Laws of the state of Mississippi, passed at a called session of the Mississippi legislature held in Macon, August, 1864 online

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Rare Books









M ^ C O IsT ,
AUaUST, 1864:









V.X ACT to authorize the Governor cf the State to
extend the time allowed the Con] mission ers a[ pointed
ro exnmine the several Military funds, the vouchers-
books and accounts of the Quartermaster General,
and Ordnance Department, and Executive Depart-
ment, and for other purposes.

Section 1. Be it enacted hj ike Legidatare
of the Siaic of Mississippi, That the Governor
be, and he 13 hereby authorized to extend Time for inves
the time allowed . said Commissioners, pro- *J.^*'''" extend
vided said Commissioners shall not be abl^
to coiamete their investio^ation "svithin the
time allowed by the act approved April 5th,
1864, to such time as the Governor shall think
necessary to enable said Commissioners to
complete the same.

Sec. 2. Be it farther enacted, That said ^ . .
Commissioners shall have lull power and au- to send forper-
thority to send for persons and papers and to ^^"« =^^^' p»p*"'
take affidavits, and to administer oaths neces-
sary and proper to the performance of their

Sec. 3. Bt it farther enacted, That wlicj)
^ny paper, receipt or voucher, which may


Lave been filed in the proper department,
Hball have been destroyed, lost or mislaid, so
tliat tlie same cannot be found, the said Com-
Mayf^btain any missloners mavobtain Irom any one holding
ai'papa'i.''''"'''' tliC same, any duplicate original paper, receipt
or voucher, that may exist, and use the same
in lieu of the one so destroyed, lost or mis-
laid, and the said Commissioners. are hereby
authorized to give a receipt or certified copy
for the same, which shall be as valid and bind-
ing^to all intents and purposes as tlic original.
8*EC. 4. Be it juvti'Xr e'/uicied, That th!s act
be in Ibrcc from and atter its passage.
Approved, August 10, 1864.


A BILL to be entiilecl "an act to amend an act enti-
tled an act to provide for the speedy recovery of
pecsor.al property wrongfully taken or detained/'
approved December 3d, 18G3.

Section 1. Be it enacted hy the Lef/lslaiiire of
the State of Mississij)}):, That so much of the
1st Section of said act, as provides that the
"proceeding shall be brought within six
months next after the plaintiff's right of ac-
tion has accrued and not after," be, and the
same is hereby repealed.

Sec. 2. Be it furiher enacted. That hereaf-
ter all proceedings under the provisions of the
act to which this is an amendment, shall be
brou^i-t'^^s ^^ brought within twelve months alter the plaiu-
tweivenontha. tjff' g^nglit of actloD. has accrucd, and not

Sec. 3. Be it further enacted, That no ap-
J ^ peal taken under the provisi^s of the eigh-
aJt^Is svvcTst teentli section of the act to wliich this is a.u
*^^**^' amendment, shall operate as a supersedeas, pro-

vided the Appelico, in case the property is in
his possession, or shall be delivered to him in
pursuance of the judgment, shall enter into


bondv;itli seciirityv ;t9 bo, ^ fipp roved by i^c^d
]ustices or one of tlieiii, payable to the iippe.l-
laiit, in double the...vajue of the property In
oontroverev, as assessed by the jury, condi-
tioned to have sucu- ],>roperty .ibrthcoming; to j;,i;^%^_
abide the judgment oi the Circuit) Com% to .Lvut af circuit
whieh the appeal is taken, and" t6;: pay suah '-•^^'■*
dama2:es asinay be'd^Yai^.cd' agTaust' hini on
the tnal of said appeal, ami thav,this act sbail
take effect from its passage.
Approved, August 11, 1864.



\N ACT to rop'^nl bo much of Article 2, of the ;-2d
chapter oi; the UGvise'l Code-, as relates to Kangers
advertising in the nearest newspapers, and for other
purposes. .

Section 1. BciteMctcd'hi/theLcffisIaiureof
fhc State of llississippi, That so much of Arti-
cle 2, of tile 3:XXII cliapter of the Revised
Code: a-srecpiires"' Rangers, to advertise in the ^J-f-,-^.
Tio-n-est newsr)ai')ers, be, and the same is, here- venis.; luuews-
bv repealed.

