ROBERT W. WOODRUFF
LIBRARY
Samuel Cole Williams
COMPILATION
ON" THE
STATUTES OF TENNESSEE,
OF A
GENERAL AND PERMANENT NATURE,
FROM THE
t3MMENCE31ENT OF THE GOVERNMENT TO THE PRESENT TI3IE.
Willi UiALlON'ES
TO JUDICIAL DECISIONS, IN NOTES,
to which is appf.nl ed
A FEW COLLECTION OF FORMS.
IIY If. I, CAHUTIIEilS Nr A. O. P. NICHOLSON.
§1 asU'ofiI c, Scnu.
I'lmlca at th" fetcaiu Prc.j ok James i^amlli.
-— — Jt-
COFT BIGHT SECURED ALL >m ? \ 10 I VN.
PREFACE.
This Work will be found to contain all the Statutes both of North
Carolina and Tennessee now in force in this State, of a general and per-
rnanent nature. The Compilers have found it an undertaking of great
labor and difficulty to prepare a work of its extent, on a plan so entirely
new in many of its features. They hope however that, by industry and
perseverance, they have been enabled to present to the public a Compila-
tion worthy of patronage..
Their leading object has been to arrange the Statutes under such titles
and on a plan, that the law on any subject can be readily found by any
man who may have occasion to consult the work. They have therefore
arranged the titles in alphabetical order, and so divided and subdivided
them, that every distinct subject may be found under its appropriate title.
In arranging the Statutes under the several titles, they have placed them
in the order of time in which they were passed. By this combination of
the alphabetical and chronological order, they believe they have rendered-
it easy for any man to turn without difficulty to the law on any particular
subject.
In carrying out their plan, the Compilers have relied almost exclusively
en that excellent revisal of Judge Scott, for the Statutes passed previously
to 1821, and for those subsequent to that date, they have relied entirely on
the pamphlet acts, except in some instances where they have resorted to
the original enrolled acts for the correction of errors in the printed cop-
ies. For example, several such errors were discovered in the Militia actf
some of them quite material—all of which are corrected from the original
in this work. With the aid of the copious index to "Scott's Revisal,"
they examined carefully the matter belonging to each head,—commencing
with the earliest act, and pursuing the subject down through the several
iv
PREFACE.
amendments and alterations which it may have undergone—noting in
the margin the repeal or amendment at any time made, until they finally
satisfied themselves as to the portion still in force, and opposite to such
portions always marking the title under which it was placed.—
The same plan was pursued with the pamphlet acts down to the end of the
Session of 1835—6. In this manner, they traced out the enactments on
each distinct subject, and were enabled to place under its appropriate ti-
tie, every section which they considered in force. After completing the
examination in this way, they turned over "Scott's revisal" and the
pamphlet acts, leaf by leaf, and satisfied themselves that they had not
emitted any section which they believed to be in force. If any Statute or
part of a Statute has been omitted, they are of opinion it can only be such
as may have been tacked on to private acts and with them printed. Some
such they have found and inserted.
In many instances it became absolutely necessary to change certain
words of Statutes, to adapt them to the alterations which the different
departments of the government have undergone, especially in its organi-
zation by the legislature of 1835—6 under the new constitution. For
example, the changes in the court systems, and their jurisdictions, have
required them to substitute the "Circuit" for the "Superior," the "Supreme"
for the "Court for Errors and Appeals," the "Circuit" for the "County"
Court, &c., in very many instances. The substituted words, however, are J
with very few exceptions, printed in italics.
The Compilers, not unfrequently, were embarassed in determining to
what title certain sections most appropriately belonged. In all such in-
stances they adopted the plan of inserting the sections entire under one
of the titles, and under the others giving their proper date, chapter and
section, with a short note of the subject matter of the sections, and refer-
ence to the title under which they were inserted entire. In all such cases,
the note &c, is included in brackets.
In a few instances it has been deemed important to insert all the acts
upon a particular subject, as well those not in force as those that are, in
consequence of their frequent use in deducing titles to property. This
is done under the titles of Descents, Dower and Registration.
preface.
v
The references made to the decisions of the Supreme Court on consti-
tufional questions and the construction of the Statutes which they have
given in notes, it is believed, will be found of great use in understanding
them correctly. In the notes to the Constitution of the United States
they have received much aid from the excellent Digest of Messrs. Morehead
and Crown of Kentucky. In the references to the decisions of our Supreme
Court they have not given all those that relate to every particular subject,
but only such as were deemed most necessary for a correct understanding
of the Statutes.
They entertain a hope that the System of Conveyancing and other
forms given in the Appendix, will be found an improvement upon those
now in common use. In framing them they have consulted brevity and
perspicuity, and endeavored to avoid that accumulation and repetition of
words, which they have ever considered so palpable a defect in the forms
now in general use. But they feel every confidence—an c'have also the
opinions of legal men of high character, that in abridging the forms, they
have retained every legal requisite. Wherever a form is made upon a
Statute, the act and section are referred to in the caption. Notes of expla-
nation are also given when deemed necessary. They have also given an
Index to the forms and other matter contained in the Appendix at the end
of the same.
The general index at the end of the volume will be found more copious
than usual. But their object has been to afford an easy and certain means
of finding any law without difficulty.
In presenting this work the Compilers do not deem it necessary to ac-
company it with the numerous testimonials in its favor, which have been
kindly and voluntarily tendered to them by the most distinguished legal
gentlemen in the State. They submit it to the public with a confident be-
lief, that they will receive the patronage which their labors may merit.
R. L. CARUTHERS.
A. O. P. NICHOLSON.
Mv. 15th, 1836.
DECLARATION OF INDEPENDENCE.
In Congress, July 4, 1776.
the unanimous declaration of the thirteen united
states of america.
When, in the course of human events, it becomes necessary for one people to
dissolve the political bands which have connected them with another, and to
assume, among the powers of the earth, the separate and equal station to which
the laws of nature and of nature's God entitle them, a decent respect for the
opinions of mankind requires, that they should declare the causes which impel them
to the separation.
We hold these truths to be self-evident:—that all men are created equal; that
they are endowed by their Creator with certain unalienable rights; that among
these are life, liberty, and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just powers from the con-
sent of the governed; that whenever any form of government becomes destructive
of these ends, it is the right of the people to alter or to abolish it, and to institute
a new government, laying its foundation on such principles, and organizing its
powers in such form as to them shall seem most likely to effect their safety and
happiness. Prudence, indeed, will dictate, that governments long established
should not be changed for light and transient causes; and accordingly all expe-
rience hath shown, that mankind are more disposed to suffer while evils are suffer-
able, than to right themselves by abolishing the forms to which they are accus-
tomed. But when a long train of abuses and usurpations, pursuing invariably the
same object, evinces a design "to reduce them under absolute despotism, it is their
right, it is their duty to throw off such government, and to provide new guards for
their future security. Such has been the patient sufferance of these colonies;
and such is now the necessity which constrains them to alter their former systems
of government. The history of the present king of Great Britain is a history
of repeated injuries and usurpations, all having in direct object the establishment of
an absolute tyranny over these states. To prove this, let facts be submitted to a
candid world.
He has refused his assent to laws the most wholesome and necessary for the pub-
lie good.
He has forbidden his governors to pass laws of immediate and pressing im-
portance, unless suspended in their operation, till his assent should be obtained;
and when so suspended, he has utterly neglected to attend to them. He hasjefused
to pass other laws for the accommodation of large districts of people, unless thoso
people would relinquish -the right of representation in the legislature—a right
inestimable to them, and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and
distant from the depository of their public records, for the sole purpose of fatiguing
them into compliance with his measures.
He has dissolved representative houses repeatedly, for opposing, with manly
firmness, his invasions on the rights of the people.
He has refused, for a long time after such dissolutions, to cause others to be
elected; whereby the legislative powers, incapable of annihilation, have returned
2
2
declaration of independence.
to the people at large, for their exercise, the state remaining, in the mean time,
exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these states; for that purpose
obstructing the laws for naturalization of foreigners; refusing to pass others to
encourage their migration hither, and raising the conditions of new appropriations
of lands.
He has obstructed the administration of justice, by refusing his assent to laws
for establishing judiciary powers.
He has made judges dependent on his will alone, for the tenure of their offices,
and the amount and payment of their salaries.
He has erected a multitude of new offices, and sent hither swarms of officers,
to harass our people, and eat out their substance.
He has kept among us, in times of peace, standing armies, without the consent
of our legislatures.
He has affected to render the military independent of, and superior to, the civil
power.
He has combined with others to subject us to a jurisdiction foreign to our
constitution, and unacknowledged by our laws; giving his assent to their acts of
pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock trial, from punishment for any murders which
they should commit on the inhabitants of these states:
For cutting off our trade with all parts of the world:
For imposing taxes on us without our consent:
For depriving us, in many cases, of the benefits of the trial by jury.
For transporting us beyond seas to be tried for pretended offences:
For abolishing the free system of English laws in a neighbouring province,
establishing therein an arbitrary government, and enlarging its boundaries, so as
to render it at once an example and fit instrument for introducing the same
absolute rule into these colonies:
For taking away our charters, abolishing our most valuable laws, and altering,
fundamentally, the forms of our governments:
For suspending our own legislatures, and declaring themselves invested with
power to legislate for us in all cases whatsoever.
He has abdicated government here, by declaring us out of his protection, and
waging war against us.
He has plundered our seas, ravaged our coasts, burnt our towTns, and destroyed
the lives of our people.
He is at this time transporting large armies of foreign mercenaries to complete
the works of death, desolation, and tyranny, already begun with circumstances of
cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally
unworthy the head of a civilized nation.
He has constrained our fellow-citizens, taken captive on the high seas, to bear
arms against their country, to become the executioners of their friends and
brethren, or'to fall themselves by their hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring
on the inhabitants of our frontiers the merciless Indian savages, whose known
rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.
In every stage of these oppressions we have petitioned for redress in the most
humble terms: our petitions have been answered only by repeated injury. A
prince, whose character is thus marked by every act which may define a tj -
rant is unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our British brethren. We ha\ e
warned them, from time to time, of attempts by their legislature to extend an
declaration of independence.
3
unwarrantable jurisdiction over us. We have reminded them of the circumstances
of our emigration and settlement here. We have appealed to their native justice
and magnanimity, and we have conjured them by the ties of our common kindred
to disavow these usurpations, which would inevitably interrupt our connexions and
correspondence. They, too, have been deaf to the voice of justice and of consangui-
nity. We must, therefore, acquiesce in the necessity which denounces our sepa-
ration, and hold them, as we hold the rest of mankind—enemies in war, in peace
friends.
We, therefore, the representatives of the United States of America, in general
congress assembled, appealing to the Supreme Judge of the world, for the rectitude
of our intentions, do, in the name and by the authority of the good people of these
colonies, solemnly publish and declare, that these united colonies are, and of right
ought to be, free and independent states; that they are absolved from all allegiance
to the British crown, and that all political connexion between them and the state
of Great Britain is, and ought to be totally dissolved; and that, as free and indepen-
dent states, they have full power to levy war, conclude peace, contract alliances,
establish commerce, and to do all other acts and things which independent states
may of right do. And for the support of this declaration, with a firm reliance on
the protection of Divine Providence, we mutually pledge to each other our lives, our
fortunes', and our sacred honor. JOHN HANCOCK. President.
Charles Thompson, Secretary.
NEW HAMPSHIRE.
James Smith,
George Taylor,
James Wilson,
Josiah Bartlett,
William Whipple,
Matthew Thornton.
MASSACHUSETTS BAY.
Samuel Adams,
John Adams,
Robert Treat Paine*
Elbridge Gerry.
RHODE ISLAND, &c.
Stephen Hopkins,
William Ellery.
Cajsar Rodney,
Thomas M'Kean.
George Read,
Samuel Chase,
William Paca,
Thomas Stone,
George Ross.
ie xuuajd,
MARYLAND.
DELAWARE.
CONNECTICUT.
Roger Sherman,
Samuel Huntington,
William Williams,
Oliver Wolcott.
George Wythe,
Richard Henry Lee,
Thomas Jefferson,
Benjamin Harrison,
Thomas Nelson, jr.
Francis Lightfoot Lee,
Carter Braxton.
NORTH CAROLINA.
William Hooper,
Joseph Hewes, .
John Penn.
SOUTH CAROLINA.
C. Carroll, of Carrolton.
VIRGINIA.
NEW YORK.
William Floyd,
Philip Livingston,
Francis Lewis,
Lewis Morris.
NEW JERSEY.
Richard Stockton,
John Witherspoon,
Francis Hopkinson,
John Hart,
Abraham Clark.
Edward Rutledge,
Thomas Heyward, jr
PENNSYLVANIA.
Robert Morris,
Benjamin Rush,
Benjamin Franklin,
John Morton,
George Clymer,
Button Gwinnett,
Lyman Hall,
George Walton.
Thomas Lynch, jr.
Arthur Middleton.
GEORGIA.
CONSTITUTION OF THE UNITED STATES.
We, the People (a) of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this constitution for the United States of
America.
ARTICLE I.
section i.
1. All legislative powers herein granted, shall be vested in a con- Legislative
gress of the United States, which shall consist of a senate and house powers,
of representatives.
section ii.
1. The House of Representatives shall be composed of members h^g^b0efrsr°eftree.
chosen every second year by the people of the several states; and sOTtatives^how
the electors in each state shall have the qualifications requisite for chosen,
electors of the most numerous branch of the state legislature.
2. No person shall be a representative, who shall not have attained of
to the age of twenty-five years, and been seven years a citizen of the h0use of repre-
United States, and who shall not, when elected, be an inhabitant of sentatives.
that state in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among mentA0pfp0rep°re-
the several states (5) which may be included within this union, sentatives & di-
according to their respective numbers, (c) which shall be determined rect taxes.
by adding to the whole number of free persons, including those bound
to service for a term of years, and excluding Indians not taxed, three-
fifths of all other persons. The actual enumeration shall be made tobelaken™'16"
within three years after the first meeting of the Congress of the
United States, and within every subsequent term of ten years, in
such manner as they shall by law direct.^ The number of represen-
(a) The Constitution of the United States was ordained and established not by the United States in
their sovereign capacities, but as declared in the above preamble, by the people of the United States. It was
not necessarily carved out of existing state sovereignties, nor a surrender of powers already existing in
the state governments. These powers remained unaltered and unimpaired except so far as granted by the
people to the government of the United States.—Martin v. Hunter's lessee, 1 Wheat. 324. See also
McOulloch v. Maryland, 4 Wheat. 316.
(f) The above provision, that direct taxes shall be apportioned among the several states, was not
intended to restrict tlfe power of imposing direct taxes to states only, but such tax may be imposed on the
District of Columbia and the Territories of the United States, though congress is not bound so to extend
&•—Loughborough v. Blake, 5 Wheat. 318. See note (f) section 8, of this article.
(c) On the passage of the first apportionment bill in 1791, it was determined, that the population of
each state, and not the total population of the Union, must afford the data, by which the number of represen-
tatives was to be fixed. No allowance can be made- for fractions in the states, beyond the settled propor-
tion.—A former bill which allowed representatives for fractions, was returned by President Washington a#
unconstitutional.—5 Marshall's Life of Washington, 324.
6
CONSTITUTION OF THE UNITED STATES.
tativea shall not exceed one for every thirty thousand, but each state
shall have at least one representative; and until such enumeration
shall be made, the state of New Hampshire shall be entitled to choose
three; Massachusetts eight; Rhode Island and Providence Planta-
tions one; Connecticut five; New 3"brftsix; New Jersey four; Penn-
sylvania eight; Delaware one; Maryland six; Virginia ten; North
Carolina five) South Carolina five; and Georgia three.
Vacancies how 4. When vacancies happen in the representation from any state,
filled- the executive authority thereof shall issue writs of election to fill up
such vacancies.
House repre- 5. The house of representatives shall choose their speaker and
sentatives, pow- other officers, and shall have the sole power of impeachment,
er to impeach. SECTION III.
1. The Senate of the United States shall be composed of two
chosen"116' h°W senators fr°m each state, chosen by the legislatures thereof, for six
years; and each senator shall have one vote.
2. Immediately after they shall be assembled in consequence of
Senators the first election, they shall be divided, as equally as may be, into
classed. three classes. The seats of the senators of the first class shall be
vacated at the expiration of the second year, of the second class
at the expiration of the fourth year, and of the third class at the expi-
ration of the sixth year, so that one third may be chosen every
Vacancies in second year; and if vacancies happen, by resignation or otherwise,
fiifeT'howtobe during the recess of the legislature of any state, the executive thereof
may make temporary appointments until the next meeting of the
legislature, which shall then fill such vacancies.
3. No person shall be a senator who shall not have attained to the
of senator Cati°n a§e thirty years, and been nine years a citizen of the United
o senator. States, and who shall not, when elected, be an inhabitant of that state
for which he shall be chosen.
Vice President President of the United States shall be president of
* the Senate, but shall have no vote, unless they be equally divided.
Senate choose 5. The senate shall choose their other officers, and also a-president
their officers. pro tempore, in the absence of the vice president, or when he shall
exercise the office of President of the United States,
ments impeach" 6. The senate shall have the sole power to try all impeachments,
m n s* When sitting for that purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the Chief Justice
shall preside; and no person shall be convicted without the concur-
rence of two-thirds of the members present.
Judgment on <7 Judgment in case of impeachment shall not extend further than,
impenc men a. to removai from office, and disqualification to hold and enjoy any
office of honor, trust or profit, under the United States; but the party
convicted shall nevertheless be liable and subject to indictment, trial,
judgment, and punishment according to law.
section rv.
Manner of The times, places, and manner of holding elections for senators
elect'g. members and representatives, shall be prescribed in each state by the legisla-
of congress. ture thereof; but the congress may, at any time,by law, make or
alter such regulations, except as to the places of choosing senators.
Congress to 2. The congress shall assemble at least once in every year, and
assemble annu- such meeting shall be on the first Monday in December, unless
*lly- they shall by law appoint a different day.
CONSTITUTION OF THE UNITED STATES.
7
SECTION V.
1. Each house shall be the judge of the elections, returns, and Elections,how
qualifications of its own members; and a majority of each shall con- •*udged"
stitute a quorum to do business; but a smaller number may adjourn Quorum of
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each
house may provide.
2. Each house may determine the rules of its proceedings, punish Rules,
its members for disorderly behaviour, and, with the concurrence of
two-thirds, expel a member, (d)
3. Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their Journals by
judgment require secrecy,- and the yeas and nays of the members eachhouse-
of either house, on any question, shall, at the desire of one-fifth of
those present, be entered on the journal.
4. Neither house, during the session of congress, shall, without
the consent of the other, adjourn for more than three days, nor to Adjournment,
any other place than that in which the two houses shall be sitting.
SECTION VI.
1. The senators and representatives shall receive a compensation Compensation,
for their services, to be ascertained by law, and paid out of the trea-
sury of the United States. They shall, in all cases, except treason, PnviIeges-
felony, and breach of the peace, be privileged from arrest during their Arrests,
attendance at the session of their respective houses, and in going to
or returning from the same; and for any speech or debate in either
house, they shall not be questioned in any other place.
2. No senator or representative shall, during the time for which Exclusion
he was elected, be appointed to any civil office under the authority rom 0 ce'
of the United States which shall have been created, or the emolu-
ments whereof shall have been increased, during such time; and no
person holding any office under the United States shall be a member
of either house during his continuance in office. (e)
(d) No power is expressly given by the constitution to punish for contempts to either house of congress,
except when committed by their own members, but such power is held to result by implication. Accord-
ingly, on the 28th December, 1795, on information given by several members in their places, of an attempt
to corrupt them by one Robert Randall, it was resolved, that the speaker issue his warrant to take said Randall
into custody, and that he should be kept subject to the further order and direction of the house: He was
accordingly taken into custody and detained until the 6th of January, when the house resolved that he
ehould be reprimanded by the Speaker, and oommitted to the custody of the sergeant at arms, until the
further order of the house. He was ordered to be released on the 13th of the same month upon payment
of costs.—1 Tucker's Black, 201.
2. There is not a grant of powers in the constitution which does not draw after it others, not expressed
but vital to their exercise; not substantive and independent but auxiliary and subordinate. To an action
of trespass brought against the sergeant at arms of the house of representatives for assault and battery and
false imprisonment, it is a legal justification to plead that the plaintiff was arrested under a warrant which
issued by direction of the house of representatives, and conveyed to the bar of the house, where on his trial
he was found guilty and ordered to be reprimanded by the speaker and discharged; and, after being repri-
manded, was discharged from custody.—Anderson v. Dunn, 6 Wheat. 204.
3. Under the above clause, Wm. Blount was expelled from the Senate of the United States on the 8th of
July, 1797, for attempting to seduce from his duty an United States'Indian interpreter, and to employ him
as an engine to alienate the affections and confidence of the Indians from the public officers residing among
them—1 Hall's Law Journal465. Sergeant's Con. Law, 301.
4. John Smith, a senator from the state of Ohio, was indicted in 1807, for treason; the indictment was
abandoned owing to the acquittal of Burr, the principal in the transaction, because the same decision would
prevent a conviction on it. The report of the committee made in this case on 31st of December, 1807,
concludes with a resolution to expel Smith from the Senate, "for participation in the conspiracy of Aaron
Burr, against the peace, union and liberty of the United States."—1 Hall's Law Jour. 459. Sergeant's Con.
Law,302.
(«) Jesse B. Thomas, a senator from Illinois, having been appointed in 1821, by Mr. Crawford secre.
tary of the treasury, under an act passed previous to his election, to examine the books of the officers of
8
CONSTITUTION OF THE UNTIED STATE .
SECTION VII.
ho^ep*gSueedbl113' 1- All bills for raising revenue shall originate in the house of
0 ' representatives: but the senate may propose or concur with amend-
ments, as on other bills.
Bins, their 2- Every bill which shall have passed the house of representatives
formalities. and the senate, shall, before it become a law, be presented to the Pre-
Where to be sident of the United States; if he approve, he shall sign it; but if
returned by the not, he shall return it, with his objections, to that house in which it
President. haye originated, who shall enter the objection at large on their
journal, and proceed to reconsider it. If, after such re-consideration,
Two-thirds two-thirds of that house shall agree to pass the bill, it shall be sent,
h^objectingT1S' together with the objections, to the other house, by which it shall
likewise be re-considered, and if approved by two-thirds of that
house, it shall become a law. But in all such cases, the votes of both
houses shall be determined by yeas and nays, and the names of the
persons voting for and against the bill shall be entered on the journal
of each house respectively. If any bill shall not be returned by the
be^turned1'910 President within ten days (Sundays excepted) after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the congress by their adjournment prevent its return,
in which case it shall be a law.
orders reso- Every order, resolution, or vote, to which the concurrence of
lutions & votes, the senate and house of representatives may be necessary, except
to be approved 0n a question of adjournment, shall be presented to the President
by President. tpe United States; and before the same shall take effect, shall
be approved by him, or being disapproved by him, shall be repassed
by two-thirds of the senate and house of representatives, according to
the rules and limitations prescribed in the case of a bill.
section viii.
The congress shall have power—
Congress to 1. To lay and collect taxes, duties, imposts, and excises; to pay
lay taxes, &c. the debts and provide for the common defence and general welfare of
the United States; but all duties, imposts, and excises, shall be uni-
form throughout the United States: (f)
Borrow money. g. To borrow money on the credit of the United States: (g)
to regulate 3. To regulate commerce with foreign nations, and among the
commerce, &c. several states, (h) and with Indian tribes:
the land offices, and to ascertain the balance in the hands of the receivers, for which he received the usual com-
pensation, a question was made as to the compatibility of the two stations under the above clause of the consti-
tution, and in April, 1822, a committee of the house of representatives made areport on the subject, expressing
the opinion that the duty of examining the land offices was not such an office as was contemplated by the latter
part of the above clause, and was not incompatible with the trust of senator. The committee in support of
their opinion, refer to the appointment of Mr. Tracy a senator, by President Adams in the year 1800, to the
duty of inspecting the ports on the northern and north western frontier; to that of Mr. Dawson a member of
the house of representatives, under the administration of Mr. Jefferson to carry a treaty to France ; to that of
Mr. Smith a senator from Tennessee, to treat with the Indians, and to that of Mr. Worthington, a senator,
and Mr. Morrow a representative from Ohio, under the administration of President Madison, to negoriate with
the Indians; in all which instances the persons employed received a compensation for their services and
retained their seats in congress.—Sergeants Con. Law, 304.
(/) A tax on carriages is not a direct tax, requiring to le apportioned among the several states accord
ing to their respective numbers as prescribed in Art. 1. $ 2, IT 3, of the constitution, but may be laid unifvr-
mly throughout the United States in pursuance of the above clause.—Hylton v. United States, 3 Dall-
171. See note (6) sec. 2, of this article.
(g) A tax imposed by a law of any state of the United States, or under the authority of such a law,
on stock issued for loans made to the United States held by the citizens of such state, is unconstitutional.—
Weston, fyc. v. The City Council of Charleston, 2 Peters, 449.
(h) The power to regulate commerce extends to every species of commercial interi our be between the
United States .and foreign nations, and among the several states, and includes the power to regulate navi
gation. The acts, therefore, of the legislature of the state of New York, granting to Boht E T.ivingston and
CONSTITUTION OF THE UNITED STATES.
9
4. To establish an uniform rule of naturalization, (i) and uniform
laws on the subject of bankruptcies throughout the United States: (j)
5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities
and current coin of the United States:
7. To establish post offices and post roads: (k)
8. To promote the progress of science and useful arts, by securing
for limited times to authors and inventors the exclusive right to their
respective writings and discoveries:
9. To constitute tribunals inferior to the supreme court:
10. To define and punish piraces (I) and felonies committed on
the high seas, and offences against the law of nations:
11. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water: (m)
12. To raise and support armies, but no appropriation of money to
that use shall be for a longer term than two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of the land
and naval forces:
Naturalization,
&c.
Coin money.
Counterfeiting
punished.
Post offices, &c.
Copy right and
Inferior courts.
Piracies, See.
Declare war.
Raise armies.
Navy.
Robt. Fulton the exclusive navigation of all the waters within the jurisdiction of that state, with boats
moved by fire or steam, for a term of years, being in collision with the acts of congress which regulate the
coasting trade, are repugnant to the above clause of the constitution, so far as they prohibit vessels licensed
according to those acts from navigating said waters by means of fire or steam.—Gibbons v. Ogden, 9
Wheat.1 to 216.
2. State inspection laws, health laws and laws for regulating the internal commerce of a state, and those
which respect turnpike roads, ferries, &c. are not within the power granted to congress.—Ibid.
3. If congress had passed any act, in execution of the above power, the object of which was to control
state legislation over small navigable creeks, into which the tide ebbs and flows, the court would not
feel much difficulty in saying that a state law coming in conflict with such act, would be void. But until
that is done, the act of the state of Assembly of Delaware, by which the construction of a dam was autho-
rized across a creek up which the tide flows for some distance, does not come in conflict with the consti-
tution of the United States or any law in pursuance thereof, and is a matter of which the supreme court
can take no cognizance.—Wilsonv. The Black Bird Creek Marsh Company,2 Peters, 251.
" 4. Under the power to regulate commerce, congress has power to lay an embargo, though not limited in
in its duration.—United States v. Brigantine William, 2 Hall's Law Jour. 255. See also allusion to this
subject Gibbons v. Ogden, 9 Wheat. 192. See note (v) to § 10, IT 2, of this article.
(i) The individual states have a constitutional right to pass naturalization laws, provided they do not
contravene the rules established by the authority of the union—Collet v. Collet, 2 Hall. 294. United
States v. Villato, 2 Hall. 370. Quere?
2. It now, however, seems to be settled, that by the constitution, the power of naturalization is exclu-
sively vested in congress and cannot be exercised by the states.—Chirac v. Chirac, 2 Wheat. 269. Houston
v. Moore, 5 Wheat. 49.
(j) A state has authority under the constitution of the United States, to pass a bankrupt law, pro-
vided it does not impair the obligation of contracts, and provided there be no act of congress in force to estab-
lish a uniform system of bankruptcy conflicting with such law. While such act of of congress is in force, the
power of the states to pass any conflicting law, is suspended.—Stui'ges v. Crowuingshield, 4 Wheat. 122.
Ogdenv. Saunders, 12 Wheat.213.
(k) Upon the subject of the power of congress to make internal improvements in the states, see message of
President Jefferson, Dec. 2,1806,5 Wait's state papers, 458; President Madison's, Dec, 3,1816, March 3,1817,
12 Niles' Reg. 25; Resolution of house of representatives, Dec. 15, 1817, 13 Niles' Reg. 287; President
Monroe's, May 4,1822, Niles' Reg. for Aug. 1822; and the message of President Jackson, May 27,1830.
(/) The constitution having conferred on congress the power of defining and punishing piracy, there can
be no doubt of the right of the legislature to enact laws punishing pirates, although they may be foreigners,
and may have committed no particular offence against the United States.—United States v. Palmer, 3
Wheat. 630.
2. The crime of piracy is constitutionally defined by congress in an act referring to the law of nations for a
definition of that crime.— United States v. Smith, 5 Wheat. 159.
(m) The power of making "rules concerning captures on land and water," which is superadded in the
constitution to that of declaring war, is not confined to captures which are extraterritorial, but extends to
rules respecting enemy's property found within the territory, and is an express grant to congress of the power
of confiscating enemy's property found within the territory at the declaration of war, as an independent sub-
stantive power not included in that of declaring war—Brown v. The United States, 8 Crunch, 110.
3
10
CONSTITUTION OF THE UNITED STATES.
15. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections and repel invasions: (n)
10. To provide for organizing, arming, and disciplining the mi-
litia, and for governing such part of them as may be employ ed in the
service of the United States, (o) reserving to the states respectively,
the appointment of the officers, and the authority of training the mili-
tia according to the discipline prescribed by congress.
