cate shall be of like effect as though no action had been taken by any pretended authorities as aforesaid. SEC. 2. Be it further enacted, That all lands claimed, held or occupied under any pretended sale as aforesaid, and no certificate issued therefor, as provided in section one of this act, before the first day of April, one thousand eight hundred and seventy-two, shall be sold and disposed of as other state lands: Provided, That any person holding any pretended certificate or patent from any pretended state authority for any lands, shall have a pre-emption right thereto until the thirty-first day of March, one thousand eight hundred and seventy-two. SEC. 3. Be it further enacted, That the commissioner of immigration and state lands be and he is hereby fully authorized to appoint one clerk in said office to act as deputy, which appointment shall be made in writing, and the deputy so appointed shall take the oath prescribed by law, which oath shall be indorsed upon the letter of appointment, and said letter of appointment shall be filed in the office of the secretary of state, and said commissioner shall be responsible for all acts done or performed by his deputy in the performance of his official duties. SEC. 4. Be it further enacted, That in all cases where it appears, from the records of said commissioner's office, that certificates of purchase for lands purchased before the (6th) sixth day of May, 1861, were surrendered to any person in charge of any of the land departments of this state after the fifth (5th) day of May, 1861, and before the 18th day of April, 1864, and pretended holding or patent certificates were issued therefor, the commissioner of state lands shall, upon application, issue valid certificates without further proof of loss of said original certificates; the said commissioner is hereby authorized to employ a sufficient clerical force to discharge the duties of his office, at such compensation as is usual in other departments of state. SEC. 5. Be it further enacted, That all laws or parts of laws in conflict with this act are hereby repealed, and that this act shall take effect and be in force from and after its passage. Approved March 23, 1871. ties come under provisions of 12. When judges of circuit courts to act, and declare same by proc- 4. Duty of prosecuting attorneys 13. 5. Duty of sheriffs under this act; 6. Duty of circuit clerks under this act; fees of. 7. Seal of court. 8. When court to be held; length of session. direct transfer of indictments, pleas, etc.; clerk to transfer same, and make disposition of papers as in circuit court. Persons confined in jail of county, under criminal charge before circuit court, shall answer before criminal court; to be admitted to bail. 14. Duty of circuit court to recognize 9. Judge may convene court, when ; 10. Duty of county clerk to provide 16. dockets, etc., for court; to di- 11. What jurisdiction in criminal persons under bail for criminal charges, to appear before criminal court at its next sitting; in case such persons forfeit bail, papers to be transferred to criminal court; court to adjudicate rights of parties thereunder. Persons under bail to appear be fore circuit court may, on application, have papers in their case transferred to criminal · court; to have also written consent of securties; criminal court to have jurisdiction. Persons appearing before circuit court in obedience to bail, and refusing security for appearance as per section four, to be committed to jail; papers to be transferred as though person had been under bail. 17. In case of change of venue; law in regard to same not changed. 18. Conflicting laws repealed. 19. Act to take effect from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That courts to be styled the criminal courts of (such counties as may come under the provisions of this act) be, and the same are hereby established, as inferior courts of the State of Arkansas, with jurisdiction as hereinafter provided, in such counties of this state as contain, by the United States census of 1870, fifteen thousand (15,000) inhabitants or upward, except the county of Washington, the judges of which courts shall be subject to the same rules an l limitations and possessed of such power and authority as are now or may hereinafter be conferred upon the judges of the several circuit courts of the said state, except as hereinafter provided. SEC. 2. Said criminal courts shall have no civil jurisdiction, except upon summons in the nature of forfeited recognizance, and shall have such criminal jurisdiction as is provided by law for the circuit courts for the State of Arkansas. SEC. 3. It shall be the duty of the Governor of this state to ascertain what counties come under the provisions of this act, and announce and declare the same by public proclamation, under the seal of the state, and thereupon appoint some person learned in the law and conversant with the criminal law and practice of this state, and a resident of the county, as judge of said criminal court in each of said counties, who shall be styled the judge of the criminal court of such county, who shall hold his office for