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MISSISSIPPI. Constitution adopted, 1832.—Square Miles, 47,151.- Population in 1850, 600,000.
Exemptions. THERE is exempted in this state from levy and sale on execution, the agricultural implements of a farmer necessary for one male laborer; the tools of a mechanic necessary for carrying on his trade; the books of a student necessary for the completion of his edu. cation; the wearing apparel of each and every person; one bed and bedding; one plough-horse, provided the value thereof do not exceed one hundred dollars ; and one cow and calf of every housekeeper, and the arms and accoutrements of each person of the enrolled militia of the state.
Goods on leasehold premises are not liable to execution until the rent in arrear, not to exceed one year, is tendered.
Mechanics' Lien. Mechanics have a lien on buildings for their labor done and materials furnished, provided the contract be reduced to writing and signed by the parties thereto, and recorded in the clerk's office of the cuurt of probates of the county where such building is situate: or if there be no contract, that each person possessing a lien commence a suit within six months after the date of said written contract, or the commencement of said building, provided that the contractor or mechanic perform his work according to contract.
Chattel Mortgages. MORTGAGES of chattels must be acknowledged and recorded in the court of the county where the property is situate; and if removed to another county, must be recorded in that county within twelve months after such removal.
Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate ; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged there. with, or some other person by him or her thereunto lawfully authorized.
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Limitation of Actions.
REAL and mixed actions must be brought within twenty years after the cause of action accrues.
All actions of trespass quare clausum fregit, of trespass, detinue, trover, and replevin, for taking away goods and chattels; all actions of debt founded upon any lending or contract without specialty, or for arrearages of rent due on a parol demise; all actions of account and upon the case, except actions for slander and such as concern the trade of merchandise between merchant and merchant, their factors and agents, must be commenced and sued within six years next after the cause of action has accrued.
Minors, femme coverts, and persons non-compos-mentis, at the time any cause of action may accrue, shall have the period of the limitation to institute suit, after the removal of their dieability.
The time during which any person liable to a cause of action may be out of the state, is not reckoned a part of the limitation.
All actions founded upon any contract for goods, wares, or merchandise, sold and delivered, or for any article charged in any store account, must be commenced and prosecuted within two years after the accruing of such cause of action.
Every action of debt or covenant, for rent or arrearages of rent, founded upon any lease under seal, and every action of debt on a bill, obligation, and award, for the payment of money, must be commenced and sued within sixteen years next after the cause of action has accrued.
Judgments of any court of record may be revived by scire facias, or action of debt thereon, at any period within twenty years from the date of the judgment.
Collection of Debts.
ATTACHMENT.-If any creditor shall make complaint, on oath or affirmation, to any judge of the supreme court, or justice of the peace of any county, that his debtor has removed or is removing out of the state, or so absconds or privily conceals himself that process can not be served on him, and state the amount of his demand, an attachment shall be granted,
A bond must be given by the plaintiff to secure the payment of costs and dam. ages that the defendant may recover against him. Arrest for debt is abolished.
Deeds. It is necessary, to the due execution of a deed, that a SEAL be used, and that it be attested by two subscribing witnesses.
A deed must be acknowledged by the party or parties who shall have executed it, or proved by one or more of the subscribing witnesses, that such party or parties signed, sealed, and delivered the same, as his, her, or their voluntary act and deed, before a judge of the supreme court of this state, or a justice of the county court, justice of the peace, and notaries public, of that county in wbich the lands or some part thereof are situate, and a certificate of such acknowledgment written upon or under the said deed, and signed by the officer before whom it was made, and recorded with the clerk of the county court where the land is situate.
A married woman must acknowledge, on a private examination, apart from her husband, that she signed, sealed, and delivered the same, as her voluntary act and deed, freely, without any fear, threats, or compulsion, of her husband; and a certificate thereof must be written on or under the deed.
In other parts of the Union, acknowledgment must be made before and certified by the chief justice of the United States, or an associate justice of the sapreme court of the United States, or a district judge of the same, or any judge or justice of the supreme or superior court of any state or territory in the Union.
In a foreign country, they may be acknowledged before any court of law, mayor or other chief magistrate of any city, borough, or corporation, of the said foreign country, certified as such acts are usually, and authenticated by him or them.
Form of Acknowledgment. State of Mississippi,
, } Personally appeared before me, John Jones, judge of the supreme court, the above-named John Doe, who acknowledged that he signed, sealed, and delivsred the foregoing deed, on the day and year therein mentioned, as bis volantary act and deed.
Given under my hand and seal, this tenth day of December, A. D. one thousand eight hundred and fifty.
(Seal.) JOHN JONES, Judge of the Supreme Court.
Rights of Married Women. A MARRIED woman may become seized or possessed of property, real or perBonal, by direct bequest, gift, or purchase, or distribution, in her own name, and as of her own property, provided the same does not come from her husband after marriage.
The slaves owned before marriage, and their natural increase, continue her separate property, exempt from any liability for the debts or contracts of her husband; also those she may acquire by conveyance, gift, inheritance, distribution, or otherwise, after marriage, and their natural increase.
Dower. The widow is entitled for life to one third of all the lands, tenements, and hereditaments, of which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished her right of dower as provided for by law.
Rate of Interest. The rate of interest is eight per cent for the bona fide use of money; six per cent. upon other contracts. The penalty for usury is the loss of the entire in.
Wills should be in writing, subscribed by the testator, and attested by three credible witnesses. If the will is wholly written by the testator, and subscribed by him, it need not be attested by any witness.