No. XLVI.

A BILL entitled An act to change the time of holding probatec ourt in Dal

las county.

SECTION

1. Former act amended.

2. Time of holding court hereafter.

| SECTION

3. Act to take effect from and after its passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That so much of an act entitled "An act fixing the time for holding probate courts in the several counties of this state," so far as it relates to the county of Dallas, be and the same is hereby amended so as to read as follows:

SEC. 2. Be it further enacted, That the time for holding the probate courts in Dallas county shall be on the first Monday in February, May, August and November in each year.

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage.

Approved March 27, 1871.

No. XLVII.

AN ACT to define and establish the boundary line between the counties of Johnson and Pope.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas: That the following shall be the dividing line between the counties of Johnson and Pope, and the same is hereby established, to-wit: Commencing at the mouth of Big Piney creek, on the east bank thereof, and following up the

east bank of said creek to where the said creek crosses the line dividing townships eight (8) and nine (9); thence running east on said line between townships eight (8) and nine (9), to the line between range twenty (20) and twenty-one (21); thence north on said line dividing said ranges, to the southern boundary line of Newton county.

SEC. 2. Be it further enacted, That it shall be the duty of the county clerk of Pope county to make out and lay before the county court of said county, at the first term thereafter the taking effect of this bill, a complete statement of the indebtedness of Pope county up to that time, which shall be examined, and if found correct, shall proceed to ascertain what portion of said indebtedness would fall to the inhabitants of that portion of Pope county which by this act is added to Johnson county, making the estimates from the assessment lists of the year 1870, which said statement made by the clerk, and apportionment of indebtedness by the court, with a copy of all records and proceedings therein, shall be transmitted by the clerk of said county of Pope, to the clerk of the county court of Johnson county, who shall lay the same before the county court of said county of Johnson at its next regular term thereafter; and if found correct, the same shall be entered at length of record in the proceedings of said county court of Johnson county, and the same shall thereafter be and become the debt of said county of Johnson, to be paid by the inhabitants who reside in that portion of Johnson county which is by this act stricken off of the said Pope county.

SEC. 3. Be it further enacted, That all administrators, executors and guardians residing in that portion of the county of Pope which by this act is stricken off and added to Johnson county, and who had before the taking effect of this act administered on any estate, or taken on him, her or them, the last will, testament or guardianship of any minor or minors resident within that part of the said county of Johnson which by this act is stricken off of the said county of Pope, may procure from the clerk of the county of Pope a transcript of the record of their respective cases and the papers belonging

thereto, and file the same in the office of the clerk of the county of Johnson probate court at any time after this act shall go into effect, and before final settlement of their respective administratorships, executorships or guardianships, according to law, and be subject to the same penalties that they would have been in the said county of Pope, before taking effect of this act.

SEC. 4. Be it further enacted, That all executions which may have been issued upon any judgment rendered in any of the courts of the county of Pope, previous to the taking effect of this act, against any person or persons residing in that portion of the county of Johnson which is by this act stricken off of the county of Pope, shall be turned over to the sheriff of Johnson county, which shall be proceeded with by him as if judgment had been rendered in the said county of Johnson, except that he shall return the same to the court from which it issued, in the said county of Pope, according to the mandate of such writ.

SEC. 5. Be it further enacted, That the sheriff of the county of Pope shall have the right to go into the county of Johnson, or that part which is by this act stricken off of the county of Pope, for the period of twelve (12) months, to collect any arrears of taxes that may be due the said county of Pope before the taking effect of this act.

SEC. 6. Be it further enacted, That in all criminal cases now pending in the circuit court of Pope county, when the defendant resides in that portion of Johnson county which by this act is stricken off of the said county of Pope, it shall be the duty of the clerk of the county of Pope to furnish the clerk of the circuit court of the county of Johnson a complete transcript of the records and proceedings in said cases, and also to furnish the depositions and other papers which may have been taken in such cases and remaining in the office of the clerk of the circuit court of the county of Pope, to be held by the circuit court clerk of the county of Johnson, and place upon the record of the said circuit court of the said county of Johnson,

which shall be taken and considered as part of the record of the county of Johnson, and be proceeded in as though the case had originated in the said county of Johnson; and that the circuit court clerk of the county of Pope shall be paid for transcripts, depositions and any other papers with the circuit court seal of the said county of Pope, that the circuit court clerk of Johnson county may call on him for, according to law.

SEC. 7. Be it further enacted, That in all civil suits now pending in the county of Pope, where all the parties thereto reside in that portion of the said county of Johnson which by this act is stricken off of the county of Pope, either party may obtain from the circuit court of the said county of Pope, transcript of all the records and proceedings in said cases, together with the depositions and papers thereto belonging, and file the same in the office of the circuit court of the county of Johnson, and the same shall be considered a record of said circuit court of the county of Johnson, and the same shall proceed as though it had originated therein: Provided, That the party obtaining said transcript of such removal, shall pay all the costs thereon, and shall not recover the same in suit or otherwise, and that he give the opposite party, if a citizen of the county, and if not, then his attorney of record, at least twenty days' notice before the term of the circuit court of the county of Johnson thereafter.

SEC. 8. Be it further enacted, That should any office in the .county of Pope become vacant by the force of this act, whose duty and jurisdiction apply to the whole county, such vacancy shall be filled by appointment of the Governor until the next general election.

SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act, be and are hereby repealed, and that this act take effect and be in force from and after its passage.

Approved March 27, 1871.