The Yazoo City Whig. [volume] (Yazoo, Miss.) 1844-1851, 1846-04-10
LAWS OF MIsSIssIPPI.
AN ACT 10. amend the several laws Of this
State in relation 10 the Courts Of Probate


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AN ACT io. amend the several laws Of this
State in relation TO the Courts Of Probate.
SEC. /. Beheaqcted By The Legislature
ofthe State Of Mississippi, That il shall be
the duty of the Probate Judges to keep in !
their courts respectively a docket book Of alfI
cases pending in their courts, on wich dok
.et shall be entered in the order, in which
they are made, all applications for letters les. /
tamentory OF administration and guardian.
ship, aud all other suits or causes in said
congls, whether by bill, petition, OF motion,
and whether the same be exparte OF between
two or more persons, litigant in said courts,
and at each term of said courts il shall be
the duty Of the Judge thereof to take up and
dispose Of the business pending between
them in the order in which the same is en-
fiered upon their dockets.
/ SEC. 2 That in all cases in which any
courts of probate shall make and enter a IIdg
ment and decree against any party liligant
therein, or against aLy.execulor, administra
t tor or guardian for payment OF a sum Of mon
ley BY said party iitigant, executor, adminis>
traitor OF guardian toany other party entitled
to the same. by the terms Of said Judgment
or decree, said court shall have power to en-.
force a compliance with the terms OF sa d
Judgment or decree by process Of teri fdcias
issued BY said court retHrnable 10 term of
said court not less than six nor more than
eigh9months from the test of said writ, which
process shalt be executed by the sheriff of
the proper court, upon the lands and tene-
Imenis, goods and ehalteIs Of the party against
whom the same shall issue, or by process
Iuf attachment against the persons of the
party against whom the judgment or decree
shall have been rendered: Pr0cided, that no
such attachment shall issue, until the party
/ against whom he same is prayed shall have
lbeen cited to appear at some regular term
Eof the court to show cause why ii should not
issue, and if upon the service Of the citation
the party shall fail 10 appear, 81 shall not
show good cause against the issuing Of the
attachment, the court shall issue peremto
ry attachment commanding the sheriff to inn
prison the person or persons of The party until
he or they shall comply with the judgment
or decree of the court
SEC. 3. That the courts of probate shall
have power, and they are hereby required To
entertain bills Of review for the. correction
Of any interlOcutary order or final decree oil
, said courts, in the same manner and accord
ing t0.the same rules as thessame are eBfer
tanned by courls-of equity. In proceeding
flor the final settlement Of any executor, adj
} ministrator or guardian, any person Interests
, ed may, BY bill of review, open and cause iC
! be examined BY the court any annual or par.
tail settlement, made by such executor, I'D
ministrator or guardian, and surcharge and
falsiiy the accounts rendered upon such an
nudl or partial settlement, and persons in
: terested may at any time, within two year.
{ after final settlement, by bill of review opeT
o the account of any executor. administrator
!. or guardian, and surchaTge and falsify the
] same, and not after saving TO minors anC
e femes couert the same time after the IemoY,
!, lal of their disability.
o Sec. 4. That no order or decree, affecting
9 tie rights or interests of any MINOR, shall bC
It valid and binding upon said minor or his Of
IS her interest in any estate, administered il
d any Court Of Probate within this State, un
b less by his or her guardian, if resident o
g the county in which the proceedings are had
n shallbe first personally served, with FIVE day
I. notice, 10 appear aud defend the rights o
j the said minor, or if the guardian of sucI
It minor be not resident Of said county, ant
n donot appear, or if the guardian, whethe
Z resident or not of the county, be part
personally interested to give validity aud eff
! feet to any such order or decree, the cour
e shall appoint guardian ad Item TO proteC
'. the interest Of such minor.
p SEC. s. That so much OF the law 10 whic
Of this an amendment as allows to creditors c
IN an estate. resident within this State, eight
OF months, and TO non resident creditors tbre
e years, within which to present their claim
Of against said estate; be, and the same is here
e. BY REPEALED; and hereafter all claims agains
O the estate Of deceased person, shah be pre-
ie ented to the executor or administration there
&c of, within two years after advertisement mad
nt Of the grant Of letters testamentary or of al
ds minislraton, or they shalt be barred; an
III to authorize the collection OF any claim an
IS, the payment thereof by the executor or az
DIS ministrator, the same shall be first probate
nd By the court in which The estate is admin
nd tered, shall be recorded therein and shall
MS Terrified BY the Judge, thereof, under h
OF hand as ''exat1ined and allowed"
bt- SkC. 8. That the court of probaies nj
~ order any executor or administrator. wi
e. has given bond, and qualified, or who mi
aT- heteafter piVe bond and qualify in any of sa
az courts to actas such 10 Sell or compromi
rs any claim Or claims due the estate Of b
err her or their tastator or testasTix: Prouide
he koneUer, that the said executor or admin
ng traitor shall fitst Gle bis her or their petiui
81 ia said court, setting forth Distinctly the "a
ere upon which the application IS based, and
eir shall be made to appear % the satisfaction
TIE said cOust By aha affidavit Of said petition
for or other competent and legal evidence, Il
Jar such oTderol sale Of compromise will pl
Out moie The interest 81 said estate.
lch SEc q That no order. of sale oE conn
res mise shall be made before lhe teYm 81
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