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peace and good order, and for the better ruling and governing of said city and the inhabitants thereof, there shall henceforward be a mayor and four aldermen, a recorder and a city constable, all of which said officers shall be elected annually, after the first election, on the first Monday in January, in each and every year, by the free white male inhabitants of said city, over the age of twenty-one years; Provided, That no person shall be deemed qualified to vote for either of said officers, unless such person shall have resided therein six months next preceeding said election.

SEC. 3. Be it further enacted, That no person shall be eligible to the office of mayor, alderman, or either of the aforesaid offices, who shall not be a qualified voter as aforesaid.

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SEC. 4. Be it further enacted, That the mayor and aldermen, as aforesaid, shall be one body politic, in deed, and fact, and name, wiperpetual succession, to be known and distinguished by the name of "The Mayor and Aldermen of the City of Powhatan," and they and their successors in office, at all times hereafter, shall be capable in law to have, purchase, take and receive possession, and enjoy lands and tenements, hereditaments, liabilities, franchises and jurisdictions, goods, chattels and effects, and to grant, bargain and sell, alien and convey, demise and dispose of the same, and to sue and be sued, to plead and be impleaded, in any court of justice whatever, and to make and use one common seal, and the same to alter and renew at pleasure.

SEC. 5. Be it further enacted, That the recorder of said city shall be ex-officio treasurer thereof, whose duties, both as recorder and treasurer, shall be defined by the by-laws of said city, and the constable of said city shall be the assessor and collector of all taxes ordered to be collected in said city, and shall also, by virtue of his said office, be overseer and superintendent of the streets, in such manner as may be defined by the laws of said city, and shall do and perform all other legal requirements of said mayor and aldermen, and such constable or recorder shall severally, before entering upon the discharge of their duties, give bond and security to the mayor and aldermen of the city of Powhatan, and their successors in office, for the faithful performance and discharge of their respective duties, in a sum not less than five hundred, nor more than five thousand dollars, at the discretion of said mayor and aldermen, for the use of any person or persons who may be aggrieved by any of the official acts of said recorder or constable, said bonds to be executed or delivered to said mayor, and approved by him within ten days after their said election, or said office or offices are hereby declared to be vacated, and a successor or successors shall be elected according to law. The said recorder or constable shall have power to appoint such number of deputies as may be necessary, to be appointed by the mayor before entering upon the discharge of their duties; and such city constable shall have full and ample power to serve all process, civil or criminal, within the

courts of said city, that the constables of townships Lave in their respective townships.

SEC. 6. Be it further enacted, That the first election to elect officers herein mentioned shall be holden on the first Monday in March, 1853, and when so elected, they shall hold their offices until their successors shall be elected and qualified, and the following named persons are hereby authorized and empowered to hold said election, to wit: John Arnonett, George W. Patterson and Col. John F. Fisher.

SEC. 7. Be it further enacted, That said mayor and aldermen, or a majority of them, shall have power and authority, from time to time, and at all times hereafter, to hold a common council in said city, at such places as they may designate, and to make such by-laws, ordinances and regulations, in writing, not repugnant to the constitution of this state, and the same to revoke, enfore or alter, so as to them as may appear necessary for the good order and civil government of said city and inhabitants, and to make, limit and impose reasonable fines and immunities, for all misdemeanors, disorders, neglects or nuisances committed within the limits of said city, upon persons committing them therein, and for which the laws of the state have not provided ample remedy and penalty.

SEC. 8. Be it further enacted, That the said mayor and aldermen of said city of Powhatan shall have full, ample and complete power, by action of common council, from time to time, to levy a tax on all property, both real and personal, within the limits of said city, subject to taxation, for defraying the expenditures of said corporation, in making improvements in said city, and in carrying out and enforcing the powers to said corporation granted by this act; Provided, That all property shall be taxed ad valorem, and said tax shall not exceed one-fourth of one per centum per an

num.

SEC. 9. Be it further enacted, That, whenever a vacancy shall occur in any of the offices herein created, said vacancy shall be filled by election, at such time, and in such manner, as the by-laws of said city shall direct; and, when elected, shall hold their respective offices for the unexpired term of their predecessor.

