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An Act directing the method of proceeding in the Courts of Equity against absent debtors and other absent defendants, and for regulating the proceedings on attachments against absconding debtors. 1822 86 (1822.6)

handle is hein.slavery/ssactsms0058 and id is 1 raw text is: 86 L&WS OF THE STATE OF MISSISSIPPI. but shall and may be filed, as a claim against the estate ol such testator or intestate, any thing contained in the 103d section of the act to which this is an amendment, to the con- trary notwithstanding. SEc. 2. The Orphans' Court shall order a division of per- sonal estate among heirs or legatees in -the same manner, and subject to the same regulations as are prescribed for the partition of real estate among them; and the commissioners appointed for that purpose, shall be commissioners for the division of both real and personal estate. SEc. 8. The Office of Register of the Orphans' Court shall be, and the same is hereby abolished; and the Judge of Pro- bate in each county shall enter into bond, and take the oath required of the Regi ter, and shall perform all the duties which the Register is required to perform, and receive the like compensation according to the provisions of the above recited act. COWLES MEAD, Speaker of the House of Representatives. DAVID DICKSON, Lieutenant -Governor and President of theSenate. Approved: June the 30th, 1822. WALTER LEAKE. AN ACT directing the method of proceeding in Courts of Equity against absent debtors and.other absent defendants, and for regulating the proceedings on attachments against absconding debtors. SEC. 1. Be it enacted by the Senate and House 0f Represent- latives of the State of Mississippi in General Assembly convened, That if, in any suit which hath been or hereafter shall be commenced, for relief in equity, in any Superior Court of Chancery or in any other court, against any defendant or de- fendants, who are out of this state, and others, within the same, having in their hands effects of, or otherwise ind bted to, such absent defendant or defendants, or against any such absent defendant or defendants having lands or tenements within the state, and the appearance of such absentees be not entered, and security given to the satisfaCtion of the court, for performing the decrees; upon affidavit, that such defend ant or defendants, are out of the state, or that upon inquiry at his, her or their usual place of abode, he, she or they could not be found, so as to 4e served with process; in all such cases,

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