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 LAWS 
 
 OF THE 
 
 STATE OF MISSISSIPPI 
 
 PASSED AT A CALLED SESSION 
 
 OF THE 
 
 MISSISSIPPI LEGISLATURE, 
 
 HELD IN THE 
 
 CITY OF JACKSON, JULY 1801 
 
 jACKSoir, 0m 
 
 ». BARUHLB, 8TATH J>B(tfTftft 
 

 
 THE 
 
 WILLIAM R. PERKINS 
 
 LIBRARY 
 
 OF 
 DUKE UNIVERSITY 
 
 Rare Books 
 
 i 
 
 
TABLE OF CONTENTS. 
 
 CONSTITUTION" from page 9 to 29. 
 
 CHAPTBR. PAGE. 
 
 I.— RESOLUTION to publish an ordinate to amend 
 the Constitution of the State 
 of Mississippi in several parti- 
 culars 29 
 
 II.— AN ORDINANCE to amend the Constitution of 
 
 the State of Mississippi in 
 
 several particulars, 29 
 
 III. — AN ACT to extend the powers and to confirm the 
 acts of the Boards of County Police 
 
 in certain cases. 81 
 
 IV.— MEMORIAL to the Congress of the Confederate 
 
 States,... 34 
 
 V.— RESOLUTION requesting our Representatives in 
 Congress to secure payment of 
 
 mail contractors, 36 
 
 VI.— AN ACT to suspend the collection of the Gulf 
 and Ship Island Railroad tax, and 
 
 for other purposes, 36 
 
 VIL— RESOLUTION authorizing Col. French to make 
 
 test of improved cannon ball, 37 
 VIII.— AN ACT for the relief of Charles Toney of 
 Neshoba county, and for other pur- 
 poses, 37 
 
 IX.— RESOLUTION instructing Board of Trustees of 
 
 State University relative to 
 
 adopting a system of Military 
 
 instruction in said University, 38 
 
 X.— RESOLUTION granting leave of absence to SaniT 
 
 M. Meek, 38 
 
 XI, — AN ACT to authorize the investment of trust 
 funds in the securities of the State, 
 
 or of the Confederate States, 38 
 
 XII— AN ACT to authorize Sheriffs, Tax Collectors, 
 and State Treasurer, to receive the 
 Treasury Notes of the Confederate 
 States of America in payment of 
 taxes and other dues, 39 
 
4 TABLE OF CONTENTS. 
 
 CHAPTEE. PAGE. 
 
 XHL — A BILL to be entitled "An act to define the 
 boundaries of the town of Rodney," 
 
 in Jefferson county, 39 
 
 XIV.— AN ACT entitled "An act to prohibit the sale 
 
 of vinous and intoxicating liquors 
 
 in the town of Sarepta in Calhoun 
 
 county, and in one mile thereof,. . . 40 
 
 XV,— AN ACT to make the Statute Laws of the State 
 
 applicable to the Confederate States, 41 
 XVI. — AN ACT to exempt from Military duty certain 
 citizens of Harrison county during 
 
 the present war, 42 
 
 XVII. — AN ACT to suspend all laws making appropri- 
 ations to the Agricultural Bureau 
 and Agricultural Societies during 
 
 the pendency of the war, 42 
 
 XVIII. — AN ACT to control the funds arising from the 
 sale of runaway slaves in Hinds 
 
 county, 43 
 
 XIX. — AN ACT to provide for the custody and pres- 
 ervation of the records and Judi- 
 cial proceedings of the Circuit and 
 District Courts of the United States 
 
 in this State, . . 43 
 
 XX. — AN ACT to change the time of holding the Pro- 
 bate Court of Wayne county, 44 
 
 XXL— AN ACT for the relief of the Sureties of John 
 M. Girault, late Tax Collector of 
 the county of Claiborne, ......... 44 
 
 XXII. — AN- ACT to amend an ordinance of the Con- 
 vention of Mississippi, adopted 
 the 23d July 1861, entitled "An 
 ordinance to regulate the Military 
 System of the State of Mississippi," 
 and also an ordinance adopted by 
 the said Convention on the 30th 
 of March, 1861, entitled "An ordi- 
 nance to authorize the Governor 
 of the State of Mississippi to trans- 
 fer Volunteers to the service of the 
 Confederate States," and for other ' 
 
 purposes, 45 
 
 XXIIL— AN ACT to remove the civil disabilities of 
 Joel R. Baugh, a volunteer minor 
 in the county of Covington, .... 46 
 
TABLE OF CONTENTS. 5 
 
 CHAPTER. PAGE. 
 
 XXIV.— AN ACT to reduce the salary of the Adjutant 
 
 General of this State, 47 
 
 XXV.— AN ACT to change the time of Election of 
 School Commissioners in Green 
 
 county, 47 
 
 XXVI.— AN ACT for the relief of J. C. Murray and 
 
 J. W. Doak, 47 
 
 XXVIT. — AN ACT to provide additional compensation 
 to the Clerks of , the Police 
 Courts of De Soto and Tunica 
 
 counties, 48 
 
 XXVIII.— AN ACT to change the time of holding the 
 Probate Court of Smith coun- 
 ty, 48 
 
 XXIX. — AN ACT to authorize the Commissioners of 
 the Sixteenth Section, of Town- 
 ship 7, Range 13, east, to make 
 titles to the said 16th Section,. . 49 
 XXX.— AN ACT for the relief of Fanning Jones of 
 
 Panola county 49 
 
 XXXI.— AN ACT to remove the civil disabilities of 
 Benjamin P. Herndon, a minor, of 
 
 Madison county, £0 
 
 XXXII.— AN ACT for relief of Frederick Brougher, 
 
 of Panola county, Mississippi,. . .. . 50 
 XXXIII. — AN ACT to repeal the act incorporating 
 
 the town of Ocean Springs, . . 51 
 XXXIV. — AN ACT supplementary to an act entitled 
 "An act to amend the Charter 
 of Incorporation of the Hazle- 
 hurst Male and Female Insti- 
 tute," approved July 5, I860,. 51 
 XXXV.— AN ACT to incorporate the De Soto Bridge 
 Company, and for other pur- 
 poses, 52 
 
 XXXVI.— AN ACT to amend an act entitled "An act 
 to incorporate the Carroll Co. 
 Manufacturing Company," ... 53 
 XXXVII.— AN ACT to ratify a contract entered into 
 
 by the Mayor and Aldermen 
 of the City of Jackson and 
 
 James H. Bowman, 54 
 
 XXXVIII.— AN ACT to amend an act entitled "An 
 
 act in relation to Slaves, Free 
 Neoroes, and Mulattoes," ... 55 
 
6 TABLE OF CONTENTS. 
 
 CHAPTER. PAGE. 
 
 XXXIX.— AN ACT to amend the 'Charter of the City 
 
 of Jackson, 55 
 
 XL.— AN ACT to prohibit the sale of intoxicating li- 
 quors in any quantity in Beat No. 17, 
 
 in the county of Tippah, and for 
 
 other purposes, 56 
 
 : XLL— AN ACT. for the relief, of .William H. Rogers. 
 
 Assessor of Scott county. '. '. 56 
 
 XLII.— -AN ACT to divide the State of Mississippi in 
 
 seven Congressional Districts, ... 57 
 XLIIL— AN ACT for the relief of Evelina M. Ham- 
 
 mett, ....:... .. . . 58 
 
 XLIY. — AN ACT to authorize the issuance of Patents 
 
 for Lands in certain cases, ...... 59 
 
 XL V.— AN ACT to amend an act entitled "An act to 
 aid in repairing and perfecting the 
 Levee of the Mississippi River in 
 the counties of DeSoto, Tunica, 
 Coahoma, Bolivar, Washington, 
 and Issaquena." approved Dec'r 2, 
 
 1858, 60 
 
 XLVI. — AN ACT to incorporate the Marshall County 
 
 Manufacturing Company,. ...... 61 
 
 XLVIL— AN ACT to amend an act entitled "An act 
 to regulate the Sale of Vinous 
 and Spirituous Liquors contain- 
 tained in Chapter 20 of the Re- 
 vised Code, 66 
 
 XLVIII. — AN ACT to punish tampering with Slaves 
 and otherwise amend the Crim- 
 inal laws of this State, 67 
 
 XLIX. — AN ACT to suspend the collection of the ten 
 cent Levee tax in certain coun- 
 ties, 68 
 
 L. — AN ACT to authorize the Boards of Police of 
 Tunica and Coahoma counties to issue 
 Scrip in payment'for Levee work,. . . 69 
 LI. — AN ACT to amend the Criminal Laws in relation 
 
 to Adultery and Fornication, 70 
 
 Lit— -AN ACT supplemental to "An act to amend the 
 
 Charter of the City of Jackson,. . . 71 
 LUI* — AN ACT making certain appropriations therein 
 
 named, .. 11 
 
TABLE OF CONTENTS. 7 
 
 CHAPTER. PAGE. 
 
 LIT. — A BILL to be entitled an act to suspend the ap- 
 propriation for the Geological Sur- 
 vey of this State during- the war be- 
 tween the United States and the 
 Confederate States of America,. ... 72 
 
 LV. — AN ACT to enable Volunteer Companies, in the 
 service of the Confederate States, to 
 draw the amount due them under the 
 13th section of an act approved Feb. 
 10, I860, entitled "An act further to 
 regulate the Militia and Volunteer 
 System.". 73 
 
 LV1. — AN ACT to exempt money invested in Coufed- 
 erate or State Bonds from taxa- 
 tion • 78 
 
 LVIL AN ACT to modify the Collection Laws of this 
 
 State 71 
 
CONSTITUTION 
 
 OF THE 
 
 STATE OF MISSISSIPPI. 
 
 Abtici.e I. Declaration of rights. |§ V. Executive Department ; militia. 
 II. Distribution of Powers, j VI. Impeachments. 
 
 III. Legislative Department, j VII. General provisions ; slaves. 
 
 IV. Judicial Department ] Amending Constitution ; schedule. 
 
 ARTICLE I. 
 
 DECLARATION OF RIGHTS. 
 
 That the general, great and essential principles of 
 
 liberty and free government may be recognized 
 
 and established, we declare : 
 
 Section 1. That all freemen, when they form a 
 social compact, are equal in rights ; and that no E <J uall £y 
 men, or set of men, are entitled to exclusive, sepa-^ ri °^ 
 rate public emoluments or privileges from the com- 
 munity, but in consideration of public services. 
 
 Sec. 2. That all political power is inherent in 
 thepeople, and all free governments are founded on 
 their authority and established for their benefit ; 
 and, therefore, they have, at all times, an inalien- 
 able and indefeasible right to alter or abolish their 
 form of government in such manner as they may 
 think expedient. 
 
 C— 1 
 
2 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 3. The exercise and enjoyment of religious 
 profession and worship, without discrimination, shall 
 Keligious forever be free to all persons in this State : Pro- 
 worship, vided, That the right hereby declared and establish- 
 ed shall not be so construed as to excuse the acts 
 of licentiousness, or justify practices inconsistent 
 with the peace and safety of the State. 
 
 Sec. 4. No preference shall ever be given by 
 law to any religious sect or mode of worship. 
 
 Sec. 5. That no person shall be molested for his 
 
 opinions on any subject whatever, nor suffer any 
 
 civil or political incapacity, or acquire any civil or 
 
 political advantage in consequence of such opinions, 
 
 except in cases providec^for in this constitution. 
 
 ^ Sec. 6. Every citizen may freely speak, write 
 
 o/speedT and publish his sentiments on all subjects, being 
 
 ' responsible for the abuse of that liberty. 
 
 Sec. 7. No law shall ever be passed to curtail 
 or restrain the liberty of speech or of the press. 
 
 Sec. 8. In all prosecutions or indictments for 
 libel, the truth may be given in evidence ; and if it 
 Truth to shall appear to the jury that the matter charged as 
 be given libelous is true, and was published with good motives 
 mevidnce an( j f or justifiable ends, the party shall be acquitted; 
 secutions" anc * tne .l m T SQa ^ nave ^ ne right to determine the 
 for libel, law anc ^ the facts. 
 
 Sec. 9. That the people shall be secure in their 
 persons, houses, papers and possessions, from unrea- 
 sonable seizures and searches ; and that no warrant 
 to search any place, or to seize any person or thing, 
 shall issue without describing the place to be 
 searched, and the person or thing to be seized, as 
 nearly as may be, nor without probable cause, sup- 
 ported by oath or affirmation. 
 
 Sec. 10. That in all criminal prosecutions, the 
 accused hath a right to be heard by himself, or 
 counsel, or both ; to demand the nature and cause 
 T ^ e a £ cu ' of the accusation ; to be confronted by the witnesses 
 heard and a g a i nst ^ m j to nave a compulsory process for ob- 
 convicted. taining witnesses in his favor ; and, in all prosecu- 
 tions, by indictment or information, a speedy and 
 public trial by an impartial jury of the country 
 where the offence was committed ; that he cannot 
 be compelled to give evidence against himself ; nor 
 can he be deprived of his life, liberty or property, 
 but by due course of law. 
 
CONSTITUTION OF MISSISSIPPI. 3 
 
 Sec. 11. No person shall be accused, arrested 
 or detained, except in cases ascertained by law, and 
 according to the form which the same has pre- 
 scribed ; and no person shall be punished but in 
 virtue of a law established and promulgated prior 
 to the offence, and legally applied. 
 
 Sec. 12. That no person shall, for an indicta- 
 ble offence, be proceeded against criminally byProceed- 
 inibrmation, except in cases arising in the land or ingsin in- 
 naval forces, or in the militia, when in actual ser- d * ctable 
 vice, or by leave of the court, for misdemeanor in offences - 
 office. 
 
 Sec. 13. No.person shall, for the same offence, 
 be twice put in jeopardy of life or limb ; nor shall 
 any person's property be taken or applied to public 
 use without the consent of the Legislature, and 
 without just compensation being first made therefor. 
 
 Sec. 14. That all courts shall open, and every 
 person, for an injury done him in his lands, goods, 
 person or reputation, shall' have remedy by due 
 course of law, and right and justice administered 
 without sale, denial or delay. 
 
 Sec. 15. That no power of suspending laws 
 shall be exercised except by the Legislature or its 
 authority. 
 
 Sec. 16. That excessive bail shall not be re- Excessive 
 quired, nor excessive fines imposed, nor cruel pun- bail, 
 ishment inflicted. 
 
 Sec. 17. That all prisoners shall, before con- 
 viction, be bailable by sufficient securities, except A 
 for capital offences, where the proof is evident, or £ a ^ e°a s 
 the presumption great ; and the privilege of tire corpus,*c. 
 writ of habeas corpus shall not be suspended, un- 
 less, when in a case of rebellion or invasion, the 
 public safety may require it. 
 
 Sec. 18. That the person of a debtor, whenw hen 
 there is not strong presumption of fraud, shall not debtor not 
 be detained in prison after delivering up his estate* , he im- 
 for the benefit of his creditors, in such a manner as P 1 ^ 011 ^- 
 shall be prescribed by law. 
 
 Sec. 19. No conviction for any offence shall 
 work corruption of blood or forfeiture of estate ; 
 the Legislature shall pass no bill of attainder, ex 
 post facto law, nor law for impairing the oligation 
 of contracts. 
 C— 2 
 
4 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 20. No property qualification for eligibil- 
 ity to office, or for the right of suffrage, shall ever 
 be required by law in this State. 
 T . . Sec. 21. That the estates of suicides shall de- 
 tat es of scenc ^ or ves ^ as * u cases ®* natural death ; and if 
 suicides, any person shall be killed by casuality, there shall 
 be no forfeiture by reason thereof. 
 
 Sec. 22. That the citizens have a right, in a 
 rjrj^ riaht peaceable manner, to assemble together for their 
 of petition common good ; and to apply to those invested with 
 the powers of government for redress of grievan- 
 ces, or other purposes, by petition, address or re- 
 monstrance. 
 Right to Sec. 23. Every citizen has a right to bear arms 
 bear arms in defence of himself and of the State. 
 
 Sec. 24. No standing army shall be kept up 
 No stand- without the consent of the Legislature; and the 
 ing army, military shall, in all cases and at all times, be in 
 except,&c strict subordination to the civil power. 
 
 Sec. 25. That no soldier shall, in time of peace, 
 be quartered in any house without the consent ot 
 the owner, or in time of war, but in the manner to 
 be prescribed by law. 
 
 Sec. 26. That no hereditary emoluments, privi- 
 leges or honors shall ever be granted or conferred- 
 in this State. 
 
 Sec. 27. Emigration from this State shall not 
 E m i gra- be prohibited, nor shall any free white citizen of 
 tion, &c. this State ever be exiled under any pretence what- 
 ever. 
 T r i al by ^EC. ^* ^ ne Yl E^ °f ^^1 by jury shall remain 
 jury, inviolate. 
 
 Sec. 29. No person shall be debarred from pro- 
 Prosecu- secuting or defending any civil cause for or agaifist 
 tion o fhim or herself, before any tribunal of this State, by 
 suits. him or herself or counsel, or both. 
 
 Sec. 30. No person shall ever be appointed or 
 Tenure of elected to any office in this State for life or during 
 office. g 00C i behavor ; but the tenure of all offices shall 
 be for some limited period of time, if the person ap- 
 pointed or elected thereto shall so long behave 
 well. 
 
CONSTITUTION OF MISSISSIPPI. 5 
 
 CONCLUSION. 
 
 To guard against transgressions of the high 
 power.- herein delegated, we declare that every- 
 thing in this article is excepted out of the general 
 powers of government, and shall forever remain 
 inviolate : and that all laws contrary thereto, or to 
 the following provisions, shall he void : 
 
 ARTICLE II. 
 
 DISTRIBUTION OF COWERS. 
 
 Sec. 1. The powers of the government of the 
 State of Mississippi shall be divided into three dis- D istribu- 
 tinct departments, and each of them confided to a tion o 
 separate, body- of magistracy, to-wit : those which P owers - 
 are legislative to one, those which are judicial to 
 another, and those which are executive to another. 
 
 Sec. 2. No person, or collection of persons, be- 
 ing of one of those departments, shall exercise any 
 power properly belonging to either of the others, 
 except in the instances hereinafter expressly direc- 
 ted or permitted. 
 
 ARTICLE III. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Sec. 1. Every free white male person of the 
 age of twenty-one years or upwards, w T ho shall be 
 a citizen of the Confederate States of America. 
 and shall have resided in this State one year 
 next preeeeding an election, and the last four Q u alified 
 months within the county, city or town, in which e l ectors - 
 he offers to vote, shall be deemed a qualified elec- 
 tor : and any such qualified elector, who may 
 happen to be in any county, city or town, other 
 than that of his residence, at the time of an election, 
 or who shall have removed to any county, city or 
 town within four months proceeding the election, 
 from any county, city or town, in which he would 
 have been a qualified elector had he not so removed 
 may vote for any State or district officer, or mem- 
 ber of Congress, for whom he could have voted in 
 the county of his residence, or the county, city or 
 town from which he may have so removed, 
 
6 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 2. Electors shall, in all cases except in those 
 of treason, felony, or breach of the peace, be privi- 
 Electors. hedged from arrest during their attendance on elec- 
 tions, and going and returning from the same. 
 
 Sec. 3. The first elections shall be by ballot, 
 and all future elections by the people shall be regu- 
 lated by law. 
 
 Sec. 4. The legislative powers of this State shall 
 be vested in two distinct branches : the one to be 
 styled "the "Senate," the other, "the House of Rep- 
 resentatives," and both together "the Legislature of 
 the State of Mississippi f and the style of their 
 laws shall be, u Be it enacted by the Legislature of 
 the State of Mississippi. 
 
 Sec. 5. The members of the House of Repre- 
 sentatives shall be chosen by the qualified electors, 
 and shall serve for the term of two years, from the 
 day of the commencement of the general election, 
 and no longer. 
 
 Sec. 6. The representatives shall be chosen 
 every two years, on the first Monday and day fol- 
 lowing in November. 
 