17. To exercise exclusive legislation in all cases whatsoever, over
such district, not exceeding ten miles square, as may, by cession
of particular states, and the acceptance of congress, become the
seat of government of the United States, and to exercise like authority
over all places purchased by the consent of the legislature of the slate
in which the same shall be, for the erection of forts, magazines,
arsenals, dock yards, and other needful buildings: (p) And
Make laws 18, To make all laws which shall be necessary and proper for
per,e&c.ry & Pr°" carrying into execution the foregoing powers, and all other powers
vested by this constitution in the government of the United States,
or in any department or office thereof. (q)
(n) In the state of Connecticut, the Governor claimed the right to judge whether the exigency existed,
which would authorize a call of the militia or any portion of it, into the service of the Union. In Massachu-
setts, the Governor consulted the Judges of the Supreme Court of that state as to the true construction of the
above clause, and they determined that the commanders in chief of the militia of the states have a right to
determine whether any of the exigencies contemplated by the constitution exist, so as to require them to place
the militia or any part of it in the service of the United States, at the requisition of the President, and that
when the exigencies did exist, the militia could not be lawfully commanded by any officer but of the
militia, except by the President of the United States.—8 Mass. Rep. 548.
2. These questions, which arose in times of party excitement, were put to rest by the decision of the
Supreme Court of the United States in the case of Martin v. Mott, in 1827, in which it was determined that
the authority, to decide whether the exigencies contemplated in the constitution and the act of congress of 171)5,
have arisen, is exclusively vested in the President, and that his decision is conclusive upon all other persons
Martin v. Mott, 12 Wheat. 19,
(o] Militia men drafted, detached and called forth by the President, into the service of the United States,
are not considered as being in that service, or in the character of national militia, until they are mustered at
the place of rendezvous, and until then, the state retains aright concurrent with the government of the Union
to punish for a refusal or neglect to obey the call. After entering the service of the United States, the autho-
rity of the general government is exclusive.—Houston v, Moore, 5 Wheat. 1.1 Kent's Com. 2d Ed. 265.
(p} After a district has been ceded by a state, in pursuance of the above clause, the state courts cannot
take cognizance of any offences committed within it—the inhabitants of such district cannot exercise any civil
or political privileges under the laws of the state, nor are they bound by the laws of the state. The local
power which congress acquires, carries with it the incidental right to make that power effectual; and congress
may therefore provide for the pursuit and arrest of a criminal escaping from one of these districts after com-
mitting a felony there; or punish a person for concealing out of the district a felony committed within it.—4
Kent's Com. 403- Cohens v. Virginia, 6 Wheat, 426-9. Commonwealth v. Cleary, 8 Mass. Rep. 72.
flame v. Young,1 Hall's Jour, of Jurisprudence, 53.
2. The proviso or reservation usually annexed by a state to her consent, f'that all civil and criminal process
issued under the authority of the state may be executed on the land so ceded, in like manner as if the cession
had not been made," does not imply the reservation of any concurrent legislation or jurisdiction, nor retain to
the state the right to punish for acts done within the ceiled lands. The effect of such proviso is to prevent the
ceded lands from becoming a sanctuary for fugitives from justice, for acts done within the acknowledged juris-
diction of the state.—1 Kent's Com. 402, and cases there cited,
3, The land on which Fort Niagara is erected, never having been actually ceded by the state of New York
to the United States, still belongs to that state, and its courts have jurisdiction of all crimes or offences against
the laws of the state, committed within that fort or its precincts, though it has been garrisoned by the troops
of the United States, and held by them since its surrender by Great Britain, pursuant to the treaties of 1783
and 1794. The United States cannot acquire the right of exclusive legislation by mere occupancy, there must
be a cession by the state for that purpose.—The People v. Godfrey, 17 Johns. 225.
(y) The power of congress to give the priority to debts due to the United States is derivable from the
above clause. Congress must possess the choice of means, which shall be necessary and proper to carry into
execution the powers vested by the constitution in the general government or in any department or officer
thereof,—United States v. Fisher, 2 Cranch, 358.
2. Under this clause also, congress may provide a punishment for a crime, the object of which is to subvert
by violence the laws and institutions of the government, but which falls short of treason, such as a conspiracy
to levy war.—Ex parte Bollman v. Swartwont, 4 Cranch, 126.
3. There is nothing in the constitution of the United-fitates similar to the articles of the confederation,
Which excludes incidental or implied powers. If the epd be legitimate and within the scope of the constitution
Organize the
militia.
Exclusive le.
gislation over 10
miles.
CONSTITUTION OF THE UNITED STATES.
11
SECTION IX.
1. The migration or importation of such persons as any of the Limitations
states now existing shall think proper to admit, shall not be prohibited of the powers of
by the congress prior to the year one thousand eight hundred and "'^importation
eight, but a tax or duty may be imposed on such importation, not of persons after
exceeding ten dollars for each person. 1808,
2. The privilege of the writ of habeas corpus shall not be suspend- Habeas corpus.
ed, unless when, in cases of rebellion or invasion, the public safety
may require it.
3. No bill of attainder, or ex post facto law, shall be passed. Attainder.
4. No capitation or other direct tax shall be laid, unless in pro- capitation
portion to the census or enumeration herein before dire?ted to be and directta*.
taken. (r)
5. No tax or duty shall be laid on articles exported from any state. d^°^P°rptraet^
No preference shall be given by any regulation of commerce or
ence in eomm'ce
revenue to the ports of one state over those of anothernor shall or tonnage,
vessels bound to or from one state, be obliged to entcT, clear, or pay
duties in another.
6. No money shall be drawn from the treasury,, but in consequence Money, how
of appropriations made by law; and a regular statement and account to be drawn,
of the receipts and expenditures of all public money shall be published
from to time.
7. No title of nobility_ shall be granted by the United States, and no title of no-
no person holding any "office of profit or trust under them, shall, biiity to be con-
without the consent of the congress, accept of any present, emolu- ferred'&c"
ment, office, or title of any kind whatever, from any king, prince, or
foreign state.
SECTION X.
1. No state shall enter into any treaty, alliance or confederation; Limitations of
grant letters of marque and reprisal; coin money; emit bills of the powers oft he
credit; (s) make any thing but gold and silver coin a tender in pay- state'
all the means which are appropriate, which are plainly adapted to that end, and not prohibited, may constitu.
tionally be employed to carry it into effect. The power of establishing a bank is not a distinct end of govern-
ment, but the means of carrying into effect other powers whieh are sovereign The act of 19th of April, 1816,
to incorporate the subscribers to the Bank of the United States, is a law in pursuance of the constitution.—
McCulloch v. The State of Maryland, 4 Wheat. 316,
4. The right of congress to annex a punishment as a sanction to any law it may pass in pursuance of an.
express grant of power, is not among the enumerated powers; but it is a right incidental to the power and
conducive to its beneficial exercise, and may be used, although not indispensably 7ieccssary. Thus the power
'to establish post offices and post roads,' draws to it the incidental and implied power of carrying the mail
along the post road; and from this implied power again, has been inferred the right to punish those who steal
letters from the post office, or rob the mail. So of the punishment of the crimes of stealing or falsifying a
record or process of a court of the United States, or of perjury in such court Ibid, 416.
5. Congress has, by the above clause, exclusive authority to regulate the proceedings in the courts of the
United States; and the states have no authority to control those proceedings, except so far as the state process
acts are adopted by congress, or by the courts of the United States under the authority of a law of congress.
The statutes of Kentucky therefore, concerning executions", which require the plaintiff to endorse on the
execution, that certain bank notes will be received in payment, and on his refusal, authorize the defendant to
give a replevin bond for the debt payable in two years are not applicable to executions issuing on judgments
rendered by the courts of the United States.—Wayman V. Southard, 10 Wheat. 1.
6. The act of assembly of Kentucky, of 21st Dec. 1821, which prohibits the sale of property taken under
executions, for less than three-fourths of its appraised value, without the consent of the owner, does not apply
to a venditioni exponas issued out of the circuit court for the district of Kentucky The Bank of the United
States v. Halstead, 10 Wheat. 51.
(r) See note [c] Art. 1, $ 2, IT 3.
(s) On the 27tli of June, 1821, the legislature of the state of Missouri passed an act, entitled'an act for
the establishment of loan offices,' under which the officers of the treasury of the state were required to issue
two hundred thousand dollars in certificates of the following form : (tThis certificate shall be receivable at the
treasury of any of the loan offices in the state of Missouri, in discharge of taxes or debts due to the state,
J or the sum of dollars, with, interest for the same, at the rate of two per cent, per annum from
12
CONSTITUTION OF THE UNITED STATES.
merit of debts; pass any bill of attainder, ex post facto law, (t) or,
law impairing the obligation of contracts; (w) or grant any title ot
nobility.
this dale." Held, that these certificates were bills of credit, and that their emission was prohi-
bited by the above clause of the constitution, which declares that no state shall emit 'bills of
credit, and that a promissory note, executed in consideration of the loan of such certificate, was
\oid.—Craig v. The State of Missouri, 4 Peters, 431.
2. The Bank of the Commonwealth of Kentucky is decided to be constitutional by the Court
of Appeals of that State, but from this decision, a writ of error has been prosecuted, under the
25th section of the judiciary act of 1789, and the case is now pending in the Supreme Court of
the United States.—Briscoe, &cc. v. The Bank of the Commonwealth,7 J. J. Marshall, 349.
(f) The above prohibition of ex post facto laws extends to penal statutes only, and does not
embrace cases affecting only the civil rights of individuals.—Calder et ux. v. Bull et ux. 3 Dall.
386.
2. The prohibition embraces, 1st. Every law that makes an action, done before the framing
of the law, and which wasinnocent when done, criminal, and punishes such action. 2d. Every
law that aggravates a crime, or that makes it greater than when committed. 3d. Every law that
changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed. 4th. Every law that alters the legal rules of evidence, and receives less or
different testimony than the law required at the time of the commission of the offence in order
to convict the offender.—Ibid. Per. Chase, J. But see the case of Dash v. Van Kleck, 7 Johns.
Rep. 505, and the opinion of Mr. Justice Johnson, 2 Peters' Appendix, 681.
(w) A law of a state, authorizing the Governor to convey lands, is an executory contract, and
when the contract becomes executed by a conveyance, and sales are made by the grantees, to
purchasers for a valuable consideration, without notice of fraud or corruption, a subsequent act
of the legislature of the same state annulling such law, on the ground that it was made without
constitutional authority, because some of the members of the legislature were guilty of corrup-
tion in its passage, is a violation of the above clause of the constitution and void.—Fletcher
v. Peck, 6 Cranch 135. 5 HalVs Law Jour. 354 to 457, where may be found the documents tela-
live to the Yazoo question.
2. In the year 1758, the then colony of New Jersey purchased for a tribe of Indians certain
lands within the limits of the colony, and enacted that they should not thereafter be subject to
any tax. By virtue of an act of 1801, the Indians sold these lands; but in this act, there was no
privilege of exemption from taxes. It was settled that the act of the legislature of New Jersey,
passed October, 1804, repealing so much of the first law as granted an exemption from taxes,
impaired the obligation of contracts, and was void.—New Jersey v. Wilson, 7 Cranch, 52.
3. The act of 1776 of the Virginia legislature, confirming the rights of the Episcopal Church to
all its lands and other property, vested an indefeasible title; and the subsequent statutes of
1798 and 1801, of that state, repealing the first act and vesting the property of the church in the
state, or in third persons, are unconstitutional and void.—Terret v. Taylor, 9 Cranch, 52.
4. So, if the legislature of a state should grant to the towns of such state glebes of land for
religious worship, it cannot afterwards repeal the act so as to divest the right of the towns under
the grant.—Town of Pawlet v. Clark, 9 Cranch, 292.
5. The charter granted by the British Crown, in the year 1769, to the Trustees of Dartmouth
College in New Hampshire, was a contract within the meaning of this clause of the constitution;
and the laws passed by New Hampshire in 1816, reorganizing the corporation, without the con-
sent of the Trustees, impaired the obligation of the contract, and were void.—Dartmouth Col-
lege v. Woodward, 4 Wheas. 518.
6. So a law discharging a bankrupt or insolvent debtor from his debts, impairs the obligation
©f contracts, and so far as respects the discharge, is unconstitutional and void.—Sturgcs v.
Crowningshield, 4 Wheat. 122.
7. And this is the case, although the contract was entered into subsequent to the passage of
the law.—McMilton v. McNiel, 4 Wheat 209.
8. And although the plaintiff and defendant were citizens of the same state at the time-the
contract was made and so continued until the suit was commenced in the court of the state.—
Farmers' and Mechanics' Bank v. Smith, 6 Wheat. 134.
9. It is now held, however, that a bankrupt or insolvent law of the state, discharging the per-
son ©f the debtor and his future property, does not impair the obligation of contracts, so far as
respects subsequently contracted debts, though otherwise as to debts contracted prior; though
the dischaige cannot be pleaded in bar of any action brought by a citizen of another state in
the courts of the United States, or of any other state than that where the discharge was obtain-
ed.—Ogdenv. Saunders, 12 Wheat. 213.
10. The ultimate opinion delivered by Mr. Justice Johnson, in the above case of Ogden v.
Saunders, was concurred in and adopted by three Judges, who were in the minority on the gene-
constitution of tiie united states.
13
2. No state shall, without the consent of the congress, lay any states not to
imposts or duties on imports or exports, except what may be abso* lay imposts'
ral question of the constitutionality of state insolvent laws. So far then as decisions upon the
subject of such laws have been made by the Supreme Court, they are to be deemed final and
conclusive.—Boyle v. Zacharie and Turner, 2 Peters, 348.
11. A state may pass laws discharging debtors from imprisonment, limitation laws which arc
not retrospective, and usury laws affecting future contracts, without impairing the obligation of
the contract.—Sturgesv. Crowningshield, 4 Wheat- 206.
12. The present constitution of the United States did not commence its operation until the
first Wednesday in March, 1789, and the above provision of the constitution with respect to irn-
pairing the obligation of contracts, does not extend to a state law enacted before that day, and
operating upon rights of property vested before that time.—Owingsv. Speed, 5 Wheat. 420.
13. The compact between Virginia and Kentucky, whereby the latter became a state, is a
contract within the meaning of the constitution; and the act of the Kentucky legislature of
1812, concerning occupying claimants of land, conferring upon the occupant certain rights
which did not exist under the laws of Virginia, at the date of the separation, impairs the obliga-
tion of contracts.—Gieen v. Biddle, 8 Wheat. 1.
14. The states have a right to regulate or abolish imprisonment for debt as a part of the remedy
enforcing the performance of contracts.—Mason v. Hade, 12 Wheat. 377.
15. The Supreme Court of Pennsylvania decided that the relation between landlord and
tenant could not exist between persons holding under a Connecticut title. Afterwards the legis-
lature of Pennsylvania passed an act declaring that such relation should exist. The case coming
again before the Supreme Court of Pennsylvania, the judgment of the Court of Common Pleas,
which was in favor of the lanalord, was affirmed. The tenant brought a writ of error under the
25th section of the judiciary act, claiming that the act of assembly of Pennsylvania was uncon-
stitutional. Held, that it was not.—Satterice v. Matthcivson, 2 Peters, 380.
16. In this case itissaid, that there is nothing in the constitution of the United States, which
forbids the legislature of a state to exercise judicial functions; nor was there any thing which
applies to a state law, which divested rights vested by law in an inoividual, provided its effects
be not to impair the obligation of a contract; and that an act of the legislature, creating a con-
tract between parties where none previously existed, is not embraced by the prohibition in the
above clause.—Ibid.
17. The state of New York granted a patent to John Cornelius, under which the plaintiff*
claimed the land in controversy. He insisted that the patent created a contract between the
state and the patentee, that the state should pass no law affecting the estate contrary to the state
constitution, and that an act passed by the legislature of New York subsequent to the patent,
under which commissioners were appointed to investigate the contending titles to all lands held
under such patents, without the aid of a jury, did violate that contract. Held, that this was not
a case within the above clause of the constitution, and that the court was not inclined to create
a contract by implication.—Jackson v. Lampshire, 3 Peters,287.
18. In 1791, the legislature of Rhode Island granted a charter to a corporation, styled 'The
President, Directors, & Co. of the Providence Bank,' with the ordinary banking powers, and in
1822, an act was passed imposing a tax on every bank in the state, except the Bank of the United
States. The Providence Bank claimed to be exempt from the tax on the ground that the law
impaired the obligation of the contract created by the charter granted to the Bauk. Held, that
the charter granted was a contract between the state and individuals within the meaning of the
above clause, but that the law imposing the tax did not impair its obligation.— The Providence
Bank v. Bitlings 8c Pitlman, 4 Peters, 514.
19. In the year 1812, the legislature of North Carolina passed an act giving to any debtor
against whom a judgment should be rendered between the 31st of December 1812 and the 1st of
February 1814, a right to have the execution stayed until the first term or session of the court
after the latter period, by giving two freeholders as securities. But the Supreme Court of that
state held the law to be contrary to the above clause of the constitution.— Crittenden v. Jones, 5
Hall's Law Jour. 520, 507, 2 do. 93.
20. The legislature of Missouri passed an act also, giving a stay for two years and a half on
executions, which should not be endorsed by the plaintiff to receive property in payment at two-
thirds of its appraised value, by the defendant's giving bond with security for the payment of
the de'-t or pledging real property therefor. The court of that state decided the act to be a viola-
tion of the above clause of the constitution.—Golden v. Prince, 5 Hall's Law Jour. 507.—Judge
Haywood of Tennessee Iris pronounced, on the same principles, that such a law is unconstitu-
tional.—Sergeant's Con. Law, 364.
21. By the word obligation in the above clause, is meant the legal obligation, which consists in
the legal remedy given to enforce the contract.—Blair, 8cc, v. Williams, 4 Litt 34 Lapsley v.
Brashear & Bctrr, 4 Litt. 47.
14
CUNbrilU'llON O* iilLi LNUEU b 1 Aijr.'
lutoly necessary for executing i1s iuspeclmn l.uw; (r) i ml the at It
produce of all duties and imposts, laid by any state on imports or
exports, shall be for the use of the treasury of the United States, and
all such laws shall be subject to the revisijn or control of the con
States not to g^css. No state shall, without the consent of congress, lay any duty
tonnage ° or tonnage, keep troops or ships of war in time of peace, enter into
any agreement or compact with another state, or with a foreign
power or engage in war, unless actually invaded, or in such imminent
danger as will not admit of delay.
ARTICLE II.
SECTION I.
The executive 1. The executive power shall be vested in a President of the
power. United States of America. lie shall hold his office during the term
of four years, and together with the Vice President, chosen for the
same term, be elected as follows:
Electors,how 2. Each state shall appoint, in such manner as the legislature
appointed. thereof may direct, a number of electors, equal to the whole nunt-
ber of senators and representatives to which the state may be entitled
in the congress; but no senator or representative, or person holding
an office of trust or profit under the United States, shall be appointed
an elector.
[3. The electors shall meet in their respective states, and vote
meet and vote.t0 ballot for two persons, of whom one at least shall not be an iziha-
Pro-»edi kit-ant of the same state with themselves. And they shall make a list
r° e° Ings- 0f all the persons voted for, and of the number of votes for each;
which list they shall sign and certify, and transmit sealed to the seat
of the government of the United States, directed to the president of
the senate. The president of the senate shall, in the presence of
the senate, and house of representatives, open all the certificates,
22. A law passed after a contiact is made, extending the time of leplevin on a judgment ren-
dered on such contract, impairs the obligation of the contract.—Ibid. Grayson v. Lily, See. 7
Mon. 10. Stephenson's Jldrn>rs. See. v. Barnell, 7 Mon. 50.
23. Replevin and insolvent laws passed by the states, so far as they affect future contracts
only, do not violate the constitution of the United States.—Ibid.
24. A replevin bond is a contract within the meaning of the constitution.—Ibid.
25. The word 'impairing' does not mean destroying, consequently everv state law, which
weakens the obligation of a contract previously made, or renders it less operative, is a violation
of the constitution.—Ibid.
26. An act of assembly, directing sales under decrees in chancery on longer'credit than at tiie
date of the contract is unconstitutional and void.—January v. January, 7 Mon. 544. See also
Pool v. Young, 7 Mon. 588.
27. A grant of land by the state is a contract within the meaning of the above clause; and the
provisions of the 'act to revise and amend the Champerty and Maintenance Law,' Sec. of Janu-
ary, 1824, which declare that the land3 of proprietors and claimants shall be forfeited to the
commonwealth, unless certain improvements are made thereon as required by the act, annex a
condition to the contract which did not exist when itwasmide, and is unconstitutional.—Gaines
Sec. v. Buford, I Dana, 481.
(a) An act of the legislature of a state requiring importers of foreign goods by the bale or
package, and others selling the same by wholesale, bale or package, to take out a license, for
which they should pay fifty dollars, or in case of neglect or refusal, subjecting them to certain
forfeitures and penalties, is repugnant to the above provision of the constitution and also to that
giving to congress the power to regulate commerce.—Brown v. The State of Maryland 12
Wheat. 419.
2. The word necessary, in the above clause has a different meaning, taken in connection with
its adjunct, absolutely, from that which it bears in section 8 of this article, paiagraph 18.—Mc-
Culloch v. Maryland, 4 JVheoL 413.
CONSTITUTIVE,
-1 THF. UNITED STATES.
15
and the votes shall ihcn he counted. The persrn having the greatest
number of votes shall he the President, if such number he a majo-
rity of the whole number of electors appointed; and if there be
more than one who have such majority, and Lave an equal number
of votes, then the house of representatives shall immediately choose,
by ballot, one of them for President; and if no person have a majo-
rity, then, from the five highest on the list, the said house shall, in
like manner, choose the President. But, in choosing the President,
the votes shall be taken by states, the representation frrm each state
having one vote; a quorum for this purpose shall consist of a member
or member? from two-thirds of the states, and a mojority of all the
states shall be necessary to a choice. In every case, after the choice
of the President, the person having the greatest number of votes of
the electors, shall be the Vice President. But if there should remain [* Altered—see
two or more who have equal votes, the senate shall choose from them, ai,ipn<1-art- —1
by ballot, the Vice President.*]
4. The congress may determine the time of choosing the electors, Electors,
and the day on which they shall give their votes, which day shall be when to meet,
the same throughout the United States.
5. No person, except a natural born citizen, or a citizen of the
United States at the time of the adoption of this constitution, shall be the u.states. °
eligible to the office of President: neither shall any person be eligible
to that office, who shall not have attained to the age of thirty-five
years, and been fourteen years a resident within the United States.
6. In case of the removal of the President from office, or of his ^ ^
death, resignation, or inability to discharge the powers and duties of removiU,e&c. or
the said office, the same shall devolve on the Vice President, and the the President h»
congress may, by law, provide for the case of removal, death, resig- p°v^VvfrTpree
nation, or inability, both of the President and Vice President, declar- ajdent.
ing what officer shall then act as President, and such officer shall act
accordingly, until the disability be removed, or a President shall be
elected.
7. The President shall, at stated times, receive for his services a President of it.
compensation, which shall neither be increased nor diminished during States».his com"
the period for which he shall have been elected, and he shall not pensatI°n-
receive within that period any other emolument from the United
States, or any of them.
8. Before he enter on the execution of his office, he shall take the
following oath or affirmation:
9. "I do solemnly swear (or affirm) that I will faithfully execute the 0ath of office,
office of President of the United States, and will, to the best of
my ability preserve, protect, and defend, the constitution of the
United Slates."
SECTION II.
1. The President shall be commander in chief of the army and Powers of the
navy of the United States, and of the militia of the several states, pTresident oftlie
when called into the actual service of the United States; he may FnitedState9-
require the opinion, in writing, of the principal officer in each of the
executive departments, upon any subject relating to the duties of their
respective offices; and he shall have power to grant reprieves and
pardons for all offences against the United States, except in cases of
impeachment.
2. He shall have power, by and wilh the advice and consent of the Moke treaties
senate, to make treaties, provided two-thirds of the senators present and app0,,,t offi'
16
CONSTITUTION OF THE UNITED STATES.
sentofthesen-rte concur: an^ be shall nominate, and by and with the advice and con-
sen o lesemi e Ren^ genatej shai} appoint ambassador, other public ministers
and consuls, judges of the supreme court, and ail other officers of the
United States, whose appointments are not heroin otherwise provided
for, and which shall be established bylaw, (a) B i the congiess
may, by law, vest the appointment of such inferior officers as they
think proper, in the President alone, n the courts of law, or in the
heads of departments.
3. The President shall have powrer to fill up all vacancies that
Fill vacancies may happen during the recess of the senate, by granting commissions
o" senate"1GCeSS shall expire' at the end of their next session.
SECTION III.
1. He shall, from time to time, give to the congress information of
Further pow- the state of the union, and recommend to their consideration such
Pr^den^116"01 measures as he shall judge necessary and expedient; he may, on
extraordinary occasions, convene both houses, or either of them, and,
in case of disagreement between them, with respect to the time of
adjournment, he may adjourn them to such time as he shall think
proper; he shall receive ambassadors and other public ministers; he
shall take care that the laws be faithfully executed; and shall com-
mission all the officers of the United States.
SECTION IV.
1, The President, Vice President, and all civil officers of the Uni-
Civil officers Statepj shall be removed from office on impeachment for, and
removable by im- convicdon of treason, bribery, or other high crimes and misde-
peachment. meanors. (ar)
ARTICLE III.
SECTION I.
1. The judicial power of the United States shall be vested in one
ersandCtenuPreof supreme court, and in such inferior courts, as the congress may,
Judges. from time to time, ordain and establish, (y.) The judges, both of the
supreme and inferior courts, shall hold their offices during good
behaviour; and shall, at stated times, receive for their services a
(wj Some point of time must be taken when the power of the Executive over an officer, not
removable athis will, must cease. That point of time must be when the constitutional power of
appointment has been exorcised. And the power has been exercised when the last act required
from the person possessing the power, has been performed. This last act is the signature of the
commission. An appointment thus conferred gives to the officer a legal right to the office, and
having this legal right, he has a consequent right to the commission; a refusal to deliver which,
is a plain violation of that right, for which the laws of the country afford him a remedy.—Mar-
bury v. Madison, 1 Cranrh, 137.
(tr) Wm. Blount, then a senator of the United States, was impeached by the house of repre-
sentatives in the year 1797; but the senate decided that he was not a civil officer within the
meaning of this clause, and therefore not liable to impeachment. 2. In 1804, John Pickering,
Judge ot the District Court of the United States for New Hampshire, was impeached on four
articles, and found guilty on all the charges by a constitutional majority of the senate, and sen-
tence of removal from office pronounced against him. 3. In 1804 and 1805, an impearhment
was instituted and tried against Samuel Chase, then one of the Judges of the Supreme Court of
the United States, on eight charges of misbehaviour in office, hut lie was acquitted, there not
being a constitutional ni&jority against him on any one article.
(y) The constitutionality of the act of 8th of May, 1802, abolishing the system of Circuit
Courts established by the act of 13th Feb. 1801, under which sixteen Circuit Judges ha 1 been
appointed, was argued before the Supreme Court in 1803; but the case went off on different
ground?.—Stuart v. Laird, 1 Craach, 299.
t,OIS!alirUTION OF 1 HE UM'IED SIATES.
17
compensation which shall not be diminished during their continu
anoe in office.
SECTION II.
1. The judicial power shall extend to all c.i,.es in law and cquily,
arising under this constitution, the laws ol' the United States, and
treaties (z) made, or which shall be made, under their authority, to all
cases affecting ambassadors, other publio ministers and consuls; to
all cases of admiralty and maritime jurisdiction; (a) to controversies
to which the United States shall be a pax ty; to controversies between
two or more states; (b) between a state and citizens of another gee amend,
state; (c) between citizens of another state; I erivccn citizens of dif- went, Article 11
fercnt states; (cZ) between citizens of the same state claiming lands
(s) In an action of ejectment between tvvu citLens ct Maryland, for a tract of land in Mary-
land, the defendant set up an outstanding title in a British subject, which he couteuded was
protected by the treaty, and therefore, that the title wa^ out of the plaintiff; and the highest
court of Maryland decided against the title thus set up; this is not a case in which a w rit of error
under the 25lh section of the act of 17&3, can lie to the Supreme Court. That section giving
jurisdiction, where is drawn in question i'he validity of a treaty, &.c. is rr strained by the Constitu-
lion too, case arising under a treaty.— O wings v. Norwood, 5 C ranch, 311.
2. The plaintiff in error was indicted in the Supreme C'ouit of the county of Gwinnett in the
state of Georgia, "for residing, on the 15th of July, lU31,in that part of the Cherokee nation,
attached by the laws of Georgia to that county, withouL a license or permit from the Governor of
the state, or from any one authorized to grant it, and without having taken the rath to support
and defend the constitution and laws of the state of Georgi l, and uprightly to demean himselfas
•i citizen thereof, contrary to the laws of said state." To this he pleaded, that several tieaiies
had been entered into by the United Slat< s wifh the Che- dice ration, by which that nation was
-acknowledged to be sovereign, and by which their t uiit try was guarantied to tin m, and that
the laws ot Georgia were repugnant to these treaties, and to the act of Congress of March, 1UJ2,
and unconstitutional and void. The plea was ov< rrulcd and the plaintiff sentenced to hard
labor in the penitentiary for four years. Ileld, that this was a case in which the Supreme < "ourt
had jurisdiction by writ of error, under the 25th section of the judiciary act, as the validity ot
the treaties, or at least their construction, was drawn in question, and the decision was "against
the right, privilege or exemption specially set up and claimed under them," and as the validity
of a statute of the state of Georgia was also drawn in question, as being lepuguant to the consti-
tution, treaties, and laws of the United State-, and the decision, was in favor of its validity.—
Worcester x. The State of Georgia, C Peters, 521.
(а) The words of the constitution, deel iring that "the judicial power shall exti nd to all
cases of admiralty and maritime jurisdiction," must he taken to refer to the admiralty and ma-
litinie jurisdiction of England.— United S'aies v. JIcGill, 4 Dall. 42b—<129.
