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


SECTION |. Be IL enacted by the Legis.
lature of The State Of Mississippi, That it
shall be the duty Of the Probate Judges to
keep in their courts respectively docket
book 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 ADM.
nis,ration and guardianship, and all other
suits or causes in said courts, whether by
bill, petition, or motion, and whether the
same be er parte or between two or more
persons, litigant ia 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
entered upon their dockets.
70. Be il 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 litigant, executor, administra-
tor or guardian, TO any other person emit.
lied to the same, by the terms of said judg-
ment or decree, said court shall have pow
er to enforce a compliance with the terms
Of said judgment Or decree by process of
feri facias issued by said court, returna-
BE to 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 by
process Of attachment against the person
Of the party against whom the judgment
or decree shall have been rendered: Pro
vded, 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 it should not issue; and if upon
the service of the citation the party shall
fail 10 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 Of the court.
49,. 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.
locuory order or final decree of said courts
in the same manner and according 10 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 TO
be examined by the court any annual or
partial settlement made by such executor,
administrator, or guardian, and surcharge
and falsiiy the accounts rendered upon
such annual or partial settlement, and per-
sens 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 surcharge
and falsfy the same, and not after, saving
5mnors and femeS copert the same lime
after the removal Of their disability.
". Be 10 further enacted, That no order
or decree, affecting the rights or interests
Of any minor, shall be valid and binding
upon said minor, or his or her interest in
any estate, administered in any Court Of
Probate within this State, unless by his or
hsr guardian, If resident of the county
% which the proceedings are had, shall
Do first personally served with five days
notice, to appear and defend the rights Of
hes said minor, or if the said guardian Of
such minor be not resident of said county,
add do not appear, or II the guardian, whe-
htr resident or not of the county, be par
ypesonally interested to give validity
and effect 10 any such order or decree, the
court shall appoint guardian ad Item to
protect the interest Of such minor.
y. Bet further enacted, That SO much
c'he law TO which this is an amendment
allows to creditors of an estate, resi-
ent within this State, eighteen months,
ald 70 nonresident creditors, three years,
SllhIn which TO present their claims a.
glnst said estate, be and the same is here
yrepealed; and hereafter all claims a
g'nst the estate Of deceased person shall
wPresenled to the executor or admins
aa'or hereof, within two years after ad-
uusement made Of the grant Of letters
aamentary or Of administration, or they
may be barred; and to authorize the col
Sslon Of any claim and the payment
s'eoi BY the executor or administrator,
" same shall be first probated by the
%un 70 which the estate is administered,
ss, % recorded therein, and shall be GER
W.T. oy the Judge thereof, under his hand,
1~examined, and allowed"
LII Be 4 further enacted, That the
~n p Probates may order any executor