said suit. But if the defendant shall have given bond for the retention of the property attached, as provided by section four hundred and six (406) of Gantt's Digest, and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached, and the court shall, in addition to judg ment against said defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case said property shall not be delivered up to the proper officer to be sold, and said officer shall not be able to make said judgment out of the property of said defendant, execution shall then issue against the property of said sureties for so much of said judgment as shall not exceed the value of said property, which execution shall be enforced as in other cases.

SEC. 2. Be it further enacted, That this act take effect and be in force from its passage. Approved November 10th, 1875.

No. VII.

AN ACT Providing for Change of Venue in Criminal Cases before Justices'

SECTION

Courts.

1. Change of venue in criminal cases before Justices of the Peace.

2. Justices to make the order, when; what the order shall set forth; where entered; papers to be transmitted.

3. Conflicting laws repealed, and when this act to take effect.

Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That any criminal cause pending before any justice of the peace in any county of this State, may be removed to some other township within the county in which the cause is then pending; provided, the defendant shal

first file with such justice an affidavit, setting forth that the justice is a material witness for him, or is so prejudiced against him, or that the inhabitants of the township in which the cause is pending are so prejudiced against him that he cannot obtain a fair and impartial trial in such township.

SEC. 2. Such order of removal shall be made on the application of the defendant, setting forth the foregoing facts verified by affidavit, supported by the affidavit of some other credible person.

SEC. 3. Every order for the removal of a criminal cause shall specify the cause of removal, and designate the township and justice to which the cause is to be removed. Such order shall also be entered on the docket of the justice granting the order, and all the papers in the cause shall be by him transmitted to the justice to whom the cause has been removed.

SEC. 4. All laws in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage.

Approved November 10th, 1875.

SECTION

No. VIII.

AN ACT for the Relief of Purchasers of Swamp Lands.

1. Confirms sale of swamp lands subject to existing equities.

Be it enacted by the General Assembly of the State of Arkansas: [SECTION 1.] That all sales of swamp lands heretofore made by the proper land agents of the State, in which the full price was paid in swamp land scrip or United States or national currency, be and are hereby confirmed, whether such lands had at the date of such sales been confirmed as swamp

and overflowed lands and offered at public sale or not; provided, that this act shall not affect or impair any rights or equities existing at the date of such sales. Approved November 11th, 1875.

SECTION

No. IX.

AN ACT to Permit Sheriffs to take Bail in Certain Cases.

1. Sheriff authorized to take bail and discharge the prisoner in certain

cases.

2. Conflicting laws repealed, and when this act to take effect.

Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That when any sheriff shall commit to the common jail of his county any prisoner, under a bench warrant, in a bailable case, when the amount of bail has been fixed by the circuit judge, and when said sheriff shall so commit, under a warrant from a magistrate who has fixed the amount of bail, it shall be lawful for said sheriff to take the bail and discharge the prisoner, in the same manner as he could have done before the said commitment.

SEC. 2. That all laws or parts of laws in conflict herewith are repealed, and this act take effect and be in force from and after its passage.

Approved November 12th, 1875.

No. X.

SECTION

AN ACT to Re-district the State for Congressional Purposes.

1. Divides this State into four Congressional districts.

2. Counties composing the First district.

3. Counties composing the Second district.

4. Counties composing the Third district.

5. Counties composing the Fourth district.

6. Conflicting laws repealed, and when this act to take effect.

Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That the State of Arkansas shall be divided into four congressional districts.

SEC. 2. That the first district shall be composed of the counties of Arkansas, Clayton, Crittenden, Craighead, Cross, Desha, Green, Independence, Jackson, Lee, Lawrence, Lonoke, Mississippi, Monroe, Phillips, Poinsett, Prairie, Randolph, St. Francis, Woodruff and White.

SEC. 3. That the second district shall be composed of the counties of Ashley, Bradley, Calhoun, Chicot, Columbia, Dorsey, Dallas, Drew, Grant, Hempstead, Howard, Jefferson, Lafayette, Lincoln, Little River, Nevada, Miller, Ouachita, Union and Sevier.

SEC. 4. The third district shall be composed of the counties of Clark, Crawford, Faulkner, Franklin, Garland, Hot Springs, Johnson, Montgomery, Perry, Pike, Polk, Pulaski, Saline, Sebastian, Scott, Sarber and Yell.

SEC. 5. That the fourth district shall be composed of the counties of Benton, Baxter, Boone, Carroll, Conway, Fulton, Izard, Madison, Marion, Newton, Pope, Stone, Searcy, Sharp, Van Buren and Washington.

SEC. 6. That all acts and parts of acts in conflict with this act be and the same is hereby repealed, and this act take effect and be in force from and after its passage.

Approved November 16, 1875.

No. XI.

AN ACT to Repeal Section 2783 of Chapter 57 of Gantt's Digest.

SECTION

1. Repeals section 2783, chapter 57, which authorized the Auditor to draw certain warrants upon the Treasurer.

Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That section two thousand seven hundred and eighty-three of chapter fifty-seven of Gantt's Digest be and the same is hereby repealed.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved November 16th, 1875.

No. XII.

AN ACT to Change the Time of Holding the Circuit Court of White County.

SECTION

1.

Prescribes the times and terms of the circuit court in White county.

2. The sheriff of White county to give public notice.

3. All writs, process and proceedings returnable at the time fixed by this act. 4. Conflicting laws repealed, and when this act to take effect.

Be it enacted by the General Assembly of the State of Arkansas : SECTION 1. That hereafter the circuit court of White county shall commence on the third Mondays of January and July in each year, and continue for four weeks, or until the business of said court is disposed of.

SEC. 2. That the sheriff of White county, immediately upon the passage of this bill, shall give public notice, by posting hand-bills in each township in said county, and publishing the same at least one time in some newspaper published