared, has neglected to answer. Pro forma — For the sake of form. Pro rata — In pro})ortion. Pro renata — For the occasion as it may arise. Pro tanto — For as much. Propjria persona — In his own person. P?<(;aii ye— Reputed to be that which is not— as putative father, puta- tive marriage ; putative wife ; putative owner. Dictionary of Legal Terms. 383 Quid pro quo — What for what — one thing for another — an equiva- lent. A term denoting the eonsideration of a contract. Quo animo — Tlic intent; the mind with which a thing lias been done. Quo Warranto— T\\G name of a writ (and also of the whole plead- ing) hv which the government commences an action to recover an ollice or fianchijse from the person or corporation in posses- sion of it. Jlecognizance — An obligation of record entered into before some court of record, or magistrate duly authorized, with condition to do some particular act, as to appear at the same or some other court, to keep the peace, or pay a debt. A recognizance dilfers from a bond, being witnessed by the record only, and not by the party's seal. Hectus in curia — Upright in court; with clean hands.. The condi- tion of one who stands at the bar, against whom no one objects any offense or prefers any charge. Beductio ad ahsurdum — A position reduced to an absurdity. Fieplevy--k. writ to get back goods and chattels wrongfully taken or detained, upon giving security to try the right to them in a suit at law, and, if that should be determined against the plaintiff, to return the property replevied. Be'plication — In pleading, the plaintiff's answer to the defendant's plea or answer. In equity, the plaintiff's avoidance or denial of the answer or defense. Bes judicata — A legal or equitable issue which has been decided by a court of com})etent jurisdiction. Biparian x>roprietors — Those wlio own the land bounding upon a water course. Bulenisi — A rule obtained on motion exj)arteto show cause against the particnlar relief sought. Scire facias — A writ founded upon some record, and requiring the party proceeded against to show cause why the party l)ringing it should not have advantage of such record. Semper 2iaratus — Always ready. Seriatim— 1\\ a series; severally; as the judges delivered their opin- ions seriatim. Sine die — Without a day appointed. Status quo — The state in which. Subornation of 2:terjuri/ — The procuring another to commit legal per- jur}-, who, in consequence of the persuasion, takes the oath to which he has been incited. Suhpcma (under penalty)— A writ commanding the attendance in court of the person on whom it is served as a witness. The process by which a defendant in equity is commanded to appear and answer the plaintiff's bill. Subpoena duces tecum — A writ of the same kind as the subpcenaies. ti^ficandum, mQ\\\(\\x\<^ a clause requiring the witness to bring with him and produce to the court books, papcj's, etc., in his hands, tending to elucidate the matter in issue. 384 Dictionary of Legal Terms. Sui juris — Of his own right. Possessing all the riglits to wliich a freeman is entitled. Summons — A citation or writ to appear in court on a da}' specified, to answer to the plaintiff, or to testify as a witness. Su2)e7-secleas — That yoii set aside. The name of a writ containing a command to stay the proceedings at law. Sub sllentio — Under silence ; without an^- notice being given. Some- times passing a thing sub silentio is evidence of consent. Superflcies — Whatever has been erected on the soil. Testator — One who has made a testament or Avill. Tripartite — Consisting of three parts; as a deed tripartite between A. of the first, B. of the second, and C. of the third part. Trover — A form of action which lies to recover damages against one who has, without right, converted to his own use goods or per- sonal chattels in which the plaintiff has a general or special property. Turpis casua — Abase or vile consideration, forbidden b}^ law, which makes the contract void. Venditioni exponas — That you expose to sale. The name of a writ of execution directed to the sheriff, commanding him to sell goods or chattels, and in some states, lands, which he has taken in execution b}^ virtue of a fieri facias, and which remain un- sold. Venire facias — A writ directed to sheriff requiring him to cause a certain number of qualified persons to appear in court at a spe- cified time, to serve as jurors. A writ in the nature of a sum- mons to cause the party indicted on a penal statute to appear. Verbatim et literatim — Word for word and letter for letter. Versus — Against; usually abbreviated v. or vs. Vi et armis — With force and arms. Vice versa — On the contrary; on opposite sides. ■ Virtute officii — By virtue or his office. Viva voce — By the living voice; verbally; oral testimony'. INDEX TO FORMS. IN CIVIL ACTIONS. PAGE. NUMBER. 72 Accounts — for money wages for labor 15^ 62 — for suit in cutting timber ^3^ (38 — for suit in taking boat 139 2 Affidavits — to open account »'> 6 — for continuance 1^ 8 — for appeal 2o 9 — for justifying sureties on bond 25 11 — for garnishment • )^8 14 — lor fraudulent conveyance '-4 15 — in claimant's issue pG 59 — by surety or joint debtor l-^''^ 63 — by raftsman If^ 68 — for removal of property l^'J 68 — for removal of pro))ert3', No, 2 151 69 — fraudulent removal of 'mortgaged property 152 2 — denying affidavit to open account tJ (Se'e titles "Attachment,"' " Replevin," etc., for others.) 12 Answers — of garnishee ^0 74 —of defendant generally 1^^ 75 — with notice by defendant 1C8 8 Appeal — affidavit for 2^ 8 —bond '^'i 10 — transcript of record and certificate in 28 Arbitration and Awards — forms in : 51 — rule for submission 114 52 — award H^ 52 — agreement to submit H^ 53 — award, to be attached to agreement 117 53 — affidavit of witness to award and agreement 118 54 — ^judgment on award H*^ Agricultural Lien Law — forms in : C4 — affidavit for wages — crop laborer 145 65 — affidavit for share of crop l^J.' 66 — writ of seizure and summons for wages on crOp 14( 66 — writ of seizure and summons for share of crop 148 67 — writ of possession • I3'' 68 — removal of lien jiroperty — affidavit No-1 1^" 68 — removal of lien property — affidavit No. 2 1-_>1 69 — fraudulent removal, mortgaged property — affidavit 152 25 Index to Forms, NIMBER. PAGE. 58 Assignment — general, with power of attorney I'^J 58 —of a bond 1;^0 58 —notice of \~^ 57 — of a note by endorsement 1'^' Attachment — forms in : 18 —affidavit for 41 lit —bond in 42 1<) —writ of • 4o 20 — summons for garnishee in writ 44 20 — return of officer on writ 4y» 21 — replevin bond in 4o 21 — replevin bond to discharge 4/ 22 — petition attacking; replevin bond 48 22 — citation to constable taking replevin bond 49 23 —affidavit for, debt not due ^0 23 — bond of purchaser, debt not due ^1 24 — plea in abatement ^- 24 —notice that proof of damages will be offered 5^ 2i —sale of perishable goods— oath and certificate 54 25 — affidavit, defendant non-resident ^o 20 — notice in, to be posted ^ 2ti — affidavit of justice, sending notice ^' 2(.i — proof of publication ^° 27 — bond before sale— judgment by default ■^^ ■i Attachment AGAINST Witness— form 10 Bastardy — forms in : 45 — complaint ^tj 45 — warrant ^' 45 — bond to answer in circuit court ■^^ Bonds — ^, 1 — official, of justice " 8 — appeal bond ■^^ 13 — bond of indemnity ^^ 15 — of claimant ^ 02 — to perform labor on road •'^^' (See "Attachment" and other titles.) 50 Bill of Exchaxge — domestic 1^1 2 Counter Affidavit— of defendant to open account 'j 5 Commission — to take deposition 1- Continuance — affidavit for • l*^' Certiorari — petition for ■^^ 15 Claimant's Issue— bond %l^^ 10 —judgment ^^ Complaints — 72 — action on contract j^y 73 — injuring personal property :j'^_'^ 73 —breach of warranty ||^^ 7o — fraud or deceit |^ 73 — conversion of personal property ]P^ 74 — injury to real property j .''^ 74 — by an assignee ^"-' Constable — 17 -sale by ^ ^ 75 — motion against |_" 70 — notice of such to ^'^ Coroner — .« • ,,, 63 —summons for jury :|^.'^ 64 — o»th of jurors |;- 64 — oath of witnesses r|* 04 —verdict of jury Ill Civil Actions. •>S'*' i«AGH. -M-MUtK. 5 Dkposition — and certificate |;j 5 — conimission to take ^- 4 — uotice to take '' 59 Da.viT— or domestic bill of excliaiige l-jl 71 — notice f f protect for non-piivnu-iit 1"'' '1 Dkfknuant — couuter affidavit of 'j 74 — general answer of ^'" 12 Execution — form of \'}^ V't — return on ''■' Exempt rROPERTY — forms in: o") — bond of indemnity to officer 1'-" 5') — defendant's replevy bond J'-l -5--, — (,ath of free-holders Jj]; •f)o — allotment by freeholders |--' /)(; —allotment contested— plaintili"'s affidavit 1-f ^7 —allotment contested — defendant's affidavit l'-^^-> 57 — special judgment for purchase money !-'-► Fences— 4R — petition for order lo view •'■' 4f) — order to view ^1* 47 — certificate of liouseholders | 'I 47 — uotice by householders j"-^. 