2. The above grant to the United States of all cast s of admiralty and tnariri ne jurisdiction,
does not extend to a cession of the waters in which these rases may arLc, or of general jurisdic-
tion over the same. Congress may pass all laws which are necessary, tor giving the most com-
plete effect to the exercise of the admiralty and maritime jurisdiction above granted; but the
gerieril jurisdiction over the place, subject to this grint, a llierou to the teni'ory as a portion
not yet given away, and the residuary pawtt. of.ltguilt tion 3 ill remain in the sta'e.— United
States v. Bcvens, 3 Wheat. 336.
(б) A case which belongs to the jurisdiction of the Supr< me Court, on account ol the intercut
a btate has in the controversy, must he one in which a st de i.., i it her iio niinlly or substantially
a party. It is not sufficient that a state may bo coireuuct tir.lly aborted.— Fowler, &c. v. Lind-
sey, 3 Doll. 411. _
2. When a quest'u n of jurisdiction exists I t tween diiitrtnt states of the Union, one state may
filea bill in the Supreme Court against the other, piayi i r to he quit ted us to the boundaries ot
the disputed territories; and the court, in order to uff ciuate justice, may appaii f corntuissioneis
to report those boundaries.—Ibid. Per Justice Tl ashington.
(c) See notes to lltli Amendment of Constitution,poAf.
(d) A citizen of a territory cannot sue a citizen ot a state in the courts of the United States,
nor can those courts take jurisdiction in consequence of other partiesbeing joined, who are capa-
hie of being sued. All parties on each rile must be subject to the jurisdiction.—New Orleans v.
Winter, See. 1 Wheat. 91.
2. Congress has power to give a District Court of the United Slates, eslaldishcd in a territory,
jurisdiction over a case brought by or against a citizen ol a territory, though he be not a citizen
of a slate.—Sere v. Pitot, 6 Branch, 332.
•1
18
CONSTITUTION OF THE tNULD ^TAlioS.
under grants of different states; and between a state or the citi/aus
thereof, and foreign states, (e) citizens or subjects. (J)
2. In all cases affecting ambassadors, other pullie inini,sters and
Jurisdiction of consuls) and those in which a state shall be a party, the supreme
Supreme Court, court shall have original jurisdiction. (".) In all the other cases
before-mentioned, the supreme court shall have appellate (/<) jurie-
3. The constitution does not confer on the Federal Courts exclusive jurisdiction betwt en citi-
zens claiming under grunts from different states. Tiic act of congress made in pursuance of the
above clause, does not authorize the party claiming under a grant from the state where the suit
is pending, to remove the cause Into the Federal Court, because his adversary claims under a
grant from another state.—Shepherd's Hti~s v. Young, 1 Mon. 204.
(e) The Cherokee nation is not a foreign state in the sense in which the term '{foreign
state" is used in the above clause of the constitution. It may perhaps more properly be deno-
minated a domestic dependent nation or statp, capable of maintaining the relations of peace and
war; of being responsible in its political character for any violation of its engagements, or for
any aggression committed on the citizens of the United States by any individual of its commu-
nity. A bill filed in the Supreme Court on behalf of the nation, to restrain the state of Georgia
from the forcible exercise of legislative power over it, cannot be sustained. It is the exercise of
political power, not within the proper province of the judicial department.—The Cherokee JSa-
tion v. The State of Georgia, 5 Peters, I.
(/) The words of the 11th section of the act of Congress of 1789, giving the circuit courts
cognizance of all suits of a civil nature, where an alien is party, were held to be confined to
controversies between a state or a citizen of a state and aliens, agreeably to the terras of the
above clause of the constitution.—Moss man v. Higginson, 4 Dall. 12. Hodgson v. Bowerbank,
b Crunch, 303.
2. The circuit court has no jurisdiction where both parties are aliens.—Ibid.
3. Congress cannot, by law, assign the judicial department any duties, but such as are of a
judicial character; for example, appointing the judges of the circuit court to receive and deter-
mine upon claims of persons to be placed on the pension list.—Hayburn's case, 2Dall. 409.
(g) The authority given to the Supreme Court by the act of 1789, establishing the judicial
system of the United States, to issue writs of mandamus to public officers, was a grant of origi-
nal jurisdiction not warranted by the constitution, and therefore void.—Marbury v. Madison, 1
Cranch, 137.
2. An indictment under the act of Congress of 1790, for infracting the law of nations by offer-
Jng violence to the person of a foreign minister, is not within the meaning of the above section.
It is a case which afffcts the United States, and the individual whom they seek to punish; but
one in which the minister, although injured by the assault, has no interest in the event of the
prosecution, and the circuit court has therefore jurisdiction.—The United States v. Ortega, 11
Wheat. 467.
3. Whether Congress can vest a concuirent jurisdiction in other courts of those cases over
which, by the constitution, the Supreme Court has original jurisdiction.—See United States v
Ravara, 2 Dall. 297. Marbury v. Madison, 1 Cranch, 137. United States v. Ortiga,11 U heul.
467.
4. The consul general of the king of Saxony, being sued in the Supreme Court ofNevv York,
failed to set up his exemption from such suit in that c mrt; but on the cause being carried up
to the court for the correction of errors, this matter was assigned lor error in fact, notwithstanding
which, judgment was given against the plaintiff in error. The case was carried to the Supieme
Court of the United States under the 25th section of the judiciary act. llel 1, that the Suj reme
Court had jurisdiction; and that although a consul omits to plead his privilege, and aficiwaids,
on removing the judgment of the inferior court to a higher court by writ of eiror, claims the
privilege, it is no waiver, it not being a perscnnl pri\ lie ge, hut one which the country or govern-
ment, which the consul represents, is entitled to.—Dai is v. Packard, 6 Ptters, 4,1 7 do. '„otl.
Qi) The original jurisdiction vested in the Supreme Court by the cons itution is hum led
entirely on the character of the parties. In its appellate jurisdiction, the character of the par-
ties does not govern, but the character of the case.—Coin nsv. Tlrgima, 6 Wheat, 392.
2. As Congress, under the power given it by the coreiiUiti n, lias limi ed the appi 11 to pit <*-
diction of the Supreme Court, and declared in what ca^es an appeal or wilt of enor si ■ II lir,
an exception in all other eases is implied. For it s tius t) be a , n nl j riu ij le, aj p liealle as
well to the appellate power of the Supreme Court as to t!i inlt lior com ts est i li-. re l»y acts of
Congress, that the judicial power, given by the constitution, can only be ex.eri.ise i m cases and
modes prescribed by act of Congress: the constitution t nd laws ruust both ct ncur in order to
vest it.— United States v. Moore, 3 Cranch, 170. Duronr eau v. The United Stuies, 6 Cranch,
312. Wilson v. Mason, 1 Cranch 91. Clark v. Basadone, 1 Cranch, 212.
3. In the construction of this clause it lias been held, that it vests in the Supreme Court an
CONSTITUTION OF THE UNITED STATES. 19
diction, both as to law and fact, with such exceptions, and under
such regulations, as the congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said
crimes shall have been committed; but when not committed within
any state, the trial shall be at such place o* places as the congress
may by law have directed.
SUCTION III.
1. Treason against the United States, shall consist only in levy-
ing war against them, or in adhering to their enemies, giving them
aid and comfort. (?) No person shall be convicted of treason unless
on the testimony of two witnesses to the same overt act, or on con-
fession in open court.
2. The congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of blood or
forfeiture, except during the life of the person attainted.
appellate jurisdiction in all cases where original jurisdiction is given to the inferior courts, with
only such exceptions, and under such regulations, as congress may make.—JVilson v. Mason,
1 Cranch, 91.
4. The appellate power of the Supreme Court of the United States extends to all cases enu-
merated in the constitution, where under the constitution it has not original jurisdiction, subject
to such exceptions and regulations as Congress may prescribe. The constitution never meant to
limit the appellate jurisdiction to cases pending in the courts of the United States; but wher-
ever the state tribunals may entertain juris liction of those cases arising under the constitution,
laws and treaties of the United States, an appeal maybe given to the Supreme Court. The
25th section of the act of 1789, is therefore constitutional.—Martin v. Hunter^s Lessee, 1 Wheat.
304-
5. The Supreme Court has, constitutionally, appellate jurisdiction under the 25th section of
the judiciary act of 1789, from the final judgment or decree of the highest court of law or equity
of a state, having jurisdiction of the subject matter of the suit, whf-re is drawn in question the
validity of a treaty, or statute of, or authority exercised, under the United States, and the deci-
sion is against their validity; or where is drawn in question the validity of a statute of, or an
authority exercised under amy state, on the giound of their being repugnant to the constitution,
treaties or laws of the United States, and the decision is in favor of such their validity; or of the
constitution, or of a treaty, or statute of, or commission held under the United States, and the
decision is against the title, right, privilege or exemption, specially set up or claimed by either
party, under such clause of the constitution, treaty, statute, or commission. And it is no objec-
tion to the exercise of this appellate jurisdiction, that one of the parties is a state, and the other
a citizen of that state.—Cohens v. Virginia, 6 Wheat. 264.
(i) The term 'levying wai'> has a well known technical signification, and comprehends as
well, those who create or raise a war, as those who make it or carry it on. A secret unarmed
meeting of conspirators, not in force or in warlike form, though having a treasonable intent, is
not treason.—United States v. Burr, 4 Crunch, 471—2,488. Ex parte Bollman and Swartout, 4
2. To make an assemblage treasonable, it must be in force, and in a warlike posture. It is
not necessary that the assemblage should have arms, or that force or violence should be applied.
If a body of men are assembled for the purpose of making war against the goveinmert, and are
in a condition to do so, it is an overt act of treason.—Ibid, 4 Cranch, 575-8.
3. But a combination or conspiracy to resist or defeat the execution of a statute of the United
States by force, though a high offence is not treason.— United Stales v. Fries,.Trial, 14.
4. An insurrection, the object of which is to suppress an office of excise, and to compel the
resignation of the excise offieer, and marching with a party to the house of the officer in arms,
marshalled and arrayed, and committing acts of vielence and outrage there, is a levying of war
against the United States.— United States v. Vigol, 2 Dull. 316. United States v. Mitchell. 2
Dall. 355.
5. The Supreme Couit of New York, notwithstanding a law of that state declaring what shall
be treason agai ist the state, quashed an indit tmeut, which, after setting out a slate of war be-
tween the United States and Great Britain, alleged, that the defen hints being Citizens of the
state of New York, and of the United States, as traitois of the state of Keio York, did adhere to,
and give aid and comfort to the enemy.—The People v. Lynch, See. 11 Johns, 553.
Trials by jury.
Treason.
20
CONSTITUTION OP THE UNITED STATED.
ARTICLE IV.
SECTION I.
Acts, records, Full an(^ credit siia.ll be given in each state to the publi"*
^c, of States ac- acts, records, and judicial proceedings of every other state. And
credited. the congress may, by general laws, prescribe the manner in which
such acts, records and proceedings shall be proved, and the effect
thereof. (J)
SECTION II.
Citizenship. 1. The citizens- of each state shall be entitled to all privileges and
immunities of citizens in the several states. (Ic)
2. A person charged in any state with treason, felony, or other
miJusitive cri" crime, who shall flee from justice, and be found in another slate,
minas' shall, on demand of the executive authority of the stoic from which
he fled, be delivered up, to be removed to the state having jurisdic-
tion of the crime,
3. No person held to service or labor in one state under the laws
Fugitive slaves, thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered upon claim of the party to whom such service or labor
may be due.
SECTION III.
©f new states. 1- New states may be admitted by the congress into this Union;
but no new state shall be formed or erected within the jurisdiction
of any other state; nor any s*ate be formed by the junction of two or
more states, or parts of states, without the consent of the legislature
of the states concerned as well as of congress.
2. The congress shall have power to dispose of, and make all
tt ,Tf?01'y °f needful rules and regulations respecting the territory or other pro-
n te tates. per£y belonging to the -United States; and nothing in this constitution,
'shall be so construed as to prejudice any claims of the United States,
or of any particular state.
SECTION IV.
1. The United States shall guaranty to every state in this Union,
Republican a repuLlican form of government, and shall protect each cf them
form of govern- J . . , " J .1
ment guaranteed against invasion, and on application of the legislature, cr oi Lie one-
cutive, when the legislature cannot be convened, against, domestic
violence.
ARTICLE V.
tot$™AZT cong'1'cs?j whenever iwo-LurJs of Loth houses shall deem
tion. it necessary, shall propone araondm:nts to this const'Lition, or cn the
(jf) The several states of the Union may admit as evidence in their cruris of just ice, the
public acts of each other, without the authentication required by the act of Congress, parsed in
pursuance of this clause of the constitution. When authenticated according to the act, tlicy mvst
be admitted.— Taylor v. Bank of Illinois, 7 Jlon. 33fi.
2. The effect of the record of a judgment of a sister state.—Si e flills v. Dvrr re, 7 Cr.Tich, 4 31,
Hampton x, He Coning 3 JVhcat. 234. .Irirj trong v. Carson's Fretailors, J Fall. P>!J. Jday-
hewx. Thatcher, 6 Wheat. 129. Phelps v. Holl;er,l Dallas, 231. Kilburn v. WoodiuorU), 5
Johns, 37. See title Jluilxentication,putt.
(k) To be a citizen, it iq necessary that a person should be entitled to the enjoyment of
those privileges and immunities, upon the same tonus upon which they are conferred upon other
citizens; and unless he is so entitled, [except in the case of lemales ulio are presumed to I e
represented by adult males of the same class,] he cannot, in the proper sense of the term, ho a
citizen.—JLmy v. Smith, 1 Litt. 333.
2. Under the constitution and laws of the United States, free negroes cannot become citi
zens of the United States.—Ibid. 334.
CONSTITUTION OF THE UNITED STATER. 51
application of the legislatures of two-thirds of the several states,
shall call a convention for proposing amendments, which, in either
case, shall be valid to all intents and purposes, as part of this consti-
tution, when ratified by the leg'slatures of three-foui ths of thcvseveral
states, or by conventions in thrce-lourths thereof^ as the one or the
other mode of ratification may be proposed by the congress; pro-
vided that no amendment which may be made prior to the year one
thousand eight hundred and eight, shall in any manner affect the first
and fourth clauses in the ninth section of the first article j and that no
state, without, its cinoent, shall be deprived of its equal suffrage in
the senate. (7)
ARTICLE VI.
1. All debts contracted and engagements entered into, before the
adoption of tliis constitution, shall be as valid against the United
States under this constitution, as under the confederation.
2. This constitution, and the laws of the United Slates which shall
be made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land; (m) and the judges in'every state shall be bound
(/) An amendment to the constitution, proposed in Coiigress, and adopted by two-thirds of
both houses, need nor be submitted to the President for his approbation.—Hollingsworth v.
Virginia, 3 Dull. 378,
(m) The act of the legislature of Virginia, of 1779, under which a debtor to a subject of
.Great Britain, had, in conformity to the provisions of that law, during the war, paid into the
loan office of the stale a portion of the debt due by him, -did not operate to protect the debtor
from a suit for such debt, after the treaty of peace of September 1783, and after the adoption of
the federal constitution, mailing treaties the supreme law of the land. The act of the Virginia
legislature was annulled by the fourth article of the treaty, which provided that creditors on
either side should meet with no lawful impediment to (he recovery of the full value in sterling
money of all bona Jiile delts heretofore co itracted.— Ware v\ Hyllon, 3 Dall. 199.
2. The judiciary have no power to declare a treaty to have been violated by one of the con-
Iractlng parties; Congress alone can exercise such power.—Ibid, 260.
3. Whether the judiciary may declare an article of a treaty unconstitutional and void.
Quere?—Ibid. Wijcart v. Da uchy, 3 Dall. 321. See cane of Jonathan Roberts, 1 HaWs Jour-
nal of Jurisprudence, 13.
4. Under this clause of the constitution, it has been hold that a decree of tire circuit court con-
demniiig a prize is not a definite sentence in the senna in which that term is used in the treaty
between the United States and the French republic, ratified on the2lst of December 1801; and
that a vessel captured as a prize, and so condemned, previous to the signature of the treaty, but
from which sentence a writ of error was prosecuted to the Supreme court, and was pending at
the time of the ratification, must be restored to the true owners.—United States v. The Schooner
Peggy, 1 Crunch, 103.
5. The treaty of peace between Groat Britain and the United States, prevents the operation
of the act of limitations of Virginia upon British dehts contracted before that treaty.—Hopkirk
v. Bell, 3 Crunch, 454.
6. A law passed in pursuance of the power of exercising exclusive legislation over the district
ol Columbia, is within the above clause as fully as any other passed by Congress; find a law of
a state, made to defeat the ohjacts it has in view, is unconstitutional. The act of Congress,
however, of May, 1812, which authorizes the drawing of lotteries by the corporation of the city of
Washington, lor certain purposus and under certain restrictions, does not authorize the corpo-
ration to force the s-t e of tickets in such lottery, in states where such sale may be prohibited by
the state laws,—Cohens v, Virginia, 6 Wheat. 264.
7. The Bank ot the United States has a right to establish its branches within any state, and
it being an instrument employed by the General Government for carrying on its fiscal operations,
a state has no power to tux it. The real property ot the Bank, 1 owever, may be taxed in com-
mon with the real property ot the state; or the stock held by the citizens of such state in common
with the property of the same description throughout the state.—McCulloch v. ZVte State
of Maryland, A. Wheat. 316. Osborn v. The United States Bank, 9 Wheat. 859. See Common-
wealth of Kentucky v. James Morrison, 2 Marshall, 75.
8. The constitution, hy declaring treaties already made, as well as those to be made, the su-
Dehts prior to
adoption of con-
stitution.
Force of the
constitution
laws and treaties
of the U. States.
22
CONSTITUTION OF THE UNITED STATES.
thereby, any thing in the constitution or laws of any state to the con-
trary notwithstanding.
3. The senators and representatives before-mentioned, and tho
Oath to sup- members of the several state legislatures, and all executive and judi-
tutiorr6 Constl" cial officers, both of the United States and of the several states, shall
be bound by oath or affirmation, to support this constitution: but no
eiig oustest. reijgioug evel. required as a qualification to any office or
public trust under the United States.
ARTICLE VII.
Ratification 1. The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between the states
so ratifying the same.
Done in convention, by the unanimous consent of the states presentj
the seventeenth day of September, in the year of our Lord one
thousand seven hundred and eighty-seven, and of the Independence
of the United States of America, the twelfth. In witness whereof
we have hereunto subscribed our names.
GEORGE WASHINGTON.
President and Deputy from Virginia.
NEW HAMPSHIRE. DELAWARE.
John Langdon,
George Read,
Nicholas Gilman.
Gunning Bedford, jun.
MASSACHUSETTS.
John Dickinson,
Nathaniel Gorham,
Richard Bassett,
Rufus King.
Jacob Broom.
CONNECTICUT.
MARYLAND.
William Samuel Johnson,
James M'Henry,
Roger Sherman.
Daniel of St. Tho. Jenifer,
NEW YORK.
Daniel Carroll.
Alexander Hamilton,
VIRGINIA.
NEW JERSEY.
John Blair,
William Livingston,
James Madison, jun.
David Brearly,
NORTH CAROLINA.
William Patterson,
William Blount,
Jonathan Dayton.
Richard Dobbs Spaight,
PENNSYLVANIA.
Hugh Williamson.
Benjamin Franklin,
SOUTH CAROLINA.
Thomas Mifflin,
John Rutledge,
Robert Morris,
C. CoTESWORTH PlNCKNEY,
George Clymer,
Charles Pinckney,
Thomas Fitzsimons,
Pierce Butler.
Jared Ingersoll,
GEORGIA.
James Wilson,
William Few,
Governeur Morris.
Abraham Baldwin.
Attest,
WILLIAM JACKSON, Secretary.
preme law of the land, has adopted and sanctioned the previous treaties with the Indian nations,
and consequently admits their rank among those powers who are capable of making treaties.—
Worcester v. State of Georgia, RPdtrs, 511.
9. The Court of Appeals of Kentucky is bound by the decision of the Supieme Court of the
United States, settling a c instruction ol the constitution or laws of the United States, in cases
where the Supreme Court possesses revising jurisdiction over the derisions of that court.—BotI-
ley v. Gaither, 3 Mon. 58. Sec Fisher v. Cockerill, 5 Mon. 132. The Commonwealth of Ken*
turky y. Morrison, 2 Mar. 75. Judge Rowan dissenting.
AMENDMENTS
TO THE
CONSTITUTION OF THE UNITED STATES.
^The following amendments were proposed at the first Session of the
first Congress of the United States, which was begun and held at
the City of New York, on the 4th of March, 1789, and were adopted
by the requisite number of States. First Volume of the Laws of
the United States, page 72.
•ARTICLE I.
1. Congress shall make no law respecting an establishment of Free exercis
religion, or prohibiting the free exercise thereof; or abridging the dom^of^speech
freedom of speech, or of the press; or the right of the people peace- and of the press
ably to assemble, and to petition the government for a redress of and. ^ ris]lt 0
grievances. petition:
ARTICLE II.
1. A well regulated militia being necessary to the security of a Right t0 beai
free state, the right of the people to keep and bear arms shall not be arms,
infringed.
ARTICLE HI.
'1. No soldier shall, in time of peace, bo quartered in any house Soldiers not t<
without the consent of the owner, nor in time of war but in a manner be quartere
to be prescribed by law.
ARTICLE IV.
1. The right of the people to be secure in their persons, houses, sebar°e^e al aing
papers, and effects, against unreasonable searches and seizures, u^reaMnabie1"6
shall not be violated, and no warrants shall issue but upon probable searches and sei
cause, supported by oath or affirmation, and particularly describing the zures'&c"
place to be searched, and the person or things to be seized. (n)
ARTICLE V.
1. No person shall be held to answer for a capital or otherwise Criminal pro
infamous crime, unless on a presentment or indictment of a grand ceedmgs "guia
jury, except in cases arising in the land or naval forces, or in the
militia when in actual service, in time of war or public danger; nor
shall any person be subject, for the same offence to be twice put in
jeopardy of life or limb; (o) nor-shall be compelled in any criminal
(n) This article has no application to warrants issued by state officers, and cannot affect
proceedings under the authority of states. It was adopted to limit the power of the United
States, and prescribe fixed rules relative to searches and seizures under the authority of the na-
tional government.—Reed,&ac. v. Rice, 2 J. J. Mar. 45.
(o) In a capital case, if the jury are* unable to make a verdict, the court may in its discre-
24
CONSTITUTION OF THE UNITED STATES.
rrivate proper- cage t0 be a witness against himself; nor be deprived of life, liberty,
ty not taken & c. Qr pr0per(;yj without due process of law; nor shall private property
be taken for public use without just compensation. (p)
ARTICLE VI.
Trial by jury 1. In all criminal prosecutions the accused shall enjoy the right
Hal"Troceedii^s to a sPee<ty an^ Public trial, by an impartial jury of the state and
na proce mgs, (j-gtr|ct wherein the crime shall have been committed, which district
shall haye been previously ascertained by law, and to be informed of
the nature and cause of the accusation: to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor; and to have the assistance of counsel for his
defence.
ARTICLE VII.
in Common \aw ^ suits at common law, where the value in controversy shall
cases, when to exceed twenty dollars, the right of trial by jury (q) shall be pre-
be had. served; and no fact tried by a jury shall be otherwise re-examined in
any court of the United States, than according to the rules at the
common law.
ARTICLE VIII.
Excessive bail. 1. Excessive baiL shall not be required, nor excessive fines iin-
posed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
nights retain- 1. The enumeration in the constitution of certain rights, shall not
ed by people. pe construed to deny or disparage others retained by the people.
Powers not ARTICLE X.-
grantedT&c. are 1- The powers not delegated to the United States by the constiiu-
reserved. tion, nor prohibited by it to the states, are re'served to the states,
respectively, or to the people.
[The following amendment was proposed at the second Session of the third
Congress. It is printed in the Lawsof the United States, 1 vol. p. 73, as art. 11.1
ARTICLE XI.
1. The judicial power of the United States shall not be construed
besued^c0110 ex^en(i t° any SUR in ^aw or equity, commenced or prosecuted
against one of the United States by citizens of another state, or by
citizens or subjects of any foreign state, (r)
tion discharge them, without its being a bar to a subsequent trial for the same offence. This
discretion, however, ought to be exercised with great caution, or the ends of public justice might
otherwise be defeated.—Unted States v. Peres, 9 Wheat. 579.
(p) The provision in the above amendment, declaring that private property shall not be
taken for public use without just compensation, isintended solely as a limitation on the exercise
of power by the government of the United States, and is not applicable to the legislation of the
states. Limitations of power, if expressed in general terms, arc necessarily applicable to the
government created by the instrument, and not to distinct governments framed by different ptr-
sons and for different purposes.—Barron v. The Mayor of Baltimore, 7 Peter?, 243.
(q) The act of Maryland of 1783, incorporating the Bank of Columbia, and giving a sunt-
nrary process to the corporation by execution, in the nature of an attachment, without t'tc udci-
renlion of a jury, against its debtors, who, by express consent in writing, made the bonds, bills,
or notes by them drawn or endorsed, negotiable at Bank, is not repugnant to the above clause.—
Bank of Columbia v. Oakley, 4 Wheat. 240.
(r) In the case of Chisholm v. Georgia, 2 Dall. 419, it was decided thai assumpsit might l c
maintained against a state by a citizen of a different state, and the state of Massachusetts In ing
sued among others proposed the above amendment, which was duly ratified.—Tucker's Black-
stone, 153.
2. This amendment, however, does not affect controversies between two or more states. .See,
for example, New York v. Connecticut, 4 Dall. 3, or between a state and foreign stales.
3. The above amendment is construed, not only to prohibit the bringing ol suits against a
state by citizens of another state, or aliens, from the period of its adoption, but to put an end to
ail such suits then depending—Hollingsworth v. Virginia, 3 Dall, 378. See 2 Dall. 480 note.
CONSTITUTION OJEf THE UNlTEU STATES.
[The three following sections were proposed as Amendments at the first Ses-
won of the eighth Congress. They are printed in the Laws of the United States
as article 12.1
ARTICLE III.
1. The electors shall meet in their respective states, and vote by Manner of
ballot for President and Vice President, one of whom, at least, shall ^®"sing Presi"
not be an inhabitant of the same state with themselves; they shall
name in their ballots the person voted for as President, and in dis-
tinct ballots the person voted for as Vice President; and they shall
make distinct lists of all persons voted for as President, and* of all
persons voted for as Vice President, and of the number of votes for
each, which lists they shall sign and certify, and transmit sealed to
the seat of the •government of the United States, directed to tho
President of the senate; the President of the senate shall, in the
presence of the senate and house of representatives, open all the
certificates, and the votes shall then be counted; the person having
the greatest number of votes for President, shall be the President, if
such number be a majority of the whole number of electors appoint-
ed: and if no person have such majority, then from the persons having
the highest numbers, not exceeding three, on the list of those voted aent0aUtivM witea
for as President, the house of representatives shall choose immedi- t0 choose Presi-
ately, by ballot, the President. Buf, in choosing the President, the dent,
votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a mem-
ber or members from two-thirds of the states, and a majority of all
the states shall be necessary to a choice. And if the house ofrepre-
sentatives shall not choose a President whenever the right of choice if president
shall devolve upon them, before the fourth day of March next follow- not chosen, vice
ing, then the Vice President shall act as President, as in the case of Pa 1° ^
the death or other constitutional disability of the President.
4. A suit between individuals, where the state is not necessarily a defendant, although it
may lay claim to, or suggest title in itself to the sum demanded, is not within this amend-
raent.— United States v Peters, 5 Crunch, 115. '
5. In all cases where jurisdiction defends on (he party, it is the party named in t,he i-ecor$.
It was accordingly held, that a suit could be maintained against the auditor of the state of Ohio,
who, acting under a law of that state taxing the Hank of the United States, entered the banking
house at Chilicothe and took therefrom $100,000, as the state was not a party on record, and as
the law, under which the auditor acted, was unconstitutional.— Osbornv. United States Bartk.9
Wheat 857.
6. A writ of error, which is sued out from the Supreme Court to bring up a judgment in a
state court rendered in favor of the state against one of its own citizens, is not a suit within this
amendment.—Cohens v. Virginia, 6 Wheat. 412.
7. It is said that this amendment is confined strictly to suits at law or in equity, and does not
embrace suits of admiralty and maritime jurisdiction.—United States v. Bright, &c. 3 HaWs
Law Jour. 225. Sergeanfs Constitutional Law, 418.
8. That a state is a member of a private corporation, does not communicate thereby its ptivi-
leges and prerogatives, but so fai as concerns the transactions of the company, it divests itself of
its sovereign character, and takes that of a private citizen. Such corporation cannot therefoie
claim to be exempt from suit in the courts of the United States, by virtue of this amendment.—
United States Bank v. Planters'1 Bank, 9 Wheat. 904.
9. Juan. Mudrazzo, a subject of the king of Spain, filed a libel praying admiralty process
against the state of Georgia, charging that the state was in possession of a sum of money, tho
proceeds of the sale of slaves, which hau been seized as illegally brought into Georgia, and
• which seizure had since been adjudged to be illegal, under admiralty proceedings. Jurisdiction
was claimed for the Supreme Court on the ground that the above amendment does not apply to
suits in the admiralty against a state. It was determined, that this is hot acas^where pro-
perty is in the custody ot a court of admiralty. It is a mere personal suit against a state, to
recovt r proceeds in its possession, and under the above amendment cannot be maintained.-—Et
parte Juan Madrasao, 7 Peters, 627.
CONSTITUTION OF THE UNITED STATES.
2. The person having the greatest number of votes as Vice Presi-
dent, shall be the Vice President, if such number be a m j u-ity of
toefctvl Wp0n w^°^e number of electors appointed; and if no person have a
■Went, 66 rC majority, then from the two highest numbers on the list, the senate
shall choose the Vice President: a quorum for the purpose shall con-
sist of two-thirds of the whole number of senators, and a majority of
the whole number shall be necessary to a choice.