 Sec. 7. No person shall be a representative un- 
 less he be a citizen of the Confederate States of 
 Qualifica- America, and shall have been an inhabitant of 
 tions. this State two years next proceeding his elec- 
 tion, and the last year thereof a resident of the 
 county, city or town for which he shall be chosen, 
 and shall have attained the age of twenty-one years. 
 Sec. 8. Elections for representatives for the 
 E lections several counties shall be held at the places of hold- 
 where to ing their respective courts, or in the several election 
 be held, districts into which the county may b- divided ; 
 Provided, that when it shall appear to the legisla- 
 ture that any city or town has a number of free 
 Whe n a wn ^e inhabitants equal to the ratio then fixed, such 
 town or city or town shall have a separate representation, 
 city enti- according to the number of free white inhabitants 
 tledtosep therein, which shall be retained so long as such city 
 arate rep- or town shall contain a number of free white in- 
 tion 6n a " habitants equal to the existing ratio, and thereafter, 
 and during the existence of the right of separate rep- 
 resentation in such city or town, elections for the 
 county in which such city or town, entitled to sepa- 
 rate representation, is situated, shall not be held in- 
 such city or town : And provided, that if the residu- 
 
CONSTITUTION OF MISSISSIPPI. 7 
 
 um or fraction of any city or town, entitled to sepa- 
 rate representation, shall, when added to the residu- Residuum 
 um in the county in which it may lie, be equal to the &c. 
 ratio fixed by law for one representative, then the 
 aforesaid county, city or town, having the largest 
 residuum, shall be entitled to such representation : 
 And provided, also, That when there are two or 
 more counties adjoining, which haveresiduums over 
 and above the ratio then fixed by law if silch resi- 
 duum s, when added together, will amount to such 
 ratio, in that case one representative shall be ad- 
 ded to that county having the largest residuum. 
 
 Sec. 9. The Legislature shall, at their first ses- 
 sion, and at periods of not less than every four, nor Enmnera- 
 more than every six years, until the year 1845, and tion and 
 thereafter at periods of not less than every four nor apportion- 
 more then every eight years, cause an enumeration ment. 
 to be made of all the free white inhabitants of this 
 State, and the wholenumber of representatives shall 
 at the several periods of making such enumeration, 
 be fixed by the Legislature and apportioned among 
 the several counties, cities or towns entitled to sep- 
 arate representation, according to the number of 
 free white inhabitants in each, and shall not be ^ e?s of U reDre- 
 than thirty-six nor more than one hundred : Provi- sentatives 
 ded, however, That each county shall always be 
 entitled to at least one representative. 
 
 Sec. .10. The whole number of senators shall, 
 at the several periods of making the enumeration 
 before mentioned, be fixed by the Legislature, and 
 apportioned among the several districts to be Senators > 
 established by law, according to the number of free 
 white inhabitants in each, and shall never be less 
 than one-lburth nor more than one-third of the 
 whole number of representatives. 
 
 Sec. 11. The senators shall be chosen by the 
 qualified electors for four years, and on their being Number, 
 convened in consequence of the first election, they &c. 
 shall be divided by lot from their respective dis- 
 tricts into two classes, as nearly equal as can be, 
 and the seats of the.senators of the first class shall 
 be vacated at the expiration .of the second year. 
 
 Sec. 12. Such mode of classifying new addition- IIow c j 10- 
 al senators shall be observed as will as nearly aspos- sen an( j 
 sible preserve an equality of members in eacli class, classified. 
 
8 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 13. When a senatorial district shall be 
 composed of two or more counties, it shall not be 
 entirely separated by any county belonging to 
 another district, and no county shall be divided in 
 forming a district. 
 
 Sec. 14. No person shall be a senator unless he 
 Qualifica- fo e a citizen of, the Confederate States of America, 
 
 Senators lul shaI1 nave been an "habitant of this State for 
 four years next preceding his election, and the last 
 year thereof a resident of the district for which he 
 he shall be chosen, and have attained the age of 
 thirty years. 
 
 Sec. 15. The House of Representatives, when 
 assembled, shall choose a speaker and its other of- 
 Speakerof ncei,s J an( l tn e Senate shall choose a president and 
 the House its officers, and each house shall judge of the quali- 
 and other fications and elections of its own members, but a 
 officers, contested election shall be determined in such man- 
 ner as shall be directed by law. A majority of each 
 house shall constitute a quorum to do business, but 
 a smaller number may adjourn from day to day, and 
 may compel the attendance of absent members, in 
 such manner and under such penalties as each house 
 may provide. 
 Powers ^ EC - 16. Each house may determine the rules of 
 o f e a c h its own proceedings, punish members for disorderly 
 house. behavior, and, with the consent of two-thirds, expel 
 a member, but not a second time for the same cause; 
 and shallhaveall other powers necessary for a branch 
 of the legislature of a free and independent State. 
 Sec. 17. Each house shall keep a journal of its 
 
 T . proceedings, and publish the same; and the yeas and 
 
 J o u rnals n ,-P -, r e • , i , ' * 
 
 of yeas lia y s members of either house, on any ques- 
 
 and nays, tion, shall, at the desire of any three members pres- 
 ent, be entered on the journal. 
 
 Sec. 18. When vacancies happen in either 
 Vacancies house, the Governor, or the person exercising the 
 powers of the Governor, shall issue writs of elec- 
 tions to fill such vacancies. 
 
 Sec. 19. Senators and Representatives shall, in 
 all cases, except of treason, felony, or breach of the 
 peace, be privileged from arrest during the session 
 Privileged of the legislature, and in going to and returning 
 from ar-f r0 m the same, allowing one day for every twenty 
 rest; ex- m j] es m( ^ member may reside from the place at 
 cep 10n ' which the legislature is convened. 
 
CONSTITUTION OF MISSISSIPPI. 9 
 
 Sec. 20. Each house may punish, by imprison- 
 ment during- the session, any person, not a member, 
 for disrespectful or disorderly behavior in its pres- 
 ence, qt for obstructing any of its proceedings : 
 Provided, such imprisonment shall not, at any one 
 time, exceed forty-eight hours. 
 
 Si-:c. 21 . The doors of each house shall be open, 
 except on such occasions of great emergency as, in 
 the opinion of the house, may require secrecy. 
 
 Sec. '22. Neither house shall, without the con- 
 sent of the other, adjourn for more than three days, 
 nor to any other place than that in which tl icy may 
 be sitting. 
 
 Sf:c. 23. Bills may originate in either house, and 
 be amended, altered or rejected by the other, but no 
 bill shall have the force of a Jaw until, on three sev- 
 eral days, it be read in each house, ami free discus- 
 sion lie allowed thereon, unless four-fifths of the 
 house in which the bill shall be pending may deem 
 it expedient to dispense with this rule ; and every 
 bill, having passed both houses, shall be signed by 
 the speaker and president of their respective houses. 
 
 Sec. 24. All bills for raising revenue shall origi- 
 nate in the House of Representatives, but the Sen- 
 ate may amend or reject them, as other bills. 
 
 Sec. 25. Each member of the legislature shall 
 receive, from the public treasury, a compensation for Compen- 
 his services, which may be increased or diminished j? tl0n ° 
 by law, but no increase of compensation shall take bers mCm " 
 effect during the session at which such increase shall 
 have been made. 
 
 Sec. 26. No senator or representative shall 
 during the term for which he shall have been elected, 
 nor for one year thereafter, be appointed to any 
 civil office of profit under the State, which shall M e mbers 
 have been created, or the emoluments of which shall j\ ot elig jf 
 have been increased during such term, except such fi( f e ° ° " 
 offices as may be filled by elections by the people ; 
 and no member of- either house of the legislature 
 shall, after the commencement of the first session of 
 the legislature after his election, and during the 
 remainder of the term for which he is elected, be 
 eligible to any office or place, the appointment to 
 which may be made, in whole or in part, by either ■ m 
 branch of the legislature. 
 
10 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 27. No judge of any court of law or equity, 
 Officers secretary of state, attorney-general, clerk of any 
 not eligi- court of record, sheriff or collector, or any person 
 ble to leg- holding a lucrative office under the laws of the 
 islature. q , n f e derate States of America, or of this State, 
 shall be eligible to the legislature : Provided, 
 That officers in the militia, to which there is 
 attached no annual salary, and the office of the jus- 
 tice of the peace, shall not be deemed lucrative. 
 Sec. 28. No person who has heretofore, or here- 
 T) f lte s a ^ er ' ^ een a collector or holder of public moneys, 
 shall have a seat in either house of the legislature 
 until such person shall have accounted for, and paid, 
 into the treasury, all sums for which he may be 
 accountable. 
 
 Sec. 29. The first election for senators and 
 
 representatives shall be general throughout the 
 
 First elec- State, and shall be held on the first Monday, and 
 
 tion,when day following, in November, 1833 ; and thereafter 
 
 holden. there shall be biennial elections for senators to fill 
 
 the places of those whose term of service may have 
 
 expired. 
 
 Sec. 30. The first and all future sessions of the 
 legislature shall be held in the town of Jackson, in 
 ~ , f the county of Hinds, until the year 1850. During 
 govemm't ^ ne ^ rs * sess i° n thereafter, the legislature shall have 
 power to designate, by law, the permanent seat of 
 government : Provided, however \ That unless such 
 designation be then made by law, the seat of govern- 
 ment shall continue permanently at the town of 
 Jackson. The first session shall commence on the 
 third Monday in November, in the year 1833; and 
 in every two years thereafter, at such time as may 
 be prescribed by law. 
 
 Sec. 31. The governor, secretary of state, treas- 
 urer, auditor of public accounts and attorney-general 
 shall reside at the seat of government. 
 
 ARTICLE IY. 
 
 JUDICIAL DEPARTMENT. 
 
 Sec. 1. The judicial power of the State shall 
 
 Judicial^ vestecl in one n ^ n court °^ errors an 4 a PP ea H 
 
 power. an d such other courts of law and equity as ar« 
 
 hereafter provided for in this constitution. 
 
CONSTITUTION OF MISSISSIPPI. 11 
 
 Sec. 2. The high court of errors and appeals 
 shall consist of three judges, any two of whom shall High co'rt 
 form a quorum. The legislature shall divide the o f errors 
 State into three districts, and the qualified electors a n d a P~ 
 of each district shall elect one of said judges for peals * 
 the term of six years. 
 
 Sec. 3. The office of one of said judges shall £ u w d e f e ^ 
 be vacated in two years, and one in four years, ed term 
 and one in six years — so that, at the expiration of ofomce. 
 every two years, one of said judges shall be elected, 
 as aforesaid. 
 
 Sec. 4. The high court of errors and appeals j u risdic _ 
 shall have no jurisdiction but such as properly be- t i on . 
 longs to a court of errors and appeals. 
 
 Sec. 5. All vacancies that may occur in said 
 court, from death, resignation, or removal, shall be y^^^^ 
 llled by election as aforesaid : Provided, however. 
 That if the unexpired term do not exceed one year, 
 the vacancy shall be filled by executive appoint- 
 ment. 
 
 Sec. 6. No person shall be eligible to the office 
 of judge of the high court of errors and appeals, Where 
 who shall not have attained, at the time of his clec- holden. 
 tion, the age of thirty years. 
 
 Sec. 7. " The high' court of errors and appeals 
 shall be held twice in each year, at such place as First elec- 
 the legislature shall direct, until the year eighteen tion. 
 hundred and thirty-six, and afterwards at the seat 
 of government of the State. 
 
 Sec. 8. The secretary of state, on receiving all 
 the official returns of the first election, shall pro- 
 ceed forthwith, in the presence and with the assis- rp erm £ 
 tance of two justices of the peace, to determine, by fg ce> 
 lot, among the three candidates having the highest 
 number of votes, which of said judges shall serve 
 for the term of two years, which shall serve for the 
 term of four years, and which shall serve for the 
 term of six years ; and, having so determined the 
 same, it shall be the duty of the Governor to issue 
 commissions accordingly. 
 
 Sec. 9. No judge shall sit on the trial of any when 
 cause when the parties or either of them shall be judge dis- 
 connected with him by affinity or consanguinity, or qualified, 
 when he may be interested in the same, except by 
 consent of the judge and of the parties ; and when- 
 
12 CONSTITUTION OF MISSISSIPPI. 
 
 ever a quorum of said court arc situated as aforesaid, 
 the Governor of the State shall in such case es- 
 pecially commission two or more men of law knowl- 
 edge, for the determination thereof. 
 
 Sec. 10. The judges of said court shall receive 
 for their services a compensation to be fixed by law, 
 Salaries. w hich shall not be diminished during their contin- 
 uance in office. 
 
 Sec. 11. The judges of the circuit court shall 
 Judges of be elected by the qualified electors of each judicial 
 circu it district, and hold their offices for the term of four 
 court. years, and reside in their respective districts. 
 
 Sec. 12. No person shall be eligible to the of- 
 fice of judge of the circuit court, who shall not at 
 Qualifica- the time of his election, nave attained the age of 
 tions. twenty -six years. 
 
 Sec. IB. The State shall be divided into conve-. 
 Circuits. n i e nt districts, and each district shall contain not 
 less than three nor more than twelve counties. 
 Sec. 14. The circuit courts shall have original 
 J urisdic- jurisdiction in all matters, civil and criminal, with- 
 tion, &c. i n this State ; but in civil cases only when the princi- 
 pal of the sum in controversy exceeds fifty dollars. 
 Sec. 15. A circuit court shall be held in each 
 county of this State, at least twice in each year ; 
 and the judges of said court shall interchange cir- 
 Chancery cuits with each other, in such manner as may bepre- 
 courts. scribed by law, and shall receive for their services 
 a compensation to be fixed by law, which shall not 
 be diminished during their continuance in office. 
 ♦ Sec. 10. A separate superior court of chancery 
 shall be established, with full jurisdiction in all mat; 
 J urisdic- * ers °** e( l u ^y : Provided, hoivever, The legislature 
 ti 0D> may give to the circuit courts of each county equity 
 jurisdiction in all cases where the value of the thing 
 or the amount in controversy does not exceed five 
 hundred dollars ; also, in all cases of divorce, and 
 for the foreclosure of mortgages. The chancellor 
 shall be elected by the qualified electors of the 
 whqle State, for the term of six years, and shall be 
 at least thirty years old at the time of his election. 
 Sec. 17. 'The style of all process shall be "The 
 Stateof Mississippi/'' and all prosecutions shall be 
 Style o f earned on in the name and by the authority of 
 process. •< The, State of Mississippi," and shall conclude, 
 "against the peace and dignity of the same." 
 
CONSTITUTION OF MISSISSIPPI. 13 
 
 Sec. 18. A court of probates shall be estab- 
 lished in each county of the State, with jurisdiction P ro bate 
 in all matters testamentary, and of administration cour t. 
 in orphans' business, and the allotment of dower, 
 in cases of idiocy and lunacy, and of persons non J u "°dic- 
 compos mentis. The judge of said court shall be tl0n ' 
 elected by the qualified electors of the respective 
 counties, for the term of two years. 
 
 Sec. 19. The clerk of the high court of errors 
 and appeals shall be appointed by the said court, for Clerks. 
 the term of four years ; and the clerks of the pro- 
 bate and other inferior courts, shall be elected by 
 the qualified electors of the respective counties, and 
 shall hold their offices for the term of two years. 
 
 Sec. 20. The qualified electors of each county 
 shall elect five persons, for the term of two years, p°f 
 who shall constitute a board of police for each 
 county, a majority of whom may transact business; 
 which body shall have full jurisdiction over roads, 
 highways, ferries and bridges, and all other matters 
 of count}' police ; and shall order all county elec- 
 tions, to fill the vacancies that may occur in the of- 
 fices of their respective counties. The clerk of 
 the court of probate shall be the clerk of the board 
 of police. 
 
 Sec. 21. No person shall be eligible as a mem- q ualifica- 
 ber of said board, who shall not have resided one tion. 
 year in the county ; but this qualification shall not 
 extend to such new counties as may hereafter be 
 established, until one year after their organization: Va^n^ 
 and all vacancies that may occur, in said board 
 shall lie supplied by election as aforesaid to fill the 
 unexpired term. 
 
 Sec. 22. The judges of all the courts of this 
 State, and also the members of the board of the Conserva- 
 county police, shall in virtue of their offices, be con- tors of the 
 servators of the peace, and shall be. by law, vested pea 
 with ample powers in this respect. P , 
 
 Sec. 28. A competent number of justices of the ^ es 
 peace and constables shall be chosen in each county 
 by the qualified electors thereof, by districts, who 
 shall hold their offices for the term of two years • 
 the jurisdiction of justices of the peace shall be lim- " s *™* 
 ited to causes in which the principal of the amount peace . 
 in controversy shall not exceed fifty dollars : in all 
 
14 
 
 CONSTITUTION OF MISSISSIPPI. 
 
 Inferior. 
 
 Attorney- 
 General. 
 
 Contested 
 elections. 
 
 Ju dges, 
 how re- 
 moved. 
 
 Offic ers, 
 indicted. 
 
 causes tried by justices of the peace, the right of 
 appeal shall be secured, under such rules and regu- 
 lations as shall be prescribed by law. 
 
 Sec. 24. The legislature may, from time to time 
 establish such other inferior courts as may be deem- 
 ed necessary, and abolish the same whenever they 
 deem it expedient. 
 
 Sec. 25. There shall be an Attorney-General 
 elected by the qualified electors of the State, and a 
 competent number of district attorneys shall be 
 elected by the qualified voters of their respective 
 districts ; whose compensation and term of service 
 shall be prescribed by law. 
 
 Sec. 26. The legislature shall provide, by law, 
 for determining contested elections of judges of the 
 high court of errors and appeals, of the circuit and 
 probate courts, and other officers. 
 
 Sec. 27. The judges of the several courts of 
 this State, for wilful neglect of duty or other reason- 
 able cause, shall be removed by the governor, on the 
 address of two-thirds of both houses of the legisla- 
 ture ; the address to be by joint vote of both houses. 
 The cause or causes for which* such removal shall 
 be required, shall be stated at length in such ad- 
 dress, and on the journals of each house. The judge 
 so intended to be removed, shall be notified and 
 admitted to a hearing in his own defense, before 
 the vote for such address shall pass ; the vote on 
 such address shall be taken by the yeas and nays, 
 and entered on the journals of each house. 
 
 Sec. 28. Judges of probate, clerks, sheriffs, and 
 other county officers, for the wilful neglect of duty, 
 or misdemeanor in office, shall be liable to present- 
 ment or indictment by a, grand jury, and trial by a 
 petit jury ; and, upon conviction,- shall be removed 
 from office. 
 
 ARTICLE V. 
 
 executive department. 
 
 Sec. 1. The chief executive power of this State 
 Governor, ghaii b e vested in a Governor, who shall hold 
 JS£i re his office for two years from the time of his in- 
 stallation. 
 
 office. 
 
CONSTITUTION OF MISSISSIPPI. 15 
 
 Sec. 2. The Governor shall be elected by the 
 qualified electors of the State. The returns of every Howelec 
 election for governor shall be sealed up and trans- ted. 
 raitted to the seat of government, directed to the 
 Secretary of State, who shall deliver them to the 
 speakc^of the House of Representatives at the 
 next ensuing session of the legislature, during the 
 first week of whicli session the said speaker 'shall 
 open and publish them in the presence of both 
 houses of the legislature. The person having the 
 highest number of votes shall be Governor ; but if 
 two or more shall be equal, and highest in votes, 
 then one of them shall be chosen Governor by the rw 00 f*,i 
 joint ballot of both houses of the legislate. Con- e l e c tton 
 tested election for Governor shall be determined for Gov- 
 by both houses of the legislature in such manner as ernor. 
 prescribed by law. 
 
 Sec. 3. The Governor shall be at least thirty 
 years of age, shall have been a citizen of some 
 one of the States composing the Confederate States 
 of America, for twenty years, and shall have resi- n „ r , , 
 ded in this State at least five years next preced- tion, 
 mg the day of his election, and shall not be capa- 
 ble of holding the office more than four years in 
 any term of six years. 
 
 Sec. 4. He shall at all times receive for his ser- n 
 vices a compensation, which shall not be increased ^inT" 1 
 or diminished during the term for which he shall be 
 elected. 
 
 Sec. 5. He shall be commander-in-chief of thedeTTn- 
 army and navy of this State, and of the militia, Chief, 
 except when they shall be called into the service 
 of the Confederate States of America. 
 
 Sec. 6. He may require information, in writing, 
 from the officers in the executive department, on 
 any subject relating to the duties of their respec- 
 tive offices. 
 
 Sec. 1 He may in cases of emergency, convene ftftVPrT1 , r 
 the Legislature at the seat of government, or at a to c Tn 
 different place, if that shall have become, since their veiie and 
 last adjournment, dangerous from an enemy or from a d j o urn 
 disease ; and in case of disagreement between the the le S«- 
 two houses with respect to the time of adjournment lature ' 
 adjourn them to such time as he shall think proper' 
 not beyond the day of the next stated meeting of 
 the Legislature, 
 
16 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 8. He shall, from time to time, give to the 
 
 Duty o f Legislature information of the state of thegovern- 
 
 Governor. ment, and recommend to their consideration such 
 
 measures as he may deem necessary and expedient. 
 