48 — notice to plaintiff' of bad fence lU'J — suit for throwing down (See " Trespass by Stock. ") 14 Frvdulent Conveyance — affidavit of '■}\ 14 — summons on '^'^ Gaknisument — 11 —affidavit for '•^'^ 11 —writ of ^'' VI — answer of ^" 14 — summons fjr in attachment 44 Judgments — 4 — nisi against witness ■' 7 — on jury verdict "-' iS — of justice, general form ~ ir> — in claimant's issue ^}^ 'M — in unlawful entry and detainer, No. 1 ^^ <>\ — in unlawful entry and detainer, No. '1 ^'J o") — in mechanics' lien '*' 54 —on award ^]}\ 57 — special, for purchase money 1-*' LANnLORB AND Tenant — forms in : 36 — affidavit, rent due 'J^ 36 — affidavit, rent not due '■* 37 — affidavit, eifects removed ^0 ^7 —bond 81 38 — distress warrant ^^ 30 — notice to tenant of seizure ^-^ 39 — three montiis replevin bond • ^ 40 — bond 10 try validity of distress ^5 41 — writ of replevin in favor of tenant 86 41 — claimant's affidavit 87 41 — claimant's bond ; ^8 A'l — writ of replevin favor of claimant ■'■'' 42 —notice to determine tenancy '" 42 — notice to tcrnuuate tenancy at will '•'! 43 — affidavit to remove tenant at will '-''^ 43 — affidavit to remove a tenant '^'^ 44 — summons to tenant to remove, or appear '-^-l 44 — warrant of removal ^'■> 388 Index to Forms, PAGE. NUMBER. Mechanics' Lien — forms in : 3-^ — petition 72 33 — bill of particulars 73 34 — summons 74 34 — notice to owner 75 35 — ^judgment 76 35 — execution 77 75 Motions — against constable 169 2 Note — form of 3 4 Notices — to take deposition 11 24 — to plaintiff in attachment of proof of damages 53 26 — of att„ichment to non-resident 56 84 — to owner in mechanics' lien 75 39 —to tenant «. 83 42 — to determine tenancy 90 42 — to terminHte tenancy at will 91 47 — by housv'holders in fence view 102 48 — of detention of stock 103 48 — of damage by stock 104 48 —of bad fence "^to plaintiff 106 58 — of assignment of note 128 59 — by surety 132 71 — of protest for non-acceptance 155 71 — of protest for non-payment — draft 156 71 — of protest for non-payment— note 157 76 — of motion against constable 170 Notary Public — forms in : 70 — protest of draft, non-acceptance 153 70 — protest of draft or note, nou payment 154 71 — notice of protest, non-acceptance 155 71 — notice of protest, non-payment — draft 156 71 — notice of protest, non-payment — notice 157 71 — certificate of service of notice 158 1 Oath — of office, justice 1 6 — of witness 14 7 — to answer questions 18 7 — of jurors 19 55 — of i'ree-liolders, in exempt property 122 64 — of jurors before coroner 142 64 — of witnesses befoi'e coroner 143 1 Official Bond — of justice '-^ 2 Open Account — and note, form 3 * 46 Order— to view fence lOO Overseer of Roads — forms: i(30 " — appointment to notify liauds and list 134 01. • — his delinquent list 135 Q\ — wajTant arresting delincjut'nt liands 136 62 — bottd to perform labor 137 9 Petition — for certiorari ^6 22 — attacking replevin bond in attachment 48 33 — in mechanics' lien 72 24 Plea in Abatement — in attachment 52 51 Precept — of officer in obstructing water-courses 113 26 Proof of Publication — in attachment 58 63 Raftsman— affidavit of • 1-10 Replevin— forms in : 28 -affidavit 60 28 —writ 61 23 —bond of plaintiff 62 29 — bond of defendant - 63 In Civil Actions. 389 PAGE. NIMBER. Returns — of officers: ?> — on summons ' l;'> . — on execution -i"^ 'JO — on writ of attachment 4-) 81 — on warrant in unlawful entry and detainer 07 17 Sale — of constable '^'^ 3 SiiBPCENAs — general form ^ 7 — duces tecum 1" 4 Summons — general form 4 14 — on fraudulent conveyance 3;_> 34 — in mechanic's lien ^^ 44 — to tenant to show cause or remove 'J-4 4't — in obstruction to water courses HO 50 — to householders, water courses HI ()3 — for coronor's jury •_; 141 6G — in agricultural lien law 147, 148 Sureties and Joint Dedturs — 5!) — notice by surety I'J- 59 — affidavit of surety 133 Tenant — (See "Landlord and Tenant.") C2 Timber — account for suit in cutting 1'jH 10 Transcript — of record and certificate in appeal -7 Tresspass by Stock — 48 — notice of detention of stock lO'j 48 — notice of damage by stock I'M 48 — suit for damages by stock 105 49 — suit for shooting or dogging stock 108 Unlawful Entry and Detainer— forms in : '29 — complaint 64 30 —complaint, No. 2 65 30 — warrant 6" 31 — return of officer 6' 31 —judgment, No. 1 '■ 68 31 —judgment, No. 2 6^* 31 — writ of possession ^0 oi — appeal bond ; ^1 7 Verdict — ofajury '-^'^ (j4 of coronor's jury l-l^ 17 Venditioni Exponas — form 40 G Venire Facias — summoning jury 15 30 Warrants — in unlawful entry and detainer 66 38 —distress f'^ 44 — of removal, tenant at will •■^ 45 — in bastardy p' 61 — arresting delinquent road hands 1^6 49 Water Courses — complaint in obstructing 109 49 — summons HO 50 — summons to householders Hi 50 — rejjort of householders 11_^ 51 — precept to officer H" 11 Writs — of garnishment ^ 19 — of attachment ^^ 28 — of replevin 61 31 — of possession, unlawful entry "0 41 — of replevin favor of tenant °o 42 — of replevin favor of claimant ^9 66 — of seizure, for wages on crop !■*' 6(! — of seizure, for share of crop '. 1^''^ 67 — of i»ossession, ap;ricultural liens 1'19 390 Index to Forms ^ FORMS— AS A CRIMINAL COURT. PAGE. NUMBER.. 103 Abductions — Complaint for, of female over 14 2'2l'.'' 104 — Coeiplaint for, of female under 14 '227 100 Accessory — after the fact 218 77 Affidavits — general form 171 80 — for peace warrant 178 81 — for yagrancy 181 83 — for search warrant 185 91 — against justice, for failure to pay money 20? 92 — against justice, for extortion 205 93 — against officers, for failure to arrest 20t> 94 — selliiig liquor to minor 209 95 — selling liquor to one intoxicated 210 96 — grog shops declared nuisance 2l!> 98 — for infringement of civil rights 215 98 — for election frauds, general form 21() fil — overseer of road and delinquent list 135 — for felonies, see Complaint 79 Appearance — bond for, general form 176- 80 — recognizance for, general form 177 87 Appeal — bond for 192 100 Arson — complaint 219 103 Assault and Battery — complaint 225 79 Bonds — for ajipearance, general form 17& 87 — for appeal 190* •.M5 — for license 212 88 — certificate of default on 195 105 Bigamy — complaint for 231 90 Boundaries — destroying 199 89 Bribery — at elections, complaint 196 101 — general form of complaint 222 101 Burglary — complaint 221 88 Certificate — of default on bond 195 98 Civil Rights — affidavits for infringement of 215 86 Compromise — judgment of discharge on 191 89 Complaints — bribery at elections 196 89 — for gnming 197 90 —duels 198 90 — destroying boundaries 199 90 — obtaining money, etc., by false pretense 200 91 — petit larceny..... 201 99 — for murder 217 100 —accessory of the fact 218 100 —arson....! 219 100 —rape 220 101 —burglary 221 101 — bribery, general 222 102 — perjury 22o 103 — mayhem 224 103 — assault and battery intent to kill 2^5 103 — abduction, female over 14 226- 104 — abduction, female under 14 227 104 — seduction „ 228 104 — buying or receiving stolen goods 229 105 — grand larcenj' 230* 105 —bigamy 23)» As a Criminal Court. -^91 MMBER. '''^°'^- . Ttl) 104 Confession— voluntiiry1)y prisoner ^•^^ 88 Default— certificate of, on bonds, etc 1'^" 85 DrscHARGE— warrant for prisoners ^^ 90 Duelling— complaint 98 Elections— affidavit for frauds at ^1'' 89 — briber^' at ''' 92 Extortion— affidavit ap;ainst justice for ^'^ 90 False Pretenses— obtaiuing money by, complaint "-^00 87 Forfeited Recocnizance— judgment on l-'-^ 88 — scire facias on 98 Frauds— at elections, affidavit "^'j 89 Gaming— complaint ^^ 78 Judgments— fine and imprisonment ^l^ 81 —to keep the ])eace ^'^ 18;-", 101 8'J — in vagrancy. m —of discliarge on compromise j;^,^ <^7 _on forfeited recognizance '-I'' 92 —against a justice, failure to pay money f^J* -nisi against justice, unlawful entry, etc -'^' 30 2U1 212 93 105 Larceny- grand, complaint. 91 —petit, complaint. 95 License to Sell Liquor— petition for ,-^|^^ •,Kj — bond for " ~ 9-t Liquor— selling tominor, affidavit -|' 95 — selling to one intoxicated 103 Mayhem— comi)laint "— 94 Minor— selling liquor to -^J_ 79 Mittimus— fine and imprisonment ^^ 88 —for viigrant ^^ 84 — general form ■■_ 99 Murder — complaint ~ ' 96 Nuisances— affidavit - ''^ 91 Oaths— of jurors -^" 90 Obtaining Money, etc— false pretense, complaint '--00 80 Peace AVarrant— affidavit for ^'^ 102 Perjury — complaint " " 100 B ape— complaint ■" 80 Recognizance— to appear ^^^ 81 — to keep the peace z^ 85 —to testify ;^^^' 97 Saloon Keeper— suit against, by wife -^'^ 88 Scire Facias— on forfeited recognizance ^''^ 94 — for defaulting justice -"^ 104 Search Warrant— form of ^^^ 104 Seduction— complaint *^" 78 SuBPcENA — form of " 104 Stolen Goods — receiving or buying, complaiut ---' 181 81 Vagrant — affidavit for. 82 — warrant for 182 183 82 —judgment in 'V^ 83 —mittimus of ^^ 86 Voluntary Confession — of accused 1^0 76 Warrants — general form j^^ 8=5 — to discharge prisoner ^^^ 84 -to search.: • ^^^ 392 Index to Civil Lcuw. MISCELLANEOUS FORMS. PAGE, NUMBER. 132 Acknowledgments — by man orfemme sole ^66 — by man and wife '-^6^ 135 Agreement — i-aising money for church 271 lOG Bill of Sale — form of 232 113 Bonds— for title to realty ■ ;• 241 127 — for coroners, rangers, treasurers, surveyors, assessors, circuit clerks and supervisors 259 127 , — for justices, chancery clerks, sheriffs and constables 260 121^ — for tax collectors ^61 129 — justification of sureties 262 i32 Contract— general form 268 120 —for work 250 118 —for wages 248 134 — to cultivate land on shares ^69 i34 — to cultivate on shares, No. 2 270 119 — to cultivate land on shares. No. 3 249 106 DtED? — quitclaim 2|^ 1 07 — warrantee 234 107 — warrantee with vendor's lien 23o 114 -of gift ^42 114 — with full covenants j^'^ 115 — by administrator -44 116 — by tax collector ; 245 117 _by sheriff.. 