those desiring the renewal, at its fair value, to be fixed by appraisers mutually chosen for that purpose.

SEC. 34. That the president and directors shall be, and are hereby invested with all the rights and powers necessary and proper for the survey, location, complete construction, alteration, maintaining, operating, and repairing of said roads designated by sections one and two herein, not exceeding one hundred feet on either side of the length of the line thereof; and shall have the right of way upon, or may appropriate to its sole use and control, for the purposes contemplated herein, land of the width aforesaid through its entire length; may enter upon, and take possession of, and the use of all lands, streams, earth, timber, gravel, stone or other materials, of every kind, for the location of depots, and stopping stages, for the purpose of constructing bridges, embankments, excavations, station grounds, spoil banks, turnouts, engine houses, officers' shops, and other buildings necessary for the construction, completing, altering, maintaining, preserving and complete operation of said road.

SEC. 35. That if in the construction of any portion of the road through the swamp and overflowed lands, the embankments for the road should be deemed a sufficient reclamation of the swamp and overflowed lands adjacent thereto, by the board of commissioners of the swamp and overflowed lands, it shall be the duty of the said board of swamp land commissioners to examine and estimate the value of such reclamation, and pay for the same, at rates governing them as in ordinary cases, in the formation of contracts for the reclamation of swamp lands; Provided, That the amount paid be in strict conformity with the amount of lands reclaimed, and which shall be paid for out of the lands thus reclaimed.

SEC. 36. This charter shall continue for the term of ninety-nine years; at the end whereof, all the corporate privileges hereby granted shall cease and determine.

Approved 10th January, 1853.

An act to authorize the institution of Suits in Ejectment in certain

on New Madrid locations. 2. This act in force from its passage..

1. Suits in ejectment may be instituted upon patent certificates of land upSECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That, hereafter, suits in ejectment may be instituted in the courts of this state upon patent certificates issued by the Recorder of land titles for Missouri Territory, upon New Madrid locations, and maintained against defendants not having a better title.

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

Approved 10th January, 1853.

An act to increase the compensation of the Land Attorney and

1. Attorney and collector allowed 5 per 2. All laws in conflict with this act recent. on all moneys collected. pealed.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the land attorney and state collector, shall be allowed the sum of five per cent. on all moneys collected on account of the 500,000 acres, or seminary funds.

SEC. 2. Be it further enacted, That all laws in conflict with this act be, and the same are hereby repealed. Approved 10th January, 1853.

An act to prevent persons from selling spirituous liquors to Slaves, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That no person shall sell or cause to be sold to any negro or mulatto slave, ardent spirits in any quantity, without permission of the master, mistress, overseer or person having charge of said negro or mulatto slave; and any white person offending against the provisions of this act shall be guilty of a misdemeanor, and on conviction fined at the discretion of the court having jurisdiction of the same, not more than one hundred nor less than twenty dollars, and upon refusal or inability of such person to pay said fine, together with all costs incurred by said prosecution, shall

be imprisoned for any term not less than ten nor more than sixty days, or until said fine and costs are paid.

SEC. 2. That if any free negro or mulatto shall sell, give or cause to be sold or given, any spirituous liquors to any negro or mulatto slave, he, she, or they, so offending, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than twenty nor more than one hundred dollars; and in addition shall be imprisoned for a term of not less than twenty, nor more than sixty days; and upon refusal or inability to pay the said fine, together with all costs incurred by the prosecution under this act, shall be hired out by the sheriff at public auction to any person who may agree to pay the said fine and costs for the shortest term of service of said free negro or mulatto.

SEC. 3. That whenever any tavern or grocery keepers, merchants or other persons shall apply to any county court of the state for license to sell spirituous liquors in any quantity, it shall be the duty of said court to require the person so applying, to take and subscribe an oath, that he, she, or they, will not directly or indirectly sell, or cause to be sold to any negro or mulatto slave, spirituous [liquors] in any quantity, without permission of the master; mistress, overseer or person having charge of said slave.

SEC. 4. That it shall be the duty of the judges of the several circuit courts in the state to give this act in charge to the grand juries of their respective courts.

SEC. 5. That all laws or clauses of laws coming in conflict with this act, are hereby repealed; and this act shall be in force front and after its passage.

Approved 10th January, 1853.

SECTION.

An act to amend the law in regard to Executions.

