The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-03-19
LAWS OF ,,gSsRssEPPB.
Public Acts, Called Session, 1866 n o.
ANACT creating the Office Of County
Administration.
BY AUTHORITY.


Administrator.
Section. l. Be it enacted by the
LEGISLATURE ofthe State of Mississippi,
That an Office 20 lie eslgnated and
known as the Office of.CountY Admin
istrator shall be and is hereby created
in each and every county in tho State,
and which office shall ~ filed by APP
poirment Of the Probate Judges OF
the counties respectively for the term
Of four years until their successors
shall be duly qualified, which appoint
mcnt when 50 made shall be entered
in The minutes Oft courts.
Sec. 2 BE it further enacted, That
the sixty eighth article Of chapter sixty
of theIevisad code, shall be 50 amend
ed, that hereafter when It shall be
made known to the Probate Judge OF
any court in this State, that any per
son has died. either in this State or
out Of it, and has left real or personal
property in such county, and no per
son has applied for letters Of admins
tIaU;on. or Of executorsbip, within six
months from, and aft-r the death Of
such person, then and such case it
shall be the duty Of the Probate Judge
10 grant letters OF administration, or
letters Of Administration with the will
annexed de INNS noa,as the may require
20 the said county administrator,
whose duty it shall be TO proceed to
administer the estate according to law
and under the direction of the court
without giving any other bond than
! the bond hereafter provided for, nor
shall such County Administrator be
baund to incur any cost ac-
cept such as the funds Of the estate in
his hands over and above his own
commissions shall be sufficient to pay,
and tie court may on final settlement
Of the estate allow such county adj
miuistrator, ten per cent on the whole
estate administered, or on partial set
Element from change Of the incum-
+ bent or other cause any partial settle
meHt shall be had the court may al
+ low any amount of commissions below
Ten per cent, which it may deem right
and proper
/ See 3 BE it further enacted, That
/ before any county administrator pro
vided for in this set, shall exercise or
/ perform any Of the duties or functions
/ Ct SAID Office, and before any letters as
I aforesaid shall be granted to him, lie
! shall execute and lie IN the Office Of
such courta bond in the penalty Of five
/ thousand dollars payable to the State
Of Mississippi, conditioned that he VIII
/ we'll and truly perform and discharge
I II h ,lrtt..- ~ -'., Of t,r
/ Administrator according TO law, or by
the order Of the Court, with two or
more good and sufficient smetics, to
/ he approved Of by the Court and shall
! also heve taken in open court to be
/ endorsed upon said bond an oath we'll
7 and truly 10 administer according to
/ law, and the orders Of the Court, adj
/ minister each and every estate which
shall or may be committed to his
charge, and that he will well and
truly account for, and pay over all
monies in his hands 10y virtue OF his
said office when thereto required by
orders Of the Court
Sec /. Be it further enacted, That
( whenever any County Administrator
shall die, resign, or otherwise be re
moved from, or shall yacate said
Office, it shall be the duty of such
administrator, if living, and of his
executor or administrator, if dead to
make out and fiie in the Probate Court
proper final account for each and
every estate 50 committed, to his
charge, in which shall be shown the
proper legal liabilities of such admin
istrator which may be allowed, amen
ded or rejected by the Court or other
wise adjudicated as other final &C
counts Of administrations, are adiudi-
Gated and settled.
Sec. D. Be it further enacted. That
so much of the said sixty eighth article
of chapter sixty Of the revised code
which makes it the duty of the Probate
, Court to appoint the sheriff of the
/ county administrator in certain cases,
be and the same are hereby repealed.
, except in such cases where no person
I viii accept the Office 81 County Adj
ministrator and qualify as such, as is
! provided for in this act.
Sec. 6. Be il further enacted. That
+ wheneyerit shall appear to the satisfac-
! ton Of any Probate Court in this
State, that the penalty Of the bond pro
. Vided for iu this act, IS not in sufficient
+ amount to secure & faithful discharge
OF the duties OF the County Admins
traitor, il shall be lawful for such
+ court after proper notice giveu TO re-
quire the said administrator to give
"a additional bond in such penalty as
such Judge shall deem sufficient to
I secure the rights Of al parties inter
I csted, and on . non compliance with
any such requisition of such court.
s.1ch defaulting county administrator
/ hay be removed from office as other
I administrators are removed for SINH
lar desalcations.
/ Sec. J. Be it further enacteCs That
/ tie County Administrators provided
for by this act, shall have all the rene
dies by suit in any OF the courts of law
/ or equity In this State, which are now
j given by law to other executors and
/ administrators in this State, and shall
likewise be subject TO be sued as other
executors and administrators an liable
to suit
Sec. s. Belt further enacted, That
( tIe PROVISIONS OF article SlxtV-slX Of
chapter sixty revised code shall apply
and be extended to all County Admin
isJrat0rs.
Sec. 3. Be it further enacted, That
the bond Of the County Administrators
when executed, pursuant to the third
section Of this act shall be recorded in
the Office Of the clerk of the Court. and
may be put in suit as other bonds of
Administrators and Executors and q
certified copy OF such bond shall be
admitted in evidence in any court in
this State.
Sec. 10. Be it further enacted
That this act take effect and be in
force from and after sixty days from
its passage.
Approved, Feb. 10. 1867.
Notice.---Having purchased the entire
cssets or the Clarion 0fice due up to the 18th
OF February, 1867, we are alone authorized to
receipt for the same. All parties knowing
themselves indebted will obIirn nv earl,- ay,;t