^ Sec. 2. , Be it fur/her cnoxud, That hereaf-
ter it shall be the duty ot County Rangers,
when the appraisment exceeds twenty dollars,
to advertise by posting notices in' three public
places in his county, one of which shall be at
the Com t-Honse door of the county.

Sec. 3. Beiifurikir- aui^cifd, That this act
^hall take effect aiidbe in force from its pas-
sa^-e, and remain in force, iif^til one year after
the present war.

Approved, August 11, 1S04.



AN ACT to amend an act to authorize and require the
Governor to cause to be prepared and printed, a suffi-
cient amount of Bonds, bearing eight per cent, inter-
est, for the purpose of calling in and taking up the
notes issued by law for Military defence of this State,
approved December 5th, 18G3.

Section 1. Be it enacted hyihc Lcgislatare of
Bonds to be ^■^^^' ^^^^^^ of Mississipph That the bonds issued
igfled by the ^^i redemption of the Treasiiry notes of this

Tovprnor, and -ini • ti -• /■•^ i

onatcrsgned by Statc, shall DO Signed Dj tiiQ Cjrovemor ana
Lmi AudHor'^'^ countersigned by the Treasurer and Auditor,
as contemplated by the original act entitled
'•an act authorizinc: the issuance of Treasury
notes on behalf of this State," approved Jan-
uary 29th, 1862.

Sec. 2. Beit further enadcd^ That if any

])onds have heretofore been issued, it shall l;o
■r. A ^ . the privile.2:e of the holder to present the same

Bcir.dfi hereto- ■ ^i o ^ i t i

fare issued to be to tne Govcmor lor his signature, and tiu'
Governo?.^ ^^"^ sauic sliall bc as binding and valid when so
signed by the Governor as if they had been
signed before they wore issued.

Sec. 3. Be it further enciciecl, That this act
shall take effect and be in torce from aiid after
its passage.

Approved, August 9, 1864.


iiN ACT to amend ai^ act entitled an act to authorizf^
and require the Governor to cause to be prepared
and printed, a sufficient amount of bonds bearing
eight per cent, interest, for the purpose of calling in
and taking up the Treasury notes issued by law for
military de^3nce of this State, apf>roved Decemb't-r
5, 1863.

Section 1. Be it enacted by the Le^jislature of
he Slate of Mississijyjn, That" the form cf the


Bonds prescribed in the first Section of the
rvbove recited act, be changed by substituting
the word *'(^ate" instead of the word daij^
^A'hercver it occurs in the said form, and that
rliis act take effect from its passage.
Approved, August 12, 18G4.

AN ACT to authorize tho Boards of Polico to dispose
of certain trust funds and for other purposes.

.Section 1. Be it enacted by the Legtslaluri:
rf the SlaU of Mississippi, That the Boards of iiee""trhoJirM^i
Pohce of the various counties in this Stale be, to convert ceni-
nrid they arc hcreb^s authorized to convert the of < tn

'-•ertificates^ or bonds of the Confederate States to ,, i;*'

held l)y them on account of the Mihtary Rehef ^^^.^J//"^ '''•"
P\ind, into money, and distribute tlie same
.'Kmonost the destitute famihcs of soldiers in
I heir resppctive counties according to the mode
:iow estabhshed by law.

vSec. 2. Be it further cr,actcd, That the Pres- Prr,ider/ of
•.dents of the Board of Pohce be, and they are ^^^^^ .v^thorir-

, , . , ,. . . • , . ea to tr.-v- iftr or

hereby, authorized to transter -or assign m their a<!?ic;n Bonrf? cr
ctHciai character, any certificates or bonds
which may be sold or dispo^d of under the
provisions of this act to the purchaser or pur-
v'fjasers thereof, and that this act take effjc^
from and after its passage.
Approved August 10, 1SG4.


AN, ACT to providft for the publication of an on^i
therein named.