246 117 — by commissioner ••••• ^4/ 132 — acknowledgements of 266-267 108 Deed of Trust — to secure note 236 110 —on growing crop to secure advances 237 —to secure advances 238 112 —for rent 2bJ 112 — for rent and supplies 23J 120 Lease— of farm 2-^1 121 — general ;^?2 122 — agreement of, by landlord 2-)o 123 — agreement of, by tenant 254 136 Marriage Ceremony — for justice 272 130 Mortgages — to secure note 263 131 — with power of sale 264 123 Partnership — for planting. ^55 124 — lor mercantile business 256 124 — for same, another form 257 131 Power of Attorney — form 265 126 Release— of all demands 258 INDEX TO LAW— AS A CIVIL COURT. ( The Section refers to the Law as found in Revised Code of 1871) page. section. 140 ABATEMENT.-Death of plaintiff not, to abate suit; administrator may continue o^" 146 administrator must appear or suit dismissed 679 18t death of defendant no abatement in attachment 1486 Index to Civil Law. 3^^ PAGE. SECTION. 142 AccouNT.s.— open, itemized copy to he filed before process 5B(J 142 sworn to, prima facie oviilence of correctness, unless rebutted l)y counter affidavit ''S'i 14"2 Afkidavits. — to open accounts, prima facie evidence "i^S'J 144 for continuance, what facts stated ^f'-i 147 may be made by attorney or a<:;eiit *j^' 158 to compel a))pearance of female witness >^J 161 for appeal, what facts stated 1'^^'^ 147 wha', officers can take _ ^"9 162 for writ of (jarnislimcnt ^i'^'^^^ija 166 of claimants to ]>ro])erty, levied on or attached 8.38-1388 176 for attachment, what to contain 1412 181 when party attacheil is non-resident or is not found 14r2 182 of officersin cases of non-resiilents attaclied 14 186 in replevin, to be made before writ issues l-'f^'* l<:«j of landlords, tor distress warrant • I'J^'J 199 of claimants of property distrained, what to contain... I'J-'l 203 to remove tenant or determine tenancy, what to contain IW'S 204 of tenant denying facts in such cases 1^5- 224 of plaiutitf on seizure of liotnestead and allotment to debtor '^1^8 224 of defendant against allotment in such cases 21oJ 284 of person appointed to notify road hands on return < 147-171. Agents.— can make affidavits and bond for principal 687-1423-1426 242 of railroads liable for injury ••■ -^1^^ 153 process served on, of corporations or railroads sufficient *0o 2-51 Agricultitral Lien Law. — landlords' rent and supplies, first lien on crop, Acts 1876, p. 109 1 251 not to operate against mortgage with notice p. 110 1 251 favor of employees of farm, laborers or share workers p. 110 2 251 favor of laborers on farm, or share workers p. HO 3 253 how enforced P- HO 10 143 Amendments. — in all pleadings and proceedings allowed before verdict 143 permitted in judgments in certain cases 153 on officers' return of process, how made 188 in replevin bonds 153i 184 in attachment bonds and affidavits 148b 161 Appeals. — when and how taken ^^ 1;>^"^ I'U iuty of justices in, and proceedings in circuit court 13bb-133o 138 from judguent of justice in contested election cases 1391 256 from motions and suits against constable ■_■.•• 285 254 to be taken in three days in agricultural liens, Acts 1876, !>. 114 1|^ 219 Arbitration and award. — pending suits, how arbitrated 1J62 219 rule for submission entered on minutes. 19G3 219 j)roceedings suspended until arbitrators act l'>54 220 award, wlien approved, entered of record as judgment 10tJ-> 220 merchants, traders etc., may arbitrate differences 1^66 220 how to proceed, and force oV such arbitration 1%T 220 pi-oduced in court, jiroved, becomes judgment Uw 220 on such judgments tinal process may issue WG'' 220 award may be set aside for fraud or partiality 1-^1.0 202 jurisdiction cliancery court not effected by thi.'! act lOTl 621 627 708 39:1: Index to Civil Law. PAGE. SECTION.. 146-229 Assignee. — may sue in Lis own name, if assignment is in writing 670-2228 229 Assignment. — must he made to surety or endorser on tender of payment 2229 170 Attachment. — remedy by attachment and its extent 1419 171 seven grounds for issuance of attacliment 1420 171 affidavit for attachment; hy and when and before whom made 1421 171 affidavit must contain one or more of seven grounds, con- junctively stated 1422 171 if affidavit by agent, statement of fact, prima facie evidence 1423' 171 affidavit to be presented and duly returned 1424 171 form of attachment bond ; when and how taken 1425 172 if bond by agent, statement of fact, is prima facie evidence 1426 172 writ and bond how ])resented and returned 1427 172 writ of attachment, bv whom issued 1428 172 form of writ '. 1429> 173 garnishment may be embodied in writ 1430 173 attacliment against non-iesident, joint debtors 1431 173 duplicate writs may issue 1432' 173 proceeding legal on Sunday in attachments 1433- 173 officer shall levy and summon garnishee — mode .1434 174 how the writ shall be executed on different things 143-5 174 return on writ, how made, shall deliver all bonds 1436 174 return by special officer, hoAv property disposed of 1437 175 bond of indemnity, when demanded 1438 175 replevy of iiroperty by defendant 1439' 175 defendant, before return or before judgment, maj' bond property 1440^ 175 liow plaintiff may have such bond perfected 1441 175 proceedings vs. garnishees, their answers, how sworn to and forwarded 1442 176 answers of garnishees — within what time made; property disclosed attached 1443- 176 stay, whc-e debt of garnishee is not due 1444 176 mode of controverting garnishees answer 1445 176 garnishee may be summoned from any county 1446' 177 when final judgments rendered vs. sureties and endorsers... 1447 177 property replevied by garnishee, how disposed of 144S- 177 how defendants may contest garnishees' answer 1449" 178 judgment when issue found against garnishee 1450 178 how claimant of the effects garnisheed made a party 14^51 178 ])roceedings, when such claimant appears 1452" 178 how garnishees protected by o'-ders of court 1453 178 garnishees allowed for expenses 1454 178 how attachments maj' issue for debts not due and proceed- ings therein 1455 179 claim of attached property by third party 145'i 179 issue tried as under claim on levy of execution 1456 179 issue may be tried without bond.! 1457 180 grounds of attachment not conclusive — may be contested 1458 180 plea in abatement, at return term, maj' be idled 1459" 180 jilea must be sworn to — issue formed thereon without re- sponse 1460 180 court shall order jury for trial of issue — bel'ore trial on merits 1461 180 defendant may prove damages, including lawyer's fee, hotel, traveling and loss of trade, etc « 1462 180 if issue for defendant, judgment for damages assessed and costs 146-5 180 if for plaintiff, defendant shall plead to merits of attach- ment 1464 180 plaintiff may dismiss attachment — but delendants may have jury to assess damages ' 146-S- Index to Civil Law. 395 PAGE. SECTION. Attaciimkxt — 180 perishable in'oiicrty, how sold — owner luiiy replevy such property ]4'Jtj-14n" 180 non-resident creditors may attach in this State 1170 180 non-residents, liaving effects liere, may be attached 1471 180 affidavit where party is non-resident or cannot be found 1472 180 advertisement necessary ujion liliiip; such affidavit jfto be done by postin 182 advertisement shall cite defendant and time of iiublication.. 1474 182 advertisement sent to defendant—officer's affidavit thereof... 1470 only posted notices, to non-residents in attachment before justices Acts 1876, p. 78 182 iudgment and sales, defendant may plead withoutreplevying 1470 182 judgment by default upon jtroof of publication — writ of inciuiry ^^i\ 182 all property seized sold and judgments vs. garnishees 1478 180 before sale, on judgment by "default, plaintifFmust give bond 1470 183 plaintiff failing to give such bond ten days after notice, of- ficer sells and retains money 1-1*^0 183 jurisdiction of justice in attachment cases 1481 AXTACIIJfENT — 183 attachments, in i)ending suits, when granted 1482 184 defective attachment bond, how perfected — amendment of bond and affidavit 1-183 184 live stock, levied on, sold, if not replevied 1484 184 administrators, etc., garnisheed— but no judgment until six months l-l^-^ 184 death of defendant does not abate attachment 1480 184 attachments, by whom executed 1487 184 attachments, and issue? thereon, tried at the return terni....__ 1488 184 attachment of steamboats and water-craft Acts of 1875, p. 102 182 iidvertisement to be sent defendant — officers affidavit thereto 1475 182 judgment and sales, defendant may plead without rcjdevying 14i_0 182 judgment by default on proof of publication— writ of inquiry 1477 i82 all property seized sold and judgment against garnishees... 1478 183 on judgment by default, plaintiff' must give bond before sale 1470 183 failing to give such bond on ten days notice, officer sells and holds money 1480 183 justices' jurisdiction in attachment-cases 1-181 183 attachments, in pending suits, when granted 1482 184 defective bond, how perfected — amendment of bond and affidavit = 1483 184 live stock levied on, sold, if not replevied .■• 1*8* 181 adminibtrators garnisheed — but no judgment until six months Ifv^. 