SEC. 1. Be it enacted by the General Assembly of the Territory of
Arkansas, That, within twelve months after the taking effect of
this act, it shall be the duty of the clerks of the county court of the
counties of Clark and Hempstead, to liquidate the debts and credits of
their respective counties, and if, on such adjustment, it shall appear that
either or both of said counties are in debt, (to) deliver a transcript of
the amount of said debt to the sheriff of said county or counties, who
shall deliver the same to the clerk of the county court of the county of
Pike, as soon as the same is organized, whose duty it shall be to charge
the county of Pike with a fair apportionment thereof, according to the
amount of taxes paid into the county treasury for the year 1833; and issue
certificates for the amount thereof, payable to the sheriff of the county
of Clark or Hempstead, as the case may be, (if any such debt there be);
twenty-five per centum of the amount of taxes assessed for the county
purposes in said county of Pike shall annually (be) appropriated to the
payment of said debt or debts, until the whole of said certificates are
paid; and the sheriff of the county of Pike is hereby required to pay,
annually, to the sheriff of the county of Hempstead or Clark, as the case
may be, after deducting his per cent, for assessing and collecting the
aforesaid twenty-five per centum of the whole amount of revenue collected
for county purposes, in said county of Pike, and take up so much of said
certificates as the said twenty-five per centum will (pay); which
certificates, so redeemed, shall be filed with the clerk of the county of
Pike, and by him placed to the credit of the county of Pike; and the
sheriff of the county of Hempstead and Clark, as the case may be, shall, on
the receipt of the aforesaid twenty-five per centum, collected as
aforesaid, file with the clerk of the county of Hempstead or Clark, as the
case may be, the true amount collected, whose duty it shall be to charge
said sheriff with such amount.
SEC. 2. Be it further enacted, That it shall be the duty of the clerk of
the county court of the county of Hempstead and Clark, or either
of them, on a liquidation of the debts and credits aforesaid, if said
counties, or either of them, is not in debt, but will have money in the
treasury, after collecting and paying its debts, to make out a transcript
of the claims remaining in the county treasury of the county of Hempstead
or Clark, as the case may be, for a fair and just apportionment of the
money remaining in the treasury of the county of Hempstead or Clark, as
aforesaid, and pass his receipt to the treasurer of Hempstead or Clark
counties, as the case may be, which receipt shall be good and sufficient
voucher to the treasurer of either of said counties for the amount so paid
by him; and the said sheriff shall, on the receipt of the aforesaid amount,
collected as aforesaid, file with the clerk of the county court for the
county of Pike the true amount collected, whose duty it shall be to charge
the sheriff with the same; provided, that the sheriff of the county of
Pike shall not be authorized to draw on the county of Hempstead for a
greater amount than the amount of the taxes assessed against those persons
stricken off from the county of Hempstead for the year 1833.
SEC. 3. And be it further enacted, That, the clerk or the sheriff of
either the counties aforesaid, on failing to comply with all or
any of the provisions of this act, shall forfeit and pay into the county
treasury not exceeding five hundred dollars, to be recovered, on motion of
the prosecuting attorney, before the court where such neglect or
non-performance may arise, for the use and benefit of the county where the
penalty may be incurred.
SEC. 4. And be it further enacted, That, after the passage of this act,
the boundary line between the county of Pike and Hempstead shall
be as follows, to wit: commencing at the house of John Wood, on Little
Missouri river, thence up said river to the mouth of Hickory creek, thence
up said creek to its source, thence on the dividing ridge between Mine
creek and Missouri, thence due west to the Sevier county line.
SEC. 5. And be it further enacted, That this act shall take effect, and be
in force, from and after the first day of December next.
JOHN WILSON, Speaker
of the House of Representatives.
JOHN WILLIAMSON, President
of the Legislative Council.
Approved: November 15, 1833
JOHN POPE.
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ACTS, PASSED AT THE EIGHTH SESSION OF THE GENERAL ASSEMBLY OF THE TERRITORY
OF ARKANSAS: which was begun and held at the town of Little Rock, on
Monday, the seventh day of October, and ended on Saturday the sixteenth day
of November, one thousand eight hundred and thirty-three. LITTLE ROCK:
Printed by William E. Woodruff, 1834, page 71-74: An act apportioning the
debts of the counties of Clark and Hempstead with the county of Pike and
for other purposes.
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Update 03.18.01 David Kelley 2000 ACTS-002.HTM