SECTION I. That a fence made of four barbed wires, ́securely fastened to posts firmly set in the ground one rod apart, and five feet high above the ground, the first wire to be twelve (12) inches; the second, two feet; the third, three (3) feet two (2) inches, and the fourth, four (4) feet six (6) inches above the ground, shall be a lawful fence in Roc Roe Township, Prairie County, Arkansas.

SECTION 2. That the running at large of hogs, sheep, goats and geese is hereby prohibited in the territory embraced in the provisions of this Act.

SECTION 3. After this Act shall take effect, it shall be unlawful for any hog, pig, sheep, goat or goose to run at large in said territory, and if any of the above stock or geese shall be found so running it may be impounded by the owner or tenant of the land upon which it may be trespassing. When any of the above stock or geese shall be impounded it shall be the duty of the person so impounding, within five (5) days thereafter, to notify the owner of said stock, if known, of the taking up of same, and if the owner, or his tenant or agent, shall neglect or refuse to take charge of and pay the expenses of impounding within five (5) days after the notice has been given him, or if the owner be unknown, after the taker-up has advertised the same for five (5) days by posting notices in three (3) public places in the township in which the stock was taken up, and one at the courthouse, giving a minute description by marks and brands, if any, and by flesh marks and other description, the said impounder may proceed to sell same at public sale on the premises of the taker-up of such stock or geese, to the highest bidder for cash in hand, and from the proceeds of said sale shall be entitled to receive for feeding and care of such stock and geese the following charges: For each hog, pig, sheep, goat or goose, five cents per day. The residue shall be paid into the county treasury to the credit of the common school fund. But

should the owner of any such hog, pig, sheep, goat or goose knowingly allow the same to run at large in the above described territory, he shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one dollar ($1), and each day shall constitute a separate offense,

SECTION 4. That all laws and parts of laws in conflict with this Act are hereby repealed, and this Act shall be in force and take effect from and after its passage.

[This Act was filed in the office of the Secretary of State on May 6, 1905, without the signature of the Governor, the General Assembly being adjourned.]

ACT 264.

AN ACT to authorize real estate owners of an improvement district to be organized in the city of Jonesboro, to elect directors for the purpose of purchasing and controlling the water and light plant, and for the construction of sewers for said city.

SECTION

1. Jonesboro City Council authorized to make an improvement district of said town for certain purposes.

Election to be held for election of nine directors.

2.

3.

4.

Qualifications of voters at said election.

Judges and clerks of election to ascertain result and deliver certificates to persons elected.

5.

Persons aggrieved may file a contest in the circuit court.

6.

Poll books and ballots to be preserved for one year.

7.

Act not to repeal any Act regulating the creation of improvement districts.

Be it enacted by the General Assembly of the State of

Arkansas:

SECTION I. That Whereas, The mayor and city council shall organize the city of Jonesboro, or any part thereof, into an improvement district, the real estate owners in said city, in proportion to the amount of taxes paid by them respectively, are hereby authorized to elect nine directors who shall be residents and real estate owners in said city, and shall have complete and full control of the operation and management of the water and light plant, and of the construction of the sewers, or a sewer system, within said city and over lands adjacent thereto. That upon the election of said directors they shall assemble and by an agreement to be reached among themselves, divide themselves into three classes; three of whom shall hold office for one year, three for two years and three for three years, and that their respective successors shall each hold his office for a period of three years.

SECTION 2. For the purpose of carrying this Act into execution, the city council of Jonesboro shall name a day upon which an election for directors may be held, and shall appoint three judges and two clerks for the purpose of holding said election, who shall be resident and real estate owners within the district.

SECTION 3. For the purpose of electing the directors hereinbefore provided for, all persons and corporations who are bona fide owners of real estate, situated in the improvement district shall have one vote for each one dollar of improvement taxes that they are required to pay under the assessment made for the purpose of making such improvement, and each real estate owner shall have a right to vote for nine directors, and shall be authorized to vote one vote for each one dollar of taxes which he may have to pay under the assessment.

SECTION 4. When the polls for the election of directors are closed, it shall be the duty of the judges and clerks

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of election to count the ballots, and, if necessary, they can compare each ballot with the tax books of the city or county for the purpose of ascertaining whether any real estate owner has voted a greater number of votes than he is entitled to, but shall in all cases allow each real estate owner the right to vote the full number of votes that he is entitled to under the provisions of this Act, and upon ascertaining the number of votes cast for each director, the said judges and clerks of election shall deliver to the nine directors receiving the highest number of votes a certificate of their election, which shall entitle them, or either of them, to act during their respective terms.

SECTION 5. Any person or persons voted for as directors who may feel aggrieved, or feel that there has not been a fair counting, may file a contest in the circuit court against such director whom they may deem not elected, and, after giving said contestee notice, may proceed to take proof as to the number of votes cast in said election, which proof shall be submitted to the circuit court, and determined as any other contested election cases are determined.

SECTION 6. That the judges and clerks of election shall select one of their number, whose duty it shall be to preserve and retain the poll books and ballots for the election of any board of directors for a period of one year, and shall hold the same in readiness and subject to inspection by any person who may contest the election of any director.

SECTION 7. This Act is not intended to repeal any law regulating the creation of improvement districts.

SECTION 8. This Act shall take effect and be in force from and after its passage.

Approved May 6, 1905.

ACT 265.

AN ACT to amend Section 2771 of Kirby's Digest of the Statutes of Arkansas.

SECTION

I. Amends Section 2771 of Kirby's Digest relating to list of those who have paid poll tax.

2.

Laws in conflict repealed; Act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION I. That section 2771 be amended so as to read as follows: Section 2771. On the first Monday in July of each year the collector shall file with the county clerk a list containing the correct names, alphabetically arranged, according to political or voting townships, and according to color of all persons who have up to and including that date paid the poll tax assessed against them respectively. The correctness of this list shall be authenticated by the affidavit of the collector in person. The county clerk shall at once record the said list in a well-bound book to be kept for that purpose, and on or before the 15th day of July shall deliver to the county election commissioners, or to the chairman or secretary of the said board, a certified copy thereof. The original shall be kept on file in the office of the said clerk, free to the inspection of all the electors of said county, and the clerk shall, on demand accompanied by the fee prescribed by law for making a copy of any instrument for record, make a copy thereof for any person. The county election commissioners shall cause to be printed a sufficient number of said lists to supply to each judge of election at every general or special election a copy thereof, to be sent to such judge with the ballots and blank poll books now directed to be sent preparatory to holding an election. The said election commissioners are