An act to enlarge and extend the provisions of the fourth section of a law in the Revised Statutes of the State of Arkansas, under the head of Practice at Law. SECTION. 1. Suit removed on defendant's affidavit of non-residence in the county in which suit was commenced. 2. Clerk to make transcript of proceed. ings, and transmit to proper county. 3. Suit removed to be proceeded in as if said suit was commenced in the court to which it was removed. SECTION. 4. Party applying for removal to give five days notice to plaintiff. 5. Conflicting laws repealed. Be it enacted by the General Assembly of the State of Arkansas, That in all cases where suits may have heretofore, or may hereafter be commenced against any resident citizen of the State of Arkansas, in any circuit court, in any county in this State, in which the said defendant or defendants may not reside, it shall and may be lawful for the said defendant or defendants, on or before the first term of the said circuit court, to which the summons may be made returnable, to apply to the said court, in term time, or to the judge thereof, in vacation, and on making affidavit before said court, or judge thereof, in vacation, setting forth the fact of the non-residence of said defendant, to obtain an order, under the hand of the judge of said circuit court, directing that the said suit be removed to the county in which the defendant or defendants may reside. SEC. 2. Be it further enacted, That, on the presentation of the said order, to the clerk of the circuit court of the county in which said suit may be pending, and on tender of his legal fees being made, it it shall be the duty of the said clerk to make out a full and complete transcript of all the proceedings had in said suit, in his office, which, together with all the original papers, on file in his office, in said suit, he shall seal up, and transmit by some disinterested person, or by mail, directed to the clerk of the circuit court of the county named in said order. SEC. 3. Be it further enacted, That the suits thus authorized to be removed, shall be placed upon the docket of the circuit court of the county to which the same may have been removed, and shall there be proceeded in, as an original suit commenced in said circuit court. SEC. 4. And be it further enacted, That it shall be the duty of the party applying for a removal, as prescribed in the foregoing act, to give notice to the plaintiff, or his attorney of record, at least five days previous to said application, which notice shall be served as in other cases, where notice is required. SEC. 5. Be it further enacted, That all laws, and parts of laws conflicting with the provisions of the foregoing bill, be, and the same are hereby, repealed; and that this act take effect and be in force, from and after its passage. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 30th November, 1840. of the Senate.~ A. YELL. An act for the relief of Wm. G. Arledge, late sheriff of Poinsett county. SECTION 1. Allowed one hundred and forty-nine dollars and fifty-three cents. Be it enacted by the General Assembly of the State of Arkansas, That Wm. G. Arledge, late sheriff of Poinsett county, be entitled to receive from the Public Treasury, the sum of one hundred and fortynine dollars and fifty-three cents, it being an amount overpaid by him, on his account with the State of Arkansas, for the revenue of the year 1838; and, that the Auditor be required to draw his warrant on the State Treasurer, in favor of the said Arledge, for the above sum of one hundred and forty-nine dollars and fifty-three cents; and, that this act take effect, and be in force, from after its passage. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 3rd December, 1840. of the Senate. A. YELL. Act to repeal the 39th, 41st, 42nd, and 45th sections, of the 60th chapter of the Revised Code. SECTION. 1. What sections repealed. 2. Notice, how given. 3. Rights heretofore accrued, not affect ed by this act. SECTION. 4. Act, when in force. Be it enacted by the General Assembly of the State of Arkansas, That the 39th, 41st, 42nd, and 45th sections of the 60th chapter of the Revised Code, relating to damages on bonds for the delivery of property to sheriffs and constables, in satisfaction of executions, be, and the same are hereby, repealed. SEC. 2. That so much of the 36th section of the chapter referred to, in the preceding section, as requires notices to be put up, in each township in the county, by the sheriff of each county, before he can sell property levied on, to satisfy executions, be, and the same is hereby, repealed; and that notice of each sale, put up at the courthouse door, and also, in the township in which the property is advertised to be sold, shall be deemed sufficient notice. SEC. 3. Be it further enacted, That all rights, which have heretofore accrued, or been adjudicated, by virtue of the above sections, hereby repealed, shall not, in any wise, be affected by any construction which may be given to this act; but the same may be prosecuted as heretofore provided by law. SEC. 4. That this act be in force, and take effect, from and after its passage. G. HILL, Speaker Approved: 3rd December, 1840. of the House of Representatives. M. W. IZARD, President of the Senate. A. YELL. An act prescribing the mode of filling vacancies in the offices of sheriff, Be it