Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-04-26

Court oil Chancery, and snail receive
for their services the same fees and
compensation. as they are or may be
entitled TO by law far like services in
relation to the Superior Court Of
Chancery.
Sec. 7 BE IL further enacted; That
said District Chaucery Court hereby
directed 10 be holden, shall have their
respective seals, with the substance of
their titles around the margin and an
eagle in the centre, to he procured by
said Vice Chancellor and TO be paid
for, on his certificate, out of the treas
ury; and until the procurement of said
seals of the clerks of said courts or
of said Vice Chancellor shall be sufi-
cient in all cases wherein an official seal
said court may be needed.
Sec. 8 Be 1t further enacted, That
said Vice Chancellor may order spec
ial terms Of the aforesaid courts, when
in his opinion the public interest may
require, on giving thirty days public
notice thereof in some one or more
newspapers, most convenient for that
purpose; and at such special terms all
unfinished business Of the said courts
may be taken up. unless the same shall
have been specially continued to the
next regular term.
SEC. Q BE 10 further enacted, That
1t shall be lawful iof any defendant or
defendants lie said District Chancerv
Courts, to remove any cause therein
pending against such defendant or de-
lendau;s, or any original proceeding, to
the Superior Court of Chancery on
proving to the satisfaction Of the Vice
Chancellor in term time, by affidavit,
that said defendant or defendants, If
there be more than one of them, reside
and have a freehold all of them without
the said district, and within the limits
ofthis state, orin case part of said de-
PENDANTS are non residents of this state,
then the affidavit shall show that such
Of the defendants that reside within
this state, have their residence and free
hold without such district and now
within the same: Provided, that such
application be made within ten days af-
ter the return ofsuch process executed
against defendant or defendants: And
prorided also, that in all cases arising
under this section, the Vice Chancellor
shall be further satisfied that the mat
ter or thing in controversy lies nor
within said district; and no cause shall
be dismissed from District Chancery
Court ior want ofjurisdiction, if nei-
Their party apply for removed of the
same to the Superior Court Of Chance
ry, and the case is Of such nature thai
it might have been originally common
ced and prosecuted in said superior
b Court Of Chancery.
Sec. 10. BE Il further eaacte{, That
any bill, petition or plant, originally
commenced in said District Chancery
Court may be removed for final adiudi-
cation 10 the Superior Court of Chan
Gerry, on the application Of any defen-
dant thereto, supported by the anida-
vii of the annlicanf within five da,.s o
the commencement Of the term tC
which the process shall be returned ex
/ ecuted, showing TO the satisfaction o
the Vice Chancellor, that wilbou, sucI
removal injustice may be done in tht
! cause, and all cases removed from an,
, District Chancery Court to the Supe
rior court of Chancery under the pro
visions Of this act, shall be proceeds
with the final adjudication, as if tn
. same had therein originally common
ceJ.
Sec. IL. BE ittsrther enacted, Tia
, it shall be lawful at any time, by cor
/ sent Of parties, TO remove any caus
pending in said District CHANGER
. court to the said Superior court c
; Chancery, and any cause pending i
said Superior Court Of Chancery, t
the said District Chancery Courts, an
., from one of said District CHANGER
>, courts to another, and the said cause
. shall be proceeded in as if CONNER
4 ced originally in the courts to whic
they may be so removed.
ri Sec. ~. BE It turtle, enacted, Th;
n when any cause shall be removed UT
. der any of the provisions Of this &C
4 it shall be the duty of the clerk of ii
ri proper court, to transmit I'll pape
% connected with the cause, to the cleI
i ofthe court to which they may hay
\ been ordered to be removed, and
,r certified copy of all the proceeding
10 had therein prior to such removal. t
:, gether with a bill Of all costs whic
q may have accrued, and said costs sh;
a be taxed in final bill Of costs in Il
=, cause.
e. Sec. 10. Beu further enacted, TIL
!, it shall be the duty Of the Governor
If this state TO appoint Vice chancell
in said district, who shall hold his off
., by virtue Of such appointment I'm
~ the next general election in Novemb
70 lS43, and until his successor is qua
10 fed.
II Sec. IA. BE IL further enacted, Tt
W Il III W. CLu-zoIIz. I'LL - &,