the same term as is now provided by law for judges of the circuit courts of this state, and shall receive the same compensation as is now allowed by law to circuit judges; which compensation shall be paid quarterly by the respective counties affected by the provisions of this act. SEC. 4. It shall be the duty of the prosecuting attorneys of the judicial districts in which the counties are situated that come under the provisions of this act, to attend before said criminal courts at all of their stated or special sittings, and prosecute in the name of the state, as is now provided by law for prosecuting attorneys for the respective judicial districts: Provided, That should the prosecuting attorney be necessarily absent in attendance upon other official duties, or for other cause, he shall appoint, with the approval of the court, a suitable assistant, learned in the law, who shall take the same oath as said prosecuting attorney is required by law to take, and shall attend upon said court and prosecute in his stead. SEC. 5. It shall be the duty of the respective sheriffs of the counties coming under the provisions of this act, to attend upon said criminal court himself, or by proper deputies, at all times when said court is in session, and shall execute all processes from such court issuing, and shall receive the same compensation as is now allowed by law for similar services. SEC. 6. The respective circuit clerks of the counties coming under the provisions of this act, shall be ex officio clerk of said criminal court, and shall, by himself, or proper deputies, be in attendance upon said court at all its sittings, keep the minutes, preserve the records, and issue the process thereof, in all respects as is now by law provided shall be done by the clerks of such circuit courts of said state as retain criminal jurisdiction, and shall receive similar fees for such services. SEC. 7. Said criminal courts shall have a seal, which shall be used by the clerks thereof, in all respects as is or may be provided by law for the seals of the other courts for the State of Arkansas. SEC. 8. The courts provided for by this act shall be held upon the first Mondays of May, September and January in each year, at the county seats of the respective counties coming under the provisions of this act, and shall remain in session at each term until the business before them is disposed of. SEC. 9. It shall be lawful for the judge of said criminal court to convene said court at any time when there are persons in confinement in the county jail awaiting trial, if in his judgment the public interest requires it, in which case he shall direct the sheriff of said county to select a good and lawful grand and petit jury, living as near the county seat of said county as possible, who shall be duly impaneled, and proceed to investigate and determine the case of all persons so confined: Provided, No special term shall be held, except upon ten days' notice thereof to each person in jail so awaiting trial: Provided further, That the judge of said court may use his discretion in such cases as present grounds of right for a continuance: And provided further, That no person who has had a continuance to a regular term shall be compelled to go to trial at such special term, but may if he so desires. SEC. 10. That immediately upon the passage of this act, it shall be the duty of the respective circuit clerks of the counties coming under the provisions of this act, to provide suitable dockets and other books for said criminal court, and he shall direct the sheriff of such county to summons the grand jury selected by the county court, or otherwise, or that may hereafter be selected by said court, or in any other manner as the grand jury for the circuit court of such county, to appear before said criminal court; and if said jury, or any portion thereof, have been summoned to appear before said circuit court, they shall be re-summoned to appear before said criminal court, and the sheriff shall have power, and shall discharge them from their said summons to appear before said circuit court. SEC. 11. The circuit courts of the respective counties, coming under the provisions of this act, shall not have or retain any jurisdiction in criminal matters, except so far as may be necessary to transfer all criminal proceedings to said criminal courts under the provisions of this act, but such jurisdiction as is now possessed by said circuit courts in selecting grand and petit juries, impaneling the same, issuing criminal process, directing bail in criminal cases and doing any and all things in any way relating to criminal proceedings, shall be, and the same is hereby conferred upon said criminal courts, which shall in all respects determine the same according to laws now governing circuit courts of said state, retaining criminal jurisdiction not in conflict with this act; and that appeals may be taken from all final judgment of such criminal courts to the Supreme Court, as is now allowed or hereafter may be allowed by law from the final judgments of circuit courts: Provided, Nothing in this act shall be construed as to deprive such |