The Yazoo City Whig. [volume] (Yazoo, Miss.) 1844-1851, 1846-04-21
LAWS OF MISSISSIPPI.

An act 10 regulate the practice and proceed
ings in the action of eiectment, and for
other purposes.
SECTION. l. Be it enacted BIZ The Legisla~
ture Of the State of Mississippi, That in
actions of ejecinent or other possessOry or
real action, 10 the courts of law in this State |
wherein the plaintiff shall recover, it shall /
and may be lawful for the jury to allow by
way Of offset to any damages assessed by
than in favor Of such plaintiff, the value of
all valuable, but not ornamental improve
ments made upon the lands and premises
recovered, and remaining thereon at the
time of such trial; provided that such i'm
provements have been made anterior TO any
written notice Of the intention Of such plains
tiff TO institute such action having been serv-
ed on the defendant; and in case no such
notice has been given them, provided, that
such Improvements have been made one
year prior to the commencement of such &C.
| ton.
Sec. 2. That in case Of any seperate suit
or acuon for such damages, or for mesne
profits or rents, issues and profits instituted
after any such recovery as is specified in the
foregoing section, the same right of offsett
shall exist and be allowed TO the extent
named in said section.
Sec 8. The if it shall be proved TO the
Jury trying any suchqueston Of damages or
mesne profits or rents, issues and profits,
according 10 the second section thereof that
the value of such Improvements Of perma-
nent and valuable character exceed the a.
mount Of such damages, mesne profits OF
rents. issues and profits, then it shall and may
be lawful for said jury TO certify that fact,
and the amount of such excess with their
verdict or finding, and thereupon the court
Ishall give judgment in favor Of the defendant
for such excess, which shall operate as a
lien upon the land ard premises recovered
by the plaintiff in preference TO all othel
liens against him; and executions may issue
therefor as on other judgments; provided
+ however, that an execution issued upon an
such judgment shall only be levied upon tht
land and tenements so recovered; and if lhC
money SO realized from such sale, under sal,
Execution, shall not equal the amount O
: said Judgment, the same shall nevertheless
t be satisfied in full, and no execution shall
q ever after be sued out upon the same.
Sec. 4. That this act shall not apply i
favor Of any defendant who may have entel
. ed into or upon the lands or premises so re
Il covered, without color of title or with
e strong hand, but only in favor of a bona I'D
(, purchaser Of the land from which he may
elected, who has made such improvement
Il without notice of the rights of the plaintiff
le the action.
a. Sec. 5. That no writ of possession or othC
is wri: or order for restitution Of any kind
:. description. shall issue, after the recover
prescribed for in the FIRST section Of this a
- when it appears that the value of said in
$ proVemenis exceeds the amount of the dan
K. ages assessed until each excess shall ha'
an been fully paid and satisfied.
tn Sec. 6. That it shall be lawful for al
- defendant in any Of the actions named
r the first SECTION Of this act, to notify &
ne plaintiff or his attorney Of record at the
no turn term of the process, that said desenda
Vs. will claim an allowance before the jury
- 1.-The Improvements embraced by the prov
s :, hons of this act; and after such notice I
Ills defendant shall be entitled TO prove the val
Is of such improvements on the trial, aud /
of jury shall find and certify the same with III
:. verdict: and If the Jury shall find no da
IaOeS AOf ING ptdtAAttAA8 VI 1toAAtnuA va
Ter aces, then the writ of kabfTe faciGs poss
sioneap. or other order Of restitution. 81
I. be stayed until tie full amount SO found |
certified by the jury, shall be paid and
ms isfed in manner horeinbefore provided f
:. Sec. r That the provisions OF this
"a shall exieLd to all cases of recovery by
-. or more joint tenants, coparcenors or tens
'ns i'd common, or any person or persons ella
- ing by, through or under them, or eilhel
'a'e Them; against any other Joint tenants, CO
cenors or tenants ID common. or any pei
Ion, or persons claiming By, through or VI
q them, or either Of them; agains, any o
anu joint tenants, coparcenors or tenants in {
mon. or any person or persons claiming
flee through OF under them, OF either Of Il
ped Sec. s. That this act take effect, an
ii or in force from and after It's passage.
ppy. Approved, March 5, 1916.