184 death of defendant does not abate attachment 1-48JJ 184 attachments, by whom executed r^L 184 attachment and issues, tried at return term __ 1488 184 attachment of steamboats and water-craft Acts 18ractising without license '---lO Baggage — 241 railroads shall receive, give check and keep till called tor... 2.tlU 242 double damages for injury to checked baggage 2mi^ 242 how railroads proceeded against in such cases -Ol- Bank Checks— (See "Promissory Notes," etc.) Bastardy— 20(5 pregnant woman, how to proceed in such case loU/ 20(j justice must return to circuit court all proceedings 180-S 207 bastard 12 months old, suit barred 180< 396 Inde:\. to Civil Law. page. section. Bills of Exchange — lioO M-liat writing constitutes one 2230 (See " Promissory Notes," etc.) Boats — 245 penalty for loosing or taking away 2478 Bonds — 137 of justices of the peace 1298 189 of mayors who act as justices Acts 187t>, p. 33, §1 166 of claimants to property levied on 858 171 of attachments, form of 1425 , 175 of defendants, who replevy in attachment 1440 183 of plaintiff to sell property of non-resident attached 1479 186 of defendant and plaintifl"in replevin 1530-1531 192 in forcible entry and detainer for appeal 1595 196 of landlord in attachment rent in arrear 1620 197 of tenant for three months, replevying property attached 1621 198 of replevin by tenant, what to recite 1625 199 of tenant to try validity of distress warrant 1630 199 of claimants of tenant's property distrained for rent 1631 222 of plaintiif ou levy on property claimed as exempt 2132 223 of defendant replevying exempt property 2134 235 of defaulting road hand 2366 255 official, of constable 278 Bonds of Indemnity — 164 officer may demand of plaintiff 844 164 if not given may refuse or release levy, if made 844 164 how sued on 845 175 when tliej' may be demanded in attachment cases 1438 222 when, in seizure of property, claimed as exempt 2132 Bonds, Official-- 137 of justice 1298 255 of constable 278 127 how approved Rev. Code, g999, Acts 1876, p. 9, H 129 oath of sureties on Acts 1876, p. 8, \ 2 Brands of Stock — owners of must have ear mark and record the same 302 what stock not marked 302 [Inadvertently omitted — see Code, p. 76.] 147 proceedings in case of dispute about 303 Certiorari — 162 this and other remedial writs granted by circuit judge 533 162 when and how obtained 1336 Challenge - 144 of jurors, how many allowed, civil cases 634 Claimant's Issue — 166 how made and tried 1338 166 affidavit and bonds in such cases 858 167 proceedings stayed, and issue to be made up 859 167 issue made at first term — consequence of default 8(30 168 burden of proof on plaintiff in execution 861 168 rules governing trial of issue 861-862 168 proceedings, if either party die, before issue tried 863 169 what judgment, if claimant die and administrator makes default 86-t 169 what judgment, if surety on bond dies 865 169 additional surety when required — consequence of failure.... 866 179 how to proceed in attachment cases 1456-1457 Clerk Circuit Court — 161 must docket appeals from justice's court _. 1333 165 must issue vendi. expo, for sale of land on justice's judg- ment 1319 Index to Civil Low, 397 PAGE. SECTION. COMMTSSIONEUS— ^ 159 to take depositions, may attach witnesses lyo 159 may adjourn taking from day to day 797 158 how witness sworn by commissioner to take 794 1-59 admissible as evideice, but liable to all legal objections 79d 1.59 commissioner to take, may attach witness ^i-^O 159 taking of, may be adjourned from day to day >yi^ 159 constable shall serve all process in such cases 7'.th 1.59 exceptions to, when and how taken— may be retaken 799 Detinue — 143 if value omitted in verdict, inquiry awarded 625 165 court may order execution for value ascertained by judg- ^^ inent *--*" Dockets — 141 must be kept by justice, and how 1<^<^8 398 Index to Civil Law. PAGE. SECTION. Dogs — considered property 2875 149 owner of, killino; sheep Elections — 137 justice, bow elected ; tie, bow decided 1296 137 districts, how defined 129i loh liuw eitctioti contested loUO 138 of county officers, contested; appeal and challenge in such cases 391 Endorses — (See "Promissory Notes" and "Protests.") Enrollment — (See "Judgments.") EVIDENCE-- 15G party may force adversary to give 757 lot) parties to suit may testify 1315 243 burden of proof on railroad for damages done. ..Acts 187G, p. 34, § 1 247 before coroner to be written 252 157 witness refusing to give, shall be imprisoned 777 157 when excused ; court to decide 778 (See Art. 12, Chap. 8, Revised Code.) Executions — 103 not issue until five days, unless good cause shown 1317 164 may issue within a year and day— when rule does not apply 838 164 not to be levied on lands, if personalty can be found 842 164 officer may demand indemnity before levying 844 165 ])ersons holding iiroperty fraudulently against, summoned... 851 165 proceedings in such cases 851 165 how may bo stayed 1343 165 defendant thereby waives all errors 1344 165 when lands levied on, what proceedings are had 1319 165 duty of justice and clerk in such cases 1319 254 execution special, in judgment for labor Acts 1876, p. 114, § 12 254 not to be levied on growing crops — exception Acts 1876, p. 114, ^ 15 163 personal effects in hands of another must be jointed out Acts 1876, p. 25 163 penalty for refusal Acts 1876, p. 25 Exempt Property — 222 what exempt from taxation Acts 1876, p. 129, § 1 221 what personalty exempt'from execution and attachment 2231 222 full proceedings, when about to be seized 2132 223 plaiutiff\s bond in such cases — may be sued on by defendant 2133 223 proceedings when exemnt projjerty seized 2134 223 Jiomcstead exemptions, of what it consists 2135 223 proceedings when homestead levied on 2136 224 in'oceedings when homestead valued at over $2,000 2137 224 lu'oceedings when allotment of contested by creditor 2138 224 when contested by defendant 2139 225 homestead exemption in cities and towns 2140 225 no exemption in purchase, taxes or labor on property 2142 225 exempt real estate may be sold by owner 2143 225 exempt personalty may be removed from State 2143 225 homestead abandoned becomes liable to sale 2144 ^26 wife's wages exempt from husband's debts. Acts 1873. p. 78 221 laborer's wages to $100 exempt /^cts 1872, p. 13 254 no property exempt where claim is for labor. Acts 1876, \). 114 12 Fees and Fee Bill — 248 of physcian before coroner's inquest 253 193 of justice in unlawful detainer cases 1600 203 of officers in attachment for rent 1645 333-344 see "fee bill" in full Acts 1875, p. 137. Females — 158 when required to attend, when not, as witnesses... 789 Index to Civil Laic. '^^^9 'AGK. SKCTION. Fkncks— q 2(19 wh.at constitutes a lawful leiice lanu •210 on dividing; linos, liow Imilt and kept, u]. iJOH 210 parties to contribute eciually, each may build his own UOH :210 jiiivty refusing to contribute, iiouseholders to assess value.... I'JO'.t 211 old fence used, same action as erecting new one I'^IO 211 iiTOceediuKS where l>arty refu.ses to repair fence Ij^'ll 211 iiariition fence joint property, not. removed without consent 1J12 211 land vacated, parly not to contribute to fenee I'^l"-^ ■211 departure of partition fence from line, when made l!^*!'' 211 how share of removed, i>urchasers reciuire right 1|'14 211 may be removed, contribution refuse \i\o :214 for throwing down fence, gate or bars, what damaj^es re- covered ^■'-■' Ferries — see "Roads, ferries and bridges,'' Forcible Entry and Detai.\eh — 189 in what cases this action had 1-J^^^ 189 form of complaint before justice Ipo-J 189 form of warrant l-^>^f, 190 served on defemlant five days before return day loob 190 subpoena issues by justice who issues warrant 1^^< 190 court, how composed, of record of full power jocvS 191 ' the trial proceeds withoutpleadings \'^un 191 rent, who and to what extent allowed, j-J-'O 191 if judgment for plaintiff writ of possession issues 1>''_1 191 judgment, when for defendant 1^9Z 191 "two justices only and disagreeing, how judgment rendered 159.:j 191 appeals, how and when granted, no supersedeas lt^J4 192 appeal bond, when judgment torrent also l-j9-J 192 sutticiency of bond, 'on motion, inquired of l-j9*J 192 clerk to tax all costs and issue execution l-_'>'' 192 judgmentin thi^, no bar to other actions li>Jp 192 "penalty on justice failing to. attend 1-^9.) 19o fees, and when security for cost demanded ItjUO-lbUl 208 ' unlawful to kill deer at certain times, Acts 187_6^ p. 49 | 1 208 also, tiirkeys, quails, doves and other birds Acts 1876, p. 49, ^ 1 '/08 unlawful to kill mocking birds at any time Acts 1870, p. 49 j( 1 208 not lawful to rob birds' nests— exceptions Acts ]8*_ti, p. 4,), ^ 2 208 unlawful to transport at certain seasons Acts IHiti, p. uO, i o 208 penalty for violating this a-^t Acts 187*5, p. oO, |4 208 jurisdiction of justice Acts 18/_G, p. 50, i o 208 'informer of violation gets half Acts 18^(3, p. M f. t> 209 duty of officers in premises Acts 18i_6, p. ol, ^ ( 209 hunting on posted land, penalty Acts 1876, p.51, | 8 209 when this act not to apply Acts 18(6 p. ol, i v 206 see "Preservation of game and oysters. " (.lAMiNG Contracts— 148 all contracts, judgments, &c., for gaming void '. 