1. Plaintiff may issue execution on judgment at any, and all times within ten years from rendition of judg

SECTION

issue at any time within ten years from date of revivor, except in case of death of either of the new parties.

ment without revivor, except in 3. Lien not to extend beyond the

case of death of either party to said
judgment.

2. In cases of revivor, execution may

time now fixed by law. This act in force from its passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That it shall and may be lawful for any party plaintiff to any judgment, or decree rendered by any of the courts of this state, to issue executions thereon, at any and all times within ten years from the rendition of any judgment or decree as aforesaid, without revivor; except in case of the death of either party to any such judgment or decree.

SEC. 2. That in all cases of revivor, on account of the death of of either party to any judgment or decree, the party plaintiff in whose name such revivor shall be made, may issue execution thereon at any time within ten years from the date of such revivor, without again reviving, except in case of the death of either of the new parties to such revivor.

SEC. 3. That nothing in this act contained shall be construed as to extend the lien of any judgment or decree beyond the time now fixed by law; and that this act take effect and be in force from and after its passage.

Approved 10th January, 1853.

An act to take the sense of the qualified voters of this State, for and against a call of a State Convention to modify and reform the present Constitution of this State.

a convention.

of the house in possession of the returns so certified to him, who shall declare the result in presence of both branches of the next general assembly; if in favor, general assembly shall make provision for the convention.

1. Sense of the qualified voters to be taken at next general election for, 5. Secretary of state to put the speaker or against a state convention to modify the constitution of the state. 2 Clerks of the several counties previous to the electi n, to add two columns to poll books; headed, one for, the other against, a convention. 3. Judges of the general election to take the sense of the qualified voters in each precinct, for or against a convention, and certify the same to the clerks of their counties. 4. Clerks to certify to secretary of state

6. Clerks and judges of elections to carry into effect the provisions of this act, and failing, to be subject to the penalties prescribed under the head of elections.

the number of votes for and against, 7. This act in force from its passage.

SECTION 1. Be it enacted by the General Assembly of the State of Arkinsas, That the sheriffs of the several counties of this state, whose duty it now is to give notice of the elections to be held at the next general elections in this State, to be held on the first Monday in August, A. D., 1854, shall at the same time and place, and in the same manner as now prescribed by law for said general election, give notice that the sense of the qualified voters of the several townships of their respective counties, will be taken at said general election for and against the call of a state convention, to modify and reform the constitution of this state.

SEC. 2. Be it further enacted, That it shall be the duty of the several clerks of the several counties throughout this state, in making out the several poll books, as now required by law, previous to the general election to be held in this state, on the first Monday in August, 1854, to add two additional columns to said several poll books; the caption of one shall be "for a convention," the caption of the other "against" a convention.

SEC. 3. Be it further enacted, That it shall be, and is hereby made the duty of the several judges of the several political precincts of the several counties throughout this state, at the general elections to be held in this state on the first Monday in August, A. D. 1854, to take the sense of each qualified voter of their respective political precincts, polling their votes in the general election for and against the call of a convention of this state to modify and reform the constitution of the state; and that they certify the same to the clerks of their respective counties in the manner now prescribed by law, for certifying the votes polled at said general election.

SEC. 4. Be it further enacted, That it shall be the duty of the clerks of the several counties of this state, within thirty days next after the said general election, to certify up to the secretary of state, for the State of Arkansas, the whole number of votes polled in his county for the call of said convention, and also the whole number of votes polled against the call of the convention.

SEC. 5. Be it further enacted, That it shall be the duty of the secretary of state, as soon as the next General Assembly of this state shall have been organized, to put the speaker of the house of representatives of this state in possession of returns so certified to him from the said several counties of this state, which shall be opened and published by him, in the presence of both branches of the next General Assembly of this state; and if a majority of the whole number of the votes polled at said general election be against the call of a state convention, it shall be so declared by the speaker; but if the majority of the whole number of votes polled, as shown by said returns, be in favor of the call of said convention, it shall be so declared by the speaker; and in that case it shall be the duty of the General Assembly, to make provisions by law, for the call and sustainance of a state convention to modify and reform the constitution of this state.

SEC. 6. Be it further enacted, That the said several clerks of the several counties of this state, and the said several judges of elections throughout this state, hereby charged with the duty of carrying into effect the provisions of this act, upon failure by any or either of them to perform the duties herein required of him, shall be subject to the same penalties as now prescribed by law, for the execution of the laws of this state, under the head of "Elections." SEC. 7. Be it further enacted, That this act take effect and be in force from and after its passage.

Approved 10th January, 1853.