3. Bat no person constitutionally ineligible to the office of Presi-
dent, shall be eligible to that of Vice President of the United States.
£ln the edition of the Laws of the United States, there is an Amendment
printed as article 13, prohibiting citizens from accepting titles of nobility or
honor, or presents, offices, &c. from foreign nations. Unt, by a message ol the
President ot the United States of the 4th of February, 18 8^11 answer to a reso-
lution of the House of Representatives, it appears that this Amendment had been
ratified only by 12 states, and therefore had not been adopted. See vol. iv. of the
printed papers of the 1st Session of the 15th Congress, No. 76.]
ACTS OF CONGRESS ON NATURALIZATION.
1802.
An Act to establish an uniform rule of Naturalization, and to repeal the acts heretofore
passed on that subject: Approved April 14,1802.
Section 1.. Any alien, being a free white person, may be admit- AHen may be
ted to become a citizen of the United States, or any of them, on the fol- 2e™itted 8 citi"
lowing conlitions, and nit otherwise: (c)
Firsty That he shall have declared, on oath or affirmation before To declare on
the supreme, superior, district or circuit court of some one of the states, °.ath his inten-
or of the territorial districts of the United States or circuit or district a°citizenC°t™r!w
court of the United States, three years at least before his admission, years before ad.
that it was, bonajlde, his intention to become a citizen of the United mission» and t0
States, an 1 to ren >unce forever all allegiance and fidelity to any foreign eranegiance.°tl1"
prince, potentate, state or sovereignty whatever, and particularly, by
name, the prince, potentate, state or sovereignty whereof such alien
may, at the time, be a citizen or subject.
Secondly, That he shall, at the time of his application to be ad- When admit,
mitted, declare, on oath or affirmation, before some one of the courts ta£?t oa^j
a tores ai 1, that he will support the constitution of the United States, constitution * of
and that he doth absolutely and entirely renounce and abjure all alle- the U.S. and re-
giinoe and fidelity to every foreign prince, potentate,, state or sover- n°unce allother
eignty whereof he was before a citizen or subject; which proceedings
shall be recorded by the clerk of the court.
(c) The naturalization of the father in the year 1795 conferd the rights of citizenship upon an
infant child then resident in Scotland, and who came to the United States while an infant, and
prior to the above act.—Campbells. Gordon, 6 Cranch, 176.
Who are Aliens.
1. The rule as to the point of time at which Americans born before the revolution ceased to be
British subjpct", differs in this country and. in England, as established by the courts of justice
in the respective countries. The English rule is to take the date ot the treaty of peace in 1783;
our rule is to take the date of the declaration of independence.—Inglis v. Trustees of Sailors»
S/rug Ha, bor, 3 Ptlers, 121.
2. '['he settled doctrine in this country is, that a person born here, but who left the country
before the declaration of independence, and never returned here became an alien and incapable
of taking lands subsequently by descent. The right to inherit depends upon the existing state
of allt giance at the time of the descent rast.— Ibid.
3. A person born in New York befor-* the 4th of July, 1776, and who remained an infant
with his father in the city of New Yo k while it was occupied by the British troops, his father
being a royalist, and having left New York with the British troops, taking his son with him, who
never returned to the United States, is a British born subject, and continued an alien, and is dis-
abled from taking land by inheritance in New York.—Inglis v. Trustees of Sailors* Snug Harbor^
3. Ptlers. 126.
4 The British doctrine is, that Americans born before the revolution, by remaining in Ameri-
ca after the peace, lost their character of British subjects; and our doctrine is, that by withdraw-
ing from this country and adhering to the British crown, they lost, or perhaps, more properly
sp'akino, never acquired the character of American citizens.—Ibid, See also Shanks y. Dup&at
kr, 3. Pdersy 242.
28
ALIENS AND NATURALIZATION.
Thirdly, That the couit admitting such alien shall be satisfied that
Before admit, he has resided within the United States five years at least, and with-
side'dTyearYfti *n ^ie state or territory where such court is, at the time, held, one
u.s.and l year year at least; and it shall further appear to their satisfncth n, that
in state where he during that time lie has behaved as a man ofa good moral < In factor,
app ies. attached to the principles of the constitution of the United States,
and well disposed to the good order and happiness of the same: Provi-
ded, that the oath of the applicant shall, in no case, be allowed to
prove his residence.
Fourthly, That in case the alien, applying to be admitted to citi-
To renounce zenship, shall have borne any hereditary title, or been of any of the
of^nohiiit' hfhe orc!iers n°bility in the kingdom or state from which he came, he
ha."any!7,1 6 shall, in addition to the above requisites, make an express renuncia-
tion of his title or order of nobility, in the court to which his applica-
tion shall be made, which renunciation shall be recorded in the said
Subjects of na- court: Provided, that no alien, who shall be a native citizen, deni-
u°ngatnotrto^fce zen or sukject °f any country, state or sovereign, with whom the
admitted citizens United States shall be at war, at the time of his application, shall
Aliens resid- be then admitted to be a citizen of the United States; Provided also,
of5 uT before t^iat auy a^en who was residing within the limits and under the ju-
Jan. 29, 1795, risdiction of the United states before the twenty-ninth dnv of Janua-
may be admitted Ty, one thousand seven hundred and ninety-five, may be admitted to
tain^eriuA cer "become a citizen, on due proofs made to some of the courts afire-
said that he has resided two years, at least, within and under ihe ju-
risdiction of the United States, and one year at least, immediately
preceding his application, within the state or territory where such
court is at the time held; and on his declaring, on oath or affirmation,
that he will support the constitution of the United States, and that he
doth absolutely and entirely renounce and abjure all allegiance and
fidelity to any foreign prince, potentate, state or sovereignty what-
5. The doctrine of perpetual allegiance is not aophed by the British courts to Americans born
before the revolution. The supreme court of the United States, in the case of Blight's Lessee v.
Rochester, 7 Tf7ieaton,544, adopted the same rule with respect to the rightsol British subjects,
here; that although born before the revolution, they are equally incapable with those born subse-
quem to that event of inheriting lands in this country.—Inglis v. 2'ruskes of Sailors1 Snug Har-
bor 3 Peters, 121.
6. The marriage of a female, a native of South Carolina, in 1781, while Use British troops
had possession of Charleston, with a British officer, did not change or destroy her allegiance to
that stat<, because marriage with an alien, whether friend or enemj-, produces no dissolution oi the
native allegiance of the wife.—Shanks, kc. v. Dupont, kc. 3 Peters, 216.
Rights of Aliens.
1. An alien cau take lands by purchase, either by grant or devise, though not by descent,
at common law; or, in other words, he cannot take it by the act of law, but he may by the act
of paity. Trustees ofLovisville l.-Gray, I. Lilt 149; Stevenson kc. v. DunJap1sHeirs, kr. 7. .Von.
143; Elmoderojf v. C rmicheal, Lift. 474; Fairfax^ Devisee v. Hunt(r\<t LessP,l,Cranch b'03;
O/tv . Hodgson, kc. 4. Wheat, 453; Huntv. ff aruick's Heirs, Har. 61; Gouvernevr's Heirs, v.
Roberson, kc. 11 Wheal. 332; Martin k Yerger 248.
2. The circumstance of the plaintiff's (who had obtained a judgment in bis favor of an irifc-
rior court) having become an alien enemy by the commencement of a war pending a writ of
error, will not prevent the supreme court from affirming the judgment, if there is no error
j unifying its reversal.— Owens v. Honney, 9 Cranch, 180.
3. The alienage of the vendee is not a sufficient ground to entitle the vendor to a decree re-
scinding a contract for trie sale of lands; though perhaps it might afford a reas m for deming a
specific performance as against the vendee.—Hepburn et al. v. Dvnlop, kc% 1 Wheat. 197--8.
4. The property of British corporations in this country is protected by the 9ixth article of the
treaty of peace, 1783, in the same manner as that of natural persons; and they are coi firrm d by
the ninth article of the treaty of 1794.—Society for the Propagation of the Gospel v, Mew Haven
&o. 8 Wf<eaf. 464.
AllE\S ANU NATURALIZA! it
29
ever, and particularly, bj name, tlie prince, potentate, state orsov-
ereignty thereof he was before a citizen or subject; and, more-
over on its appe iring to the satisfaction of the court, that during the said
term of two years, he has behaved as a inan of good moral character,
attached to the constitution of the Unitec^States, and well disposed
to the good order and happiness of the same; and where the alien,
applying for admission to citizenship, shall have borne any hereditary
title, or been of any of the orders of nobility, in the kingdom or state
from which he came, on his moreover making in the court an express
renunciation of his title or order of nobility, before he shall be enti-
tied to such admission; all of which proceedings, required in this
proviso to be performed in the court, shall be recorded by the clerk win "within Hm-
thereof: And provided also, that any alien who was residing within its of u. s. be.
the limits and under the jurisdiction of the United States at any ^T'june
time between the said twenty-ninth day of January, one thousand is, 1793. may
seven hundred and ninety-five, and the eighteenth day of June, one be admitted in
thousand se\ on hundred and ninety-eight, may, within two years ^"of't^act
after the passing of tiiL' act, be admitted to become a citizen, without without condi-
a comp.i'inoe uilh the first condition above specified. tion-
Section 2. Provided also, That in addition to the directions afore- A]iena arrlv
said, all free white persons, being aliens, who may arrive in the United lnR after th^pas-
States after the passing of this act, shall in order to become citizens saze of this act,
of the United Slates, make registry, and obtain certificates, in the h^hto V|er®ce
following manner, to wit: Every person desirous of being naturalized become citizens
shall, if of the age of twenty-one years, make report of himself; or if
under the age of twenty-one years, or held in service, shall be report-
ed by his parent, guardian, master or mistress, to the clerk of the
district court of the district where such alien or aliens shall arrive, [This section
or to some other court of record of the United States, or of either of repeaied-.see act
the territorial districts of the same, or of a particular state; and such 1828' postd
report shall ascertain the name, birth place, age, nation, and alle-
giance of each alien, together with the country whence he or she
migrated, and the place of his or her, intended settlement; and it
shall be the duty of such clerk, on receiving such report, to record the
same in his office, and to grant to the person making such report and
to each individual concerned therein, whenever he shall be required,
a certificate un lei his hand and seal of office, of such report and re-
5. The rights of aliens, thus protected by the treaties of 1783 and 179-1, are not abrogated
by war between the contracting parties, but are only suspended while it lusts; and unless a new
treaty wfih repugnant stipulations is made, they revive in their opciation at the return of peace.
Ibid.
6. An alipn does not lose his right to sue in the courts of the United States by a residence in
a state of the Union.—Brcedloie v, Nicolet, 7 Pet 413.
Decisions on the treaties with Great Britain o/" 1783 & 1794.
1. The 6th article of the treaty of peace, between the United States and Great Britain of
1783, cimpletely protected the title of British subjects to the lands of the United States, which
would have beenlixble to forf-iture by escheat, for the defect of alienage. That article was not
meant to be confined to confiscations, Jure belli —Orr v. Hoigsot1, kc. 4 Wheat. 594.
2. The 9tli article of the treaty of 1794 between the United States and Great Britain com-
pletely protected the title cf a British devisee, whose estate had not been previously divested by
an inquest of oilice or some equivalent proceeding.—Fairfax v. Hunter,! Crunch, 603.—See
also Craig , kr, v. Radfort, 3 Wheat 453.
3. 1 he article above referred to applies to the title of the parlies, whatever it is, and gives it
the same legal validity as if the parties were citizens. It is not necessary that they should show
actual seizin or possession, but only that the title was in them at the time the treaty was made.
-—Orr v. Hodgson, k Wheats 453; BlighVz Lessee v. Rochester, 7 Wheat, 535; Hughes, kc
v. Edwards, &<*., 9 Wheat, 48.
so
ALIENS AND NATURALIZATION.
gistry; and for receiving and registering each report of an individ-
ual or family, fifty cents; and such certifi'ute shall he exhililed to
the court by every alien who may arrive in the United Stales after
the passing of this ac!, on his application to I e naturalized, as evi-
dence of the time of his arrival within Ihe United Siafes,
Wh„, Section 3. And whereas doubts have arisen whether certain
What courts „ ■ i * i • * • 1 j
have power to courts ox record in some ot the states, are inelu ird within Ihe deb-
naturalize. senption of district or circuiicourts: Be it further enacted, That every
court of record in any individual state, having common law jurisdic-
tion, and a seal and clerk or prothon >tary, shall be consideied as a
district court, within the meaning of this act; and every alien, who
may have been naturalized in any such court, shall enjoy, from and
after the passing ot the act, the same rights and privileges as if he had
been naturalized in a distiictor circuit court of the United States.
Si ction 4. The children of persons duly naturalized under any
rents'who'have 'aws United States, or who, previous to the passing of
been duly natur- any law on that subject by the government of the United States, may
eiized wi iiethey have become citizens of any one of the said states, under the laws
mittedta^citlzen* thereof*, being under the age of twenly-cne years, at the time of their
ship, parent's being so naturalized or admilted to the rights of citizenship,
shall if dwelling in the United States, be considered as citizens of
the United States; and the children of persons who now are, or have
been citizens of the United States, shall, though born out of the
limits and jurisdiction of the United States, be considered as citizens
of the United States: Provided, that the right of citizenship shall not
descend to persons whose fathers have never resided within the
United States: Provided also, that no person heretofore, proscribed
by any state, or who has been legally convicted of having joined the
army of Great Britain, during ihe late war, shall be admitted a citi-
zen as aforesaid, without the consent of the legislature of the state in
which such person was proscribed.
regaled1" aCtS Section 5. That all acts heretofore passed, respecting naturali-
zaticn, be, and the same are hereby repealed.
1804.
An Act in addition toan act entitled "an act toestablisli an uniform rule of Naturalizat'ont
anil to repeal the acts tieretofore passed on that sulject;" Approved March 2d, 1104.
Section 1. Any alien, being a free white man, who wTas residing
n limitsof u! s! within the limils and under the jurisdiction of the United States, at
4. The 9th article of the treaty of 1794, did not mean to include any other persons than such
as were Briiish subjects,or citizens "of the United States.—Orr v. Hodgson &c , 4 Wheats 453.
5. The treaty ot peace of 1783 and that of 1794 provided only for titles existing at the time,
and not for those subsequently acquired.—BlighVs lessee v. Rochester, 7 Wheat, 2t>3.
Derisions on the Convention o/"1800 with Franre.
1. Wheref a native of France, who had been naturalized in tne United States, died in 1799,
seized of real estate in Alan land, "ntestate, leaving heirs natives and resi h nts in Fri nee, sueh
heirs were held entitled to recover the real estate in ejectment.—Chirac v. Chirac'2 Wheat, 259,
2. The seventh at tide of the convention with France gave to a Frer ch subject, who lu.d at«
quired lands by descent, in a state, where lands purchased by an alien geueralh, ould he iinme-
diately escheatahle, the right during his life, to sell or otherwise to dispose of them.—Chirac, v.
Chirac, 2 Wheat, 259.
3. Although the convention, with France, has expired by its own limitation of eibhtyears yet
the instant the descent was east on a French subject, during its continuance, I is rights became
complete under it and could not be affected by its subsequent expiration —Chirac v, Chirac2
Wheat, 259.
ALIENS AMD NATURALIZATION.
31
any time between the eighteenth clay of June, one thousand seven i>etweenjunei8
hun h-ed on 1 ninety-eight, and the fourteenth day of April one thou-
s-ml eight hunired anl two, and who has continued to reside within ted citizens with
the same, m ty be admitted to become a citizen of the United States, out condition in
without acomp]iin"e wi.h the first condition specified in the first aformeract-
secti n of the act entitled "an act to establish an uniform rule of
nut iraliziti >11, and to repeal the acts heretofore passed on that
subject."
Section 2. When any alien, who shall have complied with the If aIien who
first con lition specified in the first section of the said original act, and Jj™ attain!
who shall hiv e pursued the directions prescribed in the second sec- condition, die he.
tian of the said act, may die before he is actually naturalized, the
widow and the children of such alien shall be considered as citizens chUdren°deemed
of the United States; And shall be entitled to all rights and privileges citizens,
as such, upon taking the oath prescribed by law.
1816.
An Act relative to evidence in cases of Naturalization: Approved March 22, 1816.
Section 1. The certificate of report and registry, required as Certificate of
evidence of the lime of arrival in the United States, according to the beexhibi.
second section of the act of the fourteenth of April, one thousand eight ted by alien on
hundred and two, entitled "an act to establish an uniform rule of na- application to be-
turalization, and to repeal the acts heretofore passed on this subject;" come acitizen-
and also a certificate from the proper clerk or prothonotary, of the
declaration of inlention, made before a court of record, and required
as the first condition, according to the first section of said act, shall
he exhibited by every alien on his application to be admitted a citizen This section
of the United States, in pursuance of said act, who shall have arrived i828^os<?]6aCt
within the limits and under the jurisdiction of the United States, since
the eighteenth day of June, one thousand eight hundred and twelve,
and shall each be recited at full length in the record of the court ad-
mitting such alien; otherwise he shall not be deemed to have complied
with the conditions requisite for becoming a citizen of the United SjnCe "jAne^is"
States. And any pretended admission of an alien, who shall have 1812, void with'
arrived within the limits and under the jurisdiction of the United °atc^ital of cer-
States, since the said eighteenth day of June, one thousand eight hun- a e'
dred and twelve, to be acitizen, after the promulgation of this act with-
out such recital of each certificate at full length, shall be of no validity
or effect under the act aforesaid.
Section 2. Provided, That nothing herein contained shall be Proviso in fa.
construed to exclude from admission to citizenship, any free white vor of aliens re-
person who was residing within the limits and un ler the jurisdiction tween'ru^/is5
of the United States, at any time between the eighteenth day of June, 1793, and April
one thousand seven hundred and ninety-eight, and the fourteenth day 14,1802.
of April, one thousand eight hundred and two, and who, having con-
tinaed to reside therein without having made any declaration ofinten-
tiou before a court of recoid as aforesaid, may be entitled to become
a citizen of the United Stales, according to the act of the twenty-sixth
of March, one thousand eight hundred and four, entitled "an act in
addition to an act entitled an act to establish an uniform rule of natur-
alization, and to repeal the acts heretofore passed on that subject."
32
ALIENS AND NATL KALlZAl ION
what such per. Whenever any person, without a certificate oft, icU declari thai «.f in-
tonebcomeprcitu tention as aforesaid, shall make application to 1 e admitted a citizen
mis. of the United States, it shall be proved to the sitisiVli n of the eouit,
that the applicant was residing within the limits and under the juric-
diction of the United States, before the fourteenth day of April, one
thousand eight hundred and two, and has cont'nued to reside in the
same, or he shall not he so admitled. And the residence of the ap-
plicant within the limits and under the jarisdiction of the United
States, for at least five years immediately preceding the time of such
application, shall be proved by the oath or affirmation of citizens of
the United States; which citizens shall be named in the record as
witnesses. And such continued residence within the limits and under
the jurisdiction of the United States, when satisfactorily proved, and
the place or places where the applicant has resided for at least five
years as aforesaid, shall be stated and set forth, together with the
names of such citizens, in the record of the court admitting the appli-
cant; otherwise the same shall not entitle him to be considered and
deemed a citizen of the United States.
1824.
An Act infurther addition to "an act to establish art Uniform rule of Naturalization, and
to repqjU the acts heretofore passed on that subjectApproved May 26,1 b'Si I.
Conditions on Section 1. Be it enacted by the Senate and Home of lleprcsen-
which an alien, toii'ces of the United States of America in Congress assembled, That
being a free white any alien, being a free white person and a minor under the age of
person and a twenty-one years who shall have resided in the United States three
minor, may be. - .... . . . ..,
come a citizen of years next preceding his arriving at the age of twenty -one years,
the u.states. and who shall have continued to reside therein to the time he may
make application to be admitted a citizen thereof, may, after he arrives
at the age of twenty-one years, and after he shall have resided five
years within the United States, including the three years of his mi-
nority, be admitted a citizen of the United States, without having
made the declaration required in the first condition of the first section
of the act to which this is in addition, three years previous to his ad-
mission: Prodded, such alien shall make the declaration required
therein at the time of his or her admission; and shall fuither declare,
Frovieo. on oath, and prove to the satisfaction of the Court, that fi >r three y ears
next preceding, it has been the bona fide intention of such alien to
become a citizen of the United States; and shall, in all other respects,
comply w ith the laws in regard to naturalization.
No certificate Section 2. And be it further enacted, That no certificates of ci-
of citizenship or tizenship, or naturalization, heretofore obtained from any court of
naturalization record within the United States, shall be deemed invalid, in conse-
heretofore ob. qence 0f an omission to comply with the requisition of the first section
tained from any , . , . ,, . .r , , • , • ? • c x i •
court to be deem- of the act, entitled "An act relative to evidence m cases of nuturali-
ed invalid. zation," passed the twrenty-second day of March, one thousand eight
qSred raby°nthe hundred and sixteen.
first section of Section 3. And be it further enacted, That the declaration re-
the former act to quired by the first condition specified in the first section of the act, to
toinVcondit°ions.r which this is in addition, shall, if the Same has been bona fide made
before the Clerk of either of the Courts, respectively.
ALIENS AND NATURALIZATION#
03
Section 4, And be it further enacted, That a declaration by any
alien, being a free white person, of his intended application to be ad- A declaration
mitted a citizen of the United States, made in the manner and form yearlyeforeTis
prescril ed in the first condition specified in the first section of the act admission shall
to which this is in additi in, two years before his admission, shall be ^sufficient,
a sufficient compliance with said condition; any thing in the said act,
or in any subsequent act, to the contrary notwithstanding.
1 828.
An Act to amend the acts concerning Naturalization: Approved May 24,1828,
Section 1. Be it enacted by the Senate and House of Represen- gePOnd 6ection
tativesof the United States of America in Congress assembled, That of tr.e act of
the second section of the act, entitled "An act to establish an uniform ^drilM*rch13<?2
rule of naturalization, and to repeal the acts heretofore passed on that J8i6, repealed'
subjeel," which was passed on the fourteenth day of April, one thou-
sand eight hundred and two, and the first section of the act, entitled
/An act relative to eviJence in cases of naturalization," passed on
the twenty-second day of March, one thousand eight hundred and
sixteen, be, and the same are hereby, repealed.
Sect. 2. And be it further enacted. That any alien, being a free Any alien be-
white person, who was residing within the limits, and under the i„g a free wiiite
jurisdiction of the United States, between the fourteenth day of April, person, who re-
one thousand eight hundred and two, and the eighteenth day of June,
one thousand eight hundred and twelve, and who has continued to United states'e-
reside within the same, may be admitted to become a citizen of the jgo!"and"June
United States, without having made any previous declaration ofhis i8thi' i8i2,Uto
intention to become a citizen: Provided, That whenever any person, become a citizen,
without a certificate of such declaration of ntention, shall make ap- ™h®n*
, i i • , • • n , tt • i i ii i ever any person
plcation to be admitted a citizen ot the united States, it shah be without a certi-
proved to the satisfac ion of the court, that the applicant was residing ficate ®f s,Icfl
within the limits, and unJer the jurisdiction of the United States, be- **^ke'Terttia
fore the eighteenth day of June, one thousand eight hundred and proof.
twelve, and has contin led to reside within the same, or he shall not
be so admiife 1: and the residence of the applicant within the lim-
its, and under the jurisdiction of the United States, for at least five
years immediately preceding the time of such application, shall be
proved by the oath or affirmation of citizens of the United States;
which citizens shall be named in the record as witnesses: and such
continued residence within the limits and under the jurisdiction of
the United State®, when satisfactorily proved, and the place or places
where the applicant has resided for at least five years, as aforesaid,
shall be stated and set forth together with the names of such citizens,
in the record of the court admitting the applicant; otherwise the
same shall not entitle him to be considered and deemed a citizen of
the United States. 6
ACTS OF CONGRESS
ON THE AUTHENTICATION OF RECORDS,
1 7 9 0.
An Act to prescrihe the mode in which the public acts, records, and judicial proceedings,
in each state, shall be authenticated, so as to take effect in every other state. Approved
May 28, 1790
Section 1. Be it enacted. That the acts of the legislatures of the How legislative
several states shall be authenticated by having the seal of their rc- aets and the re-
spective states affixed thereto, (i) The records and judicial proceed- proceedinlpi
ings of the courts of any state, shall be proved or admitted in of court* of sis-
any other court within the United States, by the attestation of the ter states may be
clerk, and the seal of the court annexed, if there be a seal, together autheiltlcated-
with a certificate of the judge, chief justice, or presiding magistrate,
as the case may be, that the said attestation is in due form. And Effect of such
the said records and judicial proceedings, authenticated as aforesaid, records and judi-
shall have such faith and credit given to them in every court within
the United States, as they have by law or usage in the courts of the cate<^ u 1 n *
state from whence the said records are or shall be taken.
1 8 0 4.
An Act supplementary to the act, entitled an act to prescribe the mode in which the pub-
lie acts, records, and judicial proceedings, in each state, ahall be authenticated so as to
take effect in every other state.
Section 1. Be it enacted, That from and after the passage of this T. .
ii , 1 • n nr. , , / \ 1 • , how tecordb
act, all records and exemj Ii nations of office books («) which are or and exempiiica-
may be kept in any public o fice of any state, not appertaining to a tions of
court, shall be proved or admitted in any other court or office in any anykpusucPoffice
other state, by the attestation of the keeper of said records or books, of one of the sis-
and the seal of his office thereto annexed, if there be a seal, together *®rt asta,^\
with a certificate of the presiding justice of the court of the county to a^ourtTmJy
or district, as the case may be, in which such office is or may be kept; be authenticated
or of the Governor, the Secretary of State, the Chancellor, or the
Keeper of the great seal of the State, that the said attestation is in
due form, and by the proper officer; and the said certificate, if given
(i) This act does not restrict the states from permitting the acts of sister states to he read in their
courtsupon other authentications than that required by the acts of Congress.—Taylor v. Bank of Illinois, 7
Man. 584.
2. An exemplification of an act of the legislature of one of the states, under the great seal of snch state,
though notattested by the governor or any other principal officer of the state, is evidence United States
v. Johns, 4 Dall. 415. In a suhseq lent case, a law of the territory of Orleans printed in a pamphlet, to
which no seal was affixed, was held to be inadmissible evidence.—Craig v. Brown, 1 Pet. 252.
(n) The whole of the record contained in an office book that relates to the su'jert matter must he rerti-
lied. The extract from the book of the survevor general of Pennsylvania of instructions to deputy surveyors
w.is held not to bo evidence to shew that a district was made by a wrong surveyor.—Griffith's Lea ess v, Evqns
1 Pet, 188,
36
authentication#
by the presiding justice of a court, shall be farther authenticated by
the c!erk or prothonotury of the said court, who shall certify, under
his hand and the seal of his office, that the said presiding justice ia
duly commissioned and qualified; or if the said certificate be given
What effect ^e Governor, the Secrelary of State, the Chancellor, or Keeper
they ahaii nave, of the great seal, it shall be under the great seal of ihe State in which
the said certificate is made. And the said records'and exemphfica-
tions, authenticated as aforesaid, shall have such faith and credit
given to them in every court and office with:n the United States, as
they have by law or usage in the courts or offices of the State from
whence the same are or shall be taken.
This and the Section 2. All the provisions of this act, and the act to which this
former act to ex- is a supplement, shall apply as well to the public acts, records, office
toritsVnd coun" k°°ks, judicial proceedings, courts and offices of the respective Ter-
tries su' ject to ritories of the United States, and countries subject to the jurisdiction
the jurisdiction of the United States, as to the public acts, records, office books, judi-
of the u. states. cja] proceedings, courts and ofiSces of the several states.
ACTS OF CONGRESS
RELATIVE TO THE REMOVAL OF SUITS,
from the
STATE COURTS OF THE UNITED STATES.
CHAP. XX. An act to establish the judicial courts of the United States.
Sf.ctiox 12. If a suit be commenced in any state court against an
alien, or by a citizen of the state in which the suit is brought ag linst a Removal of
citizen of another state, and the matter in dispute exceeds the aforesaid of500 do*
sum or value of five hundred dollars, exclusive of costs, to be made to jarg.
appear to the satisfaction of the court, and the defendant shall, at. the
time of entering his appearance in such state court, file a petition
for the removal of the cause for trial into the next circuit court, to
be held in the court where the suit is pending, or if in the district of
Maine to the district court next to be holden therein, or if in Ken-
tucky district, to the district court next to be holden therein, and
offer good and sufficient surety for his entering in such court, on the
first day of its session, copies of said process against him, and also for
his there appearing, and entering special bail in the cause, if special
bail was originally requisite therein, it shall then be the duty of the
state court to accept the surety, and proceed no further in the cause;
and any bail that may have been originally taken, shall be discharg-
ed; and the said copies being entered as aforesaid, in such court of
the United States, the cause shall there proceed in the same manner
as if it had been brought there by original process. And any at-
tachment of the goods or estate of the defendant, by the original pro-
cess, shall hold the goods or estate so attached, to answer the final
judgment, in the same manner as by the laws of such state they would
have been holden to answer final judgment, had it been rendered by
the court in which the suit commenced. And if in any action com-
enced in a state court, the title of land be concerned, andtbe parties
are citizens of the same state, and the matter in dispute exceeds the
sum or value of five hundred dollars, exclusive of costs, the sum
or value being made to appear to the satisfaction of the court, either
party, before the trial, shall state to the court, and make affidavit, if
they require it, that he claims, and shalL rely upon a right or title to
the land, under grant from a state, other than that in w hich the suit
is pending, and produce the original grant, or an exemplification of
it, except where the loss of public records shall put it out of his
power, and shall move that the adverse party inform the court whe-
ther he claims a right or title to the land under a grant from the state
in which the suit is pending; the said adverse party shall give such
information or otherwise not be allowed to plead such grant, or give
it in evidence upon the trial; and if he informs that he does claim
under such grant, the party claiming under the grant first mention-
CESSION ACT.
ed, may then, on motion, remove the cause for trial to the next circuit
court, to be holdcn in such district, or if in the di trict of Maine, to
the court next to be holden therein; or if in Kentucky dist ict, to the
district court next to be holden therein; but if he is the defendant,
he shall do it under the same regulations as the bef »re mentioned case
of the removal of a cause into such eou t by an alien; and neither
party removing the cause,-shall be allowed to plead or give evidence
of any other title than that by him stated as aforesaid, as 1he ground
of his claim. And the trial of issues in fact, in the circuit courts,
shall in all suits, except those of equity, and of admiralty and mari-
time jurisdiction, be by jury.
