The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-18

Inc c8eFA may ME papers ana issue all pro-
cess may issue warrants of appraismeut
may register claims against estates may
make al orders and issue process for the col
lection aud preservation of estates; msy ap-
point some person to collect the estate of a de-
eedent; msy grant letters of administration.
and mag DO all other acts required OF him.
which not requi ed 10 be done alone on
rule days ? 1914
RULE DAYS
Shall be held IN the clerks office under the
direction of the clerk or his deputy on tbs
first Monday of every month in vacation, 10
be continued from day to day, As business may
require.
At such rule days, the clerk may do such
acts SIS he is now authorized to perform, with
one or two exceptions lie is not authorized
to order the sale of land nor can he authorize
a guardian TO exceed the income Of his ward
in expenditures. 1916.
CLERKS MINUTES.
Directions are given the clerk for Keeping
minutes Of his proceedings in vacation and
at rules, land at the expiratio of the month
/ " rules, each month, said clerk shall enter an
| adlournlng order As TO such rules, TO dis
tinguish acts done at rulesfrom other acts done
| IN vacation. 1916.
| L ne uiiudteS. 50 kept snail constitute
record of the office, and shall be carefully pre-
| served such. free from erasure or altera-
| ton; and at the first term thereafter of said !
ned by the court, and, If approved 6v said
| court, shall thereby become minutes Of such
| court, as if entered at a term thereof and all
| of the orders and DEGREES entered in said min
| utes in vacation, shall, by such approval of
the courts become final and be as valid and
etfectual IL done by the court when they
were done by the clerk" 2 lsl7.
APPROVAL OF ORDERS,
Such approval by the court Of said min
utes entered in vacation and adoption of the
| orders and DEGREES made by the clerk as
| shown by said minutes may be evidenced by
| an order of said court approving such orders
and DEGREES excepting such as may be speci-
ned as not approved and II shall not be
cessary Ia enter on the minutes of the court /
in term time, any of said orders or DEGREES
made IN vacation, but the said orders and de-
crees, as entered in vacation, shalt by the /
approval of the court, as aforesaid, become I
the acts of the court, without any other entry I
of them than a general order approving the 4
minutes SO kept in vacation, except speci- (
fed 1918.
Under these sections il viii be the duty Of
the chancellor, as heretofore, to examine care
fully each order Of the clerk, specifying those
that arc disapproved.
Especially in reference TO estates, matters
of guardianship and other e1 parte proceed
lngs, the due administration of the law de-
ponds to a great extent upon the vigilance
and accuracy of the chancellor. Certainly
no more Important or sacred trust is confded
TO any officer than that of properly managing
and preserving the estates of deceased per-
sons and of minors. In the discharge of
these duties the chancellor can not well be
too watchful or too strict. In term time, and
in vacation he is clothed with great power I
and almost unlimited discretion, particularly
in reference to the probate jurisdiction of the
court, which, if properly exercised, viii Ger
tainly prevent any abuse of trust on the part I
of administrators. guardians and other trus-
tees, and will cause clerks, attorneys and
others connected with thecourt to be careful,
painstaking and prompt. t
Nearly all of the existing provisions in re-
ference to the duties of the clerk are retained !
SPECULATION IN COUNTY PAPER I
ANY such clerk or deputy who shall buy or
in any way directly or Indirectly, become the
owner of, or interested in, any warrant or GER
tlicate or claim or demand, payable out Of the ,
county treasury of his county without paying J
therefor the full face value of such warrant or
certificate or demand or interest in it, shall, =
upon conviction. be fined not exceeding five =
hundred dollars and be Imprisoned moi ex-
ceeding six months in the county Jail and be
removed from office a4a such warrant or GER +
tlHchJe Ilasl De NOlu III mis- hAuuS and shall
not be PAID, to him, and the party who trans
terred it to him may at any time recover it or
its proceeds from him. 1926. Il
NEWSPAPERS SUBSCRIBED FOR.
"The clerk Of said court shall subscribe for
such of The newspapers published in his coun-
ty, as the cOnrt or chancellor may direct, not
exceeding two, and shall carefully fle and
preserve the same in his office, and shall from
time to time cause the same to be bound in
suitable volumes, the expense Of which sub
scriptions and binding shall be paid out Of the
county treasury, and in the event no uewsua-
per is published in the county, then the clerk
shall subscribe for the newspaper in which
the publications ordered by said court are u.s.
ually made le4f
JURISDICTION
OF the court as at present exercised is not
restricted. The existing statutes as to the
subjects of jurisdiction are all retained, and
in most cases, the mode of procedure is the
same az a. present.
THE DISABILITIES OF MINORITY
May be removed. The proceedings are SINH
lar to those laid down by the statutes now in
force. The hearing and decree will be gov
erned by the following sections:
when the proper persons have been made
parties to such petition, the court shall exam
inc it and the objections to it. II any and
shall hear testimony given ysga 0oce in open
court, in reference thereto, and shall make such
decree thereon as may be for the best interest
of the minor; and from such decree there
shall be no appeal l841.
The decree may be for the partial removal
of the disability Of the minor, Sc SIS TO enable
him to do some particular act proposed to be
done and specified in the decree il may
be general, and empower him to DO all acts, in
reference to his property, and making con
tracts, and suing and being sued, winch he
could do, if he was twenty-one years Of age
and he deer ma hal att ~ f.
to what extent the disability Of the minor is
thereby removed and what character Of acts
he is empowered to perform, notwithstanding
his minority, and may impose such restrictions
and qualifications as the court thinks proper
1912.
The last OF these sections makes very pro-
per change. In many il might be i'm
portant that the disabilities should be removed
partially, for the purpose Of enabling the
minor to perform a certain specified act, when
it would be wholly unadvisable TO remove them
entirely.
CREDITORS BILL WITHOUT JUDGMENT.
THE said courts shall have jurisdiction Of
bills exhibited by creditors, who have not OBJ
tanned judgments AT law, or having judgments,
have not had executions returned uusatisfed
to set aside fraudulen t con veyances of proper
ty, or other devices resorted to for the purpose
of hindering, delaying or defrauding credI-
tors and may subject the property to the
satisfaction of the demands of such creditors,
as if complainant had a judgment and exc
cuton thereon returned mo property found"
IS43
upon such a bill writ of sequestration or
injunction, or both may be issued upon like
terms and conditions such writs may be
issued in other cases and subject TO such pro-
visions thereafter, applicable in other
cases of such writs." 1874
''The creditor in such case shall have a lien I
upon the property described therein from the
filing OF his bill, except as against bona 6de
purchasers before the service of process upon
the defendant in such BILL" 4 1845.
The importance and utility of these sections
will be readily appreciated. Dishonest debt
ors will, in a great measure, be deprived of