Arkansas intelligencer., 1849-01-20

seat OF government, certified copies OF the absf acts
filed in his office of the returns of the election for
Judge OF the county and probate court, for Judge
of the circuit court, and for prosecuting attorney.
Sec. 3. BE 1t further enacted, That it shall be
the duty of the Secretary of State, in the presence
OF the Governor, within thirty days a fter the time
herein allowed, TO make returns of elec iions to
the clerks of the county court, or sooner, if all
| the returns shall have been received from any
one Juclclal circuit, TO cast up and arrange the
| votes from the several counties from which re-
turns shall have been received for each person
voted tor as county and probate Judge, as Judge
OF the circuit court, and prosecuting attorney !;
ana such person as shall have received the highest
number of votes for either of said offices. within
his respective county or circuit, shall be imme-
dIateIy commissioned by the Governor.
Sec. I. be uturther enacted, That if any two
| or more persons have an equal number of votes
for the same office, and higher number than
any other person. the Governor, in such case.
| shall issue a writ Of election, directed 10 the
sheriff OF the proper county or counties, which
election shall be holden day therein named ,
for the purpose of electing Judge of the county
and probate court, Judge Of the circuit court, or
prosecuting attorney, as the case may be.
Sec. 8. Be it further enacted, That if vacancy
shall occur in either Of the offices of Judge of the
circuit court, or of prosecuting attorney, by DEATH
resignation; removal from the county, n the case
OF Judge OF the county and probate court; remov-
al from the circuit, in of Judge Of the circuit
court, or prosecuting attorney, or otherwise, it
shall be the duty of the Governor to issue a writ
OF election to fill such vacancy, directed to the
sheriff or sheriis of the proper county or countless
which election shall be holden on a day named in
SAID writ of election and the person elected TO
NIL vacancy shall hold his Office for the unex-
Pred term of his predecessor, and until his sue
ceSSOr IS elected and qualified
Sec .. be further enacted, That all special
elections which may be held by virtue of the pro-
visions OF this act, whether In the case of tie.
or to fill vacancy, shall be holden in thirty days
from the date oE The writ of election; and when
such election shall be holden for the purpose of
eectIng ud ge of the circuit court or prosecuting
attorney, the governor shall cause q copy of such
writ OF election TO be published in one of the
| newspapers at the seat Of our government, and
IN all the newspapers within the circuit in which
such election is TO be held.
Sec. 10. BE IL further enacted, That. to prevent
confusion IN the judiciary department. the attorney
general be requested TO issue Immediately n writ
OF quo t0arrdnfo against some one of the judges
of tho circuit cnnrt alarioh a ,ho Inst
OF the General Assembly, TO inquire by what
tenure said Judge holds his Office and if the
supreme decide that such Judge holds his
office for the term of four years from the date
elected and qualified, then, and in that case. the
Jud ges of the first, third, fifth and seventh judicial
circuits, who were elected the last session Of
the General Assembly, shall respectively be the
judges of the first, third, fifth and fourth judicial
circuits, as established by this act, until the
first Monday in February, eighteen hundred and
hfty.one, and until their respective successors
elected and qualified and if a vacancy occurs in
the office of Judge of either of the circuits last
aFO sh,ll ha Io6 a, tba
ner and for the time prescribed in the eighth sec-
ton of this act and al the general election to be
holden on the first Monday in February, eighteen
hundred and ffty-ono, and every four years there.
AFTER Judge shall be elected for the term of four
years. and until his successor is elected and quail
fled.
Sec. IL. Be ii further enacted. That the Judges
of the circuit court shall each receive an annual
salary of twelve hundred and fifty dollars; the
prosecuting attorneys, except for the fifth judicial
circuit, shall each receive annual So arv of four
hundred dollars; the prosecuting attorney for the
fifth Judicial circuit ehaII receive an annual salary
ofseven hundred dollars, for his services as such
and as attorney general Of the State.
Sec. II. BE IL turfher enacted, That the seve-
raj county courts may increase the per diem pay
of the county and probate Judge TO any sum not
exceeding five dollars per day: Prorided That
a ma jority Of the whole number Of justices enli-
tied 10 sit court be present. and consent to the
same.
Sec. 13. Be IL further enacted, That if there
should be any cause pending in any court which
the presiding Judge is by law incompetent to try,
that the same shall be by such Judge certified to
the Governor, forthwith upon the receipt of such
certificate, the governor shall appoint special
term to be held for said court within three months
thereafter; and shall direct one of the Judges OF
the adjoining circuit TO hold the same for thecau-
ses so certified and if said causes, or any part
of them, are not disposed of at term, that fact
shall be by such judge Of the special term, certifi-
ed to the Governor, who shall thereupon appoint
special term. to be held for the trial of the
in three months thereafter, and direct another
judge of an adjoining circuit to hold the same, and
so on until all Of said causes are disposed Of and
such special terms shall be appointed as not to
interfere with the other courts of the circuit from
which the special judge is taken.
Sec. ID BE IL further enacted, That the judges
of the circuits may, by agreement, interchange
and hold courts for each other, either for the whole
circuit, for one term, or for part of term.
Sec. Is. BE 1t further enacted, That the COVER
nor shall notify the judge of his appointment. and
the clerk of the court of the time appointed for
such special term, who thereupon shall give imme-
date notice of the fact by sticking up notice at