term of such judge's or justice's court, which notice may be given by the officer at the time of serving the summons or levying the order; and if the justice, before whom the trial should be regularly had, is sick, absent, or unable to act, the officer may return the case for trial before the most convenient magistrate: Provided, That if it be made to appear satisfactorily to the judge or justice, by affidavit or other proof, that the defendant has left the county of his residence, and is within the state, the judge or justice shall immediately enter on his docket an order requiring the defendant to appear within fifteen days thereafter, for the trial of such order, and answer to the plaintiff's complaint, or that judgment will be entered against him, and his property sold to satisfy the same; which order shall be served by posting copies thereof in four conspicuous places in the county, one of which shall be at the county seat.

WHEN THIS ACT GOES INTO EFFECT.

SEC. 890. (Amended 1871.) This act, amendatory of the act entitled "The Code of Practice in Civil Cases in Arkansas," approved July 22, 1868, shall take effect and be in force ninety days from and after its passage.

And this act, and the act known as the "Code of Practice in Civil Actions," approved July 22, 1868, as amended by this act, shall constitute and regulate all civil practice and proceedings in all the courts of this state; and all other acts, prescribing or regulating the practice in civil actions in the courts of this state, are hereby repealed.

Approved March 27, 1871.

No. XLIX.

AN ACT to amend an act entitled, "Code of practice in criminal cases in the State of Arkansas," approved July 22, 1868.

TITLE II.-CRIMINAL JURISDICTION OF THE COURTS OF THE

STATE.

SECTION 10. Jurisdiction of the various courts defined.

TITLE III-PROCEEDINGS FOR THE ARREST OF CRIMINALS.

CHAPTER I.-Warrant of arrest.

SECTION 25. Where the offense is a misdemeanor, bail may be given at once. TITLE IV.-PROCEEDINGS IN THE EXAMINING COURT.

SECTION 66. Justices of the peace have no power to admit to bail in capital cases.

SECTION 152. Civil code to regulate the production of evidence, with some exceptions; how stenographer paid.

CHAPTER IX.-Judgment.

SECTION 286. In misdemeanors, judgment for costs may be rendered against defendant.

TITLE VII.—PROCEEDINGS IN POLICE OR CITY COURTS.

SECTION 312. How issues of law and fact tried.

TITLE VIII.-PROCEEDINGS IN JUSTICES' COURTS.

TITLE X.-PROCEEDINGS TO PREVENT THE COMMISSION OF OF

FENSES.

CHAPTER IV.-Habeas corpus.

SECTION 388. Writ of habeas corpus regulated by this chapter.

TITLE XI.-IMPEACHMENT.

SECTION 393. The Senate to appoint a day for hearing, and summon the accused; nature of the summons.

SECTION

TITLE XII.-MODE OF SELECTING JURIES.

SECTION

401. Circuit court shall appoint jury 407. Grand juror may be indicted;

412 Repeals all laws in conflict with 413. Codes to be digested, indexed it. and re-arranged, and by whom. Be it enacted by the General Assembly of the State of Arkansas:

That the act entitled "Code of practice in criminal cases in the State of Arkansas," approved July 22, 1868, be and the same is hereby re-enacted, and the following enumerated sections of the said act are hereby so amended as to read as follows:

TITLE II-CRIMINAL JURISDICTION OF THE COURTS OF THE

STATE.

SECTION 10. (Amended 1871.) Jurisdiction of the various courts defined. The jurisdiction of the various courts of this state for the trial of offenses, shall be as follows:

First. The Senate of Arkansas have exclusive jurisdiction. of impeachment.

Second. The Supreme Court shall have general supervision. and control over all inferior courts, in criminal cases.

Third. The circuit courts have general jurisdiction for the trial of all offenses which may be prosecuted by indictment, and all prosecutions and penal actions, except as follows:

Fourth. City and police courts shall have exclusive jurisdiction of all prosecutions and actions for an infraction of the bylaws or ordinances of the city or town in which they are located, and concurrent jurisdiction with the circuit courts and justices' courts of prosecutions for misdemeanors committed in the town or city, where the punishment is a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or both; and, also, concurrent jurisdiction in the cases provided by the special statutes creating or regulating such

courts.

Fifth. In criminal causes, the jurisdiction of courts of justices of the peace shall extend to all matters less than felony, such as petit larceny, assaults, affrays and vagrancy, for final determination and judgment: Provided, That circuit courts shall have jurisdiction concurrent with justices courts in all such cases, and in all criminal and penal causes, except where exclusive jurisdiction is given to city and police courts.

TITLE III.-PROCEEDINGS FOR THE ARREST OF CRIMINALS.

CHAPTER I.-WARRANT OF ARREST.

SECTION 25. (Amended 1871.) Where the offense is a misdemeanor, bail may be given at once. If the offense charged is a misdemeanor, the person arrested may immediately give bail

for appearing on a day to be named in the bail bond, either before the magistrate who issued the warrant, or the judge of the probate court, for an examination of the charge, or before the court having jurisdiction to try the offense. The sheriff or other officer making the arrest may be authorized by the justice issuing the warrant to take the bail herein mentioned, by an indorsement made on the warrant to that effect.

TITLE IV.-PROCEEDINGS IN THE EXAMINING COURT.

SECTION 66. (Amended 1871.) Justices of the peace have no power to admit to bail in capital cases. Justices of the peace shall have no power to admit to bail in cases of murder, manslaughter, or any capital offense.

If an examination before a justice of the peace in a case of felony, the justice shall proceed, as far as practicable, in the manner prescribed in the preceding sections of this title; and it shall not be necessary, for the purpose of such examination, to associate with him any other justice of the peace.

TITLE V.-BAIL.

CHAPTER I.-ADMISSION TO BAIL.

SECTION 79. (Amended 1871.) Who may take bail. No peace officer, except a sheriff or under-sheriff, can take bail, except as provided in section twenty-five of this act.

SEC. 95. (Amended 1871.) Prosecuting attorney allowed per centage on bail bond. The prosecuting attorney for the circuit shall be allowed ten per cent. of the amount collected on forfeited bail bonds and recognizances.

TITLE VI.—TRIAL.

CHAPTER IV.--PRODUCTION OF EVIDENCE.

SECTION 152. (Amended 1871.) Civil Code to regulate the production of evidence, with, some exceptions. How stenographer to be paid. The provisions of the code of practice in civil actions. shall apply to and govern the summoning and coercing the attendance of witnesses, and compelling them to testify in all