The true Democrat., 1857-02-17
Real Estate Bank Lands

AN ACT to render the lands and property owned by the Real Estate Bank more produc- tive, and to protect them from trespassers
 SECTION l. Be it enacte{ by tue General As senably of tue State of Arkansas That each and every person who shall hereafter occupy or cause to be occupied any of the lands or town lots owned by the Real Estate Bank of Arkan- sas, without leasing or renting the same from the receiver in chancery of the assets of said bank, shall be liable to pay to said bank rent for all such lands, at the rate oftwo dollars per acre per annum, for the cleared land, and an annual rent for all buildings on such lands, at the rate of ten per cent. on the value of such buildings, which value may be ascertained by three disinterested and respectable househol- ders who may be summoned and sworn bv the sheriff of the county, to make and subscribe, under oath, statement of the true value of such buildings, whenever any such sheriff shall be requested by the reciever in chancerv, or the attorney of said bank; and the sheriff shall make return of such valuation to the receiver of sail q bank, and the sheriff shall be entitled to three dollars and his mileage fees for his trouble; and the appraisers shall each be entitled to the same amount allowed the sheriff; and the said fees snail be paid by the bank
 8 SEC. 7. That the said appraisers shall state in their appraisment, the name aud residence of the person or persons who may occupy, or ~hoSe slaves or hired persons may occupy or use such building and if any of such lands, owned by the bank, be cultivated by any per Son or persons, the receiver in chancery of said bank, or the attorney of the bank may require Fol the sheriff of the county an examination of ssuch improved lands, and statement made and subscribed before him, under oath, by three adlsnterested and respectable householders of the county, stating the quantity of such land so cultivated, and by whom, or for whose be- neht, and the sheriff and the appraisers shall be enttled to like compensation, to be paid by the bank as in the case referred to in the preceding Section of this act; and the sheriff, after attest Xlng such statement and valuation, shall return the same to the said receiver; and any state- ment so made under this act shall be evidence ln all courts of the facts stated therein, and upon any such statement or statements, so made the said bank shall be entitled to receive rents at the rates designated in this act, and such rents shall be a lien in preference to all other demands upon the products of such land, SC owned by the bank, and upon the persona property of the occupants of the buildings, O cultivators of such lands; and in case any per son or persons shall cause said buildings to bt occupiei by his slaves or hired persons, or sucf band to be cultivated or used by any person O persons for his, her, or their benefit, such persor or persons so cultlvating the land or causing tho Same to be cultivated shall be liable to pay to the bank, rents, at the rates hereinbefore stated
 SEC. 3. That if any sheriff refuses to comply with the written request to have such building salued, and improved lands examined, and thu Lumber of acres estimated and stated Tn thu fnanner herenbefore required or shall, afte having any such statement made and authentl cated, which he shall do within two weeks afte being requested thereto as aforesaid, shall neg Feet or fail within that time to make return o the same in such case to said receiver, tn, kald sheriff shall forfeit and pay to said bank, II tach case. not less than two hundred, nor nor, than five hundred dollars which | ay be recov ered on his official bond as sheriff; and that i any person, duly notified by the sheriff, or sum 1noned to act as one of said appraisers, shall re fuSe to do so, if not exempt by law from serv Ing on juries, and from performing lty as on' pf the militia, shall refuse to act as such apprai Ser, such person, refusing, shall be subject tt Forfeit not less than thirty nor more than fifty collars; one half for the use of the sheriff, anc the other half for the use of the bank
 SEC. f. That any person or persons who shal Remove any of the rails, enclosing any building cr improved lands, belonging to said bank, s' as to break the protecting enclosure of eithe
 pr both, shall forfeit and pay three times tn
 alue of such rails, and three times the amour Sf all damages to any such property of the bank ss n addition thereto; and the bank shall hay
 me right to recover the amount of such forfeit
 'lre In any court of competent jurisdiction; am &any and all persons, who shall trespass in an
 manner upon any land belonging to said bank
 ny cutting or using any of the timber, shall b
 tiaoe to pay to said bank six times the vau
 Thereof, to be recovered in any court havin
 ompeteut jurisdictions; one hall to the use of tn
 HoTmer, and the other half to the use of tn
 saa bank; and the constable in each townsh
 "ai, II any such trespass upon lands of sax sKs DanK be committed, and he be informed thereof Z nave the right to bring suit in his own name
 as constable, for the recovery of such forfeitur
 TOT trespass upon the lands of said bank; and h zs shall n all such cases, be deemed the informel and shall be entitled to the one half of tn ..E amount recovered from such trespasser or tres passers; aud when, suing in his own name should such trespass not be established, shal De liable for the costs, and the bank shall no