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SEC. 5. The treasurer, or any person in the employ of the treasurer, and any other person or persons who shall make or cause to be made a treasurer's certificate on bank-note paper, without the proper auditor's warrant for his voucher, shall be deemed guilty of felony, and on conviction thereof shall be imprisoned in the jail and [or] penitentiary house for not less than five nor more than twenty years.

SEC. 6. That a sufficient sum of money is hereby appropriated to defray the necessary expenses incurred in carrying out the provisions of this aet, and that this act be in force from and after its passage; and all laws and parts of laws in eonflict herewith are hereby repealed.

Approved March 16, 1871.

No. XII.

AN ACT to change the times of holding the probate court of Columbia

county.

SECTION

1. When court to be held hereafter. 2. Processes, etc., not impaired by change.

SECTION

3. Conflicting laws repealed, and act in force from passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the probate court of the county of Columbia shall hereafter be holden on the third Mondays of February, May, August and November in each year, instead of the time now fixed by law.

SEC. 2. Be it further enacted, That all writs and process issued out of said court, or by the clerk thereof, previous to the taking effect of this act, and all continuances of said court previous to

the passage of this act, shall not be avoided or impaired, or in any manner affected by the change hereby made in relation to the commencement of said terms, but all such writs or process and continuances had shall be to the terms fixed by this act.

SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act take effect and be in force from and after its passage.

Approved March 16, 1871.

No. XIII.

AN ACT to change the time of holding the White county circuit court.

SECTION

SECTION

1. When court to be held hereafter.

2. Processes, etc., returned with. same effect as though no change had been made; act in force from passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the White county circuit court shall hereafter be begun and holden at the court house in said county on the third Mondays in February and August of each year.

SEC. 2. Be it further enacted, That all writs, recognizances and processes of every character returnable to said court shall be returned at the time specified in this act, with like effect as though no change in the time of holding said court had been made, and that this act take effect and be in force from and after its passage.

Approved March 16, 1871.

No. XIV.

AN ACT to enlarge the jurisdiction of the Probate Courts.

SECTION

1. Where probate courts to have original jurisdiction.

2. How appeals may be taken and proceedings thereupon.

3. What is required by party appealing.

4. This act not to interfere with

pending cases.

SECTION

5. Not to be construed as limiting jurisdiction of other courts in the state.

6. Conflicting laws repealed, and act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION 1. The probate courts of this state shall have original jurisdiction in all matters whatever, relating to the administration of the estates of deceased persons, the management and control of orphans and persons of unsound mind, and the estates of such persons, and partition of estates and sale of lands for payment of debts; also of distribution; and the said probate courts are hereby clothed with all necessary jurisdiction, both at law and in equity, to carry this act into effect.

SEC. 2. Appeals may be taken from said probate courts to the circuit courts, but shall be taken without bills of exception, and in the manner and within the time that appeals are now taken from justices courts; that is to say, the party appealing shall produce, within sixty days after the rendition of the judgment, to the clerk of the circuit court, a certified copy of the judgment, and amount of costs, and cause to be executed before said clerk, by one or more sufficient sureties, to be approved by the clerk, a bond, to the effect that the appellant will satisfy and perform the judgment that shall be rendered upon the appeal; whereupon the clerk shall issue a mandate to the judge rendering the judgment or decree, as the case may be, notifying him that an appeal has been taken in the cause, and to stay all further proceedings on the same, and to transmit to the office of said clerk all the original papers therein, and

the appellee shall be actually or constructively summoned to appear and defend the appeal, and the case, when removed into the circuit court, shall be tried de novo, as if no judgment, had been rendered; and any matter can be pleaded in said circuit court which could have been pleaded in the court below.

SEC. 3. The party appealing, besides executing the bond, as required by section three of this act, shall file with said clerk of the circuit court, an affidavit that the appeal is not taken for delay or vexation, but that justice may be done.

SEC. 4. This act shall not interfere with any cases now pending in the circuit or other courts.

SEC. 5. This act shall not be construed as limiting or abridging the jurisdiction of the circuit or any other courts of this state, but simply, as enlarging the jurisdiction of the probate

courts.

SEC. 6. All laws in conflict with this act are hereby repealed, and this act shall take effect thirty days after its passage. Approved March 16, 1871.

No. XV.

A BILL to be entitled An act to provide for clerks of circuit courts in certain counties, and define their duties....

SECTION

1. Counties of 15,000 inhabitants

to elect a clerk of circuit court;
Governor to appoint until next
general election.

2. Clerks of circuit courts under
this act to be recorders for
their counties; county clerk
to turn over books, etc.

SECTION

3. To enter into bond in sum of $15,000, to be approved by circuit judge; bond to be filed in office of secretary of state. 4. Conflicting acts repealed, and this act in force from passage.

SECTION 1. Be it enacted by the General Assembly of the State

of Arkansas, That hereafter, in all counties in this state, having a population of fifteen thousand or upwards, to be determined by the census taken by authority of the United States, in the year one thousand eight hundred and seventy, there shall be elected by the qualified voters of any such county a clerk of the circuit court for such county, who shall hold his office for the term of four years, and until his successor shall be elected and qualified: Provided, That until the next general election, to be held in this state, the Governor shall appoint a clerk of the circuit court for each county which shall be entitled to the same under the provisions of this act, and such appointee shall hold the office and perform the duties of circuit clerk until the next general election.

SEC. 2. Be it further enacted, That the clerks of the circuit courts of the several counties of this state, referred to in this act, shall hereafter, by virtue of their office, be recorder of their respective counties, and it shall be the duty of the county clerk of any such county, who have heretofore, by virtue of their office, been recorder of their county, to turn over to the clerk of the circuit court, upon application therefor, all the records, books, documents, papers and property of every description in his possession, belonging to the office of recorder of his county.

SEC. 3. Be it further enacted, That each clerk of the circuit court appointed or elected under the provisions of this act, shall enter into bond, with good and sufficient security, to the state, in the sum of fifteen thousand dollars ($15,000), conditioned that he will well and truly perform the duties of his office, and pay over to the proper officer or person all moneys that may come into his hands by virtue of his office; and that he, his executors or administrators will deliver to his successor, safe and undefaced, all books, papers, records, seals and furniture belonging to his office. Such bond shall be approved by the circuit court, in term time, or by the judge thereof in vacation, and shall be recorded in said county and filed in the office of the secretary of state.

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