 Sec. 9. He shall take care that the laws bt 
 
 faithfully executed. 
 
 Sec. 10. In all criminal and penal cases, except 
 in those of treason and impeachment, he shall have 
 power to grant reprieves and pardons, and remit 
 Power of g neg; aiK ] j n cases f forfeiture, to stay the collec- 
 tfoveraor. ^ Qn imt] -j ^ ^ f the next session of the Legis- 
 lature, and to remit forfeitures by and with the ad- 
 vice and consent of the Senate. In cases of treason, 
 he shall have poAver to grant reprieves by and with 
 the advice and consent of the Senate, but may re- 
 spite the sentence until the end of the next session 
 of the Legislature. 
 Commis- ^ EC - H- ^ commissions shall be in the name 
 sions. and by the authority of the State of Mississippi, be 
 sealed with the great seal, and signed by the Gov- 
 ernor, and be attested by the Secretary of State. 
 Seal of ^ EC - !-• There shall be a seal of this State, 
 the State, which shall be kept by the Governor, and used by 
 him officially, and shall be called the Great Seal of 
 the State of Mississippi. 
 
 Sec. 13. All vacancies not provided for in this 
 Constitution, shall be filled in such manner as the 
 Legislature may prescribe. 
 
 Sec. 14. The Secretary of State shall be elected 
 ^f etar y by the qualified electors of the State, and shall con- 
 tinue in office during the term of twoyears. He shall 
 
 keep a fair register of all the official acts and pro- 
 ceedings^ the Governor, and shall, when required, 
 lay the same, and all papers, minutes and vouchers 
 relative thereto, before the Legislature, and shall 
 perform other duties as may be required of him by law. 
 Sec. 1"). Every bill which shall have passed 
 both houses of the Legislature, shall be presented to 
 Governor the Governor : if he "approve, he shall sign it, but 
 
 reTu r°n if not ' he slia11 return jt > witu 3l3ri objections, to the 
 bills. house in which it shall have originated, which shall 
 enter the objections at large upon their journals, 
 and proceed to reconsider it : if, after such recon- 
 sideration, two-thirds of the house shall agree to 
 Veto. pass the bill, it shall be sent, with the objections, to 
 
CONSTITUTION OF MISSISSIPPI. IT 
 
 the other house, by which it shall likewise be recon- 
 sidered : if approved by two-thirds of that house, it 
 shall become a law ; but in such case, the vote of 
 both houses shall be determined by yeas and nays, 
 and the names of the members voting for and 
 against the bill shall be entered on the journal of 
 each house respectively : if any bill shall not be 
 returned by the Governor within six days (Sundays 
 excepted) after it shall have been presented to him. 
 the same shall become a law in like manner as if he 
 had signed it. unless the Legislature, by their 
 adjournment, prevent its return : in which case it 
 shall not become a law. 
 
 Sec. lr». Every order, resolution or vote to 
 which the.concurrence of both houses may be neces- 
 sary, except resolutions for the purpose of obtain- 
 ing the joint action of both houses, and on questions 
 of adgqnrnment, shall be presented to the Governor, 
 and, before it shall take effect, be approved by him. 
 or, being disapproved, shall be re-passed by both 
 holism, according to the rules and limitations pre- 
 scribed in the case of a bill. 
 
 Sec. 17. Whenever the office of Governor shall 
 become vacant, by death, resignation, removal from 
 office, or otherwise, the president of the Senate . 
 
 shall exercise the office of Governor until another g^™tjiot 
 Governor shall be duly qualified; and in case of vacan ^ 
 the death, resignation, removal from office, or other & c . 
 disqualification of the president of the Senate, so 
 exercising the office of Governor, the speaker of the 
 House of Representatives shall exercise the office 
 until tin 1 president of the Senate shall have been 
 chosen : and when the office of Governor, president 
 of the Senate, and speaker of the House, shall be- 
 come vacant in the recess of the Senate, the person 
 acting as Secretary of State for the time being, ur ^.^ r 
 shall, by proclamation, convene the Senate, that a pr0 
 president may be chosen to exercise the office of 
 Governor. 
 
 Sec. 18. When either the president or speaker 
 of the House of .Representatives shall so exercise 
 said office, he shall receive the compensation of the 
 Governor only ; and his duties as president or 
 speaker shall be suspended, and the Senate or House 
 of Representatives, as the case may be, shall fill the 
 vacancy until his duties as Governor shall cease 
 C— 2 
 
18 CONSTITUTION OF MISSISSIPPI. 
 
 Sec. 19. A sheriff and one or more coroners, a 
 treasurer, surveyor and ranger, shall be elected in 
 each county, by the qualified electors thereof ; who 
 shall hold their offices for two years, unless sooner 
 removed ; except that the coroner shall hold his 
 office until his successor be duly qualified. 
 
 Sec. 20. A State Treasurer and Auditor of 
 Treasurer Public Accounts shall be elected by the qualified 
 and Audi- electors of the State, who shall hold their offices 
 *° r ' for the term of two years, unless soom v removed. 
 
 V MILITIA. 
 
 Section. 1. The Legislature shall provide, by 
 Militia. ^ aw ' ^' or organizing and disciplining the militia of 
 this State, in such manner as they may deem expe- 
 dient, not incompatible with the Constitution and 
 the laws of the Confederate States of America in 
 relation thereto. 
 
 Sec. 2. Commissioned officers of the militia 
 Militia of- (staff officers and the officers of volunteer compa- 
 rers, nies excepted.) shall be elected by the persons liable 
 to perform military duty, and the qualified electors 
 within their respective commands, and shall be com- 
 missioned by the Governor. 
 Powers of Sec. 3. The Governor shall have power to call 
 
 Governo r f or th the militia to execute the laws of the State, to 
 tto call out • i- i - i • 
 
 imilitia suppress insurrection, and to repel lnvasi 
 
 ARTICLE YI. 
 
 impeachments. 
 
 Section 1. The House of Representatives shall 
 have the sole power of impeaching. 
 
 Sec. 2. All impeachments shall be tried by the 
 
 Impeach- Senate : when sitting for that'purpose, the senators 
 
 merit. shall be on oath or affirmation : no person shall be 
 
 convicted without the concurrence of two-thirds of 
 
 the members present. 
 
 Sec. 3. The Governor and all civil officers shall 
 be liable to impeachment for any misdemeanor in 
 Extent of on ^ ce 5 but judgment in such cases shall not extend 
 ®tc ' further than to removal from office, and disqualifi- 
 cation to hold any office of honor, trust, or profit 
 
CONSTITUTION OF MISSISSIPPI. 19 
 
 under the State ; but the party convicted shall 
 nevertheless, be subject to' indictment, trial and 
 punishment, according to law, as in other cases. 
 
 ARTICLE YIT. 
 
 GMfiHMi PROVISIONS. 
 
 Section I. Members of the Legislature, attor- 
 neys and counsellors at law, and all officers, execu- Oathofok 
 live and judicial, before they enter upon the duties fice. 
 of their respective offices, shall take the folio wing- 
 oath or affirmation, to-wit: "I do solemnly swear, (or 
 affirm, as the case may be,) that I will support the 
 Constitution of the Confederate States of Ameri- 
 ca, and the Constitution of the State of Mississippi, 
 so long as I continue a citizen thereof, and that I 
 will faithfully discharge, to the best of my abilities 
 
 the duties of the office of . according to law 
 
 —So help me, God » 
 
 Sec. 2. The legislature shall pass such laws to 
 prevent the evil practice of dueling, as they may 
 deem necessary ; and may require all officers before Dueling, 
 they enter upon the duties of their respective of- 
 fices, to take the following oath or affirmation : " I 
 do solemnly swear, (or affirm, as the case may be,) 
 that I have not been engaged in a duel, by sending 
 or accepting a challenge to fight a duel, or by fight- 
 ing a duel, since the first day of January, in the 
 year of our Lord one thousand eight hundred and 
 thirty-three, nor will I be so engaged during my 
 continuance in office — So help me, God.' 7 
 
 Sec. 3. Treason against the State shall consist 
 only in levying war against it, or in adhering to its Treason, 
 enemies, giving them aid and comfort. No person 
 shall be convicted of treason, unless on the testi- 
 mony of two witnesses to the same overt act, or his 
 own confession, in open court. 
 
 Sec. 4. Every person shall be disqualified from 
 holding an office or place of honor or profit under Bribery at 
 the authority of this State, who shall be convicted elections, 
 of having given or offered any bribe to secure his r 
 election. Laws shall be made to exclude from of- eSS? e | 
 fice or suffrage those who shall hereafter be con-f rom , 
 victed of bribery, perjury, forgery, or other high 
 
20 CONSTITUTION OF MISSISSIPPI. 
 
 crimes or misdemeanors. The privilege of the free 
 Suffrage, suffrage shall be supported by laws regulating elec- 
 tions, and prohibiting, under adequate penalties, all 
 undue influences therein, from power, bribery, tu- 
 mult, or other improper conduct. 
 
 Sec. 5. No person who denies the being of a 
 Atheist ^ oc *' or a f u ^ ure state of rewards and punishments, 
 shall hold any office in me civil department of this 
 State. 
 "When S EC - 6. No laws of a general nature, unless 
 laws g o otherwise provided for, shall be enforced until sixty 
 into effect days after the passage thereof. 
 
 Sec. 7. No money shall be drawn from the 
 
 Money treasury, but in consequence of an appropriation 
 
 fronTtrea^ ma ^ e ^J law ; nor shall any appropriation of money 
 
 sury. f° r tne support of an army be made for a longer 
 
 term than one year. 
 
 Sec. 8. No money from the treasury shall be 
 appropriated to objects of internal improvement, 
 unless the bill for that purpose be passed by two- 
 thirds of both branches of the Legislature ; and a 
 regular statement and account of the receipts and 
 expenditures of public moneys shall be published 
 annually. 
 
 Sec. 9. No law shall ever be passed to raise a. 
 
 loan of money upon the credit of the State, or to 
 
 Skate loan p i e( jg e t j ie f^ f t \ m g tate f or t i ie redemption of 
 
 any loan or debt, unless such law be proposed in the 
 Senate or House of Representatives, and be agreed 
 to by a majority of the members of each house, and 
 entered on the journals, with the yeas and nays 
 taken thereon, and be referred to the next succeed- 
 ing Legislature, and published for three months pre- 
 vious to the next regular election, in three newspa- 
 pers of this State ; and unless a majority of each 
 branch of the Legislature so elected, after such 
 publication, shall agree to and pass such a law ; 
 and in such case, the yeas and nays shall be taken 
 and entered on the journals of each house ; Pro- 
 vided, that nothing in this section shall be so con- 
 strued as to prevent the Legislature from negotiat- 
 ing a further loan of one and a half millions of dol- 
 lars, and vesting the same in stock reserved to the 
 State by the charter of the Planters' Bank of the 
 State. of Mississippi. 
 
CONSTITUTION OF MISSISSIPPI. 21 
 
 And provided furiltor. That the Legislature may 
 raise a loan of money and pledge the faith of the 
 State for the payment thereof, when required to 
 suppress insurrections, repel invasions, or provide 
 for the defense of the State. 
 
 Sec. 10. The Legislature shall direct, by law, ^ u \ fc * 
 in what manner, and in what courts, suits may be the^tate 
 brought against the State. 
 
 Sec. 11. Absence on business of this State or 
 of the Confederate States of America, or on a visit, Citiz'ship. 
 or necessary private business, shall not cause a for- 
 feiture of citizenship or residence once obtained. 
 
 Sec. 12. Tt shall be the duty of the Legislature Deduction 
 to regulate, by law. the cases in Avhich deductions from sala- 
 shall be made from salaries of public officers for nes - 
 neglect of duty in their official capacity, and the 
 amount of mdk\ deduction. 
 
 Sec. 13. No member of Congress nor any 
 person holding any office of profit or trust under rfifd 
 the Confederate States, (the office of postmaster Jjrom-'o'f- 
 excepted.) or any other State of the Confederacy, ficc 
 or under any foreign power, shall hold or exercise 
 any office of trust or profit under this State. 
 
 Sec. 14. Religion, morality and knowledge be- Schools 
 ing necessary to good government, the preservation an 4 edu " 
 of liberty and the happiness of mankind, schools and catl0n * 
 the means of education shall forever be encour- 
 aged in this State. 
 
 Sec. 15. Divorces from the bonds of matrimo- D . 
 ny shall not be granted but in cases provided for Uiy0TCeB - 
 by law, by suit in chancery. 
 
 Sec. 10. Returns of all elections by the people Election 
 shall be made to the Secretary of State, in such returns, 
 manner as may be prescribed by law. 
 
 Sec. 17. No new county shall be established 
 by the legislature, which shall reduce the county or Counties, 
 counties, or either of them, from which it may be New. 
 taken, to less contents than five hundred and sixty- 
 six square miles ; nor shall any new county be laid 
 off of less contents. 
 
 Sec. 18. The legislature shall have power to 
 admit to all the rights and privileges of free white 
 citizens of this State all such persons of the Choc- lndiaxy3 « 
 taw and Chickasaw tribes of Indians as shall 
 choose to remain in this State, upon such termB as 
 
22 CONSTITUTION OF MISSISSIPPI. 
 
 the Legislature may from time to time deem 
 proper. 
 
 SLAVES. 
 
 E m a nci- 
 
 pation of Section 1. The Legislature shall have no pow- 
 nowma e er to p agg j awg ^ ^ emancipation of slaves with- 
 out the consent of their owners, unless where the 
 slave shall have rendered to the State some distin- 
 guished service, in which case the owner shall be 
 paid a full equivalent for the slave so emancipated. 
 They shall have no power to prevent emigrants to 
 this State from bringing with them such persons as 
 are deemed slaves by the laws of any one of the 
 United States, so long as any person of the same 
 age or description shall be continued in slavery by 
 the laws of this State ; Provided, that such person 
 or slave be the bona fide property of such emi- 
 Slaves grants ; and 'provided, also, that laws may be passed 
 conyicted to p r0 ]^it the introduction into this State of slaves 
 who may have committed high crimes in other 
 States. They shall have power to pass laws to 
 permit the owners of slaves to emancipate them, 
 saving the rights of creditors, and preventing them 
 from becoming a public charge. They shall have 
 full power to oblige the owners of slaves to treat 
 them with humanity, to provide for them necessary 
 clothing and provisions, to abstain from all injuries 
 to them extending to life or limb, and in case of 
 Treatme't their neglect or refusakto comply with the direc- 
 of slaves, tions of such laws, to have such slave or slaves sold 
 for the benefit of the owner or owners. 
 
 Sec. 2. The introduction of slaves into this 
 
 State as merchandize, or for sale, shall be prohib- 
 
 Slaves as ^ e( j f rom an( j a ft er ^ ie f irs ^ d av f May, eighteen 
 
 SzeT n " hundred and fifty-three ; Provided, that the actual 
 settler or settlers shall not be prohibited from pur- 
 chasing slaves in any other State in this Union 
 and bringing them into this State for their own 
 individual use, until the year eighteen hundred and 
 forty-five. 
 Prosecu- Sec. 3. In the prosecution of slaves for crimes 
 tion of f w hi c h the punishment is not capital, no inquest 
 slaves. k-y a grand jury shall be necessary ; but the pro- 
 ceedings in such cases shall be regulated by law. 
 
CONSTITUTION OF MISSISSIPPI. 23 
 
 MODE OF REVISING TTIE CONSTITUTION. 
 
 Whenever two-thirds of eaeh branch of the legis- 
 lature shall deem any eliange. alteration or amend- 
 ment necessary to this constitution, such proposed 
 change, alteration or amendment shall be read and ^onstitu- 
 passcd by a majority of two-thirds of each, house reriscd? W 
 respectively on each day for three several days ; 
 public notice thereof shall fefcen be given by the 
 Secretary of State, at leasl -i\ months' precelliiig 
 the next general which the qualified 
 
 electors shall vote directly for or againsl such 
 change, alteration or amendment : and if it shall 
 appear that a majority of the qualified electors 
 voting for members of the legislature shall have 
 voted for the proposed cha er.a1 ion or amend- 
 
 ment, then it shall be inserted, <>y ; ied- 
 
 ing legislate part of this and 
 
 not otherwise. 
 
 SCfiEDULE. 
 
 Se< tion 1. All righ^ .. and all liabilities E • ijts 
 
 incurred, shall remain the same as if this COfrstitu- vea t|cL 
 
 tion had not been adopted. 
 
 Sec. 2. All suits at law or in equjty, now pend- 
 ing in the several courts of this State, may be 
 transferred to such courts as may have proper ju- 
 risdiction thereof. 
 
 Sec. 3. The Governor, and all officers, civil 
 and military, now holding commissions under the 
 authority of this State, shall continue to hold and officers 
 exercise their respective offices until they shall be &c * 
 superseded pursuant to the provisions of this con- 
 stitution, and until their successors be duly quali- 
 fied. 
 
 Sec. 4. All laws now in force in the State, not 
 repugnant to this Constitution, shall continue to 
 operate until the}' shall expire by their own limita- 
 tion, or be altered or repealed by the Legislature. 
 
 Sec. 5. Immediately upon the adoption of this 
 constitution, the president of this convention shall 
 issue writs of election, directed to the sheriffs of 
 the several counties, requiring them to cause an 
 election to be held on the first Monday and day 
 
24 CONSTITUTION OF MISSIS^IPPE. 
 
 following in December next, for members of the 
 Legislature, at the respective places of holding 
 elections in said counties ; which elections shall be 
 conducted in the manner prescribed by the existing 
 election laws of the State ; and the members of the 
 Legislature, thus elected, shall continue in office 
 until the next . general election, and shall convene 
 at the seat of government on the first Monday in 
 January, eighteen hundred and thirty-three ; and 
 shall, at their first session, order an election to be 
 held in every county of this State, on the first Mon- 
 day of May and day following, eighteen hundred 
 and 'thirty-three, for all state and county officers 
 under this constitution, (members of the Legisla- 
 ture excepted ;) and the other officers then elected 
 shall continue in office until the succeeding general 
 election, and after, in the same manner as if the 
 election had taken place at the time last aforesaid. 
 „ , Sec. <>. Until the first enumeration shall be 
 
 ffi cer | made, as directed by this Constitution, the appor- 
 first elect- tionm cut of senators and representatives among 
 ed to con- the several districts and counties in this State, 
 tinue in shall remain as at present fixed by law. 
 office - P. RUTILUS R. PRAY, 
 
 President of the Convention, mid 
 Representative from the county of Hancock. 
 Attest : 
 
 John H. Mallory. S'rrretart/. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 AVE- 
 
 The Legislature shall Lave, 33 "eby vest- 
 
 ed with power to pa -s such laws regulating or pro- 
 hibiting the introduction of slaves into this State, 
 as may be deemed proper and expedient. 
 
 Adopted, February 24, 1840. * 
 
AMENDMENTS TO THE CONSTITUTION. 25 
 
 BOARD OF POLICE. 
 
 The qualified electors of each county shall elect 
 five persons, by districts, for the term of two years, 
 who shall constitute a Board of Police of each 
 county, a majority of whom may transact business ; 
 which body shall have full jurisdiction over roads, 
 highways, ferries and bridges, and all other matters 
 of county policy; and shall order all county elec- 
 tions to fill vacancies that may occur in the offices 
 of their respective counties. 
 
 The clerk of the Court of Probate shall be clerk 
 of the Boards of County Police. 
 
 Adopted, March 12th, 1852. 
 
 CHANCERY COURT. 
 
 Chancery Courts, with full jurisdiction in mat- 
 ters of equity, shall be held in each judicial district 
 by the circuit judge thereof, at such time and place 
 as may be directed by law. The Superior Court 
 of Chancery, and the several Vice-Chancery Courts, 
 shall continue as now organized, until the first 
 Monday of November, one thousand eight hundred 
 and fifty-seven, for the disposition of 4 cases now 
 depending therein. The Legislature shall provide 
 by law for the preservation of the records of the 
 said Superior Court of Chancery and of said Vice- . 
 
 Chancery Courts, and also for the transfer of p\\ 
 causes, that may remain undetermined therein, to 
 other courts, for final decision. 
 
 Adopted, February 6th, 1856. 
 
 TENURE OF PUBLIC OFFICERS. 
 