1900 148 sales and incumbrances on property for, void ^^^^ 148 Money and property lost on bets, how recovered 1^ »"- limitation of suits therefor (see Code) '■'^^•^ Garnishment — 162 writ of, when and how issued by justice lj^2' 163 when and how issued in circuit court '^i^ ■16o lien on property surrendered ■- '■-• see garnishment under "attachment" Husband AND Wife — J56 may be witnesses for each other '^'^~'J-^ 147 eflectof death of either on suit by them "-J- -iOO Index to Civil Law. tage. section. Husband and Wife — 147 judgment in their favor revived in name of survivor 682 148 how suit brought for recovery wife's property 1783 150 what contracts void between Acts 187G, p. 261 Holidays — 151 what shall be legal holidays Acts 1876, p. 16, g 1-2 Infants — 146 may sue by next friend 669 153 how process served on 704 151 parents have full control of till of age Acts 1876, p. 32 contracts of, what required to make them valia, (see Code) .. 2898 Inquests on Dead Bodies — 246 see "Justice as Coroner." 246 Instructions to Jury — 155 shall not be given in justice court 1831 Interpreter — 144 how appointed, sworn and paid 640 Interest — 234 legal rate 6 percent. — 10 by contract 2279 234 rate on bills, notes, etc., of banks out of State 2280 234 rate on judgment where none specified 2281 234 how calculated where partial payments are made 2282 Judgments — 159 to be enrolled before lien attaches 1318 160 lien, enrolled, from rendition o30 160 have priority according to enrollment 830 160 purchaser takes property discharged of liens 831 161 no lien out of county until abstract tiled 833 142 when plea of payment and sct-ofi' 601 143 how amendments to, made in court or vacations 627 144 none by default, first term, without personal service 632 145 of non-suits, when taken in court and vacation 641 147 against several parties, when to survive 680 169 character of, in claimant's issue in certain cases 864-865 177 final, when rendered against sureties in attachment 1447 178 what, when found against garnishee 1450 187 in i-eplevin, where defendant lias the property 1533 191 in forcible entry and detainer 1591-1592 195 in mechanics lien 1614-1615 199 in replevin by tenant to try validity of distress 1630 199 in claim of third party in distress warrant 1631 205 in action to remove tenants at will 1656-1657 226 general limitation of 2153 231 interest on, when none specified 2281 254 to be special where claim is for labor Acts 1876, p. 114, ; 247 evidence to be written, accused and witness bound over -J- 248 all papers returned to circuit clerk ~-^_ 248 when to act as coroner, 248 how costs are paid . Justices as Notary Public— 248 how appointed as such and duties .....Acts i»i-, p. m See "Promissory Notes, Endorsers, Protests. Jurisdiction — lon^ 140 of jnstices in civilcases :^'^'- 140 party must be sued in his own district i^^-j 189 si)ecial, in forcible entry and detainer |^JJ 206 special in bastardy ^^- Land — . . ,.iif, 1G5 how sold, levied on by execution from justice -i-Ji'' 164 shall not be levied on if sufficient personalty found p^- Landlord and Tenant— 196 attachment for rent in arrear, affidavit and bond ItJ';^" 197 officer distraining to give notice ..■■■ Y'Tf 197 must advertise and sell unless property replevied • lo-t 197 defendant may give three months bond and replevy 16-1 197 attachment before rent due. defendant may replevy 16-- 197 effects removed, may be seized, rent not due 16--J 197 effects removed, rent due may be seized v.ithin thirty days lJ_.^4 197 effects removed and sold in good faith, not liable lJ-4 198 replevin bond, what to recite, deliver to lessor 16-o 198 limitation after end of lease j^;.:* 198 taking distrained property out of county, penalty lo-^ 198 distress must be reasonable, penalty if otherwise 1"-' 198 damages for pound breach, or rescous l^-;^ 197 tenants remedy for distress had, no rent d-ie |*^-|' 199 replevin by, to try validity of distress, bond and judgment J J-5U 199 property of others on premises, not lialde loSl 200 claim of third party ; affidavit and bond ; judgment lo^i 200 claim tried at return term, default of i)laintiff lo^^ 200 landlord may bring other action for rent in arrear Ibrfo gra 200 grantees amf lessee's entitled to distress remedy 'G|-l 200 lessees for term of years have this remedy !«•>; 200 administrators may distrain for rent. 1636 200 wife dead, husband may distrain for rent of her land iuo< 201 landlord may recover, though no written contract 16o» 201 proceedings where tenant for life dies 1|^^ -201 notice to determine tenancy, how given ■ l';W 202 distress not made unlawful by subsequent unlawful acts.... 1 '41 ■202 tenant holding over, penalty i|i|- 202 action where tenant deserts premises, appeal therefrom loio 203 death of party to replevin, not to abate action 16*^ 908 officers fees in attachment for rent jj^p 203 cases where tenant at will removed f64b lb4( ■203 aflidavitof landlord or agent, what to contain lo-*» ■203 on affidavit order of removal issues, or to show cause 164^ 204 how such order or summon served | _'i^^ 204 ■ tenant not appearing on notice, warrant issues 16-J_1 204 tenant may deny facts on which summons issued '6-^"- 204 in such case, ju'ry trial, at request of either party I'w-i 26 ^02 Inclejc> to Civil Law: PAGE. SECTION.. 204 where jury appear, further proceedinf!;s therein 1654 204 adjournments, subpoenas, penalty on jurors and witneesss... 1655 205 judgment if verdict for landlord or lessor. ...% 1656 205 judgment, if verdict for tenant 1657 205 in non-payment of rent, warrant stayed, if rent paid 1658 205 justice must keep full record and preserve papers 1659 205 certiorari may be awarded to circuit court, in such cases 1660 Lien of Landlord and Laborer — 251 (See ''Agricultural Lien Laws.'') Lien of Mechanics — 193 extent of lien ; purchaser in good faith not effected 1603 193 attaches to buildings and land — no lien except employed by owner 1604 193 builaing by tenant, land not liable 1605 193 workmen may secure wages by notice — proceedings 1606 194 contract recorded, lien att, iclies from date of tiling 1607 194 liens on wagon, etc., to repair — how enforced 161)8 194 how suit begun ; contents of petition ; limitation 1609 195 parties to suit — all interested made defendants 1610 195 defendants summoned — publication for non-residents 1611 195 what answer to contain and what claim set up 1612 195 issue formed and tried as other cases — new trials granted... 1613 195 judgment when for plaintiff and process thereon 1614 196 action when judgment against building or laud 1615 196 sales under judgments and deeds 1616 196 liens on same property, concurrent liens 1617 196 justice's jurisdiction in these cases 161S Lien on Merchants and Others — 255 against domestic water craft. Acts 1876, ]i. 55 Limitations of Actions — 226 on notes, bills, contracts and for waste, damage, etc., six jears 2151 226 on open accounts three years 2151 226 slander, assault, battery, talse imprisonment, one year 2152 226 on judgment, seven years— no execution after 7 years 2153 226 li fa. on judgments rendered out of state 2154 226 against administrators, on judgments against intestates 2155 227 what disabilities save the statute 2156 227 rule, when i)arty out of the state 2157 227 rule, when party conceals cause of action 2158 227 judgments, lien on property only seven years 2159 227 death of party, how effects limitation 2162 228 when statute begins to run against open account 2164 228 to revive barred debt, promise must be in writing 2165 228 rule as to joint obligors and contractors in such cases 2165 228 law of limitations to apply to set-off 2160 228 when suit for penalties and forfeitures 2167 shorter time limited by code this act not ia ajjply (see code) 2108 228 time of action enjoined, not computed 2170 229 not to apply to suits against banks, on notes or bills 2171 229 on bonds, contracts, etc., under seal, seven years Acts 1873, p. 42 Live Stock — 164 levied on, mustbe fed by officer — allowance 843 Marriage Ceremony — 130 can be performed by justice 1''75 Mayors — 139 ex-officio justices in this State Acts 1876, p. 33 139 must give justice's bond before exercising jurisdiction p. 33^ 139 may compel violators town laws to work out fines Acts 1876, p. 3G>' 140 can release offenders fine worked out Acts 1876, p. 40' can act as notary public, seal procured Acts 1872, p. 147 Index to Civil Law. 403 PAGE. SECTION-. Marsiialls of Towns— 139 cx-officio constalilesin this state Acts J8. .^.j 139 must give constable's bond Acts 1876, p. 83 Mills and Millers— 214 liow (lams may be evfctod 1927-1934 218 jienaltv for taking toll unless established by law 1939 218 shall grind grain 'well and in turn— toll allowed 1940 218 jienalty for neglect, how recovered 1941 218 hcaled measures must be kept 1^42 218 "strike' measure the rule 1^42 218 roads over dams, how kept up 1943 218 not applicable to i>rivate mills, operated by owner 1J44 Minors — 151 extent of jiarental authority over Acts 1870, p. 32 (See "Infants.") over 14 years may choose guardiau — mode 1232 promise of, after age, to ratify debt, must be in writing 281^8 not subject to road duty under 18 years '-^350 MORTGAGKS — 254 on growing crops Acts 18(G, p. 113, (J 11 254 not superior to landlord or laborer's lien Acts 1876, p. 114 g 11 Motions— 255 against constables when /o^-/»o attorneys and officers collecting money 523 New Trials — justice may grant, and how (see code) b4( Notary Public — 248 (See "Justice as Notary.") Non-Suits — 145 when and how allowed to plaintiff u42 145 not without consent, when set-off filed 642 149 how granted in suits against copartners Acts 18(G, p. 36 Notices— served on attorneys, valid as on party --^oo 1-55 five days to party to take deposition ^ 1314 157 ten days given in other cases 788-791 158 how served on non-resident without attorney 792 158 constable shall serve |798 255 sales by constable on ten days -^81 170 how given in sales by sheriff _ 846 182 to be "posted in attachment against non-resident Acts 1870, p. 78 183 ten days to plaintifi' to give bond, sale of non-resideufs effects ]f^„ 193 by workman to secure wages on building loUb 197 officer distraining must give notice — how 1621 201 to determine tenancy— how given 16^0 210 five days to party, on householders viewing feice 190.) 