overseer, or employer shall cause said slave or slaves to comply with such notice, or on failure to do so, shall forfeit and pay the same sum for each and every slave so failing to work, as is by this act provided for other delinquents, to be enforced and recovered in the same way. SEC. 7. Be it further enacted, That if any overseer shall fail to return a true delinquent list, after each term he may work said road, he shall be fined, on conviction thereof, in any sum not exceeding twentyfive dollars, for the use of the road district. SEC. 8. Be it further enacted, That the several county courts in this State shall have a general jurisdiction in all cases arising under this act, and the other laws in this State in relation to roads; and shall have power to issue all necessary process to cause the parties to come before them for the purposes aforesaid, and to hear and determine the same, and to cause all fines to be levied and collected, which may arise from any infraction of the road laws of this State. SEC. 9. Be it further enacted, That this act shall take effect and be in force from and after its passage. W. S. OLDHAM, Speaker of the House of Representatives. SAM'L ADAMS, President Approved, the 3d Feb., 1843. of the Senate. A. YELL. SECTION An Act to punish persons for enticing away Slaves. 1. Fixes the punishment of persons who induce negroes to abscond. SECTION 2. When justice to issue warrant. Be it enacted by the General Assembly of the State of Arkansas, That every person who shall induce any negro or negroes, mulatto or mulattoes, slaves for life and for a term of years, to abscond from his or their master or mistress, or other person having the legal possession thereof, by means of promises of freedom or reward, or by arguments, or shall aid or abet said escape, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by confinement in the penitentiary of this State, for a term of not less than two nor more than five years. SEC. 2. Be it further enacted, That if any person shall give information, under oath, to any justice of the peace in this State, that he believes any person is about to commit the offence mentioned in the preceding section, said justice shall issue his warrant, directed to the proper officer, for the arrest of the person charged as aforesaid; and upon the arrest of such person, the justice shall examine all the testimony that may be adduced; and if the justice shall be of the opinion that there is reason to believe that there is danger of said offence being committed, he shall cause the person so arrested to give bond, with one or more securities, for from one to five thousand dollars, conditioned for their good behaviour and their appearance at the next term of the circuit court of the respective county, to be discharged, or again recognized, as shall be by said court determined. SEC. 3. And be it further enacted, That this act shall be in force from and after its passage. W. S. OLDHAM, Speaker SAM'L ADAMS, President Approved the 3d Feb., 1843. of the Senate. A. YELL. An Act to amend an Act entitled "An Act to encourage the killing of Wolves in this State," approved 17th December, 1838. SECTION 1. Repeals certain sections of the "act to encourage the killing of wolves." 2. County courts to fix the premium on wolf-scalps. SECTION 3. Form of certificate in such cases. Be it enacted by the General Assembly of the State of Arkansas, That the first and fifth sections of an act entitled "An act to encourage the killing of wolves in this State," approved 17th December, 1838, be, and the same are hereby, repealed. SEC. 2. Be it further enacted, That the county court of each county in this State may, and they are hereby authorized to fix and declare the sum to be paid as a premium on wolf-scalps in their respective counties; and any person who shall kill any wolf in any county in this State, after the taking effect of this act, shall be entitled to and receive the sum so fixed and declared by the county court as a premium, to be paid out of the treasury of the county in which such wolf or wolves shall have been killed. SEC. 3. Be it further enacted, That the certificate to be given by the magistrate, as required by the 2nd section of the act to which this is an amendment, shall be, as near as circumstances will admit, in the following form, to wit: STATE OF ARKANSAS, COUNTY OF I, A. B., magistrate for the county aforesaid, do hereby certify, that the sum of dollars is due to C. D., as a premium for his killing a wolf or wolves, (as the case may be); and the treasurer of the county is hereby directed to pay the same to C. D., or bearer. Given under my hand, this A. D. 18-. A. B., Magistrate, &c. day of SEC. 4. Be it further enacted, That the county courts in the county of Ouachita shall be held on the first Mondays of April, July, October, and January, of every year. W. S. OLDHAM, Speaker of the House of Representatives. "SAM'L ADAMS, President Approved, the 3d Feb., 1843. of the Senate. A. YELL. An Act to repeal the Fifteenth Section of a Law in the Revised Code, SECTION Chapter Twenty-three. 