Ib. Sec. 4. judges of the several circuit courts, shall be deposited in the office of the secretary of state. 7. Any officer or officers failing to comply with the provisions of Penalty for this act, shall forfeit and pay the sum of five hundred dollars, one-half ing with this to the treasury of this state, and the other half to the use of the person who shall sue for the same. not comply act. NOTE. All public officers and counsellors and attorneys at law are also required to take and subscribe an oath against duelling. See "Duelling." The special oaths prescribed for those charged with any public service, will be found under the heads in which their general duties are included. 1833-(7) Sec. 1. OIL. § 1. ALL oils sold under the various names, of sperm, lamp, sumWhat deem mer, fall and winter oils, shall be deemed and held to be pure sperm oil. §2. The test of pure sperm oil is hereby declared to be Southworth's oleometer; and the same shall be the standard by which the qualities of oils sold within this state shall be ascertained." ed sperm oil. Test of sperm oil. Penalty for sperm oil. § 3. All oils sold under the names of sperm, lamp, summer, fall and adulterating winter oils, which shall be adulterated from pure sperm oil, shall be deemed and held whale oil; and any person or persons who shall sell to any other person or persons, any of the oil or oils, commonly known under the name or names specified in the first section of this act which have been adulterated by a mixture of whale oil, or inferior oils, shall forfeit and pay to the person or persons buying the same, for each and every such offence, the difference in value, between pure sperm oil and whale oil: and further, the vender or venders of such adulterated oils, shall forfeit and pay to the purchaser or purchasers thereof, for every offence, the sum of thirty dollars, together with costs, to be recovered before any justice of the peace within the county, where the offence shall have been committed: Provided, always, That if, at the time of sale, the vender or venders, disclose to the purchaser or purchasers, the amount of adulteration in the oils sold, then the said vender or venders shall forfeit nothing by the sale of the Proviso. Corporate authorities same. § 4. The mayor and aldermen of the city of Mobile, are hereby authorized and empowered to appoint inspectors of oil, and also an appoint in inspector of flour, salt, and fish, for the said city of Mobile. of Mobile to spectors of oil, flour, salt, and fish. PARTITION. 1803-(4) § 1. ANY person being a coparcener, joint-tenant, or tenant in comMode of pro- mon, in any tract or tracts of land within this territory, may at any obtain parti. time apply to any one or more of the judges of the superior courts of tion of lands. this territory, or to any three or more of the justices of the county ceeding to court, wherein such lands may lie, for a partition of such tract or tracts of land whereupon the said judge or justices shall ascertain the number of equal shares or parts, in which such tract or tracts were, or (at the time of such application) are held by the original coparceners, joint-tenants, or tenants in common, and shall nominate three persons, not interested in the said land, as commissioners to make parti tion of such tract or tracts, into as many parts or shares, as the same was originally held and the said judge or judges, or justices, shall thereupon order an advertisement to be inserted in one of the public newspapers of this territory, and in any such other public newspapers or places, as the judge, judges, or justices shall direct, for six weeks successively, to the following or like effect, he or they making such alterations or additions as the nature of the case may require: tice by judge. By Esquire, chief judge (or judges) of the superior Form of nocourts of the Mississippi territory, or justices of the county court of the county of notice is hereby given, that on application to who claims an undivided me (or us) by of of part of all that tract of land; (giving a description of the tract or tracts to appoint commission. ers. §2. If no objections are made before the said judge or judges, or Judges, &c., justices, on the day appointed by him or them for the purpose, to the persons nominated as commissioners, then the said judge or judges, or justices, shall, in writing under his or their hands and seals, appoint the persons so nominated, to be commissioners to divide the said land, pursuant to the directions prescribed in this act: and the judge or judges, or justices shall, in the said writing, describe the tract or tracts to be divided, and direct the number of parts or shares into which the same is to be allotted :-but if objections are made to the persons nominated as commissioners, or any of them, the said judge or judges, or justices, shall then proceed to hear and determine such objections; and in case he or they find them well founded, then to appoint under his or their hands and seals, other fit and disinterested persons, in the room of those he or they may think proper to re move. sworn. 3. The commissioners so appointed, before they proceed to the Commissionexecution of the powers and authority vested in them by this act, shall ers to be be severally sworn or affirmed, before one of the judges of the superior court, or any justice of the county court, that they will honestly, faithfully, and impartially make the partition intended, and perform the trust, duties, and services required of them by this act, to the best of their skill, knowledge, and judgment. vision. § 4. The commissioners shall cause a survey to be made in their Mode of dipresence, of the tract or tracts to be divided, and shall then proceed to divide the same into the number of parts or shares, directed by the said judge or judges, or justices, in the writing containing their appointment; each part or share to contain one or more lots, as the commissioners may think proper, they having due regard in the partition, to the situation, quantity, quality, and advantages of each part or share, so that they may be equal in value, as nearly as may be; and if the Allotments bounds of any tract or tracts so to be divided, shall be controverted, to be made the commissioners are hereby directed, if such controverted part is troverted and valuable, to separate the same from the uncontroverted part, and to verted part make partition of the tract or tracts in such manner, that a proportion of tract. 