SEC. 2. Said election shall be ordered by the Board of Supervisors of said county, and it shall be the duty of the Sheriff, when said election is so ordered, to post notice thereof in each election precinct within said county, at least ten days previous to the day of holding such election.

SEC: 3. The manner of holding such election shall be the same as that for electing county officers, the voters designating in their ballots the place. of their choice by writing on the ballot the words "Hardyville" or "Mohave City," and the place having a majority of the votes cast shall be declared the seat of justice, or county seat of said county.

SEC. 4. The Judges of each precinct in said county are required to make a return of the vote in said precinct, to the Secretary of the Territory, who shall canvass the vote and declare the result to the Supervisors of said county, and the Supervisors shall thereupon proceed to establish the county seat, in accordance with the declared result, and give public notice thereof by publication in the Arizona Miner for thirty days, and by posting notice at the county seat.

SEC. 5. If the Board of Supervisors of said county do not call a special election on or before the first day of January, A. D. 1867, for the purpose aforesaid, then at the next general election a vote may be taken in a like manner and with like effect, as provided for said special election.

SEC. 6. This act shall take effect and be in force from and after its passage.

APPROVED October 25, 1866.

AN ACT

Transferring a special fund to the general fund, in the Territorial Treasury. Be it enacted by the Legislative Assembly of the Territory of Arizona :

SECTION 1. That all funds in the Territorial Treasury, which have accrued, or may hereafter accrue, under the provisions of Section fifty-one, Chapter fifty, Howell Code, entitled "Of the Registry and Government of Mines and Mineral Deposits," are hereby transferred to the general fund in the Territorial Treasury.

SEC. 2. This Act to take effect and be in force from and after its passage.

APPROVED October 27, 1866.

AN ACT

Creating the Office of District Attorney.

Be it enacted by the Legislative Assembly of the Territory of Arizona :

SECTION 1. There shall be a District Attorney in each of the counties of this Territory, who shall be elected by the qualified electors of each county, at the general election in the year one thousand eight hundred and sixtyseven, and every two years thereafter, whose term of office shall commence on the first day of December of the year in which he is elected.

SEC. 2. Before entering upon the duties of his office, he shall execute and file with the County Recorder a bond, in the penal sum of one thousand dollars, to the county, conditioned for the faithful performance of the duties of his office.

SEC. 3. The District Attorney in each county, shall be public prosecutor therein.

SEC. 4. The District Attorney in each county shall receive for his services, annually, the following sum: First, of Yavapai, three hundred dollars ($300). Second, of the County of Pima, three hundred dollars ($300). Third, of the County of Mohave, one hundred and fifty dollars ($150). Fourth, of the County of Pah-Ute, one hundred dollars ($100). Fifth, of the County of Yuma, one hundred and fifty dollars ($150). Sixth, when any new county shall be hereafter created, the District Attorney in such county shall receive for his salary not to exceed one hundred dollars ($100).

SEC. 5. He shall attend the District Courts held in his county, for the transaction of criminal business. He shall also attend Justices' Courts in his county, when required by Justices of the Peace, and conduct all prosecutions on behalf of the People, for criminal offences.

SEC. 6. If he fail to attend any term of the District Court, the Court may designate some other person to perform the duties of District Attorney, during his absence from the Court, who shall receive a reasonable compensation, to be certified by the Court, and paid out of the County Treasury.

SEC. 7. The District Attorney shall draw all indictments, when required by the grand jury; shall defend all suits brought against the County; shall prosecute all recognizances forfeited in the District Court, and all actions for the recovery of debts, fines, penalties and forfeitures, accruing to the Territory, or his county; and he shall also perform such other duties. as may be required of him by law.

SEC. 8. When he receives money or property, in his official capacity, he shall deliver a receipt therefor to the person from whom he receives it, and file a duplicate with the Clerk of the Board of Supervisors.

SEC. 9. He shall, on the first Mondays of January and May, and last day of November in each year, file in the office of the County Treasurer an account in writing, certified by oath, of all, moneys received by him in his official capacity, and shall at the same time pay it over to the County Treasurer.

SEC. 10. For a failure to comply with the provisions of the last section, the County Treasurer shall bring an action against him and his sureties, for the recovery of all moneys in his hands not accounted for, and for twenty per cent. additional thereon.

SEC. 11. The District Attorney shall, without fees, give his opinion to any assessor, collector, board of supervisors, coroner, county treasurer, and sheriff, in any matter relating to the duties of their respective offices.

SEC. 12. The District Attorney, in addition to the salary allowed by law, shall receive the same fees as are allowed the Attorney-General by the Howell Code.

SEC. 13. The District Attorney, when not in attendance on the sittings of the District Court as criminal prosecutor, shall attend the sittings of the Board of Supervisors when engaged in auditing accounts and claims. brought against the County, and in all cases oppose such accounts or claims as he may deem illegal or unjust.