SEC. 10. Be it further enacted, That every male inhabitant within the corporation of the said city of Powhatan, who may be liable to work on roads and highways, under the laws of this state, shall be liable to work on the streets and alleys of said (city) twelve days in each year, if the same be thought expedient and proper by the city constable, and all persons thus made liable to work on said streets and alleys, shall be exempted from working on all roads and highways out of and beyond the corporate limits of said city.

SEC. 11. Be it further enacted, That it shall not be lawful for said corporation to issue change tickets, or any other issue intended to pass as a currency; and a violation of this provision shall be

deemed a forfeiture of said charter; and it shall be the duty of the prosecuting attorney for the judicial circuit in which said city is located, to prosecute said corporation to a forfeiture of this charter, on the first information furnished him.

SEC. 12. Be it further enacted, That the mayor of the city of Powhatan, herein provided for, and his successors in office, is hereby invested, as such mayor, with all the powers and jurisdiction, which, under the law and constitution, pertain to justices of the peace in this state, both in civil and criminal proceedings. To this end he may, as such mayor, issue process, hear and determine causes, and in all things be governed in the extent and exercise of such jurisdiction, by the laws now in force, defining and governing the proceedings of justices of the peace of this state.

SEC. 13. Be it further enacted, That this act take effect and be in force from and after its passage, and that all laws which conflict with this act, be, and the same are hereby repealed. Approved 12th January, 1853.

An act supplemental to an act entitled "an act to incorporate the City of Powhatan, in Lawrence county."

SECTION

99 years.

2. Act to take effect and be in force from its passage.

SECTION 1. Act incorporating town of Powha tan, not to be construed as granting charter for longer period than SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the act entitled an act to incorporate the town of Powhatan, in Lawrence county, shall not be so construed as to grant corporate powers for a longer period than of ninety-nine years. SEC. 2. Be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved 12th January, 1853.

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RESOLUTIONS.

WHEREAS, It is known to this General Assembly that the Hon. John C. Calhoun, of South Carolina, departed this life at 7 o'clock A. M., on the 11th April, A. D. 1850; 'That the Hon. Henry Clay, of Kentucky, paid the same debt, at 11 o'clock, A. M., on the 29th January, A. D. 1852; And that the Hon. Daniel Webster, of Massachusetts, was called to his last account at 3 o'clock, A. M., on the 24th October, A. D. 1852; And whereas, It is the sense of this body that the memory of these distinguished and world renowned personages, is the property, and of right belongs to the American people, whom they so long lead by their example, directed by their wisdom and council, and adorned with their illustrious character; And whereas, It is believed to be the wish and desire of the people of this State, to perpetuate the qualities of heart and head, which distinguished those men above their contemporaries, not only as models of emulation to the present, but as examples and samples of excellence and greatness, to those generations which are to succeed; And whereas, No mode is known by which this pur pose can be more effectually or appropriately accomplished than by giving place to such sentiments as are designed to be embraced herein, on the Journals of the two Houses of this General Assembly; and the printed publication of the Acts and Resolutions, thereof; Therefore,

Be it resolved by the General Assembly of the State of Arkansas, That they have heard with deep pain, of the death of the Hon. John C. Calhon, of South Carolina; of the Hon. Henry Clay, of Kentucky, and of the Hon. Daniel Webster, of Massachusetts, at the respective times, in the preamble hereof stated; and they hereby tender to the American people, wherever they may be; and to the immediate families and friends of those distinguished individuals, their condolence for the irreparable loss, which they, in common with mankind, have sustained by that dispensation.

And be it further resolved, That as an evidence of the high esteem in which the deceased were respectively held by the people of this state, in common with their fellow citizens throughout the Union, that these resolutions, with the preamble, be spread upon the journals of the two houses, and be published, both in the printed copies thereof, and with the volume to contain the acts and resolutions passed at the present session.

And be it further resolved, That the secretary of state, be, and

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