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SEC. 11. That said town council shall have power to make and enforce such rules as may be deemed necessary to preserve the health of said town, and for that purpose may create a board of health, with such powers as may be conferred for that purpose, and the said town council may erect a market house, and regulate the markets, and make such by-laws as they deem necessary for the suppression of vice and immorality, within the limits of said corporation, and enforce the same by fine and imprisonment in any sum not exceeding fifty dollars, nor imprisonment more than three months, according to the nature of the offence or violation of said by-laws, and when collected shall be appropriated to the benefit of said town in such manner as shall be prescribed thereby.

SEC. 12. That it may be lawful for said town council to levy and collect a tax on all property both real and personal within said town, and if any person or persons neglect or refuse to pay any such tax or fine that may be levied or imposed by said town council, it shall be the duty of said town council to give judgment against such person, or persons, so neglecting or refusing to pay such tax or fine as aforesaid, and shall thereon issue execution for the amount of such judgment and costs which shall be levied on the personal property of said defendant within the limits of said corporation, and advertise the same at least ten days before the day of sale, by three advertisements, put up in said town, and proceed to sell the same to the highest bidder, unless the said judgment and costs be paid before the day of sale thereof; and the town council shall give a bill of sale for such property as may be sold as aforesaid; Provided, however, That no tax shall be levied which shall exceed the rate per cent. levied and assessed by the county court for county purposes.

SEC. 13. That the alderman and council shall have power to appoint a clerk, assessor, town constable, overseer of the streets, and patrols, with power to carry into effect and execute the ordinances of said town council.

SEC. 14. That in case of death, resignation, or removal of the alderman, the council shall have power to cause an election to be held, to elect an alderman to fill such vacancy, who shall hold his office until the next annual election; Provided, That ten days' notice shall be given of the time and place of holding such election, and in case of death, resignation, or removal of any of the council, the remaining council shall have power to fill such vacancy by appointment, who shall hold their office until the next annual elec

tion.

SEC. 15. That it shall not be lawful for said corporation to issue change-tickets of any description whatever, and that if said corporation under any pretence whatever, issue any bills, notes, or tickets, or any promise, or obligation whatever, designed or intended to circulate and pass as currency, such act shall be taken and

held as a forfeiture of this charter; and any person, or persons, whomsoever, may in any trial or action by said corporation, give the fact in evidence on such trial or action, and when proven shall be a good bar to any such action.

SEC. 16. That if the citizens of said town shall, at any time hereafter, fail to have an election on the day specified by this act, that then, and in that case the clerk of the county court, or any member of the council may, by giving ten days' previous notice, have an election held for town council, which shall be as legal as though it had taken place on the day herein appointed.

SEC. 17. That the alderman shall keep a docket, and make entries of his official acts, when in the discharge of his official duties imposed on him by this act, and when an appeal is prayed for a transcript from such docket shall be sent up to the circuit court of Scott county as in other cases of an appeal from a justice's court now defined by law.

SEC. 18. That the town council shall have power to determine the amount to be given to the alderman of said town, as fees for the discharge of his duties; Provided however, That such fees shall not exceed fees given to justices of the peace for similar services. SEC. 19. That this act take effect and be in force from and after the first day of February, A.D. I853.

Approved 17th December, 1852.

An act to legalize the sale of the Sixteenth Section in Township eight, south of Range thirty west, in the County of Sevier.

2. Laws in conflict with this act repealed.

1. Legalizes sale of 16 sec. in T. 8, north of range 30 west in Sevier county, by commissioner Jackson, 3. This act take effect and be in force and his successor to fulfil contracts from its passage. before made.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the commisssioner's sale heretofore made by Lewis Jackson as commissioner of the sixteenth section, in township eight, south of range thirty west, in the county of Sevier, be, and the same is hereby declared legal, and that no irregularity, or mistake of said commissioner, shall effect said sale, and that his successor is hereby authorized to carry out, fulfill, and make valid to the individ. uals purchasing said lands, and all contracts heretofore made according to law now in force, and generally to act in the premises as commissioners of the sixteenth are now required by law.

SEC. 2. Be it further enacted, That all laws conflicting with this act, so far as said township in the county of Sevier, is concerned, be, and the same are hereby repealed.

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

Approved 17th December, 1852.

An act to constitute Maria Gertrude Buchanan one of the legal heirs of Sterling C. Buchanan, of Ouachita County.

SECTION.

SECTION.

1. Constitutes Maria G. Buchanan, of 2. This act to take effect and be in force Ouachita county, a legal heir of from and after its passage. Sterling C. Buchanan

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That Maria Gertrude Buchanan, daughter of William A. Buchanan deceased, of Ouachita county, be, ard is hereby constituted and declared to be one of the legal heirs of Sterling C. Buchanan, and she may and shall inherit all the estate, both real and personal, of said Sterling C. Buchanan, in the same way and manner that she would, were she child of his body.

