kansas, at the session begun and held at Little Rock on the 17th day of November, 1868, under the head "Regulating Roads and Highways," and an act entitled "An act for opening and regulating roads and highways," approved July 16, 1868, and all acts and parts of acts and laws inconsistent herewith, are hereby repealed.

SEC. 74. This act shall take effect from and after its passage. Approved March 23, 1871.

No. XXVII.

AN ACT to regulate the time for holding the probate court in the county

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the probate court of the county of Cross shall hereafter be held on the second Mondays in January, April, July and October in each year.

SEC. 2. Be it further enacted, That no process, order of publication, or any other order issued or made returnable to the next term of said court, shall be avoided or in any manner affected by reason of this change as to the commencement of said court, but that all process shall be returnable to the next court held

according to this act, and that all continuances in said court shall be from the last term to the time appointed by this act.

SEC. 3. Be it further enacted, That all laws in conflict with the provisions of this act be and they are hereby repealed, and that this act take effect and be in force from and after its passage.

Approved March 23, 1871.

No. XXVIII.

AN ACT to provide for the more efficient collection of the public school fund of the State of Arkansas.

8. When county clerk to audit ac-
counts of constables and other
officers named in section seven;
separate accounts to be opened
by clerk; what collecting offi-
cers are to be charged with;
what credited with.
9. County clerk to furnish prose-
cuting attorney with state-
ments of deficits; when; duty
of prosecuting attorney.
When county clerks to forward
to state superintendent of pub-
lic instruction and auditor ab-
stracts of fines, etc., collected
and turned over.

SECTION

17. Fees allowed county clerks.
18. Grand jury to examine condition
of accounts of collecting offi-

SECTION

19. Violation of this act, or failure
to comply, to be deemed mal-
feasance in office; penalty.

cer and justices' dockets, etc. 20. Conflicting acts repealed; this
act to take effect sixty days
after its passage.

Be it enacted by the General Assembly of the State of Arkansas :

SECTION 1. That all fines, penalties and forfeitures which are, or have been, and may hereafter be collected in the various counties, whether imposed by circuit courts, county courts, probate courts, chancery courts, city courts, police courts, or any other courts or officers whatsoever, which have not been otherwise appropriated according to law, shall constitute a part of the general school fund of the state: Provided, That all fines imposed by city courts, for violation of city ordinances not defined as offenses against the state, may be retained by the city, town or police courts for the maintenance of said

courts.

SEC. 2. That justices of the peace are hereby directed and required to turn over to the county collectors of their respective counties, on or before the first day of July, 1871, all fines, penalties and forfeitures heretofore collected by them, taking duplicate receipts therefor, one of which they shall immediately file in the office of the county clerk of their respective counties.

SEC. 3. That from and after the time when this act goes into effect, all justices of the peace are hereby prohibited from collecting any fines, penalties and forfeitures whatever; but that duty shall hereafter devolve upon constables and sheriff's exclusively, as to all cases where judgments of fines, penalties and forfeitures shall be rendered in justices' courts.

SEC. 4. That all justices of the peace in this state shall semi-annually, on the first Mondays of July and January of each year, file in the office of the clerks of their respective counties, an official transcript of all fines, penalties and forfeitures adjudged by them against defendants in their courts,

giving the style of the case, the full names of the parties, and the amount of the judgment in each case.

SEC. 5. That all constables in this state shall semi-annu] ally, on the first Mondays in July and January in each year, turn over to the county collectors of each county all fines, penalties and forfeitures collected by them, taking duplicate receipts therefor, one of which they shall immediately file with the county clerks of their respective counties.

of

SEC. 6. That all city judges, police judges, recorders, or other municipal, township or county officers, shall semi-annually furnish the county clerks of their respective counties such transcript, and in such manner, and at the same time as are prescribed for justices of the peace in section four of this act. SEC. 7. That all city marshals, or other collecting officers, any city, township, or other public corporation, shall semiannually, on the first Mondays in July and January of each year, turn over to the county collectors of their respective counties, all fines, penalties and forfeitures collected by them, taking duplicate receipts therefor, one of which shall be immediately filed with the county clerks of their respective counties: Provided, That this shall not require the city marshals to turn over such moneys as may be collected for violation of city or town ordinances.

SEC. 8. That on or before the second Mondays of July and January of each year, the county clerks shall audit the accounts of constables and other collecting officers referred to in section seven of this act. To this end the said county clerks shall open a separate account with each of the said officers, in a book to be kept by said clerks for that purpose. They shall charge said collecting officers with the amount of fines, penalties and forfeitures, adjudged against defendants in justices, city, police, or other courts in the county, excepting only the circuit or criminal courts, as shown by the transcripts of said judicial officers on file in the office of the county clerks in pursuance of sections four and six of this act. Said constables and other collecting officers shall not be credited with any deficit