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record of some public office, without actual notice of an adverse title in like manner derived from record, shall be exempt and free from all and every species of action, writ, or prosecution for, or on account of any rents or profits, or damages, which shall have been done, accrued or incurred at any time prior to receipt of actual notice of the adverse claim, by which the eviction may be effected, provided such person obtained peaceable possession of the land.
Sec. 48. The court, who shall pronounce and give judgment of eviction, either in law or equity, shall, at the time nominate seven fit persons, any five of whom shall have power, and it shall be their duty to go on the premises, and after viewing the same, on oath or affirmation, to assess the value of all such lasting and valuable improvements which shall have been made thereon, prior to the receipt of such notice as aforesaid; and also, to assess all damages the land may have sustained by the commission of any kind of waste, or by deduction of soil by cultivation, or otherwise during the occupancy of the person evicted, and subtract the same from the estimated value of the said improvements, which assessment, signed and sealed by the persons making the same, shall be by them lodged with the clerk of the court wherein they were nominated, before the next ensuing term, or as soon thereafter as may be convenient; and at the next court, after such assessment, it shall be entered up as a judgment in favor of the person evicted, and against the successful claimant of the land, by the clerk; upon which judgment, execution shall immediately be issued by the clerk, if directed by the person evicted, unless the successful claimant shall give bond and security to be judged of by the court, to the person evicted, and to be taken at the time of entering up such judgment, conditioned to pay the same within twelve months from the date thereof, with five per cent. interest thereon : Provided, The balance shall ultimately be in favor of such occupying claimant, according to the directions and provisions of this chapter, which bond shall have the force of a judgment, and at the expiration of twelve months aforesaid, an execution shall be issued upon the same by the clerk of the court in which it was taken, at the request of the party entitled thereto, on oath being made that the same is yet due. Should the balance be in favor of the successful claimant, judgment in like manner shall be entered up in his favor, against the other party, for the amount of the same, upon which execution may be issued as aforesaid, unless bond and security be given to such claimant, which may be acted upon in the manner before directed, and to declare what shall be the law between adverse claimants, under distinct titles of the kinds aforesaid after notice.
Sec. 49. The persons nominated by the court as aforesaid, when making an assessment, shall carefully distinguish between such improvements, as were made on the land prior to notice, and those which were made after notice; and when making an assessment, they shall also take into consideration all such necessary and lasting improvements as shall have been made on the lands, after the receipt of such notice as aforesaid, and shall ascertain the amount of the value thereof; and they shall also take into consideration and ascertain the amount of the rent and profits arising from the whole of the improvements on the land from the time that notice of such adverse claim was received by such occupying claimant, and then after taking the amount of one from the other, the balance shall be added or subtracted from the amount of the value of the improvements which shall have been made before the receipt of the notice aforesaid, as the nature of the case shall require.
Sec. 50. The commissioners shall also estimate the value of the lands in dispute, exclusive of any improvements that shall have been made thereon, and make report of the amount of such valuation to the court, and if the value of the improvements shall exceed such estimated value of the land in dispute, in that case it shall and may be lawsul for the proprietor of the better title, to transfer or convey, as the nature of the case may require, his better title to the occupying claimant, and thereupon judgment shall be entered up in his favor, against the occupying claimant, for such estimated value, upon which an execution may issue, unless the occupying claimant shall give bond and security to be approved by the court, to pay the amount of such judgment, within one year after the person transferring or conveying as aforesaid, with interest from the date, which bond shall have the force of a judgment, and if not paid at the expiration of the year, an execution may issue, in the manner before directed by this chapter: Provided, That the proprietor of the better title shall, in every such case, at the time of entering up judgment in his favor, give bond and security to be approved by the court, to the occupying claimant, to refund the amount of such judgment, in case the land so transferred or conveyed, shall ever thercaster be taken from him by any other prior or better claim.
Sec. 51. The persons nominated by the court, by virtue of this chapter, shall be called commissioners, and shall respectively take an oath or affirmation to do equal right to the parties in controversy; and shall also have power and authority to call witnesses, and administer the necessary oaths, and to examine them for the ascertainment of any fact material in the inquiry and assessment by this chapter directed.
Sec. 52. The said commissioners in making every estimate of value by virtue of this chapter, shall state separately the result of each, and the court shall have power to make such allowance to the said commissioners in any case, as shall seem just, which allowance shall be taxed and collected as costs: Provided, That this chapter shall not be extended to affect or impair the obligation of contracts, or to authorize the occupying claimant to be twice paid for his improvements; and in all cases where the occupying claimant is paid for his improvements by any other person than the proprietor of the better title, such person shall have the same redress as is allowed to the occupying claimant.