1 The title of this act. both in con uncontro of the controverted part may be allotted to each share, as well as a portion of the uncontroverted part. And the said commissioners, preSurveyor and vious to the said survey, shall administer an oath or affirmation to the surveyor and chain-bearers, that they will well and truly perform their respective duties honestly and impartially: which oath or affirmation any one of the said commissioners is empowered to administer. chain-carriers to be sworn. Commissioners to number the shares, and make fieldbook and map, keep ac count of time and expenses, § 5. The said commissioners shall number the several parts or shares, by them laid off, from one progressively; and shall in the same manner number each lot in the several shares, if the same contain more than one lot; and shall make a true field-book, specifying the bounds and numbers of each lot; and also a map or maps of the tract or tracts, on which the several shares or lots shall be laid down and numbered; and shall keep an exact and particular account of their time expended in the execution of the duties of this act, and of the money due for the same: and also, of all expenses accruing for sur and give no- veying, or otherwise, agreeably to the directions of this act. And the tice of allot- said commissioners shall thereupon give notice by advertisement, in manner aforesaid, for three weeks successively, that on a certain day by them named, not less than one month from the date of such nouification, attendance will be given, at a place therein mentioned, and an allotment by ballot take place, of the several parts or shares, of the tract or tracts therein described, to the original coparceners, joint-tenants, and tenants in common, their heirs or assigns. ment. ballot. Mode. Allotment to § 6. On application made to the said judge or judges, or justices, be made by by any one of the parties to the partition intended to be made, the said judge or judges, or justices, shall attend at the time and place specified in the advertisement of the commissioners, and shall, with the assist ance of the said commissioners, proceed to allot the several parts of shares of the tract or tracts intended to be divided, in the manner hereinafter to be described. But if no application shall be made to the said judge or judges, or justices, for his or their attendance, then the said commissioners shall on the day appointed for the purpose, proceed in a public manner to number as many tickets as there are shares of land marked on the map; which shall be put into a box, and the names of the original coparceners, joint-tenants, or tenants in common, shall be put in separate tickets, into another box; when a person appointed by the said judge or judges, or justices, or commissioners, shall proceed to draw a ticket of the names, and then a ticket of the numbers, and so proceed until all the tickets are drawn; and the share on the map bearing the number of the ticket drawn, next after drawing the ticket with the name, shall be the separate and divided share of that original coparcener, joint-tenant, or tenant in common, his or her heirs or assigns, in the land so divided: of which balloting, the said commission judge or judges, or justices, or commissioners, shall make a full and certificate of ample certificate, under his or their hands and seals, specifying parti cularly the time, place, and manner of balloting, and the said allotment of the shares. Judge or er to make allotment. Precepts for witnesses. § 7. The said judge or judges, or justices, or the said commissioners, are hereby authorized, as the case may require, to issue his or their precept, or precepts, under his or their hands and seals, commanding such person or persons, who are able to give any necessary information, to come before him or them, when and where he or they may direct, to testify by an oath or affirmation, such acts, matters, or things, as it may be necessary for the said judge, or judges, or justices, or commissioners, to investigate in execution of the trust, duties, and services required of them by this act; and to bring with him or them all such patents, surveys, maps, records, deeds, or other writ ings, as may be necessary to be examined, by the said judge or judges, or justices, or commissioners. ed. 8. The commissioners shall transmit the writing containing their Instruments appointment, and their oath or affirmation of office, properly certified to be record. by the person administering the same, and the map and field book, and also their accounts, to the judge or judges, or justices, from whom they received their appointment; or in case of their death, resignation, or removal, then to any other judge or judges, or justices, of the same court, who, after inspecting the same, shall order the said in. struments, excepting the account of expenses, to be recorded in the clerk's office of the superior court, or in the clerk's office of the county court, in which the lands lie; which shall be good evidence of such partition, and which partition shall be as valid and effectual in law, to divide and separate the said lands, as if the same had been made on writs of partition, according to the course of the common law. cers. 9. The said judge or judges shall be allowed for the services re- Compensa quired by this act, at the rate of two dollars and fifty cents, and said tion of offi justices at the rate of two dollars a day each, while employed in the said business; and the said commissioners at the rate of two dollars a day each; and the said surveyor, at the rate of four dollars a day; and the chain-bearers and witnesses, at the rate of one dollar a day each. commission §10. In all cases of the death, resignation, neglect, or refusal of any In case of va of the commissioners to be appointed by virtue of this act, before the cancy other trust, duties, and services, hereby required of them, shall be comple- ers may be ted, then the said judge or judges, or justices, or