1. Repeals the 15th section, of chapter 23d, in the Revised Code. SECTION 2. Notice, how given, and nature of. 3. When to take effect. Be it enacted by the General Assembly of the State of Arkansas, That the fifteenth section of a law in the Revised Code, chapter twenty-three, be, and the same is hereby, repealed. SEC. 2. Be it further enacted, That if any complainant, or some person for him, shall file with his bill or petition an affidavit, that part or all of the defendants are non-residents of the State, the court, or clerk thereof in vacation, shall make an order, directed to the nonresident defendants, notifying them of the pendency of the suit, in which order and notice it shall not be necessary to state the substance of the bill or petition, but the names of the parties and the nature of the complaint shall be stated in general terms, which shall be sufficient; which notice shall require the non-resident defendants to appear, on a day therein named, allowing sufficient time for publication, or the bill or petition will be taken as confessed. SEC. 3. Be it further enacted, That this act shall take effect, and be in force, from and after its passage. W. S. OLDHAM, Speaker of the House of Representatives. SAM'L ADAMS, President Approved, the 3d Feb., 1843. of the Senate. A. YELL. An act authorizing the Judges of the Circuit Courts of this State to exchange Circuits, and hold Courts for each other. Be it enacted by the General Assembly of the State of Arkansas, That the judges of the first and second, of the third and fourth, of the fifth and sixth, and seventh judicial circuits of this State, shall exchange circuits and hold courts for each other, when such exchange shall be necessary, as hereinafter provided. SEC. 2. Be it further enacted, That whenever the judge of any judicial circuit in this State shall be by law disqualified from presiding on the trial of any cause or causes pending in any of the circuit courts in his circuit, it shall be the duty of such judge to notify the judge with whom by this act he is authorized to exchange, of the same, by a notice in writing, therein requesting said judge temporarily to exchange circuits with him, or to hold courts for him, as the case may be, for such time as by said judges shall be agreed upon; and thereupon, it shall be the duty of the judge thus notified, to make known in writing to the judge thus requesting such exchange, whether he will comply with said request, and what courts he will hold for him, if any; and should such judge decline or refuse to hold said court or courts for any cause whatever, or should he be absent from the State, it shall be the duty of the judge of the circuit to certify the cause or causes, from presiding in which he may be disqualified by law, to the Governor of the State, and the Governor shall immediately commission specially a man of law knowledge, for the trial and determination of any or all such cause or causes, and said judge of the circuit shall preside on and try all other cause or causes in courts of his circuit. SEC. 3. Be it further enacted, That it shall only be necessary for said judge to hold any courts in the counties in which such cause or causes specified in the second section of this act, may be pending, if it may be practicable, otherwise said judges, so exchanging, shall hold the courts in the entire circuit; but in no event shall such exchange continue longer than may be necessary to try and determine the particular cases so certified; Provided, Such courts be holden at the regular terms prescribed by law. SEC. 4. Be it further enacted, That if the cause or causes specified in said second section be not finally disposed of during such exchange, it shall be the duty of such judges to continue as aforesaid to exchange circuits or hold courts for each other, until such causes be finally disposed of. SEC. 5. Be it further enacted, That the judges so exchanging shall possess all the power and authority, which the judges regularly elected for said circuit possess, and their acts as such shall in all things be équally valid and legal. SEC. 6. Whenever any agreement is made, or notice given, to interchange circuits or hold courts for each other, the regular judge of the circuit or court, shall cause to be entered upon the record of such court which is to be held by another judge, a statement of the agreement made, and of the fact that such other judge will hold such court at the next term thereof, or for as many terms as said judges may have agreed upon. SEC. 7. This statement shall be entered, if practicable, in term time, but if not, it shall be entered on the record of each court at least sixty days previous to the first day of the term so to be holden by such other judge, by the clerk, upon the written certificate of the regular judge, stating the facts of the agreement, and if such order is not entered of record, at least sixty days before the first day of the term, the judge shall have no authority to hold such court. SEC. 8. Whenever any transcript of any proceedings before such judge is made out, the statement hereby required to be entered on the record, shall be prefixed to such transcript, as a part thereof. SEC. 9. All acts and parts of acts inconsistent herewith, are hereby repealed. W. S. OLDHAM, Speaker Approved, the 3d Feb., 1843. of the Senate. A. YELL. An Act to found a Board of Education for the State of Arkansas. SECTION 1. What persons to constitute board of education. SECTION 2. Time of holding meetings, and gene. ral powers and duties. SEC. 1. The following persons shall constitute a board of education, by style, "The Board of Education for the State of Arkansas," viz: the Governor of the State, the President of the Senate, the Speaker of the House, the Supreme Judges (ex-officio) of the State, and ten members of the General Assembly, which members of the General Assembly shall be elected every two years hereafter, by ballot, by the General Assembly, on the first day or days of their assembly. |