Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-04-08

Il
plcation is based, and il shall be made TO
appear 10 the satisfaction OF said court by
the affidavit of said petitioner, or other
competent and legal evidence, that such
order of sale or compromise will promote
the interest Of said estate.
~. Be ii further enacted, That no Or
ders Of sale or compromise shall be made
before the term of the next court succeed
ing that to which the petition is filed Tor
that purpose, nor until notice shall have
been given in some newspaper printed in
the county, if there be one, and if not at
the court house door, and two other public
places in the county, for at least twenty
days, Of the character of the application,
specifying distinctly the claim or claims
intended to be sold or compromised; nor
shall any order of sale or compromise of
claims under the provisions Of this act be
made until after the lapse oftweve months
from the time at which the letters testa-
mentary or Of administration were granted.
20. BE Il further enacted, That all sales
made under, and by the provisions of this
act, shall be for cash at the courthouse
door on the days provided by law for She
riffs sales, provided that notice of The
time and place of sale, distinctly specifying
the claim or claims intended to be sold
shall be posted up at the courthouse door,
and be published in some newspaper IN
the county, if there be one, twenty days
previous 10 the sale.
80. Be IL further enacted, That within
ninety days alter sale or compromise
made, as aforesaid, report, under oath,
shall be made to the court by the execu-
tor or administrator as the case may be,
stating explicitly The terms of compromise
or sale, which report shall stand for excep
tons until the term next succeeding the
return thereof, and for reasonable cause
shown, said report may be disallowed, and
said compromise or sale set asidu and va
Gated.
80. Be Il further enacted, That where
any Judge Of Probates shall be related by
affinity or consangunity to any party inte-
rested in any proceeding in his court, it
shall be his duty to transfer said proceed
ings to the court Of Probates Of some ad.
joining county, and the further proceed
ings in such case by the Judge OF Pro-
bates of the county 10 which the same
shall be transferred, shall be as valid and.
conclusive as if he had original iurisdc.
ton thereof, provided, that by consent of
all parties interested in such proceedings,
which consent shall be entered Oh the
records as part of the proceedings in the
case, the disability of the Judge, from the
relationship or previous employment as
counsel or attorney, may be waived, and
his competency 10 try the cause restored.
VII. BE il further enacted, That all acts
and parts Of acts contrary to the provi-
sions Of this act, be and the same are here
by repealed. and that this act shall be in
force from and after its passage.
Sl2 Be ID further enacted, That when
ever any executor, administrator or guar.
dian by any operation of law, or in obed.
ence TO the process of any Probate court
in this State, shall render final account
of his administration or guardianship, the
Probate court having cognzance thereof
shall cause citations 10 be issued and sery-
ed upon all the legatees, heirs, or distribu-
tees of the teslators intestale, or upon
the wards as the case may he, if such heirs,
distributes or wards, reside within the
county in which said court sits, citing them
TO be and appear before said court on day
certain, not less than forty days after such
citation shall be issued, to show cause why
such final account shall not be allowed,
and decree made thereon accordingly,
and whenever such heirs, legatees, and
distributes, Or wards, shall be non.resi-
dents Of this State, or reside beyond the
jurisdiction Of the court, so that process
cannot be served on them, the said execu-
tor, administrator or guardian shall make
affidavit Of the fact, and The said Probate
court thereupon shall cause publication
10 be made in some newspaper in this
State, citing said absent heirs, legaiees,
distributes, or wards, to appear before
said court on day certain, not less than
sixty days from and after the first nser-
ton Of the citation or notice, TO show
cause why such account should not be al
lowed, and decree made thereupon accor-
DINGHY; and, when any such legatees, dis
Tributes, heirs, or wards, shall be minors
or insane, such citations, as to them, shall
be served on their guardians by name and
character, and in case such minor and In.
sane persons shall have no guardian, the
said Probate Court shall appoint guar
dian or guardians, ad LIEN, residing in
the jurisdiction Of SAID court, who shall be
cited as aforesaid, and may appear in the
cause in the same manner as guardians ad
Item may do in a court Of equity.
9l3. Be Il further enacted, That 10 adj
dition to The rules heretofore prescribed