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


| ti0nal or special bond, In any case pending
| in said Court. which bond or bonds shall be
recorded, and may be sued on for the penal
] ty therein imposed, ia such manner as may
be provided By. law. And said Clerk may.
by and with the consent of the Chancellor,
appoint one or more deputies, who shall
| take an oath faithfully to discharge their
duties as such, and who shall have the pow
| err and authority. as such Deputies, TO trans
act such business as the said Clerk might
| properly perform, were he present andA
| ing the same himself.
SEC. ID. Be it further enacted, That should
said Office of Clerk become vacant, or The
/ Clerk become unable or refuse to perform
any of the duties required of him, the Chan
! cellor may appoint a Clerk to perform the
duties of said Office until said Clerk may be
able to perform the same, or a successor
| elected and qualified; and that said Chancel-
| lor may require of said appOintee to enter
| into bond upon the same terms and condi-
tions as provided for clerks in this act, il
said Chancellor shall deem it necessary; and
| the Clerk so appointed, shall be authorized
| 10 perform the duties of Clerk, and to receive
| the fees thereof.
| Sec. IA. Be it further. enacted, That the
Clerk shall, by himself deputy, attend all
| the sessions of the Court; he shall enter at
large, all the proceedings of the Court, on
each and every day, which shall be read in
| open Court, at the meeting of the Court on
| the next day, and which, when read and APP
| proved, shall be signed by the Chancellor,
/ anu upon tilC AdSl Qdy Vi Tile ltTI, Tile IDl0-
utes shall be read, approved. and signed on
| the same day. He shall seasonably record
| the DEGREES and orders of the Court; and ne
| SHALL within three months after the final
termination ofthe suit record all the plead
| lngS, proofs, exhibits. and proceedings
therein. in a book to be kept for that purpose,
TO be known as the Book of Final Records
in Chancery," except such pOrti ms as the
Chancellor. by special order, may direct to
| be omitted from said Record Book and any
n xlT1fx a
of him shall be liable to the same penalties
as are imposed upon Clerks of the Circuit
for nom performance of duty.
Sec. 10. Be it further enacted, That the
| Clerk shall keep a general docket in which
he shall enter the names of the parties in
| each suit the time of filing the bill, answer,
plea or demurrers, all other papers in the
cause, the issuance and return of process,
and a note of reference to all orders made
| therein, by the book and page, and shall
make on the papers in every cause. the style
| and number of the suit. and the time when.
| and party by whom filed, and he shall not
suffer any paper so filed, to be withdrawn,
| but by the leave of the Chancellor, and then
only by retaining copy to be made at the
cost of the party obtaining the leave.
Sec. 16. Be it further enacted, That said
| Clerk shall keep an issue docket, in which he
shall at each term set down all causes or
dered by the Court, or either party, to be
! set down for final hearing, or on demurrer,
of all the defendants, in the order in which
| they are so ordered to be set down he shall
| also keep motion docket in which shall be
set down all causes on demurrer or on plea
of part of the defendants.all pdrte petitions,
/ all motions not of course, and all exceptions
/ to proofs, reports, pleadings, and other mat
tiers, and the Court shall call such dOckets in
the order in which the causes are set down
! therein.
Sec. Il. Be it further enacted, That when
the office of said Clerk shall become vacant
the records papers. books, stationery, and
every thing belonging thereto. shall be de-
| liVered to the successor in office, by any
person having the same, on demand and if
any person having the records, papers,
! books, stationery, or other thing, shall re-
! fuse to deliver the same on demand, to the
| person entitled thereto, he shall be liable to
Indictment, and on conviction. may be fined
not exceeding five thousand dollars, or i'm
prisoned not exceeding two years, or both,
and shall moreover be liable for all damages
sustained by any person aggrieved there
by.
Sec Is. Be it further enacted, That said
Court shall make allowance to the Clerk
thereof of ali needful sums of money for
supplying the office with necessary books
and papers belonging thereto and the Au-
ditor of Public Accounts, on such allowance
being certified to him, shall issue his war
rant on the State Treasurer therefor The
seal of said Court shall have the style of
said Court engraved around the margin, and
an eagle in the centre.
Sec. 10. Be it further enacted, That said
Clerk, in person or by deputy. shall, in vaca-
ton, have the power. and IT shall be his duty
to receive the probate of wills in common
form, to grant Letters of Administration,
and Letters Testamentary, to appoint APP
praisers, to make all needful orders for the
collection and preservation of Decedents'
Estates, and the Estates of Minors, and per-
sons non cODlp0S DaentiS, to take the Probate
of claims against Decedents' Estates, to re-
ceive and allow annual accounts of Admin
istratOrs, Executors and Guardians to make
orders for the sale of personal property. and
for the rent and use of real estate, not ex-
ceeding a term of one year, all of which
proceedings had by the Clerk, shall be held
as introductory, and the same shall come up
at the next regular term of the Court held
thereafter or confirmation or rejection by
the Court; but all such orders and proceed
ings may, by order of the Chancellor, in va
cation. be suspended, or vacated, upon Civ
ing to the adverse party such notice as the
Chancellor may direct, and all such pro-
ceedings and orders shall be subject to such
orders and DEGREES as said Court may deem
right and equitable, at the next term of sail
Court, or at a subsequent term, as the Court
may direct; the Clerk of the Chancery Court
by virtue of his Office shall he the Master or
Commissioner of the Court, and shall have
all the powers now, or that may hereafter be
conferred by law on the Master or Commits
sioner in ChanceFy. and who shall receive
for services rendered compensation to be
fixed by law, provided the Chancellor may
for reasons or cause, appoint and constitute
any other person Master or Commissioner in
special causes in said Court; Provided,
That in all such proceedings had before the
Clerk, the same pleadings and proofs shall
be required and had as though the proceed
ings were had before the Court, and the said
Chancellor shall at the next term of the
Court held thereafter examine all bonds
taken by the Clerk IN vacation and make
such orders in relation to the same as he
shall deem necessary and proper for the Sc
curity of the parties interested therein.
Sec. 20. Be it further enacted. That the
Chancellor shall have full power, when
either party shall desire it upon such terms
as the Chancellor may impose, to examine
all parties riud roce in open Court; Provided,
That the testimony as taken of the parties
to the suit shall be reduced to writing by
the Clerk, or by some other person empow-
cred so to do by the Chancellor.
Sec. 81. Be it further enacted, That said
Clerk shall be the custodian of all records.
books and papers belonging, or in any way
appertaining to the office of the Court OF
Probates, or which may hereafter be so re-
Quired in relation to such records. papers, !
books and proceedings, except those re-
quired by law to be delivered to the Clerks
of the Circuit Courts.
Sec. % Be it further enacted, That said
Clerk shall be the custodian of the records, |
papers, and books of the Board OF Police |
and of the Board of Supervisors of the
county, heretofore required by law to be
kept by the Clerk of the Court of Probates;
and as er oBicto Clerk of the Board of Su- |
pervisors, said Clerk shall do and perform |
all acts heretofore required by law 70 be
done by the Clerk of said Beard of Police, |
in relation to the said records, papers, books
and proceedings. or which may hereafter be |
so required in relation thereto.
Sec .. Be it further enacted. That the
Clerk of the Court of Probates of the coun-
", on demand by the Clerk of the Chancery |
Court Of the county, after his appointment |
and qualification, shall deliver to him all the |
records, papers, books and all other property |
in his Office, and upon his refusal to do so |