SEC. 7. That whenever it shall be necessary for any person, in order to reach his or her land to pass over the lands of another in said district if such person and owner of the lands over which he has to pass cannot agree as to the right of way, and as to the compensation therefor, and the right of way, then the board of directors or a majority of them after notifying the owner of the time, shall meet and view the lands, and lay off the right of way for the use of said person, and prescribe the width thereof, and determine the amount of compensation to be paid therefor, upon the payment of which to the owners of the land, said person shall have the use of such right of way. SEC. 8. That any person who shall ride or drive over the cultivated lands of another in said territory without first obtaining permission from the owner or person having control or use of such land, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than one nor more than twenty-five dollars, and shall moreover be liable in trespass in double the amount of damages which the owner or person having the control or use of such land may sustain, to be recovered before any court having competent jurisdiction thereof. SEC. 9. That this act shall take effect and be in force from and after its passage. Approved January 30, 1893. ACT IX. AN ACT to Establish Chancery Courts in the Counties of Garland, Hot Spring, Saline and Montgomery. SECTION 1. Establishes the Third Chancery district. 2. Jurisdiction of the court. Manner of appeal. 3. Powers of the Chancellor. 4. Governor to appoint Chancellor by and with consent of the Senate. 5. Qualifications and salary of Chancellor. every eight years thereafter. Chancellor to be elected in 1896 and 6. Clerks of the circuit court and the sheriff to be clerk and sheriff of the chancery court. 7. Special chancellor, how elected; not required to reduce opinions to writing. Vacancies, how filled. 8. Circuit and county judges may issue injunctions and restraining orders in certain cases. · 12. Writs and other process non-returnable to the chancery courts. 14. 15. 16. Courts to be held in same building as circuit courts and counties to pay expenses. Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That the separate courts of chancery be and are hereby established in the counties of Garland, Hot Spring, Saline and Montgomery. That the said counties shall compose and be known as the Third Chancery district. SEC. 2. That the said chancery courts shall have original. jurisdiction of all matters in equity as fully as now exercised by the circuit courts of said counties, and such as may hereafter be given chancery courts under the law in the State. That appeals may be taken from final orders and decrees of said chancery courts as is now provided by the law for appeals from the circuit courts in equity. SEC. 3. The chancellor shall have the power to administer oaths in all cases, to take and certify acknowledgments to deeds and other instruments of writing required by law to be acknowledged; to solemnize marriages; he shall be conservator of the peace throughout the State, and shall have the same power to act in vacation as is now conferred upon circuit judges and chancellors of the chancery court of the chancery districts, in equity cases. SEC. 4. The Governor shall, by and with the consent of the Senate, appoint a chancellor to preside over the chancery court in the district hereby established, who shall be a resident of the district for which he shall be appointed. If the Senate shall not be in session when such appointment is made, the appointee shall hold the office and exercise the functions and powers pertaining to the same until the adjournment of the next assembly, and if the Senate shall not advise and consent to the said appointment, the office shall then be vacant. SEC. 5. The chancellor shall have the qualifications as required of the circuit judges, and shall receive the sum of two thousand dollars ($2000.00) per annum, which shall be paid in the same manner as the circuit judges are paid. He shall hold the office until the general election for the State officers be held in 1896, and until his successor qualifies at which election, and every eight years thereafter a chancellor shall be elected for such district by the electors of said chancery district, in the same manner as the circuit judges of the State are elected, who shall hold the office for the term of eight years. SEC. 6. The clerks of the circuit courts in the counties wherein the chancery courts are established by this act, shall be the clerks of the chancery courts in each of the said counties, and the sheriff in each of the said counties in which the chancery courts are established shall be the sheriffs of said courts. SEC. 7. A special chancellor may be selected for the same cause and in the same manner as special circuit judges are selected, and regular and special chancellors shall not be required to reduce their decisions to writing. Should a va cancy occur in the office of chancellor, the same may be filled, from time to time, in the same manner as is provided by law for filling vacancies in the office of circuit judges of the State. SEC. 8. In the case of absence of the chancellor from the county, the circuit judge or the judge of the county court of the said county may issue writs of injunction or restraining orders, after the complaint has been filed in the office of the clerk of the chancery court of the said county, but not before. SEC, 9. In the cases required by law to be transferred from the law side to the equity side, and from the equity side to the law side of the circuit court, such cases shall be transferred from the circuit court to the chancery court, and from the chancery court to the circuit court in the said counties wherein the said chancery courts are established; and in all equity cases now pending in the circuit courts of the several counties herein a transfer shall be made to the chancery court of the county in which the cause may be pending. It shall be the duties of the several clerks of the circuit courts in the said counties to transfer to the chancery court of the respective counties all the records, books, papers, dockets and docket entries pertaining to the equity side of the circuit court in their respective counties and they shall become the books, records, entries, dockets and papers of the said chancery courts, and be part of the records and proceedings in the cases in which they appertain. SEC. 10. That said chancery courts shall be courts of record, and have a seal, and until otherwise ordered by the court the seal of the circuit court shall be the seal of the chancery court. The chancery court shall be styled and known as the chancery court of the said respective counties. SEC. II. The chancery court may adjourn from time to time, and hold adjourned terms not to conflict with the regular term of circuit court in their respective counties. SEC. 12. All writs, orders, summons and other process issued from the circuit court in equity cases in said counties shall be returnable to the said chancery courts in each of the said counties respectively. SEC. 13. There shall be two regular terms in each year of the chancery court in each of the said counties. In Garland, shall convene on the 3rd Mondays in June and December in each year. In Hot Spring county, on the 1st Mondays in June and December in each year. In Saline county, on the 3rd Mondays in May and November in each year. In Montgomery county, on the 1st Mondays in May and November in each year. SEC. 14. The chancery courts in the several counties in which they are established shall be held in the same buildings in which the circuit courts are held, and the several counties in which the said courts are held shall provide and pay the expenses lawfully incurred in holding of the said courts, and it may be certified to be correct by the chancellor presiding. SEC. 15. The chancellors may exchange and hold courts for each other, as in cases of circuit judges. SEC. 16. This act to take effect and be in force from and after its passage. Approved February 2nd, 1893 |