The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1841-06-11
natUs 0f sEtsstsstDnt
AN ACI

ANACT
Authorizing the Chancellor to exercise cer-
tain necessary powers III vacation. and
for other purposes.
SECTION i BE Il enacted az the Legis-
Eature of tie State Of Mississippi, That
the Chancellor shall have power 20 appoint
receiver il vacation before CRATER answer
fled whenever the interest be the parties
litigant shall make such appointment neces-
sary, provided, the party praying the appoint
lment shall have given the opposite party,
his agent or solicitor, at least ten days notice
Of the time and place Of making the apPl-
cation, and one additional day for every 80
miles travelled thereto.
SEC. 2. Be 1t further enacted, That II
shall not be lawful for the Chancellor to en-
terrain any motion to dissolve any iniunc-
ton upon matter set up by the answer Of
the party, unless the answer setting up such
matters shall have been lodged with the
clerk Of the court at least thirty days before
the motion to dissolve be made, and the OPP
posite party, his agent or solicitor notified
for the same length Of time that the answer
has been lodged and that the motion will be
made, provided: that the provisions of this
section shall not apply to cases where the
injunction shall have been granted more than
forty days before the commencement of the
term.
SEC. 3. Be It further enacted, That the
Chancellor may hold the terms of his court
at Jackson for the space Of nine weeks for
each term in each and every year if the
business so long require it.
SEC. 4. And belt further enacted, That
whenever it shall be alledged, that the SEE
curity in any injunction or receivers bond
is insufficient, the Chancellor or any one Of
the Judges of the High Court of Errors and
Appeals shall have the power to hear and
determine the same in vacation, upon the.
Opposite party being notified as prescribed
in the first section of this act, and may or
: der the injunction to be Dissolved, or receiver
TO be suspended or removed, unles the bond
! be perfected in twenty days Or such longer
) time as he shall appoint.
: SEC. 5. Be 1t further enacted, That
in all cases wherein money shall be paid
into the court of Chancery under it's order
! the clerk of the said court or the Treasurer
of the State shall act as the receiver of said
: money, the first clerk or Treasurer giving
such bond and security for the safe keeping
thereof as the Chancellor shall direct.
SEC. 6. Be It further enacted, That
whenever an injunction shall be granted to
: stay the sale of property levied on by virtue
Of any execution, the Chancellor shall have
power to order the restitution of the proper.
\ ty so levied on to the complainant or CONF
= plainauts who may be entitled to the pos,
session thereof, provided: that the said com,
: plainant or compliments give bond and Sc.
! curity in double the value of property Ito
be assessed by the Sheriff or other officer
! making the levy payable to said Sheriff or
: other officer, conditioned that the said pro-
! perry shall, in case the injunction be dis
: solved, be delivered to said Sheriff or other
:, officer.
! ! SEC. 2. Be 1t further cnqcled, That in
: all cases, wherein an injunction shall issue
, TO stay tie sale Of property levied on By vir-
! !, tue of any execution and restriction of such
: property be made as provided for in the fourth
: section of this act, the lien on such property
7 created by the judgment or decree and the
Il execution by virtue of which said levy shall
= be made, shall remain in full force, and the
I said Sheriff or other officer to whom the zen
= ditiOni erponGS or other order of sale may
J tissue, shall have the power By virtue Of said
] Uenditi0ni erPOnas brother order Of sale Ia
= seize upon the property so levied on.
2 SEC. 8. Bet further enacted, That here
2 after the damages awarded BY the Chancel-
J. Tor on the dissolution of an injunction, and
Y the damages awarded BY the High Court Of
Errors and Appeals upon the afimance 81
er the judgments below, or dismissal Of the
j. writ Of error OF appeal shall be Eve per cenl
Of and no more.
r SIC. 8. Be Il further enacted, Tha
as damages at the same rate as the law allow
o upon dissolution Of iniunctions . judgmentl
II at law, be allowed upon the dissolution o
i iniunctions to sales under deeds Of trust and
Be that the execution issues against the com
Ut plainant in the injunction bond for such dam
IL ages as the Chancellor may award
ch SIC. 10. BE Il further esaesed, Tha
mt the Chancellor and the Judges Of the cir
81 cult court when thereunto required, shal
81 grant iniunctions upon bond being gigsI
ID with security in the amount Of Tie deb
AZ sought % be enioined.
IA SEc. IL. And be K further esdcted. Tia
this act shall take effect and be il force froE
and after IFS passage.
he Approved February 6, 1871:
ls- Adrice To people n gsaeral. SubscVit
r.