Lapas attēli

two, incorporating the trustees of academies; two incorporating masonic lodges ; several, incorporating towns; two acts providing for the erection of bridges ; one, authorizing the establishment of a ferry; an act authorizing the drawing of a lottery for the construction of a road.

Among the resolutions, we observe a report of the judiciary committee accompanied by resolutions concurring with the legislature of Indiana, in the opinion expressed by that body in a joint resolution, in relation to the right of that state to the unappropriated lands within her boundaries. It is resolved that Mississippi 'has the exclusive right to the soil and domain' of all the unappropriated lands within her boundaries; “which right was reserved to her by Georgia in the articles of agreement and cession, between Georgia and the United States, and confirmed by the constitution of the United States.' The senators of Mississippi in Congress are instructed and the representatives are requested to use every exertion 'to induce the United States to acknowledge this vested right of the state, and place her upon an equal footing with the original states in every respect whatever, as well in fact, as in name.' The Governor is requested to transmit copies of this report and of the resolutions, to the Governors of Ohio, Indiana, Illinois, Missouri, Louisiana, Alabama and Georgia, with a request that the same may be laid before the Legislatures of their respective states.

A resolution, that the Legislature do not deem it expedient to adopt the amendment to the Constitution of the United States, proposed by the Legislature of Missouri, in January 23, 1829.

A resolution, concurring with the states of South Carolina, Georgia and Virginia, in the opinion expressed by them on the subjects of the Tariff, the Colonization Society, and Internal Improvement.

A resolution acknowledging the receipt of one hundred family prayer books, presented by a person unknown, to be distributed to the officers of the Government and members of the Legislature.

A resolution, authorizing the Governor to procure at the expense of the state, a copy of the present militia law,' together with a copy of Jefferson's memoirs, splendidly bound with appropriate devices, and to present them to the Chancellor of the state, accompanied by a written expression of gratitude for his services in revising the militia laws of the state.'

Several resolutions, that the bonds of matrimony between certain persons be dissolved.

At the session of the Legislature of Mississippi begun on November 15, 1830, eighty-eight acts were passed, and eighteen resolutions were adopted.

Ch. 20.- Venue. The circuit or criminal court, or any judge thereof, in vacation, are authorized to 'change the venue in criminal cases to any adjoining county, on a sufficient showing being made by the prisoner on oath, supported by the testimony of one or more credible witnesses, that he cannot have a fair trial in the county where the offence is charged to have been committed.'

Ch. 22.- Wharfage. No city, town, &c., shall levy any wharfage upon the owner, &c., of any steamboat, &c., on the Mississippi, unless such city, town, &c., shall have erected a sufficient wharf, and such steamboat shall make use of such wharf.

Ch. 37.-Convention. This act relates to the calling of a convention for the purpose of revising or changing the constitution of the state, and prescribes the mode of 'taking the sense of the people whether they desire a convention or not.'

Ch. 48.-Jury. No judge 'before whom any issue of fact may be tried by a jury, shall sum up or comment on the evidence properly and legally before the jury;' nor shall any judge charge the jury 'on points or principles of law applicable to the case before them, unless the parties or the counsel differ in opinion as to the same, or unless one of the parties shall ask the charge of such judge upon some point of law pertinent to the issue, which shall be distinctly specified by the person asking such charge. In all cases where the oath or affirmation of the party is required in order to the taking any step in the institution, prosecution or defence of a suit,' the oath or affirmation of the agent or attorney of such party shall have the same effect as that of the party himself.

s. 8.

Ch. 51.-Guardians. The county and probate court shall, on the application of any guardian, make an order authorizing him to remove the person and property of his ward out of the state, on his making a final settlement with the court,' proving that he has obtained letters of guardianship in the state to which he is about to remove, and entering into bonds agreeably to the laws of such state.

Ch. 56.-Watercourses, &c. When any number of persons, not less than twenty, shall associate themselves together for the purpose of improving the navigation of any rivers, &c.,'conimissioners are to be elected to superintend the improvements; the commissioners are to organize a company, which is vested with the powers of corporate bodies; the company is authorized to direct the appropriation of all moneys received for the purpose


of improving the navigation of such rivers, is to be accountable to donors for a correct application of all funds received from them, and is to make a report to the Governor annually of the situation of the rivers, &c., under their charge, and of the improvements made on them, &c.

Ch. 62.- Militia. The militia are to parade by companies twice a year, and by battalions once a year.

Ch. 68.-Seditious Pamphlets, &c. If any white person shall be engaged in printing, writing, or circulating 'any book, pamphlet, &c., containing any sentiment, doctrine, advice, or innuendo, calculated to produce a disorderly, dangerous, or rebellious disaffection among the colored population of the state,' he shall be subject to be imprisoned for not more than twelve months nor less than three months, and to be fined not more than $1000 nor less than $100. If any slave or free person of color shall be so engaged, he shall suffer death. No person of color shall be employed in the setting of types, under penalty of forfeiting $10

every such person so employed on any day or part of a day.' If any person of color shall ‘ keep a house of entertainment or vend any goods, wares, or merchandise, or spirituous liquors,' he shall be liable to receive not less than 20, nor more than 50 lashes, for each offence.