in case of his or their appointed. death, resignation, or removal, any other of the judges or justices shall, by writing under his or their hands and seals, appoint another commissioner or commissioners, who shall be vested with the like powers and authority, as if he or they had been originally appointed. be divided shares. tion, share § 11. After the said judge or judges, or justices, shall have ascer- Expenses of tained the whole expense of such partition, he or they shall divide the partition to same among the several parts or shares; which shall be paid by the among the persons to whom such shares were allotted, their heirs or assigns, within four weeks after the same shall be ascertained; or in default on failure to of payment of such expense, the said judge or judges, or justices, are pay proporhereby authorized, where no other property is to be found, to direct a may be sold. sale to be made by the commissioners, of so much of those parts or shares, deficient in paying the expenses, as will be sufficient to pay their respective proportion thereof; together with the expenses accruing on such sale. And the said judge or judges, or justices, shall direct the same to be sold by the said commissioners, at public auction, to the highest bidder, whereof four weeks' notice shall be previously given, in one of the said newspapers, and at three of the most public places in the county in which the land lies. And the said commis- Commission. sioners' deed to the purchaser shall pass as good a title for the separate enjoyment of the same, as if all the owners and claimants of shares, of the entire tract divided, had joined therein. ers' deed to convey title. under this § 12. Nothing in this act contained, shall be so construed as to tend to Proceedings injure, prejudice, defeat, or destroy, the estate, right, or title of any per- act not to af son or persons claiming such tract or tracts of land, or any part there- fect paraof, or anything therein by title paramount or superior to the title of' such coparceners, joint-tenants, or tenants in common, among whom partition is to be made. mount title. Sec. 43. § 13. When any person by last will and testament, shall devise his 1906—(1) or her real estate, or any part thereof to two or more devisees, not as- Mode of obcertaining the metes and boundaries of each devisee's share, any of taining par 1803-(2) To be com missioned by NOTARIES PUBLIC. § 1. THE governor shall appoint and commission a competent number of persons of known good character, integrity, and abilities, as the governor. notaries public of this territory; to reside at such place or places within the same, as the governor shall in and by their respective commissions direct: Provided, That there shall not be more than two notaries appointed and commissioned to reside in any one county in this territory. May adinin ister oaths. § 2. The said notaries, so commissioned as aforesaid, and each of them, shall have the power of administering oaths and affirmations according to law, in all matters belonging or incident to their notarial False swear office and every person who shall be legally convicted of having knowingly and wilfully made or taken a false oath or affirmation before any notary, in any matter within his official duty, shall suffer the pains and penalties of wilful and corrupt perjury. ing before notaries, per jury. Notaries may receive cantile in struments, &c., § 3. The said notaries, and each of them, shall have power to reproof of mer. ceive the proof or acknowledgment of all instruments of writing relat ing to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter-parties of affreightment, letters of attorney, and such other writings as are commonly proved or acknowledged before notaries within the United and declare States; and also, to make declarations and testify the truth thereof under their seal of office, concerning all matters by them done in their respective offices. thereon under seal. Shall keep registers of official acts, 4. Each of the said notaries shall keep fair registers of all official acts by him done in virtue of his office; and shall, when thereunto and give cer- required, give a certified copy of any record in his office to any person applying for the same, such person paying the legal fees for such certified copy. tified copies. In case of notarial re § 5. In case of the death, resignation, disqualification, or removal of death, &c., any of the said notaries, his registers and other public papers shall be gisters to be lodged within thirty days next after such death, resignation, disquali deposited with clerk of fication, or removal, in the office of the clerk of the county court of county court. the particular county where he resided; and the said clerk may bring and maintain an action of trover or detinue for the same. Such registers or public papers shall not in any case be liable to be seized, attached, or taken in execution for debt, or for any demand what Clerk may maintain ac- Notary to ever. § 6. Every notary shall provide a public notarial seal, with which have a seal. he shall authenticate all his acts, instruments, and attestations; on which seal shall be engraved the arms of this territory, and shall have for legend, the name, surname, and office of the notary using the same, and the place of his residence. Legend Notaries to give bond. a 1819-(14) Sec. 5.] §7. Every notary on his appointment, and before he enters on the duties of his office, shall give bond with sufficient security, to be approved of by the chairman of the county court, in the sum of two thousand dollars, payable to the governor and his successors in office, 1 By an act passed December 17, 1819, the justices of the county courts were required to recommend to the governor a proper number of persons to act as notaries public, who should hold their offices for the term of three years from the date of their commissions. See "County Officers," 3. By the act of June 14, 1821, the judge of the county court, and any two of the commissioners of revenue and roads, were invested with all the powers before that time belonging to the county court, in respect to the appointment of county officers. See "Commissioners of Revenue and Roads,"—§ 1. |
