The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-03

Of the Revised Code of 1911, be. and the same
is hereby repealed, and the following section
substituted therefor: 974 Said chancery courts
shall respectively have general jurisdiction in
all matters properly cognizable in court OF
equity and of divorce and alimony, and also
general jurisdiction of all matters which by
the Constitution and laws were cognizable in
the courts of probate of this State, at the time
of the adoption Of the present Constitution of
this State
SEC. 3 Be 1t further enacted, That section
979 of said Code, be amended so as to read as
follows: 979. Said chancellors shall have power
in term time or in vacation, to grant wrts of
Injunction, habeas corpus, ne exeat, attach
ments, and all other remedial writs, returnabe
to the proper courts, and they shall or may
make orders for bail, and for the appointment
OF receivers, before or after answer filed Such
orders may also be made by any Of the circuit
or supreme court judges of the State. Said
chancellor5 may also appoint receivers to take
charge of money other property Of a de-
ceased person, whose estate is being admins.
tered in the court of such chancellor making
such appointment, whenever the executor or adj
ministrator of such estate shall be removed
from office. to hold such property until another
administrator shall qualify. Receivers may
also be appointed by such chancery courts to
manage or put at interest under its orders, any
distrbutive share of estate of decedent
when the person entitled thereto through alb
sence, disability from other cause, shall de-
Law six months after decree of distribution made
to apply to the administrator therefor; Pro-
yiReR That all orders disappointment ofrecevers
shall fix the penalty of the bond to be given by
them, and the same shall be executed with
proper sureties and approved by the chancellor
or Judge making the order before such receiver
shall enter upon his duties.
SEC 3. Be II further enacted, That sec
ton 992 Of said Code be and the is here
by so amended that it shall be the duty of the
chancery clerk to docket in the manner named
in said section, all proceedings had i'll said
courts in matters testamentary, and of admin
istration in minors business, in allotment of
dover, in cases of idiOtcy, lunacy, and Of per
non c0n1p0s noentis.
SEC. f. BE 1t further enacted, That section
1913 of said Code be and the same is hereby
amended so as to read as follows 903. Said
clerk shall keep an issue docket, in which he
shall, at each term, set down all causes ordered
by the court, or either party, to be set down
for final hearing, demurrer of all the de-
PENDANTS in the order in which they
dered to be set down; and also all cases for
final DEGREES in matters of administration and
guardianship. He shall also keep motion
docket, in which he shall set down all causes
on demurrer, plea of part Of the defend
ants, all er parte petitions, all motions not of
course, and all exceptions to proofs, reports,
pleadings and other matters; also all other
matters pertaining to administration and guar
dianship, which are not final in their nature
order in which causes are set down therein.
Said clerk shall, also, at each term of the court
enter upon said motion docket, for confirma
ton all introductory proceedings pertaining
to said court had before him in vacation. He
shall, also, at each term of the court, produce
before the court a record of all wills and all
bonds taken by order of the court, or required
by law to be given in the proceedings of said
court and for failure of such clerk so to record,
he may be fined by the court in each instance
not exceeding fifty dollars.
Sec. s. Be at further enacted, That section
995, Of said Code, be and the same is hereby so
amended as to read as follows: 995 The clerk
in person. or by deputy, shall in vacation on the
monthly rule days hereafter uamed, have pow
er, and it shall be his duty, to receive the pro-
bate of wills in common form, to grant letters
of administration and letters testamentary and
OF guardianship, to appoint appraisers, to make
all needlul orders for the collection and pre-
servation of estates of decedents, of minors and
persons non compOs menus, to receive ana
allow annual accounts of administrators exec
utors, and guardians; to make orders Tor the
sale of real and personal property, and for the
rent and use of real estate not exceeding the
term of one year; to hear and determine all
matters in relation to insolvency of estates, and
to decree distribution thereof; to hear and de-
termine all petitions for the use of lands IN the
settlement and division of estates as well as
the sale of lands belonging to minors and per
sons non compos mentis also for the sale or
division of lands held in joint tenantcy in com
mon and coparcenary; to order the sale or COM
promise of claims as provided by law; TO
compel the return of inventories, accounts and
reports by executors, administrators and guardi
ans; to allow guardians to exceed income OF
wards and to loan their money as provided by
law to require new bonds of executors, admin
istrators and guardians in cases now provided
by law to appoint guardians ad Item; to COM
pei the sheriff to attend the court on monthly
Rule days: and furthermore, to hear and decide
all matters relating to the administering of the
estates of decedents, of minors, and OF per-
sons non compos mentis, which are not final In
their nature as fully as if the same were done
by the chancellor. All of which proceedings
had by the clerk shall be held as interlocutory,
and the same shall be entered on the motion
docket by the clerk, and shall come up at the
next term of the court held thereafter for reJec-
ton confirmation but all such orders and
proceedings may, by order of the chancel-
lor In vacation, be suspended upon motion
made before him in vacation upon five days
notice to the opposite party or attorney, and in
case of suspension, the whole subject matter
shall come up at the next term of the court, for
such orders and DEGREES as the chancellor may
deem right and equitable. The clerk OF the
chancery court by virtue of his office, shall be
the master and commissioner of the court, and
shall have all the power now or that may here
after be conferred by law on the master and
commissioner in chancery, and who shall re-
celve for services rendered, a compensation, to
be fixed by law; Provided, The chancellor
may, for reasons or cause, appoint and constitu-
tute any other person, master or commissioners,
in said