 All public officers m this State, Legislative, Ex- 
 ecutive and Judicial, whose terms of office expire 
 at the general election to be held in the year one 
 thousand eight hundred and fifty-seven, or at any 
 subsequent general election, shall continue to hold 
 their offices until the first Monday of January next 
 following the expiration of said terms, and until 
 their successors shall be qualified : Provided, such 
 of said officers as are required to give bond for the 
 discharge of their duties, shall give bond and seen- 
 
26 AMENDMENTS TO THE CONSTITUTION. 
 
 rity for the said extended term, as may be provided 
 by the Legislature ; and the terms of office of all 
 officers chosen at the general election in the year 
 eighteen hundred and fifty-seven, or at any subse- 
 quent general election, shall commence on the first 
 Monday of January next succeeding the election, 
 and shall continue for the time now fixed by the 
 constitution, and until their successors shall be 
 qualified. 
 
 Adopted, February 6th, 18561 
 
 ELECTIONS. 
 
 All general elections by the people of this State 
 shall be held on the first Monday in October, and 
 be concluded in one day; on the first Monday in 
 October, 1857, and biennially thereafter, an election 
 shall be held for representatives in Congress, and 
 all State officers and members of the Legislature, 
 except for officers and senators entitled to hold 
 over after November, 1857, who shall continue in 
 office until their successors are entitled to succeed 
 them therein. The Legislature shall convene on 
 the first Monday of November, 1857, and bien- 
 nially thereafter, hut may be especially convoked 
 by the Governor at other times. The Governor's 
 official term shall commence on the third Monday 
 of November, and that of the Secretary of State, 
 Auditor of Public Accounts, State Treasurer, and 
 Attorney General, on the first Monday of January 
 next* after his and their election; but the Attorney 
 General shall hold his office, as heretofore, for the 
 term of four years. On the first Monday of Octo- 
 ber, 1858, and biennially thereafter, an election 
 shall be held for all couuty, district, judicial and 
 ministerial officers, (except officers who may then 
 bo entitled to hold over after January, 1859, or 
 until the time of holding another election;) and 
 the official term of all such officers then and there- 
 after elected, shall commence on the first Monday 
 of January next after this election ; but all such 
 officers elected in 1855, or previously, whose official 
 terms, in the absence of this 'provision, would ex- 
 pire in November, 1857, shall continue in office until 
 the first Monday of January, 1859. 
 
 Adopted, February 2d, 1856. 
 
AMENDMENTS TO THE CONSTITUTION. 27 
 
 AMENDMENTS BY THE STATE CONVENTION. 
 
 Be it ordained and declared, and it is hereby or- 
 dained ami declared. That the Legislature shall 
 have power to fix the time of holding all elections, 
 and may adjust the terms of office to conform to 
 any changes hereafter to be made, and may fix the 
 time for the commencement of its biennial sessions. 
 
 Be it ordained and declared, and it is Jiereby or- 
 dained and declared, That if any part of the pres- 
 ent Constitution of the State of Mississippi shall 
 be in conflict with any ordinance passed by this 
 Convention, such part of the said Constitution 
 shall be held to be abrogated and annulled to the 
 extent of such conflict, but no further. 
 
 Adopted, Januarv 26th, 1861. 
 
 WILLIAM S. BARRY, 
 
 President of the Contention. 
 
•LAWS 
 
 OF THE 
 
 STATE OF MISSISSIPPI. 
 
 CHAPTER 1. 
 
 Wbfbrha/s, an ordinance entitled "An ordinance 
 1<> amend the Constitution of the State of Missis- 
 sippi in several particulars," adopted by the recent 
 State Convention, on the 30th day of March, 1861, 
 was omitted to be published among the proceedings 
 and ordinances of the said Convention ; therefore. 
 
 Resolved by the Legislature of the State of Mis- 
 sissippi. That the Secretary of State be directed 
 to cause a copy of the above recited ordinances to 
 be published in the pamphlet laws of the present 
 session of the Legislature 
 
 Approved, August 5. 1801. 
 
 CHAPTER II. 
 
 AN ORDINANCE to amend tho Constitution of tfce State 
 of Mississippi in several particulars. 
 
 Section 1. Be it ordained by the people of the 
 State of Mississippi, in Conventian assembled, that 
 the Constitution of the said State be amended and 
 altered in the following particulars, to-wit : That 
 the words ''the Confederate States of America", be 
 inserted after the word "of" and before the word 
 (< and" in the third line of the first section of the 
 thii*d article of said Constitution. 
 L—5 
 
30 LAWS OF MISSISSIPPI. 
 
 Sec. 2. That the words "of the Confederate 
 States of America," be inserted after the word 
 "citizen" and before the word "and" in the second 
 line of the seventh section of the third article of 
 said Constitution. 
 
 Sec. 3. That the words "the Confederate States 
 of America/'' be inserted after the word "of" and 
 before the word "and" in the second line of the 
 fourteenth section of the third article of the said 
 Constitution. 
 
 Sec. 4. That the words "the Confederate States 
 of America, or" be inserted after the word "of" 
 and before the word "this" in the fourth line of the 
 twenty-seventh section of the third article of the 
 said Constitution. 
 
 Sec. 5. That the words "of some one of the 
 States composing the Confederate States of Amer- 
 ica, for twenty years" be inserted after the word 
 "citizen" and before the w r ord "and" in the second 
 line of the third section of the fifth article of the 
 said Constitution. 
 
 % Sec. 6. That the words "except when they shall 
 be called into the service of the Confederate States 
 of America," be added after the word "militia" in 
 the last line of the fifth sectiou of the fifth article 
 of the said Constitution. 
 
 Sec: 7. That the words "not incompatible with 
 the Constitution and the laws of the Confederate 
 States of America in relation thereto," be added 
 after the word "expedient" in the first section under 
 the title "militia"' in the said Constitution. 
 
 Sec." 8. That the words "attorneys and counsel 
 lors at law," be inserted after the word "Legisla- 
 ture" and before the word "and", in the first line, 
 and the words "the Constitution of the Confederate 
 States of America and" be inserted after the word 
 "support" and before the word "the" in the sixth 
 line of the first section of the seventh article of the 
 said Constitution. 
 
 Sec. 9. That the words "or of the Confederate 
 States of America" be inserted after the word 
 "State" and before the word "or" in the first line 
 of the eleventh section of the seventh article of the 
 said Constitution; 
 
 Sso* 10. That the ^ords " Member of Oongrees, 
 
/ 
 
 LAWS OF MISSISSIPPI. 31 
 
 nor any" be inserted after the word "no" and before 
 the word "person ' in the first line, and the words 
 "the Confederate States (the office of Postmaster 
 excepted) or any other State of the Confederacy. 
 or under" be inserted after the word "under" and 
 before the word "any" in the second line of the 
 thirteenth section of the seventh article of the said 
 Constitution. 
 
 Sec. 11. That the word,' "or member of Con- 
 gress," be inserted after the word "officer" and be- 
 fore the word "for" in the fifteenth line of the first 
 section of article three in said Constitution. 
 
 : o. 12. That the words " Representatives in 
 Congress, an<F be inserted after the word "for" 
 and before tfye word "all" m the fifth line of the 
 amendment to said Constitution under the title 
 " Elections^ adopted February 2nd, 185.0. 
 
 Sec. 13. That a copy of the Constitution of the 
 State of 1 Mississippi, as thus amended, be engrossed 
 and filed in the office of the Secretary of State. 
 
 Adopted March 30, 1861. 
 
 Secim<t\i;y of State's Office, 
 
 Jackson, Miss., July 31, 1861. 
 
 1, C. A. Buoucher, Secretary of State, do certify 
 that the foregoing pages contain a true copy of the 
 original now on file in my office. 
 
 Given under my hand, and the great seal 
 , n of the State of Mississippi, the 
 ' " -V day and year first above written. 
 . C. A. BROUGHER, 
 
 Secretary of State. 
 
 CHAPTER III. 
 
 AN ACT to extend the powers- and to confirm the acts of 
 the Boards of County Police in certain cases. 
 
 Section 1. Be it enacted by the Legislature of Military 
 the State of Mississippi, as follotvs, to-ivit: That Relief tax, 
 the Boards of Police in the different counties in how le- 
 this State are authorized to levy a special tax, to vied. 
 
32 LAWS OF MISSISSIPPI. 
 
 be called the Military Relief Tax, upon the taxa- 
 ble property of their respective counties, to an 
 amount not exceeding one hundred per cent, of the 
 State tax of eighteen hundred and fifty nine ; which 
 Tax how shall be applied to assist in furnishing outfits, equip - 
 applied, ments, .clothing, and needful supplies to volunteer 
 soldiers from each county, respectively, now in the 
 service of the State, or Confederate States, or that 
 may be hereafter received into such service, and 
 release the wants of destitute needy families and 
 dependants of such volunteers, and shall also have 
 power, for like purposes, to use, employ and appro- 
 priate, for the time being, any ihoneyjn the Treas- 
 ury not otherwise appropriated, of Such county, 
 and to issue warrants on the said Treasury, payable 
 , at such time or times as may be expedient. 
 
 Sec. 2. Be it further enacted, That all appro- 
 priations of money heretofore made, and all war- 
 rants on the Treasury heretofore issued or ordered 
 to be issued, and all contracts and engagements 
 heretofore entered into, and all taxes heretofore 
 levied or laid by the Board of Police of any of the 
 counties in this State, for any of the purposes men- 
 tioned in the first section of. this act, are hereby 
 ratified, confirmed, and declared to be valid and 
 lawful, in the same manner as if the same had been 
 expressly authorized by a previous law. 
 
 Sec. 3. Be it further enacted, That if at any 
 
 time after the levying of the said Military Relief 
 
 Board Tax, and before its collection, the Board of Police 
 
 of Police of any of the counties of this State think the emer- 
 
 may issue geucy demands it, they arc authorised to cause to 
 
 warrant, g e prepare^ s jg n anc | } ssne county warrants to an 
 
 amount not exceeding one hundred per cent, (of the 
 
 tax levied, bearing interest at eight per cenft.) per 
 
 annum from date, payable as hereinafter provided. 
 
 Sec. 4. Be it further enacted. That the Boards 
 
 . of Police shall appoint five discreet and competent 
 
 Commis- persons, citizens of the county, as commissioners, 
 
 sioners, whose duty it. shall be to investigate and determine 
 
 how ap- who are the proper beneficiaries of the said Military 
 
 pointed. tax or appropriation, and the said warrants when 
 
 issued shall be expended and the fund applied as 
 
 they shall direct. 
 
LAWS OF MISSISSIPPI. 38 
 
 Sec. 5. Be it further enacted, That the said 
 warrant.- shall be made payable to the said com- Of war- 
 missioncrs, and for such amounts as they shall rants, 
 direct, but in no instance shall they be applied to 
 other purposes than those directed by the commis- 
 sioners, under penalty of forfeiting any claim to 
 secure like assista^e. 
 
 Sec?. <». Be, it fiirtlier enacted, That the said war- 
 rants shall be signed by the Clerks, and counter- Warrants 
 signed by (he President of said Boards, ami the how is- 
 monoy arising from the levying of said Military sue< *- 
 tax shall be applied to their redemption, in such 
 manner as the Boards of Police may direct, and 
 1 1 wit the Treasurer and Police Clerk shall each 
 keep a separate and accurate account of the num- 
 ber, date and amount, and to whom payable, of 
 each warrant signed by them, and shall keep like 
 accounts of such warrants when redeemed, and the 
 amount of interest on the same, and shall make re- 
 port when ordered by the Board of Police, for 
 which they shall be allowed such compensation as 
 the Board of Police may order. 
 
 Sec. 7. Be if farther enacted, That the Sheriff 
 in the respective counties shall collect the said Mil- Sherifl 
 itary Relief Tax at the same time he is required by ? ha t ll s c °i~ 
 law to collect the State tax, and pay the same over tax 
 to the County Treasurer, and in collecting the same, 
 he shall be empowered to distrain and sell the pro- 
 perty of defaulting tax payers, in the same manner, 
 and to the same extent, as in the case of taxes due 
 the State under existing laws ; and the said Sheriff 
 before proceeding to collect said tax, under penalty 
 of vacating his office, shall within ten days after 
 the levying. of said tax, execute a bond in double 
 the amount, payable to the President of the Board 
 of Police, and conditioned in the same manner as v Sheriff's 
 his present tax-collecting bond, with two good and bond, 
 sufficient securities, for which service he shall be 
 allowed, by the said Board of Police, two and one- 
 half per cent, on the amount of said tax for col- 
 lecting the same. 
 
 Sec. 8. Be it further enacted, That in case any 
 Sheriff may be absent on military duty in the ser- 
 vice of the State, or the Confederate States, the 
 bond required to be executed in the preceding sec- 
 L— 7 
 
34 LAWS OF MISSISSIPPI. 
 
 tion of this act may be executed by his deputy, aud 
 he shall be constituted special tax collector for this 
 special purpose, and in consequence of which the 
 office of such Sheriff shall not be vacated. 
 
 Sec. 9. Be it further enacted. That this act take 
 effect from and after its passage. 
 
 Sec. 10. Be it further emcted, That the said 
 Deceased Boards of County Police shall have power to make 
 soldiers, a }j necessary appropriations for the transportation 
 how bu- an( j -k ur i a ] f the remains of soldiers who may die 
 ned. . ,, J 
 
 m the service. 
 
 Sec. 11. Be it further enacted, That should the 
 Board of Police of any county, under the provisions 
 of this act, authorize the use of any trust fund in 
 charge of the Treasurer, he shall keep a true ac- 
 count of the same, and said county shall be bound 
 to refund said trust fund, with interest on the same 
 at the rate of eight per cent, per annum until so 
 refunded. 
 
 Approved, August 2, 18f>l. 
 
 GHAPTER IV. 
 
 MEMORIAL to the Congress of the Confederate States. 
 
 Whereas, by the act of the Government of the 
 United States, Avar exists between that Govern- 
 ment and the Government and people of the Con- 
 federate States oi America, therefore, we, the Re- 
 presentatives of a united people, determined to 
 prosecnte the war with all. the men and means at 
 at our command to a successful termination or a 
 total annihilation of men and money, deem it highly 
 expedient, in behalf of the people of the State of 
 Mississippi, to ask of your honorable and patriotic 
 body to take into consideration the propriety and 
 expediency of making the Treasury notes issued by 
 the Confederacy a legal tender in the payment of 
 debts ; and, also, the expediency of affording tho 
 planters a market for their cotton and tobacco 
 crops, by the purchase of the same, or liberal ad- 
 vances to them, by the Government, of Treasury 
 notes in part payment for $qb6 0Q$$tediti& \r\ 
 
LAWS OF MISSISSIPPI. 35 
 
 order to afford to the Government a basis for the 
 redemption of the notes so issued, and to afford the 
 necessary monied facilities to the planters and 
 others to pay their individual liabilities and carry 
 on their business without interruption or material 
 embarrassment during the war. 
 
 Your memorialists are of the opinion, should 
 Congress adopt the measures indicated, and hold 
 the cotton and tobacco until the close of the war. 
 or until such time as an advantageous sale can be 
 effected, it would put in the hands of the Govern- 
 ment a, powerful lever to procure a speedy peace 
 with the United States, and a full and complete 
 recognition, by foreign powers, of the independence 
 of the Confederate States, and furnish to the Gov- 
 ernment of the Confederate States a basis of credit 
 equally as valuable and reliable, for the redemp- 
 tion of its Treasury notes, as ingots of gold in any 
 bank in the world. By adopting the plan recom- 
 mended, your memorialists are of opinion, that the 
 war can be carried on for an indefinite period, 
 without creating any or but very little foreign 
 debt ; and when the war closes, as close it must at 
 no distant day, (if all the cotton and tobacco grown 
 within the limits of the Confederacy be held by the 
 Government until that consummation is reached,) 
 the Confederate States will be the most free, and 
 its inhabitants the most wealthy, of any other na- 
 tion of people, because the money expended will.be 
 among her own people, and the Government will 
 have under its own control those articles which arc 
 indispensable to the civilized world in such quanti- 
 ties as to enable her to control the price of cotton 
 and tobacco, to an extent sufficient to prevent low 
 prices after commercial relations are # fully estab- 
 lished with other commercial nations. 
 
 Your memorialists deem it unnecessary to say 
 more on the subject, but submit the proposition to 
 the consideration of Congress, requesting them to 
 give the subject that attention which in the opinion 
 of your memorialists the subject deserves. 
 
 Resolved, That His Excellency, the Governor, 
 be and he is hereby requested to forward a copy of 
 this memorial to each of our Representatives in the 
 L— 8 
 
36 LAWS OF MISSISSIPPI. 
 
 Congress of the Confederate States, with a request 
 that it be laid before that body for its considera- 
 tion. 
 
 Approved. Augfmst 2, 1861. 
 
 CHAPTER V. 
 
 Resolved by the Senate, (the House of Repre- 
 sentatives concurring,) That our Representatives 
 in the Congress of the Confederate States of Amer- 
 ica, be, and they are hereby requested to use their 
 influence to procure the passage of a law to appro- 
 priate money to the payment of mail contractors, 
 marshals, and their deputies, who have performed 
 such service within the Confederate States, under 
 the laws in force previous to the separation of the 
 Confederate from the United States. 
 
 Approved, August 6, 1861. 
 
 CHAPTER VI. 
 
 AN ACT to suspend the collection of the Gulf and Ship 
 Island Railroad tax, and for other purposes. 
 
 Section 1. Beit enacted by the Legislature of the 
 St&te of Mississippi, That "An act to authorize the 
 Board of Police of Rankin county to subscribe for 
 stock in the Gulf and Ship Island Railroad Com- 
 pany," and "An act to authorize the Board of Police 
 of Madison county to subscribe for stock in the 
 Gulf and Ship Island Railroad Company," both <>f 
 which acts, approved November 30, I860, be, and 
 the same are hereby suspended until one year at 
 least after peace shall be restored between the Con- 
 federate States of America and the United States ; 
 but this suspension shall in no way impair pr de- 
 stroy any of the rights or privileges of said Com- 
 pany in these taxes or any other matter. 
 
 Sec. 2. Beit further enacted, That said Company 
 is hereby authorized to suspend-all action until one 
 year at least after such peace shall be restored 
 
LAWS OF MISSISSIPPI. 37 
 
 without impairing- r destroying any right or privi- 
 lege now belonging to said Company. 
 
 Sec. 3. Be it further enacted, That all laws or 
 parts of laws contrary to the provisions of this 
 act, be, and the same are hereby repealed. 
 
 Sec. 4. Be it further enacted, That this" act shall 
 take effect and be in force from and after its pas^ 
 sage. 
 
 Approved, August 2, 1861. 
 
 CHAPTER VII. 
 JOINT RESOLUTION. 
 
 Ba it enacted by the House of Bepresentatives, 
 (the Senate concurring,) That Col. French, chief 
 of the ordinance department of the army of Mis- 
 sissippi, be authorized, and is hereby instructed to 
 make a thorough test of the improved cannon ball 
 invented by H. H. Fultz, a citizen of this State, if 
 moulds can be made in this State, to test the same, 
 and the cost of said experiment to be paid out of 
 the Treasury, on the warrant of the Auditor, out 
 of monies not otherwise appropriated, upon the 
 certificate of Col. French, of the cost of the same, 
 t>eing tiled with the Auditor. 
 
 Approved, August 6. 1861. 
 
 CHAPTER VIII. 
 
 AN ACT for the relief of Charles Toney of Neshoba 
 county, and for other purposes. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That Charles Toney of Ne- 
 shoba county be, and he is hereby enabled to insti- 
 tute, carry on, and consummate, in the Circuit 
 Court of said county, proceedings for the adoption 
 of Elizabeth Ann Wells of said county, under the 
 provisions of article 41. sec. 5, of the Circuit Court 
 
38 LAWS OF MISSISSIPPI. 
 
 laws of this State, without changing the name of 
 said Elizabeth Ann Wells. 
 
 Sec. 2. Be it further enacted, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved, August 2, 1861. 
 
 CHAPTER IX. 
 
 JOINT RESOLUTION. 
 
 Resolved by the House, (the Senate concurring.) 
 That the Board of Trustees of the State University 
 be instructed to inquire into the expediency of 
 adopting a system of Military instruction in said 
 University. 
 
 Approved, August 0, 1861. 
 
 CHAPTER X. 
 
 Resolved by tfue Legislature, (the House concur- 
 ring^ That Samuel M. Meek, District Attorney for 
 the Sixth Judicial District of this State, have leave 
 of absence from the State for four months during 
 the year 1862, at any time which will not conflict 
 with the regular term of any of the courts in his 
 district. 
 
 Approved, August 2, 1861. 
 
 CHAPTER XL 
 
 AN ACT to authorize the investment of trust funds in the 
 securities of the State, or of the Confederate States. 
 
