purchased as aforesaid, to come forward and file their claims with said commissioner within six months from the date of said notice; and all claims, vouchers and accounts not so filed with the said commissioner within that time, shall be barred from the benefit of this act: Provided, That no claim, voucher or account shall be filed by said commissioner unless the same shall have first been indorsed by the adjutant general, as hereinafter provided, who is declared to be on duty for that purpose, and to whose office and custody all books, abstracts and returns relating to the quartermaster's department are hereby transferred. SEC. 3. That said commissioner is hereby authorized to designate one or more justices of the peace in each county to take depositions and proof of claims for property taken or purchased for the use of said militia forces, whose duty shall be to reduce to writing, in the form of a deposition, the evidence of such witnesses as may be produced before him, touching any claim, voucher, or demand for any property taken or purchased as aforesaid, which said deposition, together with a copy of the claim, voucher, or account, in respect of which the evidence is taken, shall be inclosed in an envelope and sealed up, and indorsed: "A B, claimant, vs. the State of Arkansas,” with the name of said justice written across the reverse side thereof, and directed and transmitted to said commissioner at Little Rock: Provided, however, That nothing herein contained shall be so construed as to prevent said commissioner from hearing oral testimony for or against any claim. Any justice taking testimony as aforesaid shall be entitled to charge and collect from the claimant, for his services in taking such deposition, ten cents for every one hundred words, and one dollar for his certificate thereto. SEC. 4. The holder of any claim, voucher, or account aforesaid, shall first present the same to the adjutant general of the state, who shall indorse thereon such evidence as may appear in relation thereto upon the books, abstracts, and returns in his office; and if no evidence appears concerning the same upon said books, abstracts and returns, he shall so certify, and deliver said claim, voucher or account to the holder thereof, who shall file the same, together with a statement or declaration in writing, and verified by affidavit, stating the time, place, and officer or person by whom said property was taken or purchased, and the value thereof, with said commissioner, who shall enter the same upon a book to be kept by him for that parpose, entitling the case claimant, vs. the State of Arkansas; and if said commissioner shall be satisfied from the evidence adduced before him that said claim, voucher or account is correct, and that said property was actually purchased or taken for the use of said militia forces, he shall allow the same, or so much thereof as is proven justly due, and shall enter up his findings in said case in said book, in the nature of a judgment against the state in favor of the claimant, for the sum found due him; but if said commissioner shall be of the opinion that said claim, voucher or demand is unjust, fraudulent or unfounded, he shall enter up his finding accordingly, which shall forever bar a recovery upon such claims: Provided, however, That no claim, voucher or account shall be allowed unless the claimant shall file his affidavit to the effect that he has not, since the adoption of the constitution of 1868, endeavored to overthrow, or counseled or advised the overthrow of the government of the state, as established under said constitution; that he has not been a member of any party or organization which has for its object the overthrow of said government, and the resistance of the laws thereof; and that he did not in any manner, directly or indirectly, participate in the resistance of the laws of this state, to suppress which said militia forces were called into service. SEC. 5. When the commissioner shall find for the claimant, he shall make out and deliver to such claimant, or his attorney, a certified transcript of his finding, which the said claimant shall file with the auditor of public accounts, who shall thereupon draw his warrants upon the treasurer of the state, in favor of the claimant, or bearer, for the sum of money 1 in said certified finding of the commissioner, payable out of the monies hereinafter appropriated for that purpose. SEC. 6. The commissioner shall open his office as aforesaid, and the same shall be open for the transaction of business for the period of twelve months, when said office shall be closed, and said commissioner shall file all the records, books and papers in his possession, pertaining to his office, in the office of auditor of state, who shall safely keep and preserve the same. SEC. 7. The commissioner shall receive, in compensation for his services, a salary of twenty-five hundred dollars, out of the money hereby appropriated, to be paid on the warrant of the auditor, in like manner as the salary of other state officers are paid. The necessary and contingent expenses of said office shall be certified by the commissioner to the auditor of public accounts, who shall draw his warrant upon the treasurer of state therefor. SEC. 8. That the sum of one hundred and twenty-five thousand dollars be and the same is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, for the payment of such claims as may be allowed by such commissioner, and the salary and contingent expenses of said commissioner; and that the further sum of dollars be and is hereby appropriated to pay balance due said militia forces. for services rendered, which shall be paid by the treasurer, out of any money in the treasury not otherwise appropriated, upon the requisition of the adjutant general, countersigned by the Governor, and shall be disbursed and paid to the said forces in accordance with existing laws. SEC. 9. In all cases where the sum demanded exceeds fifty dollars, and the commissioner finds against the claim, the claimant shall have the right to take his case to the circuit court of Pulaski county, by appeal, in like manner and under the same restrictions as appeals are allowed from justices of the peace to said court; and in all cases where an appeal is taken, the commissioner shall transmit to the clerk of said circuit court the original papers in said cases, including deposi tions and proof on file in his office, together with a transcript. And thereupon said circuit court shall proceed to try said case de novo, and if judgment shall be rendered in favor of said claimant, by said court, the clerk thereof shall certify the same to the auditor of state, who shall draw his warrant on the treasurer of state, payable to said claimant or bearer, for the amount of said judgment: Provided, however, That said claimant shall pay all costs that may acerue upon such appeal, whether judgment be rendered in his favor by the said circuit court or not. SEC. 10. The circuit court of Pulaski county shall not have, and is hereby denied original jurisdiction in any claim against the state, for services rendered, or property taken or purchased, for the use of the militia forces aforesaid. SEC. 11. This act shall be in force and take effect from and after its passage. Approved March 28, 1871. No. LV. AN ACT to provide for the compensation of jurors. SECTION SECTION 1. Per diem of grand and petit 2. Conflicting laws repealed; act jurors; how paid. to take effect from its passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That each grand and petit juror shall receive two (2) dollars per day, and that the clerk shall give to each grand and petit juror a certificate of his services, which the treasurer of the county shall pay on presentation out of any money in the treasury not otherwise appropriated. SEC. 2. All laws and parts of laws in conflict with this act are hereby repealed, and this act to take effect from and after its passage. Approved March 28, 1871. No. LVI. A BILL entitled An act to enable the state to comply with its obligations: incurred for personal services under the recently repealed levee act of the General Assembly of this state. SECTION 1. Personal services rendered to state under provisions of said act, not heretofore paid, to be paid; from what appropriation and on what terms. SECTION 2. Act to take effect from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. Payment for personal services in good faith rendered to the state under the provisions of an act entitled "An act providing for the building and repairing of the public levees of the state, and for other purposes," approved March 16, 1869, shall, if the account for such services shall already have been duly certified under the provision of the said act, and still remains unpaid, be made from the appropriation contained in the act of General Assembly entitled "An act to amend an act providing for the building and repairing of the public levees of the state, and for other purposes." SEC. 2. This act shall take effect and be in force from and after the date of its passage. Approved March 28, 1871. |