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

flied part OF the record of the cause.
Sec Is. Be 1t further enacted, That section
1892 o! said Code be and the same is hereb,
amended by inserting Immediately after thu
word sit" in the third line of said section
the words lowing debts probated reduced
to Judgment in this State.
SEC 10. Be IL further enacted That section
1925 of said Code be, and the same is hereby
amended SO to read as follows: s. 1905
Whenever it shall appear to the satisfaction Of
the chancellor, or to the chancery clerk of the
proper county, that the penalty of the bond
provided for in this article, is not sufficient in
amount to secure a faithful discharge of the lu
ties of the county administrator, it shall be
lawful for such chancellor or Chancery clerk,
III vacation, alter proper notice given. to require
the said administrator to give additional
bond in such penalty as such chancellor or clerk
may deem sufficient to secure the rights of all
| parties interested; and on compliance with
| any such raqusition, such defaulting county
I administrator may be removed from Office as
other administrators removed for similar
! defalcations
SEC. 20. Be 1T further enaets1 That section
| ITO Of said Code be, and the same is hereby
| amended to read as follows S. ITO
/ When the testator, by will, shall direct that his
! executors shall not be required to give bond,
then none shall be required unless the court
or clerk in vacation at any time should have
good reason to suspect the executor of fraud or
NAL administration, or any more cred
ltors of such testatOr should petition the court
under oath setting forth his or their indebted
pess, snd stating that he or they verify believe
bond to be necessary for the eventual recov-
cry of his their debt, in which event it shall
be the duty of the chancellor or clerk in vaca-
tion to require bond with good security for an
amount at least sufficient to cover the debts
problted against or shown to be outstanding
against the estate of such testator; and if it be
not given, to remove the executor and grant
letters of administration with the will annexed
SEC. 2l. Be 1t further enacted, That section
1131 of said Code, be amended by inserting
the words chancellor or clerk in vacation"
after the word .'court' wherever the same occurs
in said section.
1875, of said Code, be and the same is hereby
amended as follows Add to said section the
following words: If no paper be published in
the county, the said notice may be made by
posting in five ~ public places in the county,
of which shall be the court house door,
affidavit of which notice, or proof of pubIca-
ton, shall be made and filed with the papers
in the cause.
SEC. %. Be At further enacted, That section
1852, OF said Code, be and the same is hereby
amended After the word report " in the
fourth line, insert the following words "With
the evidence" Strike out in the fifth line
the Words 'sthe report ;" and insert in lieu
thereof, the words ''right and JUSTICE
SEC. 2f. Be At further enacted, That section
1146 of said Code, be and the same is hereby re-
pealed, and the following substituted therefor
Section l146. When any person shall die leaving
stock OF goods, wares and merchandise of any
description, the court or chancellor in vacation
may, IN the exercise of sound discretion allow
the executor or administrator to dispose of the
same at private sale, the terms and conditions
Of said sale, being first made known to and ap
proved by the court or chancellor and it shall
be lawful for executor administrator to
dispose OF the interest of his testator or intes
tate in any ship, vessel steamboat or other
Will fba bain
the time and place of sale.
Sec. 25. BE 1t further enacted, That section
1f48, of said Code, be and the same is hereby
amended as follows: Strike all after the word
parties, in the twelfth & p line and insert in
lieu thereof the following ANY creditor who
has proved his claim shall have the right to file
such petition, making administrator or ex-
ecutor, and all other parties interested as heirs
and deVses, defendants in which case should
a sale be ordered, the same may be made by
a commissioner, appointed for that purpose,
bond being required of such commissioners as
in other cases" And if the estate prove to be
insolvent, the same proceedings as to distribu
ton to creditors shall be had, as in cases of in
solvency.
SEC &c Be 1t further enacted, That section
1149 Of said Code, be and the same is hereby
amended asfollows: After the word "admiris-
TRAITOR" in third line, insert the words, sor
creditors"
SEC. 81. Be 1t further enacted, That section
amended as follows: Insert after the word 'sad-
ministrator,' in first line, the words cor com.
missioner"
SEC. Is. Be 1t further enacted, That, in all
sales of real or personal property, made in pur
suance of any decree of the chancery court or
of the orders of the clerk thereof, in vacation
made a credit, and in which the purchase
money is not paid, when the same shall become
due, the party entitled to receive the same may
at the next term thereafter, move the court for
a decree against the purchaser and his sure
ties i'll the note, bond, or other obligation given
to secure the payment thereof, for the amount
of such purchase money, with interest; and
unless the payers or obligors shall show suff-
cient to the contrary, the court shall rem
der decree against the payers or obligors for
the found due, and for which execution
shall issue at law, returnable within ninety
days; Provided, That should said motion not
be~nade at the first term after such purchase
money shall fall due, motion may be made at
any subsequent term, upon ten days notice in
writing of the intention to enter such motion
being first given to those against whom said
motion is made, when the same proceedings
shall be had as though the motion had been
made at the first term after the amount due
had become payable.
Sec 80. Be 1t further enacted, That section
1851, of said Code, be and the same is hereby
amended as follows Insert after the word adj
minstrator," wherever it occurs in the section,
the word commissioner"
Sec 80. Be 1t further enacted, That section
1859, of said Code, be and the same is hereby
amended by inserting the word commissioner