The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-03-28

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An act TO amend the several laws ofthis State
IN relation to the Courts Of Probate;
sect,l /. Belt enacted By The Legislature Of he
State q .uisHisppi, That it shall be the duty Of
the Probate Judges TO keep in their courts res
PectiVely adocket book Of all casessrending in
their courts, on which docket shall be entered
nths order, IN which they are made. III appIi.
cations for letters testamentary Of aaministra-
ton and guardianship, and all other suits or
causes IN said courts, whether BY bill, petition,
or n motion, and whether the same be ex porte
or Oetweentwo or more persons, litigantin said
courts, and at each Term Of said courts it shall
be the duty Ofthe Judge theteoflt5 take up and
dispose ofthe business pending between them
in the order in which the same is entered upon
their duck els. WI ss aan 3.
Sec. 2. Be itfartter enacted, That in AL ca
ses In which any Couti Of Probate shall make
and enter d Judgment and decree aguinst uny
party htigant therein, Or against any executor,
administrator or guardian prepayment Of sum
Ofmoney BY said party Etigant, executor, adj.
nintstrator or guardian u any other party en-.
tItled to the same, by the terms Of said iudr-
ment Of decree, said court shall have W. to
enforce a compliance with the terms Of said
Judgment or decree by process pF fert yactas, il.
sued by said court feturnable to d term Of said
o%ourinot iessthan six mormon than eight months.
from the test Of said writ. which process shall
be executed BY the sheriiTof the prop r court.
upon the lands and tenements, goods and chat.
tells OF the party against whom the same sh,ll
issue, or BY process Of attachment against the
person OF the party against whom theiudemen,
or decree shall have been rendered: PropiGed
that no such attachment shall issue, until me
party against whom the same is prayed shan
nave been cited to appear at some regular term
OF the court to show cause why ii should NOT is.
sue, and If upon the service OF the citation Ire
.a. T t4L - b. NA~ hNN
party shall Tail to appear, or shall not show
good cause against the issuing Of the ettach
H1ent, the court shall issue a peremptory attach.
nnent commanding the sheriff to imbrison the
person or persons Of the party until he or thew
shall comply with judgment or decree Of the
court.
Sec. 8. Be aJafther enacted, Tha, the courts
ofPrOba.e shall have power, and they are here.
by requiredtO entertain bills of review for the
correction Of any inteFloSutary order or final
decree OF said courts, in the same manner and
according to the same rules as the same are en-.
tertained BY courts Of equity. In proceed VS.
for the final settlement Of any executor, adj
ministr, tor or guardian, any person interested
may, by bill Of review, open and cause to be
examined BY the court any annual and partial
settlement, made by such executor, admins.
traitor or guardian, and surcharge and faIpify
the accounts rendered upon such annual or
partial settlemen and persons interested may
at any time, within two years after final settle.
ment, by bill Of review open the account ofany
executor, administrator or guardian, and sur
charge and faIsify the same, and not after saw
ing to minors and entes covert the same time u-
ter the removal Of their disability.
Sec, 4. Be Il Further enacted, That no order
or decree, affecting the rights OF interests of any
minor, shall be valid and binding upon said mi.
nor Or his or her interest in any estate, admin-
islered In any court Of Probate within this
State, unlessby his or herguardian, ifa resident
the county in which the proceedings are
shall be first personally served, with FIVE
days notice, to appear and defend the rights oil
the said minor, or fine guardian of such minor
be not resident of said county, and do not ap-
pear, or if the guardian, whether resident or
not o. the county, be q party personally inter-
ested TO give validity and effect to any such or
or decree, the. court shall appoint a guar
dian I'd Item to protect the interest Of such
,
Sec. 5. Be aftrDer enaced, That go much q
ofthe law 70 which this is an amendment as Al. 1
.ows to creditors Of an estate, resident within 8
State, eighteen months, and to non resident I
creditors three years, within which to present s
heir claims against said estate, be, and the t
'ane is hereby rePealsdh and hereafter alt I
against the estate of agdsceased person.
hall be presented to the executor or admins I
thereof, within two years after advertise !
made oflhe grant q letters testan,enlary i
Ct administration, Or they shall be bsrreds /
ind e authorize the collection Of any claim a
ind the payment thereof BY the, executor Or a
administrator, the same shall be first probated i
y the court 10 which the estate is administers 8
q, shall be recorded therein and shall be .certi- .
ied by the Judge thereof, under his hand as ,
EXAMINED and aIlowed.p il
Sec. s. Be'tJarAer enacted, That the court II
prooates may order any executor or admin Il
'lTa'or whO has given bond, and qualified, or
nay hereafter give bond and qualify in c
ny Of sald courts TO act as such to sell or com. v