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

Of Probate.
Sec. l. Be IL enacted By the LegiS-
ldtnre ofhe STATE Of Mississippi, That
it shall be the duty Of the Probate
Judges TO keep in their colrts respect
lively docket book Of all cases pend
ing in their courts, on which docket
shall be entered in the order, in which
they are made, all applications for let
ters testamentary Of administration and
guardianship, and ell other suits or
cases ~ said courts, whether by bill,
petition, or motion, and whether the
same be exparte or between two or
more persons, litigant in said courts.
and at each term of said courts.it shall
be the duty of the Judge thereof to take
up and dispose Of the business pending
betN cen them in the order in which
the same is entcredupon their dockets.
Sec. 2: Be IL farther enacted, That
in all cases in which any Court ofPro,.
bae shall make and enter a. Judgment
and decree against any party litigaht
therein, or against any executor, ad-
ministrator or guardian for pay yment.of
a sum Of money by said dparty litiganl,
executor, administrator or guardian TO
any other party entitled to the same,
by the terms of said judgment or de-
cree, said court shall have power TO
enforce compliance with the terms Of
said judgment or decree by PROCESS of
.feri .faciaS issued by. said court return
able to a term Of said court not less
than six nor more than eight months
from the test Of said writ, which pro-
cess shall tic executed BY the, sheriff of
the proper court, upon the lands and
tenements, goods and chatfles of the
party against whom the same shall is
sue, or by process of attachment against
theperson Of the party against whom
the judgment or decree shall have been
rendered: Prouided,t ,that no such at
Zach ment shall issue, until the party
against whom the same is prayed shall
, nave been cited 10 appear at some re
gular term ofthe Court to show cause
why it should not issue, and if upor
, the service Of the citation the party
] shall fail to appear, or.shaII not show
good cause against the issuing of tht
attachment, the court shall issue {
peremplory attachment, commanding
the Sheriff to imprison he person Of
persons OF the PARTY until he or they
shall comply with the iudgment or de
cree of the court.
! Sec. 3. Be IL further enacted, Tha
|. the courts Of Probate shall have power
y and they are hereby required TO en-
j tertain bills offeview for the correc
t. tion of any interlocutory order Of fina
Il decree Of said courts, in.the same man
u ner and according 10 the same rules a
y the same are entertained by court c
d equity. In proceedings for the fna
e, settlement of any executor, admnistra
e tor or guardian, any person ntereste
may, by bill or review, open and caus
to be examined by the court any annuf
or partial settlement, made by sue
executor, administrator. or guardian
and surcharge and falsify the account
!, rendered upon such annual or partii
r settlement, and persons interested ma
il at any time, within two years after
S nal settlement, by bill of review upo
0 the account Of any executor, adpini
:, traitor or guardian, and surcharge an
), falsiIy the same, and not after savir
Ct to minors and femes corert the san
time after the removal OF their dlsabi
- ty.
Sec. 4. Be ii further enacted, Th
no.order or decree, affecting the righ
or interests of any minor, shall be v
81 lid and binding upon said minor or h
to or her interest in any estate, admin
"a tered in any Court Of Probate with
ay this State, unless by his or her qua
,e po dian, if a resident Of the county
which the proceedings are had, sh;
be first personally fser1ed, with Fl
90 days notice, 10 appear and defend ,
rights Of the said minor, or If t
90 guardian Of such minor be not reside
of said county, and do not appear,
W if the guardian, whether resident
not of the county, be a party personal
= interested 10 give validity and effect
any such order or decree, the col
er' shall appoint a guardian ad Item
protect the interest Of such minor.
al