Rules for the Government of Chancery Courts; Of the State of Mississippi, Adopted at a Convention of Chancellors of the State, at Jackson, Mississippi, September 19th and 20th, 1870. Together with a Compilation of All the Statutes

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...sale of real estate. .. If it arljudges the payment of money against a party, the clerk will, after the expiration of thirty days, at the request of the party in whose favor the decree is rendered, issue an execution for the amount and also the costs of suit. He can in all cases finally decided, after thirty days, issue for the costs. If the decree direct the sale of property, and appoint a com-. missioner ther_efor--or direct the making of a deed, and appoint a commissioner therefor--a certified copy of the decree is sufficient authority to the commissioners to act. ' The commissioner thus appointed must report his action to the Court, and upon motion, if no exceptions are filed and sustained to his report, it will be confirmed. It is often necessary under the decrees of the Court, when parties refuse compliance in the delivery of property, for the Clerk_ to issue a writ of H abere facias possessionem. See Habere faaias possessionem. These contain all the orders, decrees, and other proceedings of the Court, set forth fully and concisely. ' Always put the date on the top line in large letters, as for instance: " MONDAY, March 6th, 187-. At the commencement of the term have the caption: STATE or MISSISSIPPI, _ ' I... County, ) Chancery Court. At a Chancery Court of the county of......, in said State, held and continued at the Court-house on the.... Monday in, ........, it being the....day thereof, A. D. 187.. Present the Honorable................................ Then follow with the proceedings of Court, enrolling all the decrees signed by the Chancellor, and entering all the orders he makes. It is a good plan to have the attorneys furnish the Clerk with the orders made in their respective cases, so that he can...