The Ripley advertiser. [volume] (Ripley, Miss.) 1843-1897, 1846-04-04

w" " pa'u court, by The ali = w NJ SAID net
,one' of othef competent and raj ev,denr,
,nat tuoh order OF sale or compromise viii pro
y mote The interest Of SAID estate, ~
=. ~ lbat no order of sale or eomp,o,,is
than DC made before the term of The cont nov
Of suocceulne tbat 10 winch the petition l. flied ~
Dr u,as purpose nor until notice shall have beer
h g'Ven W some newspaper printed 10 the county
'uIe oe one, ana u not, at the court hons,
70 aoof ana Two other public places in the county
Tor AZ least twenty days Of the cbatacie, a, ~,
k application, specifying distinctly the claim .,
Claims intended 10 be sold or coyco,ono,sod '.
fhaII auy order Of eale or compromise of cls,n,a
under The provisions of this act be IN ado mn, \
hter INC lapse OF twelve months from tbs ,,,,a
az Whieh the letters testamentary or adm,nis,r,s
Ton were granted. u
: o. mat all sales made under and hv thu
ProVIs,ons OF this act, shall be for cash, a, the
court mouse door on The days provided bv law
,o' shefiii sales provided that notice of The
''uoe anu pace OF sale, distinctly specifying the
earn or CLAIMS intended to be sold, shali be ms
'e" up d. 'ne court house door and be published
~ some newspaper in the county, if there he
one' twenty days previous to the sale.
. That within ninety DAYS arte- . sa,o a.
oompIo'n'ss MADE as aforesaid, a report under
oath hail be made to the court h., the ovoor,o.
VI administrator, as the case NAV be. STATING
explicitly the terms of compromise or sale
winch report shall stand for executions untI ,ho
term next succeeding the return thereof ond
'or reasonable eau Q shown, said reDort NAV bo
uisalio"eo and SAID compromise or sale Sc, aside
and vacated "''ue
~ mat where any judge of probates shall
oe reIa,e1 by affinity or consanguinity to anv
party Interested IN any proceeding in 6is cauri
OF shail nave been EN- loyed therein az connseiI .
o' attorney, 1t shall be his duty to transfer sa;d
proceedings to the court Of probates of some All
Jo'hhS unity, and the further proceedings in
snch Case by the Judge of the prob.tes of The
county TO which The same shall! have been
Transferred, shall be as valid and conclusive as
u he had original jurisdiction thereof: provided
that by consent OF all parties interested IN sucb
proceedings, which consent shall be entered on
the records as part of the proceedings in the
eaP' the disability OF such Judge from the rea.
'ohSh'p or previous employment as counsel or
attorney may be waived, and his omJetepcy 10
try The cause be restored.
} III. That all acts and parts of acts CONTRARY
to the provisions of this act be, and the same j,
a.e hefeoy' repeated, and that this act shall be q
N force from its passage. !;
; IL. That whenever any executor admins H.
tator or guardian, by operation of law, or in -
obedience to the process of any probate cour, in ~
bis ate shall render final account of MS All :,
or guardianship, the probate court n,
'aVing cognzance thereof shall cause citations hi
o be issued and served upon all the leraiees. or N
pom the ward as the case may be- if such heirs. tv
Istrlbutees or war reside within the county in an
Which SAID court sits, citing them to be and an ma
ear before said court on day certain, not less no
nan forty days after such citation shall be is
ued, to show cause why such final accoun =.
hou'd not be allowed and decree m ade there WI
N accordingly, and whenever such heirs era -
ees, distributes or ward shaI! be non residents u
Il THIS STATE Or reside beyond the lur dict on of ~
ne court go that process cannot be served on 'e'
mem, TIE SAID executor, administrator or guar. 'u
han shall make attl avlt OF the fact, and the Gu
aId probate court thereupon shall cause publ ai
auoh 10 De made IN some newspaper in this vi
tate, citing said absent heirs, Iegaees, dstrbu pa
ees or ward to appear before said court on a "e
lay certain, not less than sixty DAYS from and ful
Il or the first insertion oF tho c,t.,; . na,;oo du
O show cause whv such account ebo,l1 NJ, ho du
iowed and decree made lhereupon according. 70
Y; and when any such egatees, distributes 'hl
elrs OF said wards shall be minors or insane 'aV
uch citations as to them shall be served on y!
heir guardians, by name and character; and in s sao
ase such minor and nsana persons shall have o'i
o guardian, the said probate court shall appoint
guardian or guardians ad Item, residing 10 the La
lrsdlctlon of SAID court, who shall be cited as upt
foresad, and may appear in the cause in the 70
anne manner as guardians cd Item may do in a Tor
curt OF equity. we
! l3. That in addition to the rules heretofore tun
rescribed, and now in force, for the proofs OF
claims against the estates of decedents, ana
GREATER it shall not be lawful for any Judge o. nav
rebates in this state to allow any claim upon
pen account, nor for any executor or admins
-ator to pay the same, unless the contract or pas
transcript upon which such open account is iahI
,unded shall be first proved before such Judge ca
{ probstes by competent testimony, in addition pee
the affidavit eff the complainant now required ,oo'
v law provided that this section shall not ap. hef
" to claims of less amount than 90 dollars.
IA. That in any proceeding in the probate
,urts of this state, in which any executor or 1--WE
lmiDistrator may contest any claim exhibited Don
yainst the estate of any decedent the probate Bar
,urt may, at its discretion, refer the same to TO
ldltors who may proceed thereon, subject to tlof
e rules and exercise all the powers which are last
cident TO and belong to the Office of master the
chancery, under the laws and usages in force Kerr
this state. dett
) Is. That any arpeal.bond executed in any ban
The probate courts of this state under existing and
VS., may be made payable to the Judge of pro- no"
tie or to the adverse party or appellee, as the ho'
obate court may direct sho
Approved, March B. 1876 ,yo
bon
N ACTto amend an act approved February "a Don
1874 entitled an act to amend The several acts thel
of limitations. and for other purposes. the
&C. /. Be it enacted by the Legislature Of The e.
10 Of Mississippi ha. the eighth section Of the ''8