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An Act to be entitled an act making certain appropriations therein named. 1858 85 (1858)

handle is hein.slavery/ssactsms0335 and id is 1 raw text is: l 'WS 1 OP 1ISBBISIPPI. defendants oranyioftthern to alpear.and.pleadytor upon issue joined, the .court shal 1 proceedato Paesess theidatnhges,ori try thoe issue, ind assess the dama- ges, upon the prqofs and testimony to;be made aid taken intaccordan'ce, with :the:rulcs and practice which govern the proceedings of said courts, and shall ontera decree for the amount of damages so assessed, Provided that if 'either party' shall de- sire it, the court may order a jury tobe summoned, to assess the damages, or to try the issue and assess the damages, under the instruction and con- trol of the court, as.-in like cases in the circuit courts, audthenevidence to the jury shall be the proofs and testimonyjmade and taken, as aforesaid; Provided, further, that if either party shall desire to examine before the jury a witness, whose per- sonal atcendance can be compelled by existing laws, such witness may be summoned, and may be examined orally, in which case his testimony shall be taken down in writing by the clerk or some other person to be appointed by the court, and un- der its direction. SEc. 3. Be it. further enacted, That the scire Appeal facias and the pleadings thereto, and all the proofs when to be made, and the depositions and testimony taken, as in this act prescribed, shall, together with the other proceedings in the case, entered on the minutes of tie court, constitute the record, and either party who may feel agrieved, by the decree of the court, shall have the like remedy by appeal or writ of errror, to the high court of errors and appeals, as is now provided by law, in other cases in the courts of chancery. Approved, Dec. 3d, 1858. CHAPTER XXV. AN ACT to be entitled an not makog certain appropriations therein nameh SEC. 1. Be it enacted by the Legiulature of 1h Blate of Mississippi, That the following sums be

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