211 six months' notice to remove joint fence 1914 212 five days, lo party, on appraiser.s to value wall 1918 213 toownerof fence'-breaking stock, taken up 1922 230 of protest ■•■.•• ; ,,,._ Jr233 232 of endorsee or suretee to sue principal— and if sued Zlm-JJXM Off-Set — See "Set-off." Open Account — 142 itemized copy to be filed, when suit brought oW if sworn to before suit carries judgment— exceptions ^ 782 229 when statute bars "-1G4 rARTNERSIIIP — See "Copartner."' Passengers — See "Railroads." 404 Index to Civil Law. page. section. Partition Walls — 212 Agreement for, verbal or written 1916 '212 how built to— party joining to pay half 1917 212 parties disascreeiuV, appraisers to assess value 1918 212 if appraisers fail, or exceptions, new ones appointed 1919 212 not to be removed, damaged or altered 1920 Perishable Property — 145 court may make order to preserve from waste, decay or re- moval 661 145 how sold when attached 1466-1469 Practice — 140 suits, how commenced and process thereon 1305 340 plea of defendant, when to be made 1306 140 how cases heard and judgment rendered 1307 141 justice must keep docket and give copies of entries 1308 141 justice's courts are courts of record 1309 141 'justice's may sit together or alone 1312 141 justice's judgment bar to another suit 1310 141 fi. fa., wlien and how issued 1316 141 when suit brought, when several defendants 1320 142 in replevin, attachment and mechanic's lien cases 1321 252 in agricultural lien law Acts 1870, p. 110, § 5-7 143 consideration of sealed writings may be impeached 605 144 excessive verdict, how and when remitted 628 144 papers read in evidence to be taken by jury 639 145 referees, when issue submitted to 652 145 referees may summon witnesses 655 145 action vs. ofecer taking property under attachment 658 145 court may substitute party to attachment as defendant 658 145 if attaching party non-resident, how summoned 659 145 when defendant may pay money in court, with plea 660 145 effect of such payment 660 145 justice may order perishable property preserved 661 146 infants or minor may sue by next friend 669 146 assignee maj' sue in his own name 670 14(3 if party to suit dies, administrators prosecute or defend 677 14G effects of refusal— judgment vs. administrators, same as agaiust deceased 67/ ■ 146 administrator may continue suit if plaintiff dies 6^& 146 administrator must appear or suit dismissed _. — 6/9 147 judgment against several and one dies, how received 6^:0 147 in suits by or against husband and wife, effect of death of either ^ •. 682 147 action or judgment received against or favor of survivor.... b»d 147 af&davits may be made agent or attorney 687 •147 tow disputes adjusted between owner and taker-up of estrays ^^° 147 when dispute about marks and brands of stock oOo 148 suits vs. administrators,not to be brought before six months 1184 148 how suit brought for recovery of wife's property 1783 149 two attorneys on a side may argue— exception 2254 149 notice served upon attorney valid upon party ^2o5 149 to revive suits at law or in equity .......Acts 18/u, p. 112 150 heirs may be admitted to defend suits vs. adminis- trator : Acts 1874, p. lo 149 in suits vs. copartners, plaintiff may dismiss as to one or more ^'^^^}flp P" o- 149 jury may render for some and againstothers Acts 18£b, p. 3d 150 new trials only granted to those injured by verdict... Acts 1876, p. 3d Pleas— 142 of payment and set-off— judgment in such cases 180 601 in abatement to attachment shall be sworn to -i^W Index to Civil Laiu. ^05 Prkservation of Game and Oystkus— 206 board of supervisors to preserve '^J-^ 207 ordinances on this subject to be ])ublislicd JWU 207 justice to enforce— penalty for l)reacli ^^f} 207 {;ame, boat-^, nets of violators to be seized ioJ^ 207 persons violating to be taken before justice loJ^ 207 liow game ' 230 if bill lost, drawer being secured shall give another _^_^o4 231 bill taken for previous debt, is full payment .^yi'- 231 any party to bill, note, contract, etc., may be sued '-~^^^ 231 where suit brought, founded on bills and notes '-'f^^ 231 representatives of dead parties, how joined and sued 2238 231 various defendants, duplicate writs issue, how endorsed 2239 231 suits may be discontinued, as to certain parties -'-'40 231 verdict tor some, against others, how rendered ^~^\ 231 principal's goods exhausted, before levy on endorser 2242 Protest — 229-248 See "Promissory Notes" and "Justice as Notary." PUBLICATIOX— 182 in justices' court shall be by posting Acts 18i6, p. ir Purciiaser-s — 160 shall take property, sold under execution, free of liens o3i P1.AILROADS— 240 rate of speed through towns, penalty. 'T,iT,t 240 locomotives to have bell ring at crossings '7}u'i'> 240 not to obstruct travel on crossings ~ T-f' 240 warning sign at crossings, effect of default .""^i^ 240 penalty for injury to warning sign ~^^^ 240 freight not called for, how sold and proceeds disposed of 242/^ 241 gradesand bridges made at crossings, penalty -428 241 liable for any neglect and mismanagement of engine '2429 406 Index to Civil Law. r.VGE. SECTION. Railroads — 241 shall receive bagsage, give check, and keep till caUed for 1^910 242 double damages injuring checked baggage 2'Jll 242 liable for injury of agents 2912 242 agents liable for willful violation 2912 243 must report person jumping on cars Acts 1875, p. 31-32 21S engineers becoming intoxicated — penalty Acts 1875, p. 33 243 burden of proof en, for damage to persons or stock Acts 1876, p. 34 Referees — 145 when apjjolnted to try issue and settle accounts 652-653 See " Practice.'' Rent — See "Landlord and Tenant." Replevin, Action of — 186 in what, cases lies — limitation of action 1528 186 afSdavit before writ issues 1529 188 writ, its command, property returned on bond given 1530 187 defendant failing two da.ys, plaintiff may bond .. 1531 187 declaration, when filed, tried at first term 1532 187 plea in replevin, "not guilty" ■. 1532 187 judgment, when defendant has property 1533 187 valuation of otficer, prima facie evidence 1533 187 proceedings where either party makes default 1534 187 where surety on bond dies :. 1534 188 execution and distringas, when issued 1535 188 proceedings to perfect insufficient bonds 1536 188 liability of officer for bad bonds, amendments 1537 Roads, Ferries and Bridges — 234 overseer of, may appoint one to warn hands 2354 234 duty of one appointed, he is exempt 2354 235 hands to bring tools ordered, credit therefor 2355 235 penalty for default, delinquent list 2355 235 penalty on defaulter, how recovered 2356 235 bond of defaulter, action and judgment 2356 236 commutation money for work, $1 50 per day 2357 236 overseer receive, also money collected by justice 2357 236 pienalty on overseer for embezzlement 2358 236 no obstruction to roads, penalty for 2361 236 injuries to bj' high water, how repaired 2360 237 road-side hedges, how trimmed, dut\' of owner 2362 237 overseers must measure and post roads 2363 237 posts displaced or desti-oyed, replaced, penalty , 2364 237 guide boards at road forks, penalty for failure 2365 237 cost of posts and boards, how paid for 2366 238 mode and speed of travel on roads, penalty' 2370 238 speed and travel over bridges, penalty 2378 238 toll to be paid, penalty for extortion 2380 238 ferry tolls and rates to be posted, penalty for omission 2382 239 penalty on ferryman for bad boats and banks 2383 239 duty of ferryman, fines against, how collected 2384 239 can put disorderly persons out of boat 2385 239 right of, on stream dividing counties 2386 239 fine for obstructing such right 2386 Remitter — 144 how and when in excessive verdict 628 cures error 628 Sales — 1C9 on ten days notice, allov("ed for keeping s':ock 281 105 of land on judgment from justice, how made 1319 169 of personalty how made 1345 Stock — 324 to encourage the breeding of good Acts 18*7, p. 93 Index to Civil Law. 407 PAGE. Vendi Exponas, when Issued by Justice— 18'' of perishable property in attachment, how made... i-*"" 175 ),v sheritr on execution, how, when and where niade... »40 \m sherilf shall examine jud<^mentroll and pay oldest judgment ^ 170 notice, how piven by slierift y^^ 170 where sales postponed or continued...... 165 undivided interests, how and when sold 149 "'^'^uUrinl^ituted and revived for Act March 3d, 18TG 153 ^''""^ for reA'l7al of iudgments or suits, issued to any county 71.5 153 if defendant not found, publication to be made - ^^^ against defaulting witness Sealed Instruments— , , , , 605 143 consideration of, attacked by pica ,^,.,-. 229 scroll makes them such Set-Off— . igQQ 140 must be filed before trial commences •• ••• 140 judgment for defendant, balance due on set-ott rm-tm 142 when allowed generally and how pleaded........... •• p'ta -wk 146-229 existing at date of assignment, not prejuai^ced therebj 0 245 • damages to enclosed fruit trees, how recovered. -^_^ 245 penalty for removing boat, etc.