War of the Rebellion: Serial 127 Page 0351 CONFEDERATE AUTHORITIES.

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proven by any officer now authorized by law to serve process or by the return of any commissioned military officer of this State or the Confederate States.

SEC. 3. Be it further ordained. That it shall be good cause for continuance of any cause pending in any court that a defendant is in the military service of this State or the Confederate States, that he has a meritorious defense, and that the same cannot be made without his personal attendance, which facts shall be verified by affidavit of the defendant or some person for him, and that the affidavit provided for in this section may be made before any military officer in the service of this State or of the Confederate States, or any civil officer authorized by any State in the Confederacy to administer oaths without further authentication.

SEC. 4. Be it further ordained. That all statutes of limitation and non-claim be suspended in favor of and against all persons engaged in the military service of this State or of the Confederate States during the time of their service.

SEC. 5. Be it further ordained. That no execution shall issue against the property of any citizen of this State while in the military service of this State or of the Confederate States during the time of their service.

SEC. 5. Be it further ordained. That no execution shall issue against the property of any citizen of this State while in the military service of this State or of the Confederate States, unless the plaintiff or some other person for him shall, at the time of applying for such writ, make and file an affidavit that the property of the defendant is about to be removed from the county, the truth of which allegation may be tried by a jury when demanded by the defendant or some person for him before the tribunal to which such execution or process may be made returnable.

SEC. 6. Be it further ordained, That in any case where a suit may be pending, or may hereafter be instituted, in any court in this State, against two or more persons, a part of whom may be in the military service of the State of Arkansas or of the Confederate States, it shall be lawful for the plaintiff or plaintiffs to dismiss said suit as to such of the defendants as may be engaged in such military service, and proceed against the others to final judgment and execution, as now provided for by law.

SEC. 7. Be it further ordained, That in all cases where it shall appear that the judgment debtor in service is not the sole principal debtor, an execution may issue by order of court, after notice against the remaining judgment debtors, but not against the person in such service.

SEC. 8. Be it further ordained. That in all cases where an execution shall be issued against a person who shall thereafter, before sale, enter the military service of this State or of the Confederate States, the officer having said execution shall not enforce the same against the prerson.

SEC. 9. Be it further ordained. That nothing in this ordinance shall be so construed as to prevent the due collection of taxes.

SEC. 10. Be it further ordained. That this ordinance may be repealed in part or in whole, by legislative enactment, and shall be in force from and after its passage.

Adopted and passed in and by the convention on the 23d day of May, A. D. 1861.

DAVID WALKER,

President of the Convention of the State of Arkansas.

Attest.

ELIAS C. BOUDINOT,

Secretary of the Arkansas State Convention.