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

Approved 17th December, 1852.

An act for the relief of John A. Harvick, sheriff of Monroe County.

ally as if said territory yet remained in Monroe county. All controversies that may arise out of said sheriff attempting to collect dues in said territory, exclusively cognizable in the courts of Prairie county. 2. This act to take effect and be in force from its passage.

1. Amends so much of the act to change the lines between the counties of Prairie and Monroe, approved 7th Dec. 1850, as to allow sheriff of Monroe, as collector for his county, to collect all dues to his county in the territory taken from Monroe and attached to Prairie, as effectuSECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the act entitled "an act to change the lines between the counties of Prairie and Monroe, approved 7th December, A. D. 1850, be, and the is hereby so amended, as to authorize and allow the sheriff and collector of the said county of Monroe, in the manner and mode now prescribed by law, to proceed to collect from the inhabitants of said county of Prairie, residing in that portion of the territory, struck off from the county of Monroe and attached to the said county of Prairie, by the terms and provisions of the act herein before recited, all such amounts as may have been due him as such collector of the county of Monroe, at the time of

the passage of said act, as effectually, and to all intents and purposes, as lawfully as if the said territory did yet belong to said county of Monroe, or as if this provision had been in fact incorporated in said act, which this is intended to amend, and that all questions of controversy between the said John A. Harwick and the citizens of that part of Prairie cutoff, from the county of Monroe, by the change of line between said counties, that may arise out of the attempt to collect the taxes claimed by him, as aforesaid, shall be exclusively cognizable in the courts of Prairie county.

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

Approved 17th December, 1852.

An act to repeal an act passed by the last General Assembly, and approved the second day of January, 1851.

SECTION

1. Repeals the act passed 2d January 1851, granting G. H. Morton privilege to change military road in Izard county.

2. Said Morton to restore road to same] ground, and in as good order as it

SECTION

was before passage of the law this act repeals; and failing to do so, to be fined not less than $10 nor more than $50, and this act to take effect and be in force from its passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That an act passed the second day of January, 1851, granting George H. Morton, of Izard county, the privilege to change the military road, be, and the same is hereby repealed.

SEC. 2. Be it further enacted, That the said George H. Morton, is hereby required to open and put in as good order, and upon the same ground that said military road was before the passage of the act that this is intended to repeal, and in case the said George H. Morton shall fail, refuse, or omit to comply with the requirements of this act, he shall forfeit and pay to Izard county, not less than ten nor more than fifty dollars, to be recovered by indictment in the circuit court of said county of Izard. This act to take effect and be in force from its passage.

Approved 17th December, 1852.

An act for the relief of John Havis, late Sheriff of Bradley County, also for the relief of John J. Hammett, late Sheriff and Collector of Jefferson County.

from its passage.

1. Lien on property provided for in sec. 2. This act to take effect and be in force 88, chap. 139. extended 18 months. WHEREAS, The said John Havis,

and John J. Hammett, late

sheriffs of the counties of Bradley and Jefferson, respectively, have had to pay taxes for certain individuals, for the year 1852; Therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the lien on property now provided for by law, in section 88, of chapter 139, be extended eighteen months, and that the said Havis and Hammett be allowed to collect said taxes in the same manner that the taxes are collected under existing laws.

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

Approved 17th December, 1852.

An act for the relief of Carney C. Straughan, Sheriff of Lawrence

WHEREAS, Carney C Straughan, as sheriff of Lawrence county, failed to advertise, according to law, a list of the taxable lands belonging to non-residents, in the county of Lawrence, which were subject to taxation for the year 1852; And whereas, The said sheriff used all diligence on his part to have the same advertised according to law, but by, and on account of the failure of the mail, a list of said lands did not reach the office of publication in time to be published, as is prescribed by law; And whereas, on account of said mail failure, and non publication of such lands, he has become, and is chargeable with the taxes due on said lands; And whereas, The said Carney C. Straughan, as such sheriff, did, on the 10th day of December, 1852, pay into the treasury of the State the sum of nine hundred and twenty-three dollars and forty-five cents, the amount of revenue due to the State saving and excepting the amount due on occount of said non-residents lands; Therefore.

SECTION. 1. Be it enacted by the General Assembly of the State of Arkansas, That Carney C. Straughan, as sheriff of Lawrence county, be, and he is hereby authorized to advertise said non-residents lands, named in the preamble of this bill, as is now prescribed by Jaw, and to sell the same at the court house door, in, the town of