Whereas, An a^^t entitled " An act to au-
thorize County Treasurers and other county offi-
<?;er,s, and other persons holding Confederate


Treasury notes in a fiduciary capacity to dis-
pose of tliem under the recent legislation of
Congress, and for other purposes," was passed
by both branches of the Legislature of Missis-
sippi, at the called session thereof in March,
1S64, and was approved by the Governor of said
State, April 5th, 1S64 ; And whereas, the act
at'oresaid, was not published with the laws
aforesaid, at'said called scosior., as required by
law, Therefore —

Section 1. Be it cnac/cd by the Ltijyulaturc of
the State of Mississip])i, That the Secretary of
State be, and he is hereb}' authorized, and re-
quired to cause the act aforesaid, to be pub-
lished with the laws passed at the present
session of the Legislature, and that this act shall
take effect and be in force from and after its pas-


Approved August 12, 1SG4.


AN ACT to authorize the County Treasurers and other
County officers and other persons holding Confed-
erate Treasury notes in a fiduciary capacity, to dis-
pose of the same under the recent legislation oi' Con-
gress and for other purposes.

Section 1. Be it enacted hij the Lcgishumre of
(jauaty ofiice:.., '^^^^^ Statc of Mlssissij^jn, That in all cases where

>jxecuioi-.,(>Ti&.r (^-ounty officers. Executors, Guardians, Admin-
duns. Aaiaiai.!- . J ' '^ ' , ' ^

traior.s. aad oth- igtrators uud Other persons holdino^ Confederate-
fumieoi moacy TiCasury uotcs ID a fiduciary capacity, liave
'rnduciarTcia?- iuuded the biUs so held by them in tour per cent.
=!? to seu'to "I; honds or certificates, authorized by the recent
»'»'] ''^rtificate; ^qi q{ ConQTess, their action in the premises is

uador the orat-r , -9 i t n i i i n i

of tiie Br.ari of hereby ratmed and confarmed and the boards,
;>,.,,,-.!. M,nt;.> cA roiice ot the sevei'al counties oi tins btate,
are liereby authorized and required to order a
sale of such bonds or certificates in the hands of
county officers at the earliest practicable period,
and such Executors, Administrators. Guardiari>


and other person^ holding such bond^ or cerlifi-
catcs, are hereby rfnthorized to sell tlie srime for
the new issue of Confederate States notes.

Sec. 2. Be il furtjier enacted, ,T]iat, all such contty

county officers and other persons holding Con- ""i^mkun^v'on-
federate Treasury notes in a lidu'ciarv capacity, f'-'^^raioT c. sh-

1 '• . > I i"^ ' 1 1 11 ty notes \n n n-

finner the denorninatKni ol one hundred dollars, rttui.try cvorci-y
shall be authorized to excha-ige the saiiiofo;- the ilmn'-mation 'I
new issues to be issued under the recent legjs- h!r..'''S!'o'Ii7p'i
latiou of Congress, and shall be allowed "the ^^l^^oXr^^JV^
discount of tliirty-ihree and one third percent. ^""^ "^^ the di^

: , , (• 1 • count.

in ihe settlement 01 then' accounts.

Sec. 3. Be it further enacted. That in the whsttebcu-n^
event there shall remain in the hands of tlie J'^'^I) *a^tcs "^'"J.
County Tre;.isurcr any Confederate notes of the ^'*^^- ♦
denomination of one hundred dollars, the Boards
of Police are hereby directed to invest the same
in such Cbnfederate Bonds as they may deem
best, for the interest of tlie count}', tnid for that
purpose may-in T'heir discretion deposit said •
Confederate notes of the denomination of ont?
hundred dollars in the hands of the Treasurer
of the State, to be bv him t^schaniicd f^r six per
cent, bonds of the Confederate States, if the
Boai-d of Police of any county \n the State
may so desire, and the bonds so obtained shall
be delivered by the Treasurer of the Slate to the
Treasurer of any county upon the order of ihe
Board of Police-of •su'chcoiJntX'.

Sec. 4. Be it Jurthcr enacted. That all Guar-
dians, Executoi*?, Administrators and other
Trustees holding in their hands Confederate
Treasury notes of the denomination of one hun *
>dred dollars, aic iK'reby autliorized' to invest the
«jame in sucli Confederate Bonds as th(.'\- inav
deem best lor the interest of those whom liif'x
repre.sent in accordance with the. recent legisia-
:ir)n of the Confederate Congress.

