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which he may stand charged, first having deducted the amount of the receipt of the said George W. Underhill, and upon failure so to do, he shall be subject to all the pains and penalties now prescribed by law for such failures.

SEC. 4. That the said George W. Underhill be, and he is hereby, allowed until the first Monday of April next, to advertise, and sell all lands within said county of Crittenden, upon which the taxes yet remain due and unpaid, which said sale shall be conducted in all respects, in the manner now prescribed by law, and said Underhill shall be allowed until the first Monday in May next to make his settlement with the auditor of public accounts.

SEC. 5. That this act shall take effect, and be in force, from and after its passage.

G. HILL, Speaker

of the House of Representatives. M. W. IZARD, President

Approved: 18th December, 1840.

of the Senate.

A. YELL

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Be it enacted by the General Assembly of the State of Arkansas, That all that portion of Union county bounded as follows, to-wit: beginning on the Louisiana line, at a point where said line crosses the Quichita river, thence up the middle of the main channel of said river, to the mouth of Bayou Moro, thence up said Bayou to the township line between townships thirteen and fourteen south, thence east or west as the case may be, with the said township line, to the range line between ranges fourteen and fifteen west, thence north with said range line to the northern boundary of the said county of Union, thence eastwardly, and with the said Union county line to the north-west corner of the county of Chicot, thence south with the line dividing the counties of Chicot and Union to the Louisiana line, thence west with said Louisiana line to the place of beginning, be, and the same is hereby, erected into a separate and distinct county, to be called and known by the name of Bradley.

SEC. 2. Be it further enacted, That from and after the taking effect of this act, the said county of Bradley shall have and possess all the powers, privileges, and immunities of a separate and distinct

county, and that in all civil suits, and criminal prosecutions then pending in the circuit court of the county of Union, against any person or persons residing within the limits of the county hereby established, it shall be the duty of the clerk of the circuit court of Union county to make out certified copies of all records and proceedings, and all depositions and other papers on file in his office, relating to such cases, and transmit the same to the clerk of the circuit court of Bradley county, on or before the first day of the first term of the circuit court of said county, and all executions that may have issued returnable to the Union circuit court prior to the taking effect of this act, upon any judgment rendered in said court, against any person residing in the county hereby established, for any debt, fine, or forfeiture, shall be handed over to the proper officer of the county of Bradley, and all executors, administrators, and guardians, who may have before the taking effect of this act, administered on the estate of any person, who resided within the limits of the county of Bradley, at the time of his death, or hath taken upon himself the execution of any last will and testament of any person resident therein, at the time of his or her death, or taken upon himself the guardianship of any minor resident within the limits of said county of Bradley, shall be at liberty to obtain from the clerk of the circuit court of Union county a true and complete transcript of their respective cases, and file the same in the office of the clerk of the circuit court of the county of Bradley, and shall make settlement thereof in said county in the same manner that he might have done in the county of Union; and that the proper courts in the county of Bradley shall have jurisdiction thereof, and in the same manner, and to the same extent that the courts of the county of Union before had.

SEC. 3. Be it further enacted, That the justices of the peace and constables in that part of the county of Union hereby made the county of Bradley, shall hold their respective offices, possess the same powers, be entitled to the same fees, and be subject to the same penalties as they would have done in the county of Union, only that they shall use the name of the county of Bradley, and be restricted within its limits, instead of the county of Union.

SEC. 4. Be it further enacted, That the qualified voters of the county of Bradley may, on the third Monday in January next, meet at the places of holding elections in the several townships in said county, and elect one clerk of the circuit court, one sheriff, one coroner, one county surveyor, one county treasurer, and one county commissioner for each township in said county, the said elections to be held at the usual time and places of holding elections, and the returns of said elections shall be made to the clerk of the circuit court of Union county, who shall proceed to open and examine the polls in the usual manner, and make returns to the secretary of the State of Arkansas, of the elections of clerk, sheriff, coroner, county surveyor, and county treasurer, and shall furnish the commissioners elected, certificates of their election, and it is made the duty of the sheriff of the county of Union, to give at least ten days notice of the time and places of hold

ing the election herein provided for, by at least three advertisements put up at the most public places, in each of the townships in the said county of Bradley.

SEC. 5. Be it further enacted, That the duties and powers of said commissioners shall be the same, and they shall proceed in the same manner, and be governed by the same rules and regulations, and vacancies shall be filled, and successors appointed in the same manner as prescribed in the act of the General Assembly of the Territory of Arkansas, approved the fifth day of November, eighteen hundred and thirty-one, entitled an act providing for the location of seats of jus

tice.

SEC. 6. Be it further enacted, That until the seat of justice of said county of Bradley shall be located by the commissioners to be elected under this act, the temporary seat of justice shall be, and all courts for said county shall be holden at the residence of Hugh Bradley.

