act, by putting up at least one advertisement in each township in said county, on or before the first day of February next, 1841. SEC. 5. And be it further enacted, That this act be in force from and after its passage. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 24th December, 1840. of the Senate. A. YELL. An act to rescind a certain contract entered into by the State of Arkansas and David Thompson, deceased, in his lifetime. SECTION. 1. Contract rescinded. 2. Governor not to issue certificate. SECTION. 3. Act, when in force. Whereas, James S. Conway, Governor of the State of Arkansas, as agent of said State, offered for sale on the 11th day of January, 1837, at the city of Little Rock, the five sections of land donated to said State for the purpose of completing the State House in accordance with an act of Congress, and in compliance with the statute directing the sale of the same. And whereas, the said David Thompson, (since deceased.) at the aforesaid sale, was the highest bidder for one quarter section of said land, at $11 97 per acre, and one other quarter section, at $11 per acre, amounting in the whole to the sum of $3,675 20, one fourth of which said last mentioned sum, to-wit: the sum of $1225 06 was to have been paid down, and the residue secured by the execution of bonds with good securities. And whereas, the said Thompson wholly failed to make the first payment, but secured the residue of said sum of $3,675 20, by execution of his bond or bonds with John Drennen and John Henry as his securities, which said bonds have not as yet been paid. And whereas, also, the administrators, de bonis non of the estate of said Thompson, deceased, have and do ask at the hands of this legislature, the passage of an act rescinding of said contract so entered into as aforesaid. Therefore, Be it enacted by the General Assembly of the State of Arkansas, That said contract so entered into as aforesaid, by the Governor of said State as agent for the same, for the purpose aforesaid, of the one part, and the said David Thompson, (since deceased,) of the other part, be, and the same is hereby, rescinded, set aside and held for nought, and that the heirs, executors, administrators, and assigns of the said David Thompson, be, and they are hereby, released, and forever discharged as such from any liability on account of said con. tract. SEC. 2. Be it further enacted, That the Governor of said State be required, and it is hereby made his duty, not to issue his certificate of purchase, authorizing the heirs or representatives of the said Thompson, deceased, to locate said claims, and that he deliver up said writings or bonds, so executed as aforesaid, to the administrators of the estate of said deceased. SEC. 3. Be it further enacted, 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: 24th December, 1840. of the Senate. A. YELL. An act for the relief James Clark, sheriff of Green county, and for other Be it enacted by the General Assembly of the State of Arkansas, That James Clark, sheriff of Green county, shall be, and he is hereby, exempted from all forfeitures and penalties incurred in consequence of his failing to settle and pay over to the State Treasurer the revenue of 1839, at the time required by law. SEC. 2. Be it further enacted, That the amount of such forfeiture and penalties settled by him for the year 1839, shall be entered to his credit on his account with the State, for the year 1840; and that he and all other sheriffs who have not settled their accounts with the auditor, for the year 1840, shall be exempt from any forfeitures or penalties in consequence thereof: Provided, that they shall respectively settle their accounts, and pay over to the State Treasurer the monies due from them, on or before the first Monday of April, 1841. SEC. 3. Be it further enacted, That Westley Walker, late sheriff of Monroe county, and his securities, shall be, and they are hereby, exempted from any penalties or forfeitures in consequence of the said Walker's failure to pay over the revenue due from him, at the time prescribed by law: Provided, that the said Westley Walker, shall, on or before the first Monday of April, 1811, pay into the State Treasury the amount due from him, deducting such penalties and interest on said amount, at the rate of six per cent. per annum, from the time such amount became due until paid. SEC. 4. Be it further enacted, That the sheriff of Lafayette county shall be, and he is hereby, authorized and required to receive from the clerk of said county the tax book for the year 1840, and collect the taxes charged therein, and make settlement of the State revenue, and pay the same over to the State Treasurer, on or before the first day of August next. SEC. 5. Be it further enacted, That if the said tax book of Lafayette county shall not have been made out, it shall be the duty of the clerk of said county to prepare, in a proper manner, the necessary copies as early as practicable, and deliver one of said copies to the sheriff, and forward another copy thereof, with the sheriff's receipt endorsed thereon, to the auditor of public accounts of this State. SEC. 6. Be it further enacted, That this act shall take effect, and be in force, from and after the passage thereof. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 24th December, 1840. of the Senate. A. YELL. An act authorizing the legal representative of Robert Burton, late of Scott county, to sell real estate. SECTION. 1. Authorized to sell real estate. tate. SECTION. 