 Be it enacted by the Legislature of the State of 
 Mississippi, That it is and shall be lawful fpr Ex- 
 ecutors, Administrators, Guardians, and all other 
 Trustees, having money or effects which may be 
 invested at interest, to invest the same in the bonds 
 
LAWS OP MISSISSIPPI. 39 
 
 or Treasury notes issued since the ninth day of 
 January, one thousand eight hundred and sixty-one, 
 by authority of this State, or of the Confederate 
 States of America, and for that purpose to subscribe 
 to loans offered by either of the said Governments ; 
 and that this act shall take effect fron its passage. 
 Approved. August 2, 1861. 
 
 CHAPTER XII. 
 
 A^ ACT to authorize Sheriffs, Tax Collectors, and State 
 Treasurer, to receive the Treasury Notes of the Confed- 
 erate States of America in payment of taxes and other 
 dues. 
 
 Be it ejiacted by the Legislature of the State of 
 Mississippi, That hereafter the sheriffs, tax collec- 
 tors, and State Treasurer, be, and they are hereby 
 authorized to receive the Treasury Notes of the 
 Confederate States of America, in payment of all 
 taxes, and for all moneys due the State arising 
 from any source whatever ; Provided, however, that 
 this act shall not apply to the tax assessed by the 
 ordinance of the Convention of January 26, 1861, 
 and known as the Military tax, the same being de- 
 clared irrepealable by said ordinance. 
 
 Approved, August 6, 1861. 
 
 CHAPTER XIII. 
 
 A BILL to be entitled "An act to define the boundaries of 
 the town of Rodney," in Jefferson eounty. 
 
 Section 1 . Be it enacted by the Legislature of the 
 State of Mississippi, That hereafter the corporate 
 limits of the town of Rodney shall be within lines 
 drawn as folrows, that is to say : beginning at a 
 point in the middle of the main channel of the 
 Mississippi River, due west from the south bank of 
 Mill Bayou, where said Bayou empties into said 
 river, and thence due east to said south bank at the 
 
40 LAWS OF MISSISSIPPI. 
 
 month of said Bayou, thence in an eastwardly di- 
 rection along the south bank of said Bayou to the 
 southwest corner of the bridge crossing the same, 
 thence in a direction nearly southeast, and in a di- 
 rect line, to the northeast corner of the quarter lot 
 enoloeure of Dr. William G. Williams on Magnolia 
 street in said town, thence in a southwardly direc- 
 tion, and in a direct line, to the southeast corner of 
 the lot occupied by Hiram L. Winters on the road 
 leading from Rodney to Oakland College, thence 
 due south until the line intersects the north bound- 
 ary of the tract of land owned by George Hay, 
 thenc« west to Commerce street of said town, 
 thence south and along the east line of said Com- 
 merce street and the continuation thereof in the 
 Rodney and Fayette Road three hundred yards, 
 thence due wast to the centre of the main channel 
 of the Mississippi river, and thence up the centre 
 of said main channel to the place of beginning. 
 
 Sec. 2. Be it further enacted. That this act shall 
 be deemed a public act, and shall take effect and b% 
 in force from and after its passage. 
 
 Approved, August 2, 1861. 
 
 CHAPTER XIV. 
 
 AH ACT entitled "An act to prohibit the sale of vinous 
 and intoxicating liquors in the town of Sarepta in Calhoun 
 county, and in one mile thereof. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Missisrippi, That it shall not be lawful for 
 the Board of Police of the county of Calhoun to 
 grant to any person a license to retail vinous or 
 spirituous liquors in the town of Sarepta in the 
 county of Calhoun, or within one mile of the limits 
 of said town. 
 
 Sbc. 2. Be it further enacted, That it shall not 
 be lawful for any person to sell vinQus or spirituous 
 liquors in any quantity whatever in the said town of 
 Sarepta, or within one mile thereof; but this act 
 shall not apply to druggists, physicians, and grocers 
 filing such liquors in good faith for medicinal, 
 
LAWS OF MISSISSIPPI. 41 
 
 sacramental, or culinary purposes, they having un- 
 doubted evidence that the said vinous and intoxi- 
 cating liquors shall Vie used for said purposes, and 
 subjected to the same regulations now or hereafter 
 to be provided by law 1 ; and any person offending 
 against the provisions or this act shall be liable to 
 indictment, and on conviction shall he subject to 
 the same penally imposed for retailing such liquors 
 without a license; and this act shall take effect and 
 be in force from and alter fl passaged 
 Approved. Augusl 2, 1801. 
 
 riiAiTER XV. 
 
 AN ACT to make the Statute Laws.of the State applicable 
 to ll)* 1 Confederate States. 
 
 Be il enacted by \ \ ' tfie Stoje oj 
 
 Mississippi, That all provisions contained in the 
 
 laws of rids Slate applicable to the United States. 
 or the States and territories of the said United 
 States, shall hereafter be deemed end taken to ap- 
 ply to the Cohfedora'l tcsof America, and the 
 States and Territories thereof, now existing or 
 hereafter to be enacted* or aamittecj, in the sajne 
 manner, and t'o the same extent, that - isions 
 were intended to apply' to tl pnited States 
 and Tei ritories. ai cl provisions shall 
 not hereafter applyfa) . tied States, or 
 tbe States or Territories thereof, and that whenever 
 in the said laws the term United States occurs, the 
 same shall be understood and taken to mean the 
 Confederate States, and not the said United States, 
 in the same manner as if the words '-Confederate 
 States" had been used instead of (he words United 
 States : Provi led, that the printed statute laws of 
 the- United States, and of the several States and 
 Territories thereof and copies of recorded deeds 
 and other writings, and' of the Land Office records, 
 books and files, from tie' -aid Tinted States, or the 
 States or Territories thereof, or from the District 
 of* Cohimoia, shall be admissible in evidence in the 
 courts of tins State, as heretofore'; And proridr,!. 
 
42 LAWS OF MISSISSIPPI. 
 
 that the exemption from taxation of any person re- 
 siding in this State who performed military service 
 in the army of the United States in the revolution- 
 ary Avar with Great Britain, and the exemption 
 from military service in time of peace, of all officers 
 and soldiers who served in the army of the United 
 States in the war Avith Mexico, and received an 
 honorable discharge, shall not be repealed or im- 
 paired by this act; and that this act shall take 
 effect from its passage. 
 Approved, August 6, 1861. 
 
 CHAPTER XYI. 
 
 AN ACT to exempt from Military duty certain citizens of 
 Harrison county during the present war. 
 
 Section 1. Beit enacted by the Legislature of the 
 State of Mississippi, That J. B. Knight, E: T. 
 Rogers, and M. S. Curtis, engaged in the manufac- 
 ture of gunpoAvder, on the Back Bay of Biloxi, in 
 the county ef Harrison, shall be, and arc hereby 
 exempted from military duty during the present 
 Avar ; Provided, they continue in that employment 
 during that time. 
 
 Sec. 2. Be it further enacted, That this act take 
 effect from and after its passage. 
 
 Approved, August 6, 1861.. 
 
 * 
 
 CHAPTER XVII. 
 
 AN ACT to suspend all laws making appropriations to the 
 Agricultural Bureau and Agricultural Societies during 
 tho 'pendency of the war. 
 
 Section 1. Be it enacted by the Legislature of the 
 Stcde of Mississippi, That all laws now in force in 
 this State making appropriations to the Agricul- 
 tural Bureau, and Agricultural Societies, be, and 
 the same are hereby suspended during the pendeney 
 of the Avar between the old United States aiul the 
 
 onfederato States of America, 
 
LAWS OF MISSISSIPPI. 4B 
 
 Sec. 2. Be il further enacted, That the Auditor 
 of Public Accounts be, and he is hereby directed 
 to not issue any warrant for the payment of money 
 under any of the acts now in force, to the Agricul- 
 tural Bureau, or any of the Agricultural Societies 
 in tliis State, or to any person acting for or in be- • 
 half of said Bureau or Societies during the pen- 
 dency of the existing war. 
 
 Sec. 3. Be if furth r i nacted. That this act take 
 effect and be in force from and after its passage; 
 
 Approved. August '!. 1801. 
 
 CHAPTER XVill. 
 
 AX ACT to control the funds arising from the sale of 
 runaway slaves in Hinds county. 
 
 Section 1 . Be if enacted tnj the Legislut<in' of tJ><- 
 State of Mississippi. That the Board of Police of 
 Hinds county be, and is hereby authorized to con- 
 trol the use of all funds now in the hands of the 
 Treasurer of said county arising from the sale of 
 runaway slaves. 
 
 Sec. '1. Be it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved. August 6, 1861. 
 
 CHAPTER XIX. 
 
 AN ACT to provide for the custody and preservation of the 
 records and Judicial proceedings of the Circuit and District 
 Courts of the United States in this State. 
 
 Section 1. Be it mooted by the Legislature of the 
 
 State of Mississippi, That the records and judicial 
 proceedings, civil and criminal, pending and being 
 in the Circuit and District Courts of the United 
 States in this State, on the 9th day of January, 
 1861, and the enforcement of judgments rendered 
 therein, shall be regulated and controlled, and in 
 all respects be governed and proceeded in, in ac- 
 
4J LAWS OF MISSISSIPPI. 
 
 con/lance with the provisions of the act of the Con- 
 gress of iko Confederate States, entitled '"An act 
 to establish the Judicial ConiM ? of the Confederate 
 states of America." approved March 16, 1861, and 
 flic acts amendatory thereof; Provided, that the 
 proceedings therein shall be subject to the provi- 
 sions and he made in ac< ■• with the require- 
 ments of an act of the Legislature, of this State, 
 passed at the present session thereof, entitled "An 
 act to modify the collection laws of this State. 
 
 Sec. 2. Be it further enacted, That section four 
 of "An ordinance concerning' the jurisdiction and 
 property of the United Sta tea of America," adopted 
 January IT. 1861, be, and the same is hereby re 
 pealed. 
 
 Approved. August, 6. 186 J., 
 
 CHAPTER XX. 
 
 AN ACT to change the time of holding the Probate Court 
 of Wayne county. 
 
 Be it enacted by ike Eegislattire <>/' the Slate of 
 Misslssij)j)i, That the Probate Court of the county 
 of Wayne shall be held on the third Mondays of 
 January, March, May. July. September, and No- 
 vember, at the Court House in the town of Win- 
 chester; and that this law shall be in force from 
 and after its passage. 
 
 Approved July .'>!. 1 861 , 
 
 CHAPTER XXT. 
 
 AN ACT for the relief of the Sureties of John M. Girault, 
 late Tax Collector of the county of Claiborne. 
 
 Whereas, a. judgment was recovered in the 
 Circuit Court of the county of Claiborne, at the 
 October term, I860, by the State of Mississippi, for 
 the use of the said county, against John.M. Girault, 
 tax collector of said county, and Samuel J. Bridges, 
 
LAWS OF MISSISSIPPI. 45 
 
 and others, sureties on his official bond, for a large 
 sum of money, which by law bears interest at the 
 rate of thirty per cent, per annum; and. whereas, 
 it is represented that the said Clirault is wholly in- 
 solvent, and thai the payment of said judgment 
 will devolve on his sureties, and thai time lias been 
 given to the said sureties, by the Board of Police 
 of said county, until The 1st dav of danuarv. A. D. 
 1802: therefore. 
 
 Section 1. Be it enacted by the Legislature of 
 the State if Mississippi, That lie Board <d* Police 
 of said county of ( !laibome, be, and they are hereby 
 authorized to reduce the rate of interest on the 
 said judgment, on the -aid Johil M\ (i irauli, and 
 his sureties, from thirty per cent, to ten per cent. 
 per annum, and to remil the difference between the 
 said rates: and that this act take effect from it^ 
 passage. 
 
 Approved. August -. 1861. 
 
 OHAPTEKfJXXII. 
 
 AN ACT to amend an ordinance of the Convention of the 
 State of Mississippi, adopted the. 23d July, 1861, entitled 
 "An ordinance to regulate the Military System of the 
 State of Mississippi, J and al^o an ordinance adopted by 
 the said Convention on the 30th of March, 1861, entitled 
 "An ordinance to authorize the Governor of the State of 
 Mississippi to transfer Volunteers to the service of the 
 Confederate State?," and for other purposes. 
 
 Section 1 . Be if toimfod l>;i tlvk frpgislaithe of the 
 
 State of Mississippi, That the ordinances mentioned 
 in the title to this lull he. and the same are hereby 
 so amended, that all volunteer companies who arc- 
 now enlisted, or may hereafter he enlisted, in the 
 service of the State of Mississippi, under the pro- 
 vision of the first named ordinance, may at any 
 time hereafter, with their consent, and on requisi- 
 tion of the President of the Confederate States of 
 America, be transferred to tin; service of the said 
 Confederate States, by the Governor of the State 
 of Mississippi, for such period of time as such re- 
 quisition may fix ; Provided, that nothing herein 
 
46 LAWS OF MISSISSIPPI. 
 
 contained shall be so construed as to require the 
 consent of said .volunteers to be transferred from 
 the State to the Confederate service for a period of 
 one year or less time. 
 
 Sec. 2. Be it farther enacted, Thai, any volun- 
 teer heretofore mustered into the service of the 
 State of Mississippi, or may be hereafter mustered 
 into said service, and who is desirous of entering 
 into the service of the Confederate States of Amer- 
 ica, for and during the war, upon ids own request, 
 may be entitled to be transferred to said service: 
 Provided, lie shall first produce to the Governor, to 
 be filed in the. Adjutant General's office, the certifi- 
 cate of the Captain of the company accepted for 
 t e Confederate service, either by the Governor of 
 the State of Mississippi, under a requisition from 
 the Confederate States, or by the said President, 
 without such requisition, that he has entered said 
 service. • . 
 
 Sec. 3. Be it farther enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved. August 6. 1861. 
 
 CHAPTER XXIII. 
 
 AN ACT to remove the civil disabilities of Joel R. TJaugh, 
 a volunteer minor in the county of Covington. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That Joel 11. Baugh,of Cov- 
 ington county, a minor under the age of twenty-one 
 years, be, and he is hereby declared competent to 
 contract and be contracted with, sue and be sued, 
 and do and perform any acts and things, as 'fully 
 and to all intents and purposes as binding upon 
 him and the parties with whom he may act and 
 contract, as though he had attained the age of 
 twenty-one years ; Provided, that nothing contained 
 in this act shall be so construed as to confer upon 
 said minor the right of suffrage before he has at : 
 tained the age of twenty-one years. 
 
LAWS OF MISSISSIPPI, 47 
 
 Sec. 2; Be ii further eneided, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved. July 31, 1801. 
 
 CHAPTEB XXIV. 
 
 AN ACT to red ace the salary of the Adjutant General of 
 this State. 
 
 Be it enacted by the Legitfativre <f the State of 
 Mississippi. That the 7th section of an act entitled 
 "An act further to regulate the militia and volun- 
 teer system," approved February 10, 1800, be so 
 amended that hereafter the salary of the Adju:ant 
 (Jcncral shall be five hundred dollars per year in- 
 stead of fifteen hundred dollars, as in said section 
 is provided : and that tin's act shall take effort from 
 its passage. 
 
 Approved, A.iigust 6, 1661 . 
 
 ( ! I AFTER XXV. 
 
 AX xlCT to change the time of Election of School Com- 
 missioners in Green county. 
 
 Section 1 . Be if enhcted by tlk L< (*idat*M <>f li» 
 State of Mississippi, That the election for School 
 Commissioners in the county of Green, shall be 
 held on the 1st Monday in October next, and bien- 
 nially thereafter, and said Commissioners shall hold 
 their offices for two years. 
 
 Sec 2. Be (•further enai ted, Thai this act take 
 effect from and after its passage. 
 
 Approved, July 31, 1861. ' % 
 
 CHAPTER XXYL 
 
 AX ACT for the relief of J. C. Murray and J. \V. Doak, 
 
 Be it enacted by the Legishrfure of the State of 
 Mississippi, That the. School Commissioners of 
 Lafayette county be, and they arc hereby author- 
 ized and empowered to examine and allow any ac- 
 ppunl for the tuitiqa of proper Beheftcfyrie pj 
 
4S » LAWS OF MISSISSIPPI. 
 
 Lafayette county for services rendered in eighteen 
 hundred and sixtv-one. (1861,) by the'said J. C. 
 Murray and J. W\ Doak, as teachers; and that 
 tins act take effect from and after its passage. 
 Approved. July 31, 1861. 
 
 CHAPTER XXVIL 
 
 AN ACT to provide additional compensation to the Clerks 
 of the Police Courts of De Soto and Tunica counties. 
 
 Section 1 . Be it enacted by the Legislature of the 
 State of Mississippi, That the Board of Police of 
 De Soto county may, at their discretion, allow the 
 Clerk of the Police Court of said county a com- 
 pensation, not exceeding one hundred dollars a 
 year, for all services required of him not expressly 
 provided for by law, payable out of the County 
 Treasury of said county. 
 
 Sec. 2. Be it further enacted, That the provi- 
 sions of this act be extended to the county of 
 Tunica. 
 
 Sec. 3. Be it further enacted. That this act take 
 effect and be in force from and after its passage. 
 
 Approved, July 31, 1861. 
 
 CHAPTER XXVIIL 
 
 AN ACT to change the time of holding the Probate Court 
 of Smith county. 
 
 Section 1 .• Be it enacted by the Legislature of the 
 State of Mississippi, That the time of holding the 
 Probate Court of Smith county be changed so that 
 a term of said court shall be held once a month, 
 commencing each term on the first Monday in each 
 month. 
 
 *r.c. 2. Be it further enacted, That this act take 
 effect from and after its passage. 
 
 Approved, July 31, 1861. 
 
LAWS OF MISSISSIPPI. 49 
 
 y CHAPTER XXIX. 
 
 AN ACT to authorize tho Commissioners of the Sixteenth 
 Section, of Township 7, Piange 13, east, to make titles to 
 the said 16th Section. 
 
 Be it enacted by the LegtslatvJre <:>/' the Stale of 
 Mississ\ppL That the Commissioners of the lGth 
 section, township 7, range 13, east, in Newton 
 comity, be, and they are hereby authorized and re- 
 quired to make titles to said 16th section, to the 
 several purchasers thereof, upon the paying all 
 sums of money due for the purchase of the* same : 
 and this act take effect and be in force from and 
 after its passage. 
 
 Approved, July :;i. 1861. 
 
 CHAPTER XXX. 
 
 AN ACT for the relief of Fanning Jones of Panola county. 
 
 Whereas, Fanning Jones, of Panola county, did. 
 on the 11th day of September, 1856, enter from the 
 State, the east half of section eleven, (11,) town- 
 ship twenty-eight, (28,) range four, (4,) west, at the 
 price of one dollar and seventy-five cents per acre ; 
 and wdiereas, it afterwards appeared, that the north 
 east quarter of said section had been previously 
 entered, so that said Jones only obtained title to 
 one-half of the land paid for by him ; now, there- 
 fore, 
 
 •Section 1 . Be it enacted by the Legislature of the 
 State of Mississippi, That a warrant be issued by 
 the Auditor of Public Accounts to Fanning Jones, 
 for the sum of two hundred and seventy-eight dol- 
 lars and ninety cents, to be paid out of any money 
 in the Treasury not otherwise appropriated, and 
 charge the same to account of Internal Improve- 
 ment fund. 
 
 Sec. 2. Be it further enacted, That this act take 
 effect and be in force from and after ite passage. 
 
 Approved, July 31, 1861. 
 
50 LAWS OF MISSISSIPPI. 
 
 CHAPTER XXXI. 
 
 AN ACT to remove the civil disabilities of Benjamin P. 
 Herndon, a minor, of Madison county. 
 
 Section 1. Be it enacted by the tiegistuiuri of the 
 State of Mississippi, That Benjamin P. Herndon, 
 now about nineteen years of age, a minor of Madi- 
 son county, be, and lie is hereby authorized, from 
 and after the passage of this act, to take and re- 
 ceive all the estate to which he is entitled, personal 
 and real, now in possession of his-mother, Mary G. 
 Herndon, in said county, and that he have full 
 power and authority to jnanagf and control said 
 * estate, and all other property to which ho may be- 
 
 come entitled, as fully anql lawfully as if he had 
 attained the age of majority prescribed by law, 
 and that he may sue and be sued, plead and be im- 
 pleaded, in all courts, in like manner as if he had 
 attained the age of majority as aforesaid. 
 
 Sec. 2. Be it furl 'Iter enacted, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved, July Bl, 1861. 
 
 CHAPTER XXXlf. 
 