SEC. 7. Be it further enacted, That the sheriff of Union county shall have the power to pass into the county of Bradley, for one year after the passage of this act, for the purpose of collecting any arrearages of taxes, that may be due him as such sheriff, and shall have the same authority to collect such taxes as he could or would have had in the county of Union, if said county of Bradley had not been stricken off.

SEC. 8. Be it further enacted, That this act shall take effect, and be in force, from and after its passage.

G. HILL, Speaker

of the House of Representatives. M. W. IZARD, President

Approved: 18th December, 1840.

of the Senate.

A. YELL.

An act for the benefit of the heirs of Jacob Hoover, deceased.

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Be it enacted by the General Assembly of the State of Arkansas, That Cassandra Hoover, widow, and executrix of the last will and testament of Jacob Hoover, deceased, be, and she is hereby, authorized to sell at public vendue, to the highest and last bidder, all the lots and lands, which belonged to the said deceased at the time of his death, giving notice thercof, at least sixty days before the day of sale,

by four advertisements put up in the most public places in the county, where said lands lie.

SEC. 2. Be it further enacted, That the sale provided for shall be made on a credit of twelve months, the purchaser giving bond with approved security; and said Cassandra Hoover, executrix as aforesaid, shall convey by deed in fee simple, good and complete titles to the lots and land by her to be sold.

SEC. 3. Be it further enacted, That if the lots or lands, or any part thereof, should not be sold, for want of bidders, as provided for in this act, the said Cassandra Hoover, executrix as aforesaid, shall be, and she is hereby, authorized to sell and dispose of the residue at private sale, upon the best terms in her power.

SEC. 4. Be it further enacted, That at the next term of the county court of Saline county, to be holden after such sale, said executrix shall report the quantity of land or lots sold, the person sold to, the amount sold for, which amount shall stand charged as assets in the hands of the executrix.

SEC. 5. This act shall take effect from and after its passage.

G. HILL, Speaker

of the House of Representatives. M. W. IZARD, President

Approved: 18th December, 1840.

of the Senate.

A. YELL.

An act for the better organization of the staff of the commander-in-chief, and general officers of the militia of the State of Arkansas.

SECTION.
1. Staff, how organized.

SECTION.

2. Act, when in force.

Be it enacted by the General Assembly of the State of Arkansas, That the staff of the governor, majors general, and brigadiers general of this State, shall consist of all such officers as compose the staff of officers of the same grade in the army of the United States, and shall bear the same rank; and when called into actual service, either by the authority of this State, or the United States, shall be entitled to the same pay and emoluments.

SEC. 2. Be it further enacted, That this act shall take effect, and be in force, from and after its passage.

G. HILL, Speaker

of the House of Representatives. M. W. IZARD, President

Approved: 18th December, 1840.

of the Senate.

A. YELL.

An act to provide for the adoption of uniform rules of practice in the circuit courts of this State.

SECTION.

1. Judges of supreme court to frame rules of practice.

2. Reporter for the State to be furnished with copy of rules.

SECTION.

3. Act, when in force.

Be it enacted by the General Assembly of the State of Arkansas, That the judges of the supreme court of this State shall be, and they are hereby, authorized and empowered, to agree upon, and frame rules of practice for the circuit courts, which rules, when so framed, shall be published, with the certificate of the chief justice, that the same have been framed in pursuance of this act, four weeks in some newpaper printed in the city of Little Rock, and when so framed and published, they shall be adopted by the circuit courts of this State, and shall be binding upon such courts, and all parties in suits and proceedings therein, until altered or amended by the said judges, and the alterations or amendments published and certified in the manner herein pointed out for publishing and certifying the original rules.

SEC. 2. Be it further enacted, That when the judges of the supreme court shall have performed the duties required by the provisions of this act, it shall be the duty of the chief justice to furnish the reporter for the State with said rules, and it is made the duty of said reporter, to insert said rules in the first volume of reports published after the same shall have been received; and that all laws conflicting with the provisions of this act be repealed.

SEC. 3. Be it further enacted, That this act shall take effect, and be in force, from and after its passage.

G. HILL, Speaker

of the House of Representatives. M. W. IZARD, President

Approved: 18th December, 1840.

of the Senate.

A. YELL.

An act respecting the collection of taxes in Desha county, and for the relief of James D. Turner, sheriff thereof.

SECTION.

1. Time for settlement extended. 2. Duty of clerk of county court.

SECTION.

3. Quietus when granted.
4. Act, how construed.

Whereas, it is represented to the General Assembly, that the sheriff of Desha county, from a misconception of the revenue law of this State, in making the assessment for the present year, taxed a large number of the citizens of said county, on a double valuation of their

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