act to make said sale, shall hand over to the guardian of said estate the notes or bonds taken for the payment of the amount of said slaves if sold on a credit, or the cash, if sold for cash. SEC. 3. Be it further enacted, That the guardian of said estate shall receive and account for the proceeds of said sale, in the same manner that he is required to manage and account for allo ther property or effects belonging to said estate. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 25th December, 1840. of the Senate. A. YELL. An act for the relief of John Hutt and Samuel H. Hempstead. 1. To file deed of relinquishment with 2. Act, when in force. auditor. Be it enacted by the General Assembly of the State of Arkansas, That whenever John Hutt and Samuel H. Hempstead shall file with the auditor of public accounts, a duplicate deed of relinquishment to Micajah Tarver for the W. of sec. 1, the W. & of sec. 2, the northwest qr. of sec. 11, and the N. W. fractional quarter of sec. 12, in township seven south, of range five west, it shall be the duty of said auditor to draw his warrant on the treasurer, without delay, in favor of John Hutt and Samuel H. Hempstead aforesaid, for the sum of three hundred and forty-six dollars and fifty cents, to be paid to them out of any monies in the treasury not otherwise appropriated. SEC. 2 This act shall be in force after its passage. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 25th December, 1840. of the Senate. A. YELL. An act for the relief of Isaac B. Everett, late Sheriff of Marion county. SECTION 1. Allowed thirty-two dollars and five cents. Be it enacted by the General Assembly of the State of Arkansas, That the auditor of public accounts be, and he is hereby, authorized to draw his warrant on the treasurer of the state, in favor of Isaac B. Everett, for the sum of thirty-two dollars and five cents,which sum shall be paid out of any money in the treasury, not otherwise appropriated, on account of penalties imposed on him, according to law, which he has paid into the state treasury. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President Approved: 25th December, 1840. of the Senate. A. YELL. An act prescribing the terms of the Circuit Court in the county of Brad. ley, and for other purposes. SECTION. 1. Court when holden. 2. Attached to second judicial circuit. 3. County courts when holden. SECTION. 4. Representative, senatorial district. 5. Militia attached to sixth brigade. Be it enacted by the General Assembly of the State of Arkansas, That the circuit court shall hereafter be holden in each and every year in the county of Bradley, on the fourth Mondays of April and October. SEC. 2. Be it further enacted, That the county of Bradley shall be attached to, and form a part of the second judicial circuit. SEC. 3. Be it further enacted, That the county courts for the county of Bradley shall be held as follows, to-wit: on the first Mondays of January, April, July, and October. SEC. 4. Be it further enacted, That the county of Bradley shall be entitled to one member in the house of representatives of this State, to be elected at the time and in the manner prescribed by law for holding elections in the several counties of this State; and the county of Bradley shall be attached to and form a part of the same senatorial district to which it has heretofore been a part of Union county, previous to its establishment into a separate county. SEC. 5. Be it further enacted, That the county of Bradley shall be organized into a separate and distinct regiment, and shall be attached to the sixth brigade, and shall be organized according to the existing militia laws of this State. G. HILL, Speaker of the House of Representatives. M. W. IZARD, President of the Senate. Approved: 26th December, 1840. A. YELL. An act making an appropriation for the payment of the presidential SECTION. electors. 1. One hundred and forty dollars appropropriated. SECTION. 2. Auditor to draw warrants. Be it enacted by the General Assembly of the State of Arkansas, That the sum of one hundred and forty dollars be, and the same is hereby, appropriated, for the payment of the presidential electors elected within the State of Arkansas, on the first Monday of November, A. D. 1840. SEC. 2. It shall be the duty of the auditor of public accounts to audit and allow the accounts of the electors aforesaid, and to draw his warrant upon the treasurer for the amount of the same, who shall pay the same out of the money herein before appropriated for that purpose. SEC. 3. 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: 26th December, 1840. of the Senate. A. YELL. An act amendatory of the act to "incorporate the Helena and Rock Roe Turnpike Company," approved December 15th, 1838. SECTION. 1. Charter amended. 2. Act, how construed. 3. Commissioners authorized to open books. SECTION. 