3. Not to sell more than sufficient to pay debts. Be it enacted by the General Assembly of the State of Arkansas, That the legal administrator of the estate of Robert Burton, deceased, late of Scott county, State of Arkansas, be, and is hereby, fully authorized and empowered to sell and dispose of any part of the real estate of said Robert Burton, deceased, of which he died possessed, or any interest or right of the said Burton of, in, or to, lands within the State of Arkansas, at the time of his death, for the purpose of paying off and discharging debts due by said estate. SEC. 2. Be it further enacted, That said administrator, before completing any contract for the sale of any part of said real estate, he shall exhibit to the county court of said county of Scott, a statement showing the amount of debts against said estate, with the names of the persons to whom payable, for the payment of which the sale of lands of said estate is intended by him to be made, which exhibit shall be filed in the office of said county court, and in addition to the statement of said exhibit, the said administrator shall file in the office of said county court the written assent of the widow of said Robert Burton, deceased, to the sale of so much of said real estate as shall be sufficient to discharge said debts, with her agreement under seal, and duly acknowledged before a competent officer, that she will fully relinquish, make over, and convey to any purchaser or purchasers of such lands, all her right of dower and interest that she may have in and to the land sold under the provisions of this act. SEC. 3. Be it further enacted, That said administrator shall not be empowered by any construction which may be given to this act, to sell more of said real estate than shall be sufficient to discharge the debts due by said estate: Provided, however, he may sell more than sufficient where the tract sold is large, and in his opinion could not be divided to an advantage to the estate. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 24th December, 1840. of the Senate. A. YELL. An act to divide the city of Little Rock into electoral districts. SECTION. 1, Districts how bounded. 2. County court to appoint judges. SECTION. 3. Conflicting laws repealed. Be it enacted by the General Assembly of the State of Arkansas, That all that portion of the city of Little Rock lying west of East Main street shall constitute and form a separate and distinct electional district, to be known as the 1st electoral district; and all that portion of the city aforesaid, lying east of East Main street shall constitute and form a separate and distinct electoral district, to be known as the 2nd electional district. SEC. 2. And be it further enacted, That the county court of Pulaski county shall, at their session next preceding any general or special election, appoint three judges of election in each of said electional districts, and designate the place at which, in each of said districts, elections shall be held, as is now provided by law. SEC. 3. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act, be, and they are hereby, repealed; and that this act shall take effect, and be in force, from and after its passage. SEC. 4. Be it further enacted, That so much of the north half of the townships or parts of townships seven south, as lays east of Saline river and west of the Jefferson county line, be attached to, and constitute a part of Saline county; and that the south half of said townships or parts of townships, be attached to, and constitute a part An act appointing and incorporating the trustees of the Rocky Comfort 3. Meetings, when held. Academy. SECTION. 5. Separate establishment for females. 6, Right of conscience not to be interfered with. SECTION. 1. Names of trustees. 2. Their powers. 4. May appoint officers, &c. Whereas, for the purpose of concentrating the efforts, and giving stability to the exertions of a portion of the citizens of Sevier county, who are endeavoring to advance the cause of education, by erecting an academy for the instruction of youth; Therefore, Be it enacted by the General Assembly of the State of Arkansas, That Benjamin F. Hawkins, John W. Nunnelly, Jacob Lowell, Robert Hamilton, James Holman, George Taaffe, and Benjamin H. G. Hartfield, be, and they are hereby, constituted a body politic and corporate, to be known by the name and style of the "Trustees of the Rocky Comfort Academy," and by that name shall have perpetual succession and a common seal. SEC. 2. Be it further enacted, That the said trustees thus appointed and incorporated, and their successors, by the name and style aforesaid, shall be capable in law, of suing and being sued, pleaded and being impleaded in all courts and places whatever; and also to purchase, receive and to hold to them and their successors in office, any lands, tenements, goods, chattels, monies or effects of whatsoever kind the same may be, either given or devised, purchased or leased for the use of said academy; and may sell, dispose of, and use the same as may seem to them most conducive to the interest of said institution. SEC. 3. Be it further enacted, That the said trustees shall meet at the school house in the vicinity of Rocky Comfort, on the first Monday of January, 1841, for the purpose of organizing the board for the transaction of the business of the institution; and that the said board shall meet semi-annually thereafter on the first Mondays of July and January in each and every year, with the privilege of adjourning to such other times and places as they may think proper, and the chairman of said board shall also have power call special meetings thereof, whenever, in his opinion, the interest of the institution requires |