Sec. '3. Be itjarthci- cnaded, That th,.^ ..'
take eliect and be in ibrce frt>iri and after its pa.s-

Api'roved April 5, ISGl.



AN ACT to amend an act entitled an act to aiitborize
County Treasurers and other County officers, and
other persons holding Confederate Treasury notes
in a fiduciary capacity, to dispose of them under the
recent legislation of Congress, and for other purpos<i^.

r.irors may . ,^e- • SeCTION 1. hc it CVactCd UJf tkc LcglsUltUTC OJ

Srate*'''" node's ^^'" Sl.atc of M\ssmip]ii, Tliiit the third section of
J^fion^witT^the ^^^'^ ahove recited act, be so amended, as to an-
State 'ircasnrer thorizc tlic parties.thereiii named, to dispose oi
«^faange for s,s Confederate States Treasury notes of any de-

rer e<^iit,. bond?, • ^- • ^i_ *" •■• l • • i

i>^ provided in nomuiation HI the manner prescnoeci m said sec-

Sec. 2. Be: it further evaded. That so much
ot" the first section of tiie act aforesaid ns require.'
tlic Boards of" PoUce of the several counties of
nirea to order ^i-^]^ State, » to order a sale of the bonds or cer-
tificates specified in said section, be, and tlic
same is hereby repeaJed.

Sec 3. Be it fur titer cnaetecJ, . That this act
shall take, effect and be in force from and after'
Its passage.

Approved August G, 1SG4.

Sift to which

this is ^a amend-

F.ofir ! rot r"


AN ACT to amend the act to authorise the collection
of taxes in the currency therein mentioned and for
other purposes, approved April 5lh, i8G4.

Section 1. Beit enacted by the Lcglskdure of

the State of Mississipj)!, That the old issue of

?p'^rcrTr4a'"i'or Confederate States^ Treasury notes, under the

f^xp.» of 1H32 denomination one hundred dollars, shall be

Slid lPfi3, at lb« ■ T • i X' X 1 c \\

.'i*:connt, until reccived m payment ot taxes due tot tao years
•iCov.i.x.h.iB'u. -|gg2 and 1863, at the discount of thirty- three •

and one third per cent until the 15th day of

Tax Collectors Novembcr, 1864, and that it shall be the duty

^■iM/T'eisX" ^^^' "^^"^^ Tax Collectors to pay the amount of

-V Dec. i5<ii', g.jch notes so received bv them into the State

-cGl. V



Treasury, on or before the 15t.liday of Decern -
her, 18G4. and that this act shall take eflect
from its passage. *

Approved, August 13th, 1864.


AN ACT to require Tax Collectors to collect taxrf^ of
l^^Go and 18G4, by tho tiasessment rolls of tlio liscol
year 1802.

Section 1. Be it cnnclcd h)/ the hrcri datum ni'
thr. Slate of Mlssissijq)!,, That the Tax Collojclors
of the counties in wiiicli no assessment for the
taxes of tlio fist^al yi-ajs 1SG3 and ISn], has
])eenor shall be made, shall have authoriiy, and
they are her?hy required to collect the faxes for tiJ^'^V-'^ii^rprvT
said iiscal years lSG-3{md 1SG4, acconh"n£( lo f '-r ^"p^'"
the a-^sessment rolls ol the iiscai year lo():2 ; chapter is.
Provided, Tiie Tax payers shall be entitled to
liic relief provided by an act for die relief of tux
' payors in certain cases and for otlicr purposes,
approved December 1st, 1SG3, and by an act of
the same title, approved April 4th, 1S64, and t»>
sucii otlier relief as may hereafter be provided
by law.

Sec 2. Br if. fur/her enacted. That in coun-
ties where no assessment rolls for the years 1S62
and lSG-3, have been returned to the Auditor's
office, the tax collectors thereof shall be controll-
jpd by the assessment rolls of the fiscal Vrar
llS()I, acr-ordiig to the provisions of this act.
■ Sec. S. Br it- /urtkcr cnadcd, That this aet
lake efibct and be in three frgm and after its pas-

Approved Aug;]>t 10, 1SG4.



AN ACT supplemental ^o an act entitled an act to re-
quire Tax Collectors to collect ta:ces of 18i>r> and 1864
by the assessment toILs of the fiscal year 1802, passed
aL the present session of the Legislature.