SEC. 14. No District Attorney, except for his own services, shall be allowed to present any claim, account or demand, for allowances against his own county, or in any way to advocate the relief asked on the claim or demand made by another.

SEC. 15. The District Attorney may be indicted for a misdemeanor in office, or neglect of duty, and be punished by fine not exceeding one thousand dollars, or by removal from office, or by both such fine and removal from office said fine to be paid into the County Treasury, for county pur

poses.

SEC. 16. In case a vacancy should occur in the office of the District Attorney, by death, removal, or otherwise, the Board of Supervisors shall appoint some suitable person to fill such vacancy, who shall remain in office until the next general election, and until his successor is duly elected and qualified.

SEC. 17. It shall be the duty of the Board of Supervisors of each county, to appoint some suitable person to fill the office of District Attorney, until the next general election, at their next regular or special meeting, after the passage of this act.

SEC. 18. The District Attorney residing in the county in which the capital may be, shall perform the duties heretofore imposed upon the AttorneyGeneral by sections two, three and four of Chapter Sixteen of the Howell Code, entitled "Of the Attorney-General," and he shall receive therefor one hundred dollars ($100), to be paid out of the Territorial Treasury.

SEC. 19. This Act shall take effect and be in force from and after its passage.

APPROVED October 27, 1866.

AN ACT

Concerning Escheated Estates.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. If any person shall die, or any person who may have died, within the limits of the Territory of Arizona, seized of any real or personal estate, and leaving no heirs, representatives or devisees capable of holding or inheriting the same, and in all cases when there is no owner of such real or personal estate capable of lawfully holding the same, such estate shall escheat to and be vested in the Territory of Arizona.

SEC. 2. Whenever the District Attorney shall be informed, or have reason to believe, that any real estate hath escheated to this Territory, by reason that any person hath died seized thereof, and hath left no heirs capable of inheriting the same, or by reason of the incapacity of the devisees to hold the same, or when he shall be informed or have reason to believe that any such estate hath otherwise escheated to the Territory, it shall be his duty to file an information in bahalf of the Territory in the District Court of the Judicial District in which such estate or any part thereof is situated; setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant, the person in possession, and persons claiming such estate if known, and the facts and circumstances in consequence of which said estate is claimed to have escheated, and alleging that by reason thereof the Territory of Arizona hath right by law to such estate; whereupon such Court shall award and issue a summons against such person or persons, bodies politic or corporate, alleged in such information to hold, possess, or claim such estate, requiring them to appear and show cause why such estate shall not be vested in the Territory within the time allowed by law in other civil cases; and the Court shall make an order setting forth briefly the contents of said information, and requiring all persons interested in the estate to appear

and show cause, if any they have, within thirty days from the date of said order, why the same should not vest in the Territory; which order shall be published at least one month from the date thereof, in a newspaper published in said district, if one be published therein, and, in case no newspaper should be published in said district, (by direction of the Judge) in some other newspaper published in this Territory.

SEC. 3. All persons, bodies politic and corporate, named in such information as terre-tenant or claimant to the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the Territory to lands and tenements or personal property therein mentioned, at any time on or before the return day of the summons, and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid by motion for that purpose, in open court, within the time allowed for pleading as aforesaid; and, if no person shall appear and plead as aforesaid, and the person or persons, bodies politic or corporate to whom summons was directed, shall refuse to plead within the time named in the snmmons, then judgment shall be rendered that the Territory be seized of the lands and tenements or personal property in such information claimed. But if any person shall appear and deny the title set up by the Territory, or traverse any material fact set forth in the information, the issue or issues shall be made up and tried as other issues of fact, and a survey may be ordered and entered as in other actions, when the title or boundary is drawn in question; and, if after the issues are tried, it shall appear from the facts found or admitted that the Territory hath good title to the land, tenements, or personal property, in the information mentioned or any part thereof, judgment shall be rendered that the Territory be seized thereof, and recover costs against the defendants.

SEC. 4. The said District Court, upon the filing of said information, and application of the District Attorney, either before or after answer, upon notice, the party or parties claiming such estate, if known, may (sufficient cause therefor being shown) appoint a receiver to take charge and receive the rents and profits of the same until the title to such real estate shall be finally settled.

SEC. 5. All moneys which shall accrue to the Territory by the sale of personal or real property of an escheated estate, or from the rents and profits of lands or tenements held as escheated, shall be paid into the general fund of the Territory, to be used as other moneys in said fund, in defrayment of the current expenses of the Government, and the redemption. of auditors' warrants.

SEC. 6. Any party who shall have appeared to any proceedings as aforesaid, and the District Attorney in behalf of the Territory, shall respectively have the same right to prosecute on appeal, or writ of error, upon any judgment as aforesaid, as parties in other cases.

SEC. 7. The administrator upon any such estate shall proceed as in other