enacted by the General Assembly of the State of Arkansas, That when any vacancy shall hereafter occur, in the office of sheriff, clerk, coroner, or any other office, the election to which is by the people, and not provided for in the constitution, such vacancy, or vacancies, shall be filled by writ of election from the Governor, in manner prescribed in the following sections of this act. SEC. 2. Be it further enacted, That when the office of sheriff shall be vacated in any county in this State, by death, resignation, removal or otherwise, it shall be the duty of the judge of the county court, or coroner, to give immediate written notice of such vacancy to the Governor, who shall, upon the receipt of such notice, issue a writ of election, and direct the same to the coroner of the county in which the vacancy has occurred, requiring him to hold an election to fill such vacancy, at the usual places of holding the same in the county, after having given at least ten days previous notice, by advertisements, at the most public places in each township in the county. SEC. 3. Be it further enacted, That when a vacancy shall occur in the office of sheriff, in any county in this State, the coroner shall be ex-officio sheriff ad interim, and, in like manner, the sheriff shall be ex-officio coroner, and shall give notice of such vacancy, in the office of coroner, in the manner prescribed in the foregoing section. SEC. 4. Be it further enacted, That when a vacancy shall occur in the office of clerk of any county in this State, it shall be the duty of the county judge, sheriff, or coroner, to give notice as required in the second section of this act, and such vacancy shall be filled in the manner therein prescribed. SEC. 5. Be it further enacted, That in all cases where any vacancy shall occur in the office of clerk, in any of the counties of this State, it shall be the duty of the judge of the county court, or of the circuit court, if he be in the county when such vacancy shall take place, to appoint some competent person to fill the same, ad interim, and administer to him his oath of office, and certify such appointment and qualification to the Governor, who shall thereupon issue to said person his commission, which shall expire so soon as his successor shall be commissioned. SEC. 6. Be it further enacted, That if the vacancies provided for in the foregoing sections of this act, shall take place within three months of the expiration of a term, or before the next regular election, the pro tempore appointments shall continue until the election take place, and the person or persons then elected, shall be qualified and commissioned. SEC. 7. Be it further enacted, That all elections and returns, provided for in this act, shall be governed by, and subject to the same laws and regulations that general elections are, in this State. SEC. 8. Be it further enacted, That this act take effect, and be in force, from and after its passage; and that any law or laws, now in force, contrary to the provisions of this act, be, and the same are hereby, repealed. G. HILL, Speaker Approved: 3rd December, 1840. of the House of Representatives. M. W. IZARD, President of the Senate. A. YELL. An act to make an appropriation for the payment of members of this SECTION. General Assembly. 1. Twelve thousand dollars appropri ated. SECTION. 2. Act, when in force. Be it enacted by the General Assembly of the State of Arkansas, That the sum of twelve thousand dollars be, and the same is hereby, appropriated. for the pay of the members of this General Assembly, and their officers, to be taken out of any former appropriations not expended, or any funds in the treasury, not otherwise appropriated. SEC. 2. This act to take effect, and be in force, from and after its passage. Approved: 3rd December, 1840. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President of the Senate. A. YELL. An act to authorize William Trimble, executor of the last will and testament of E. Johnson, jr., to sell certain property. SECTION. 1. Authorized to sell property. 2. To make return under oath to circuit court. SECTION. 3. Act, when in force. Be it enacted by the General Assembly of the State of Arkansas, That William Trimble, executor of the last will and testament of Edward Johnson, late of Hempstead county, deceased, be, and he is hereby, authorized to sell the following described property, lying and being in the county of Hempstead, namely, all the town lots in the town of Columbus, with the improvements thereon, which were purchased by the executor of said E. Johnson, jr., deceased, of William D. Ward, late of said county, on such credits as said executor may consider most advantageous, at public auction, to the last and highest bidder; the said executor giving at least thirty days previous notice of such sale, by written advertisement, put up in at least three of the most public places in said county. SEC. 2. The gaid executor shall make return, under oath, to the next term of the circuit court, in and for said county of Hempstead, of all his doings in the matter of said sale, in the same manner as if the said sale had been made by order of the said circuit court. SEC. 3. This act shall take effect, and be in force, from and after its passage. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 4th December, 1840. of the Senate. A. YELL. |