ACT OF CONGRESS
ACCEPTING CERTAIN LANDS FROM THE STAE OF
NORTH CAROLINA.
An Act to accept a cession of the claims of the State of North Carolina to a certain district
of Western Territory.
A deed of cession having been executed, and in the senate offered Recital of the
for acceptance to the United States, of the claims of the state of b^the^emitovi
North Carolina, to a district of territory therein described j which deed of North Caro-
is in the words following, viz. ,iDa>t0 tIie Uni;
° ted States; and
TO ALL WHO SHALL SEE THESE PRESENTS.
We, the underwritten Samuel Johnston, and Benjamin Hawkins,
Senators in the Congress of the United States of America, duly and
constitutionally chosen by the Legislature of North Carolina, send
greeting.
Whereas the General Assembly of the State of North Carolina, on
the day of December, in the year of our Lord one thousand s
seven hundred and eighty-n'ne, passed an act, entitled 'an act for
the purpose of ceding to the United States of America, certain
western lands therein described," in the words following, to wit: of the act of the
Whereas the United States in Congress assembled, have repeat- [^t^state by
edly and earnestly recommended to the respective states in the which tie' exe-
Union, claiming or owning vacant western territory, to make ces- cution of the
sions of part of the same, as a further means, as well of hastening thor^ed^ " &U~
the extinguishment of the debts, as of establishing the harmony of
the United States; and the inhabitants of the said Western terri-
tory being also desirous that such cession should be made, in order
to obtain a more ample protection than they have heretofore re-
ceived: Now this state, being ever desirous of doing ample justice
to the public creditors, as well as the establishing the harmony of
the United States, and complying with the reasonable desires of
her citizens:
1. Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by authority of the same, That
the senators of this state, in the congress of the United States, or
one of the senators and any two of the representatives of this state and ^"dluons
in the congress of the United States, are hereby authorised, empow- of the cession,
ered and required to execute a deed or deeds on the part and behalf of
this state, ccnveying to the United States of America, all right, title
and claim which this state has to the sovereignty and territory of the
lands situated within the chartered limits of this state, west of a line
beginning on the extreme he'ght of the Stone mountain, at the place
where the Virginia line intersects it; running thence along the ex-
treme height of the said mountain, to the place where Wataugo river
CESSION ACT.
breaks through it; thence a direct course to the top of the Yellow
mountain, where Bright's road crosses the s imo; thence along the
ridge of said mountain, between the waters if Die river and the
waters of Rock creek to the place whore the road crosses the I: in
mountain; from thence along the extreme height of said mountain,
to where N dichucky river runs through the s tme; thence to the top
of the Bald mountain; thence along the extreme height of the said
mountain, to the Painted rock, on French Broad river; thence along
the highest ridge of the said mountain, to the place where it is
called the Great Iron or Smoky mountain; thence along the ex-
t -emp height of the said mountain, to the place where it is called
Unicoy or Unaka mountain, between the Indian towns of Cowee
and Old Ch„>ta; thence along the main ridge of the said mountain,
to the southern boundary of this state, upon the following express c< n-
ditions, and subject thereto, that is to say:
Fint. That neither the lands ncr inhabitants westward of the
said mountain shall be estimated after the cession made by virtue of
this act sh ill be accepted, in the ascertaining the proportii n <.f
this with the United States, in the common expense occasioned by
the late war.
Secondly. That the lands laid off, or directed to be laid off by
any act or acts of the General Assembly of this state, foj the offi-
cers and soldiers thereof, their heirs and assigns respectively, shall
be and enure to the use and benefit of the said officers, their heirs,
and assigns respectively; and if the bounds of the said lands already
prescribe^ for the officers and soldiers of the continental line of this
state, shall not contain a sufficient quantity of lands fit for culti-
vation, to make good the several provisions intended by law, that
such officer or soldier, or his assignee, who shall fall short of his
allotment or proportion, after all the lands fit for cultivat.it n within
the aid hounds are appropriated, be permitted to take his quota, or
such part thereof as may be deficient, in any other part of the said
territory intended to be ceded by virtue of this act, not already ap-
propriated. And where entries have been mide agreeable to law,
and titles for them not permitted by grant or otherwise, then and in
that case, the governor for the time being, shall, and he is hereby re-
quired to perfect., from time to time, such titles, in such manner as if
this act had never been passed. And that all entries made by, or
grants made to all and every person or persons whatsoever, agree-
able to law, and within the limits hereby intenled to be ceded to the
United- States, shall have the same force and effect as if such ces-
sion had not been made; and that all and every right of occupancy
and pre-emption, and every other right reserved by any act or acts
to persons settled on, and occupying lands wilhin ihe limits of the
land hereby intended to be ceded as aforesaid, shall continue to be
in full force in the same manner as if the cessi on had not been made,
and as conditions upon which the said lands are ceded to the United
States. And further, it shall be understood, that if any person or
persons shall have, by virtue of the act, entitled, "an act for opening
the land-office for the redemption of specie and other certificates,
and discharging the arrears due to the army," passed in the year one
thousand seven hundred and eighty-three, made his or their entry
in the office usually called John Armstrong's office, and located the
same to any spot or piece of ground, on which any other person or
ACTS OF CONGRESS#
persons shall have previously located any entry or entries, that then,
and in that case, the person or persons having made such entry
or entries, or their assignee or assignees shall have leave, and be
at full liberty to remove the location of such entry or entries, to any
lands on which no entry has been specially located, or on any va-
cant lands included within the limits of the lands hereby intended to
be ceded: Provided, That nothing herein contained shall extend or
be construed to extend to the making good any entry or entries, or
any grant or grants heretofore declared void, by any act or acts of
the General Assembly of this state.
Thirdly. That all the lands intended to be ceded by virtue of
this act, to the United States of America, and not aporopriated as
before mentioned, shall be considered as a common fund for the use
and benefit of the United States of America, North Carolina inclu-
sive, according to their respective and usual proportion in the gene-
ral charge and expenditure, and shall be faithfully disposed of for
that purpose, and for no other use or purpose whatever.
Fourthly. That the territory so ceded, shall be laid out and form-
ed into a state or states, containing a suitable extent of territory, the
inhabitants of which shall enjoy all the privileges, benefits and ad-
vantages set forth in the ordinance of the date congress for the
government of the western territory of the United States; that is
to say, whenever the congress of the United States shall cause
to be officially transmitted to the executive authority of this state,
an authenticated copy of the act to be passed by the congress of the
United States, accepting the cession of territory made by virtue of
this act, under the express conditions hereby specified, the said con-
gress shall at the same time assume the government of the said
ceded territory, which they shall execute in a manner similar to
that which they support in the territory west of the Ohio, shall pro-
tect the inhabitants against enemies, and shall never bar or de-
prive them or any of them, of privileges which the people in the ter-
ritory west of the Ohio enjoy. Provided always, That no regula-
tions made or to be made by congress, shall tend to emancipate
slaves.
Fifthly. That the inhabitants of the said ceded territory shall
be liable to pay such sums of money as may, from taking their cen-
sus, be their just proportion of the debt of the United States, and the
arrears of the requisitions of congress on this state.
Sixthly. That all persons indebted to this state, residing in the
territory intended to be ceded by virtue of this act, shall be held and
deemed liable to pay such debt or debts, in the same manner, and
under the same penalty or penalties, as if this act had never been
passed.
Seventhly. That if the congress of the United States, do not ac-
cept the cession hereby intended to be made in due form, and give
official notice thereof to the executive of this state, within eighteen
months from the passing of this act, then this act shall be of no
force or effect whatsoever.
Eighthly. That the laws in force and use in the state of North
Carolina at the time of passing this act, shall be and continue in full
force within the territory hereby ceded, until the same shall be re-
pealed, or otherwise altered by the legislative authority of the said
territory. 7
acts of congress#
Ninthly. That Ihe lands of non-resident proprietors, wi hin the
said ueded territory, shall not be taxed higher than ihe lands of resi-
denis.
Tenthly. That this act shall not prevent the people now re-
siding south of French Broad, between ihe rivers Tennessee and Big
Pigeon, from entering their pre-emptions in that tract, should an of-
fice be opened for that purpose under an act of the present General
Assembly.
2. And be it further enacted by the authority aforesaid, That
the sovereignty and jurisdiction of this state, in and <ner the terri-
tory: aforesaid, and all and every the inhabitants thereof, shall be and
remain the same in all respects, until the congress of the United
States shall accept the cession to be made by virtue of this act, as if
this act had never passed.
Bead three times, and ratified in General Assembly, the
day of December, A. D. 1789.
CHAS. JOHNSON, Sp. Sen.
S. CABARRUS, Sp. H. C."
NOW THEREFORE KNOW YE, That we Samuel Johnston
and Benjamin Hawkins, senators aforesaid, by virtue of the power
and authority committed to us by the said act, and in the name, and
for and on behalf of the said state, do, by these presents convey, assign,
transfer, and set over unto the United States of America, for ihe
benefit of the said states, North Carolina inclusive, all right, title,
and claim which the .said stale hath to the sovereignty and territory
of the lands situated within the chartered limits of the said stale,
as bounded and described in the above recited act of the General
Assembly, to and for the uses and purposes, and on the conditions
mentioned in the said act.
In witness whereof, we have hereunto subscribed our nnmes,
and affixed our seals in the senate-chamber, at New York,
this twenty-fifth day of February, in the year of our Lord,
one thousand seven hundred and ninety, and in the fourteenth
• year of the Independence of the United States of America.
SAM. JOHNSTON, [l. s.l
BENJAMIN HAWKINS. [l. s.J
Signed, sealed and delivered)
in the presence of jj
Sam. A. Otis.
Be it enacted, by the Senate and House of Representatives of the
United States of America, in Congress assembled, That the said deed
be, and the same is hereby accepted.
FREDERICK AUGUSTUS MUHLENBERG,
Spealer of the House of Representatives.
JOHN ADAMS, Vice-President of the United
States, and President of the Senate.
Approved, April the 2d, 1790.
GEORGE WASHINGTON,
President of the United States.
Note —From the date of the above till 1796, Tennessee continued under a territorial govern-
mem, but in the month of February of that year, she adopted a Constitution, and was in June of
the same year received as a State by the following Act ol Congress,
ACT OF CONGRESS,
RECEIVING THE STATE OF TENNESSEE INTO THE UNION
An Act for the admission of the State of Tennessee into the Union.
Whereas by the acceptance of the deed of cession of the state» of
North-Carolina, Congress are bound to lay out into one or more
states, the territory thereby ceded to the United States:
Be it enacted by the Senate and House of Representatives of the
United States of America, in Congress assembled, That the whole of
the territory ceded to the United States by the state of North Caro-
lina, shall Le one state, and the same is hereby declared to be one
of the United States of America, on an equal footing with the ori-
ginal states, in all respects whatever by the name and title of the
state of Tennessee. That until the next genei'al census, the said
state of Tennessee shall be entitled to one Representative in the
House of Representatives of the United States; and in all other
respects, as far as they may be applicable, the laws of the United
States shall extend to, and have force in the state of Tennessee, in
the same manner, as if that state had originally been one of the
United States.
JONATHAN DAYTON,
Speaker of the House of Representatives.
SAMUEL LIVERMORE, President
of the Senate, pro tempore.
Approved, June the 1st, 1796:
GEORGE WASHINGTON,
President of the United States.
Note. Tennessee continued under the Constitution of 1796 until 1834, when the following
new or amended Constitution was adopted by the Convention, and duiy ratified by the people,
in the manner therein prescribed.
CONSTITUTION
OF THE
STATE OF TENNESSEE.
Whereas, the People of the territory of the United States, south of
the river Ohio, having the right of admission into the General
Government as a Member State thereof, consistent with the Consti- Preamble
tution of the United States, and the act of cession of the State of
North Carolina, recognizing the ordinance for the government of
the territory of the United States north-west of the river Ohio, by
their delegates and representatives in Convention assembled, did,
on the sixth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-six, Ordain and establish a Consti-
tution or form of government, and mutually agreed with each other
to form themselves into a- free and independent State, by the
name of "The State of Tennesseeand whereas, the General
Assembly of said State of Tennessee, (pursuant to the third section
of the tenth article of the Constitution) by an act passed on the
twenty-seventh day of November, in the year of our Lord one
thousand eight hundred and thirty-three, entitled "An act to
provide for the calling of a Convention," did authorise and pro-
vide for the election, by the people, of Delegates, and Representa-
tives, to meet at Nashville, in Davidson county, on the third Mon-
day in May, in the year of our Lord one thousand eight hundred
and thirty four, "for the purpose of revising and amending (or
changing) the Constitution
We, therefore, the Delegates and Representatives of the People of
the State of Tennessee, elected and in Convention assembled, in
pursuance of the said Act of Assembly, have ordained and esta-
blished the following amended Constitution and form of Govern-
ment for this State, which we recommend to the people of Tennes-
see for their ratification; that is to say:
ARTICLE I.
declara.tion of rights.
Section 1. That all power is inherent in the people, and all inherent in°7he
free governments are founded on their authority, and instituted for people
their peace, safety and happiness; for the advancement of those Govemmen t
ends, they have, at all times, an unalienable and indefeasible right, under their con-
to alter, reform or abolish the government in such manner as they tro1*
may think proper. The doctrine
Sec. 2. That government being instituted for the common benefit, of non-resistance
the doctrine of non-resistance against arbitrary power and oppression, ar'd sla°
is absurd, slavish, and destructive of the good and happiness of mankind* VLi*"
46
CONSTITUTION OF TENNESSEE.
Sec), p. That all men have a natural and indefeasible right
night of ail worghip Almighty God according to the dictates of their own con-
astLy pieale. P science; that no man of right can be compelled to attend, erect or sup-
port any place of worship, or to maintain any Minister against his
consent; that no human authority can, in any case whatever, con-
trol or interfere with the rights of conscience; and that no preference
shall ever be given, by law, to any religious establishment or mode
of worship.
No religious Sec. 4. That no religious test shall ever bi required as a qua-
Elections shall location to any office or public trust under this btate.
be free. Sec. 5. That Elections shall be free and equal.
Jury Trial. gEC g That the right of trial by jury shall remain inviolate.
People to be $ec. 7. That the people shall be secure in their persons,
secure from houses, papers and possessions, from unreasonable searches and seiz-
secures. and ures' an<* t*xat general warrants, whereby an officer may be com-
manded to search suspected places, without evidence of the fact
committed, or to seize any person or persons not named, whose offen-
ces are not particularly described and supported by evidence, are
dangerous to liberty and ought not to be granted.
No freeman's Sec. 8. That no freeman shall be taken or imprisoned, or dis-
turbed t0bu^ dby seized °f his freehold, liberties or privileges, or outlawed, or
law. exiled, or in any manner destroyed, or deprived of his life, liberty,
or property, but by the judgment of his peers, or the law of the
land.(a)
Rights of the ®EC* That in all criminal prosecutions, the accused? hath
accused incrimi- a right to be heard by himself and his counsel; to demand the nature
naiprosecutions. and cause of the accusation against him, and to have a copy thereof;
to meet the witnesses face to face; to have compulsory process for
obtaining witnesses in his favor; and in prosecutions by indictment or
presentment, a speedy public trial, by an impartial jury of the county
or district in which the-adme-shalL have been commited; and shall
not be compelled to give evidence against himself.
(a) The clause, "law of the land" in our Constitution, means a general and public law,
equally binding upon every member of the community. Fansant vs. Waddel. 2. Yerg. R.
560. Walleyes Heirs vs. Kennedy,2 Yerg. R. 554.
2 The act of 1827, ch. 39, authorising the court to dismiss reservation cases, where they
are prosecuted for the use of another, is a partial law, intended to operate upon a few indivi-
duals, and is unconstitutional and void. Walleyes Heirs vs. Kennedy, 2 Yerg. R. 554.
3 The act of 1829, ch. 95, creating a special court for the determination of suits commenced
by the Bank of the State, against her officers, and the defaulters to the institution, is unconsti-
tutional and void. Bank oj the State vs. Chas. Cooper and others, 2 Yerg. R. 599.
4 The act of 1829, ch. 95. is retrospective in its provisions, violates the rights of trial by
jury, is partial in its operation, and is not a "law of the land," within the meaning of the Con-
siitution. Ib.
5 The act of 1777 ch. 23. sec. 2. providing for the condemnation of land for building mills
upon, is not unconstitutional. The owner of the fee takes the land subject to the right of
eminent domain in the state for public purposes, and the Legislature can designate the pub-
lie purposes to which it is to be applied. Hardin vs. Goodlett, 3. yerg. R. 41.
6 The Act of Assembly of 1829, ch. 46. (private acts) authorising the executors of Wil-
liam Tate to revive a j udgment obtained by George Bell in his lifetime against Montgomery Bell,
in the same manner as if they were the executors of the said George Bell, is unconstitutional.—
Tate's executors vs. Bell, 4 Yerg. R. 202.
7 Any Act ol the Legislature which is retrospective in its operation, that takes away from
some, vested rights, and gives them to others; that changes the nature of obligations, and dis-
penses with liabilities that all others would lie under in a similar situation; or that is partial in
its operation, giving an individual privileges that are not extended to others, contrary to the
general law, is not a "law of the laud," within the meaning of the Constitution. Officer vt.
Young, 5 Yerg. R. 320.
CONSTITUTION OF TENNESSEE.
47
Sec. 10. That no person shall, for the same offence, he twice Not t0 be Put
put .U;eopa,dy of life «t link .
Sue, 11. That law* made for the punishment of facts com- ho ex post
milted previous to the existence of such laws, and by them only de- facto law-
chired enmii al, are conirary to the principles of a tree government;
Wnerefore n > ex post facto law shall be made. ofN° blood Ptfor
Sec. 12. That no conviction shall work corruption of blood crjmes. No for-
or forfeituie ol estate. The estate of such persons as shall destroy f at ure of estates,
their ow.i _ivos, shall descend or vest as in case of natural death. If
any pers): be killed by casualty, there shall be no forfeiture in conse-
quence t-*e *e >1. Prisoners not
Sec. 13. That no person arrested or confined in jail, shall be to be treated with
treated wit!i unnecessary rigor. 'fees only to
Sec. 14. That no Lee man shall be put to answer any cri- be punished by
minal charge lut by presentment, indictment, or impeachment. presentment,&c.
Sec. 15. Tuat all prisoners shall be bailable by sufficient offence"
sureties, unless for capilal offences, when the proof is evident, or the Privilege of
presumptk n gre it. And the privilege of the writ of habeas corpus Habeas Corpus,
shall not be t-uspended, unless when in case of rebellion, or invasion,
the public salety may require it.
Sec. 10. Th t excessive bail shall not be required, nor ek- &
cessive fines imposed, nor cruel and unusual punishments inflicted. co'urtsTo be
Sec. 17. That all courts shall be open; and every man, for an open, & redress
injury done him in his lands, goods, person or reputation, shall have for lniuries-
remedy I y due course of law, and right and justice administered
without sale, denial or delay. Suits may be brought against the tlie a§ainst
State, in such manner and in such courts, as the Legislature may by
law dire -t.(&)
Sec. l8. That the person of a debtor, where there is not
strongpresumption of liaud, shall not be continued in prison, after deli- de^^gS10h for
vering up hisestate for the benefit of his creditor or creditors, in such
mannei as shall be prescribed by law.
Sec. lib That the printing presses shall be free to every per- t0be free. ***
son who undertakes to examine the proceedings of the Legislature, or
of any branch or Officer of Government; and no law shall ever
be mide to restrain the right thereof. The free communication of se^ed°f speech
thoughts and opinions, is one of the invaluable rights of man, and every
citize i may freely speak, write and print on any subject, being _
responsible for the. abuse of that liberty. But in prosecutions for mayU be° proved
the publication of papers investigating the official conduct of officers in prosecutions,
or men in public capacity, the truth thereof may be given in evi-
dcnce; and in ail indictments for libels, the jury shall have a right Jury's duty in
to determine the law and the facts, under the direction of the Court,llbels*
as in other crimin il cases.
Sec. 20. Thai no retrospective law, or law impairing the obli-tiv^j°^etrospec"
gati.in of contracts shall be i^ide.(c)
(6) The words in the Constitution, "all courts shall be open," &c. relate to every possible
injury a man may sustain, and include the right to demand the execution of a contract. To
witl hold periormance, is an injury to him in his goods and chattels, for he shall have "right
and justice without sale, dt niul, or delay." Townsend vs. Townsend and others, Peck. R 1.
'Iheactof 1831, ch. 101, directing the Chancellors to dismiss all bills tiled by slaves, by
viriue ol the act ot 1820, ch 29, and directing the clerks to send the record to the county
court to be tried is unconstitutional. Fisher's negroes7vs. Dabbs and others, 6. Yerg . R.119.
48
CONSTITUTION OF TENNESSEE.
How a man's gEC> 21. That no man's particular services shall be, demand-
perty^may ^be e£*> 0r property taken or applied to public use, without the consent of
taken. his representatives, or without just compensation being* made there
for.(d)
Perpetuities & Sec. 22. Tint perpetuities and monopolies are contrary to the
monopolies. genius of a free State, and shall not be allowed.
People may Sec. 23. That the citizens have a right, in a peaceable man-
structbleand in ner' t0 assemble together for their common good, to instruct their
representatives, and to apply to those invested with the powers of
government for redress of grievances, or other proper purposes by
address or remonstrance.
Militia. Sec. 24. That the sure and certain defence of a free peo-
pie, is a well regulated militia: and, as standing armies in time of
Military subor- peace are dangerous to freedom, they ought to be avoided, as far as the
authority* Cml circumstances and safety of the community will admit; and that in
all cases the military shall be kept in strict subordination to the civil
Punishment auA°rity. _
under martial Sec 25. That no citizen of this State, except such as are em-
,aw- ployed in the army of the United States, or militia in actual ser-
vice, shall be subjected to corporeal punishment under the martial
law.
Right to bear ®eu. 26. That the free white men of this State have a right
arms. to keep and to bear arms for their common defence.
(c> The Constitution does not allow the property of an individual to betaken away or affected
by a retrospective law. Owen and, others vs. B-aiNs lessee,5 Huyw, R. 106.
2 If the right to have execution was antecedent, suspension is an unconstitutional penalty:
if newly created, the condition is unconstitutional, and the right vested absolute. ' Townsend vs.
Townsend and others, Peck's R. I.
3 The law at the time defines the extent of the obligation; if the law in being at the time
.a contract is made, gives an equivalent in money, and a subsequent law provides that the equi-
valent shall not be in money, such law would impair the obligation of the contract. The rognla-
tions of contracts by law must be before, nd nol after such contracts are made. The mime of
redress may be altered, but as regards antecedent contiacts, must not be rendered less efficacious
than was the law when the contract was made. Ib.
4 So far as relates to the construction of laws, a retrospective operation shall not be given
to them, unless the manifest meaning of the law he, that it should have such operation; but
where such meaning is plain, the will of the legislature should be conformed to in fixing the
construction. Bell vs. Perkins, Peck's R. 261. Bristoe vs. Evans, &c.2 Ten. R. 341
5 The Legislature may without a violation of the Constitution, create a ne *• or additional
remedy for an existing right. Hope vs. Johnson and others, 2. Yerg. R. 123. Vanyant vs. II ad-
dell. 2 Yerg. 260.
6 The various acts of the Legislature directing the school lands to be sold, and the proceeds
to be appropriated to the purposes of education generally throughout the State, are a violation of
the compact with Congress, impair the obligation of the contract, and are unconstitutional.—
Lowry and others vs. Miller Francis, 2 Yerg. R. 534.
7 When a suit has been commenced, and the plaintiff dies, an ,Act of Assembly that autho-
rises another person to prosecute that suit, without taking out letters of administration, is un-
constitutional. Officer vs. Young, 5 Yerg. R. 320.
8 The act of 1829, ch. 29, authorising a bill to be filed by slaves by their next friend, to eman-
cipate them in certain cases, applies to cases which arose betore its pass ge, an I as to such cases
is not a retrospective law within the meaning of the Constitution. Fishers negroes vs.DMt
and others, 6 Yerg. R. 119.
(rf) The Acts of Assembly allowing and giving the defendant the v ilue of the imprnvot icnts
made upon land, in an acti in of ejectment, or by suit for the same, are unconstitutional and
void. Nelson vs. Mian and Harris, I Yerg. R. 360.
2 It is only for public uses, that the state is authorised to exercise the light of eminent
domain; and therefore the State has no right to take one man's propcity and give It to another
fir the erection of a saw Tnill and paper mill, these being wholly tor the use ot a private indivi-
dual. Hardin vs. Qoodlett, &c., 3 Yerg. R. 41.
CONSTITUTION OF TENNESSEE.
49
Sec. 27. That no soldier shall, in time of peace, be quartered . Quartering
in any house without the consent of the owner; nor in time of war, sold!ers"
but in a manner prescribed by lawT. „
Sec. 28. That no citizen of this State shall be compelled to iedtoDbearTnn«!
bear arms, provided he will pay an equivalent, to be ascertained
by law.
Sec. 29. That an eqaal participation of the free navigation of Navigation of
the Mississippi, is one of the inherent rights of the citizens of this Mississippi.
State*, it cannot, therefore, be conceded to any prince, potentate,
power, person or persons whatever. No hereditary
Sec. 30. That no hereditary emoluments, privileges, or hon- gr°™ted&C"t0 b<3
ors, shall ever be granted or conferred in this State.
Sec. 31. That the limits and boundaries of this State be ascer-
tained, it is declared they are as hereafter mentioned, that is to say:
Beginning on the extreme height of the Stone mountain, at the place Te„° ggSdegries of
where the line of Virginia intersects it, in latitude thirty-six degrees
and thirty minutes north; running thence along the extreme height
of the said mountain, to the place where Watauga river breaks
through it; thence, a direct course to the top of the Yellow moun-
tain, where Bright's road crosses the same; thence, along the ridge
of said mountain, between the waters of Doe river and the waters of
Rock creek, to the place where the road crosses the Iron mountain j
from thence, along the extreme height of said mountain, to the place
where Nolichucky river -runs through the same; thence, to the top
of the Bald mountain; thence, along the extreme height of said moun-
tain, to the Painted Rock, on French Broad river; thence, along the
highest ridge of said mountain to the place where it is called the Great
Iron or Smoky mountain; thence, along the extreme height of said
mountain, to the place where it is called Unicoi or Unaka mountain,
between the Indian towns of Cowee and Old Chota; thence, along
the main ridge of the said mountain to the southern boundary of this
State, as described in the act of cession of North Carolina to the
United States of America; and that all the territory, lands and waters,
lying west of the said line, as before mentioned, and contained
within the chartered limits of the State of North Carolina, are within
the boundaries and limits of this state, over which the people have
the right of exercising sovereignty and the right of soil, so far
as is consistent with the constitution of the United States, recog-
nizing the articles of confederation, the bill of rights, and con-
stitution of North Carolina, the cession act of the said State, and the
ordinance of Congfess for the government of the territory northwest
of the Ohio: Provided, nothing herein contained shall extend to affect
the claim or claims of individuals, to any part of the soil which is
recognised to them by the aforesaid cession act: And provided also,
that the limits and jurisdiction of this State, shall extend to any other
land and territory now acquired, or that may hereafter be acquired
by compact or agreement with other States, or otherwise, although
such land and territory are not included within the boundaries herein
before designated. Certain Rights
Sec. 32. The people residing south of French Broad and Frenc^Broad
Holston, between the rivers Tennessee and Big Pigeon, are entitled andHoiston™*
to the right of pre-emption and occupancy in that tract,
8
50
CONSTITUTION OF TENNESSEE.
ARTICLE II.
power«.vW °f Sec. 1. The powers of the Government shall be divided info
Powers of differ- three distinct departments; the Legislative, Executive nnd Judicial
ent departments Sec. 2. No person or persons belonging- to one of these de-
to vest in differ- partments, shall exercise any of the powers properly beb nging tj
cnt persons. either of the others, except in the cases herein directed or permitted.
Sec. 3. The Legislative authority of this Slate shall be vested
authority!*1*111™ *a 3 General Assembly, which shall consist of a Senate and House
of Representatives, both dependent on the people. (e)
Enumeration. Sec. 4. An enumeration of the qualified voters, and an appor-
tionment of the Representatives in the General Assembly, shall be
made in the year one thousand eight hundred and forty one, and
wi-hin every subsequent term of ten years.
Sec. 5. The number of Representatives shall, at the several
Number of periods of making the enumeration, be apportioned among the seve-
Representatives. raj coun^es or districts according to the number of qualified voters
in each, and shall not exceed seventy-five, until the population of
the State shall be one million and a half; knd shall never thereafter
exceed ninety-nine; provided, that any county having two-thirds of
the ratio, shall be entitled to one member.
Senators. Sec. 0. The number of Senators shall, at the several periods
of making the enumeration, be apportioned among the several coun-
in apportion- **es or districts, according to the number of qualified electors in each,
ment ofSenators and shall not exceed one-third the number of Representatives. In
eounted8 t0 b8 aPP°rti°nino Senators among the different counties, the fraction
that may be lost by any county or counties, in the apportionment of
_ , members to the House of Representatives shall be made up to such
Countiea of a , . 0 r A . . • i i
district to adjoin, county or counties in the Senate, as near as may be practicable.—
not to be divided. When a district is composed of two or more counties, they shall be
adjoining; and no county shall be divided in forming a district.
