fencing wire fastened securely in a horizontal position on posts of ordinary size, and set in the ground in the usual way; the top strand of which wire shall be placed on said posts not less than five feet from the ground, the bottom strand shall be two and a half feet from the ground and the middle strand shall be placed equi distant from the other two strands. The posts shall be firmly set in the ground at a distance of ten feet apart. SEC. 2. That it shall be unlawful for any person owning or having control of hogs, goats, or other animals that may pass under or through the fence, constructed as aforesaid, to permit such animals to run at large in the territory mentioned in section one; and if any such owner or person shall knowingly or carelessly permit such animtls to run at large, and any thereof shall enter any enclosure made by a fence constructed as aforesaid, such owner or person shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than twenty-five dollars. And the person upon whose premises such animals may be found so unlawfully trespassing, shall have the right, and he is hereby authorized to impound such animals so unlawfully found upon his premises, and he shall at once notify the owner or person in control of such animal that the same has been taken up; the person so taking up said animals shall be entitled to one dollar per head for taking up same and notifying owner, and he may retain same until the amount is paid, and if not paid in five days, he may sell said animals at public auction to pay the amount due as aforesaid and the cost of keeping said stock, after giving five days notice to the owner, in writing, and by posting a written. notice of the time and place of sale for the same period of time in the most public place in the neighborhood where the animals were taken up. And if any particular animals are found a second time unlawfully trespassing upon an enclosure surrounded by a fence constructed as provided in section one, the owner or person in control of such premises may destroy the same, without making any effort to take up the same. SEC. 3. That this act shall take effect from and after its passage. Approved March 2, 1887. ACT XXXII. AN ACT to Amend Section Seven Hundred and Fifty-two of Mansfield's Digest of the Statutes of Arkansas. SECTION. 1. Amends section 752 Mansfield's Digest. 2. Conflicting acts repealed, and act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That section seven hundred and fifty-two of Mansfield's Digest of the Statutes of Arkansas, be so amended as to read as follows: "SEC. 752. They shall have the power to regulate the building of houses; to make regulations for the purpose of guarding against accidents by fire, and to prohibit the erection of any building, or any addition to any building, unless the outer walls thereof be made of brick or mortar, or stone and mortar; and to provide for the removal of any building or addition erected contrary to such prohibitions." SEC. 2. That all acts or parts of acts in conflict with this act be, and the same are hereby repealed, and that this act take effect and be in force from and after its passage. Approved March 2, 1887. ACT XXXIII. AN ACT to Prohibit the Sale or Giving Away of Spirituous, Vinous or Malt Liquors or any Compound or Preparation Thereof, Commonly Called Tonics, Bitters or Medicated 'Liquors, Within Three Miles of the High School, in the Town of Waldron in Scott County Arkansas. SECTION. 1. Prohibiting the sale or giving away of spirituous, vinous or malt liquors. Proviso. Unless upon the recommendation of practising physician. Be it ordained by the General Assembly of the State of Arkansas. SECTION I. That it shall be unlawful for any person to sell or give away any spirituous, vinous or malt liquors, or any compound or preparation thereof commonly called tonics, bitters or medicated liquors within three miles of the Waldron High School in the town of Waldron in Scott County, Arkansas. Provided, Regular practising physicians may furnish spirituous or vinous liquors to their patients under their charge where the kind, quality and quantity is actually neccessary the treatment of the disease under which said patient is at the time suffering. SEC. 2. That any physician in order to protect himself from the penalty imposed by this act shall before furnishing any spirituous, or vinous liquors to any patient as provided in section one of this act, take and subscribe to an affidavit before the Clerk of the County, in which said physician may reside, which said affidavit shall be by the Clerk, recorded in the County Court Record of his county and shall be in the following form: "I do solemnly swear (or affirm) that I am a regular practising physician; that I will not sell or give away any spirituous or vinous liquors to any one unless it be for actual medical purposes, kind and quantity is actually, in my opinion necessary to the treatment of the disease under which said person is at the time suffering. SEC. 3. That any person who shall violate the provision of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, either in the Circuit Court or before any Justice of the Peace of the County shall be fined in any sum not less than fifty dollars nor more than three hundred dollars. SEC. 4. That upon information filed before any Justice of the Peace of the County by any citizen thereof accompanied by the affidavit of such citizen charging any person with a violation of the provisions of this act, such justice shall immediately issue his warrant for the arrest of the person so charged directing that such person be brought before him, to be dealt with according to law and if found guilty as charged shall be fined as provided in this act. SEC. 5. That this act take effect and be in force from and after its passage. An Act to Authorize the Bringing of Suits against Insurance Companies in the County where the loss occurs. SECTION. 1. Service upon Agent of Company, or Auditor of State, shall be good service. 2. Conflicting acts repealed. Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas. SECTION I. That when any loss shall occur by fire, lightning or tornado, in the burning, damage or destruction of property upon which there is a policy of insurance, the insured or his assigns may maintain an action against the Insurance Companies taking the risk, in the county where the loss occurs, and service upon an agent of said company or companies in any county in this State, or service upon the Auditor of State as now prescribed by law, returnable to the court having jurisdiction under this act, shall be good service. SEC. 2. are hereby reapealed, and this act take effect and be in force from and after its passage. That all acts in conflict with this be and the same Approved March 2, 1887. ACT XXXV. AN ACT to Repeal the Fifth Subdivision of Section Three (3) of an act entitled "An Act for the Better Government of Cities of the First-Class, and to Confer Enlarged and Additional Powers on such Cities, and to Provide in what Manner Changes may be made in the Number of Aldermen and Wards of such Cities." Approved March 21, 1885. SECTION 1. Act of March 21, 1885, repeal-d. Proviso. Act shall not affect license fees now due when any of such fees have been paid and not refunded. 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 fifth subdivision of section three of an act entitled "An Act for the better government of cities of the first-class, and to confer enlarged and additional powers on such cities, and to provide in what manner changes may be made in the number of aldermen and wards of such cities," approved March 21, 1885, be and the same is hereby repealed. Provided, That this act shall in no manner affect any license fee which may be now due to any city in this State under and by virtue of any ordinance which has been enforced and now in existence, passed in pursuance of the provisions of the act hereby repealed, and under which ordinance any part of the taxes thereby levied have been paid, and which taxes or any part thereof have not been refunded to the parties paying the same; and Provided, further, That nothing in this proviso shall be so construed as to authorize the authorities of any city in |