— how recovered -^.,^ ■245 limitat'ion of action under this law. ..........•••• - oq -245 for cutting trees on state, trust "V*' 1° ffo , ^f'^lon 'g07 on lands, what defendants mny plead-effect of plea w. 408 Index to Crimincd Law. PAGE. SECTION. Trespass by Stock — 213 over lawful fence, owner liable — how damages assessed 1921 213 fence-breaking stock may be taken uj) and detained 1922 213 owner to pay expenses 1922 213 sufficiency of fence, in suit, examined 1923 213 condition of fence shown in mitigation 1923 214 damages for injuring stock, fence unlawful 1924 214 damages for throwing down fence, bars, gate, etc 1925 V.VCANCTES IN OFFICE — 255 of constable, how filled 279 138 of justice, how tilled 1299 138 removal from district vacates office 1301 137 office vacant, or justice incompetent, where suit brought 1340 Venie — 244 of suits against railroad ; y^cts 1873, p. 82 against steam boats Acts 1875, p. 124 Verdict — 144 excessive, how and when remitted 628 144 remittur cures error 628 Water Courses — 214 how dams may be built for mill purposes 1927-1934 217 illegal obstruction, how removed — duty of justice 1935 217 householder summoned failing, is fined 1936 217 penalty for renewing or obstructing dams 1937 218 not to bar private action 1938 Witnesses — 155 justice shall issue subpoena to his county '. 1313- 155 penalty on defaulting witness 1313 156 may attach defaulting witness and enter judgment nisi 1313 156 parties to suit may testify •^'21''? 156 i)arties to record and interest admitted as witnesses 75tj 155 if witness resides outside county limits 1314 156 party may force adversary to give evidence 757 156 when party can testify to claim against decedents 758 156 husband and wife witnesses for each other 760 156 six names onlj' in one subpoena 761 156 how subpoenas served on 7G4 157 scire facias issues on fine of 767 157 may sue party calling him for pay 770 167 refusing to be sworn and testify, imprisoned 777 157 can be examined to his interest, or crime 778 157 court to decide when excused from answering 778 157 what crimes exclude from testifying 779 157 in another county may demand pay before appearing 781 159 •P''*y ^^■. when not allowed attorney 2252 INDEX TO LAW— AS A CRIMINAL COURT. • Actionable Words — what words are made so 1973 jury sole judges of the damages 1973. Advertisements — penalty for pulling down 2830 Affidavits — ' not held bad for want of form 2803-2804 Amendments — made to indictments or affidavits 2803-2804 Index to 'Criminal Law. 409 PAGE. . «^"'«-^- Appeals— ,oo- 275 bond for, ami liow tried ^"'^^ \ R It E S T S 272 ' by what officers made, by private persons 27_ Bail Bonds — . 275 may be granted by justice or officer arresting t^oy 275 mittimus to name bail, sheriff to take bond i''-a(\ 276 how bonds and recognizances made payable ^j,y'j 176 proceedings on forfeited bonds, judgment nisi f'Ji^ 277 no discharge on defective bond or recognizance f^l^ 277 by whom, and when taken, proceedings in default 'l'.)ii Bonds— . for appeatauce, valid, though not inform ^-* when taken for ajipearance before justice lo^^ 276 When given in criminal cases for ajipearance 2(0(-2/yi- Brands of Stock— penalty for unlawfully making or altering ^outs-_.juj Brokers — .,_ „ 316 acting as such without license — penalty -'^^ Bridges — ^ 238 driving over fasier than a walk — penalty — J'*^ Challenges — of jurors in criminal cases ^^!?i olO to tight duels, penalty for sending and carrying loV1 such betting by any officer 20'|'^ 313 keeping any game for, or interested in them ^f'OO 313 money staked or bet liable to seizure... 2603 313 0])posing seizure of money bet on election 2tj04 313 with minor, or permitting him to bet •^606 315 Bonds— penalty for approval of insufficient Sjc. 4, Act 18(6, p. 9 313 Billiard Table— keeping for public play, unlicensed 2616 ol.j Broker — acting as, without license -'!" Butcher— must keep book of stock purchased Acts 18/5, p. 21 311 Counterfeiting — of private stamp or wrappers J-'^Q^ 311 having such stamp with intent to use 25% 311 vending goods with false stamp or label •• 2o97 319 Candies— making or selling adulterated Acts 1876, p. 2i3 292 Civil Rights— violation Acts 1873, pp. 06-69 316 Cotton — false packing liJj^ 316 Cotton Weigher— false certificate by Acts 1872, p. 96 322 Chancery Clerk— failure to post Treasurer's Report 1379 321 Churches — or school houses, defacing or injuring 2<46 319 Cutting Timber — without consent of owner 2*33 217 Dams and Obstructions — violation of § 1935 1937 821 Dogs — stealing one '-^'■-* 310 Duelling— sending, receiving or carrying challenge to fight 2531 310 person or second using deadly M'eapon in light '^ii-A 308 Elf.ctions — frauds in, and disturbing '--f'j'j 309 illegal votingat ^-r?;^/ 309 inspectors of, reading ballots, etc -'J'^'' 309 inspectors not keeping key and ballot box, etc T,^^ 309 not requiring proof, voter challenged 7i-}> 309 keeping troops at voting places -•^l'* 310 Esc.\pes — assisting convict — offense less thanfelony '--J-Ji 310 assisting arrested prisoner h?rr 311 negligently allowing arrested prisoner to escape J--jJ-j6 211 careless guarding, or conniving at prisoner's escape '-•>:)< 311 from jail ^^'^ 314 Exhibiting Deadly Weapon — not in self-defense 2699 319 Executions— refusing to point out property subject to Acts 1876, p. 25 Fke — taking under color of office, not authorized 2(11 321 Fish— poisoning, without consent of owner 2S(b 319 Gift Enterprises — and the like 2i34 ^12 Index to Crifninal Law. PAGE. SECTION, 207 Game and Oysters — violation of ordinances 1891 316 Infectious Disease — importing same, or small-pox 2719- 323 Insurance — without license 2453 279 Justice of the Peace — failing to pay over money, etc 1339 280 failing to pay fines 1342 313 Larceny — under ten dollars 2653 315 Libel — oi* speaking any actionable word 2706 285 Liquor — selling without license, etc 2690 286 selling or keeping open bar on Sunday 2691 286 owner of house permitting sold, unlawfully 2694 286 selling or bringing into prisons, etc 2696 320 Lottery Tickets — or gift tickets, selling or exposing for sale 2735 325 Malicious Injury — to animals or other property 2708-2709 317 Masked OR DijGuisED Persons — prowling about « 2722 317 associating with such persons 2725 317 refusal to unmask on demand of officer 2726 317 refusal to assist in arrest of such persons 2727 317 neglect of officers to arrest such 2728 280 Marriage Service — performing without license 1759 305 Mile Posts — or boards, defacing or pulling down 2622 318 Minors — penalty for decoying Sec. 2, Acts 1876, p. 33 313 Mortgaged Property — removal or sale of Acts 1874, pp. 54-55 313 removing beyond the State 265& 310 Office — exercising before oath and bond 254& 308 Offering Bribes — to vote 2515 285 Officers — failing to pay money receivel for license 2469' 323 neglecting or refusing any duty 2890 236 Overseer — of road, failing to apply money received 2358 318 Penning Cows— of others to milk without consent Acts 1876, p. 213 — Poor House — refusal of superintendent to give up Acts 1872, p. 129 307 Privileges — exercising any without license 1750 314 Propkrty Liable to Judgment — removing beyond State 2659 refusing to point out Acts 1876, p. 25 805 Public Road — obstructing by trees or bushes 2623 315 Putrid Meats — selling or offering to sell 2704 313 Railroads — or plank roads, obstructing, e*c 2626 242 certain penalties against agents Acts 1874, pp. 31-32 243 minors and others jumping on cars Acts 1875, pp. 78-79 321 .Facing or Shooting — in streets or public roads 2870 322 Sheriffs or other 'Officers — unlawful claims to supervisors lo7& 321 Shooting or Rac'ing- -in sti'eet or public road 2870 305 Stream or Bay — obstructing navigable 2624 322 Supervisors — members voting for unlawful claim 1379 g22 not to have interest in contracts by 1389-1393 322 taking contract to build bridges, &c 1390 allowing pay to discharged superintendents Acts 1872, p. 131 assessing over 90 per cent, of county taxes Acts 1873 p. 77 308 Telegrams — disclosing contents, or failing to deliver 2436 314 Telegraph Lines — wanton injury to 2702 315 injuring or obstructing 2435 323 must use for State in cases of riot, &c 2434 321 Treasurer — willful failure to report each meeting supervisors 1377 308 Vote — offering bribe to induce 2?^^ 308 using threats to induce 2316 2^59 Vagrants — definition of and jumishment 2837-2838 Index to Criminal Law. 4:13 SECTION. STwEAPON-cxlubitiug deadly, not ia self-defense >, '^099. Acts 1875, p.^197 320 Woods— setting fireto , ;^ 314 Will— altering, destroying or secreting -^_ 321 Doos— stealing made larceny 297 DROVER-see "Penal Suits triable by justice. ' ^^_ ^^_ 308 ELErrioNS-fraud.s and disturbances at, penalty """'^^ 309 iUeg=tl voting penalty ■•;;-;; ^ 309 penalty on oftcers for frauds 2;J39-2M(» oQi) for tampering with ballot box ,,.., 30q not requiring vote to produce certiticate ,;^^^ 309 knowingly taking illegal votes -,^.^ refusing legal votes ■•..•. ._,-^^ 309 keeping troojis at voting places - ^ preventing electors from voting » .^.^j. refusing to register a voter Embezzlement — ^ . ., n iif„i.«;oc see title "As a Court of Inquiry, for all felonies. Escape of rRisoxERs— _ _ ,^..^ carrying implements of escape in jail • -'.'..