Sec. 7. The first election for Senators and Representatives
Time of eiec- shall be held on the first Thursday in August, one thousand eight
Hons. hundred and thirty-five; and forever thereafter, elections for mem-
bers of the General Assembly shall be held once in two years, on the
first Thursday in August; and said elections shall terminate the
same day.
when General *"'st Session of the General Assembly shall com-
Assembly to mence on the first Monday in October, one thousand eight hundred
meet. and thirty-five; and forever thereafter, the General Assembly shall
meet on "the first Monday of October next ensuing the election.
Sec. 9. No person shall be a Representative, unless he shall
Qualifications of be a citizen of the United States, of the age of twenty-one years,
Representatives, and shall have been a citizen of this State for three years, and a resi-
dent in the count} he represents one year immediately preceding
the election.
(e) The State Legislature has no right to pass a law, -violating the Constitution of the U. S.-
Kincaid vs. Thomas' Admr., Cooke's R. 49.
2 The Legislature have no right to pass a law violating the Constitution of the State.—Wil-
Hams vs. Rvgisler of West Tennessee. Cook's R. 49. Brister vs. Evans, 2 Tenn. R. 341.
3 The Legislature of Tennessee, like the legislature of all other sovereign stntts, can do all
things not prohibited by the constitutien of this State, or of the United States, an d among of er
things may establish a banking corpora ion. Montgomery Bell vs. the Bank of Xashvi 'It, Peck'a
R. 209.
CCMSTULTION OF TENNESSEE.
51
Sec. 10. No person shall be a Senator, unless he shall ft Of Senator
citizen of the United Slatos, of the ago of thirty years, and shall
have resided three years in this State, and one year in the county or
district, immediately preceding the election. No Senator or Repre-
senlative shall, during the time fur which ho is elected, be eligible to ineligible t0
any office or place of trust, the appointment to which is vested in the office.
Executive or the General Assembly, except to the office of Trustee
of a literary institution. *
Sec. 11. The Senate and Ilou^e of Representatives, when rower, of each
assembled, shall each choose a Speaker and its other officers, be house,
judges of the qualitieaticns and election of its members, and sit
upon its own adjournments fiom day to day. Two-thirds of each
House shall constitute a quorum to do business; but a smaller num-
ber may adjourn from day to day, and may be authorised by law to
compel the attendance of absent members.
Sec. 12. Each House may determine the rules of its proceed-
ings, punish its members for disorderly behaviour; and, with the con-
currence of two-thirds, expel a member, but not a second time for
the same offence; and shall have all other powers necessary for a
branch of the Legislature of a free State. Member* pri-
Sec. 13. Senators and Representatives shall in all cases, ex-viieged from ar-
cept treason, felony, or breach of the peace, he privileged from arrest r0Bt*
during the session of the General Assembly, and in going to and
returning from the same; and for any speech or debate in either
House, they shall not be questioned in any other place.
Sec. 14. Each House may punish by imprisonment during its Power to
session, any person not a member, who shall he guilty of disrespect puii5s1> otl»er*.
to the House, by any disorderly or contemptuous behaviour in its
presence.
Sec. 15. When vacancies happen in either House, the Gover- Vaeancies.how
nor for the time being, shall issue writs of election to fill such filled-
vacancies.
Sec. 16. Neither House shall, during its session, adjourn Adjournment,
without the consent of the other, for more than three days, nor to any
other plaee than that in which the two Houses shall be sitting.
Sec. 17. Bills may originate in either House, but may be Rule*,
amended, altered or rejected by the other.
Sec. 18. Every bill shall be read once, on three different
days, and be passed each time in the House where it originated, be-
fore transmission to the other. No bill shall become a law, until it
shall be read and passed on three different days in each House, and
be signed by the respective Speakers.
Sec. 10. After a bill has been rejected, no bill containing the
same substance, shall be passed into a law during the same session.
Sec. 20. The style of the laws of this State shall be, "Re it style of Law*.
enacted by the General Assembly of the State of Tennessee"
Sec. 21. Each House shall keep a journal of its proceedings,
and publish it, except such parts as the welfare of the State may re- Rules,
quire to be kept secret; the ayes and noes shall be taken in each
House upon the final passage of every bill of a general character, and
bills making appropriations of public moneys; and the ayes and noes
ot the members on any question shall, at the request of any two of
them, be entered on the journal.
&2
CONSTITUTION OF TENNESSEE.
ghxr. 22. The doors of each House and of Committees of the
fVhole, shall be kept open, unless when the business shall be such as
ought to be kept secret.
Compensation of ®ISC' sum ^our dollars per day, and four dollars for
members. every 25 miles travelling to and from the seat of Government, shall bo
allowed to the members of the first General Assembly, as a compcn-
sation for their services. The compensation of the members of the
succeeding Legislatures shall he ascertained by law; but no law in-
creasing the compensation cf the members, shall take effect until the
commencement of the next regular sesison after such law shall have
been enacted.
Sec. 24. No money shall be drawn from the treasury, but in
Public money, consequence of appropriations made by law; and an accurate state-
ment of the receipts and expenditures of the public money, shall be
Receipts and attached to and published with the laws at the rise of each stated ses-
expenditure. gion of the General Assembly.
Sec. 25. No person who heretofore hath been, or may here-
^ibie^osea^as a^ter ^e' a c°Oector or holder of public moneys, shall have a seat in
members. either House of the General Assembly, until such person shall have
accounted for and paid into the treasury all sums for which he may be
accountable or liable.
Sec. 26. No Judge of any court of law or equity, Secretary
Certain officers State, Attorney General, Register, Clerk of any court of record,
ineligible. or person holding any office under the authority of the United States,
shall have a seat in the General Assembly; nor shall any person in
No one to hold this State hold more than ofre lucrative office at the same time: Pro-
two lucrative titled, that no appointment in the militia, or to the office of Justice of
offices* the Peace, shall be considered a lucrative office, or operate as a dis-
qualification to a seat in either House of the General Assembly.
Sec. 27. Any member of either House of the General Assem-
Right of protest, bly shaii have liberty to dissent from, and protest against, any act or
resolve which he may think injurious to the public or to any indivi-
dual, and to have the reasons for his dissent entered on the journals.
Sec. 28. All lands liable to taxation, held by deed, granf, or
Property, privi- entry, town lots, bank stock, slaves between the ages of twelve and
leges, and occu- fifty years, and such other property as the Legislature may from
taxation. * *t0 ^me to time deem expedient, shall be taxable, All property shall
be taxed according to its value; that value to be ascertained in such
manner as the Legislature shall direct, so that the same shall be
equal and uniform throughout the State. No one species of property
from which a tax may be collected, shall be taxed higher than any
other speciesfc^f property of equal value. But the Legislature shall
have power to tax merchants, pedlars, and privileges, in such man-
ner as they may, from time to time, direct. A tax on white polls
shall be laid in such manner and of such an amount as may be pre-
Legislature scribed by law.
may authorise Sec. 29. The General Assembly shall have power to autho-
towns to im /Ise 1 *se severa^ Counties and Incorporated Towns in this State, to
taxes? ° mpose impose taxes for county and corporation purposes respectively, in
such manner as shall be prescribed by law; and all property shall
be taxed according to its value, upon the principles established in
regard to State taxation.
Artie s ®EC< 30. No article manufactured of the produce of this State,
exempted/1 ° ** shall he taxed otherwise than to pay inspection fees.
constitution of tennessee.
53
Sec. 31. The General Assembly shall have no power to pass
laws for the emancipation of slaves, without the consent of their owner ®™a"cipation
or owners,
ARTICLE III.
Section 1. The Supreme Executive power of this State, shall Governor,
be vested in a Governor.
Sec. 2. The Governor shall be chosen by the electors of the
members of the General Assembly, at the times and places where
they shall respectively vote for the members thereof. The returns how and when
of every election for Governor shall be sealed up, and transmitted to elected,
the seat of Government, by the returning officers, directed to the
Speaker of the Senate, who shall open and publish them in the pre-
scnce of a majority of the members of each House of the General
Assembly. The person having the highest number of votes, shall
be Governor,- but if two or more shall be equal, and highest in votes,
one of them shall be chosen Governor by joint vote of both Houses
of the General Assembly. Contested elections for Governor, shall
be determined by both Houses of the General Assembly, in such
manner as shall be prescribed by law.
Sec. 3. He shall be at least thirty years of age, shall be a Qualification*,
citizen of the United States, and shall have been a citizen of this
State seven years next before his election.
Sec. 4. The Governor shall hold his office for two years, and Term of service,
until his successor shall be elected and qualified. He shall not be
eligible more than six years in any term of eight.
Sec. 5. He shall be commander-in-chief of the army and p0Wers. -
navy of this State, and of the militia, except when they shall be called
into the service of the United States.
Sec. 6. He shall have power to grant reprieves and pardons, pard0ns.
after conviction, except in cases of impeachment.
Sec 7. He shall, at stated times, receive a compensation for compensation,
his services, which shall not be increased or diminished during the
period for which he shall have been elected. May requjre
Sec. 8. He may require information in writing, from the offi- information in
cers in the executive department, upon any subject relating to the writins
duties of their respective offices.
Sec. 9. He may, on extraordinary occasions, convene the theleMature6
General Assembly, by proclamation; and shall state to them, when
assembled, the purposes for which they shall have been convened,-
but they shall enter on no legislative business, except that for which
they were specially called together.
Sec. 10. He shall take care that the laws be faithfully exe-
cuted. Duties.
Sec. 11. He shall, from time to time, give to the General As-
sembly, information of the state of the government, and recommend
to their consideration such measures as he shall judge expedient.
Sec. 12. In case of the removal of the Governor from office,
or of his death, or resignation, the powers and duties of the office how fiJcaoanc)e'1
shall devolve on the Speaker of the Senate; and in case of the death,
removal from office, or resignation of the Speaker of the Senate, the
powers and duties of the office shall devolve on the Speaker of the
House of Representatives.
54
CONSTITUTION OF TENNEfSEE.
whowgibie. Sec. 13. No member of Congress, or person holding nny
office undei1 the United States, or this State, shall execute the office
of Governor.
Sec. 14. When any officer, the right of whose appointment is
Tomaketem- this Constitution vested in the General Assembly, shall, during
porary appoint- the recess, die, or the office, by the expiration of the term, or by
ments. other means, become vacant, the Governor shall have the power to
fill such vacancy, by granting a temporary commission, which shall
expire at the end of the next session of the Legislature.
Seal of the state. Sec. 15. There shall be a Seal of this State, which shall be
kept by the Governor, and used by him officially, and shall be called
the Great Seal of the State of Tennessee.
Grants and com- Sec. 16. All grants and commissions shall be in the name
missions. and by the authority of the State of Tennessee, be sealed with the
State Seal, and signed by the Governor.
Secretary of Sec. 17. A Secretary of State shall be appointed by joint vote
state. 0f the General Assembly, and commissioned during the term of four
years; he shall keep a fair register of all the official acts and proceed-
ings of the Governor; and shall, when required, lay the same, and all
papers, minutes and vouchers relative thereto, before the General
Assembly: and shall perform such other duties as shall be enjoined
by law.
ARTICLE IV.
Voters. Section 1. Every free white man of the age of twenty-one years,
being a citizen of the United States, and a citizen of the County
wherein he may offer his vote, six months next preceding the day of
election, shall be entitled to vote for members of the General Ass em-
bly, and other civil officers, for the county or district in which he
resides: Provided, that no person shall be disqualified from voting
in any election on account of color, who is now by the laws of this
Colored persons State, a competent witness in a court of justice against a white man.
military duty and All free men of color, shall be exempt from military duty in time of
poll tax. peace, and also from paying a free poll tax.
Eight of suf- Sec. 2. Laws may be passed excluding from the right of suf-
frage Restricted, frage, persons who may be convicted of infamous crimes.
Sec. 3. Electors shall in all cases, except tfeason, felony or
Protection of breach of the peace, be privileged from arrest or summons, during
voters. their attendance at elections, and in going to and returning from them.
Sec . 4. In all elections to be made by the General Assembly,
Mode of voting. the members thereof shall vote viva voce; and their votes shall be
entered on the journal. All other elections shall be by ballot.
ARTICLE V.
Impeachment Section 1. The House of Representatives shall have the sole
power of impeachment.
Sec. 2. All impeachments shall be tried by the Senate; when
sitting for that purpose, the Senators shall be upon oath or affirma-
tion. No person shall be convicted without the concurrence of two-
thirds of the Senators sworn to try the officer impeached.
Sec. 3. The House of Representatives shall elect, from their
own body, three members, whose duty it shall be to prosecute im-
CONSTITUTION OF TENNESSEE.
55
peachments. No impeachment shall be tried until the Legislature
shall have adjourned sine die, when the Senate shall proceed to try
such impeachment.
Sec. 4. The Governor, Judges of the Supreme Court, Judges officerg Hable t0
of Inferior Courts, Chancellors, Attorneys for the State, and Secre- impeachment,
tary of State, shall be liable to impeachment, whenever they may, in
the opinion of the House of Representatives, commit any crime in
their official capacity, which may require disqualification; but judg-
ment shall only extend to removal from office, and disqualification to
fill any office thereafter. The party shall, nevertheless, be liable to
indictment, trial, judgment and punishment according to law.
Sec. 5. Justices of the Peace, and other civil officers, not
herein before mentioned, for crimes or misdemeanors in office, shall Officers to be
be liable to indictment in such courts as the Legislature may direct; by m
and upon conviction, shall be removed from office by said court, as
if found guilty on impeachment; and shall be subject to such other
punishment as may be prescribed by law.
ARTICLE VI.
Section 1. The Judicial power of this State, shall be vested in
one Supreme Court; in such Inferior Courts as the Legislature shall Judicial power,
from time to time ordain and establish, and the Judges thereof; and
in Justices of the Peace. The Legislature may also vest such juris-
diction as may be deemed necessary in Corporation Courts.
Sec. 2. The Supreme Court shall be composed of three gupreme court.
Judges, one of whom shall reside in each of the grand divisions of
the State; the concurrence of two of said Judges, shall in every case
be necessary to a decision. The jurisdiction of this court shall be
appellate only, under such restrictions and regulations as may from
time to time be prescribed by law; but it may possess such other
jurisdiction as is now conferred by law on the present Supreme
Court. Said Courts shall be held at one place, and at one place
only, in each of the three grand divisions of the State. Election and
Sec. 3. The General Assembly shall, by joint vote of both qualification of
Houses, appoint Judges to the several Courts of law and equity; but Judges'
courts may be established to be holden by Justices of the Peace.—
Judges of the Supreme Court shall be thirty-five years of age, and
shall be elected for the term of twelve years, (f)
Sec. 4. The Judges of such Inferior Courts as the Legisla- . Judges of
ture may establish, shall be thirty years ©f age, and shall be elected mfenor courts-
for the term of eight years.
Sec. 5. The Legislature shall elect Attorneys for the State, tii<fstate?ys f°r
by joint vote of both Houses of the General Assembly, who shall hold
their offices for the term of six years. In all cases where an Attor-
ney for any district fails or refuses to attend and prosecute according
to law, the court shall have power to appoint an attorney pro tem-
pore.
Sec. 6. Judges and Attorneys for the State may be re- How moved,
moved from office by a concurrent vote of both Houses of the Gene-
(/) The Act of 1827, authorising tin Governor to appoint a special circuit judge, in case the
sickness or bodily infirmity of the incumbent should render him incompetent to sit in his circuit,
is unconstitutional. Smith \s. Normnnt. 5 Yerg. R. 271.
56
CONSTITUTION OF 1ENNESSEC.
ral Assembly^ each House voting separately; but two-thirds of all
the members elected to each House must concur in such vote; tl e
vote shall be determined by ayes and noes, and the names of the
members voting for or against the Judge or Attorney f >r the State,
together with the cause or causes of removal, shall be entered on llie
journals of each House rcnpcctively. The Judge or Attorney for
the State, against whom the Legislature may be about to proceed,
shall receive notice thereof, accompanied with a copy of the causes
alleged for his removal at least ten days before the day on which
either House of the General Assembly shall act thereupon,
compensation. ®EC* The Judges the Supreme and Inferior Courts,
shall at stated times, receive a compensation for their services, to be
ascertained by law, which shall not be increased or diminished, dur-
ing the time tor which they are elected. They shall not be allowed
any fees or perquisites of office, nor hold any other office of trust or
ro mons. profit un(jer this State or the United States.
Jurisdiction f ^EC- The jurisdiction of such Inferior Courts, as the Lcgis-
inferior courts? kiture may from time to time, establish, shall be regulated by law.
Jud eshow ^EC* *^U(^Ses sball not charge Juries with respect to matters of
u ges ow. may g1;ate the testimony and declare the law.
Certiorari ^EC" *^U(^?es or Justices °f such Inferior Courts of law, as
cr loran. ^ LegisMure may establish, shall have power, in all civil cases, to
issue writs of certiorari to remove any cause or transcript theieof,
from any inferior jurisdiction, into said Court, on sufficient cause
supported by oath or affirmation.
Sec. 11. No Judge of the Supreme or Inferior Courts, shall
incompetency preside on the trial of any cause, in the event of which he may be
of Judges. interested or where either of the parties shall be connected with him
by affinity or consanguinity, within such degrees as may be prescrib-
ed by law, or in which he may have been of counsel, or in which he
may have presided in any Inferior Court, except by consent of all
the parties. In case all or any of the Judges of the Supreme Court,
shall be thus disqualified from presiding on the trial of any cause or
causes, the Court, or the Judges thereof, shall certify the same to the
Governor of the State, and he shall forthwith specially commission
Jud csCkneSS °f the requisite number of men of law knowledge, for the trial and
8 ' determination thereof. In case of sickness of any of the Judges of
the Supreme or Inferior Courts, so that they or any of them are una-
ble to attend, the Legislature shall be authorised to make provision
by general laws, that special Judges may be appointed to attend said
Courts, (g)
Process to run Sec. 12. All writs and other process shall run in the name of
in name of the jhe State of Tennessee; and bear test and be signed by the respect-
Statlndictmenta five clerks. Indictments shall conclude, "against the peace and dig-
howto conclude, nity of the State?"*
Sec. 13. Judges of the Supreme Court shall appoint their
clerks, jvho shall hold their offices for the period of six years. Chan-
cellors (if Courts of Chancery shall be established) shall appoint
their Clerks and Masters, who shall hold their offices for the period
of six years. Clerks of such Inferior Courts as may be hereafter
Cg) The consent of both plaintiff and defendant is necessary to qualify a judge to sit in a
case, when by affinity or consanguinity, he is incompetent. Waterhouse vs. Martin. 1 Perk's
R. 374.
constitution of tennessee.
57
established, which shall be required to be holden in the respective
Counties of this State, shall be elected by the qualified voters thereof
for the term of four years; they shall be removed from office for mal-
feasance, incompetency, or neglect of duty, in such manner as may
be prescribed by law.
Sec. 14. No fine shall be laid on any citizen of this State, Fln®'*
that shall exceed fifty dollars, unless it shall be assessed by a jury of
his peers, who shall assess the fine at the time they find the fact, if
they think the fine should be more than fifty dollars.
Sec. 15. The different counties in this State shall be laid off Civil di«trict«
as the General Assembly may direct, into districts "of convenient size, to be laidoff-
so that the whole number in each County shall not be more than
twenty-five, or four for every one hundred square miles. There shall constable*3 8nd
be two Justices of the Peace and one Constable elected in each dis-
trict, by the qualified voters therein, except districts including
county towns, which shall elect three Justices and two Constables.
The jurisdiction of said officers shall be co-extensive with the County.
Justices of the Peace shall be elected for the term of six, and Consta-
bles for the term of two years. Upon the removal of either of said
officers from the district in which he was elected, his office shall be- .
come vacant from the time of such removal. Justices of the Peace
shall be commissioned by the Governor: The Legislature shall have
power to provide for the appointment of an additional number of
Justices of the Peace in incorporated towns.
ARTICLE VII.
Section 1. There shall be elected in each County, by the quali Election of
fied voters therein, one Sheriff, one Trustee, and one Register; the county office™
Sheriff and Trustee for two years, and the Register for four years: provided for.
Provided, that no person shall be eligible to the office of Sheriff more
than six years in any term of eight years. There shall be elected
for each County, by the Justices of the Peace, one Coroner, and one
Ranger, who shall hold their offices for two years: Said officers How removed,
shall be removed for malfeasance, or neglect of duty, in such man-
ner as may be prescribed by law.
Sec. 2. Should a vacancy occur, subsequent to an election, va6anclef,
in the office of Sheriff, Trustee, or Register, it shall be filled by the
Justices; if in that of the Clerks to be elected by the people, it shall
be filled by the Courts: and the person so appointed, shall continue
in office until his successor shall be elected and qualified; and such
office shall be filled by the qualified voters at the first election for
any of the county officers.
Sec. 3. There shall be a Treasurer or Treasurers appointed state Treasurer,
for the State, by the joint vote of both Houses of the General Assem-
bly, who shall hold his or their offices for two years.
Sec. 4. ThS election of all officers, and the filling of all va-
cancies that may happen, by death, resignation or removal, not ana va^fncieB.11"
otherwise directed or provided for by .this Constitution, shall be
made in such manner as the Legislature shall direct.
Sec. 5. The Legislature shall provide, that the election of
the county and other officers, by the people, shall not take place at coumyne7ections
the same time, that the general elections are held for members of not to bent soma
Congress, members of the Legislature, and Governor. The elec- time.
Hons shall commence and terminate on the same day.
9
£8
CONSTITUTION OF TENNESSEE,
ARTICLE VIII.
Militia. Section 1. All militia officers shall be elected by persons sub-
' ject to military duty, within the bounds of their several companies,
battalions, regiments, brigades, and divisions, under such rules and
regulations as the Legislature may, from time to time, direct and
establish.
Sec. 2. The Governor shall appoint the Adjutant General
Staff, and his other Staff Officers; The Majors General, Brigadiers Gene-
ral, and commanding officers of regiments, shall respectively appoint
their Staff Officers.
Sec. 3. The Legislature shall pass laws, exempting citizens
Exemptions. belonging to any sect or denomination of religion, the tenets of which
are known to be opposed to the bearing of arms, from attending pri-
vate and general musters.
ARTICLE IX.
colpoi!6™ °fth9 Section 1. Whereas Ministers of the Gospel are, by their pro-
fession dedicated to God and the care of souls, and ought not to be
diverted from the great duties of their functions; therefore, no Min-
ister of the Gospel or Priest of any denomination whatever, shall be
eligible to a seat in either House of the Legislature.
Sec. 2. No person who denies the being of God, or a future
Atheists, state of rewards and punishments, shall hold any office in the civil
department of this State.
Sec. 3. Any person who shall, after the adoption of this Con-
Duelists, stitution, fight a duel, or knowingly be the bearer of a challenge to
fight a duel, or send or acr.ppt -a_challenge for that purpose, or be an
aider or abetter in fighting a duel, shall be deprived of the right to
hold any office of honor or profit in this State, and shall be punished
otherwise, in such manner as the Legislature may prescribe.
ARTICLE X.
Oaths to be Section 1. Every person who shall be chosen or appointed to
officers;y °U any office of trust or profit, under this Constitution, or any law made
' in pursuance thereof, shall, before entering upon the duties thereof,
take an oath to support the Constitution of this State, and of the Uni-
ted States, and an oath of office.
Sec. 2. Each member of the Senate and House of Reprcsen-
of «re"General tatives, shall, before they proceed to business, take an oath or affirm-
Assembly. ation to support the Constitution of this State, and of the United
States, and also the following oath: "I, , do solemnly swear
(or affirm,) that, as a member of this General Assembly, 1 will, in all
appointments,, vote without favor, affection, partiality, or prejudice;
and that I will not propose or sssent to any bill, vote or resolution,
which shall appear to me injurious to the people, or consent to any
act or thing whatever, that shall have a tendency to lessen or abridge
their rights and privileges, as declared by the Constitution of this
State."
Punishment of Sec. 3. Any elector who shall receive any gift or reward for
voters. his vote, in meat, drink, money, or otherwise, shall suffer such pun-
ishment as the laws shall direct. And any person who shall directly
CONSTITUTION OP TENNESSEE.
or indirectly give, promise, or bestow, any such reward to be elect- of candidates,
ed, shall thereby be rendered incapable for six years, to serve in the
office for which he was elected, and be subject to such further pun-
ishment as the Legislature shall direct.
Sec. 4. New counties may be established by the Legislature,
to consist of not less than three hundred and fifty square miles, and N«wcountie»,
which shall contain a population of tour hundred and fifty qualified
Voters. No line of such county shall approach the court house of
any old county from which it may be taken, nearer than twelve
miles. No part of a county shall be taken off to form a new county
or a part thereof, without the consent of a majority of the qualified
voters in such part taken off. And in all cases where an old county
may be reduced for tfie purpose of Formrng a rrew ain?, the seat of
justice in said old county shall not be removed without the concur-
rence of two thirds of both branches of the Legislature; nor shall
said old county be reduced to less than six hundred and twenty-five
square miles: Provided, however, that the county of Bedford may
be reduced to four hundred and seventy-five square miles; and there
shall not be laid off more than one new county on the west, and one
on the east, adjoining the county of Bedford; and no new county line
shall run nearer than eleven and a half miles of the seat of justice of
said county. The line of a new county may run within eleven miles
of the seat of justice of Franklin county: Provided, it does not re-
duce said county to less contents than six hundred and twenty-five
square miles. The counties of Carter, Rhea, Tipton, Dyer and Sul-
livan, are excepted out of the provisions of this section. The county
of Humphreys may be divided, at such time as may be prescribed by
the Legislature, making the Tennessee river the dividing line, a
majority of the qualified voters of said county voting in favor of said
division: the counties of Carter, Rhea, and Humphreys, shall not be
divided into more than two counties each; nor shall more than one
new county be taken out of the Territory now composing the coun-
ties of Tipton and Dyer; nor shall the seats of justice in the counties
of Rhea, Carter, Tipton, and Dyer, be removed without the concur-
rence of two thirds of both branches of the Legislature. The county
of Sullivan may be reduced below the contents of six hundred and
twenty-five square miles; but the line of any new county which may
hereafter be laid off, shall not approach the county seat of said county
nearer than ten miles. - The counties of Marion and Bledsoe
shall not be reduced below one thousand qualified voters each, in
forming a new county or counties.
Sec. 5. The citizens who may be included in any new county to vote with
shall vote with the county or counties from which they may have the old.
been striken off, for members of Congress, for Governor, and for
members of the General Assembly, until the next apportionment of
members to the General Assembly, after the establishment of such
new county.
ARTICLE XI.
Section 1. All laws and ordinances now in force and use in this Laws to conti-
State, not inconsistent with this Constitution, shall continue in force nu®in fjrc*'
and use, until they shall expire, be altered, or repealed by the Legis-
lature
60
CONSTITUTION OJ> TENNESSEE.
Vaiidit 'of con' Sec. 2. Nothing contained in this Constitution, shall impair
tracts not to be the validity of any debts or contracts, or affect any rights of proper! j,
impaired. any suits, actions, rights of action, or other proceedings in courts
of justice.
Sec. 3. Any amendment or amendments to this Constitution
Amendments t° may be proposed in the Senate or House of Repres< nlatives; and
the Constitution .c f, r * , ,, , , , , . . /. „ . '
it the same shall be agreed to by a majority ol all the members
elected to each of the two Houses, such proposed amendment or
amendments shall be entered on their journals, with the yeas and
nays thereon, and referred to the General Assembly then next to be
chosen; and shall be published six months previous to the time of
making such choice. And if in the General Assembly next chosen
as aforesaid, Tracbr proposed amendment or amendments, shall be
agreed to by two thirds of all the members elected to each House,
then, it shall be the duty of the General Assembly to submit such pru-
posed amendment or amendments to the people, in such manner, and
at such time, as the General Assembly shall prescribe. And if the
people shall approve and ratify such amendment or amendments, by
a majority ot all the citizens of the State, voting for Representatives;
voting in their favor, such amendment or amendments shall become,
part of this Constitution. When any amendment or amendments to
the Constitution shall be proposed in pursuance of the fi >regoing pro-
visions, the same shall at each of the said sessions be read three
But once in six times on three several days in each House. The Legislature shall
years. not propose amendments to the Constitution, oftener than once in
six years.
Sec. 4. The Legislature shall have no power to grant divor-
Not to grant ces, but may authorize the courts of justice to grant them for such
divorces. causes as may be specified by law: Provided, that such laws be gen-
eral and uniform in their operation throughout the State.
Sec. 5. The Legislature shall have no power to authorize
Lotteries, lotteries for any purpose, and shall pass laws to prohibit the sale of
lottery tickets in this State,
interest. Sec. 6. The Legislature shall fix the rate of interest—and
the rate so established shall be equal and uniform throughout ihe
State.
None but general ®EC* The Legislature shall have no power to suspend any
laws to be°passed general law for the benefit of any particular individual; nor to pass
any law for the benefit of individuals inconsistent with the general
laws of the land; nor to pass any law granting to any individual or
individuals, rights, privileges, immunities, or exemptions, other than
such as may be, by the same law, extended to any member of the
community, who may be able to bring himself within the provisions
Exceptions, of such law: Provided always, the Legislature shall have power to
grant such charters of incorporation as they ma) deem expedient
for the public good.
May vest Sec. 8. The Legislature shall have the right to vc.t such
powers in courts powers in the courts of justice, with regard lo private and local af-
over local affairs fairgj as maybe deemed expedient.
Sec. 9. A well regulated system of internal improvement is
rovemenfto^e ca^cu^ate^ to develope the resources of the State, and promote the
encouraged. happiness and prosperity of her citizens* therefore, it ought to he
encouraged by the General Assembly.
CONSTITUTION Off TENNESSEE.