Section 1. Be it enacted In/ Ih c Lcf/islainre of ihc
State of 3Ilssi.ssi2')pi, That it ^ sliall be'Uie duty
of the Sheriff ancl Tax Collectors of the several
«f "e^'cSmiea coiiiitics h\ which no assGssruent has been
irt which no as- made for thc year 1863 and 18G4 to assess aud
i,ppn ii.ade for collcct thc tax HI accordaiicc Vr'ith tlie tax law
aiL^8''luf''cor- now in force, a'jd the taxes by them so as-.
Ut taxes aocor- Rggc^ed q|-i(]^ collccted, shall be returned to the

dmgtolaws now -, . , . i rr\

in force. Auditor s oiHce and paid into .the Ireasury ac-

cording to law. ''"' . '' ' '

Sec. 2. 'Be it further enacted; That the provis-
ions of an act entitled an act to require tax
collectors to collect taxes of 1863 and 1864 by
the assessment rolls of the iiscal year 1862,
passed by the House on the 8th and by the
. . , ^ Senate on the 10th Aui^'ust, 1864, so far as the-
;u:t to which this same coniiict with the provisions of this act,
'ilpiSd^nmii be and tlie same are hereby suspended until
Nuv. jst. isc'o. ^Y^e Ist day of November 18(35.

Sec. 3. 'Be it fxrther enacted. That this act
shall take effect and be in iorce from and after
its passage,

Arnjrov.ed, August 13, 1864.


AN ACT to relieve Tax Collectors in certain case.

Sectiox 1. Be k enacted by the Lcghlaiure of
ih^. SiiUc of Mississippi, That in all cases where
tlie Tax Collector uf any comity in this Stale
sliall have paid or may pay into the State Trea-
sury a larger amount ihan is sliown by his settle-
ment vrith thc Auditor oi l\iblic Accounts, to
have been due from said Collector, the Auditor


of Public Accounts isLereb}' authorizpu an J rc-
^juirod to clra\v his warrant on the State Trea-
surer iii favor of such person for the amount of
money so paid o\'er, specifying in said warrant
to be paid in Contederate States TrcT5sury notes,
at their value pre ious to the first of April, 1SG4 ;
except in the case of J. L. Mciylield, Tax Col-
lector of Tssaquena county, who over paid on
account of Taxes of ISGl, which shall be paid
in State money or new issue of Confederate
States notes. ,

Sec. ,2. Be it furihr.r enacted^ That this act
shall take ellcct and be in force from and after
its passage.

Approved August 11, ISG-l.

G(>Tcrnfr .iir


A2n act to authorize the Governor of the State of
Mississippi to exdiaiige tiic Treasury Notes and
Bonds of the Confederate States belonging to the
State, and for other purposes.

Section 1. Be it enacted bj/ ike Lcr/islature of
ihc Stat'c of Mississippi, That the Governor be, tborizcTto ex-
and he is hereby authorized and required to -Ldeme r.otes!
exchange the Confederate Treasury notes, ^l?e*^^Slai' fof
bonds and certificates that now belono: or may "^^^ '^'«*' ^""^

'-' ^ four \>PT cctii.

hereafter belong to this State for the new issne unmu
of Confederate States Treasury ISotes and
four per cent, coupon Bonds, as provided by
the act of Congress, approved February 17th,
1864, and the amendatory acts thereto, ap-
proved June 14th and 15th, 1864.

Sec. 2. JJc it farther enacted., That the Gcrv-
crnor be, and he is hereby authorized and re-
qtiired to sell and dispose of all the Bonds of sen 1^00°^'^ re"
the Confederate States which he may receive Jhrngl &n<i p'ro
in the exchange, provided for in the first sec- ^^5^.* *°^« *p-

p.i. -I'T 11 1 plied, to pxfit

tion oi tins act, or which may belong to the w«cf eratt.
State for the highest price he can obtain for
the same, and to this end he may exercise his


discretion in selecting the best time and plac<^
for said vsale, and the money so obtained shall
be used for the purpose of meeting the appro-
priatloLS heretofore made, or wliich may here-
after be made by the Legislature, and for the
further purpose of defraying the expenses of
the State in the present emergency.

