territory composing said county of Lincoln, who shall constitute a board of commissioners to locate the permanent county seat of justice of said county. Said commissioners shall have authority, under the direction of the county court of said county of Lincoln, to purchase lands on which to locate the seat of justice, taking the conveyance therefor to said county, and to receive and accept donations of land to said county for the location of the county seat, or other purposes; to lay out the lands so acquired, or so much thereof as may be necessary, into town lots, and to sell said town lots at public auction, from time to time, under the order and direction of the county court, on such terms as the court may determine; and to execute and deliver to the purchasers at such sales the necessary certificates of purchase and conveyances of the interest of the county in said town lots, the proceeds of which sales shall be paid into the treasury of the county. Said commissioners shall also, under the direction of the county court, upon the order of said court, advertise for and accept bids and contract for the erection of such public buildings as may be necessary in said county, the plans and specifications for which shall be adopted and furnished by the county court: Provided, That a majority of said commissioners shall constitute a quorum for the transaction of all business, except the location of the county seat, which shall require the whole number.

SEC. 5. Be it further enacted, That the county court of said county of Lincoln, shall by appointment, fill all vacancies. which may arise in the board of commissioners provided for in section four of this act.

SEC. 6. Be it further enac'ed, That as soon as the county judge, county clerk and sheriff of said county shall have qualified as required by law, the county judge shall call a special term of the county court of said county, of which term and the time and place of holding the same, the sheriff shall post notices in each township, not less than ten days before the first day of the term, and give personal notice to each justice of the peace in said county; and on the first day of said court the

justices in attendance shall elect from their number two associate justices of said court, who shall act as such until the regular election for associate justices.

SEC. 7. Be it further enacted, That it shall be the duty of the clerks of the county courts of Drew, Jefferson, Bradley, Arkansas and Desha counties to make out and lay before the several county courts of said counties at the first term of each of said courts after the first Monday in February, 1871, a complete statement of the indebtedness of said several counties up to that time, which shall be examined by the court, and if found correct, said several courts shall proceed to ascertain what portion of said several debts would fall to the inhabitants of Lincoln county, making said estimates from the assessment lists filed by the assessor for the last preceding assessments, which said statements and apportionments of indebtedness, with a copy of all records and proceedings therein, shall be transmitted by the several clerks of the counties of Drew, Bradley, Jefferson, Arkansas and Desha, to the county clerk of the county of Lincoln, who shall lay the same before the county court of said county of Lincoln at its next term thereafter; and if found correct, the same shall be entered at length of record in the records and proceedings of the county court of said county, and the same shall thenceforward become and be the debt of the county of Lincoln: Provided, That the amount of taxes due the several counties of Drew, Jefferson, Bradley, Arkansas and Desha, from the county of Lincoln, on account of the indebtedness of the several counties of Drew, Jefferson, Bradley, Arkansas and Desha, shall be assessed to and collected from the portion of the county of Lincoln which is stricken off from the counties of Drew, Jefferson, Bradley, Arkansas and Desha respectively.

SEC. 8. Be it further enacted, That all administrators, executors and guardians, residing in the county hereby established, and who had, before the taking effect of this act, administered on any estates, or taken on himself, herself or themselves the execution of any last will and testament or guardianship of

any minor or minors, resident within the county hereby established, may procure from the clerks of the probate courts of said counties of Drew, Jefferson, Bradley, Arkansas and Desha, a transcript of the records relating to their respective estates, and the original papers belonging thereto, and file the same in the office of the clerk of the court of probate of said county of Lincoln, at any time after the organization of said county, and before the final settlements of said estates, and shall thereupon proceed to make settlement of their respective administrations, executorships and guardianships, according to law, in said probate court of the county of Lincoln, as by law they were required to do before the passage of this act, in the several probate courts of the counties of Drew, Jefferson, Bradley, Arkansas and Desha.

SEC. 9. Be it further enacted, That all executions which may be issued upon any judgment rendered before the establishment of the county of Lincoln in any of the courts of the counties of Drew, Jefferson, Bradley, Arkansas or Desha, against any person or persons, residing in the territory comprising the county of Lincoln, shall be directed to the sheriff' of the county of Lincoln, which shall be proceeded with in the same manner by him as if judgment had been rendered in the county of Lincoln, except that he shall return the same to the court from which it issued, according to the mandate of such writ.