 AN ACT for the relief of Prederick Brougher, of Panola 
 county, Mississippi. 
 
 ^ Whereas, on the 18th day of March, 1857, the 
 Secretary of State sold to Frederick Brougher the 
 north half of the northwest quarter of section No. 
 three, (3,) of township No. twenty-seven, (27,) range' 
 No. two, (2.) west, as containing eighty-five (85) 
 acres, at six dollars per acre, amounting to five 
 hundred and ten dollars, (510,) when the said tract 
 of land only contained seventy-two and fifty hun- 
 dredths (72\50-100) arches, which, at six dollars an 
 acre, would amount to four hundred and thirty-five 
 dollars ; and whereas, the said money overpaid into 
 the Treasury, by said Frederick Brougher, ought 
 to be refunded; therefore, 
 
LA'WS OP MISSISSIPPI. 51 
 
 Section 1 . Be it enacted by the Legislature of the 
 State of ''Mississippi, That the Auditor of Public 
 Accounts is hereby authorized to issue his warrant 
 in favor of the said Frederick Brougher, for the 
 sum of seventy-five dollars. ($7f>.) being the amount 
 overpaid by said Frederick' Brougher, in the pur- 
 chase of the north half of the northwest quarter of 
 section No. three, (3,) township No. twenty-seven, 
 (27,) range Xo. two. (2,) west, and that the amount 
 of said warrant shall.be charged to the Chickasaw 
 School Fund. 
 
 Sec. 2. Be it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved. July 31, 1861. 
 
 CHAPTER XXXIII. 
 
 AX ACT to repeal the act incorporating the town of 
 Ocean Springs. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all acts and parts of 
 acts heretofore passed by this Legislature, incorpo- 
 rating the town of Ocean Springs, in the county of 
 Jackson, be, and they, are hereby repealed. 
 
 Sec. 2. Be it further enacted, That this act take 
 effect from and after its passage. 
 
 Approved, July 31, 1861. 
 
 . CHAPTER XXXIV. 
 
 AN ACT supplementary to an act entitled "An act to amend 
 the Charter of Incorporation of the Hazlehurst Male aud 
 Female Institute," approved July 5, 1860. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section second in said 
 act of amendment, which reads as follows, "that 
 the following words and figures be added to article 
 5, to-wit, provided said donor shall enter one or 
 more scholars in said Institute, be, and the 'same is 
 hereby repealed. 
 
 Sec. 2. Be it further enacted, That so much of 
 the original charter, in article third thereof, con- 
 cerning the powers of Trustees as is embraced in 
 
52 LAWS OF MISSISSIPPI. 
 
 the following words, to-wit, i- Elect their successors 
 in office," be, and the same is hereby repealed. 
 
 Sec. 3. Be it further enacted, That the follow- 
 ing words and figures be added as an amendment 
 to said original charter as article 7th, to-wit: that 
 said Trustees, within one month previous to the 
 expiration of their term of office, shall call a meet- 
 ing of the donors annually, by giving at least ten 
 day's notice thereof, by posting or publishing in 
 some newspaper printed in the county, for the pur- 
 pose of choosing a new Board of Trustees ; which 
 Trustees shall be chosen from among the donors of 
 the Institute, the shareholders voting in person or 
 by proxy, according to the regulation in the origi- 
 nal charter, and said Trustees shall commence the 
 duties of their office at the expiration of the year 
 for which their predecessors were elected. 
 
 Sec. 4. Be it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved, July 31. 1861. 
 
 be erect 
 ed 
 
 CHAPTER XXXV. 
 
 AN ACT to incorporate the DeSJoto Bridge Company, and 
 for other purposes. 
 
 Section 1. Be it enacted by, the Legislature of the 
 State of Mississippi, That G. D. Pippin, M. B. 
 Knight, John P. Partee, W. N. Weems, J. Marti- 
 where to nieroc, and such other persons whom they may as- 
 sociate with them, or who may become associated 
 with them by subscription, or otherwise, be, and 
 they are hereby incorporated into a company under 
 the name and style of the " De Soto Bridge Com- 
 pany,'' to exist for a period not longer than twenty 
 years from this date, with power to erect a bridge 
 across the river Chickasawhay, at a point as near 
 clue east from the town of T)e Soto as may be prac- 
 ticable or convenient. ! 
 
 Sec. 2. Be it further enacted, That the said Com- 
 pany hereby created, shall have power to raise by 
 subscription a sum of money not exceeding five 
 thousand dollars, for the purpose of constructing 
 
LAWS OF MISSISSIPPI. 58 
 
 the bridge mentioned in the first section, and by 
 
 their corporate name may contract .for the construc- 
 tion of the same, and thereby bind themselves and' 
 their associates for the payment of the amount bo 
 contracted for labor and material, and, in addition, 
 the mechanic or contractor shall have a subsisting 
 lein upon said bridge until he shall receive full 
 compensation according to his pontrafft. 
 
 Sec. ?>. Be U furtlier, eipacied, That said Com- 
 pany shall organize as soon as possible, by choosing 
 live Directors, Who shall from themselves choose a Of Direc- 
 President. and Secretary, who shall continue in office tors - 
 one year, and until their successors arc appointed. 
 
 Sec. i. Br it further enacted, That said Com- 
 pany shall n;m ' power to declare said bridge free 
 or toll as they see proper : Provided, that if they 
 dedare it a toll bridge, do subscriber to the stock 
 thereof shall be permit led to pass free until the 
 sum subscribed by hint or her shall be paid off and 
 discharged: And, provided further, that if said 
 bridge be declared a toll bridge, the said President 
 and Secretary shall, on behalf of said Company. 
 comply with the provisions of law now in force 
 relating to toll bridges ; the provisions of this act 
 shall not conflict with article forty-second, section 
 eleven, chapter fifteen, of the Revised Code. 
 
 Sec. 5. Be it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved, duly 31. 1861. 
 
 CHAPTER XXXVI. 
 
 AN ACT to amend an act entitled "An act to incorporate 
 the Carroll County Manufacturing Company. 
 
 Section 1. Bc : J :. 'tec by ilie Legislature of the 
 State of. Mississippi, That the corporate name of 
 the ll Carroll County Manufacturing Company"' be, 
 and is hereby changed to that of the t; Manassas 
 Mills,'' and by that name shall sue and be sued, 
 plead and be impleaded, and conduct all the busi- 
 ness transactions of said Company by the nam*, of 
 the 5 Manassas Mill ■ 
 
54 LAWS OF MISSISSIPPI. 
 
 Sec. 2. Be it farther enacted, That said Com- 
 pany, in addition to the powers heretofore granted, 
 shall have full power to make all kinds of machi- 
 nery and manufacture all. articles not prohibited by 
 
 the constitution and laws of this State. 
 
 Sec. 3. Be it further enacted. That the said 
 Company shall have, and are hereby granted au- 
 thority to increase their capital stock to the extent 
 of five hundred thousand dollars, and shall have 
 and enjoy the corporate existence and privileges 
 heretofore conferred upon them for and during the 
 term of fifty years from and after the passage of 
 this amendment. 
 
 Sec. -i. Be it further enacted, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved, August 1, 1861. 
 
 CHAPTER XXXVII. 
 
 AN ACT to ratify a contract entered into by the Mayor and 
 Aldermen of the City of Jackson and James H. Bowman. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That, whereas, on the 7th day 
 of July, 1856, a contract was entered into by the 
 Mayor and Aldermen of the city of Jackson with 
 James H. Bowman, by which the said Bowman 
 contracted to erect a Hotel in the city of Jackson, 
 and, whereas, the said Board of Mayor and Alder- 
 men, by said contract, conferred certain immunities 
 and privileges upon said Bowman, on account of 
 the erection of said Hotel, and, whereas, the High 
 Court of Errors and Appeals have decided that 
 said contract was illegal, and that the Board of 
 Mayor and Aldermen of the city of Jackson had 
 no power to enter said contract, or grant the ex- 
 clusive privileges therein granted, and, whereas, the 
 said Bowman has performed his contract in good 
 faith : Be it therefore enacted, that the Board of 
 Mayor and Aldermen of the^ city of Jackson, be, 
 and they are hereby authorized, upon the petition 
 in writing of a majority of the legal voters of the 
 
LAWS OF MISSISSIPPI. 55 
 
 city of Jackson, to make such compensation as they 
 may deem expedient to the said James H. Bowman, 
 in iieu of the exclusive privileges and advantages 
 contemplated in the above recited contract. 
 
 Sec. 2. Be it further enacted, That this act take 
 effect from the day of its passage. 
 
 Approved, August 5, 1861. 
 
 CHAPTEB XXXVIII. 
 
 AX ACT to amend an act entitled "An act in relation to 
 Slaves, Free Negroes, and Mulattoes." • 
 
 Se< itioh J . Be it enacted />.>/ the Legislature of the 
 SU 1 1 e of . /I t iss iss //•/./. Thai any person who shall 
 be convicted of any offence described in the 41st 
 article of the .thirty-third chapter of the Revised 
 Code, may, in the discretion of the Court, be im- 
 prisoned in the county jail of the county in which 
 the conviction shall take place, for a period of not 
 more than six months in addition to the fine now 
 imposed by said article. 
 
 Sec. 2. Be it further enacted, That this act shall 
 be in force from and after its passage. 
 
 Approved, August 1, 1861. 
 
 CHAPTKR XXXIX. 
 
 AN ACT to amend the Charter of the Citv of Jackson. 
 
 Section 1. Be it enacted by tie Legislature of the 
 State of Mississippi, That hereafter a writ of error 
 to the High Court of Errors and Appeals shall lie 
 from any final judgment or sentence of the Mayor 
 and Aldermen of said city of Ja'ckson. and excep- 
 tions may be taken and signed by the Mayor in the 
 same manner as in the Circuit Courts. 
 
 Sec. '2. Be it further enacted. That any party 
 aggrieved by any final judgment or sentence of the 
 said Mayor, or Mayor and Aldermen, made within 
 the last two years, or hereafter to be made, shall be 
 
5G LAWS OF MISSISSIPPI. 
 
 entitled to said writ of error, if prosecuted within 
 three years after the date of said final judgment 
 or sentence. 
 
 Sec. 4. Be it further enacted, That this act shall 
 take effect and lie in force from and after its pas- 
 sage. 
 
 Approved. Angus! 6, 1861. 
 
 CHAPTER XJj. 
 
 AN ACT to prohibit the sale of intoxicating liquors in any 
 quantity in Beat No. 17, in the county of Tippah, and for 
 other purposes. 
 
 Section 1. Beit endpted by the Legislature of the 
 State of Mississippi. That it shall riot be lawful 
 for any person to' sell vinous *or spirituous liquors 
 in any quantity in Beat No. 17, in the county of 
 Tippah, except for medicinal or sacramental pur- 
 poses, and any person offending against the provi- 
 sions of this act, shall be liable to indictment, and, 
 on conviction, shall be subject to the same penalty 
 imposed for retailing such liquors without license. 
 
 Sec. 2. Be it further enacted, That the provi- 
 sions of this act be applied to Beat No. one, in the 
 county of Copiah. 
 
 Sec. 3. Be it further enacted. That this act shall 
 take effect from its passage. 
 
 Approved, August 5, 186! . 
 
 CHAPTER XL1. 
 
 AN ACT for the relief of Wm, H. Rogers, Assessor of - 
 .Scott county. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the Auditor of Public 
 Accounts be authorized and required to issue his 
 warrant on the Treasury in favor of Wm. H. 
 Rogers, Assessor of- Scott county for the year 1860, 
 for the amount of commissions due said Assessor 
 
on said assessment of I860 ; Provided, the said 
 Assessor shall first present to the Auditor a certifi- 
 cate of the Clerk of the Probate Court of said 
 county, certifying that said Assessor has furnished 
 to the Clerk a Military roll of said county, as pro- 
 vided by an act further to regulate the Militia and 
 Volunteer System, approved February 10, 1860 
 
 Sec 2. Be it further emoted, That said Assessor 
 shall be exempt from anv penalty or forfeiture • 
 Provided, in said act of I860, on his complying 
 with its provisions, as provided for in the first sec- 
 tion of this bill. 
 
 Sec. 3. Beit further enacted, That this act take 
 eilect and be in force from and after its passage 
 
 Approved, August 1, 1861. 
 
 CHAPTER XL II. 
 
 AN ACT to divide the State of Mississippi in seven Con- 
 gressional Districts. 
 
 Section J . Be it enacted by the Legislature of the 
 btateof Mississippi, That this State shall be and 
 the same is hereby divided into seven Congressional 
 Districts, in pursuance of the census of I860 as 
 follows, to-wit : ' 
 
 i District No. 1 shall contain the following coun- 
 ties viz: Marshall, Lafayette, Yallobusha, Calhoun, 
 Tallahatchie, DeSoto, Panola, and Chickasaw. 
 
 District No. 2 shall comprise Tishomingo, Tip- 
 pah,Itawamba, Pontotoc, and Monroe. 
 
 District No. 3. shall comprise Lowndes, Oktib- 
 beha, Noxubee, Kemper, Winston, Choctaw, and 
 Neshoba. 
 
 District No. 1 shall comprise Tunica, Coahoma, 
 tfolivar, Washington, Issaquena, Warren, Clai- 
 borne, Jefferson, Adams, and Copiah. 
 
 District No. 5 shall comprise Sunflower, Carroll 
 Attala, Holmes, Leake, Madison, and Yazoo. 
 
 District No. 6 shall comprise Hinds, Kankin 
 bcott, Newton, Lauderdale, Simpson, Smith, Jasper, 
 and Clark. * ' 
 
 L-9 
 
58 LAWS OF MISSISSIPPI. 
 
 District No. 7 shall comprise Franklin, Amite, 
 ^lilkinson, Pike, Lawrence, Covington, Jones, 
 Wayne, Green, Perry, Marion, Hancock, Harrison, 
 and Jackson. 
 
 Sec. 2. Be it further enacted. That the laws 
 heretofore in force, and contained in the Revised 
 Code of 1857, in relation to the election of mem- 
 bers of Congress in the United States, be, and the 
 same are declared applicable to the election of 
 members of Congress in the Confederate States of 
 America. 
 
 Sec. 3. Beit further enacted, That- this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved , August 5 , 1861. 
 
 CHAPTER XLIIT. 
 
 AN ACT for the relief of Evelina M. Hammett. 
 
 Whereas, William H. Hammett lately de- 
 parted this life, in the county of Washington, leav- 
 ing no children or descendants surviving him, but 
 leaving his widow, Evelina M. Hammett, and it 
 being supposed that the said Hammett was an alien 
 at the time of his decease, and there being some 
 doubt whether his estate, under the law, hag es- 
 cheated to the State of Mississippi, or whether his 
 widow is entitled to the same ; therefore, 
 
 Section 1. Be it enacted by the Legislature of tin 
 State of Mississippi, That the State of Mississippi 
 hereby gives, grants, transfers, and assigns, to the 
 said Evelina M. Hammett, widow of William H. 
 Hammett, deceased, all the right, title, claim and 
 interest of the State of Mississippi which it has 
 acquired by escheat in and to the estate and pro- 
 perty of every kind of William H. Hammett, de- 
 • ceased. 
 
 Sec. 2. Be it further enacted, That the District 
 
 Attorney be required to proceed forthwith to have 
 
 D . f the escheat of the property and estate of the said 
 
 District William H. Hammett judicially declared according 
 
 Attorney, to the provisions of the law, and when so declared; 
 
LAWS OF MISSISSIPPI. &9 
 
 that the same inure to the benefit and use of the 
 said Evelina M. Hainmett, according to the provi- 
 sions of the first section of this act, the said Evelina 
 M. Hammett paying all costs and charges incident 
 to or arising out of such proceedings. 
 
 Sec. 3. Be it further enacted, That the said Eve- 
 lina M. Hammett may use the name of the State of 
 Mississippi for her benefit in any suit necessary to 
 recover any of the estate or property of said Wil- 
 liam H. Hammett, deceased, or to maintain or de- 
 fend her right and title to the same, or which may 
 be necessary and proper to establish her right and 
 title thereto, she the said Evelina M. Hammett 
 paying all costs and charges thereof. 
 
 Sec. 4. Be it further enacted, That this act take 
 effect from its passage. 
 
 Approved, August 5, 1861. 
 
 CHAPTER XLIY. 
 
 AN ACT to authorize the issuance of Patents for Lands in 
 certain cases. 
 
 Whereas, the Convention of this State having 
 directed the sale of lands by the Registers and Re- 
 ceivers of the several land offices of this State, by 
 an ordinance entitled "An ordinance to authorize 
 the sale of waste and unappropriated lands in the 
 State of Mississippi," adopted March 28, 1861 ; 
 and, whereas, there is no provision made by said 
 Ordinance, or otherwise, for the issuance of a 
 patent to the purchaser of land under said ordi- 
 nanc ; therefore, 
 
 Be it enacted by t/w Legislature of the State of 
 Mississippi, That upon the presentation by the pur- 
 chaser to the Secretary of State of a receipt signed 
 by the receiver of the proper land office, showing 
 payment to have been made for the land, the Secre- 
 tary of State shall thereupon issue to the purchaser 
 a patent conveying to him the title to the land pur- 
 chased as in other cases of land conveyed by patent 
 by the Secretary of State, and in all cases where 
 any person shall be entitled to a. patent' for 
 L— 10 
 
LAWS OF MISSISSIPPI. 
 
 any laud, by virtue of any of th ipiion 
 
 laws of the United to the 
 
 9 tli day of January, j 86 * , or e, tlie 
 
 Secretary of State shall have po . atehfa 
 
 therefor, on the, compliance by the person entitled 
 thereto, with the requirements of the law;-; in rela- 
 tion thereto. 
 
 Approved, August 5, 1861. 
 
 CHAPTER XLV. 
 
 AN ACT to amend an act entitled "An act to aid in repair- 
 ing and perfecting the Lsvee of the Mississippi Kiver in 
 the counties of De Soto, Tunica, Coahoma, Bolivar, Wash- 
 ington, and Issaquena," approved December 2, 1858. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi. That it shall be the duty of the 
 Notice, President of the Boa, J of Levee Commissioners, 
 how given whenever a location of the levee is made on or 
 through the lands of any person, to give notice to 
 such person that such location has been made, which 
 notice shall be given personally to the owner of the 
 land, if he can be found in the county, and if not 
 so found, by filing the same with the Clerk of Board 
 of Police of the county; and any person who may 
 feel himself aggrieved by such location of the levee, 
 shall notify the Board of Police of the county in 
 which the lands lie, on or before the second regular 
 meeting of the Board after such notice has been 
 given, and thereupon such proceedings shall be had 
 to ascertain the damages sustained by the party in 
 consequence of such location, in manner and form 
 as provided in the nineteenth section of the act to 
 which this is an amendment. 
 
 Sec. 2. Beit further enacted; In all cases where 
 the levee has heretofore been located and not yet 
 constructed, and the party through or on whose 
 land the same has been located will make oath that 
 he did not know of such location until after the 
 second meeting of the Board of Police subsequent 
 to such location, and in consequence thereof did 
 not notify the said Board of Police that he felt 
 
LAWS OP MISSISSIPPI. 61 
 
 himself aggrieved by such location as provided bi- 
 section nineteen of the act aforesaid, it shall be 
 competent for all such persons to notify the Board 
 of Police, at the second regular meeting of the 
 Board of Police of the county in which the lands 
 are situated, of his dissent from such location, and 
 thereupon an inquiry of damages shall be had in 
 manner and form provided in the nineteenth section 
 of the act aforesaid, and in the event such levee 
 shall have been built, then it shall be the dut; 
 the President of the Board of Levee Commr 
 
 to pay to such party such dan: be 
 
 ascertained (o be <Jue him as aforesaid ; Provided 
 howwer. thai the President of the Board of Levee 
 Commissioner.-; may contest the. truth of the affida- 
 vit denying noticcof the location as aforesaid ; 
 and if j( shall appear that the party making such 
 affidavit had notice of the location of said levee 
 before the second meeting of the Board of Policv 
 after the location was made, then no inquiry of 
 damages shall be awarded as aforesaid. 
 
 Sec. 3. Be it farther enacted, That should any 
 person or persons summoned to assess said dam- 
 ages fail to attend, the Sheriff shall immediatelv 
 summon others in their place, and lie shall return 
 such defaulters to the Board of Police, and thev 
 shall be fined each in the sum of twentv dollars, 
 unless sufficient excuse be macfe. 
 
 Sec. 4. Beit further enacted, That this act shall 
 fake effect and be in force from and after its pas- 
 sage. 
 
