The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-08-26
Harrison. of Lowndes. offered the follow
-.l..A:...4. e..

Harrison. of Lowndes. offered the follow
ing as q substitute fer the same:
Sec 2 Be it further ordained, That
lhe official acts and all acting pubic
offic IS OF ihe State of Mississippi IL
possession of anv public Office and eyer
/ cIsing the functions thereof. since the 9tn
day of January, 1861. and done ana
performed under c>ior of the laws OF
the said State, and in pursuance Thereon.
! and not iucousistent with thu Consiitu
| ton of the United States, and the laws
made in pursuance thereof, or Of the
| Constitution Of the State oil Mississippi,
or in aid of the late rebellion. and here
by legalized, ratified and confirmed, and
declared to be lawful acts in regard |
to all persons interested therein, or |
! effected thereby. whether such person or
lawfully entitled to hold such office or
NOT, and whether such person be lawfully |
qualified or not.
Dir. Cooper, of Rankin, moved tn lay
the substitute upon the table. Which
motion was lost.
The question being taken up on the
adoption of the substitute, 1t was decided
! IN the affirmative.
II The third section was then taken up
Mr.. Harrison, of Lowndes, offered the
following su ostiluLe for the same:
SEC. 8. Be it further ordained, That
all official acts, proceedings, judgments,
decress and orders of the several courts
of the State, including the boards OF
county police, regular upon their face,
and rendered under color, and In th~
, ordinary course of law, together with all
sales made by judicial officers, executors,
g administrators, qua. dians and other per
r sous acting in "A judiciary or ministerial
: capacity in regular and due form, and
= where the same have been executed by
payment OF the purchase money are mere
II by legalized, ratified and confirmed,
j. subject nevertheless othe right OF appeal,
9 wriGs OF error and supers+deas, according
= 10 the ordinary rules and forms OF law.
y Mr. Barr, OF Lafayette. offered the fol
e lowing amendment, which was accepted
e 10y Mr.. Harrison.
d Provided. That all cases 10 which jud2
'r ment have been rendered in the CIRCUIT
< court in this S,ate since the 9th day OF
'r January 1851, and prior to this date, the
Ie party against whom sad judgment has
s been rendered, shall be en'itled to u
ii new trial upon his fling an atfadavIt THAI
q he was unavoIdabiy absent from The
II county where the Judgment was rendered
er Il the time of its rendition. and that he
~ had no attorney present. IN the court
De and that he believes that the Judgmen
We is unjust.
III Mr.. Houston, Of Monroe, offered tht
"a following amendment:
Provided, That in cases OF sales a
le aforesaid and all other cases IN whlci
le parties have execute notes or obliga ION
for the payment of money paioi ttstl
n, nlOny shall BE- admitted to show the rea
Ie. value of the property at the time OF sale
IL aud that shall be the measure of indeot
edness of the parties.
W. Mr. Simonton of I3awamba, offered tn
following amendment, which was acceE
he ted by Mr.. Houston
he And provided, further, The executors
In administrators, and other officials actin
ch in a fduciary capacity, shall have powe
ne 10 compromise and agree against whor
they bold notes, bonds. judgments G
he other evidences of debt as to the res
value of the property for which such e'
Oh idences of debt Were given, suhj-ct TO tn
IN, approval of the Judge of Probate OF the
respective counties.
Ia Mr.. Watson, of Marshall offered tn
o4, following as q substiJute for the origins
the proviso offered by Mr.. Houston, whic
ing was adopted.
vi Provided, That in cases of sales mad
n& as aforesaid, and In all other cases
on which a party has executed a note {
ger agreement in wiring for the payment
req money, parnl testimony shall be. admi
sable tO prove whether or not such col
'te, tract contemplated specie or currenc
ent and TO show what amount in specie Il
payo, or obligee has right to eQuitab
on and Justly TO demand or recover.
the Mr.. J ,rnagin O Nnxubee offered tf
following amendment
fol And provided further, That any e
OF ecutor, administrator, guardian or oLh'
fiduciarv agent vino have been guilty
lor- any neglcct of legal in his or her hi
In ciary capacity shall not be legally heret
no protected against the legal conseqnenc
lar Of such negect or failure in his or h
legal du.y.
the On motion of Mr.. Harrison the amen
no ment was laid upon the table.
was The third section as amended was the
aeo adopted, and is as follows:
io' Sec. s. Be it ordained. That all off ci
~ acts, proceedings. judgments, deere
T. and orders at the several courts of tn
State ircludlng the B g.rds of coun
Police regular upon their lace, and re
~, dered under 'lor in the ordin ry cour
~ Of law, together with all sales made
80 judicial officers, executors. admInistl
~ tors, guardians. and ali othe" perso
acting in a fduciary or ministerial
a. pacity In regular and due lorm a
'n where the same have been executed
ees payment OF the purchase money q
1I ,b., hereby legalized. ratified and oonfrme
Subject nevertheless TO the right of a
H., peal, writs of error and SUPERB IDEAS
10Y cording to the ordiuary rules and for
of law. Provided in all cases in VIM
a.: judgments have been rendert in t
M .'on circuit courts in this State siuce the
se'' of January 1861 and prior to this d4
des. pTi'S hs 5anoI .Sou Ju'
hen 'IAS -; a -;
-, ~fidavit that he was unavoidabiy abst
uP, .l iron, the court when the judgment y
-. :. rendered at the time OF its renditi,
~ and that he had no attorney prescott