The weekly clarion., 1867-02-07


An Act to amend the act entitled an act
TO establish County Courts, approved No.
yember oath, 1866
Section 1. Be it enacted by the Legisia-
ture Of the State Of Mississippi, That the
County Courts established BY the act 70
which this is on amendment and by the SUP.
nlement thereto, shall hereafter be presided
over and held by the person for the time-pe-
ing, holding the Office OF Probate Ju9ge oL
the respective counues, e soaG ;5 y1Ev TdETntr
said Courts; and the terms OF said county
Courts, instead Of being once month, as
now provided, shall hereafter be once IN eve-N
RI three months, except the following coun-
ties. saw, the counties Of Adams, De Soto,
Holmes, Lafayette, Rankin and Tunlca snail
be holden once every month; the counsles
Of Carroll, Kinds. Lauderdale, Maols91'
Monroe, Newton and NeshoDa snan ~ De ',., nO,u-
en- once in every two months, ana tne coun'
| ties of Attala, Harrison, Hancock :lac ksoh
and Perry, Lawrence, Leake, Pike and lip
nah shall he holden once IN every SIX
months. And the Judges of said Courts
| respectively shall fix and appoint said terms
of said Courts by an order entered on tne
| minutes Of said Courts. And that no In
| formation shall be fled or allowed in said
| County Courts against any person except
upon affidavit made by creditable witness
/ charging the party with criminal offence
i unless the party accused and charged has
/ been recognized to appear in said County
Court by Justice of the Peace, or othel
| committing Magistrate, or is in custody
1 under mittimus from some Justice OF ths
Peace or committing Magistrate and suel
i lsinformation shall in oil cases, be filed unde
/ the supervision of the Court in term time
Sec q Be it further enacted, That ths
County Attorney, as contemplated, instead
of being appointed by the County Courts
/ shall be elected by the Boards OF Police OF
the respective counties, and shall hold their
Offices for two years and said Boards o
Police may fill vacancies caused by deatn
| resignation or other cause, and said Attor
ney may for good cause, be-removed by ths
Boards of Police. -
Sec. 8. Be it further enacted, That the
twentieth section of the original act to
which this is an amendment, shall be SO
amended, that all cases of larceny shall De
deemed and held petit larceny, where the
thing alleged to have been stolen shall NOT
exceed the value of twenty-five dollars FRO
vided, that the larceny of horse, mare
geliing, mule, jack or jenny, or other thing
over the value of twenty-five dollars, shali
be deemed and held to be grand larceny ana
felony.
Sec. a. Be it further enacted, That the
provisions of this act shall not go into Oper-
alton and take effect until the first day OF
January, A. d., 1867. At the term OF the
Il Court in January 1867, unless for some cause
the same fails to be holden, then at the next
term holden thereafter, the terms OF the
Court shall be fixed and appointed as prOvi-
: ded for in this act: Provided, the Boards OF
Police may elect a County Attorney at any
} session before the first day of January 1867
Sec. 5. Be it further enacted, That the
Probate Judge of Kinds county shall be the
sole presiding Judge of the County Court OF
: Jackson; the Probate Judge of Yalobusha
county shall be the sole presiding Judge OF
9 the County Court of Grenada, the Probate
}. | Judge of Tishomingo county shall be sole
presiding Judge of the County Court OF
e Corinth the Probate Judge of Chickasaw
Q county shall be sole presiding Judge of the
e County Court of Okolona, and the Probate
I. Judge of Lauderdale county shall be sole pre-
) siding Judge of the County Court OF Merl1
# dian.
u Sec g. Be it further enacted That the ter
ritorial jurisdiction of the County Court OF
r Meridian be limited and confined to that
Z portion of Lauderdale county contained IN
the magisterial or justices beat In which
I, the city of Meridian is located, and al per
, sons required for said court as Jurors ehAA1-ee
summoned from that beat, and the terrific
: rial jurisdiction of the County Court Of
t Lauderdale shall extend to and embrace the
r remainder of the county of Lauderdale
t The County Court of Meridian and thu
County Court of Lauderdale, shall each b'
held once every two months alternately.
d
l. Justices of the Peace of the several counties
z in this State shall have jurisdiction concur
u rent with the county courts OF their respee
tive counties, of all cases of assault and as
sault and battery, in which no deadly W cap
on is alledged to have been used-ali case
of petit larceny, in which the amount allege6
l. to have been stolen does not exceed the val
/ | ne of ten dollars, all cases of the unlawfu
n carrying of fire-arms-insnlting acts, words
or gestures, and trespasseS on property, rea
!. and personal, made miSdemeanors by law
II committed iu their respective districts.
a Sec 8. Be it further enacted, That OF
!. complaint to any Justice of the Peace, by af
q fidavit of any credible person, alleging the
commission of any offence within his dis
4 trict and jurisdiction, such Justice shall is
y sue his warrant for the arrest and trial o
E. the accused, and on conviction, said Justic'
.. shall order such punishment to be inflicted
l. and enforce such sentence as now provided
by law in similar cases; Provided, Such de
If fendant shall have the right of appeal to thu
IF next term of the county court of his county
upon his entering into bond, or recogniZanc'
II in sum to be prescribed by the Justice
!, | with good and approved security, condition
le ed for the payment of all costs. and for th'
70 appearance of the defendant at the mex
term of said county court and on his ap
pearance in said court such case shall b
IS tried de moro on its merits, and disposed o
q as other cases pending in said courts and OF
default in such defendant, a forfeiture shall
10 be entered against said defendant and hi
le securities.
ir Sec. 9. Be it further enacted, That all act
J. and parts of acts in conflict with the provis
= ions of this act be and the same. arr. .hereb!
40 repealed.
r Approved.
esOIutiOm Requiring the Secretary O
10 Gtata IN take certain warrants in payment