4. Charter, when forfeited. Be it enacted by the General Assembly of the State of Arkansas, That the charter of the Helena and Rock Roe Turnpike Company be so amended as to authorize the said company to cross White river at any point they may deem most expedient, and to make the western terminus of said road at any point of intersection with the Memphis and Little Rock they may select, whether the same be east or west of White river. SEC. 2. That nothing in the act contained, to which this is a supplement, shall be so construed as to require said company to construct their road by or through the village of Rock Roe. SEC. 3. That the commissioners, originally appointed for opening books of subscription for stock in said road, or any three of them, upon giving the notice required in the act to which this is a supplement, are hereby authorized, from time to time, to open books of subscription for stock in said road, until the whole of said stock is taken. SEC. 4. That unless said road is commenced in five years, and finished in ten years, the charter for the same shall be forfeited. SEC. 5. That this act shall take effect, and be in force, from and after its passage. G. HILL, Speaker M. of the House of Representatives. Ŵ. IZARD, President of the Senate. Approved: 26th December, 1840. A. YELL. SECTION. An act to locate the seat of justice of Jackson county. 1. Election. 2. Nominations, &c. 3. Returns, how made. 4. Sheriff to give notice of new election. SECTION. 5. Courts to be held at seat of justice. 6. Commissioners, powers of. 7. Act, when in force. Whereas, the act now in force in relation to county seats has failed to effect the desirable object of locating the seat of justice of Jackson county, therefore, to afford the proper relief, and enable the qualified voters of said county to select a site for their permanent seat of justice, without intervention of commissioners. Be it enacted by the General Assembly of the State of Arkansas, That there shall be elections held at the several precints in the county of Jackson, on the eleventh day of January next, to be conducted in the same manner as general elections now are, and the judges of the last general election shall be judges thereof, and if any of said judges fail to attend, the qualified voters shall choose others, in the manner now prescribed by law. SEC. 2. That at said election, the several places, with the donations that may be offered with each, at which it is proposed to locate the seat of justice, shall be put in nomination, and the votes that may be given in favor of each, entered on the poll books accordingly. SEC. 3. The poll books shall be returned to the clerk's office in said county, in the same time, and there opened, in the same manner, as the poll books of general elections now are by law, and the places having the highest number of votes, if they amount to a majority of the whole number of votes given, shall be, and the same is hereby, declared the permanent seat of justice of said county. SEC. 4. In case none of the places put in nomination shall have a majority of the whole number of votes given, the sheriff of said county shall proceed to order a new election, within twenty days thereafter, due notice of which shall be proclaimed in each precinct, by notices posted up by said sheriff, at least ten days previous to the time appointed for holding the same, at which election the two places having the highest number of votes at the former election, and none other shall be put in nomination, and voted for. SEC. 5. The returns shall be made as before to the clerk's office, and there opened and compared in the manner prescribed by law, and the place having the highest number of votes, shall be, and the same is hereby, declared the permanent seat of justice of said county; and it shall be the duty of the said sheriff to declare the result, and to make the same known, by putting up notices to that effect in each township in said county, and by at least one advertisement in some newspaper printed in this State, whereupon, the public offices shall be removed thereto, and the courts held thereat, as is now provided in the law now in force relating to county seats. SEC. 6. The powers and duties of the commissioners, heretofore elected in said county, shall cease, so far as they extend to the situation and location of the seat of justice; in other respects they shall remain in full force; and they shall continue to act as county commissioners, under the law now in force relating to seats of justice, which is hereby declared to have full force and effect, except so much thereof as conflicts with the provisions herein contained in respect to the seat of justice of Jackson county. SEC. 7. That this act take effect, and be in force, from and after its passage. G. HILL, Speaker M. of the House of Representatives. W. IZARD, President of the Senate. Approved: 26th December, 1840. A. YELL. SECTION. An act to call in the scrip of Van Buren county. 1. Scrip, when to be presented. 2. When barred from payment. SECTION. 3. Duty of county clerk. Be it enacted by the General Assembly of the State of Arkansas, That all the county scrip heretofore issued by the clerk of the county of Van Buren, prior to thre taking effect of this act, shall be presented to the clerk of said county on or before the first day of April next, |