61
Sec. 10. Knowledge, learning, and virtue, being essential to Education to be
the preservation of republican institutions, and the diffusion of the cherished-
opportunities, and advantages of education throughout the different
portions of the State, being highly conducive to the promotion of
this end; it shall be the duty of the General Assembly in all future
periods of this government, to cherish literature and science. And
the fund called the Common School Fund, and all the lands and pro- common
ceeds thereof, dividends, stocks, and other property of every descrip- Schools,
tion whatever, heretofore by law appropriated by the General As-
sembly of this State, for the use of common schools, and all such as
shall hereafter be apppropriated, shall remain a perpetual fund, the
principal of which shall never be diminished by legislative appropri-'
ation, and the interest thereof shall be inviolably appropriated to the
support and encouragement of common schools throughout the State,
and for the eqnal benefit of all the people thereof; and no law shall
be made authorising said fund, or any part thereof, to be diverted to
any other use than the support and encouragement of common
schools; and it shall be the duty of the General Assembly, to appoint
a Board of Commissioners for such term of time as they may think
proper, who shall have the general superintendence of said fund, and
who shall make a report of the condition of the same, from time to
time, under such rules, regulations, and restrictions, as may be re-
quired by law: Provided, that if at any time hereafter a division of
the public lands of the United States, or of the money arising from
the sales of such lands, shall be made among the individual States,
the part of such lands, or money, coming to this State, shall be de-
voted to the purposes of education and internal improvement; and
shall never be applied to any other purpose.
Sec. 11. The above provisions shall not be construed to pre- University,
vent the Legislature from carrying into effect any laws that have *?0ll®ge' and
been passed in favor of the colleges, universities or academies, or Ca emy'
from authorizing heirs or distributees to receive and enjoy escheated
property, under such rules and regulations as from time to time may
be prescribed by law.
Sec. 12, The Declaration of Rights hereto prefixed, is de- Declaration of
clared to be a part of the Constitution of this State, and shall never apart of
be violated on any pretence whatever. And to guard against trans- 16 0nstltutl0n*
gression of the high powers we have delegated, wTe declare that
every thing in the Bill of Rights contained, is excepted- out of the
general powers of government, and shall forever remain inviolate.
SCHEDULE..
Section 1. That no inconvenience may arise from a change of
the Constitution, it is declared, that all officers, civil and military, officers to hold
shall continue to hold their offices; and all the functions appertain- theirofficesuntiI
rr successors sp*
ing to the same shall be exercised and performed according to the pointed and qua-
existing laws and Constitution, until the end of the first session of
the General Assembly, which shall sit under this Constitution, and
until the Government can be reorganized, and put into operation
under this Constitution, in such manner as the first General Assem-
blv aforesaid shall prescribe, and no longer.
Sec. 2. The General Assembly which shall sit after the first
apportionment of representation under the new Constitution, to wit:
62
CONSTITUTION Off TENNESSEE.
Seat of Govern' jn the year one thousand eight hundred and forty-three, shall,
ment- -.u- .. ? * ..e .u„ - -i..
within the first week after the commencement of the session, desig-
nate and fix the seat of Government; and when so fixed, it shall not
be removed, except by the consent of two thirds of the members of
both Houses of the General Assembly. The first and second ses-
sions of the General Assembly under this Constitution shall Le held
in Nashville.
Sec. 3. Until a land office shall be opened, so as to enable
the citizens south and west of the congressional reservation line, to
Occupants, obtain titles upon their claims of occupancy, those who hold lands by
virtue of such claims, shall be eligible to serve in all capacities,
where a freehold is, by the laws of the State, made a requisite qua-
lification.
Done in Convention at Nashville, on the 30th day of August, in the
year of our Lord one thousand eight hundred and thirty-four, and
of the Independence of the United States, the fifty-ninth.
In testimony whereof, we have hereunto subscribed our names:
WILLIAM B. CARTER, President.
Robert Allen,
Hugh C. Armstrong,
Adam R. Alexander,
Richard Bradshaw,
Robert M. Burton,
Willie Blount,
Maclin Cross,
James Gray.
Newton Cannon,
William G. Childress,
Terry H. Cahal,
Robert L. Cobbs,
Richard Cheatham,
Burchet Douglas,
Francis B. Fogg,
Gray Garratt,
James GillespY,
Bolling Gordon,
Callaway Hodges,
Isaac Hill,
Adam Huntsman,
West H. Humphreys,
Nelson I. HESS,
John Keley,
Andrew A. Kincannon,
Josehp Kincaid,
Peter Kendall,
Bradley Kimbrough,
Attest.
William Ledbetter,
William H. Loving,
Abraham McClellan,
Robert J. McKinney,
Joseph A. JVIabry,
John McGaughy,
John Montgomery,
George W. L. Marr,
John Neil.
Richard Nelson,
Thomas C. Porter,
John Pvrdy,
William C. Roadman,
George W. Richardson,
Henry Ridley,
Julius C. N. Robertson,
Matthew Stephenson,
William T. Senter,
James W. Smith,
William C. Smartt,
Henry Sharp,
James Scott,
Ennis Ury,
John Whitson,
Isaac Walton,
John J. White,
Jonathan Webster,
Robert Weakley.
WILLIAM K. HILL, Secretary.
A
COMPILATION
op the
STATUTES OF TENNESSEE.
ABATEMENT AND REVIVOR.
17 8 6.—Chapter 14.
Section '1. It shall and may be lawful for the heirs, executors, pl^tt^dojthdgf
administrators or guardians, to carry on every suit or action in fendant, guardi.
courts, after the death of either plaintiff or defendant, and may be an or adminis-
proceeded on by application in the same manner as appeals are car- ^tg°ritmay carry
ried on. (a.)
17 8 9.—Chapter 57.
Intervention of
Section 7. Where a term of the Supreme, Circuit, Chancery or a term of court.
County court, shall intervene between the death of any plaintiff or
defendant, and qualification of the executors and administrators ©f
such deceased plaintiff or defendant, the intervention of such term
shall not work any abatement or discontinuance of such suit.
179 4—Chapter 1.
Section 26. No plea in abatement shall be received in any meifuo besw'rn
court, unless the party offering the same, shall by affidavit or other- to.
wise prove the truth of such plea. (&.)
Sec. 64. No appeal in any cause or court whatsoever, shall be ab^ebydeathof
abated by the death of either plaintiff or defendant, but may be pro- plaintiff or de-
cceded on by application of the heirs, executors, administrators or fendant.
assigns of either.
(a) Revivals are permitted after two terms, upon the suggestion of the death of the party, made in time;
1 Tenn. 237.
(b) A plea in abatement cannot be received after an agreement to plead and try at the next term. 1 Tennt
249.
2. A plea in abatement, not verified by affidavit, is not to be regarded. 5 Hay. 30.
3. If, by the judgment of the court, the defendant's plea be improperly overruled, it is no waiver of his plea
in abatement, if he plead one. Peck's R. 159.
4. An objection to the nature and form of a writ or process must be pleaded in abatement, and not by de-
rnnrrer. 5 Yerg. 104
10
66
ABATEMENT AND REViYOR.
Sept. 1809.—Chapter 121.
Section 3. Where any person may die intestate, and no person
areWnoreaam's will administer on such intestate's estate,it shall and ina> be lawful
sd.fa. may issue for any person who hath commenced any suit against such intestate
against heirs. jn jjjg lifetime, and may wish to recover the same, to issue scire faci-
if heirs are mi- as against the heirs of such intestate; and in case the heirs are mi-
nors, court toap- nors, it shall be the duty of the court to appoint a guardian to such
point guardian, keirs as are minors, for the purpose of defending said suit; and on
a return of the scire facias made known to the guardian or heirs, as
the case may be, the said plaintiff may prosecute his said suit to
judgment and execution as m other cases.
1819.—Chapter 16.
Section 1. No suit in a court of law or equity, by a feme sole,
Suit by feme shall abate by her marriage; and it shall be lawful for the husband,
sole not to abate .. ° t n , • • . ,
by her marriage, on motion, at the next succeeding term atter his marriage, to make
but husband may himself party to any such suit, and to prosecute the same, as if he and
become a party, wife Had been originally plaintiffs.
Husband to en- ®EC* dei'k> on application of such husband, to be made
ter into securi- party to such suits, shall take bond and security of said husband, for
ty, and original the prosecution thereof with effect; and on his failure, he and his se-
byCreieasedhere" cul'i^es s^all be liable, as in other cases, to judgment for costs, and
be subject to the same writs of execution; and on said bonds being
executed, the original security for the prosecution thereof, shall be
discharged from further liability.
Sec. 3. No suits in law or equity, against femes sole, shall abate
feme^oie^ot^o intermarriage of such femes sole; but their hurt ands respec-
abate by her tively may he made defendants to such suits, by scire facias, and
marriage, but judgment may be rendered therein and execution issue in like man-
made1"defendant nerj as though such suit had been instituted against husband and wife
by seire facias: jointly.
182 5.—Chapter 29.
Section. 3. Where any suit shall be commenced in the name of
Suit in the one, for the use of another person, and the person whose name may
"he1 usef oT an- ^ use^5 shsill depart this life during the pendency of the suit, it shall
other, not to a- not be necessary to revive said suit in the name of his, her or Iheir,
bate by death, personal representative, but said suit may be prosecuted in the same
way as though said death had not happened.
1825.—Chapter 65.
Section 1. In case one or more of several defendants, should
Suits,how re- pendjng a guit, either in law or equity, such suit may le revited
Jurvivor^ofone against the representatives of the deceased defendant or defendants,
or more joint de- at any term before the trial of such suit; Provided, if there be no
fendants. executor or administrator to such deceased defendant or defendants.
ABATEMENT AND REVIVOR.
6?
the plaintiff may suggest the death of such defendant or defendants up-
on record, and that he, she, or they, have no executor or administra-
tor, and satisfy the court that such is the fact, and proceed to trial and,
judgment against the surviving defendant or defendants, at the first
or any subsequent trial term: Provided, also, it shall be the duty of
the plaintiff or plaintiffs, to revive such suit by scire facias, if the suit
be at law, or by bill of revivor, if it be in equity, against all or any
personal representative that may be to such deceased defendant or
defendants, at the first term which happens after such suggestion of
the death of such defendant or defendants; and Provided, that noth-
ing herein contained, shall be construe'd to prevent any suit for
the benefit of heirs being revived against the personal repre-
sentatives of a deceased defendant or defendants, after such sugges-
tion, at any term previous to the trial of such suit.
Sec. 2. If the plaintiff or plaintiffs, will suggest the death of one On suggestion
or more of the defendants upon record, and that he, she or they, has proceed
no executor or administrator, such plaintiff or plaintiffs may elect to trial or con-
proceed to trial against the surviving defendant or defendants, or have tinue.
his cause continued from time to time for two terms after such sug-
gestion, and after such cause is reached for trial, to enable him to re-
vive against any person or persons who may qualify as executor or
administrator of such deceased defenant or defendants.
Sec 3. In case one or more of such plaintiffs, who are not partners Executors or
in trade, should die pending a suit, either in law or equity, the exec- administrators
utor or administrator of such plaintiff or plaintiffs, so dying, may, ^ay^evive^by
by motion in court, have the suit revived in their name, jointly with motion, with the
surviving plaintiff or plaintiffs, at any term before the cause is reach- survivors,
ed for trial; but in case there be no executor or administrator to such
deceased plaintiff or plaintiffs or the executor or administrator of such
deceased plaintiff or plaintiffs fail or refuse to have such suit revived in
his, her or their name, at the first term thereafter, and before the suit
is called in court, the defendant may elect, by suggesting the death
of such plaintiff or plaintiffs, to proceed to the trial of Such suit with
surviving plaintiff, or let the cause be continued from term to term
for two terms thereafter; at which time, if said suit is not revived in
the name of the executors or administrators of such deceased plain-
tiff or plaintiffs, the same may be abated on the application of the
defendant.
Sec. 4. When any suit shall be brought against any sole execu- Sole executor
tor or administrator, or such executor or administrator shall die pend- ayin^Mirmay
ing such suit, and administration de bonis non or cum testamento an- he revived ag'nst
nexo be granted to some other person, it shall be lawful for the plain-
tiff by scire facias to revive such suit within two terms after the death hy scire facia™
of defendant against such administrator cum testamento annexo or
de bonis non and proceed to trial in the same manner, as if such suit
had been originally brought against him or them.
Sec. 5. When any sole executor or administrator is plaintiff, and Soie adminis-
shall die pending the suit, and administration shall be granted as trator dyitur, his
aforesaid, it shall be lawful for the administrator de bonis non, to re- administrator
, . , .. ./.. . ... boms non
vive such suit so brought, by scire jacias, or upon motion, within niay revive by
two terms after the death of such plaintiff. scire facia*.
ABAI'EMENI AMU KEV1VOK.
1829—Ch. 57—5 (Suits against administrators or executors,
commenced within six months may be abated.)—See Administrators
and Executors.
Feb. 17, 18 36.—Chapter 77.
Section 1. When any person may depart this life, by or against
What actions whom, an action of detinue or trover, or any civil action, whether
may be revived. ^ same founded on wrongs or contracts, except actions for wrongs
affecting the person or character of the plaintiff, may have been
commenced, it shall be lawful to renew such suit by or against the
personal representative of such decedant, subject to the same rules,
regulations and restrictions, that actions founded upon contract are
renewed by the existing laws.
ACADEMIES.
1$09—Ch. 57.—§1.—(Estate of Aliens to descend to academies.)
See Aliens.
181 7.—Chapter 32.
To be prepara- Section 1. All the academies of this state shall be considered as
tory schools to schools preparatory to the introduction of students into the colleges
colleges. 0f fojs state.
181 7—Chapter 137.
Section 1. It shall be lawful for the county courts, for the respoc-
tive counties in this state, in case of the death, resignation, or remo-
val of any trustee for any academy within their respective counties,
to fill such vacancy by appointing a successor or successors, which
appointment shall be entered on the record of said court, and the per-
son or persons appointed shall have the same power and authority, as
if the appointment had been made by the legislature of this state.
18 2 7.—Chapter 57.
Trustees to
render an annu- Section 1. It shall be the duty of the commissioners app< tinted by
to a'the* county different county courts of this state to settle with the clerhs of Ihc
emirt.* different county and cireuit courts, on or before the first day of June
County eourt
to fill vacancies
inboard of true-
tees.
ALAOEMIE^.
in each and every year, to cail upon the trustees of the county aca-
demy, for an account upon oath of the amount of monies received by
said trustees or their predecessor^, for and on account of said acade-
my, distinguishing such as have been received from the treasurer of
east or west Tennessee, from such as have been received by dona-
tion, also an account of the donations to said academy in lands, books,
or other valuable thing, and also an account of the disbursements
that said trustees may have made on account of said academy, which
account shall be in writing and sworn to by some one or more of the
said trustees, and shall be returned to the county court of their county,
at the last court before the first day of September, in each and every
year, and it shall be the duty of the clerk of said court to record the
same in a book for such purpose, which shall be considered as ex
officio service, and to make out a certified copy of such report and
deliver the same to the representative from such county, to be laid
before the general assembly.
Sec. 2. If said trustees shall fail or refuse to give the account Penalty of de-
required by the first section of this act, it shall be the duty of said lintiuency-
commissioners to report such delinquency together with the names of
such trustees to the county court in the same manner as if the report
contemplated in the first section of this act had been made.
Sec. 3. Where one or both of said commissioners shall be trus- in case com-
tees of their county academy, it shall be the duty of said court to ap- missioners are
point one or two others to discharge this duty, and the commissioners rus ees"
who may discharge the duties herein required shall receive such com-
pensation as said court shall think right to be paid out of monies in
the county treasury not otherwise appropriated.
Sec. 4. It shall be the duty of the treasurers of east and west Ten- lDuty oftreasu-
nessee forthwith to make out, and transmit to the commissioners of rs'
each county an account of the monies paid out by them to the trustees
of academies, and to what person or persons, and when paid, and to
pay the postage on such communication.
182 9—Chapter 11.
To amend the act of 1827, ch. 57.
Section 1. Whenever the trustees of any of the county academies Manner of pro-
in this state shall fail or refuse to settle with the commissioners ap- deihiquen^rus-
pointed for that purpose, in the manner pointed out by the act to tees,
which this is an amendment, it shall be the duty of the attorney
prosecuting in said county, to commence suit against said trustees by
bill or otherwise at his discretion, and proceed to collect all moneys
in their hands, which said academy would be entitled to, and pay the
same over to the clerk of the county court, taking his receipt for the
same, who shall retain the said moneys until another board of trus-
tees shall be appointed and authorized by {he court to receive the
same.
Sec. 2. The attorney general shall be entitled to receive as a ofPftt^edUQe"
compensation for his services out of the money collected by him, nera"0""^ °
the sum of five dollars, and a tax fee of twenty-five dollars; and if he
should fail or refuse to proceed according to the first section of this
act, it shall be considered as a misdemeanor in office.
Sec. 3. Every board of trustees, or so many thereof as fail to
70
ACADEMIES.
Delinquent settle according to the provisions of the law to which this is an amend-
miMedSt°bediS menti shall be dismissed from otlice by said court as trustees, and
shall not be capable of holding any office in any literary institution in
this state for the term of five years.
Sec. 4. All suits so commenced against any trustee or hoard
Suits how trustees? shall be in the name of the Governor of the stale for the
brought, and ex- time being, for the use of the academy in the county where situated,
pense how paid, and the attorney general shall not be required to give security for
the prosecution of said suit, but all expense necessarily accruing in
the prosecution of said suit shall be paid out of the treasury of the
state: Provided such suit should be determined in favor of said trus-
18 2 9.—Chapter 67.
Section 1. It shall be the duty of the president and directors of
Fund to be a t^ie state °f Tennessee at Nashville, to apportion the
portioned°am'gst academy fund among the county academies, in the different counties
the academies, in west Tennessee, and shall pay over to the trustees of said institu-
tions such portion of such fund as each may be entitled to, and in like
manner the president and directors of the Branch Bank at Knox-
ville, shall apportion said fund between the academies in east Ten-
nessee, and pay over to the trustees thereof, such sums as each may
be found entitled to.
Duty ofPresi- Sec. 2. It shall be the duty of said r president and directors, to
dent and Direct- deduct such sums as may have been paid to any of said academies
orsofthe Bank, heretofore, and only pay over such balances as shall appear due to
each.
Directions for ®EC I*1 said apportionment the bank and branch, shall pur-
apportioning. sue the directions of the acts of 1825, 1826, and 1827,* directing the
manner of apportioning the interest, as also the principal of said aca-
demy fund among the several counties in this state.
Sec. 4. The trustees of nny county academy, before they shall
Trustees of entitled to draw any money under the provisions of this act, shall
Acd'mies to give enter into bond with good security, in the penalty of fifteen hundred
bond for the ho- dollars, to the chairman of the county court, which bond shall be ap-
of the money!011 Proved by the court, and shall be filed in the office of said county
court, conditioned that said trustees shall faithfully and honest-
ly apply said academy money, or the interest thereof, to the use
ot the academy, in some judicious manner, and to no other use,
a copy of which said bond, certified by the clerk of said county court,
shall be filed w ith the bank at the time application shall be made for
payment, which bond so filed shall be liable to be sued upon in the
name of the chairman aforesaid, for the use of the academy, upon
the application of any person to the county court, and upon the coun-
ty court making an order directing a suit,
on^aid b'ndmay Sec, 5. Any obligor to any bond, given under the provisions of
be released. this act, may, upon giving notice to the other obligors of five days
before any county court, have himself released from his liability on
his bond, by requiring new bond to be given, or suit to be com-
menced thereon, and a full settlement to be made by collection of
the amount due, or otherwise as the court may and shall direct.
♦By these arts tlie interest is directed to be paid over in equal portions to all the academies
account*.
71
Sec. 6. The trustees of any academy shall have power to loan TgU^ete0s ^
any of the moneys in their hands, and take bond to the president of tp^f^cK° 0an
their board, or any one of them, they shall so designate, and shall
have power to sue for the same, to and for the use of the academy:
Provided, that said trustees shall not loan for a longer time than
twelve months, without requiring a renewTal of the note.
ACCOUNTS.
181 9.—Chapter 25.
Section 1. When any suit shall be brought on an account coming Accounts from
from any other county or state, with the affidavit of the plaintiff, and other counties or
the certificate of a justice annexed to said account, and also the ^jgej0Wt^be
clerk's certificate, that said Justice is an acting Justice within his
county, the Justice of the peace or court, having cognizance of said
suit, shall proceed to enter up judgment on said account, and issue
execution accordingly, unless the defendant shall on oath deny the
justice of said account.
Sec. 2. (Defendants may prove their accounts by their own oaths
when offered as a setoff. See Set-off.)
ADMINISTRATORS AND EXECUTORS.
171 5.—Chapter 48.
Section 4. No person shall enter upon the administration of any To obtain let
deceased person's estate, until they have obtained letters of admin- tratio°n and'tes!
istration, or letters testamentary, under the penalty of one hundred tamentary.
and twenty Jive dollars, one half to the informer and the other half
to the State, to be recovered by bill, plaint or information.
Sec. 5. The Cleric of the County Court shall not sign and n°jt^
issue any letters testamentary without taking the executor's oath, out oath & bond!
for performing the will of the deceased; or letters of administration,
without the administrator has taken the oath of an administrator, and
also has given sufficient bonds with two or more able securities,
taken before the county court (respect being had to the value of the
estate) in the name of the Governor for the time being, with the
condition in form and manner following, to he changed as the case
may he; viz.:
The condition of the above obligation is such, That if the above Formof bond,
bounden A. B. administrator of all and singular the goods and chat-
72
administrators and executors.
tels, rights and credits of C. D. deceased, do make or cause to he
made, a true and perfect inventory of all and singular the goods and
chattels, rights and credits of the said deceased, which have or shall
come to the hands, possession or knowledge of him, the said A. B.,
or into the hands and possession of any other person or per-
sons for him, and the same so made, do exhibit or cause to be ex
hibited to the next County Court, where orders for administration
passed; and the same goods, chattels, and credits, and all other, the
goods, chattels and credits of the said deceased, at the time of his
death, or which at any time after shall come to the hands or posses-
sion of the said A. B. or into the hands or possession of any other per-
son or persons for him, do well and truly administer according to
law; and further, do make or cause to be made, a true and just ac-
count of his said administration within two years after the date of
these presents, and all the rest and residue of the said goods, chat-
tels and credits which shall be found remaining upon the said admin-
istrator's account, the same being first examined and allowed by the
County Court, shall deliver and pay unto such person or persons
respectively as the same shall be due unto, pursuant to law; and if
it shall appear, that any last will and testament was made by the
deceased, and by the executor or executors therein named, do exhi-
bit the same into court, making request to have it allowed and ap-
proved accordingly, if the said A. B. above bound, being thereunto
required, do render and deliver the said letters of administration
(approbation of such testament being first had and made) in the said
court; then this obligation to be void and of none effect, or else to
remain in full force and virtue, (a)
Which bonds are hereby enacted and declared to be good to all
Administration intents and purposes, and pleadable in any courts of justice,
to next of kin, Sec. 8. Where any person shall die intestate, administration
est^creditorlaTg" grante^ to the next of kin to the deceased, provided such per-
son make claim for the same, and for want of such to the greatest
creditor, proving his debt on oath, before the County Court. \b)
Sec. 9. The creditors of any person deceased shall make their
claim within seven years after the death of such debtor, otherwise
such creditors shall be forever barred, (c)
172 3.—Chapter 10.
inventories Section 2. Every executor or executrix, administrator or admin-
when tote made istratrix shall, some time before or at the next County Court, after
his, her or their entering on the administration of any deceased per-
son's estate, draw or cause to be drawn, a just, true and perfect in-
ventory of all the goods and chattels of the deceased, (such only
(a) Executors are liable at the end of two years to pay over to the legatees, unless hindered from getting
in the assets by some cause not to be overcome by their industry. 4 Hay, 134.
(b) The Court should appoint one of the distributees who applies for administration, although the widow
and other distributees oppose it, unless they will make application, and then the court may use their discre-
tion in selecting. Mart. # Yerg. 42.
(c) This section in force as to heirs, executors and administrators. Per. White I.—Quere by Haywood
and Roan. 5 Hay, 1 to 28.-224.
2 This section is a good plea by the executors of one of the sureties on a guardian bond, where the suit
was not commenced against them within seven years, although the ward was an infant, and so continued
until within one year before suit. 6 Yerg. 224-
3 The seven years of limitation is in force, and may he relied upon by the heir. A promise to pay by the
executor will not take the case out of the act as against the heir. Mart, and Yerg. 253.
administrators and executors.
73
excepted as are by special legacies particularly bequeathed); which
inventories shall be exhibited at the respective Courts of the county
in which the said goods are, and attested on oath by the persons exhi-
biting the same; and a copy of which inventory, so exhibited and
attested, the administrator or executor shall cause to be affixed at the
court-house door of the county* during the courts sitting, giving
notice, that on the day of (which shall be some days
before the next succeeding court) the said goods will be exposed to
public sale, to the highest bidder, at the place where the said goods
are reserved and kept; and the executors or administrators shall on
oath render a true account of such sale to tho next court immediately
succeeding such sales, and shall accordingly be accountable for the
same to such persons as are entitled thereto by law. (d)
Sec. 3. In case the estate of any person deceased shall be so far in-
debted as that the debts cannot be discharged by the sale of what are When imperish-
deemed perishable commodities, in such case, the executor or admin- bjfg0u°perty to
istrator, shall and they are hereby empowered and required to expose
to sale in like manner as aforesaid, by the directions of the Circuit
or Chancery Court, such part of and so many of the imperishable
goods, directed by law to be kept and reserved in kind, as will pay
and satisfy all such debts and demands.
1 7 8 6.—Chapter 4.
Section 2. Executors and administrators, in the payment of the order of paying
debts of their testators and intestates, shall hereafter hold and consi- debts-
der debts due upon bills, bonds and promissory notes, whether with
or without seal, and all settled and liquidated accounts, signed by
the debtor, as of equal dignity, and shall pay the same accordingly:
Provided, That executors and administrators shall in all other res-
pects, except as aforesaid, have the same right of preference in the .
payment of creditors, which they have heretofore had and held under
the laws then in force. (A)
(d) The mode df settling the estates of deceased pel-sons, is directory. Cooke's R. 200.
2. The settlement of an administrator's account, made with the county court, is no evidence in favor of
the administrator, in a suit between him and another person, 3 Yerg. 123.
3. If the assets are mismanaged through negligence, it is a devastavit, and the administrator becomes
liable. Cookes, R.200.
4. The administrator is not entitled to a bond given to the intestate, to convey to liim land, but the heirs.
3 Hay, 179.
5. The heirs cannot set aside any sale, gift or disposition of personal goods, by an executor or administra-
tor, unless there has been collusion. Third persons cannot come into equity against the purchaser from an
executor or administrator, unless there has been fraud in the purchase. Cooke's R. 200.
fi. A mere voluntary gift by an executor, &c. when there is a deficiency of personal assets, is void. lb.
7. An executor is vested with a property in all the personal estate of the testator, and can sell it at his
will and pleasure. 3 Hay, 94. [JVote. Except slaves.]
(A) When an executor is sued by several, and has assets only to satisfy one in part, he should plead to
one, that he has so rpuch, and to the others that he has confessed assets to the other suit, and appropriated
them. 4 Hay, 159.
2. If the plaintiff's demand be of less dignity, then debts of a higher dignity made known to the executors,
will be a good plea. Ib.
3. A demand for money paid as surety of the testator, is not of equal dignity with an account settled and
signed by the debtor. Ib,
4- If an administrator renew a note in bank under seal of his intestate, signing his name aB administrator, it
becomes the debt of the administrator. 1 Yerg. 145.
5. If a distributee pay the renewed note, the securities of the administrator will not be liable, but it may
raise an assumpsit against the administrator in favor of the distributee. Ib.
II
74
ADMlNIblRAlOh.S ANL> Jt-Xfieuioifk
17 8 7.—(JuAPTiiit 18.
Proceeding# to Section 1. Where the papers of any deceased person have been*
when" a ersof 01 hereafter be so destroyed by accident, due proof being thereoi
deceaeecTareioBt made to the Circuit Court of the County, and entered on record bj
the direction of the Court, it shall and may be lawful for the execu
tors and administrators of such person to prefer a petition for th«
recovery of any debt or demand, due and owing from any person
whatsoever, to the Circuit Court of the County -where the debtor
resides, in the manner and under the regulations prescribed by the
Act of 1762, ch. 5, {see Distribution of Estates for this act,) therein
setting forth the said debt and the amount thereof as nearly as
may be, and the supposed origin thereof; and such petition being
filed in the clerk's office, the same proceedings shall be had therein,
and the defendant shall be bound and subject to the same rules as in
the 23d section of the said Act, and the last clause thereof is di-
rected, as fully to all intents as if the said clauses, and every sen
tence thereof, were herein particularly set down and expressed.
Sec. 2. This act shall in no case be allowed to take place,
Papers must but only where papers have been accidentally destroyed, nor where
be accidentally it shall appear to the court on trial there was used any kind of fraud
destroyed. to obtain the benefit of this act; in which last case the suit shall be
dismissed with cost.
17 8 9.—Chapter 23.
Section 2. No executor or administrator shall take, hold or re
tain in his hands, more of the deceased's estate, than amounts to his
Estate to be paid necessary charges and disbursements, and such debts as he shall
°ears ^and*7* Pay within two years after administration granted; but that
funding * bond all such estates so remaining, shall immediately after the expiration
taken. of two years, be divided, delivered, and paid over to such person o*
persons to whom the same may be due by law or the will of the
deceased, such person or persons, or some other for them, giving
bond with two or more able sureties, that if any debt or debts truly
owing by the deceased, shall be afterwards sued for and recovered,
or otherwise duly made appear, that then and in every such case, lie
or they shall respectively refund and pay each his or her rateable
part of that debt or debts, out of the part or share so as aforesaid al
lotted to him or her; and such bond so taken shall be made payable
to ihe Chairman of the County Court for the time being, and his
successors; which said bond shall be and enure to the sole use and
advantage of the creditors; and such creditor or creditors shall and
may have a scire facias in manner hereinafter directed, against the
obligors in the said bond, as if the said bond had been drawn and
delivered to such creditor or creditors. (i)
(i) The assent of an executor to a specific legacy, before he has qualified, will not pass the legal title to
the legatee. 2 Yerg. 298.
