4. Governor, Secretary of State, Treasurer and Auditor of State to Constitute Commission. Duties of; Duty of Auditor. County Treasurer to Report to County Court. Duty of County Court.

5. Act in Force from Passage.

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

SECTION 1. That the proposition of the St. Louis, Iron Mountain and Southern Railway Company, to pay into the State Treasury the sum of two hundred and fifty thousand dollars ($250,000) of and for a full discharge of all taxes levied, or which could have been levied prior to the year 1883 upon all its properly, save its lands held for sale and not used for its business, as communicated by a message from the Governor, be and it is hereby accepted upon condition that the said sum of money is paid into the State Treasury within thirty days after the passage of this act.

SEC. 2. That if the St. Louis, Iron Mountain and Southern Railway Company shall within thirty days after the passage of this act, pay into the Treasury of this State the sum of two hundred and fifty thousand dollars in lawful money of the United States, the same shall be and is hereby accepted as full payment and discharge of all taxes and arrearages of taxes, State, County, School, Municipal and District, which were or might or could have been levied upon the road, road bed, tracks, right of way, bridges, superstructures, rolling stock, tools, materials and any and all other property of said company, real or personal (other than its lands held for sale) prior to the year 1883, and upon such payment being made within the time aforesaid, all claim and demand of the State and of all counties, cities, towns, districts and other municipal subdivisions for all taxes, prior to 1883, levied or unlevied upon all the property of said company except its lands held for sale, shall be forever satisfied, released and discharged and the said. company and its property discharged from all claims for any such taxes levied or unlevied.

SEC. 3. That such payment being made within the time aforesaid, the Treasurer shall execute and deliver to said railway company duplicate receipts therefor, one of which shall be filed by said company in the office of the Auditor of State, and upon such receipt being filed in his office the Auditor shall issue to such railway company a quietus of all claims for all such taxes, keeping on the records of his office a copy thereof, and such quietus, or a copy of the record thereof shall be conclusive evidence in all courts, that all such taxes have been paid and discharged.

SEC. 4. That the Governor, Secretary of State, the Treasurer and Auditor of State are hereby constituted a commission to equitably divide said fund between the State and the Counties through which the road runs; it shall be the duty of said board as soon as said money is paid into the treasury, or as soon thereafter is practicable, to make an equitable division of said fund between the counties through which the road runs and the State; and having determined which shall go to the said counties, they shall proceed to divide the same equitably between the said counties; and said commission shall further make an equitable division of such part of said funds as may be determined to belong to the State between the common school fund of the State and the general revenue fund and shall advise the Auditor of State and the County Treasurer of each county of the amount due his county, and thereupon upon application of such County Treasurer to the Auditor, he shall draw his warrant on the State Treasurer for the amount due such county in favor of the Treasurer thereof, which shall be paid out of said fund and it shall be the duty of the County Treasurer to report the same to the County Court of his county, at the next term thereafter, whereupon said court shall distribute the same to the various funds to which it belongs.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved February 21, 1887.

ACT XXII.

AN ACT to Prevent the Granting of Free Passes by any Railroads or Transportation Company to any Officers of this State.

SECTIOX.

1. Prohibits the granting of free passes to any official of the State, Legislature, Executive or Judicial.

2. Penalty; How recovered; Fee of Prosecuting Attorney; Money recovered to be paid into County Treasury; Verdict for defendant costs to be paid by county.

3. The terms railroad or transportation company to mean all corperations or individuals owning or operating in this Sttae.

4. Declared misdemeanor for officers accepting free passes; Penalty liable to prosecution. 5. To include all officers commissioned or qualified.

6. Act to take effect and be in force thirty days from passage.

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

SECTION I. That no railroad or transportation company organized or doing business in this State under any act of incorporation or general law of the State now in force or which may be hereafter enacted shall grant any free pass in the cars or other modes of conveyance over the line of any such railroad or transportation company, for any length of time, or for any distance, to any officer of this State, Legislative, Executive or Judicial, whereby any such officer may be transported for any length of time or for any distance over the line of any such railroad or transportation company, either free of charge therefor or for a less compensation than that demanded or received from the general Public.

SEC. 2. Any such railroad or transportation company that shall grant any free pass to any such officer in violation of this act shall forfeit and pay for every such offense not less than two hundred dollars nor exceeding two thousand dollars to be recovered in an action at law brought in the name of the State by the Prosecuting Attorney thereof in any county of the State through or into which any such railroad corporation or transportation company may run its said railroad or transportation line, and said attorney shall be allowed a fee for his

services as such of ten per cent. of the amount that may be collected in any such suit, in case judgment be rendered for the plaintiff, and the balance and residue of any sums recovered in any such suit shall be paid into the County Treasury of the county where such suit may be brought to be appropriated to general county purposes in such county; and in any such suit should judgment be rendered for the defendant the costs of such suit shall be paid by the county.

SEC. 3. That the terms railroad or transportation company contained in this act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad or transportation line in this State for the public transportation or conveyance as common carriers of persons or property therein.

SEC. 4. Any such officer, legislative, executive or judicial of this State, who shall accept and use any such free pass to be transported for any distance over the line of any such railroad or transportation company, either free of charge or for less compensation than that received therefor from the general public, shall for every case, where such pass is so used be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to a fine of not less than twenty dollars nor more than two hundred dollars, and shall be removed from office, and such officer may be prosecuted in any county where he resides or in which any such free pass may have been used by him.

SEC. 5. That the term officers of this State, legislative, executive or judicial used in this act shall mean to include all officers elective, appointive, commissioned or qualified.

SEC. 6. That this act shall take effect and be in force. thirty days from and after its passage.

Approved February 26, 1887.

ACT XXIII.

AN ACT to Repeal Section 4773, Mansfield's Digest of the Statutes of Arkansas, which provides that the Mortgagor shall, if he so desire, have the right to waive any and all Rights of Appraisement, Sale or Redemption of Mortgaged Property.

SECTION.

1. Repeals Section 4763 Mansfield's Digest

2. Act in force from passage.

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

SECTION 1. That section 4763 of Mansfield's Digest of the Statutes of Arkansas, be and the same is hereby repealed.

SEC. 2. That this act shall take effect and be in force from and after its passage.

Approved February 26, 1887.

ACT XXIV.

AN ACT to Abolish Public Executions.

SECTION.

1.

Prohibits public executions; Sheriff to prepare inclosure.

2. Penalty of officer violating this act.

3. Conflicting laws repealed; Act in full force and effect from passage.

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

SECTION 1. That no execution of any person, hereafter convicted in this State of a capital offense, shall be public; but the same shall be private, and shall not be witnessed by more than twenty-five (25) persons, and shall take place within an inclosure sufficient to prohibit the same from public observation. Provided, That in such counties where there is no jail or suitable inclosure, the sheriff shall prepare such suitable inclosure to be paid for out of the county funds, and the County Judge shall allow compensation therefor.