 Approved. August 5, 1861. 
 
 CHAPTER XL VI. 
 
 AN ACT to Incorporate the Marshall County Mrnufactur- 
 ing Company. 
 
 Whereas, Wiley A. P. Jones, Wm. S.McEl- 
 wame, E. G. Barney, and J, Howard Athey have 
 now m successful operation a Foundry Establish- 
 ment in the. City of Holly Springs, county of Mar- 
 snail, and State of Mississippi : therefore. 
 
1 2 LAWS OF MISSISSIPPI. 
 
 Section 1 . Be it enacted by the Legislature of the 
 State of ^Mississippi, That the aforesaid Wiley A. 
 Style of P. Jones, Wm. S. McElwaine, E. G. Barney, and J. 
 Company. Howard Athey, together with those who may here- 
 after become stockholders, in the manner hereinaf- 
 ter prescribed their successors and assigns, be, and 
 they are hereby created a body corporate, by the 
 name and style of the, Marshall County Manufac- 
 turing Company, and by that name may sue and be 
 sued, plead and be impleaded, answer and be an- 
 swered, in any court of law or equity, and contract 
 and be contracted with, and shall be capable of 
 purchasing, holding and alienating all kinds of 
 property, real, personal and mixed, for the purpose 
 of carrying on in the county of Marshall, and State 
 ^Character °f Mississippi, a General Manufactory in wood, 
 of Manu- iron, woolen and cotton yarns, and other fabrics, 
 factory, fire arms, and other ordinances, and for the erection 
 of all additional buildings, and the making or pur. 
 chasing additional machinery; and said corporation 
 shall bave power to make and enforce any by-laws, 
 not contrary to the constitution of the State of 
 Mississippi, which may be necessary to carry into 
 effect the provisions of this act and the purposes 
 thereof. 
 
 Sec. 2. Be it further enacted, That the capital 
 stock of said company shall be fifty thousand dol- 
 Of Capi- lars, to be divided into shares of one hundred dol- 
 tal Stock, lars each, and said shares shall be transferable by 
 assignment agreeable to the by-laws of said com- 
 pany. 
 
 Sec. 3. Be it farther enacted, That the above 
 
 named persons, or a majority of those who may 
 
 consent to act as such, shall be commissioners, who 
 
 Books of ma y au^orize any two or more of their number to 
 
 tion open- °P en D0 °ks for receiving subscriptions for the capi- 
 
 ed. tal stock of said corporation, in the town of Holly 
 
 Springs, and at such other places, and at such times, 
 
 as they may deem expedient ; not less than ten 
 
 days' notice shall be previously given by them, in 
 
 one or more newspapers, published in the State of 
 
 Mississippi, of the time and place of opening; said 
 
 Sireetors books, and so soon as the stock shall be subscribed, 
 ^loct! they shall give like notice for a meeting of the 
 t& stockholders, to elect directors at the time and 
 
 
LAWS OF MISSISSIPPI. * 63 
 
 place appointed, and three or more directors shall 
 be chosen, by ballot, by such stockholders as shall 
 attend for that purpose,* either in person or by 
 proxy; each share of the capital stock shall entitle 
 the holder to one vote ; a new election of directors 
 shall be held annually, at such time and place as 
 the stockholders at their first meeting may appoint : 
 but if no election shall 1* made on the day ap- 
 pointed, such election may be held at any other 
 time and place that may be appointed by the by-law.- 
 of the corporation, and the directors chosen at any 
 election shall continue in office until their succes- 
 sors are elected and qualified, and as soon after 
 their election as may be convenient, shall hold a 
 meeting and elect one of their number president ; 
 and if a vacancy shall occur in said Board of Di- 
 rectors by death, resignation, or otherwise, said 
 vacancy may be tilled by the remaining directors, 
 or a majority of them, until the next regular elec- 
 tion ; a majority of said directors, with the presi- 
 dent, shall form a board, and be competent to trans- 
 act all business of the corporation, and in the event 
 of the absence of the president, from any cause 
 whatever, the directors present shall elect one of 
 their number president, pro tern. 
 
 Sec. 4. Be it further enacted, That upon every 
 subscription for stock there shall be paid at the Subscrip- 
 time of subscribing, to the person or persons au- tions, how 
 thorized to open said books, the sum of twenty five P aid - 
 dollars on each share subscribed for, and the resi- 
 due thereof shall be paid in such instalments and 
 at such time as may be agreed by the president and 
 directors of said company to the Treasurer thereof. 
 No payment other than the first shall be required 
 until at least thirty days' notice of said require- 
 ments shall have been given by the president* and 
 directors in some newspaper published in said 
 county of Marshall, or by personal service, and 
 said commissioner or commissioners who may re- 
 ceive said first instalment, shall forthwith after the 
 election of directors pay over to said directors all 
 moneys so received. , 
 
 Sec. 5. Be it further enacted, That if any stock- ij nque £t 
 holder shall fail or neglect to pay any instalment shared 
 or part of said subscription demanded, as aforesaid, dew. 
 
64 « Mississippi. 
 
 for thirty days after the same shall be due and 
 payable, the said president and directors, upon giv- 
 ing thirty days' notice thereof, by advertisement in 
 ^ome newspaper in said ©ounty of Marshall, may, 
 and they are hereby authorized to sell, at public 
 auction, so many shares of said delinquent stock- 
 holder or stockholders' stock, as may be necessary 
 to pay such instalment and the expenses of adver- 
 tising and sale, and transfer the share or shares so 
 sold to the purchaser, and the residue of money, 
 after paying such instalment and expenses, if any, 
 shall be paid to such delinquent stockholder on de- 
 mand. 
 
 Sec. 6. Be it further ciuidaL That the presi- 
 Powers of dent and directors of said company shall be, and 
 Company, they are hereby invested with all the rights and 
 privileges and powers requisite and necessary for a 
 general manufacturing business as above provided 
 in section first, or for any or either of them, as 
 above named, and to make and contract all build- 
 ings and work whatever that may be contracted for 
 by them, to be built of work of their manufacture, 
 or for the construction of all additional buildings 
 and machinery which may be necessary and expe- 
 dient in carrying on said business ; they shall have 
 power to appoint a Treasurer, clerks and managers, 
 •and such other officers as to them may appear ne- 
 cessary to conduct the business of the company, and 
 require bonds for the faithful performance of their 
 duties ; they shall have power to make contracts 
 with any person or persons for the furnishing of 
 anything manufactured by the company, to require 
 from the stockholders, from time to time, instal 
 ments upon their stock until the whole is paid in, 
 to call general meetings of the stockholders when- 
 ever the general interest of the company may re- 
 quire it, and all the property acquired under and 
 by virtue of this act, and all profits which shall ac- 
 crue from the same, shall be vested in said company. 
 Sec. 7. Be it further enacted, That at the regu- 
 Dividends lar annual meeting of the stockholders of said com- 
 how de- pany, it shall be the duty of the president and di- 
 clared. rectors in office for the previous year, to exhibit a 
 clear and distinct statement of the affairs of the 
 . company, and the president and directors shall an* 
 
LAWS OF MISSISSIPPI. 65 
 
 nually or semi-annually declare and make such di- 
 vidend as they may deem proper of the profits 
 arising therefrom , .deducting the net current and 
 probable contingent expense?, and they shall divide 
 the same among the stockholders in proportion to 
 their respective shares. 
 
 SfcOi 8. Be it fittfther enpeted, That said presi- 
 dent and directors shall issue certificates of stock Certifi- 
 in said company to all stockholders, setting forth cates ot 
 the number of shores held by each, and the amounts stock how 
 paid thereon, which certificates shall be signed by ,s<3Ued - 
 the President, and countersigned by the Treasurer, 
 and shall be transferable by the owner under such 
 rules and regulations as the president and directors 
 may adopt, bitt no transfer shall be made until all 
 instalments due and payable sliall have been paid. 
 
 Sec. 9. Be 'it fuftlh ' </. That it shall be 
 
 lawful foi' said president and directors to receive Donations 
 doifn lions, borrow money, and secure the payment how re- 
 of the same, by a pledge of the property of the ceived. 
 company, and make and issue evidences for such 
 loans, or other assurances for the payment thereof, 
 such evidence of loan being always of an amount 
 equal to amount of loan. 
 
 Sec. 10. 'Be it furt)ier enacted, That this act shall 
 be favorably construed to effect the purpose thereof 
 intended, and copies thereof printed by the State 
 shall be received as evidence thereof. 
 
 Sec. 11. Be U further enacted, That should the 
 capital hereby granted be not sufficient to accom- Capital 
 plish the purposes intended, the corporation may inaybein- 
 incrcase the same to an amount not exceeding five creased, 
 hundred thousand dollars, and the stockholders 
 may at any general meeting increase the number of 
 directors, a majority of whom shall constitute a 
 quorum to do business. 
 
 Sec. 12. Beit farther enact ed . That the president 
 and directors, or any number of stockholders own- Meetings 
 ing one-third of the whole amount of stock, may of stock- 
 call a general meeting of the stockholders by giv- holders, 
 ing at least thirty days' notice thereof in any news- howcal l- 
 paper published in the said county of Marshall, and e 
 specifying in said notice the object of the call, and 
 a majority of the stockholders being represented. 
 L— 1:> 
 
66 
 
 LAWS OP MISSISSIPPI. 
 
 they may make such order relative to the affairs of 
 the company as they may think proper. 
 
 Sec. 13. Be it further enacted, That it shall be 
 Books, the duty of said directors to cause to be kept by a 
 how kept, competent clerk or clerks books of account, in 
 which shall be entered all moneys received and 
 disbursed, all purchases and sales made, all things 
 else pertaining to the carrying on and management 
 of the business as aforesaid, which books shall be 
 subject at all times to the inspection of the stock- 
 holders under the supervision of said clerk or 
 clerks. 
 
 Sec. 14. Be it further enacted, That no stock- 
 holder shall at any time sell or transfer his share 
 or shares in said capital stock, or any part thereof, 
 to any person or persons whatsoever not a stock- 
 holder in the company, without first giving to the 
 company, by written notice to the board of direc- 
 tors, the preference to purchase such share or shares 
 so intended to be sold or' transferred, at such $rice 
 or rate as he or they could obtain from such other 
 person or persons not a stockholder in said com- 
 pany, and all assignments of stock shall be made 
 on the books of the company. 
 
 Sec. 15. Be it further enacted, That this act shall 
 take effect and be in force from and after its pas- 
 
 Stocks, 
 how 
 trans- 
 ferred. 
 
 Approved, August 5, 18(11. 
 
 CHAPTER XLVI1. 
 
 AN ACT to amend an act entilted "An act to regulate the 
 Sale of Vinous and Spirituous Liquors contained in Chap- 
 ter 20 of the Revised Code." 
 
 
 Section 1. Be it enacted In/ the Legislature of the 
 State of Mississippi, That if any person, whether 
 licensed or not, shall hereafter sell any vinous or 
 spirituous liquors, or any intoxicating drinks, to 
 any Indian, slave, or free negro, either with or 
 without the consent or previous permission of the 
 mastor or owner pf such slave, the person so offend* 
 
LAWS OP MISSISSIPPI. 67 
 
 ing shall be liable to indictment, and on conviction 
 shall be punished by confinement in the peniten- 
 tiary, for a term of not less than two years, nor 
 more than five years. 
 
 Sec. 2. Beit further enacted, That the 14th sec- 
 tion of chapter 20 of the Revised Code shall not 
 apply to the offence of selling vinous and spiritu- 
 ous liquors, or other intoxicating drinks, to Indians, 
 slaves, or free negroes, committed after the passage 
 of this act, but, as to such offenders, the said article 
 shall be deemed suspended and repealed by this 
 act. 
 
 Sec. 3. Be it further enacted, That if any slave 
 owner shall permit his or her slave to purchase any 
 intoxicating liquor, for the use of such slave or 
 other slaves, such owner shall be fined not less than 
 one hundred dollars, nor more than one thousand 
 dollars, for each and every offence. 
 
 Sec. 4. Be it further enacted. That this act is not 
 intended or designed to place any restraint, or let 
 or hindrance, on the right of the master to order, 
 either in person or by writing sent by his slave, 
 any quantity of liquor for the use of his master or 
 family from any person authorized to sell. 
 
 Sec. 5. Be it further enacted, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved, August 5, 1861. 
 
 CHAPTER XLVII1. 
 
 AN ACT to punish tampering With Slaves and otherwibe 
 amend the Criminal Laws of this State. 
 
 Section 1. Be it enacted by the Legislature of tlie 
 State of Mississippi, That if any white person shall 
 advise or conspire with any slave or slaves to rebel 
 or make insurrection against the white inhabitants 
 of this State, or shall in anywise aid, assist or abet 
 any slave or slaves making rebellion or insurrec- 
 tion, or shall advise or assist any slave or slaves in 
 the murder of any person whatsoever, or in the 
 commission or the attempt to commit any felony, 
 L—14 
 
68 L4^S OF MISSISSIPPI. 
 
 or sjiall consult, advise or conspire with any other 
 white person, free negro, or any slave or slaves, to 
 induce, entice or excite any slave or slaves to rebel 
 or make insurrection, or commit other felony, or 
 shall tamper witjh any slave or slaves to induce 
 them to run away from iheir master or lawful em- 
 ployer, or to commit any crime, or shall teach or 
 attempt to teach any slave or slaves any seditious, 
 revolutionary or rebellious sentiments, every such 
 white person so offending shall, on conviction, be 
 deemed guilty of felony, and shall be imprisoned in 
 the penitentiary not less than ten years, and for 
 such longer period as the court trying the offence 
 may direct. 
 
 Sec. 2. Be it further enacted. That tin's act shall 
 take effect and be in force in thirty (lavs from and 
 after its passage. 
 
 Approved, August 0. 1861. 
 
 CHAPTER XLIX. 
 
 AN ACT to suspend the collection of the ten cent Levee tax 
 in certain counties. 
 
 Section 1. Be it enacted hi/ the Legislature of the 
 State of Mississippi, That the collection of the tax 
 often cents per acre per annum, assessed by an act 
 entitled "An act to aid in repairing and perfecting 
 the levee of the Mississippi river in the counties of 
 De Soto, Tunica, Coahoma, Bolivar, Washington, 
 and Issaquena,'' approved December 2, 1858, be, 
 and the same is hereby suspended during the pre- 
 sent war between the United States and the Con- 
 federate States of America, and until the first 
 Monday of April next thereafter, and from said 1st 
 Monday of April of each year, for the number of 
 years the said tax had to v\m at the time of said 
 suspension. 
 
 ■ Sec. 2. Be it farther enacted, That the collection 
 of the tax of ten cents per acre per annum, assessed 
 by an act entitled "An act to provide for the pay- 
 ment of the indebtedness of certain counties of the 
 Mississippi River Levee District," approved Feb. 
 
Laws of Mississippi. 69 
 
 10, 1860, be, and is hereby suspended for the same 
 period, and on the same conditions, as provided in 
 the first section of this act in reference to the tax 
 assessed by the act therein mentioned; but the tax 
 specified in said first section shall bo iirst collected 
 in the manner therein provided, and annually after- 
 wards shall be collected the tax assessed by the act 
 above specified, approved February 10, I860. 
 
 Sec. 8. Bt it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved. August 6, 1861. 
 
 CHAPTER J,. 
 
 A^ ACT to authorize the Boards of Police of Tunica and 
 Coahoma counties to issue Scrip in payment for Levee 
 work. 
 
 Sectiox 1 . Be it enacted by the Legislature of the 
 Stair if Mississippi, That the Board of Police of 
 the counties of Tunica and Coahoma be, and they 
 are hereby authorized to issue the scrip of said 
 counties, respectively, bearing eight per cent, per 
 annum interest, in payment for work and labor 
 done in building or repairing levies therein ; Pro- 
 vided, that the amount of scrip so issued in any one 
 year, including the interest thereon until its matu- 
 rity in either county, shall not exceed the sum which 
 would accrue from a tax of fifteen cents per acre 
 for that year on the taxable lands of the county; 
 and the date of the maturity of the scrip issued the 
 first year; or the year ending the first of April, A. D. 
 L862', shall He the first day of April, A. D. 1863, 
 and annually thereafter as to scrip issued in subse- 
 quent years. 
 
 Sec* 2. Be it farther enacted, That a tax of 
 fifteen cents per acre per annum is hereby assessed 
 upon the taxable lands of said counties, respectively, 
 to be due and payable on the iirst day of March of 
 each and every year, beginning with the first of 
 -March, A. I). 1863, and to be collected conformably 
 to the local levee laws of said counties, and applied 
 
70 IiAWS OP MISSISSIPPI. 
 
 under the directions of their Boards of Police, re* 
 spectively, to the payment at maturity of the scrip 
 issued by them. 
 
 Sec. 3. Beit further enacted, That the provisions 
 of section 7, (seven,) of an act entitled ''An act to 
 provide for the payment of the indebtedness of 
 certain counties of the Mississippi River Levee 
 District/'' approved Feb. 10, 1860, be, and the same 
 are hereby extended to and incorporated within 
 this act. 
 
 Sec. 4. Be it further enacted. That section 21 of 
 an act entitled a An act to aid in repairing and per- 
 fecting the levee of the Mississippi river in the 
 counties of DeSoto, Tunica, Coahoma, Bolivar, 
 Washington, and Issaquena," approved December 
 2, 1858, be, and the same is hereby repealed as to 
 the counties of Tunica and Coahoma. 
 
 Sec. 5. Be it further enacted, That this act take 
 effect and be in force from and after its passage. 
 
 Approved, August 6, 1861. 
 
 CHAPTER LI. 
 
 AN ACT to amend the Criminal Laws in relation to 
 Adultery and Fornication. 
 
 Section 1. Beit enacted by the Legistature of the 
 State of Mississippi, That if any man and woman 
 
 Penalty, shall live together in unlawful cohabitation, wheth- 
 er the same be in adultery or fornication, and 
 whether the woman be slave or free, either party 
 so offending shall be. fined in any sum not less than 
 one thousand dollars, and imprisoned not-more than 
 twelve months, at the discretion of the court ; Pro- 
 vided, that this section shall not authorize the in- 
 dictment and punishment of any slave. 
 
 Sec. 2. Beit further enacted, That in any indict- 
 ment under the first section of this act it shall not 
 
 Of proof ^ e necessary to charge who is the owner of any 
 such slave, nor to prove the ownership as alledged, 
 but it shall be sufficient if the indictment charge 
 that the female with whom the cohabitation is al- 
 
LAWS OF MISSISSIPPI. 71 
 
 ledged is a white woman, a free negro, or a slave, 
 as the case may be. 
 
 Sec. 3. Be it further enacted, That this act shall 
 take effect and he in force from and after its pas- 
 sage. 
 
 Approved, August 6. 1861. 
 
 CHAPTER L1I. 
 
 AN ACT Supplemental to "An act to amend the Charter 
 of the City of Jackson. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the right to prosecute a 
 writ of error from the final sentence or judgment 
 of the Mayor, or Mayor and Board of Aldermen, 
 of the city of Jackson, provided for by the act to 
 whicli this is a supplement, shall not apply in any 
 case in whicli the amount of said final sentence or 
 judgment does not exceed the sum of thirty dollars. 
 
 Sec. 2. Be it further enacted, That this act shall 
 take effect and be in force from and after its pas- 
 sage. 
 
 Approved, August 6, 1861. 
 
 CHAPTER LIII. 
 
 AN ACT making csrtain appropriations therein named. 
 
 Section 1 . Be it enacted by the Legislature of t/w 
 State of Mississippi, That the following sums be 
 allowed and paid out of any money in the Treasury 
 not otherwise appropriated : 
 
 Article 1. To I. Strauss, for sundry articles 
 furnished the House, as per account, $4 25. 
 
 Art. 2. To Angelo Miazza, for 615 lbs. Ice, at 
 10 cts., $61 50. 
 
 Art. 3. To C. A. Moore, for mucilage and knife 
 furnished the House, $3 75. 
 
 Art. 4. To A. Reed, for services attending on 
 the Hall from 25th July to date, 13 days, at 1 50 
 per day, add 50 cts, for paste, $20 00, 
 
72 LAWS OF MISSISSIPPI. 
 
 Art. 5. To \Ym. Brown and John Barle, pages 
 of the House, at $2 00 per diem, fur 13 dajs efceh. 
 00,— $52 00. 
 
 Art. G. To E; Barksdale, for copies Daily 
 
 Mississippian for the use of the Legislature during 
 this session, -the sum of $50 00. 
 
 Art. 7. To E. Barksdale. for printing done for 
 the House during the session, $158 20. 
 