Ch. 14.Literary Fund. The act passed at the last session to revive the Literary Fund Law, (Ch. 31) is repealed.

We also notice four acts incorporating churches; three, incorporating towns; two acts authorizing the erection of bridges ; an act to incorporate the ‘ Brandon Library Society;' two acts incorporating the trustees of academies; an act' to incorporate the board of trustees of the institution of learning under the care of the Mississippi Presbytery,' authorizing the board to confer such degrees as are usually given by colleges in the United States; an act granting $300 to the Orphan Asylum in Natchez; and an act making appropriations to two deaf and dumb persons.

Among the resolutions are the following: A resolution authorizing the governor to employ some person to ascertain at what point on the Mississippi River the 35th degree of north latitude crosses the same,' preparatory to establishing the boundary line between Mississippi and Tennessee.

Two resolutions repealing a former resolution remonstrating against the introduction of a branch of the United States Bank into Mississippi, and requesting the president and directors of that bank to establish a branch within the state.



Acts passed at the session of the General Assembly of Missouri which was begun at the City of Jefferson, November 15, 1830.

Ch. 4.-Appropriations. This act appropriates the following sums for defraying a portion of the expenses of government for the years 1831and 1832:- pay of the General Assembly, $21,921; salaries of the civil officers of government, $28,651 ; general contingent fund, $ 14,390; expenses of collecting revenue, $11,503 ; pay of militia officers, $1,775; public printing, $ 2,515; publishing decisions of the Supreme Court, $3,000.

Ch. 6.—Assaults foc. Assaults, riots, &c. are declared not to be indictable; such offences are to be prosecuted before justices of the peace, and to be punished “in a summary mode.' But this act is not to extend to assaults with an intent to maim, wound, ravish, rob or kill; 'nor shall it embrace the offences of shooting at, or stabbing.' s. 1. The act of 1825, giving justices of the peace jurisdiction in cases of breaches of the peace, is revived ; hereafter, when the jury under the act hereby revived, find the defendant guilty, they shall assess a fine upon him of not less than one dollar ; but when the defendant pleads guilty, the jury may be dispensed with, at his request, and the justice shall assess the fine. s. 2. ' Be it further enacted that words, or menacing actions, or attitudes, may justify an assault; and that all tribunals, &c. shall judge of and determine whether said words, or menacing actions, or attitudes, do justify an assault.' s. 3.

Ch. 8.—Attorneys and Counsellors. Any person is to be allowed to practise as an attorney or counsellor at law, &c. who shall obtain a license for that purpose from the Supreme Court in term time, or either judge thereof in vacation; and when any person shall apply to either of the judges in vacation for such license, the judge is to examine him, and if he thinks the applicant is qualified to practise, to grant him a license, requiring the same evidence of his qualifications as was previously requisite, except that the applicant shall not be obliged to produce a certificate that he has studied law two years.

Ch. 25.-Crimes and Punishments. In prosecutions for crimes and misdemeanors, where, on conviction, the punishment is at the discretion of the court, the jury are to 'assess the punishment,' except in those cases where the persons charged shall at their discretion dispense with a jury trial. The court shall not, on the trial of any indictment, comment upon the evidence, unless by the request of both parties; but they may instruct the jury as to the law. In cases where the jury disagree as to



the amount of punishment, the judge is to assess the punishment.

Ch. 26. Where any person is convicted of an offence punishable by fine, and is in custody for non-payment thereof, the court, in term time, or a judge, in vacation, may, upon the petition of the convict, commute the punishment for a specified term of imprisonment.

Ch. 43.—State Library. The sum of $ 150 annually is appropriated for the purchase of books for the State Library.

Ch. 22.-County Court Justices. , Justices of the county courts are hereafter to be elected by the electors in the several counties, and to hold their offices for four years, unless sooner removed for misbehavior in office; when any vacancy shall occur, the remaining justices 'shall nominate some householder in the county to the governor, to fill such vacancy' until the next election.

Ch. 31.-Evidence. Copies of the laws of the different states of the Union, contained in their printed statute-books, are to be made out and authenticated by the secretary of state when required; such copies are to be admitted as evidence in the several courts of the state. When by the ordinances or customs of any religious society, a register is required to be kept of marriages, births, baptisms, deaths, &c., such register or a certified copy of it is also to be evidence.

If any person make a false registry or false certificate of a copy, he is subject to be punished by fine or imprisonment, or both, at the discretion of the court.

Ch. 49.-Postage. All officers, who are authorized to send and receive official letters, &c. by mail, at the expense of the state, are required to record such as are sent, and file all such as are received ; 'the governor shall frank at the expense of the state, no letters, &c. sent to the executive of another state, unless the laws of such state provide for franking letters, &c. coming from the executive thereof to the executive of this state.'

Ch. 28.-Slaves. The owner of any slave is not to be liable for any injury done by such slave, beyond the value of the slave.

Ch. 70.-Any person carrying any slave or other personal property out of the state, not having the absolute title, shall forfeit all his right thereto, unless such person intend to return therewith immediately, or has the consent of the person entitled in remainder or reversion.

Ch. 46.-— Militia. This is an act for the purpose of organizing and disciplining the militia. After arranging the militia in divisions and brigades, it provides that there shall be no 'other

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