Sec. 53. The court shall have the same power to proceed by appointing commissioners to assess the value of improvements, and the damages by the commission of any kind of waste, by reduction of soil, by cultivation or otherwise, during the occupancy of the person evicted in case of arbitration, or by consent of the parties, on motion without suit.
Sec. 54. Notice of any adverse claim or title to the land within the meaning of this chapter, shall have been given by bringing a suit either in law or equity, for the same, by the one or other of the parties, and may hereafter be given by bringing a suit as aforesaid, or by delivering an attested copy of the entry, survey or patent, from which he derives his title or claim, or leaving any such copy with the party, his wife, or other free person above the age
of sixteen years, on the plantation : Provided, however, That notice given by the delivery of an attested copy as aforesaid, shall be void, unless suit is brought within one year thereafter: Provided, That in no case shall the proprietor of the better title be obliged to pay to the occupying claimant for improvements made after notice, more than what is equal to the rents and profits aforesaid.
Sec. 55. Notice to any occupying claimant shall bind all those claiming from, by or through such occupying claimant, to the extent of such claim.
Sec. 56. Nothing herein contained shall be construed so as to prevent any court from issuing a precept to stay waste, and ruling the party to give bond and security in such manner as such court may think right.
Sec. 57. In all cases in which any person has heretofore entered upon and occupied, or shall hereafter enter upon and occupy, any lands, tenements or hereditaments within this State, by virtue of any lease or permit, from the United States or this State, such person, his, her or their heirs or assigns, may have and maintain an action of ejectment against any person who has or may enter upon such lands, tenements or hereditaments, without the consent of such lessee, his, her or their heirs or assigns; and proof of the right of possession shall be sufficient to authorize a recovery.
APPROVED: March 3, 1845.
to be voted for, and number of; and election,
how conducted, and returns made.
to Governor, &c., who, with secretary of State,
case of tie, proceedings thereon.
mitted to persons elected. 4. Electors, when and where shall meet, and their
compensation. 5. Vacancy in electoral college, how filled. 6. General elections, when held. 7. Precincts, how formed; and judges, how ap
pointed. 8. Jutges, when shall be appointed, and number for
each precinct. 9. Clerks of elections, how chosen, and tenure of
judges ani clerks. 10. Clerks of county commissioners' courts to issue
notices of election, and form thereof. 11. Vacancy in office of judge, how billed. 12. Onth of juizes and clerks. 13. Judges may administer oaths in certain cases. 14. Polls, time of opening and closing. 15. Manner of roting. 16. Where electors may vote. 17. Penalty for voting more than once at the same
election. 18. Voters, qualifications of. 19. Oath of voter shall entitle him to vote, unless
proved false. 20. Penalty for illegal voting. 21. O:Jer at th“ polls, how preserved, and penalty
for violation: 22. County commissioners may appoint constable
to preserve order.
lect of duty.
certificate of election. 26. When two or more courities are in one district,
votes to be compared in senior county; clerks to give certificate of election; and expenses
of election, how paii. 27. Compensation of judges and clerks, how made
out and paid. 28. Tie, in case of, how decided. 29. Abstract of votes, copy of, to be sent to secre
tary of State. 30. Representatives to Congress, votes for, by whom
canvassed, and Governor to give certificate of
election. In case of tic, to be decided by lot. 31. When returns not received by secretary of State,
messenger to be sent, and compensation there
for. 32. Vacancy in office of senator or representative,
how filled. 33. When vacancy occurs during session of the le
gislature, what notice may be given. 31. Governor, vacancy in ollice of, how and when
filled. 35. Sherifi' or coroner, office of, when vacant, Gov".
ernor to issue writ of election. 36. Representative to Congress, ottice of, when va.
cant, Governor to appoint day of election. 37. Judges and clerks of election, violation of duty
of, how punished. 38. Voter swearing falsely, judges may refuse vote,
and penalty for receiving vote without oath,
when challenged. 39. Penalty for judge refusing to receive vote of le
gal voter, when offered under provisions of eight enth section.
ished. 42. When election contested, how decided. 43. Contested election, duty of defendant and jus
tices of the peace. 44. Justices may subpæna witnesses, and penalty of
witness for non-attendance. 45. Attachments may issue against witnesses, and
justices shall take their testimony. 46. Penalty for justice refusing to act.
points specified in notice; power of justices. 49. Costs of contest for county officers to be paid
by unsuccessful party; appeal allowed. 50. Proceedings in contested elections further de.
fined. 51. Elections by General Assembly, how conducted. 52. Betting, penalty therefor. 53. Money, property or thing wagered not necessary
to be put up to constitute offence, as defined in this chapter.