 Art. 8. To Madison McAfee, for Jeffrey for at- 
 tending on the Senate -13 days, at $1 50 per day, 
 and 50 cts. for paste, $20 00." 
 
 Art. 9. To W. H. Terrett, for services as Libra* 
 rian, pro tern., 9 days, at $3 00 per day, (to be de- 
 ducted from the salary of Mr. Johns, Librarian.) 
 127 00. 
 
 Art. 10. To H. Shackelford, Senate pase, >~ 0,0 
 per diem for 13 days, $26 00. 
 
 Art. 11. To servant Jacob, for service- rendered 
 in hauling water to the Capitol, for the use of the 
 Legislature, one week, $4 00. 
 
 SEC. 2. Be it further enacted, That this act shall 
 be sufficient authority for the payment of the re- 
 spective sums of money hereinbefore specified : Pro- 
 vided, that the Auditor of Public AcconuL, shall 
 be, and he is hereby required to take from the per- 
 sons, respectively, to whom appropriations are 
 herein made, a receipt in full to this date, for ser- 
 vices and items stated in their respective claims: 
 and this act shall take effect and be in force from. 
 and after its passage. 
 
 Approved, August 0, 1861. 
 
 CHAPTER LIV. 
 
 A BILL to be entitled an act to suspend the appropriation 
 for the Geological Survey of this State during the war be- 
 tween the United States and the Confederate States of 
 America. 
 
 Section 1. Be it enacted bu the Legislature of the 
 State of Mississippi, That the appropriation to 
 Exeep- carry on the Geological Survey, and all laws ac- 
 tions to thorizing the same, be, and the same are hereby 
 this act suspended until the close of the war, and for twelve 
 months thereafter, except the sum of twelve hun- 
 dred and fifty dollars per annum, which shall be 
 
LAWS OF MISSISSIPPI. 73 
 
 applied to the payment of the salary of the State 
 Geologist, and the purchase of such chemicals as 
 may be necesi&iry to carry the analysis of soils, 
 minerals, and mineral water, and to enable him to 
 preserve the apparatus; analysis, and other pro- 
 perty belonging to the State connected with said 
 survey. 
 
 Sec. 2. Be it further enacted, That the approb- 
 ation out of the State Treasury of five hundred Relating 
 dollars per annum for the purchase of books for the to State 
 State Library be] and the same is hereby suspended Llbrai T- 
 during the war, and for twelve months thereafter, 
 and that the Auditor of Public Accounts be di- 
 rected to issue warrants in accordance with the 
 provisions of this act, and that it take effect from 
 and after its passage. 
 
 Approved, August 6,4881. 
 
 CHAPTER LV. 
 
 AN ACT to enable Volunteer Companies, in the service of 
 the Confederate States, to draw the amount due them un- 
 der the loth section of an act approved Feb. 10, 1860, 
 entitled "An act further to regulate the Militia and Volun- 
 teer System. 
 
 Section 1 . !:• it eniffled Try the Legislature <>f the 
 ,Sla(c of Mississippi, That the oath required of 
 commanding officers of companies by the 13th sec- 
 tion of the above recited act be authorized to be 
 made before the Colonel or commanding officer of 
 the regiment. 
 
 Sec" 2. Be it father enacted. That this act take 
 effect and be in force from and after its passage. 
 
 Approved. August (>, 1861. 
 
 CHAPTER LVI. 
 
 AN ACT to exempt money invested in Confederate or 
 State Bonds from taxation. 
 
 Section 1. Be it exacted by the Legislature of the 
 State of Mississippi, That all money invested by 
 the citizens of this State, in Confederate or State 
 
74 LAWS OF MISSISSIPPI. 
 
 Bonds, or other Confederate or State securities, be, 
 and the same is hereby exempt from taxation, as 
 money loaned at interest. 
 
 Sec. 2. Be it further enacted, That this act shall 
 be in force from and after its passage. 
 
 Approved, August 6, 1861. 
 
 CHAPTER LVII. 
 
 AN ACT to modify the Collection Laws of this State. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all laws for the collec- 
 tion of debts and liabilities, on bonds, promissory 
 notes, bills of exchange, open accounts, or contracts 
 for the payment of money, are hereby suspended 
 until twelve months after the close of the present 
 war, or until otherwise ordered by law, except in 
 cases of official liabilities on the part of public 
 officers ; And, provided, that no creditor shall be 
 deprived of his remedy by attachment, as now pro- 
 vided by law. 
 
 Sec. 2. Be it further enacted, That this act shall 
 not apply to parties who have cases now pending 
 in the courts, and who agree in open court to pro- 
 ceed to trial. 
 
 Sec. 3. Be it further enacted, That no execution 
 or venditioni exponas, founded upon any judgment 
 or decree obtained previous to the passage of this 
 act, shall be issued for the sale of property until 
 otherwise provided by law, nor shall there be any 
 sales under executions or writs of venditioni expo- 
 nas now issued or levied, nor under deeds of trust 
 or mortgages ; Provided, that any debtor or de- 
 fendant who may have property in the hands of the 
 sheriff, under levy of execution or venditioni expo- 
 nas, shall within sixty days after the passage of 
 this act replevy the same, by giving bond, with 
 good and sufficient security, for the forthcoming of 
 the property when tho remedies herein suspended 
 for the collection of debt shall be reviyad. 
 
LAWS OP MISSISSIPPI. 78 
 
 SEC. 4. Be it further enacted, That this law shall 
 not be construed to discharge the lien which has 
 already been acquired by due process of law, nor 
 shall the time during which this law is in force be 
 computed in any case where the statute of limita- 
 tion comes in question. 
 
 Sec. 5. Be it further enacted, That this act shall 
 not apply to contracts or liabilities made and en- 
 tered into after its passage: Provided such con- 
 tracts or liabilities are not founded on indebtedness 
 existing prior to the passage of this act; nor shall 
 this act apply to debts due to the school funds of 
 the several townships and counties of this State ; 
 and that tills act take effect from and after its pas- 
 sage. 
 
 WILLIAM A. LAKE, 
 Speaker of the House of Representatives. 
 JA.MES DRANE, 
 President of the Senate. 
 Approved, August 5, 1861. 
 
 JOHN J. PETTUS. 
 
[CERTIFICATE.] 
 
 Secretary ok State's Office. 
 
 Jackson, Mis?., September 2. 1861. 
 
 This is to certify that the foregoing printed Acts, Resolu 
 tions and Memorials, passed at a called session of the Legis- 
 lature of the State of Mississippi, held in Jackson in the 
 months of July and August, in the year one thousand eight 
 hundred and sixty-one, are just and true copies from the 
 originals in the office of the Secretary of State. 
 
 Given under my hand, and the great seal of the State of 
 of Mississippi, Hie day and year first above 
 
 I,, s.j 
 
 written. 
 
 C. A. BROUGHER, 
 
 Secretary of State. 
 
INDEX. 
 
 ADJUTANT GENERAL— an act to reduce the sala- 
 ry of, 47 
 
 ADULTERY AND FORNICATION— act to amend 
 
 the Criminal Laws in relation to, 70 
 
 AGRICULTURAL BUREAU— an act to suspend all 
 laws making appropriations to the Agricul- 
 tural Bureau and Agricultural Societies 
 during the pendency of the war, 4$ 
 
 APPROPRIATIONS— an act' making certain appro- 
 priations, • 1 
 
 BONDS — an act to exempt money invested iu Confed- 
 erate or State bonds from taxation, 73 
 
 COLLECTION LAWS— an act to modify the Collec- 
 tion Laws of this State, 74 
 
 COMMISSIONERS 16th Section— an act to author- 
 ize the Commissioners of . the Sixteenth 
 Section, of Township 7, Range 13, east, to 
 make titles to the said 16th Section, 49 
 
 CONGRESSIONAL DISTRICTS— an act to divide 
 the State of Mississippi in seven Congres- 
 sional Districts • 57 
 
 CONTENTS— first eight pages, 
 
 COUNTY POLICE— an act to extend the powers and 
 to confirm the acts of the Boards of County 
 
 Police in certain cases, 31 
 
 an act to provide additional compensation to 
 the Clerks of the Police Courts of De Soto 
 
 and Tunica counties, . . . . . 48 
 
 an act to authorize the Boards of Police of 
 Tunica and Coahoma counties to issue Scrip 
 in payment for Levee work, 69 
 
 CONSTITUTION— bill of rights, equality of rights, 
 political power, and right to 
 
 change government, . , , , , 1 
 
 religious worship free to all,,. . . . 2 
 
SO INDEX. 
 
 CONSTITUTION— no preference given, 2 
 
 truth to be given in evidence, .... 2 
 security of person, &c, from search 
 
 warrant. 2 
 
 accused how heard and convicted, 2 
 proceedings in indictable offences, 3 
 life, &c. not to be put twice in 
 
 jeopardy for the same offence. . 3 
 justice to be administered to all 
 
 without sale, &c. 3 
 
 power of suspending laws, <fcc, . . 3 
 excessive bail not to be required, . S 
 
 bailable offences, . . . 3 
 
 when debtor not to be imprisoned, 3 
 no conviction shall work corrup- 
 tion of blood, • 3 
 
 • no ex post facto law, etc., eligibili- 
 
 ty to office, estates of suicides,. 4 
 right of petition — to bear arms, . . 4 
 no standing army, no soldiers to 
 
 be quartered, • 4 
 
 no hereditary emoluments, etc.,.. 4 
 emigration act to be prohibited, . , 4 
 trial by jury, prosecuting or do- 
 fending suits, 4 
 
 tenure of office, these powers ex- 
 cepted out of the general pow- 
 ers of the government, distribu- 
 tion of powers, 4 
 
 one department to infringe the 
 powers of another, legislative 
 
 department, 5 
 
 qualified electors, 5 
 
 electors free from arrest, 5 
 
 first election by ballot, others reg- 
 ulated by law, ^ 5 
 
 legislative how vested and style of 
 
 laws, 6 
 
 members of, how chosen, when 
 chosen, qualifications, elections 
 
 where held, 6 
 
 cities, <fec, when entitled to sepa- 
 rate representation, 6 
 
 enumeration and apportionment,. 7 
 the number of representatives, etc., 7 
 
INDEX. gl 
 
 CONSTITUTION—senators, how apportioned, sena- 
 tors how chosen when two or 
 more counties, senators 1 qualifi- 
 cations, 7 
 
 officers of senate and house of rep- 
 resentatives, 8 
 
 quorum, power to send for absen- 
 tees, ,.....: 8 
 
 power to expel, make rules, <fcc, . . 8 
 
 journals and right to call yeas and 
 nays by three members 8 
 
 vacancies in either house how 
 filled, 8 
 
 .senators and representatives free 
 of arrest, 8 
 
 power to punish persons not mem- 
 bers, etc., ■ 9 
 
 doors of each house to be kept 
 open, except, &c 9 
 
 adjournment, bills how originated, 
 etc., 9 
 
 compensation of members, 9 
 
 eligibility ol members to offices 
 created, 9 
 
 officers of this State and Confed- 
 erate States not eligible, 10 
 
 defaulters not eligible, 10 
 
 first election for senators and rep- 
 resentative^, seat of govern- 
 ment, 10 
 
 residence of public officers, 10 
 
 judicial department, power where 
 vested, 10 
 
 High Court of Errors and Ap- 
 peals how elected, term of office, 
 jurisdiction, 11 
 
 vacancies how filled, qualification 
 of judges, court, where held, ... 11 
 
 first election terms fixed by lot, . . 11 
 
 where judges disqualified to try, 
 and others appointed in such 
 case, 11 
 
 salaries of judges of high court, . 12 
 
 circuit court judge how elected, 
 tcna ? ©tCt, ....MiMMifMtM 12 
 
82 INDEX. 
 
 CONSTITUTION— qualifications, circuits, jurisdic- 
 tion, 12 
 
 courts where and how often held,. 12 
 judges to interchange circuits, 
 
 compensation, 12 
 
 chancery court, jurisdiction, style 
 
 of process, etc., 12 
 
 court of probates, jurisdiction. 
 
 how elected, ....'..'. 13 
 
 clerks of courts, how appointed,. 13 
 board of police, jurisdiction,clerks, 13 
 qualifications of members of po- 
 lice, vacancies 13 
 
 conservators of the peace, 13 
 
 justices, constables, manner of elec- 
 tion, tenure of office, etc., 13 
 
 power of legislature over inferior 
 
 courts, 14 
 
 attorney-general, contested elec 
 
 tions, • 14 
 
 removal o£ judges, officers indicta- 
 ble, 14 
 
 executive, term of office, how 
 
 elected, 14 
 
 in case of tie, contested election, . 15 
 
 commander-in.chief, 15 
 
 may require information of officers, 1 5 
 may convene and adjourn legisla- 
 ture, 15 
 
 governor to give information to 
 
 legislature, 16 
 
 see laws executed, pardon offences, 
 
 etc., 16 
 
 commissiom how issued, seal of 
 
 State, 16 
 
 vacancies how filled, 16 
 
 secretary of state how chosen,. . . 16 
 governor to sign bills or return 
 
 with objection, 16 
 
 bills returned how disposed of . . . IT 
 what action of the legislature to 
 
 be approved by the governor, . . 17 
 when office of governor vacant 
 !*rho to act, further provisions 
 for same IT 
 
INDEX. P* 
 
 CONSTITUTION— compensation of acting governor, 17 
 
 county officers, 18 
 
 treasurer and auditor how chosen, 18 
 militia officers, how elected, power 
 
 of governor over, ........... 18 
 
 impeachment, extent of, who liable 
 
 to, 18 
 
 general provisions, oath of office,. 19 
 legislature pass laws to prevent 
 
 duelling, . . , 19 
 
 treason, conviction for, how had, . 1 9 
 
 bribery at elections punishable, ... 19 
 * convicts for bribery to be excluded 
 
 from office, 19 
 
 free suffrage how maintained, 20 
 
 atheist not to hold office, 20 
 
 laws when to take effect, 20 
 
 money, how drawn from the 
 
 treasury, > 20 
 
 how appropriated to internal im- 
 provement, 20 
 
 state loans how effected, 20 
 
 legislature to authorize State to be 
 
 sued, 21 
 
 citizenship, absence from State, . . 21 
 deductions from salaries of offi- 
 cers, etc., 21 
 
 who disqualified from office, 21 
 
 schools and education, • . 21 
 
 divorces, how obtained, 21 
 
 election returns, new counties, ... 21 
 
 Indians admitted to citizenship,. . 21 
 
 emancipation, • • 22 
 
 emigrants may bring slaves with 
 
 .them, 22 
 
 slaves convicted of crime not to 
 
 be imported, 22 
 
 laws may be passed for the treat- 
 ment of slaves, • 22 
 
 laws may regulate introduction of 
 
 slaves, • • • 22 
 
 certain crimes in slaves how tried, 22 
 constitution how revised, amend- 
 ed, eto., 23 
 
 sohedule, tights vested,, 28 
 
84 INDEX. 
 
 CONSTITUTION— suits in law and equity, how trans- 
 ferred, 23 
 
 laws in force, 23 
 
 first election under this constitu- 
 tion, 23 
 
 how long officers first elected to 
 office, 24 
 
 AMENDMENTS. 
 
 regulating, the introduction of 
 
 slaves, 24 
 
 board of police, how constituted,. 24 
 
 powers of board of police, 25 
 
 chancery jurisdiction, its powers 
 
 transferred, 25 
 
 extention of term of office, 25 
 
 additional bond required, 27 
 
 time of holding general election,. 26 
 in relation to terms of office of 
 
 members of the legislature, .... 26 
 amendments by the State Conven- 
 tion, 27 
 
 ordinance to amend, 29 
 
 GEOLOGICAL SURVEY— an act to suspend the ap- 
 propriation for the Geological Survey of 
 
 this State during the war, 72 
 
 INCORPORATION— an act to repeal the act incor- 
 porating the town of Ocean Springs, 51 
 
 an act supplementary to an act entitled "An 
 act to amend the Charter of Incorporation 
 of the Hazlehurst Male and Female Insti- 
 tute," 51 
 
 an act to incorporate the De Soto Bridge 
 
 Company, and for other purposes, 52 
 
 an act to amend an act entitled "An act to 
 incorporate the Carroll County Manufac- 
 turing Company," 53 
 
 an act to amend the Charter of the City of 
 
 Jackson, 55 
 
 an act supplemental to "An act to amend the 
 
 Charter of the City of Jackson, 71 
 
 an act to incorporate the Marshall County 
 
 Manufacturing Company, 61 
 
 an act to define the boundaries of the town of 
 Rodney, &9 
 
INDEX. 85 
 
 LAND PATENTS — an act to authorize the issuance 
 
 of Patents for Lands in certain cases, 59 
 
 LEVEE — an act to amend an act to aid in repairing 
 and perfecting the Levee of the Mississippi 
 River in De Soto, Tunica. Coahoma, .Boli- 
 var, Washington, and Issaquena *WSfe"" . »»0 
 
 an act to suspend the collection of the ten cent . 
 
 Levee tax in certain coun ties, 68 
 
 LIQUORS — an act to prohibit the sale of vinous and 
 
 intoxicating liquors in the town of Sarepta, . 40 
 an act to prohibit the sale of intoxicating li- 
 quors in any quantity in'Beat No. 17, in the 
 county of Tippah, and for otfrer purposes,. . 56 
 an act to amend an act to regulate the sale of 
 vinous and spirituous liquors contained in 
 
 Chapter 20 of the Revised Code, 66 
 
 MEMORIAL— to the Congress of the Confederate 
 
 States 34 
 
 MILITARY EXEMPTIONS— an act to exempt from 
 Military duty certain citizens of Harrison 
 
 county during the present war, 42 
 
 MILITARY SYSTEM— an act to amend an ordinance 
 to regulate the Military System of the State 
 
 of Mississippi. 46 
 
 PROBATE COURT— an act to change the time of 
 holding the Probate Court of Smith coun- . 
 
 ty, ...V 48 
 
 an act to change the time of holding the 
 
 Probate Court of Wayne county 44 
 
 RAILROAD TAX — an act to suspend the collection 
 of the Gulf and Ship Island Railroad tax, and 
 
 for other purposes, 36 
 
 RELIEF— an act for the relief of Charles Toney of 
 
 Neshoba county, and for other purposes, . . 37 
 
 of the Sureties of John M. Girault. '. 44 
 
 of Joel R, Baugh , . . . 46 
 
 of J. C. Murray and J. W. Doak, 47 
 
 of Fanning Jones, 49 
 
 of Benjamin P. Herndfcm 50 
 
 of Frederick Brougher. 50 
 
 of William H. Rogers,, - 56 
 
 of Evelina M. Hanmieftt, 5£ 
 
 of James H..BoN*mian> . . 54 
 
86 INDEX. 
 
 RESOLUTION— to publish an ordinance, 29 
 
 requesting our Representatives in CoDgress to 
 
 secure payment of mail contractors, 36 
 
 authorizing Col. French to make test of im* 
 
 proved cannon ball, 37 
 
 instructing Board of Trustees relative to 
 
 University, 36 
 
 granting leave of absence to Sam'l M. Meek, . . 38 
 
 RUNAWAY SLAVES— an act to control the funds 
 arising from the sale of runaway slaves in 
 Hinds county, 43 
 
 SCHOOL COMMISSIONERS— an act to change the 
 time of Election of School Commissioners 
 in Green county, 47 
 
 SLAVES — an act to punish tampering with Slaves, 
 and otherwise amend the Criminal laws of 
 this State, 67 
 
 SLAVES, FREE NEGROES, MULATTOES— an act 
 to amend an act entitled "An act in rela- 
 tion to Slaves, Free Negroes, and Mulat- 
 toes," 55 
 
 STATUTE LAWS— an act to make the Statute Laws 
 of the State applicable to the Confederate 
 States, * 41 
 
 TREASURY NOTES— an act to authorize Sheriffs, 
 Tax Collectors, and State Treasurer, to re- 
 ceive the Treasury Notes of the Confederate 
 States of America in payment of taxes and 
 other dues, 39 
 
 TRUST FUNDS— to authorize the investment of.. . . . 38 
 
 UNITED STATES COURTS— an act to provide for 
 the custody and preservation of the records 
 and Judicial proceedings of the Circuit and 
 District Courts of the United States in this 
 State, 43 
 
 VOLUNTEERS— an act to enable Volunteer Com- 
 panies, in the service of the Confederate 
 States, to draw the amount due them under 
 the 13th section of an act approved Feb. 10, 
 I860, entitled "An act further to regulate 
 the Militia and Volunteer System," .,;!,.. 73 
 
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