body of the county of Sebastian, and particularly for and in behalf of the body of the corporation of Fort Smith; and it shall be the duty of said constable, within ten days after such list shall be so delivered to him, to summon the persons named therein to appear at the next term of the mayor's court, to be held in and for said corporation, on the first day of said term, to serve as grand jurors, and when so assembled they shall proceed, in all respects, in accordance with the laws and regulations at the time in force governing, establishing and regulating grand jurors in this state; shall possess the same rights and immunities, be subject to the same restrictions and penalties, and perform the same duties as far applicable, and shall receive the same emoluments for their services, to be paid by said city. SEC. 35. If any term of the term of the county court at which grand jurors for said corporation ought to be selected, shall not be holden, or if said county court shall fail, neglect, or refuse to deliver to said constable such list of jurors as is required in the preceding section of this act, then, in either of said events, it shall be the duty of said constable, ten days before the next ensuing term of the said mayor's court, to summon sixteen persons qualified to serve as grand jurors, to appear before the said court, on the first day of the said term, to serve as aforesaid, and such grand jury shall be as legal, in all respects, as if selected by the county court of said county. SEC. 36. The mayor's court shall be held four times in each year, at such time and place within the limits of said city as may be prescribed by ordinance. SEC. 37. The mayor shall have power to issue writs necessary and proper to carry into effect the powers and authority conferred upon him by this act, and all writs shall be under seal of the corporation, and shall be signed by the mayor. SEC. 38. The mayor, aldermen, recorder, constable, and other officers, shall, before entering upon the duties of their respective offices, take and subscribe an oath to support the constitution of the United States and of the State of Arkansas, and faithfully to demean themselves in office; which oath may be administered by the mayor, or any judge, or justice of the peace of Sebastian county. SEC. 39. The common council shall provide a suitable jail for said city; and it shall be legal to commit to said city jail all persons liable to be committed to jail under the laws of this state, or by ordinances of said city. SEC. 40. This act is hereby declared to be a public act, and shall be so regarded and received in all courts of this state, without being specially pleaded or proven. SEC. 41. The recorder shall keep a fair and accurate record of all the proceedings of the common council, which shall be open for the inspection of all persons at all reasonable times; and he shall keep in his office all records and public documents belonging to said city; and shall perform such other duties as shall be prescribed by ordinance. SEC. 42. The city constable shall be the ministerial officer of said city, and of said mayor's court, and as such, shall have power to do and perform all acts necessary to carry into effect the objects of this act, and the ordinances of said city; he shall have power to execute and return all process issued by the mayor; he may serve criminal process or warrants, and subpoenas issued by the mayor for offences committed in the city, or in any part of the county and also subpoenas in civil cases. SEC. 43. All suits by or against the corporation, shall be in the name of "the city of Fort Smith," and all process against the same shall be served on the mayor; and in case there shall be no mayor, or there shall be a vacancy in the office of mayor, then the same be served on the recorder of said city. SEC. 44. The inhabitants of said city shall be exempt from labor, or tax for labor, upon the roads of Sebastian county; but the said corporation shall be responsible for the good condition and repair of all roads within the limits of two miles beyond the corporate limits of said city, in all directions within the State of Arkansas, as well as the streets of said city; and for this purpose the common council, in additionto the taxing powers herein before granted, may levy a street tax on each male within said city and within the aforesaid space of two miles beyond the limits of said city, that is between the ages of eighteen and fifty years; and the said county of Sebastian is hereby exempted from working the roads, or causing the same to be worked within the space aforesaid. SEC. 45. If any person shall receive any injury, or damage whatsoever, to his or her person, or property, of whatsoever description, by, through, or on account of the failure, refusal, or neglect of said city authorities to keep the streets of said city, and the roads beyond the limits thereof for the distance mentioned in the preceeding section of this act, in good repair, the said city shall be liable to such person so receiving such injury or damage, in treble the amount of damage or injury so sustained, which may be recovered against said city, by action on the case, for such failure, neglect, or refusal, in any court having competent jurisdiction. SEC. 46. That the inhabitants residing on, and lot-holders in the tract of land south of Garrison Avenue, hereby added to the city of Fort Smith by the first section of this act, before they shall be considered and deemed to be citizens, or inhabitants of Fort Smith, shall hold an election on the fourth Monday of February, 1853, at the residence of J. L. Johnson, situate on said tract of land, and shall then and there vote for or against the addition of said tract of land, south of Garrison Avenue, to said city, and in case a majority of said citizens and lot or property-holders in said tract of land, shall vote for said addition, then. and in that case the said tract of land shall be deemed, considered ard held from thenceforward as a part and portion of said city under the provisions of this act; and in case that a majority of the citizens, lot and propertyholders shall vote against such addition, then and in that case, it shall be deemed and taken that this act shall have no effect upon the citizens, lot or property-holders in and upon said tract of land south of Garrison Avenue. SEC. 47. That the citizens, lot and property-holders in and upon. said tract of land above proposed to be added to said city of Fort Smith, shall, upon, the day appointed, meet together at the place above designated, and when so assembled shall proceed to select from their number, three persons to act as judges of such election, and when so selected, shall take the same oath as is now prescribed by law to qualify the judges of elections held under the authority of the laws of this state, and when the said judges shall be so selected, sworn and qualified, they shall proceed to appoint two clerks for such election, who shall likewise take the same oath as is now provided, to qualify clerks of elections held under the laws of this state. SEC. 48. That when the election is so held, the poll books thereof shall be returned in the same manner as the poll books of the general elections are returned to the office of the clerk of the county court of the county of Sebastian, and the said clerk is required, within the time now prescribed by law, to open the same, and when the same shall be so opened, and the poll thereof counted, an abstract of such poll books shall be made out, under his official seal and filed in his said office, which said abstract shall likewise be recorded in the register of said county in which deeds and so forth are recorded. SEC. 49. That all laws that conflict with the provisions of 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 11th January, 1853. An act to change the name of Ellen Kimbro to the name of Ellen Zachary and to constitute her a lawful heir to the estate of Bartlett Zachary. SECTION SECTION 1. Changes name of Ellen Kimbro, of Johnson county to Ellen Zachary. 3. 2. Ellen Zachary constituted a legal heir to estate of Bartlett Zachary. This act to take effect and be in force from its passage. SECTION 1. Upon the petition of Bartlett Zachary, of the county of Johnson, and State of Arkansas: Be it enacted by the General Assembly of the State of Arkansas, That the name of Ellen Kimbro, the adopted daughter of Bartlett Zachary, now living in the county of Johnson, and State of Arkansas, be, and the same is hereby changed to that of Ellen Zachary. SEC. 2. Be it further enacted, That the said Ellen Zachary, be, and she is hereby constituted a legal heir to the estate of the said Bartlett Zachary, to all intents and purposes as she would be if she was his child, born in lawful wedlock. SEC. 3. Be it further enacted, That this act take effect and be in full force from and after its passage. Approved 17th November, 1852. An act to authorize Abraham Laster and James H., Administrators of the Estate of Frederick Laster, deceased; Daniel Farmer Administrator of the estate of Jane Brown, deceased, and William R. Davis, Administrator of the estate John H. Davis, deceased, all late of Johnson county, to sell the personal property of said estates. SECTION 1. The administrators of Frederick Laster, Jane Brown and John H. Davis deceased, of Johnson county, to pro SECTION 2. Excepting order of said court, administrators to be governed by laws now in force. ceed to advertise and sell personal 3. This act to take effect and be in force property of said decedents without from its passage. WHEREAS, Frederick Laster, Jane Brown, and John H. Davis, |