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

plIcatlon is based, and il shall be made 10
appear TO 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.
IL. BE 1t 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 for
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 dosss aud 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 oftwelve months
| from the time at which the letters testa-
mentary or of administration were granted
%. BE 1t further enacted, That all sales
made under, and by the provisions of this
act, shall be for cash at the courthouse
door OH 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 10
the county, if there be one, twenty days
previous to the sale.
%. Be 1t further enacted, That within
ninety days after 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 aside and va
Gated.
80. Be At further enacted, That where
any Judge of Probates shall be related by
affinity or consanguinity to any patty lnte
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
bates of the county to which the same
shall be transferred, shall be as valid and
conclusive as il he had original iursdic-
ton thereof, provided, that by consent of
all parties interested in such proceedings,
which consent shall be entered on 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 TO try the cause restored.
I'll. BE 1t further enacted, That all acts
and parts of acts contrary to the provi-
sions Of this act, be aud the same are here
by repealed, and that this act shall be In
force from and after its passage.
j 4l2 Be 1t further enacted, That when
ever any executor, administrator or guar
dian by any operation of law, or in obedi-
ence TO the process of any Probate court
!, il. this State, shall render a final account
of his administration or guardianship, the
Probate court having cognizance thereof
shall cause citations to be issued and serv-
ed upon all the legatees, heirs, or distribu-
tees of the testators intestate, or upon
the wards as the case may be, if such heirs,
I distributes or wards, reside within the
r county in which said court sits, citing them
7 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
t 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 oil this State, or reside beyond the
= jurisdiction oil the court, so that process
e cannot be served on them, the said execii-
O tor, administrator or guardian shall make
affidavit of the fact, and the said Probate
b court thereupon shall cause publication
I to be made in some newspaper in this
4 State, citing said absent heirs, legatees,
!, distributes, or wards, to appear before
], said court on day certain, not less than
! sixty days from and after the first inser-
! ton Of the citation or notice, TO show
: cause why such account should not be al
Il lowed, and decree made. thereupon accor-
: dinghy; and, when any such legatees, dis
: tributes, heirs, or wards, shall be minors
5 or insane, such citations, as to them, shall
7 be served on their. guardians by name and
!. character, and in case such minor and in.
It sane persons shall have no guardian, the
!, said Probate Court shall appoint a guar
E dian or guardians. ad Item, residing il
!, the jurisdiction of saiG court, who shall be
Z cited as aforesaid, and may appear IN the
|, Bcause in the same manner as guardians az
Item may do in a court Of equity.
Sl3: BE 1t further enacted, That IN al
4 dition to the rules heretofore prescrlbe'
d and now In force for the nrnofs. of claim