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shall make his assesment for any past year or years mentioned in the order of reference, and shall return the same into court; and in case the property shall belong, or have belonged to any delinquent railroad company, the court shall in like manner. refer the assessment of said property to the proper officer or Board of Officers ro Commissioners, whose duty it shall be, at the time of the making of said reference to assess property of like kind, and they shall report their assessment to the court, and the court shall have power to hear testimony and to change said assessment as justice and equity may require.

SEC. 5. On such final hearing the court shall render a decree declaring and enforcing said lien for taxes, by a sale of the property to which said taxes may have attached. In case of a railroad, the lien shall be decreed against the whole line of the road, including the main line and side tracks, switches, turnouts, improvements, stations, structures, rights of way, embankments, tunnels, cuts, ties, trestles and bridges, and all lands in the state belonging to such corporations. The court shall decree that said taxes shall be paid within three months after rendering said decree and that in default thereof said defendant shall pay a penalty or ten per centum on the amount of said taxes.

SEC. 6. The sale of any property under said decree shall be made in the same manner as other sales are made under other decrees foreclosing liens in chancery, and with like effect, and the court shall distribute any fund accruing under this act, among the State, counties and municipal corporations, and school districts entitled thereto by law.

SEC. 7. All parties having any interest in any property sold under this act, may redeem the same at any time within one year from the date of said sale, by paying into court the amount of said decree and penalty on the same, at the rate of twenty-five per centum per annum.

SEC. 8. In case no such redemption is made, the court shall cause a deed to be executed to said purchaser, convey

ing said property to him absolutely, and said deed shall have the same force and effect that are given by law to other deeds for property sold under decree in chancery.

SEC. 9. Suits brought under this act shall have precedence of all other suits in the courts in which they may be pending, and shall be disposed of without unnecessary delay, and no appeal from any decree rendered in any suit brought under this act, shall be taken after thirty days from the date of such decree.

SEC. 10. The decree rendered in said suit shall be for all taxes due the State, and to the counties, cities and other political subdivisions of the State, and shall not be confined to the taxes due in the county in which the suit is brought. Approved March 1, 1887.

ACT XXVIII.

AN ACT to Provide the Directors of the School Districts of Arkansas with Poll Books for School Elections, and for other Purposes.

SECTION.

1. Form of poll books to be used at school elections; distr bution of same.

2. Duty of County Examiners.

3. When Court allows claim of Examiners, same to be paid out of common school funds of county.

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

SECTION I. That the Superintendent of Public Instruction shall prepare a form of poll books to be used by the directors of the various school districts of this State at their annual elections as are now, or may hereafter be provided by law, and have the same printed as other blanks for school purposes; and shall transmit the same to the County Examiner of each County for distribution to School Directors in the same manner as other school blanks are now, or shall hereafter be distributed.

SEC. 2. Be it further enacted, That each County Examiner shall make out and present to the County Court of his county, at its first term after the 30th of June in each year, an account of expenditures for postage, county district records, or a school district map of the districts of his county, and for freight or express charges for the transmission of blanks or such other expenditures as he may have actually and unavoidably incurred, and the County Court may allow the same in any sum not exceeding twenty-five dollars in any one year, including ten dollars for his report to the State Superintendent of Public Instruction.

SEC. 3. When the County Court shall have allowed the account of the County Examiner as provided in section two (2) of this act, the County Clerk shall issue a warrant upon the Treasurer for said claim, and upon presentation of said warrant to the County Treasurer, he shall pay the same out of the common school funds in his hands belonging to the county and not yet apportioned to the several school districts.

SEC. 4. That this act take effect and be in force from and after its passage.

Approved March 2, 1887.

ACT XXIX.

AN ACT to Amend the Sixth Subdivision of Section 5572, Chapter 128 of Mansfield's Digest of the Statutes of Arkansas; title Replevin.

SECTION.

1.

Amends Section 5572 of Mansfield's Digest, Chapter 128.

2. Act takes effect and in force from passage

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

I.

SECTION 1. That the sixth subdivision of section five thousand five hundred and seventy-two (5572) of Mansfield's Digest of the Statutes of this State, chapter one hundred and

twenty-eight (128), be and the same is hereby amended so as to read as follows:

That the plaintiff's cause of action has accrued within three (3) years; and where the action is brought to recover property taken under an execution, the affidavit must state the fact of the taking, and the nature of the process under which it was done.

SEC. 2.

That this act take effect and be in force from and

after its passage.

Approved March 2, 1887.

ACT XXX.

AN ACT to Amend Section 37, Chapter One (1) of Mansfield's Digest of the Statutes of Arkansas.

SECTION.

1. Amends Section 37, Chapter 1, Mansfild's Digest.

2. Act in force from and after its passage.

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

SECTION I. That section thirty-seven (37) chapter one (1) of Mansfield's Digest of the Statutes of this State, be and the same is hereby amended so as to read:

SEC. 37. It shall be the duty of the Probate Court of each County of this State, at its first regular term in each year to carefully examine the bonds of all executors, administrators, guardians and curators, on file or of record in the office of the Clerk of such County; and if it shall appear to the court that any such bond is insufficient for any cause whatever, the court shall make an order, and cause the same to be entered of record requiring such of said fiduciaries whose bonds are so found to be insufficient, to file new and sufficient bonds, whereupon it shall be the duty of the clerk forthwith to notify in writing,

under his hand and seal all such executors, administrators, guardians and curators whose bonds shall have been so found to be insufficient, of the existince of such order, and upon the failure of any such executor, administrator, guardian or curator, to file a new bond which will meet the approval of the court if in term time, or of the clerk if in vacation, within ten days after the service of such notice upon him, his letters shall be considered as revoked without any further order of court, and the vacancy may be filled in the manner now, or that may be hereafter provided by law.

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

Approved March 2, 1887.

ACT XXXI.

AN ACT to Declare a Fence, Consisting of Three Strands of Ordinary Fencing Wire and the Usual Posts, a Lawful Fence, Within the Territory Embraced Within the Limits of the Cotton Belt Levee District No. 1, of Phillips County, Arkansas.

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

SECTION I. That in that part of Phillips County, Arkansas, which is embraced within the limits of what is known as the Cotton Belt Levee Districts No. 1, and which territory is more. particularly described in the order of the County Courts of Phillips County, Arkansas, authorizing the formation of said Levee Districts, and to which reference is had for the exact. limits of the territory to be affected by the provisions of this act, a lawful fence shall consist of three strands of ordinary

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