The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-04-24

said petition, and said notice shall be served by
the sheriff of Warren county. or by a special
commissioner appointed by sad judge TO
/ serve the same, and the said Judge shall have
power to adjourn and continue SAID trial from
day to day, and to fix and appoint other sub
sequent DAYS for the consummation of any
matter connected with said cause. or the
execution of any Judgment he may render or
Tor the settlement OF any accountability OF
any commissioner or commissioners he may
appoint, he may refer these matters, or
any of them, to the circuit court OF Warren
county; said commissioner or commissioners
/ so appointed by said judge or court. shall
| have all the powers of levving. assessing, and
| collecting. said taxes necessary Tor a complete
and perfect levying. assessment and collection
! of the same, or if there be a legal levy or
| assessment, may use the same il it be deliv-
cred to him them. He, or they, shall
give bond bonds. with security. as said
+ judge or court shall direct. All the powers
herein conferred on said circuit Judge in vaca-
ton, are also conferred on the circuit court
The right to a trial by jury under this section,
is given under the same terms and conditions
as required in section of this Act The
remedy by mandamus for any default under
this Act, may be commenced and prosecuted
in the ordinary way, in the court aforesaid
and If so commenced, shall proceed to iudg
ment and execution as herein provided. or
according to the general law as the petit
toner may demand and if there be legal
change of venue, the rights, powers, and
jurisdiction of the court to which such venue
shall be changed. shall be the same exactly as
those of the judge and court mentioned in
this Act.
SEC. 9. BE 1t further enacted, That if the
said mayor and aldermen, or any officer or
agent of said city, shall fail to perform any of
the duties imposed upon them by this Act in
respect to the levy, collection or payment of
any tax herein provided for, or shall fail to
discharge any other duty required by this Act,
in the manner at the time required, the said
duties shall nevertheless be continuous, and
they shall be compelled to perform the same
at any time, and the holders of said bonds or
coupons, or any of them, shall be entitled to
the remedy by mandamus to compel the per
formance thereof, without first obtaining
judgment upon their bonds or interest cou-
pons; and if in any such proceeding, the said
mayor and aldermen, or any other defendant
thereto, shall claim to have any defense to the
demand of the plaintiff or relatOr, he they
shall set the same forth in an answer verified
by oath, and the court Judge, before whom
such proceedings are pending, shall thereupon
make such orders, regard being had to the
constitutional rights of the parties as shall
secure speedy and orderly determination of
such matter of defense which being disposed
of a peremptory writ shall be awarded or
refused, according to the right and justice of
the case, and if such peremptory writ III any
case be awarded, and il the said mayor and
aldermen shall refuse or neglect to obey the
same, shall obey the same evasively. or
shall otherwise defeat or impede delay the
enforcement thereof, then the court or Judge
before whom the proceeding shall be pending,
shall attach the person or persons SO i'll de
fault for contempt, and shall appoint one or
more commissioners to perform the duties
which the said mayor and aldermen, or other
officer or agent, should otherwise have per-
formed in the premises and may make all need
ul orders to secure to the plaintiff or relator the
benefit of the provisions Of this Act according to
the true intent and meaning thereof. If either
party in any proceeding by mandamus under
this Act, shall demand a trial by jury as to
any matter of fact in issue between the par
ties. the court judge shall cause a proper
issue to be made up, and select competent
jury to try the same, and direct the sheriff to
summons the persons selected hy MIN,
which jury shall be Immediately impannelied,
and try said issue before said judge or court.
The costs of said jury shall be collectable as
costs, and adjudged against the losing paTty,
and a failure to demand jury shall be a
waiver thereof, and in such case the court or
Judge shall decide the question of fact All
the proceedings in this section may be had
before the Judge or court mentioned in sec
ton eight Of this Act, and may be in accord
ance with said section, which is herebv made
applicable, a. far as suitable, 20 the proceed
lngs under the section; and if there shall be
a mistrial for any cause, the court or Judge
may and shall instanter impanel another jury
TO try said issues, and said court or Judge NAV
grant q new trial TO either party. and in case
new trial is granted, it shall be had instanter
before another jury impanelled as aforesaid
SEC. TO- BE 1t further enacted, That in all
proceedings under this Act by mandamus,
either party shall have the right to appeal or
sue out writs of error to the Supreme Court,
as In other cases, except there shall no super
sedeas pending said appeal or writ eff error,
as to any matter ordered by said Judge or
&2mTf9gr. :" f61 majntiff or relator or those in
that noble of Fra sues; but as to all other mat
emily enamored o judgment of the court shall
bnt to the constitution as if no appeal had been
h3rass and troublerror issued
erous interviews further enacted, That if any
me of those women y shall fail or refuse to per
Is she one whose Inquired of him by any order
OF JjGdgfhent OF the judge or court mentioned
in this Act, he shall be subject to punishment
as for a contempt as in other cases of failure
of an officer of court to obey and perform its
judgment decree, and this provision shall
not BIO construed to exempt said officer from
any civil liability which he may thereby incur
SEC. y. Be 1t further enacted, That it shall
not be lawful for any officer to resign his office
after any proceeding has been commenced
against him to compel him to discharge the
duties imposed on linn by this Act, and any
such attempt to resign shall be null and void,
and his powers shall remain and continue
until he shall have discharged the duties i'm
posed on him by law, or the order or iudg-
ment rendered or to be rendered in said pro-