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him to make the estimates and value of such road-bed as a levee or drain, to make and file in the office of said commissioner a list of all the lands reclaimed or benefited by reason of the construction of such road-bed, which lands shall be subject to the same tax for the purpose of paying the interest upon the warrants issued to such railroad company in payment for constructing such road-bed, as other lands reclaimed or benefited by the building or repairing of any levee, or cutting any ditch or drain, under the provisions of this act, and to be levied and collected at the same time and in the same manner.

SEC. 12. All warrants heretofore issued by the auditor or commissioner of public works and internal improvements, under the provisions of the act of March 16, 1869, or the act supplemental thereto, approved April 12, 1869, to which this act is an amendment, may be surrendered by the holder thereof at any time within one year from and after the passage of this act, to the treasurer of this state, for the purpose of having bonds issued to him for a like amount under and pursuant to the provisions of this act. In all such cases it shall be the duty of the treasurer to receive such warrants and give the holder thereof a certificate to the auditor, stating the whole number of warrants received, the person from whom he received them, the number, date, and amount of each warrant, and the aggregate amount of warrants so received. Upon the presentation of such certificate of the treasurer to the auditor of this state. it shall be his duty to issue to the holder thereof bonds for the amount of the certificate, under the provisions of this act: Provided, That all warrants and bonds issued and received under the provisions of this section, and all warrants issued under the provisions of the acts referred to in this section, shall constitute a part of and be deducted from the aggregate amount fixed in section (7) seven of this act.

SEC. 13. A sufficient amount of money is hereby appropriated, not to exceed five thousand dollars, to carry into effect the provisions of this act.

SEC. 14. This act to take effect and be in force from and after

its passage, and all other laws and parts of laws for levee purposes, of any character, be and the same are hereby repealed. Approved March 23, 1871.

No. XXX.

AN ACT supplementary to "An act authorizing the treasurer to issue interest-bearing certificates on bank-note paper," passed at the present session.

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SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the treasurer may issue interest-bearing certificates in such amounts as may be desired by the parties to whom said certificates are issued: Provided, No certificate shall be issued on bank-note paper except in sums of one, two, five and ten dollars.

SEC. 2. All the provisions of the act to which this is supplementary shall apply in full force to this act.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 23, 1871.

SECTION

No. XXXI.

AN ACT to save counties from costs in certain cases.

1. In what cases prosecutor required to enter into bond for payment of costs.

2. Form of bond.

3. Duty of court in regard to costs in case accused is acquitted; in case of conviction; what additional penalty required if costs are not paid at once by person convicted.

4. When justice or other officer may permit person applying for warrant to prosecute without giving bond; additional affidavit required.

SECTION

5. Offense of bringing frivolous prosecution declared to be high misdemeanor.

6. Officers not prevented by this act from arresting and prosecuting, when witnessing the offense.

7. Conflicting laws repealed; this act to take effect thirty days from passage.

Be it enacted by the General Assembly of the State of Arkansas, as follows:

SECTION 1. That in all prosecutions in cases less than felony, in courts of justices of the peace and in other inferior courts, the prosecutor, or some person for him, shall (in addition to the requirements now required by law) enter into bond with good and sufficient security for the payment of all the costs which may accrue in said prosecution.

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SEC. 2. Such bend may be substantially in this form, to-wit: State of Arkansas against A-I, as prinas security, bind ourselves to pay all

cipal, and

costs in this cause. Signed, this

day of

A. D.

SEC. 3. If the accused be acquitted, the court rendering the judgment of acquittal shall immediately render judgment for the costs against the principal and surety in the said bond; but if the accused be convicted, the court rendering the judgment shall, in addition to the fine or imprisonment which it

shall impose upon the person convicted, render judgment against such person for all costs accrued in the case; and if such costs are not immediately paid, such convicted person. shall, besides undergoing the penalty adjudged against him, be confined in the county jail at the rate of one day for every two dollars adjudged against him for fine and costs, and then the county shall pay the costs of said prosecution.

SEC. 4. It shall be lawful, however, for the justice or other officer, when he has strong reasons to believe that the person applying for a warrant has been, in plain violation of the criminal laws of this state, maltreated, either in person or property, to permit such person to prosecute without giving such bond, as is required in section (1) one of this act: Provided, That the person so applying for a warrant, besides making the affidavit now required by law, shall also make affidavit that he is unable to give security for the costs which may accrue in said prosecution.

SEC. 5. Any officer or any person who shall bring;. or aid and encourage others to bring, frivolous, ground less or malicious prosecution, shall be guilty of a high misdemeanor.

SEC. 6. Nothing in this act shall be so construed as to prevent officers of the law from arresting and prosecuting offenders when they are eye witnesses of the offense.

SEC. 7. All laws in conflict with this act are hereby repealed, and this act shall take effect thirty (30) days after its passage. Approved March 23, 1871.

No. XXXII.

AN ACT to define the condition of certain state lands and for other pur

SECTION

poses.

1. What class of persons may pre-
sent their claims to commis-
sioner of immigration and
state lands, and when; com-
missioner, on presentation, to
investigate same and record.
If claimant is entitled to cer-
tificate of purchase, commis-
sioner shall issue; effect of.
2. Land claimed or occupied under
pretended sales, and no cer-
tificate issued as in section
one above, before April 1,
1872, to be sold as other state
lands; person holding pretend-
ed certicificate to have pre-
sumptive right until March
31, 1872.

CTION

3. Commissioner of immigration

and state lands authorized to appoint a deputy; appointment to be in writing, and deputy to take oath prescribed by law; oath and appointment to be filed in office secretary of state; commissioner to be responsible for all official acts of deputy. 4. When and in what case commissioner shall issue valid certificates to persons holding pretended certificates. Commissioner authorized to employ sufficient clerical force. 5. Conflicting laws repealed; act in force from passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That any person claiming, holding or occupying any lands belonging to the State of Arkansas, under and by virtue of any pretended sale made to such persons by any pretended authorities of said state, after the fifth day of May, one thousand eight hundred and sixty-one, and before the eighteenth day of April, one thousand eight hundred and sixty-four, may present their claims to the commissioner of immigration and state lands, on or before the thirty-first day of March, one thousand eight hundred and seventy-two. Upon the presentation of any such claims to the said commissioner, he shall proceed immediately to investigate and make record of the same. If upon such investigation it appears that the person making said claim is entitled to a certificate of purchase for any land belonging to the state, by virtue of any claim which shall have accrued from labor performed for the redemption of swamp lands, said commissioner shall issue a certificate of sale to such person for the same, and said certifi

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