The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-05-12


same shall become due; the party entitled
TO receive the same, may at the next term
thereafter. move the Court for decree
against the purchaser. and his sureties, IN
the note, bond, or otF er obligation given 70
secure the payment thereof, for the amount
of such purchase money with interest, and
unless the payees or obligees shall show suf-
ficieut cause to the contrary. the Court sbs III
render decree against the payees or ob9.-
gees for the sum found due, and for which
execution shall issue, as at law. returnable
within ninety days; Provided, That SHOULD
said motion not be made at The first term
after such purchase money shall be due, the
motion may be made AZ any subsequent term
upon ten days notice. in writing. of the in
teDtion to enter such motion, being first
given to those against whom said motion rs
made when the same proceedings shall be
had as though the motion had been made at
the first term after the amount due had De-
come payable.
SEC. q. Be it further enacted, That all
laws, and parts of laws, in force in this state
n the first day of December. 1863. relating
in any manner TO the Cbancery and Probate
Courts that are not repealed by this act, nor
inconsistent with the Constitution, be, and
the same are hereby continued in force,
so far as they may be applicable TO the
Chancery Courts established by this act.
Sec. %. Be it further enacted, That saia
Court may, and shall have power to direct
by proper plenary proceeding. TO make all
and may direct jury to be summoned from
the citizens of the county qualified by law
to serve as jurors, who shall attend, be en-
pannelled and serve to try the issues sub
mitted to them, and shall return their YER
diet according to the evidence and instruc-
tions of the Court; Provided, That the Ju-
rors so summoned shall be subject to chal-
lenge for cause. or peremptorlalIy IN the
same way that jurors are subject to chal-
lenge in the Circuit Courts of the State, and
boil HNaa IaA TO fhn mo
and to be paid in the same manner that jul
rors are paid who serve in the Circuit Court.
SEC. %. Be il further enacted. That the
same fees shall be allowed the Clerks and
SheritfS for services rendered as such, in
said Chancery Courts. or in relation TO any
duties imposed upon them by law, that are
prescribed in Chapter VIII of the Revised
Code of the State, 1851. for like services rem
dered as Clerks of the Probate Court. or as
Clerks of the Chaneery Courts, or any other
service required of them in their capacity of
Sheriff or Clerk. and said Clerks and Sheriffs
for any default for malfeasance in Office in
relation to any of the duties imposed upon
them, shall be subject to the same penalties
and punishment imposed under the said
Code for like defaults or malfeasance in
office.
SEC. 30. Be it further enacted, That the
Chancellors appointed in pursuance of this
act shall each receive annually salary of
Thirty-five Hundred Dollars, to be paid
quarterly, out of any money in the Treasury
of the State. not otherwise appropriated I;
and it shall be the duty of the Auditor of
Public Accounts to issue a warrant therefor.
SEC. 81. Be it further enacted, That, when
in any cause pending i'll said Court, the
Chancellor shall be related to either party,
by affinity or consan guinity, within the
sixth degree, or shall have been counsel for
either party, or be interested in the result
thereof, and a Chancellor cannot conve-
niently attend from another District, COM
petent to try he same, the Chancellor shall
designate four members of the bar not so
committed, of counsel, or interested, out of
whom one of the number shall be selected.
who shall preside and try said cause, but all
the proceedings, orders, and DEGREES therein.
shall be signed by the Chancellor, or the
parties may waive such incompetency of the
Chancellor, or may, by agreement, select
some member of the bar to preside and de-
termine said cause.
Sec. 30. Be it further enacted, That said
Chancellor, shall be prohibited from practice
ing law in the Courts of this State or of any
States. under penalty of being deemed gull
ty of a high misdemeanOr, and removed
from Office upon conviction therefor.
Sec. 80, Be it further enacted, That the
Clerks of the Chancery Courts herein estab-
lished, shall be prohibited from practicing
law. during their continuance in office, eth
er as attorneys, advocates or conveyancers.
or from receiving any fee or reward for
any service rendered as Clerk of said Court.
other than the fees prescribed by law, and
upon conviction for a violation of this sec
ton, shall be fined not exceeding five hun
bred dollars, and dismissed from office.
Sec "a. Be it further enacted, That IL
addition to the powers and Jurisdiction here
inbefore conferred upon said Chancery
Court, the Courts in which the will NAV
have been admitted to probate, letters of
granted, or guardians may
have been appointed. shall have power and
to hear ana determine all ques-
tions in relation to the execution of the
trust of such executors, administrators and
guardians or other officers appointed for the
and management Of such es-
tates, and of all demands against the same.
and such estates. whether claimed by heirs
at-law, distributes, deyisees, legatees.
wards, creditors or otherwise, and shall
have power and Jurisdiction in all cases in
which bonds or other obligation shall have
been executed in any proceedings had in
said Court, in relation to such estates or
other proceedings had in said Chancery
Courts, to hear and determine upon proper
and proof, the liability OF the
Obligees, in such bond or obligation,
as principal or surety, and by de-
cree and process TO enforce such liability.
Sec. 30. Be it further enacted. That the
ChaneerY Court may, upon bill filed by any
of the parties in interest, order the sale of
any real estate held in joint tenancy, tenan-
oy in common, or coparcenary, whenever,
in the opinion of the Court. a sale viii bet
ter promote the interests of all parties than
a partition and may appoint a commissions
er to make the sale; and may make any or
der necessary to protect the rights of all
parties interested, and to carry the sale into
full effect. The money arising from such
sale, after the payment there from of such
costs and expenses as the Court may direct,
shall be distributed, by order of the Court,
among all persons interested in the estate |
to their interests.
Sec. 36. Be it further enacted, That i'm |
had in said Court, for the allOt- !
ment of dover, when it shall appear to the
Court that dover cannot be allotted out of
The real estate, without great prejudice to
the widow or heirs. and that it will be most |
10 the interest of such parties that real es-
tate may be sold, the Court may decree a |
sale of the real estate. free from such dover, |
and that such portion of the proceeds may /
be paid to the widow in lieu thereof, or her |
interest therein otherwise Secured, as to the |
Court may seem equitable and just.
Sec. 36. Be it further enacted, That the |
chancellors shall have power to adopt such \
)ther rules as may be found necessary for !
The proceedings and determination of the 1
business in said Chancery Courts, respect
vely.
Sec. 80. Be it further enacted, That all |
lemurrers shall be disposed of at the term |
IF the Court at or to which they are filed, |
unless good cause be shown tor a continu- |
ance.
Sec. 80. Be it further enacted, That the |
papers in all equity causes remaining I'M
disposed of in the County Court of each /
county. with a certified transcript of the |
had by such County Court /
therein. shall be filed in the office of the |
Clerk of the Chancery Court of the county, |
which Chancery Court shall proceed to hear
and determine the same.
Sec. 40. Be it further enacted, That the |
Chancellor, before entering on the duties of
his Office, shall t. Ike the oath of Office, to be
by him, and duly certified by the
officer administering the same, which said /
path may be administered by any officer |
10 administer an oath, aud shall /
De entered on the minutes of the first Chan
cry Court Of the proper county that may |
10 held AFTER his anno10fraanf and flad nv L