A further act provides, that on appeals or writs of error in criminal cases, the judgment in the primary court shall not be reversed because of any defect of the oath of any grand or petit jury, unless the record discloses that objection was made in the court below during the progress of the trial; provided, that the rule shall not apply when it affirmatively appears that the accused did not have the benefit of counsel on his trial.
Another provides, that either party may require the examination of any or all witnesses to be taken orally before an examiner to be appointed by the court instead of by deposition or interrogatories; a most excellent safeguard against perjury, and yet greatly tending to diminish the costs, usually so burdensome in chancery causes.
ARKANSAS.
Very few acts of general importance were enacted by the legislature of Arkansas at its recent session. Two or three should be noticed. One declares that railroad companies shall become subject to a penalty, to be recovered by the party aggrieved, for charging and endeavoring to collect a greater sum than is specified in the bill of lading, for the transportation of merchandise or freight of any kind, or for a failure by said company to deliver the thing so transported to the consignee, or his agent, upon a tender of the sum mentioned in the bill of lading.
Another provides that defendants in all criminal proceedings in the state are allowed, upon their own request, to testify in their own behalf, but their failure to do so shall not be commented upon, nor be allowed to create any presumption whatever against them.
An act of doubtful validity, it would seem, declares it to be a misdemeanor, punishable with fine and imprisonment, for any person not a citizen of Arkansas to herd, graze, or permit any stock whatever to run out in the state of Arkansas.
An act to forfeit railroad charters provides that all charters
