The Panola Miss. lynx., 1846-04-04

be, and the same is hereby, repealed;
ard hereafter all claims against the es-
tate Of deceased person, sh9l be pre-
sented to the executor or administrator
thereof, within two years after acver-
tisement made Of the grant Of letters
testament AIRY or Of administration, or
they shall be barred; and TO authorize
the collection Of any claim and the pay
ment thereof by the executor or ad-
miniStrator, the same shall lie first pro
batcd by The court in which the estate
is administered, shall be recorded there
in and shall be certified by the Judge,
thereof, under his hand as 'examined
and allowed"
Sec. 6. BE IL further enacted, That
the court of probates. may order any
executor or administrator, who has
given bond and qualify in any Of said
courts tosact as such to Sell or conpro-
mise claim or claims due tie estate ofkis,
her or. their lestatoror testattix: Pro
rued. h0aerer. that the said executor
or administrator shall first file his, Der
or their petition in said court, setting
forth distinctly the fact upon Which the
application is based, and it shall be
made 10 appear TO the satisfaction Of
said court BY the affidavit Of said feti-
toner or other competert and legal
evidence, that such order of sale or
compromise will promote the in;eresl
of said estate.
Sec.s7. BE II furthor enacted, That
no-erder Of sale or compromise shall
be made before the term Of the court
next succeeding that to~whjch the re
ti,ion is filed for that purpose, nor until
notice shalt have teen given IN snmt
newspaper printed in the county, i
there be one, and if moi. at the Cour
House door and TWO o;her public place
in the county, for at least twenty days
Of the character of the application, spe
cifying distinctly The claim or claim
intended to he sold OF compromised
nor shall any order Of sale or eompro
mise. of claims under the provisions {
this act be made until after the laps
Of twelve months from the time at W hc
the letters testamentaryLor udministra
lion were granted.
Sec. 8. BE IL farther enacted, Tia
all sales made under, and, by the pro
visions of this act, shall be for cash u
the Court House door on the days pro
vided by law for Sheriff S sales, pre-
vided that notice Of the time and plac
Of sale distinctIy.specifyin the clair
or claims intended 10 te sold shall b
posted up at the Court House door an
be published in some newspaper in th
county, if there be ore, twenty day
: previous 10 the sale.
!, Sec. 8. Be it further enacted, Th5
within ninety days after sale or con
promise made, as aforesaid, a repol
under oath shall be made 10 the Cou
, bv the exc cutor or administrator as ii
; case may. be, stating explicitly Ii
i terms of compromise or sale, which r.
port shall stand for exceptions until tt
term next succeeding the return there
; Of, and for reasonable cause show
] said report may be dlsallowed and sa
compromise or sale set aside and vac
ted
, Sec. 10. Be IL further enacted, Th
: where any Judge Of Probaies shall
related by affinity or consanguinity
q any party interested in any proceedir
= in his court or shall have been emplo
ed therein as counsel or attorney,
shall be his duty TO transfer said pr
;. ceedings 10 the court of Probates
some adjoining county, and The furth
proceedings in such case by the judi
!, Of the Probates Of the county to viii
the same shall have been translerre
= shall be as valid and conclusive as if
p had original jurisdiction thereof, pl
n vided that by consent of all parties j
II terested in such proceedings which &C
% sent shall be entered on The recort
,e as part Of the proceedings in the ca
,e the disability Of such Judge from
ct relationship or previous employme
or as counselor attorney may be waive
or and his competency to try The cat
" be restored.
10 Sec. II. Be 1t further enacted, II
rt all acts and parts of acts contrary
70 the provisions OF this acts, be and
same are hereby repealed and that |
:, act shall be in force from and after