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except that he shall return the same to the court from which it issued, in the counties of Hempstead, Ouachita or Columbia, according to the mandate of such writ.

SEC. 9. It shall be the duty of the clerks of the county courts of the counties of Hempstead, Ouachita and Columbia, to make out and furnish to the county clerk of said county of Nevada, a complete and accurate list of all taxable lands on the assessment lists of said counties, which fall within the limits of said county of Nevada, as stricken off from the counties of Hempstead, Ouachita or Columbia; and the valuation of the same, according to the assessment books and lists, for the year 1870, on file in the respective offices of said clerks, and the names of the persons in whose names the same is assessed for [the year] 1870; and it shall be the duty of the said county clerk of Nevada, to file the same in his office, and said lists, so furnished and filed, shall be the assessment lists of the lands of the said county of Nevada, for all purposes of taxation, until lands are or may be required, by law, to be assessed in the other counties of this state, when lands in said county of Nevada, shall, in all things, be listed, assessed and valued as lands in other counties are, or may, by law, be required to be.

SEC. 10. The clerks of the county courts of the counties of Hempstead, Ouachita and Columbia shall receive the same compensation for making out and furnishing copies of the assessment lists, as herein before provided for, as is now allowed to clerks for making out tax books, which shall be paid by the county of Nevada.

SEC. 11. In all criminal cases now pending in the circuit courts of the counties of Hempstead, Ouachita or Columbia, when the defendant resides in the county of Nevada, it shall be the duty of the clerk of the circuit court of said county of Nevada to procure from the offices of the clerks of the counties of Hempstead, Ouachita or Columbia a transcript of the records and proceedings in said cause, and also procure the depositions and other papers which may have been taken in such cause

and remaining in the office of the clerks of the counties of Hempstead, Ouachita or Columbia before the first term of the circuit court to be held in the 'said county of Nevada, which transcript, depositions and papers so filed shall be taken and considered as a record of the circuit court of the county of Nevada, and be proceeded in as though the causes had originated in said county; and in order to secure said transcripts the clerk of the circuit court of said county of Nevada shall have free access to the records of the counties of Hempstead, Ouachita and Columbia; and when copies thereof shall have been made and compared, it shall be the duty of the clerks respectively of the said counties of Hempstead, Ouachita and Columbia to certify the same under their official seals, but all such certificates shall be paid for by said county of Nevada, but said county of Nevada shall not be subject to any tax upon such certificates and seals by reason of any law now or hereafter in force.

SEC. 12. In all civil suits pending in said counties of Hempstead, Ouachita or Columbia, when all parties reside in said. county of Nevada, either party thereto may obtain from the clerk of the circuit court of the counties of Hempstead, Ouachita or Columbia a transcript of all the records and proceedings in said 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 Nevada, when the same shall be considered as a record of the court in said county, and the cause shall proceed as though the same had originated therein: Provided, however, That the party obtaining said transcript shall give the opposite party, if a citizen of the county, and if not then his attorney of record, at least fifteen days' notice before the next 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 thereafter recover the same in said suit or otherwise.

SEC. 13. Until the next apportionment, the boundary lines of the senatorial and representative districts of this state shall remain the same as if the said county of Nevada had never been

created. All qualified electors of said county of Nevada may vote for the members of the General Assembly for the senatorial and representative districts in which they respectively reside, and are citizens at any election precinct in said county of Nevada at which he or they are or may be allowed to vote. All books and lists of registered voters of said county, made out under the registration and election laws of this state, shall show the senatorial and representative districts in which each registered voter of said county resides, and blank books and lists furnished under said laws shall have blanks in them for that purpose. All election and registration laws shall be in force and executed in said county of Nevada, except as herein provided, as in other counties of the state.

SEC. 14. Should any office in the counties of Hempstead, Ouachita or Columbia be made vacant by the force of this act, whose duties and jurisdiction apply to the whole county, such vacancy shall be filled by appointment by the Governor, until the next general election."

SEC. 15. All services required by this act to be performed by the clerks or sheriffs of Hempstead, Ouachita or Columbia counties, for the benefit of and to aid in the organization of said new county, shall be paid for by the said county of Nevada, at the rates fixed by law for such services.

SEC. 16. Said county of Nevada is hereby included in the ninth judicial circuit of this state. The circuit court shall be held in and for said county at the place of holding the same on the fifteenth Mondays after the third Mondays in March and September of each year.

SEC. 17. Said county of Nevada is hereby included in the second congressional district of this state.

SEC. 18. Nothing in this act contained shall be so construed as to interfere with or prevent the holding of the next regular terms of the county and probate courts of Hempstead, Ouachita or Columbia counties, by or on account of the establishment of the county of Nevada.

8BC. 19. When the commissioners provided for in this act

shall permanently locate a county seat for the county of Nevada, the county court of said county shall name the same.

SEC. 20. All laws and parts of laws in conflict with the provisions of this act are hereby repealed, and this act is to take effect and be in force from and after its passage. Approved March 20, 1871.

SECTION

No. XXI.

AN ACT to correct the defective land records of the state.

PREAMBLE:

1. Duties of the county assessors as to ascertaining what lands are in their respective counties liable to taxation, but not on auditor's list. May administer oaths and do anything not forbidden by law, to discover such lands.

2. Duty of assessors to keep record of lands so discovered, and the owners thereof; to make plats and abstracts of records and file the same with the clerk of their respective counties; previous to filing, shall assess and value said lands, making careful examination into quality and character of same; to assess at not more than average value of land in neighborhood of like character.

SECTION

3. Duty of county clerks, upon the filing of said lists by the assessors, as to notifying real estate board of equalization of the county; duty of said board.

4. Duty of county clerk, on receipt of report of board of equal. zation, as to entering lands reported; how taxes on said lands to be levied by county court, and collected; after first assessment to be assessed and tax collected with other lands. 5. Fees of assessors and how paid; his receipt to be voucher for

same.

6. Conflicting laws repealed; act to take effect from its passage.

WHEREAS, considerable land belonging to individuals, and

subject to taxation, in the various counties of this state, is not upon the assessment books nor in any way taxed, although the auditor of state has already furnished to the proper officers of the various counties all the record and data in his possession in relation thereto; and

WHEREAS, No further correction of the evil seems possible through the public land records, which are defective. Therefore, Be it enacted by the General Assembly of the State of Arkansas:

SECTION 1. That the several assessors of the various counties in this state shall institute immediate inquiry concerning lands in their respective counties liable to taxation but not furnished by the auditor in his list of taxable or entered lands; and to that end shall diligently search the records of deeds and all other public records in their respective counties, or any other public records anywhere which may be accessible, and which may in any way give information concerning such lands, and shall make all proper search of any private records, papers or documents to which he may have access, make all proper and possible inquiries of owners of real estate, agents, attorneys in fact, administrators, executors, guardians, and any and all other officers and persons he may have reason to believe may possess any knowledge concerning the matter under investigation; and to this end may administer oaths and examine such persons thereunder, and do any and all things not forbidden. by law, to the end that he may discover such land and the proper owner thereof.

SECTION 2. Be it further enacted, That such assessors shall keep an accurate list of all such lands so discovered and the owners thereof, make a plat of said land and an accurate abstract of the record or other evidence through which the ownership of such lands were discovered by himself, which said lists, plats and abstracts he shall file with the county clerk of his county as soon as he shall have completed his labors: Provided, The assessor shall, previous to the filing of such lists, plats and abstracts, proceed to assess and fix a valuation upon said lands; and for that purpose he shall carefully examine into

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