^ iorcible rescue of prisoner ,^U^ attempting to escape .J-g^ •310 aiding escape from custody ot otbcer....... 311 private person permitting escape Irom him -J^„ 311 oflicer delaying to execute warrant -..-. 511 officer receiving gift for escape.. _....• -_^-^ '^G-> escaped prisoner taken though term expued ^ penalty on prisoner for escape EsTRAY Law— 290 any one violating 274 ^'"'"''SJof notes, bills, bonds and how ascertained ^ •I74 papers to establish perjury, detrained by court j^ 274 subpa^nas in vacation for grand jury-how ^^.^ 274 insulting words is, in assault, and oattery see "Witnesses.' "^"''"p^naltT for refusing to point out property subject lo...Aftts 1870, p. 2-3 Extortion— 2712 by public officer— penalty • Vnia'iHiK'n 137 i> 14 344 in the matter of taking fees or costs Acts lb/o,p.io-, i j-± Fees— , . , 2782 273 to officers and others making arrests...... amTVsT.V'ti 137 iJ 14 344 penalty for taking others than in fee bill... Act^ lb Marks of Stock— . penalty for unlawfully marking or altering l-M^-l-MJ 317 " penalty for wearing, doing unlawfully 2722-2729 • Mills— 298 See "Penal Suits Triable by Justice." Overseers of Roads — _ 236 failing to call out hands on special occasions ^;wU 237 failing to measure and post his road f;^>J 237 failing to place guide boards at forks of road , _^;W-^ 237 failing to replace posts destroyed -** Penal Suits Triable by Justice. 299 Attokney— proceedings against, failing to pay over money 22u3 238 Bridge— driving over faster than walk -3'8 297 Constable— failing to execute and return execution '^8l 256 collecting and not paying on demand ~^^ 256 making false return on any process ^^j 298 Cotton Seed— becoming nuisance at public gin _ 19^^ 316 Corn— selling between sundown and sunrise Acts 18<6, p. 263 297 Drover— or other person, driving cattle from range 300 296 EsTRAY Law— any person violating '^^'-' 238 Ferries— rates of, fixed— penalty for extortion 2380 OOO ..„t„„ */, ^^r. v>^ofr>,l v.onnlt^T fni- ll pf n 111 t ZoOS 238 rates to be posted— penalty for default 239 boats and landings to be safe— penalty ~^^ 239 first Some, first served— penalty ^^°3 300 persons forcing themselves into— penalty -^°-^ 300 hindering or molesting landing of boats -^^^^ 299 Flour— selling unwiiolesome 7,^,1], 299 selling barrels of, short weight -~'^^ 297 HawKERS— or pedlars, without license \-i\\ 298 refusing to show license ^'_" 300 Inspectors— receiving unauthorized lee — '*^ 416 Index to Criminal Law. PAGE. SECTIOM. 2-57 Jurisdiction — where mortal stroke is given ii> one county and death occurs in another 2750 279 Justice — failing to pay over money or fines 133U 280 failing to make return of fines to Auditor „. 1342 192 failing to attend in unlawful detainer suit 1599 Marriage Certificate — failure to return for record 1701 21b Mills— lakmg toll at, unlawfully 1939 218 failure to grind well and not in term 1941 298 not keeping sealed measures at : 1942 298 not keeping dam, on which road passes, in repair 1943 237 Overseers of Roads — failing to measure and post road 23G3 230 failing to call out hands on special occasions 2300 237 failing to replace posts destroyed 2304 237 failing to put guide boards at forks of road 2305 298 Poor — relations of, to maintain, ordered by board of supervisors 1980 240 Railroads — how to sell freight if noownerfound 2427 241 must erect bridges and keepcrossingin repair 2428 241 liable for damages for neglect 2429 242 baggage masters injuring trunks, penalty 2911 248 minors and others jumping on cars of.... Acts of 1875, pp. 78-79 230 Roads — falling tree on, or obstructing any way 2361 237 failing to trim hedges on, ordered by overseer of 2302 238 keep to the right of, penalty 2370 323 Road Hands — refusing to give list of, subject 2351 oOO may be called out when necessary 2353 310 Seed Cotton — selling between certain hours Acts 1876, p, 263 294 Sheriffs — failing to return execution 227 295 failing to pay money collected at once 229 296 failing to pay surplus to debtor 230 290 failing to deliver to successor goods unsold 232 297 Supervisors — suits by and against 1384 appropriating money illegally 1380 128 approving insufficient bond Acts 1870 p. 9 289 Transient Vendors — selling without bond or deposit 1744 244 Trees — cutting down certain kinds 2473-2480 300 "Weights and Measures — selling without standard 2274 Pedlers — 298 See "Hawkers and Pedlers." Poisons and Poisoning — definition of, and punishment 2069-2671 321 of fish unlawful, and penalty _ 2870 unlawful to sell or give away : 2742-2745 Poor— 298 relations of, to maintain, when ordered bj- supervisors 1980 Practice or Criminal Procedure — 259 Accused — has right of counsel and to cross-examine 2829 259 Advertisements — penalty for pulling down legal 2830 201 Attempt to Commit Offences — how punished 2887 Bail — when, how and by whom taken 2787-2792 261 Bank Notes— indictment for passing illegal, less than $5 00 2504 207 Betting — on horse race or shooting no oifense ._ 2009 267 on elections or games, warrant must issue to seize money bet 2603 261 Brands of Animals — where doubt as to owner 2510 200 Compromise of Misdemeanors — how done 2867 Continuances— facts may be admitted by either in application 2800 210 Conviction— not to be Droved where agreement to conceal 2510 Index to Criniijial Law. ^1*^ PAGE. SECTl^ON. 260 Defectivk Bond— valid to hold prisoner - -"J" 262 Duels— allintercsted in, inelligible to office -^^22 262 i)arties in compelled to give evidence, itseftect '^"ij'^ 262 Escaped Trisoner — retaken, though term expired '^'^^^^ 257 Fines not Paid— justice may imprison ^•^^" 260 Fines Collected— paid to State for school fund i -'^'*'-^ 260 Forgery— what offences adjudged to be 2504-2;j7I 261 Former Acquital or Conviction— proved bar to action i^8Hl Fugitive Criminal— iustice must endorse warrant for arrest of... 2826 266 GAMiNc—what indictment for to contain, money to school fund 2C08 266 laws on, remedial, not penal "^I'W 267 what may bci)roved in trial for 7)!--\^, 267 all officers must enforce laws against -^J^" 260 Insane Criminal— reported to chancellor ^^'' 257 Justices of the Peace— proceedings in criminal cases before 1322 257 jailor must receive prisoner on command of 1324 258 "are conservators of peace in all cases '~ti^y\ 258 may take bonds and recognizance -'--l 258 shall issue warrants for all offenders and commit '-o^f 258 may take statement of accused .^il 258 may recogt:ize witnesses or commit them 'o^n 259 may issue subpoena to any county T^^a 259 may issue warrant returnable to county of offence ^e-^Iri 258 may issue search warrant, how property disposed of -8^4 272 Jail Guard— how sheriff gets, and their pay • "-^^^ 262 Kidnapping— when tried, consent, no defense, exception 2650-2651 Larceny— taking produce from soil and carrying away is 26t)5 272 Libel — truth of may be given in evidence -'07 261 Male Gender— includes both and singular and plural 2880 271 Masking— made unlawful, exceptions -''-^l 269 Manslaughter — what shall constitute 2633-2645 268 MuRDER-'what shall constitute 2628-2629 269 when killing shall be justifiable and excusable 2631-2632 272 Notes and Securities — void to companies unauthorized by lav.- 2500 261 Offenders— all officers must inform against and prosecute 2888 260 Peace Bond — when it may be required 'looi 260 Penalties— when none prescribed, how punished -8G3 2(j6 Perjury — perjurer can be arrested in open court 2fj63 268 in such cases, Avitnesses recognized __ 20|^^ 268 what indictment lor, to contain l-bbr-JbOCi 261 Prisoners— no discharge of, save acquitted on merits -882 271 Rafting — to engage in, how permission procured 'Iw-U 271 justice must enforce law of. proceedings therein 2.i\^ 559 'killing in duelmurder 2ooL 582 Perjury— crime and penalty 2660-2668 :>'■<■) Poisoning- crime and penalty 2069-26/1 592 Purchasing Dead Bodies— same being disinterred for sale 2716 .586 Rafting— on trust, school or state lands ^ 2684 584 Rape— crime and penalty 26/2-2673 57G Railroads— injury to or throwing cars from track 2627 581 Receiving Stolen Goods— or buying same 2657 562 Registrar— refusing or neglecting to register legal voters ^ 2546 584 Robbery— crime and penalty 26/4-2678 592 Robbing Graves— crime and penalty 2^1o 559 Seduction— of female under 16 years 2o30 Index to Appendix. 421 TAGK. SrCTION. 587 Trkason— Clime and penalty -^*^ 590 Unwiiolesomk Provisions— selling same '-^"O^i 81 Warrants— collector speculatinj^ in or witli •^>-' INDEX TO APPENDIX. PAGE. Acre of Ground— ^„ how to lay off l^i'J number of trees or plants sufficient for "''* Bonds — o-n of public officers •-"^'J €ongrksstonai. DrsTuicTs— ^. how constituted '-''-' Counties and County Sites— alphabetical list of "^^'^ ■Courts— ^.. Supreme Court of Mississippi \^^^ Federal "ir.qVo Circuit and Chancery '-•"*" *-'" Distances — „_.-, how estimated in various countries ^'*> Fees and Salaries 332-342 Interest — „_, how to calculate "'^ Legal Terms— o-r^ qoi Dictionary of o(b-db4 Legislature — „-.^ apportionment for House ^;::?- apportionment for Senate '^^^ Mississippi PavEu— „-,, distances from Vick>-"f)urg "^'*^ Postage — on domestic nuxil matter referees. tax collectors. tax assessors.. 374 Post Offices in Mississippi — alphabetical list of 3o8-o04 Railroads— showing stations anddistaiice odo-o -< :lOSANCElfX>. 'rnKMi^^ o {•1 ^^AavHan-^"^ ^OFCAIIFO^. 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