The true Democrat., 1857-01-20

scot of gorernment SO that the causes of ths State, including that against the Trustees and O5sccrs cf fhe Real Estate Bank and those of ,nd'vsduals may be determined as carly as practicable" and opprored l5th Jrnuary 1855.
 | Be 1t enacted by the General Assembly of the State of Arkansas, as follows:
 | SEC. l. All suits Tn chancery that may hero- after be brought to enforce payment of the stock bonds: or to foreclose the stock mortgages given to the Real Estate Bank of the State of Arkansas; or to protect or enforce the interests and rights of tho holders of the bonds that were issued by the State to the Real Estate Bank, and were sold by the bank; or to protect and enforce the interests and rights of the State | on account of her issuance of such bonds and her guarantee oI their payment; or to protect | ana enforce the interests and rights of the re- ceiver of the assets of the Real Estate Bank, snail be brought prosecuted and determined in the court ot chancery established by the act to which ths act Is an amendment SEC. 7. All suits that are undetermined and pending in the circuit courts sitting in chancery Tn this State, that were brought by the Real Estate Bank by the trustees thereof, or by the receiver of the assets Of such bank, or that were brought against the bank or its trustees, are hereby transferred to the court of chancery, mentioned in the foregoing section; and such court shall be taken to have and shall hereafter have the exclusive jurisdiction of such suits, and no other court shall hereafter try, hear or preside over such suits, or in any way entertain l jurisdiction thereof.
 | SEC. 3. The clerks of the several circuit courts in which the suits that are mentioned in the preceding section, are pending shall i'm medlately mako out and certify correct tram scripts of all the orders and record entries that l have been made Tn each case, and shall send such transcripts with the original papers of each case to tho clerk of the chancerv court held at the seat of government, who shall file the same in his office and place them upon the docket of cases for procedure and hearing in said court, according to law.
 SEC 4. In tue transmission of the original papers and transcripts, AS provided for Tn the preceding secton the several clerks of the cirs cult courts shall conform to the directions coh- tained in the fourteenth section of chapter one hundred and sixty-seven of the Digest of the Statutes, now in force, relative 10 change of venue: And if any clerk shall fail to comply with the provisions of this act, compliance there with may be enforced by the chancery court by rule or attachment or other legal and appro- prate proceeding.
 | SEC. 5. Al suits at law which the receiver of the assets of the Real Estate Bank may be obliged or advised to bring in the administra- ton of his trust, may be brough, in the circuit court of the county in which is the seat of so- vernment of this State, notwithstanding the defendants may reside el.ew here in the State and although the property that may be the ob. ject of the suits may be situated in some other county.
 SEC. 6. The clerk of the court of chancery at the seat of government and of the circuit court of Pulaski county shall have power to issue all legal process in the suits begun in and transferred to their several courts by authority of this act, and such process shall be directed to the proper officer or person of the county where the defendant resides or can be found or where the property to be affected by the suit IS situated; and in the exteution and return of such process, the officer or person to whom it shall be directed, shall be unanswerable to the court issuing the same
 1 SEC. :. When, under the provisions of this act any, decree or judgment shall be made Tor rendered In the courts of Publaski county against persons or property not within it's terri torla Jurisdiction, an authenticated transcript of the entry made in the dgment docket as requir ed by law shall be Immediately Transmitted to the proper clerk in the county where the drfend- an. may reside, or may have real e.'ate. or WI here the real estate sought to be affected by the de- cree or judgment Is situated, and the clerk re- celving such transcript shall at once file for re- cord, and shall record the same upon his own | judgment docket; and such judgment or decree shall be lien upon real estate in the county where it's transcript is filed as if the same had been made rendered in that countv-and such transcript may be filed, with like effect in every county in which the defendant to the de- cree or judgment may own real estate.
 SEC. 5. Any person who nay have given any stock mortgage to the Real Estate Bank of the State oi Arkansas or the representatives ot any such person may provide fund for the redemption of the lands embraced in the mort gaze by depositing with the State treasurer any bonds or coupons that were issued by the State to the bank, and that were sold by tho bank; and when such bonds and coupons shall have become payable, and sufficient amount there Of with the interest accrued, shall have been deposited to pay the amount of stock and ac- crued interest for which the lands were mort gagged, such depostor or his representatives shall be entitled to have the mortgage cancelled. and to hold and to have right to the lands free ! from any membranes on account of such mort gage, and such depostor or his representatives. may apply to the court of chancery having iu- rlsdlctlou of the matter for confirmation of hi, ! title.
 SEC. 9. The deposit with the treasurer of the bonds as provided for in the preceding scc- ton shall not be taken ss payment into the treasury Of the State, and shall not work a can- collation. or satisfaction of the bonds, but tho treasurer shall hold them as a trustee for the deposltor, for the State and for all parties con- cerned, and such bonds shall draw interest a, other outstanding unredeemed bonds till final settlement of the stock debt and satisfaction of the stock mortgage, as provided for in the foregoing section. And in such settlement. if there be an excess of bonds and interest, over the stock debt and interest, the depositor shall have such excess refunded to him. And on deposit Of bonds and coupons as provided for, the treasurer shall give to the depositor three certificates, describing the bonds and coupons de- posted by whom, and against what lands de posted, ot which certificates one shall remain on hIe Tn the auditors office, one with the re- csver ot the assets of the Real Estate Bank, and one shall be retained by the depositor. and Tor receiving each deposit and giving certificate. thereof, the treasurer shall receive three dol lars, to be paid by the depostor.
 DEC. io. The expense of the removal of the suits provided for in the second section of this act and that of filing in the proper counties copies of the judgment docket entries as pre- scHoed Tn the seventh section of this act, shall not be taxed as costs in the cases, but shall be pad by the receiver of the assets of the Real State Bank outof such assets.
 SEC. II. The clerk ofthe chancery court es- taoIlsh by the act to which this is an amend ment. shsli have the same fees that are allow ed by law to the clerk of the supreme court for similar services; and the sheriff of Pulaski county, shall have the same allowance for at- tendance upon the chancery court, that he has by law for attendance upon the supreme court. and the contingent expenses of the charcery court, and the fees of the clerk and sheriff that are not taxed as individual costs against parties litlsant, shall be audited aud approved by the chancellor, and paid out of the State treasury: and sum sufficient to pay such expenses and lees Is hereby appropriated thereto out of any moneys Tn the treasury, not otherwise appro-