above the ground, shall be a lawful fence in Upper Surrounded Hill and Lower Surrounded Hill Townships in Prairie County, Arkansas. SECTION 2. That the running at large of hogs, sheep, goats and geese is hereby prohibited in the territory embraced in the provisions of this Act. SECTION 3. After this Act shall take effect it shall be unlawful for any hog, pig, sheep, goat or goose to run at large in said territory; and if any of the above stock or geese shall be found so running it may be impounded by the owner or tenant of the land upon which it may be trespassing. When any of the above stock or geese shall be impounded, it shall be the duty of the person so impounding, within five (5) days thereafter to notify the owner of said stock, if known, of the taking up of same, and if the owner or his tenant or agent shall neglect or refuse to take charge of and pay the expenses of impounding within five (5) days after the notice has been given him, or if the owner of the stock be unknown, then the person or his agent or tenant taking up the stock shall advertise the same for five (5) days by posting notices in three (3) public places in the township in which the stock was taken up, and one (1) at the courthouse, giving minute descriptions by marks and brands, if any, and by flesh marks and other descriptions, and after the expiration of five (5) days the impounder of said stock or geese may proceed to sell the same at public sale on the premises of the taker up of said stock or geese, to the highest bidder, for cash in hand, and from the proceeds of said sale he shall be entitled to receive for feeding and care of the stock and geese the following charges, to-wit: for each hog, pig, sheep, or goat, five (5) cents per day, and for each goose five (5) cents per day; the residue shall be paid into the county treasury to the credit of the common school fund. But should the owner of any hog, pig, sheep, goat, or goose, or his agent, knowingly allow any of the above named stock or geese to run at large, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one dollar ($1), and each day shall constitute a separate offense. SECTION 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed, and this Act shall go into effect from and after its passage. [This bill having remained with the Governor five days (Sunday excepted) and the General Assembly being in session, it has become a law this April 10, 1905.] ACT 151. AN ACT to amend the laws regulating appeals to the circuit court in criminal cases. SECTION I. Appeals from certain courts to circuit court may be taken within sixty days. 2. Filing of transcript, etc. 3. When appeals shall stand for trial. 4. When circuit court may affirm the judgment of the lower court. 5. Acts in conflict repealed; Act in force ninety days from passage. Be it enacted by the General Assembly of the State of Arkansas: I. SECTION 1. Any person convicted before any justice court, or police, or city court of any crime, misdemeanor, breach of the penal laws of this State, or of violation of any city or town ordinance, may appeal therefrom to the circuit court of the county in which such conviction occurred at any time within sixty days thereafter. SECTION 2. When any such appeal shall have been prayed, it shall be the duty of the justice of the peace, police judge, or other presiding officer of the court wherein the case was tried, to file a certified transcript of his docket or record, together with a list of all the witnesses examined, and an itemized statement of the costs, and also all original papers in said cause, in the office of the circuit clerk of the county within ten days next thereafter, and if he shall fail to do so, the circuit court, on motio: of the appellant, or of the prosecuting attorney of the district, may compel him to comply with this section by rule or attachment and tax him with the costs thereof. SECTION 3. All appeals to the circuit court in criminal cases shall stand for trial at the first term commencing after the transcript is or should have been filed therein as hereinbefore provided, but such trials may in the discretion of the circuit court be postponed or continued as in other criminal cases; provided, that such appeal may, at the request of appellant or his or her attorney and with the approval of the circuit judge, be tried at any time after the transcript and papers are lodged in the circuit court. SECTION 4. If the appellant shall fail to appear in the circuit court when the case is set for trial, or if in the event that the justice or other magistrate who tried the case shall fail to file the transcript and papers as hereinbefore provided, he, the appellant, shall fail to appear and move the court for an order to compel him to file the same within the first three days of the first term of such circuit court beginning more than ten days after the appeal was prayed, then the circuit court may, unless good cause be shown to the contrary, affirm the judgment of the justice, or police, or city court and enter judgment against the appellant for the same fine or penalty that was imposed in the inferior court, with costs, and the same shall have the same force and effect as other judgments of the circuit court in cases of convictions or indictments for misdemeanors. SECTION 5. All Acts and parts of Acts in conflict with this Act are hereby repealed, and this Act shall take effect and be in force ninety days after its passage. [This bill having remained with the Governor five days (Sunday excepted) and the General Assembly being in session, it has become a law this April 11, 1905.] ACT 152. AN ACT to compel the St. Louis, Iron Mountain and Southern Railway Company to build and keep open a depot at Wrightsville, Pulaski County, Arkansas, and for other purposes. SECTION I. Iron Mountain Railway required to keep open a depot at 2. Must keep an agent at said depot to sell tickets and receive 3. Failure to comply with Act a misdemeanor. 4. Laws in conflict repealed; Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That within ninety days after the passage of this Act, the St. Louis, Iron Mountain and Southern Railway Company shall build and complete a suitable depot building at the town of Wrightsville, in Pulaski County, State of Arkansas, and keep the same open at such hours as may be necessary for the convenience of the traveling public. And it shall be unlawful for the said railway company to put any freight on the ground or platform and leave it there; but it shall put such freight in a room provided for that purpose. SECTION 2. That the said St. Louis, Iron Mountain and Southern Railway Company shall keep an agent at their said depot when erected in the said town of Wrightsville, Pulaski County, Arkansas, to sell tickets and to receive freight, and issue bills of lading for the same. SECTION 3. That if the said railway company shall refuse or fail to carry out the provisions of section one (1) and two (2) of this Act, it shall be deemed guilty of a misdemeanor and upon conviction before any justice of the peace, or upon indictment and conviction in the circuit court, shall be fined in any sum not less than fifty nor more than two hundred dollars, for the benefit of the common school fund of the State. And each [day] it shall refuse or fail to keep the same open, and keep an agent there as provided in section one (1) and two (2) of this Act, shall constitute a separate offense. SECTION 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed, and this Act shall take effect and be in force from and after its passage. Approved April 10, 1905. ACT 153. AN ACT to establish a drainage district composed of certain territory in Clay County, Arkansas. |