The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-08
Laws Of tho STATE Of SIissl,aippi.
Public Acts, Called SESSION. is0.
(BY AUTHORIZE
Az ACr

To revive an act entitled An act 10 instir,
the collection of Jury Tax fec. and foI
other purposes, approved February 9th
ISl4
Section !. BE IL enacted b. the Legisla
tuTe Oft tho State of Mississippi That an act
entitled AN act 10 insure tho collection Of
Jury Tax fee and for othtf purposes. an
proved February 2tth lSlig be and the
same is hereby revived.
sec q BE u further enacted, That the
fifth section of the above rocitsa act so far
as the same relates to the publication of no
tice of sale, 20 some newspaper, be so amend.
ed as 10 make IL the duty Of the Sheriff to
publish such notice in all cases for f0nr
successive weeks in some newspaper, and
not for ninety and sixty days ne therein re.
quircd
Sec, ,. Be il further enacted. That il
shall be the duty Of the Stat Printer 60
publish the above reoited act, so far as the
same is hereby revived aud re.enacted rs y
part ofthis act
See T. BE il further enacted, That all
acts in conflict with the provisions Of this
act be, and the same are hereby repealed
Sec o BE it further enacted, That this
act shall take effect and be in force from and
after its passage.
Approved Oct SOth, 1866
An Act Co insure the collection Of Jury tax
fees and for other purposes.
WHEREAS, many suits are brought by non.
residents aud others, in the different com.
ties of this State, wherein no security has
been given for costs, aud other expenses, OF
where the security has been gwen, the sure
ties have been compelled to pay costs, in
which tho suits, Judgment having been oh
tanned, nothing cam or has been made upon
the executions. by reason Of the insolvency
OF the defendant or defendants; and where
rs, the plaintiffs inmany of said suits, par
tcularly living ut distance, and having no
property in the State, have failed and meg
lected to pay the jury tax fees, the clerks
fees, sheriti's fees, commissions and other
costs, and have failed to indemnify the sure
ties, by reason of which great Injustice has
been done TO the said clerks, sheriils, sure
tics, &c. and their labor and trouble have
been without remuneration wherefore, to
prevent and remedy said evil
Section |. BE il enacted by ne Legislature Of
The State Of Mississippi, That where any jndg-
munt on decree has been heretofore rendered
in any court Of record in this State, or where
any may hereafter be rendered, and an exc
eutiOn has been, or may he hereafter return
cd RHila bona, aud il the sheril's and clerk s
fees and commissions, and all other costs
and fees thereon, have not been paid by the
plaintiff or plaintiffs, or ii they shonld not
be paid on or before the first day of the sue
eeedng term of the court hereafter or after
the return of said execution, il shall be law
ful for the court in which said Judgment or
decree is rendered, nj the said term, or any
succeeding term, upon the motion of any
sheriff, clerk, coroner, or any other person
entitled TO cost, commissions, or fees on said
Judgment or decree, 10 order the said judg-
ment or decree to be sold by tho sheriff, at
public auction, to the highest bidder for
3ash PrOridod, That said order shall set
forth, particularly, the precise amount of
,osts, commissions, and fees, and to the clerk,
sheriff, or other officer or person for which
he same may be ordered to he sold PrOrid-
n, That the plaintiff whose Judgment may
have been sold, shall have two years TO re-
leem such Judgment; and the payment or
ender by him, TO the purchaser of said
Judgment, Of the amount Of the purchase
money, with ten per cent, shall revive the
aid judgment in his favor, as though the
anne had never been sold: And prorided,
That If the owner Of a judgment, subjected
o be sold for costs, under the provisions of
his act, is a resident of the State of Misss-
ippi, that no such order Of sale shall he
made until an execution be first directed to
he proper officer of the county in which
uch owner may reside, and return Of Hulia
ORa be made thereon by such officer.
Sec. 2. BE 10 further enactcd, That il shall
% the duty of the sheriff, upon payment Of
he bid, TO transfer TO the purchaser, by an
ssignment la writing, all the right, title,
nd interest of the plaintiff or plaintiffs, or
4 the person or persons for whose use the
nit was brought, in and TO said Judgment or
eeree and said purchaser shall have the
bsolute control and management Of said
Judgment or decree, and may order execution
o issue thereon in the same manner as IL IL
ad been recovered IN his name; Prorided.
hat said purchasers shall be liable for ali
osts accruing subsequent to his purchase;
Ind prOridod, also, That no person shall have
xecntion upon said Judgment 50 transferred.
ntil lie make oath, and lile with the clerk
T the court, to be placed among the papers
q said cause, and to constitute part of the |
seord in said ease, that said Judgment or
eeree was purchased for his own use and |
eneiit, aud not In trust, or for the use and |
enefit of any other person.
Sec. 3. BE n further enacted. That gueh sale
nd assignment Of snch Judgment or decree. |
: is provided for in the second section of !
ais act shall yest ia tho purchaser thereof
y interest IN tue cause Of action upon which |
nd Judgment or decree was recovered, I'm 1
le same manner as IL transferred 10 him by |
lalntiii Or plaintiffs, or person or persons
. whose use The suit was brought, and shall |
nthoflze such purchaser 10 enter satlsfsc-l
on Of said Judgment, or 10 withdraw The
luseOi action from the record. IN the same /
lanner that the plaintiff or plaintiffs. per.
n or persons, for whose use the suit Il
nonght, could do; Pr0rided, however. that
lere be more than one Judgment, decree. or
NJ, on the same cause Of action. the pnr-
laser Of the Judgment shall take the same
lhlect 70 the plaintiff or PLAINTIFF riglt IN
zen other judgment or decree. Int sucll
nrchaser shall have the right Of di.ebarg.
q sncli other judgment or decree. and be-
ming the owner Of said eanse Of action
Sec. a. BE u further eHacled. That tie de-
ndant. where there IL but one. ar where
lere are more defendants than one who are
shall be the purchases. the sale
I'd assignment by the sheriff 10 aid d..
ndaufs. or either Of them. II NOR than
le, shall operate A. n complete satisfaction
I'd extinguishTilent Of said Judgment or de-
ZEE: Prorided, That each principal defend
u stall be liable 20 eontril,ute his nropor-
On Of the sum bid and paid by the ofhers
"a pr0rided, also. That when the lad gnient
decree y against principals and sureties.
the snreties, OF either Of them. bid and
lreliase the Judgment or decree. ne ale
ID assignment shall operate a. also an e.
Adjustment and satisfaction Of the jndc.f {
ent or decree, but such surety or surpfies.
~ recover the amount Of the la and mr. | I
aee money from the principal Or urineipals
said Judgment or decree. with lawful iu- !
rest from the time Of such purchase. fpd
orided, alec, That each surety shall coutril,-
and pay bic o. Der rateable 81 prapar-
mate part Of the bid and purchaee money