The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-03-28
saIe o. oompromise NH promote the ~lntefest b

Sec, a. Be aJuvthcr eaocted, That no order
OF sale or compromise shall be made before the
Term Of the courtnext succeeding thatto which
the petition i filed for that purpose, nor until
notice shall have been given in some newspa-
per printed in the county, if there be one, and
not at the Court house door and Two other
public places in the county, for at least twenty
days. of the character Of The application, speei-
Tying distinctlXthe claim or claims intended 10
be sold Or compromised, nor shall any order Of
sale Or compromise Of claims under the provil
sions Of this act be made until amer The LAPSE
Of twelve months from the time at which the
letters testamensary or administration were
granted.
Sec, g. Be Il further enacted, That all sales
made under, and BY the provisions Of this act,
shall be for cash at the Court house door on the
days provided by law for sherif,s salos, provi.
ded that notice Of The time and place Of sale
distinctly specifying the claim or claims intend.
ed to be sold shall be posted up at, the Court
house door and be published in son.e newspa-
per IN the county, if there be one, twenty days
previous to the sale.
Sec. 8. Be II further enat. ed, That within
ninety days after o sale or compromise made, as
Aforesaid, a rePort.gnder oath shall be made TO
the court by the executor or administrator. as
the case may be, stating expl city the terms of
compromise or sale, which report shall stand.
Tor exceptions untl the term next succeeding
the return thereof, and for reasonable cause
shown said report may be disaIlowed and said
compromise Or sale set aside and vacated,
Sec, TO- Beafurher enacted, That where any
Judge OF Probates shall be related BY affinity
Or consanguinity to any party interested in any
proceeding IN this court, or hallhavebeen EN-.
ployed therein as counsel or attorney, it shall
be his duty 10 transfer said proceedings to the
court OF Probates Of some adjoining county,
and the further proceedings in such case BY the
Judge Of the Probates Of the county 10 which
the sam shall have been transferred, shall be
as valid and conclusive as if he had original
Jurisdiction thereof, provided that by the con.
sent Of all parties int esied in such procoed.
lngs, which. consen. shall be entered on the
records, as part ofthe proceedings in the case,
the disability Of such Judge from the relation.
ship or previous employment as counsel or a.
'orney may be waived, and his competency to
try the cause restored.
Sec H. BE IL farther enacteA That all acts
and parts 81 facts contrary to the provisions Of
this act, be and the same are hereby repealed,
and that this act shall be in force from and al.
ter its passage. r
Sec. IL. BE Il further enacted That whenever
any executor, administrator or guardian bv
operation OF law, ori N obedience TO the process
OF any Probate court in this State. shall render
a 1nal account Of his administration or quar-.
dlansbiP, the PROBATE court having copnizance
thereof, snail cause citations TO be issued and
served upon all the ~legatees, heirs or distribu.
tees OF the %testators or intestate, or upon the
ward as the case may be, if such heirs, dis,ri.
butees or ward reside within the county. IN
which said court sits, citing them to be and an
pear before said court on a day certain NOT less
than forty days after such citation shall be is.
sue' to show cause why such final account
should notee allowed, and a decree made there.
on accordingly and whenever such heirs lepa-
tees, distributes or ward shall be non-residents
Of this State, or reside beyond the jurisdiction
oil the court so that process cannot be served
on them, the said executor, administrator or
shall make ufidavit Of The fact. and
the said Probate court theteupon shall cause
publication to be made in some newsnapor in
this State, citing said absent heirs, legatees,
or ward TO appear before said court.
a day certain not less than sixty DAYS from
and after the first insertion Of the citation or
TO show cause why such account shculdl
not DO allowed, and decree made thoreuponl &C. :
cordlngly and, when any such ~leealees, dis. !
trIbrtees, heirs or said wards, shall be minors
Or insane, such citations as to them shall be !
'erved on their guardians by name and char
lcter and in case such minor or insane persons
hall have no guardian, the said Probate court {
nall appoint a guardian or guardians al Item, q
in the Jurisdiction Of said court. who /
hall be cited as aforesaid, and may appear in !
he cause in the same manner as guardians ad 4
item, may do in a court Of equity. a
Sec. 10. BE IL further enacted, That in add. b
ion to the rules heretofore prescribed and now
d force foF ths proofs Of claims against the t
S Sedshts, hereafter ii shall not Be Il
awful III aA Judge Of Probate in this State il Il
How any clnin upon open account, NOT for Il
ny executor Or administrator 10 pay Tie same. b
inlessthe contract or transaction upon which q
UGH open account is iounded shall be 6rst 4
before sach Judge Of Probate BY com. y
etenttestimony in addition 10 the affidavit Of h
he complainant now required BY law, provided G
this section shall not apply to claims o.
amount than twenty d%6llars.
See "a Belt rtssreaacted, That III any pro. i
in the Probate courts Of this State, IN I
executor or administrator may con. s