The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-03
Vol. XXXIX.---No "a.

ance' in the third line of said section tn
words 50 Or from preparing papers relating t
any Court
SEC. Z. Be 1t further enacted, That section
1905 of said Code be and the same is hereb,
amended as to read as follows: S. 1905
Process shall be made returnable on the mex
monthly rule day in vacation succeeding its is
suance, or on the first day of the regular tern
of the Court, and shall in all cases be executed
five days before the return day, and if not ex
ecuted within that time, no answer shall be re
quired until the next monthly rule day.
SEC. s. Be 1t further enacted, That section
/ zoos of said Code be and the same is hereb
/ amended by inserting after the word process
in the 9th line of said section, the words, 8 and
| one fee only shall be charged for each sum
| mons issued, whether such summons contains
| one or more names.'
SEC. 9. Be 1t further enacted, That section
1913 of of said Code be and the same is hereby
amended by striking out the word g two " in the
seventh (7) line of said section, and inserting
the word T" one" in lieu thereof. Also by in
serting the words under oath in the seven
teenth 90 line of said section Immediately af-
ter the word " writing"
SEC. 10. Be 1t .further enacted, That section
1920 of said Code be and the same is hereby
amended so as to read as follows S. 1920
Rules shall be held by the chancery clerk, at
his office, on the first Monday of every month
i'll vacation, to be called monthly rules, for the
purpose of hearing and considering such mat
G0rS, ana granting Sucn OTU0TS as SalQ clerk Is
authorized by law to do; and such monthly
Rules shall continue from day to day, so long
as business may require. Any day of the term
or of vacation, however, shall be Rule day
for the purpose of filing papers in said court,
and for issuing process or making orders of
publication against defendants. Process may
be made returnable on such monthly Rule days
in vacation, and all DEGREES nisi orders for
taking bills as confessed; orders of revivors
for or against the representatives OF deceased
person; all orders of course and such other
matters a, are authorized by law the rules
of the court, may be taken, entered and done
at the monthly Rules in the same manner as if
done in open court, subject, however, to the
control of the court and the clerk shall keep
full minutes of the proceedings at the Rules,
and shall make entry OF all such proceed
ings upon the motion docket for confirmation
rejection by the court, as hereinbefore pro
vided
SEC. II. BE 1t further enacted That section
1926 of said Code, be and the same is hereby
amended by adding thereto the following pro-
viso: Provided, That when exceptions to bills
or answers are filed in term time in
ton, and no report made by the master to the
next term, they shall be set down for hearing
by the court in the same manner as demufrers;
but the court, upon such hearing, may refer
such exceptions to a master, if, III the exercise
of a sound discretion, the court should believe
that the equity and justice of the case would
be promoted thereby.
SEC. II. Be 1t further enacted, That section
1880, of said Code, be and the same is hereby
amended, by adding thereto the following
words: $. Prorided, That complainants in the
original bill may be warned of the filing of
such cross bill by process served or publication
made, as required by law, or by service of no
tice within ten days after filing said cross bill
on their solicitors in original bill Provided
such notice is given at least five days before
the day compliments are required to answer
such cross -bill'
SEC. 10. BE 1t further enacted, That section
1913, of said Code be and the same is hereby
amended so as to read as follows S. 1913. No
Injunction shall be granted, unless the Chan
eellor shall be satisfied Of the compliments
equity, by oath made, of the truth of the allega-
tions of the bill or by other means.
Sec. Il. Be 1t further enacted, That section
1916, of said Code, be and the same is hereby
amended, so as to read as follows: S. 1916.
When an Injunction shall be granted to stay
the sale of personal property levied on by vir-
tue of an execution or other process OF Court,
or seized under the powers granted IN a deed
of trust or mortgage, the Chancellor may order
the property to be restored to the complain
ant on his giving bond to the officer or person
empowered to sell under such deed of trust or
mortgage, with good sureties, in double the
value of the property, to be assessed by Such
sheriff. or person vested with power OF sale I'M
der the deed of trust or mortgage, payable to
the plaintiff in execution or beneficiary of the
trust deed or mortgage, as the case may be,
and conditioned for the re-delivery of the prop
ertv to said officer or person who seized under
deed of trust or mortgage, in case the injunc-
ton dissolved, which bond shall be returned by
the officer with the execution or order process
or filed by the person seizing under trust deed
or mortgage, in the circuit clerks Office of the
county where the property is situated, and shall
have the force and effect of judgment; and
in case the property shall not be re delivered
to said officer his successor or other person
Al forac al IInAo frnct
mortgage as the case may be, within fifteen
DAYS after the dissolution of such injunction,
the clerk of the Court to which the bond was
returned shall issue execution thereon for the
amount of the assessed value of said property
and all costs But in such cases, the lien
on the property created by the judgment de-
cree. deed of trust or mortgage and the execu-
tion and levy shall remain in force, and the
officer in cases of levy under execution or order
process on a writ of venditioni exponas, or
other order of sale, may seize the property SO
levied on wherever the same may be found.
SEC. Is. Be ct further enacted, That section
1851 of said Code be and the same Is hereby
amended bv adding to said section the follow
ing: Provided, That in of mortgages and
deeds of trust the damages shall be five per
cent. on the amount of the debt whenever the
value of the property equals the debt When,
however, the value of the property IS less than
the debt, then the damages shall be hYe per
cent. on the value of the property.
SEC 10. Be it further enacted, That secuon
1075 of said Code be and the same is hereby
repealed, and the following section substituted
IN lien thereof: s. 1915 The several Chancel-
1alS or hn1F OTaIn