Section 1. There shall be elected by general ticket, on the first Monday of November, preceding the expiration of the term of each President of the United States, as many electors of President and Vice President of the United States, as this State may be entitled to elect, which election shall be conducted and returns thereof made as hereinafter provided : Proviiled, That should Congress have fixed a different day, or shall hereafter fix a different day for such election, then the election for electors shall be held on such day fixed or to be fixed by act of Congress.
Sec. 2. The clerks of the several county commissioners' courts, shall, within eight days next after holding an election for electors as is provided for in this chapter, make three copies of the abstract of votes for electors, and transmit by mail one of said copies to the Governor or person administering the government, another to the office of the secretary of State, and retain the third in his office, to be sent for by the Governor, in case both the others should be mislaid. Within twenty days after the holding of such election, and sooner if all the returns are received by either the Governor or person administering the government, cr by the secretary of State, the secretary of State, auditor of public accounts and treasurer, or any two of them, shall, in the presence of the Governor or person administering the government, proceed to open and canvass said election returns, and to declare the persons having the highest number of votes elected; but should any two or more persons be returned with an cqual and the highest vote, the said secretary of State shall cause a notice of the same to be published in the paper printed by the public printer, which notice shall name some day and place, not less than five days from the time of the publication of such notice, upon which the said secretary, auditor and treasurer, will decide by lot which of said persons so equal and highest are elected; and upon the day and at the place so appointed in said notice, the said secretary, auditor and treasurer, or any two of them, shall, in the presence of the Governor or person administering the government, decide by lot which of the persons so equal and highest shall be elected.
Sec. 3. The Governor or person administering the government, shall cause the result of the said election to be published in the paper printed by the public printer, and shall transmit by mail to the persons elected, certificates of their election.
Sec. 4. The electors chosen as aforesaid, shall meet at the seat of government of this State, at the time appointed by the laws of the United States, and give their votes in the manner therein provided, and perform such duties as are or may be required by law. Each elector shall receive for every twenty miles necessary travel in going to the seat of government to give his vote, and in returning to his residence, to be computed by the most usual route, the sum of three dollars, to be paid on the warrant of the auditor, out of any money in the treasury, not otherwise appropriated.
Sec. 5. In case any person, declared duly elected an elector of President and Vice President of the United States, shall fail to attend at the state house, at the seat of government of this State, at or before the hour of twelve o'clock at noon, of the day on which his vote is required to be given, it shall be the duty of the elector or electors of President and Vice President, attending at that time and place, to appoint a person or persons to fill such vacancy: Provided, That should the person or persons, chosen by the people as aforesaid, arrive at the place aforesaid, before the votes for President and Vice President are actually given, the person or persons appointed to fill such vacancy, shall not act as elector of President and Vice President.
Sec. 6. All general elections for the election of Governor, Lieutenant Governor, representatives to Congress, senators and representatives to the General Assembly, and county officers, shall be held on the first Monday of August, in each year in which the said officers are hereinafter directed to be chosen ; which elections shall be conducted as hereinafter prescribed.
Sec. 7. The county commissioners' courts of the several counties in this State, are hereby authorized to divide their respective counties into as many election precincts, for all general and special elections, as they may think expedient for the convenience of the voters of said county, and to appoint as many sets of judges of elections, to receive votes at the county seats, as they may think necessary; and shall designate the house or place in each precinct, and in the precinct including the county seat, the house or houses, place or places, at which elections are to be holden; and the precincts and places of holding elections, so established, shall so remain until changed by the county commissioners' court: And all general and special elections shall be held at the places so designated, until changed as aforesaid : Provided, always, That it shall be the duty of the county commissioners' court at any time, to change any place of holding elections, upon a petition of a majority of voters residing within the precinct.
Sec. 8. The said county commissioners' courts shall, respectively, at the last stated term preceding any election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election in each election precinct; and the clerk of the said court shall make out and deliver to the sheriff of the county, immediately after the appointment of said judges, a notice thereof in writing, directed to the judges so appointed; and it shall be the duty of the said sheriff, within twenty days after the receipt of said notice, to serve said notice upon each of the said judges of election.
Sec. 9. The said judges of the election shall choose two persons, having similar qualifications with themselves, to act as clerks of the election. The said judges of the election shall be and continue judges of all elections of civil officers to be held within their precinct, until other judges shall be appointed as hereinbefore directed; and the said clerks of election may continue to act as such during the pleasure of the judges of the election. And the county commissioners' courts shall, from time to time, fill all vacancies which may take place in the office of judge of the election, in any election precinct within their respective counties.
Sec. 10. The clerks of the several county commissioners' courts shall, at least thirty days previous to any general election, and at least twenty days previous to any special election, make out and deliver to the sheriff' of his county, three written notices thereof for each precinct, said notices to be, as nearly as circumstances will admit, as follows, to-wit: “ Notice is hereby given, that on Monday, the day