4.

Persons making false affidavits to be punished.

5.

Nothing in Act to repeal any existing statute.

6. Act in force from passage.

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

SECTION I. All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this State, to be delivered at other points within this State, and all railway companies and other common carriers, their assignees, or lessees, who deliver goods, wares, and merchandise to persons at points within this State are hereby made liable for all damages to said goods, wares and merchandise, to the consignee or his legal representative.

SECTION 2. All damages to goods, wares and merchandise, not exceeding ten dollars ($10), may be collected from the agent at the point of destination; provided, the consignee or his legal representative shall present to the agent of the railway company or other common carriers, an itemized statement giving a clear description of the property damaged, and the amount of damage to each item or articles so damaged, verified by affidavit within three days from the time said goods are received.

SECTION 3. If, after the consignee shall have made out and presented his itemized statement as required by section 2 of this Act, the railway company, or other common carrier, or its agent, at the point of destination, shall fail or refuse to pay such claim, or claims, for loss or damage, where the amount does not exceed ten dollars ($10), then the consignee of said goods, wares and merchandise so damaged, may enter suit against said railway company or common carrier, their assignees or lessees, for his loss or damages, and if he recover in said action against said

railway company, its assignees or lessees, the court or jury trying such cause shall render a judgment and verdict for treble the amount of the claim for his damages or loss.

SECTION 4. Any person who shall make a false affidavit under section 2 of this Act, or who shall swear falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such crime.

SECTION 5. That nothing in this Act shall be so construed as to conflict with or repeal any law now in existence, or in any way change the manner of procedure in actions for damages.

SECTION 6. That this Act shall be in full force and effect from and after its passage.

Approved April 5, 1905.

- ACT 145.

AN ACT to prescribe the pleading in the Chancery Courts of the Sixth Chancery District.

SECTION

I. Prescribes pleading in chancery courts of Sixth Chancery
District.

2. Laws in conflict repealed; Act in force sixty days from

passage.

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

SECTION I. That in the chancery courts of the Sixth Chancery District, the defense to an action shall be filed on the first day that the court is in session, after twenty

(20) days from the date of the service of the summons in the county or an adjoining county; and thirty (30) days from the date of the service of the summons in any other county in the State; and sixty (60) days from the service of the summons as prescribed by law, outside of the State; or thirty (30) days from the publication of a warning order, in the manner prescribed by law; and the cause shall stand for trial and judgment by default may be rendered, as if the summons had been served the same length of time and in the same manner before the commencement of the term of said court; provided, the court may, for good cause shown, extend the time for filing a defense.

SECTION 2. That all Acts and parts of Acts in conflict with this Act be and they are hereby repealed, and that this Act take effect and be in force sixty (60) days after its passage.

Approved April 5, 1905.

ACT 146. See Pg 738

AN ACT to make timber in certain cases in this State personal property for the purpose of taxation.

SECTION

I. Timber sold separately from land to be classed as personal property.

2.

Laws in conflict repealed; Act in force from passage.

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

SECTION I. That hereafter all timber in this State which has been sold separately and apart from the land on

which it stands, shall be classed as personal property, and shall be subject to taxation as such. And the said timber interests shall be assessed and the taxes collected thereon in the county where said timber is located.

SECTION 2. All laws and parts of laws in conflict. with this Act are hereby repealed, and this Act take effect and be in force from and after its passage.

AN ACT requiring the St. Louis and San Francisco Railroad Company to construct and maintain a bridge or overhead crossing over Center Street in the city of Fayetteville, Arkansas.

SECTION

I. Frisco Railway required to construct a bridge over Center
Street, Fayetteville, Arkansas.

2.

Failure to comply with Act a misdemeanor.

3. Act in force from passage.

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

SECTION I. That the said St. Louis and San Francisco Railroad Company is hereby required and directed to construct within six months from the passage of this Act, and to thereafter maintain a good and sufficient bridge for the passage of its trains over and across Center Street in the city of Fayetteville, Arkansas, where the roadbed and track of the main line of said railroad company now crosses said street, and that said bridge be fiftyfive feet in length, or equal in length to the width of said Center Street, as the same is now laid off and established.

SECTION 2. That failure of said railroad company to comply with the provisions of section 1 of this Act shall be a misdemeanor, and on conviction thereof, shall be fined for each offense any sum not less than $200 nor more than $500; and each day of such failure shall constitute a separate offense.

SECTION 3. That this Act take effect and be in force from and after its passage.

Approved April 7, 1905.

ACT 148.

AN ACT regulating the duties and defining the powers of the fencing board of Fencing District Number Three (3), in White County, Arkansas.

SECTION

I.

2.

Fence to be constructed in Fencing District No. 3, White
County, may be apportioned to landowners of district.
District may recover from parties refusing to construct
fence as apportioned.

3. Laws in conflict repealed; Act in force from passage.

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

I.

SECTION 1. That whenever the fencing board of Fencing District Number Three (3), in White County, shall have decided to construct a fence without levying a tax therefor, in accordance with section 1396, Kirby's Digest, they shall apportion to each person owning land in said district, his proportionate share of said fence.