SEC. 10. Be it further enacted, That in all criminal cases now pending in the circuit courts of the counties of Drew, Jefferson, Bradley, Arkansas and Desha, when the defendant resides in the county of Lincoln, it shall be the duty of the clerk of the circuit court of said county of Lincoln to procure from the office of the clerk of the counties of Drew, Jefferson, Bradley, Arkansas or Desha, a transcript of the record and proceedings in said cause, and also procure the depositions and other papers which may have been taken and filed in said cause, from the office of the clerk of either of the counties of Drew, Jefferson, Bradley, Arkansas or Desha, where the same

may be before the first term of the circut court, to be held in the said county of Lincoln, which transcript, depositions and papers so filed shall be taken and considered as a record of the circuit court of the county of Lincoln, and be proceeded in as though the causes had originated in said county; and in order to secure said transcript, the clerk of the circuit court of said county of Lincoln shall have free access to the records of the counties of Drew, Jefferson, Bradley, Arkansas and Desha, and when copies thereof shall have been made and compared it shall be the duty of the clerks respectively, of the said counties of Drew, Jefferson, Bradley, Arkansas and Desha, to certify the same under their several official seals; and all such certificates shall be paid for by said county of Lincoln.

SEC. 11. Be it further enacted, That in all civil suits pending in said counties of Drew, Jefferson, Bradley, Arkansas or Desha, where all the partics thereto reside in the county of Lincoln, either party thereto may obtain from the clerk of the circuit court in which such suit is pending, a transcript of the record in such cause, together with all the depositions and other papers pertaining thereto, and file the same in the office of the clerk of the circuit court of the county of Lincoln, whereupon the same shall be considered, and shall be a record of the court of said Lincoln county, and the cause shall proceed as though the same had originated therein: Provided, That the party obtaining said transcript shall give the opposite party, if a citizen of the county, and if not, then his attorneys of record, at least fifteen days notice, before the term of the court thereafter, of such removal: And provided further, That the party obtaining such removal shall pay all the costs thereof, and shall not recover the same thereafter in said suit or otherwise.

SEC. 12. Be it further enacted, That the regular terms of the county court for said county of Lincoln shall be held on the third Mondays in January, April, July and October of each year, and the probate court of said county shall be held on the fourth Mondays of January, April, July and October of each year. SEC. 13. Be it further enacted, That all services required by

this act to be performed by the clerks or sheriff's of the counties of Drew, Jefferson, Bradley, Arkansas and Desha, for the benefit of and to aid in the organization of said county of Lincoln, shall be paid for by said county at the rates now fixed by law for such services.

SEC. 14. Be it further enacted, That said county of Lincoln shall be included in the tenth judicial circuit of this state, and the circuit courts shall be held in and for said county on the second Monday before the second Mondays in March and September in each year.

SEC. 15. Be it further enacted, That the commissioners provided for in the fourth section of this act shall be allowed the sum of six dollars per day for each and every day they may be actually and necessarily employed in the discharge of their duty as such commissioners, to be paid out of the county treasury of said Lincoln county.

SEC. 16. Be it further enacted, That township eleven (11), south of the base line of range four (4) west of the fifth (5th) principal meridian, according to the surveys of the public lands of the United States, be and the same is hereby detached from the county of Desha, and attached to and made a part of the county of Drew.

SEC. 17. Be it further enacted, That the salary of the county and probate judge of said county of Lincoln shall be and is hereby fixed at the sum of one thousand dollars per annum.

SEC. 18. Be it further enacted, That the recorder of said county of Lincoln shall procure suitable blank record books to be used as deed records of said county, and shall as soon as practicable, proceed himself or by deputy to the several county seats of the counties of Drew, Jefferson, Bradley, Arkansas and Desha, and transcribe into the deed record books of the county of Lincoln all records of conveyances of lands situated in the county of Lincoln, which copies, when deposited in the recorder's office of said county of Lincoln, shall become and be records of said county, and have the same force and effect as if they had been originally recorded in said county of Lin