Sec. 3. Be it further enacted, That the

Governor be, and he is hereby authorized to

employ such agents as he may think necessary

uovcraor may in the salc of the Bonds provided for in the

•r^s'ea Ss: Second Section of this act, and for their ser -

l^^'i'- ^■'^mpotsa- vicos, he Is hereby authorized to pay said agent

i'-i^'^one i>eT OY ageuts any amount of compensation not

^'''*' exceediDg one per cent upon the amount oi

sales inade by the agent, and he may require

from him or them bonds in such sums as he

may think proper.

Sec. 4. .Be it farther enacted, That this act
shall take eitect and- be in force from and after
its passage.

Appro'vcd, August 13, 1864.


AN ACT to provide for perfecting and preserving the
records of Mississippi troops.

Section 1. Be it enacted by the Legislature of
the State cf Mississippi, That the Governor of

(.iovi^rnor au- "^ .

^Loi-ised to ap- tho Stato bc, and he is hereby authorized and
t«r.deat of Ar- rcquucd to appomt a suitable person to be
myRecordri. I^nowu as Superintendent of Army Records of
the State of Mississippi, whose duties and com-
pensation shall be as hereinafter prescribed.

Sbc. 2. Be a further enacted, That the said

superintendent immediately after his appoint-

kej'roraii mS rnent, shall proceed at once to collect the names

vigsippi soldiers, gf all Mississipoians — Officers, non-commission-

designating the , ~, ^ i , . . -. . , ,

Company, bat- cd omcers, musicians and. privates, who have
ta^ion or regi \^^^^ ^^ ^^^ hereafter be, mustered 'into the


service of the Confederate States or of the Stat^
of Missississippi, and have them transcribed
into suitable books of record, desi^natins: the
compan}^ battalion or regunent to which each
belong, witfi his christian name and surname in
full, rank, age, nativity, place, date and term of
enlistment, in what actions engaged, time of ac-
tual service, and how such service terminated.

Sec. 3. Be it farther enacted. That the said Jc'ft^TobtS
Superintendent shall also obtain from the com- ''"^j stateuu-uis

1 , , . of dofceasetl sol-

rnandmg olncers of companies or regiments the 'I'ers.
iinal statements of deceased soldiers, and shall
lile the same in the office o^ the Second Auditor
of the Treasuiy of the Confederate States ; and
in case such deceased soldier shall ha,ve died
or have 1)ecii killed in bottle while serving in
tjie State troops of this State, or in the militia
thereof, under Confederate authorltj, he shall
obtain from the proper source the like state-
ment of his account, and torward the same to
llie party thereto entitled, without, in either
t'ase charging therefor.

Sec. 4. Be it further exacted. That the Su-
perintendent provided for in the first section
of this act, shall, for the duties by this actim- paypcrannu-n.
posed upon him, and for the faithful discharge ^^^^^,^ wifk*'''*
thereof, be entitled to the sum of twenty-five
hundred dollars per annum, while engaged in
the duties prescribed by this act, to be paid " *
(quarterly out of any money in the Treasury
not otherwise appropriated.

Sec. 5. Be it farther enacted^ That the ap-
pointment of the Superintendent herein before
provided, shall be evidenced by a commission
under the hand of the Governor, with the
great s'eal of the State thereto affixed, in which
said' Governor shall certify that the person
therein named has, in pursuance of law, been
appointed by him Superintendent of Army
Records for Mississippi troops.

Sec. 6. Be it further enacted^ That the said *,
Superintendent, upon^the authority of the BUnV/io'ti
Governor, sliallhave printed such blank forms Kimer^*"^ ^'''■'


as are iiccessa,rj to the proper discliarge of tlie
duties imposed by this act, said printing to he
chissed as State printing, executed by the' same
parties, and paid for in the same manner, and
under the same rules and reoTilations as are.
Tiovv' prescribed by law. He sliall also keep' a
correct account of other stationery and pos-
tage, and upon the certificate of the Governor,
the expense thereof shall be paid, out ot any

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Online LibraryMississippiLaws of the state of Mississippi, passed at a called session of the Mississippi legislature held in Macon, August, 1864 → online text (page 1 of 5)