No. LXXXVI. AN ACT entitled an Act to Amend Sec. 5037, and to Repeal Sec. 5046, of Gantt's Digest. SECTION 1. Requirements of order of delivery of personal property, in action of replevin. Order how returnable. 2. 3. Arrest of defendant, in case of concealment or removal of the property. 4. Section 5,046 of Gantt's Digest, repealed, and act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That the order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action, and the court in which the action is brought, and direct the sheriff to take the property, describing it, and stating its value as in the affidavit of the plaintiff, and deliver it to him, and make return of the order on a day to be named therein, and to summon the defendant to appear on such day in the court and answer the plaintiff in the premises; and if the plaintiff shall file an additional affidavit that he believes the property has been concealed, removed, or disposed of, in any way, with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order can not be had, to take the body of the defendant, so that he appear at the return day of the order to answer the premises. The order shall be made returnable as an order of arrest is directed to be returned. SEC. 2. If the property described in the order shall have been removed, or concealed, so that the officer cannot make delivery thereof, he shall (when the order contains a capias clause) arrest the body of the defendant, and hold him in custody in the same manner as on a capias ad respondéndum, in a personal action, until he shall execute the bond prescribed in the next section, or be otherwise legally discharged. SEC. 3. The defendant shall be entitled to be discharged from such arrest, at any time before final judgment had in the cause, upon executing to the officer who shall have made such arrest, with the addition of his name of office, a bond on a penalty of at least double the value of the property described as sworn to in the affidavit, with such security as shall be approved by such officers, conditioned that such defendant shall abide the order and judgment of the court in such action, and that he will cause special bail to be put in, if the same be required. SEC. 4. That section 5046 of Gantt's Digest be and the same is hereby repealed, and that this act take effect and be in force from and after its passage. Approved December 14th, 1875. No. LXXXVII. AN ACT to prescribe the Time for holding the Circuit Courts in the Eighth SECTION 1. Terms of Circuit Courts in Montgomery, Scott, Polk, Sevier, Little River, Pike, and Clark counties. 2. Writs and process returnable, and recognizances, etc., forfeited, at times by this act fixed. 3. Conflicting laws repealed, and act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That hereafter the Circuit Courts in the Eighth Judicial Circuit shall be begun and held as follows, to-wit: Montgomery County-Last Monday in January and July. 1 Scott-First Monday after the last Monday in January and July. Polk-Second Monday after the last Monday in January and July. Sevier-Third Monday after the last Monday in January and July. Little River-Fifth Monday after the last Monday in January and July. Howard-Eighth Monday after the last Monday in January and July. Pike-Ninth Monday after the last Monday in January and July. Clark-Tenth Monday after the last Monday in January and July. SEC. 2. That all writs and process which have been issued and made returnable to said courts as now established by law, shall be returned to said courts as established by this act, and all bail bonds and recognizances for the appearance of such defendants at said courts as now established by law, shall be held valid and binding for the appearance of such, defendants at said courts as established by this act. SEC. 3. That all laws in conflict herewith, are hereby repealed, and this act shall take effect and be in force from and after its passage. Approved December 14th, 1875. No. LXXXVIII. AN ACT to Suspend the Printing and Publishing the Journals of the General Assembly, and to provide the manner in which the same shall thereafter be prepared for the Public Printer. SECTION 1. Publication of Journals of General Assembly for 1874 and 1875, suspended. 2. MS. proceedings to be filed with Secretary of State, and subsequently with Public Printer. Further compensation for copying Journals pro hibited. 3. Conflicting laws repealed, and act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That the printing and publishing of the journals of the General Assembly, for the years of 1874 and 1875, be, and the same are, hereby suspended until so ordered by the next or some future Legislature. SEC. 2. That whenever the daily proceedings of either house of the General Assembly shall be made up in manuscript form, the same shall be signed each day by the presiding officers of the respective houses, attested by the secretary or clerk thereof, and in addition to the transcribed record of the journals of either house, the manuscript proceedings shall also be filed in the office of secretary of state, which manuscript proceedings shall be kept and preserved by the secretary of state, and when the journals are ordered printed, the manuscript journals shall be filed with the publie printer, and no other copying shall be required or compensation allowed the secretary of state or other officer for said manuscript journal, except what may be paid by the General Assembly in the preparation of the same. SEC. 3. All acts inconsistent with the provisions of this act be repealed, and this act take effect and be in force from and after its passage. Approved December 14th, 1875. Su acts 1885 page 12 би No. LXXXIX. AN ACT to enable Settlers and Pre-emptors on the Swamp and Overflowed Lands to Perfect their Titles by Entry. SECTION 1. Perfection of pre-emption titles to Swamp and Overflowed Lands. 2. Case of entry, by mistake, of lands not comprehended in the Act of 3. Case of loss of original papers and evidences of existing pre-emptions. SECTION 1. Be it enacted by the General Assembly of the State of Arkansas: That any person or persons, or their legal representatives, o shall heretofore have taken, or filed, under existing laws, a pre-emption to or upon any of the swamp or overflowed lands of this State, or who shall have settled upon, improved, or cultivated, said swamp lands, shall have the right, upon application to the proper land officers, to perfect their rights by entry and payment, thereby acquiring such right only as the State may have in the same, undisposed of at the date of such entry. SEC. 2. Be it further enacted, That in case entries as aforesaid shall by mistake be made of lands, which are not comprehended in the act of Congress granting the swamp and overflowed lands to the State of Arkansas, then, in that case, the parties availing themselves of this act shall have no claim or demand upon the State for recoupment or otherwise. SEC. 3. That in all cases where the original papers and evidences of existing pre-emptions have been lost or destroyed, oral proof may be made to the satisfaction of the proper officers, to enable the parties aforesaid to perfect their titles by entry as is hereinbefore provided; and this act shall take effect and be in force from and after its passage. Approved December 15th. 1875. |