Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-04-08
VOL. III.

S,,cr,oN ! Be IL enacted by the Legis.
7o,,,.e offhe State of Mississippi, That it
sball he the duty of the Probate judges to
keen in their courts respectively docket
hook Of all cases pending in their courts,
on which docket shall be entered, in the
order in which they are made, all appli-
cations for letters testamentary, Of admi-
nistration and guardianship, and all other
suits or causes in said courts, whether by
bill, petition, or motion, and whether the
same be ca parte 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 between
them in the order in which the same is
entered upon their dockets.
-. BE i: further enacted, That in all
cases in which any Court of Probate shall
make and enter a judgment and decree
against any party litigant therein, or a.
gainst any executor, administrator or guar
dian for payment of sum of money by
said party ltigant, executor, administra-
tor or guardian, TO any other person enti-
tied to the same, by the terms of said judg
ment or decree, said court shall have pow
err to enforce compliance with the terms
of said judgment or decree by process Of
teri facias issued by said court, returna-
Bile to a term of said court not less than
six months nor more than eight months
from the test of said writ, which process
shall be executed by the sheriff Of the
proper county, upon the lands and tene-
mentS, goods and chattels of the party a.
gainst whom the same shall issue, or bv
process Of attachment against the person
of the party against whom the judgment
or decree shall have been rendered: Pro-
Uided, that no such attachment shall issue
until the party against whom the same IS
prayed shall have been cited to appear at
some regular term of the court to show
cause why ii should not issue; and if upon
the service of the citation the party shall
fail TO appear, or shall not show good cause
against The issuing of the attachment, the
court shall issue peremptory attachment
commanding the sheriff to imprison the
person or persons of the party until he or
they shall comply with the judgment or
decree k1G court.
%. Be ii further enacted, That the
courts of Probate shall have power, and
they are hereby required to entertain bills
of review for the correction of any inter-
locutory order or final decree of said courts
in the same manner and according TO the
same rules as the same are entertained by
courts of equity. In proceedings for the
final settlement of any executor, admins
traitor, or guardian, any person interested
may, by bill of review, open and cause &c
be examined by the court any annual OF
partial settlement made by such executor
administrator, or guardian, and surcharge
and falSi!y the accounts rendered upor
such annual or partial settlement, and per
sons interested may, at any time within
two years after settlement, by bill of re
view open the account OF any executor
administrator, or guardian, and surchargt
and falsify the same, and not after, saving
to minors and femes coUert the same Time
after the removal of their disability.
"a. BE IL further enacted, That no orde
or decree, affecting the rights or interest
of any minor, shall be valid and binding
upon said minor, or his or her interest il
any estate, administered in any Court 0
Probate within this State, unless by his 0
her guardian, if resident of the count
in which the proceedings are had, sha
be first personally served with five day
notice, to appear and defend the rights {
the said minor, or if the said guardian Q
such minor be not resident of said county
and do not appear, or if the guardian, whe
Their resident or not of the county, be pal
ty personally interested to give validit
and effect TO any such order or decree, th
court shall appoint guardian 0d litena /
protect the interest of such MINOR.
%. Be 1t further enacted, Thatso muc
of the law to which this is an amendmen
as allows to creditors of an estate, res
dent within this State, eighteen month,
and to nonresident creditors, three years
within which to present their claims {
ganst said estate, be and the same is here
by repealed; and hereafter all claims
galnst the estate of a deceased person sha
be presented to the executor or admin;
traitor thereof, within two years after ae
Vertsement made of the grant of letter
tes'amentary or Of administration, or the
shall De barred; and to authorize the co
lecuon q any claim aud the paymer
thereof by the executor or administrato
the same shall be first probated by IN
court IN which the estate IS administered
shall be recorded therein. and shall he IS,
tilted by the Judge thereof. under hi IL {,
as examined and allowed
rs. Be Il further eeaeted, That Il
Court Of Probates may order any execute
or administrator, who has nj 4Lborld q