21883 pag. [ 2 ] approved March 5th, 1875, be amended so as to read as follows: The writ of habeas corpus shall be issued upon proper applications, by the following officers: By a Judge of the Supreme Court, or of any Chancery Court during the sitting of their respective Courts or in vacation. The power of the Supreme, Circuit or Chancery Courts to issue writs of habeas corpus shall be co-extensive with the State. The County Judge shall have power, in the absence of the Circuit Judge from the County, to issue and hear writs of habeas corpus on application of parties confined in the County Jail of his County, charged with an offence committed in said county; Provided, That no Judge of any County Court shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a Grand Jury. SEC. 2. This act take effect and be in force from and after its passage. Approved January 31st, 1877. No. III. AN ACT to continue in force the Charter of the Iron Mountain and Helena Railroad Company, and to extend the time of the completion of the Railroad of said Company. SECTION 1 Charter of Iron Mountain and Helena Railroad Company continued in force. 2 Time extended for completion of road. 3 Act not to be construed as exempting, or reviving any right of exemption, from taxation. 4 Repeal of conflicting laws. Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That an act entitled an act to incorporate the Iron Mountain and Helena Railroad Company, approved December 31st, A. D. 1860, is hereby declared to be and to continue in full force and effect, subject only to the provisions of section (8) eight, of article (17) seventeen, of the Constitution of the State of Arkansas. SEC. 2. That the time for the completion of the Railroad of said Iron Mountain and Helena Railroad Company is hereby extended to the thirty-first day of January, A. D. 1882. SEC. 3. That nothing in this act shall be so construed as exempting any of the property, real or personal, from any taxation, general or special, or of reviving any right of exemption that may have been heretofore granted to said Company. SEC. 4. That all laws in conflict with this act are hereby repealed, and this act shall be in force and take effect from and after its passage. Approved January 31st, 1877. No. IV. AN ACT to change the time of holding the Probate Court of Little River County. ECTION 1 Probate Court of Little River County, when held. 2 Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That hereafter the Probate Court of the County of Little River be begun and held on the third Mondays in January, April, July and October. SEC. 2. That this act take effect and be in force from and after its passage. Approved February 2d, 1877. No. V. A BILL to be entitled "An Act to authorize the County Court of the County of Miller to hold a Special Term." SECTION 1 County Court of Miller County authorized to hold a special term. 2 Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That the County Court of Miller County be, and it is authorized to hold a special term of the County Court commencing on the nineteenth day of February, 1877, for the transaction of general and of special matters in regard to said County, the same as at any regular term, and any and all acts done and ordered by said Court at said special term, shall be as binding and valid as if had and done at a regular term. SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved February 5th, 1877. No. VI. AN ACT to make an appropriation to pay the Mileage, Per Diem and Contingent Expenses of the General Assembly. SECTION 1 $40.000. appropriation to pay mileage, per diem and contingent expenses of General Assembly. 2 Conflicting laws repealed. Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That there be and is hereby appropriated out of any funds in the Treasury and not otherwise appropriated, the sum of forty thousand dollars, to pay the mileage, per diem and Contingent Expenses of the General Assembly. SEC. 2. That all laws and parts of laws in conflict with this act be and are hereby repealed, and this act to take effect from and after its passage. Approved February 15th, 1877. No. VII. AN ACT to be entitled, an act for Creditors of the Estates of Deceased Persons, to Sell Real Estate to pay debts of said persons, in certain cases. SECTION 1 Creditor may petition Probate Court for order of sale of lands of Estate, to pay his claim. 2 Preliminary demand and proceeding by Creditor. If Personal Representative refuse to file petition, then any Creditor may apply for order of sale. 3 Probate Court may order sale, provided there be not sufficient personal assets. 4 Probate Court may compel Administrator to comply with order. 5 Creditor must give notice of his petition. Recitals necessary therein. 6 Conflicting laws repealed. Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. Any creditor of the estate of a deceased person who shall have a claim against said estate duly probated may present his or her petition to the Probate Court having jurisdiction of the estate for an order to sell said lands or a sufficient amount thereof to pay the demands against said intestate's estate upon the conditions hereinafter stated. SEC. 2. Said creditor shall demand in writing of the personal representatives of said deceased sixty days before the next term of the Probate Court to present his petition in the manner now prescribed by law, or that may hereafter be prescribed, praying for an order to sell the lands belonging to his intestate or a sufficient amount thereof to pay the demands probated against said estate; and if said personal representatives shall fail or refuse to file his petition with the Clerk of the Probate Court and give notice in the manner prescribed by law within twenty days after said demand, then, in that event any creditor may apply by petition, for an order to sell the lands of said deceased or a sufficient amount to pay debts probated against said deceased's estate, setting forth in said petition the fact of demand and failure of said representatives to comply therewith. SEC. 3. The Probate Court, if the facts will warrant, shall make an order in compliance with said petition and the law of Administrations, ordering the Administrator of the estate, against which said petition is presented, to sell the lands in the order described in the manner provided by law and pay the debts of his intestate out of the proceeds; Provided, no such order shall be made if there is sufficient personal assets in the Administrator's hands to pay debts with. SEC. 4. The Probate Court shall have power to compel the Administrator to comply with the order made as herein provided attachment or mandamus. 13 SEC. 5. Any creditor that shall present his or her petition under the provisions of this act to the Probate Court for an order to sell lands of a deceased person to pay debts, shall give notice as now prescribed by law for an Administrator, give and recite therein the fact of the failure of the personal representative of said estate to apply for an order to sell, after being a legal demand made on him to do so. SEC. 6. All laws in conflict with this act be and the same are hereby repealed, and that this act take effect from and after its passage. Approved February 15th, 1877. No. VIII. AN ACT to amend section sixteen hundred and ninety-nine of Gantt's Digest. SECTION 1 Criminal procedure. Defendant may be committed or bailed by Magistrate, except in certain cases. 2 Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas : SECTION. 1. That section sixteen hundred and ninety-nine of Gantt's Digest be amended so as to read as follows: During the periods of adjournment, the defendant shall be committed to jail, or to the custody of a peace officer; but the defendant may give bail, or the magistrate may fix a sum equivalent to bail, upon which being deposited with the peace officer in attendance, unless he be a policeman, as surety for the defendant's appearance at the time or times appointed, he may be released from custody during the periods of the adjournment of the examination; Provided, That magistrates shall have no power to admit to bail in such cases, where the charge is for a capital offense, murder or manslaughter. SEC. 2. That this act take effect and be in force from and after its passage. Approved February 16th, 1877. |