The Ripley advertiser. [volume] (Ripley, Miss.) 1843-1897, 1846-04-04
LAWS OF MISSISSIPPI.
AN ACTto amend The several laps of mis- az

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AN ACT TO amend The several Aaps Of his Sta,
in relat on 10 The Couris IF ProJates.
SEc' l. That it shall be the duty of the pruba,
Judges to keep in their courts respectively
docket book of all cases pending in their courts
o" wn'ch DOCKET SHAH be entered in the orde
w "hich tney are made, all applications for let
'e's 'es'a'henta,y OF ad ninstration and guar.
dianship, and all other suits or causes in said
courts, whether by bill. petition or motion. and
whether the same be exparte or between two or
more personS, higant IN sand courts, and a,
each term OF said courts il shall be the d.'y O
the Judge thereof to take up and dispose o The
niSiness pending between them in the order il
winch the same is entered upon their dockets
=. lhat IN all cases IN which any court oil
probate shall mike and enter Judgment and
decree against any party Ii,igant therein, or a
gains, any executor, administrator. or guardian.
Ior payment OF sum of money by said party
shlsant, executor, administrator, or guardian to
any other party entitled to the same, bv the
terms OF said judgment or decree, said court
6hsH nave power to enforce a compliance with
the terms OF SAID Judgment or decree by process
oiHefi ja''ds issued by said court returnable to
term OF said court not less than six nor mora
than eight months from the test of said writ.
which pfoce S shall be executed by the sheriff
men's, goods and chatteIs of the party agains,
whom the same shall issue, or by process of at.
tachment against the person ofthe party against
whom the judgment or decree shall have been
rendered; provided, that no such attachment
shall issue until the party against whom the
same is prayed shall have been cited TO appear
At eo'ne regular term of the court to show aause
why 1t should not issue, and upon the service of
fhes citation the party shall fail to appear, or
ar ST MT snn.- ,,A l.
OF the attachment, the court shall issue per- |
emp'ofy attachment commanding the sheriff to
'mprlson the person or persons of the party I'm
al he or they shall comply with the Judgment or |
decree of the ccult.
l. 8 That the courts of probate shall have |
power, and they are hereby required, to enter
tala bills Of review for the correction of anv in |
terocutory order or final decree of said courts,
IN the same manner and according to the same
rules az the same are entei tanned by courts of
equity. In proceedings FOR he faa settlement
OF any OK cutor, Administrator or guard, n, any |
person interested may, by bill of review open
and cause TO be examined by the court any an |
nual or partial settlement, made by such execu. I
tor, administrator or guardian, and surchar
and falsely the accounts rendered upon such an
nua' or partial settlement. and persons nteres
ted may at any zine, within two years after Fl
nal settlement, by bill of review open the &C.
count OF any executor, administrator or guard |
an and eurcharge and falsely the same, and not
after saving to minors and femes couert the same
time after the removal of their disability.
! That no order or decree, affecting the
rights or interests OF any minor shall be valid
and binding upon said minor or his or her inter
est IN any estate, administered in any court of
probate within this state, unless by bus or her
guardian, If a resident Of the county in which l
the proceedings are had, shall be first personally
served, with five days notice, to appear and de.
Tend the rights of the said minor, or if the guar
dian OF such minor be not resident Of said coun
ty, and DO not appear, or ifthe guardian, whether
resident or not Of the county, be party per.
sonally interested TO give validity and effect to
any such order or decree, the court shall annoin,
guardian ad Item to protect the interest Of
such minor. y
D. That so much of the law to which this is
ah amendment as allows to creditors of an es
'S'e, resident within this state, eighteen months,
aho 10 non resident creditors three years, with
III wn'ch 10 present their claims against said
estate, De and the same is hereby repealed; and
hereafter all claims against the estate Of do
ceased person, shall be presented to the eyecn.
Tor or administrator thereof, within Two wears
AFTER advertisement made of the grant of letters
parliamentary or Of administration or thew sbau q
oe barred; and to authorize the collection of .
any claim and the payment thereof BY the ex. !.
ecutor OF administrator, the same shall be first J
pooated oy the court in which the estate is ad. "
shall be recorded therein and shall
certified by the Judge thereof under his hand ),
az examined and allowed" '''''N u
any e a, .nat the court of probates may order =
hoyd Executor or administrator who has given P
bond s sna qualified, or who may hereafter Civ
snch no qualify, in any of said courts to act as
dine rho to Sc. or compromise any claim or claims
,es,a,";v estate of his, her or their testator or
cn,o, "a provided. however, that the said exc.
' VI au'A'n''sra.or shall frs, file his, her or 3
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