2 "Charges and disbursements," are such unavoidable payments of money, without which the estate can
not be collected and disposed of for the benefit of creditors, such as funeral charges, the probate of wills or
letters of administration, recording inventories, accounts of sales, for defending suits against them, &r. but
expenses in travelling, and remaining at court, and others of a similar nature, are not allowable. 3 Hav
252.
administrators and executors.
75
Sec. 3. The bonds so taken by executors or administrators Refunding bond
from legatees, or persons entitled to a distributive share of the estate to ba recardetL
of an intestate, shall by such executor or administrator be brought
into Court, at the next succeeding Court after such bonds are so
taken, and a record shall be made thereof; and the bonds then
lodged in the office of the said Court with the records of the Court: Proceeding!
And in all suits where the executors or administrators of any deceased adj
person shall plead fully administered, no assets, or not sufficient f0Und for admin-
assets to satisfy the plaintiff's demand, and such plea shall be found iatrator.
in favor of the defendant, the plaintiff may proceed to ascertain his
demand and sign judgment; and on motion, a writ or writs of scire
facias shall, and may issu§, summoning such persons who have en-
tered into bond as aforesaid, to show cause why execution should not
issue against them for the amount of such judgment; and if there
shall be judgment against the defendant or defendants to the scire
facias, or any of them, execution shall and may issue thereon against
the proper goods and chattels, lands and tenements of such defen-
dant or defendants. (j )
Sec. 4. The creditors of any person or persons deceased, if
he or they reside within this State, shall within two years, and if when creditor!
they reside without the limits of this State, shall within three years to demand and
from the qualification of the executors or administrators, exhibit and sue for debts*
make demand of their respective accounts, debts and claims of every
kind whatever, to such executors or administrators; and if any ere-
ditor or creditors shall hereafter fail to demand and bring suit for the
recovery of his, her or their debt, as above specified, within the
aforesaid time limited, he, she or they shall forever be debarred from
the recovery of his, her or their debt in any court of law or equity,
or before any justice of the peace, within this State: Provided, That Exeo Uon gto
nothing in this Act shall extend to debar infants, persons non compos, infants,no"com^
femes covert, to bring their several actions, after the expiration of pos, &c.
the term above mentioned; provided such actions be brought within
one year after the coming to lawful age, sound mind or discoverture
of such persons. Provided also, that if any creditor, who after mak-
ing demand of his debt or claim, shall delay to bring suit at the spe-
cial request of the executors or administrators, that in that case the
said debt or demand shall not be barred during the time of the indul-
gence. (fr)
Sec. 5. Every executor or administrator shall within two t^^notmed"^
months after being qualified as executor or administrator, advertise bring forward
at the Court-house of the County where the deceased usually dwelt, claims,
at the time of his death, and other places, in said county, for all per-
(jk) An administrator's settlement with commissioners, is prima facie evidence for the administrator, on
the plea of fully administered. 1 Tcnn. 300 and 348.
(ft) Money received by an intestate, or guardian, must be sued for against his adminisirators, within the
time prescribed in this section. 3 Yerg- 395.
2. This section forms a bar to any action against an administrator, &c. in two years, if a resident of the
State, and three years if not a resident. 3 Yerg. 395.
3. It does not bar demands or notes, not due at the death of the testator or intestate, nor such as fall due
after administration. 3 Yerg. 318.
4. The act only begins to run from the time a cause of action has accrued, and when there was an adminis-
trator, &c. to be sued. Ib.
5. When one executor is absent on ajourney for a temporary purpose, the creditor of the testator cannot
sue the co-executor alone. 5 Yerg. 295.
6. To authorise suit against one when there are two, one must be removed out of the jurisdiction by
change of residence. Ib.
76
ADMlNIbTRATORS AND EXE< UTOHS.
sons to bring their accounts and demands of evei'y kind and denomina-
tion, to the said executor or administrator, agreeable to the directions
of this act. (I)
1 78 9.—Chapter 39.
Proceedings to Section 1. Where administration shall be granted to any person
subject real es° on account of his being a creditor of the intestate, and there shall
tate to payment not be personal assets sufficient to satisfy the debts or demand of
of debtg. such administrator, it shall and may be lawful for such administrator
to prefer a petition against the heir or heirs of such intestate, for the
recovery of such debt or demand to the Chancery Court of the dis-
trict in which said county may be, in the manner and under the re-
gulations presribed by the Act of 1762, ch. 5, (see Distribution,
therein specially setting forth the nature of said debt or demand, and
the amount thereof, and praying that the heir or heirs of such in-
testates may be made defendant or defendants thereto; and such
etition being filed in the clerk's office, the same proceeding shall be
ad thereon, and the defendant or defendants shall be bound and
subject to the same rules as in case of petition under said act; qjnd
if a decree shall be made against such heir or heirs, or any of them;
execution shall and may issue against the real estate of the deceased
debtors, in the possession of such heir against whom a decree
shall be given as aforesaid.
179 4.—Chapter 1,
Section 47. (County Court to grant letters of administration and
testamentary.) (m) See wills.
Sec. 48. If any person who shall claim a right to execute
Right of appeal any will, or to administer the estate of any intestate, and shall think
to circuit court, himself injured by order of court, for letters testamentary or of ad-
ministration, shall be entitled to an appeal to the Circuit Court of
the County where such order shall be made; subject to the same
regulations as in other cases of appeal; and such Circuit Court is
hereby declared to have cognizance thereof, and shall, at their sit-
ting next succeeding such appeal, determine the same; and upon
such determination had, such court shall proceed to grant the letters
to the person entitled to the same, he or she giving bond with suffi-
cient security for the faithful discharge of the trust.
(I) If the administrator or executor shall not advertise, then the bar of seven years occurs. 2 Tenn. 317,
2. This section is not conditional, but directory. The bar will therefore attach, whether the advertisement
has been made or not, 3 Yerg. 1, 31Terg.431. 5 Yerg.299.
(m) The county courts of this State, have not jurisdiction to grant letters of administration upon the estate of
anon-resident. 2 Yerg. 624. [Altered by act of 1831,]
2. The order granting administration with the will annexed, before the renunciation of the executor is not
void, but voidable, upon the application ofthe executor, if made in proper time. 4 Yerg, 16.
3. When one of several administrators renounces or surrenders, the court cannot grant administration dr
bonis non. 6 Yerg, 167.
4. The right of an administration is an entire thing, and when granted to several, and one dies or resigns, the
entire authority remains with the survivors. Ib.
5. County courts may grant administration limited to specific effects, or for the performance of a single act
6 Yerg. 302-
6. Neither executors nor legatees derive any title if the will is not legally proved. 3 Hay, 221.
7. The county court, with the assent of the administrator, or upon sufficient cause, may remove an admims
trator, and appoint another. 3 Yerg, 375. Contra Catron,
ADMINISTRATORS AND EXECUTORS.
77
17 9 4.—Chapter 5.
Section 1. It shall be lawful for the executors or administrators
of any person or persons deceased, to make titles to any tract or par- When to make
eel of land in this State, which the person or persons deceased by'tcstatoror'itt-
were bound to make by his, her or their obligation, in as full and testate,
ample a manner as the decedent or decedents could have done in his,
her or their lifetime: but the executor or administrator, as the case
may be, shall not be bound to make such title or deed, until the bond
or obligation of the deceased shall have been recorded in the county
where the land lies, and a copy produced to him or them duly authen-
ticated. Nor shall holders of obligations charge the personal estate
of such decedent or decedents, until they shall have produced the
obligation duly authenticated, and demand made, and refusal or fail-
ure to comply therewith on the part of such representative or repre-
sentatives. (n)
Sec. 2. Where such deceased person may have contracted in IfAdmr orExr
his lifetime with such person or persons as have, or may become his hold title bonds!
or their executor or administrator, for lands to which he may have guardian to be
failed to make a title, the County Court-where such will has been ^akeutfe t&
proven or administration had, may appoint a guardian or guardians,
who shall make such executor or administrator a deed or deeds for
said land, according to the true intent and meaning of the contract
of such deceased person.
Sec. 3. Where there shall be more than one executor or act^ege<1 £Xarde ^
administrator, in that case, a deed made by the acting executor or Admr. good,
administrator, shall be as good and valid in law, as if it were execu-
ted by all the executors or administrators. And in case of tenancy
in common, the executor or executors, administrator or administra-
tors of a joint obligor, together with the surviving obligor or obligors,
shall be competent to make a title, observing the directions of this
Act.
Sec. 3. In all cases of obligations given by deceased persons
for a part of any tract of land, not ascertained by the metes and Proceedings
bounds, it shall be lawful for the Circuit or Chancery Court of the when titIe b0I}da
County in which the land may be situate, upon petition in writing, thehmdbymetes
of the holder of such obligation, or the representative or representa- and bounds,
tives of the obligees; and upon exhibiting such obligation, authenti-
cated as aforesaid, (and to be made a record of such Court) to appoint
three disinterested freeholders of the county, who, together with the
County Surveyor, or such surveyor as the Court may appoint, shall
be authorized and directed to divide the tract referred to in such
obligation, and lay it off as nearly agreeable to the intention of the
contract as possible; which said freeholders and surveyor, shall,
(n) This section does not limit the time within which the deed may be made; but taken with other statutes
it may be inferred that it is to be done in seven years. 2Tenn.317.
2. The bond need not he recorded except as between the obligee and executor, or administrator, of the princi-
pal obligor. 4Hay,235.
3. Upon the death of the vendor before the execution of the conveyance, although the legal estate in the land
agreed to be sold, devolves upon the heir, yet his executor or administrator will be entitled to receive the pur-
chase money. 3 Hay, 109.
4. Where an action of debt is brought on a bond, with a condition to convey land, against the executor of
the obligor, and the plaintiff sets out the condition of the bond in his declaration, and the defendant pleads pay-
ment, the defendant need not prove a demand. 1 Tennr. 254.
78
administrators and executors.
under their hands and seals, return a true and correct plat ot the
land, for which the bond was given, to the next ensuing County
Court, to be filed of record, with the other papers of the Clerk; and
upon exhibiting a copy of such petition, plat, bond, &c. duly certified
by the Clerk of such court, to the representative or representatives,
he, she or they shall be bound to make a title. Provided, That ten
days previous notice of the survey be given by the Sheriff to the
opposite parties; and that the attending surveyor administer to the
freeholders, appointed as aforesaid, the following oath: to wit:
"I, A. B., do swear, that I will well and truly lay off and ascertain
the boundaries of the land due from the estate of C. D. to E. F. by his
obligation (or the contract as the case may be), as referred to me by
the order of court, under which I now act."
Sec. 5. Where deceased persons have made entries, or hold
Proceedings warrants for land lying within this State, and died without making
WereonsdeCGhave surveys> an^ the executors or administrators have employed per-
made11 entries or sons to superintend the surveying such lands, and have by contract
hold warrants, obliged themselves to convey a part of the same, it shall be lawful for
such executors or administrators to make a title, pursuant to such
contract, which shall be as good and valid as if it had been done by
the deceased.
Sec. 6. The surveyor and freeholders mentioned in this Act,
Surveyors and shall be allowed the same fees with surveyors and jurors of view, in
dmtlon™ C°m cases disputed claims to land. The Clerk for recording the pro-
sa 10n' ceedings eighty cents, for a copy thereof forty cents; for recording
the power of attorney or bond, forty cents; for a copy 1 hereof, forty
cents; which said costs shall be paid by the representative or repre-
sentatives, in case of a previous legal- demand and refusal, or wilful
failure; otherwise by the obligee or holder of the obligation, agreea-
ble to the order of court for that purpose. And the Clerk is by this
Act authorised to issue execution for the same.
17 9 7.—Chapter 7.
Any person may Section 5. Executors and administrators are hereby authorised
be employed to and empowered to employ any person on reasonable terms, to make
sell property. gaje Gf intestate's estates, agreeable to law, for the use of the lega-
tees.
1 8 0 9.—Chapter 121.
Section 1. Where any person or persons may obtain administra-
tion on the estate of any intestate, in any one of the United States,
Admr. from or territory thereof, such person or persons shall be enabled to pro-
prosecutedits^n secute suits in any court in this State, in the same manner as if ad-
this state. ministration had "been granted to such person or persons by any
court in the State of Tennessee. Provided, that such person or
persons shall produce a copy of the letters of administration, authen-
ticated in the manner which has been prescribed by the Congress of
the United States, for authenticating the records or judicial acts of
any one State, in order to give them validity m any other state;
and that such letters of administration had been granted in pursu-
administrators and executors.
79
ance of, and agreeable to the laws of the State or territory in which
such letters of administration were granted, (o)
Sec. 2. When any executor or executors may prove the last will
and testament of any deceased person, and take on him or themselves
the execution of said will in any State in the United States, or in any
territory thereof, such person or persons shall be enabled to prose- otheTsmeamay
cute suits in any court in this State, in the same manner as if letters Ue in this state,
testamentary had been granted to him or them, by any court within
the State of Tennessee. Provided, That such executor or execu-
tors shall produce a certified copy of the letters testamentary under
the hand and seal of the clerk of the court, where the same were ob-
tained, and a certificate by the Chief Justice, presiding Judge, or
Chairman of such court, that the Clerk's certificate is in due form,
and that such letters testamentary had been granted, in pursuance
of, and agreeable to, the laws of the State or territory in which such
letters testamentary were granted.
181 3—Chapter 119.
Section 1. (See "Widow."—Authorizes widows of intestate to take
possession of property until letters of administration granted.)
Sec. 2. (See "Widow."—Requires one year's provision to he set
apart for widows.)
Sec 4. (See "Widow."—Crop may he taken to satisfy judgment
creditors.)
Sec. 3. All executors of every description, shall, before they
presume to enter upon the administration of any estate whatsoever,
enter into bond and security, in the same way that administrators are
required to do, unless the testator shall otherwise expressly provide
by his will, in which case no bond or security shall be required, un- Executors to
less thereafter some creditor or creditors, or the representative or ferity0 as aadmi.
representatives of such testator, shall apply to the court of the county nist'rs, and pro-
where such executor or executors have qualified, and suggest by peti- ceedings against
tion, that said executor or executors aro wasting or likely to waste the egtea^orwastins
estate of his or their testator, whereupon it shall be lawful for such
court, and they are hereby required to direct said executor or execu-
tors, on satisfactory proof being made to said court, of the truth of said
complaint, and proof also being made, that ten days notice in writing
has been given to said executor or executors to enter into bond and se-
curity as other executors are by this act required to do, and in case said
executor or executors shall fail to enter into bond with satisfactory
security within three days after said order is made, said court shall
proceed to appoint an administrator for said estate, who shall forth-
with proceed to call said executor or executors to account for said
estate, who shall give bond and security, and be qualified as other
administrators are required by law, and shall dispose of said estate
agreeably to the last will and testament of such deceased.
Sec. 5. In all cases wherein any person may become bound as How gecurit
security for any person as administrator, and shall conceive himself may be released!
in danger of becoming liable by reason thereof, it shall and may be
lawful for the county court, wherein said person so became bound
(o) This act does not restrain thejurisdiction of the county court, acquired by the act of 1789, eh. 23, sec. 1.
2, An executor who qualifies in Virginia, may sue here by our acts, and the defendant may contest the fact
of executorship. 3 Hay, 231.
80
administrators amd exl< li0r3.
upon petition of the party, supported by oath or affidavit to them
exhibited, forthwith to order a summons to issue against the party or
parties, with and for whom the petitioner or petitioners stand bound,
returnable to the next term of said court, and thereupon compel such
party or parties to give other sufficient or counter security to be ap-
proved by said court, to deliver up the said estate to the said peti-
tioner, or to such other person as the court thull direct, or they
may, and are hereby authorized and empowered to make such other
order or rule thereon for the relief of the petitioners, and better secu-
ring such estate as to them shall seem just and equitable.
181 5—Chapter 37.
Execution not to Section 1. It shall not be lawful for execution to issue against
issu^for'tweive executors or administrators, until twelve months after the qualifica
months after qua tion of such executor or administrator, unless judgment is obtained
lification. previous to the death of the deceased, (p)
1 82 2—Chapter 10.
theTam^of'the Section 1. Any person interested in, or entitled to recover on any
Governor. bond given by any executor or administrator, may commence and
prosecute a suit on the same in the name of the Governor of the
state for the time being, for his or her use, without having the same
assigned as heretofore required by law.
Judgment on ®EC> Where several persons are entitled to a recovery on
bond in favor of such bonds, the verdict and judgment rendered in favor of one, shall
one no bar aga'st notbe a bar to any other person or persons so entitled, but each may
other suits. respectively sue for and recover his or her proportion thereon until
the whole penalty of such bond be recovered.
' Profert of at- Sec. 3. When suits are brought on such bonds, it shall be suffi-
tested copy suffi- cient to make profert of an attested copy thereof: Provided, that Lif
cient" such copy should be contested, either plaintiff or defendant may have
a subpoena for the clerk to bring with him the original bond.
Sec. 4. The person or persons for whose use any suit or suits
may be brought under this act shall in all respects be liable for costs,
in the same manner as if suits had been brought in their own names,
and the court may render judgment accordingly.
18 2 2—Chapter 31.
Court may Section 1. All executors and administrators who may have settled
make reasonable Up the business of the estate for which lie, she, or they were appoint
allowance. ^ g^u ke at liberty to exhibit his, her, or their accounts to the
court of the county, and upon the exhibition of said account, it shall
be lawful for said "court in their discrete n to make such executors or
administrators a reasonable allowance and compensation for his, her,
Settlements or their trouble and expense in the management of said estate,
with commission Sec. 2. The settlements now required by law to be made by
executors and administrators with a committee of the county oouit,
(p) If an execution issue against, a testator in his life time, and he die before the return da\, it mnv be
levied on his personalty. But if it issue after hisdeath it is wholly \nid.—5 Hay,139,14«.
administrators and executory. 81
shall when made, bo received as prima facie evidence for such exe- *r3.to +*Prima
, . . ' . > • i ^ « facte evjdeucei
cutor or administrator on the trial or any suit or suits instituted alter
such settlement is mide, nevertheless liable to be disproved as other
presumptive evidence: Prodded, that when such commissioners
shall return their report, it shall and may be lawful for any pers, n
to ccn'est said report as guardian pendente lite for any m:n tr or nr.-
n*>rs interested; and if either party sh >uld be dissatisfied with the deci-
sion of the court an appeal shall lie as in other cases. (q)
182 2—Chapter 43.
Section 1. When any judgment shall be rendered by any Justice Execution re-
of the peace of this state against any executor or administrator on 't'™ er™*
which execution shall issue and be returned "no property found," mmed to circuit
it shall be the duty of the Justice of the peace rendering such judg- court and pro-
ment or holding the papers in such cause, on the suggestion and ceed»1£9tIiereon
application of the plaintiff, his agent or attorney, to return the papers
of such cause to the next circuit court of his county, when scire facias
shall issue, and all other proceedings be had for the satisfaction of
such judgment, either out of the goods and chattels, lands and tene-
ments of such executor or administrator, in case the assets of such
estate shall have been wasted, or out of the real estate of such testa-
tor or intestate.
Skc. 2. The same proceedings as pointed out in the above section same pro-ecd-
shall take place when the judgment may be rendered in the lifetime J"en-
of the testator or intestate, and execution issued after his death, dered i«''ifetime
returned "n >thing fiund" as aforesaid. ofinte- a ?.
Sec. 3. When such j ldgment shill be rendered by a justice cf Pan e proceed
the peace, and the papers of the cause, from death, resignation, or ineswi e-. pan'rs
other cause are deposited with an ither jistice, the same proceedings justfce.1'kaaother
sh til be had on application of the plain.iff, his agent or attorney,
as is pointed in the above section of this act.
182 5—chapter 62.
Section 1. The provisions of the act of 1813, ch. 119, sec. 5, are pe»urities of
hereby declared to apply, and shall be held and deemed to apply, as ofexe-ut'-s may
well t3 the securities of executors as to the security of administra- be f'ep8rd
tors, and all proceedings of any county court wherein such security Xtrator^ad m
was bound for the re.ief of the sec irities of executors shall te as
effect lal as if such security had been the security of an administra-
tor: Provided that the confirmation of such proceedings shall not
operate to the discharge of such security of any liability that may
have attached since the time of such proceeding and previous to the
passage of this act.
(?) A settlement of the accounts of an administrator made with commissioners [especially when ezporfe]
cannot prima facie pood, untees ti e vouches were all filed in the court office, nor unless in the uccount
each artWe is set forth narticu'arly.—5 Hay, 261.
2. An admit istrator'ss i count sctled I y rommissione''s will not be opened for alleged mistake sand errors,
after 12 years after the discovery of the errors.—3 l'erg. 112.
12
82
administrators and executors.
182 6—Chapter 38.
Section 1. When two or more persons shall be qualified as execu-
Proceedin s *01s 01 a^m^nistrators in any one °f counties of ihis state, and one
hrhere one '"or or more of them shall have removed out of ilfis state, it shall and may
more executors be lawful for any person or persons having cause of action, to com-
havem'removed mence an^ prosecute his, her, or their suit against the remaining
from the state by executors or administrators unremoved, without including the others,
creditors. in the same manner as if all were sued, and judgments be rendered
accordingly: Provided, that executors and administratox-s, so sepa-
rately sued, shall not be held further liable than if all were sued, but
may avail themselves of every defence now allowed when all are
sued.
Sec. 2. The same proceedings may be had and taken on judg-
ments rendered in such separate suits, either to subject defendants
inSs Tn Pc°seeof t'iereto f°r a waste of assets, or to subject real estate descended to
waste"or to sub- heirs, as now are or may be prescribed by law, when suits are
ject real estate brought against all the executors or administrators.
suedf aU WCre ®EC* When the plea of fully administered or no assets, shall be
When "fully found in favor of an executor or administrator, such executor or
administered" is administrator shall not be liable for costs out of his own property,
miTistrators "or hut suc^ costs he Paa* hy the plaintiff in the first instance, who
executor, not to may have judgment over, when there shall be assets to pay the same
fee liable for costs in the hands of such executor or administrator.
18 2 7—Chapter 54.
Sec. 4. When any administrator may exhaust the personal estate
of any intestate in the payment of debts, leaving just deb s against
Administra. such estate unpaid, and where such intestate may die seized of real
u^'ourfto'Ten estate, situated in any county of this state, it shall and may be lawful
lands in certain for any chancery or circuit court of the district or county where
cases. such lands or part of them may lie, on the prayer of the administra-
tor, or of any bona fide creditor, whose debt may remain unpaid, to
decree the sale of such lands, or so much thereof, as may be sufficient
to satisfy the debt or debts set forth and shewn to exist in any such
bill: Provided, that before any decree shall be made as herein di-
rected, it shall be made satisfactorily to appear, that the said per-
sonal estate has been exhausted in the payment of bona fide debts,
and that the debt or debts for which such sa'e may be sought, is justly
due and owing: and provided further, that said court shall decree
the sale of such part of the real estate as will be least injurious to the
heirs or legal representatives.
Sec. 5. Suits prosecuted under this act shall be conducted in the
same way as other suits in equity, and sales made un^er this act
shall vest in the purchaser a good and sufficient title in fee simple.
18 2 7—chapter 61.
Slaves not to Sec. 1. No executor or administrator shall make sale of the slaves
nfstratoror «Te- his °r her testator or intestate, unless directed by the will of ihe
cutor! ° °r testator to do so, except in the manner hereinafter pointed out.
administrators and executors.
83
Sec. 2. If any executor or administrator shall think it necessary the^ie"^
to sell or dispose of any slave or slaves for the payment of debts, or siaves.
where it is for the interest of the legatees or those entitled to distri-
bution to make such sale, or where a division cannot be made among
the legatees or distributees of the estate, without sale, in all such
cases, such executor or administrator shall exhibit his petition to the
circuit or chancery court of the county in which the will is proven or
letters of administration granted, setting forth the causes why such
slave or slaves ought to be sold, which petition shall be sworn to; and
if on the hearing of such petition, and any evidence that may be
adduced, the court shall be satisfied of the truth thereof, and that such
slave or slaves ought to be sold, they may order and direct the execu-
tors or administrators to do so; and all sales of slaves made by oxe-
cujors or administrators contrary to the provisions of this act are
hereby declared to be void.
182 7—Chapter 84.
Sec. 1. Where two or more persons shall be qualified as executors
or administrators in any of th.e counties of this state, and one or more Proceeding®
of them shall have removed out of the state, or into another county, ^roi"tarat™sor
so that the process of the law cannot reach him, it shall and may be executors have
lawful for any person or persons having cause of action or complaint, removed,
if said cause of action is within the jurisdiction of a Justice of the
peace, to commence and prosecute his, her, or their suit, before a
magistrate, against the remaining executors or administrators, with-
out including the others, in the same manner as if all were sued, and
judgment be rendered accordingly: Provided that executors and
administrators, so separately sued, shall not be held further liable
than if all were sued, but may avail themselves of any defence that
is now allowed them when all are sued.
18 2 9—chapter 6,
Sec. 1. In all cases wherein administration may be or has been
granted in any county in this state, on the estate of any deceased
person, and wherein the heir or heirs, devisee or devisees, distributee
or distributees, being minors, reside in any other than this state, and
the guardianship of such minor or minors may be or has been granted „
« •• Exficutois
in the state and county in which such minor or minors live and reside, anj administra-
it shall and may be lawful for the executors or administrators in this tors may settle
state to settle with and pay or deliver over to such guardian, any and of"1^f'ano^
all estate in their hands, which shall be as good and valid as if the ther stave.
guardianship had been granted in this state: Provided, that it shall
be the duty of said guardian before he shall be entitled to receive the
estate as in this act provided, to produce to the court of the county
wherein administration has been or may be granted, a certified copy
of the record of his appointment as guardian, with certificates of the
clerk and judge that said appointment is in due and legal form under
their laws; also, a copy of his bond as guardian; also, the certifi-
cate of the clerk of the court, or judge, or justice of the court, granting
such guardianship, the amount of estate that has or may come1 to his
84
administrators and executors.
hands in the state where such guardianship is granted, that they ore
acquainted with ihe guardian and his security,and that they are good
for the amount of the penalty of the bond; which shall le considered
of by the court, and if it thill appear satisfactorily to the said court
that said guardian has been legally appointed, and lhat the security is
sufficient, such court shall order such record and evidence to be
recorded in the clerk's office of the county court, which, w hen record-
ed as aforesaid, shall entitle the guardian to settle as in this act pro-
vided.
18 29.—Chapter 57.
Sixmonti-sai- Section 1. AM rightful executors and administrntors, tote quali-
towed to nscer- fied as such, shall have six months from the date of his qualfication
of estiute.UUatl" as suc^j t0 ascertain the situation of any deceaseo's estate, and to
arrange and settle the same, without being liable to suit and costs.
Sec. 2. Any executor or administrator shall not Le liable to an-
swer any suit or summons, which suit shall be commenced within
w itiu n 6° mo nth s s*x months after his qualification as such; but all such suits, com-
menced as aforesaid, may be abated and dismissed at the costs of
the plaintiff.
1831.—Chapter 22.
pennon1for'Tale Section 1. When the executor or executors of cny last will and
of lands, when testament, which has heretofore I een, or shall hereafter Le proved
personal estate itnc| recorded, not authorized by such will to sell and convey real es-
is exhausted. tate^ have exhausted the personal effects of the testator in pay-
ment of his debts, leaving just demands against the estate, due to
such executor or executors for advances to the estate, or to any other
creditor; and where such testator may have died, seized and pos-
sessed of real estate in any part of this State, it shall and may be
lawful for any chancery or circuit court for the district, where such
lands or any per ion of them are situale, on the petition of the exec-
utor or executors, t j decree a sale of such lands, or so much thereof
as may be sufficient to satisfy the debts or demands set forth in such
bill or petition: Provided, That before any decree shall be made,
as herein directed, it shall Le mace satisfactorily to appear to the
court before which the bill or petition is exhibited, that the personal
estate of the testator is exhausted, and that the debt or demand for
which such sale is justly due to the creditor of the estate, or to the
executor or executors, for advances made by such exec itor or exec-
utors, out of his own means, for the discharge of just demands against
said estate: and Provided also, That said court shall decree a f ale of
such portions of the real estate, as may prove least injurious to the
heirs at law and legal represen'atives.
Suits tob»con Sec. 2 Suits prosecuted under this act, shall be conducted as
ducted a« chan* other suits in equity, and that the title to land sold under the same,
cy euits. vest as jn 0iher decrees in chancery.
1831.—Chapter 23.
curities of Section 1. The provisions of the act of 1822—Chap. 57, shall
toteStouew aot ©*tend to exempt executors or administrators; qualified as such,
administrators and eyecutors.
85
from any suit or summons, by the security or securities of the intes- bonds, &c. may
tate or testator, as the case may be, on bonis, bills or notes of hand,* ^ont^slthiu 8U
bat in all sach cases, the saii security or securities, when they have
been sued after the de ith of said intestate or testator, and a recovery
had therein, shall an I may forthwith have their remedy by action at
law, or bill in equity; or upon m >tion as security for the intestate or
testator, against the said executor or executors, administrator or ad-
ministrators.
Sec. 2. N o executor or administrator shall confess any judgment Executor or
in favor of any creditor of any decedent, within less than six months adrmnist'r not to
from his qaalifbation, nor surfer any j ldgment to go against him with- wawnduiont'ha1
in saii time, by defalcation or otherwise; and if any judgment be ob-
tained as aforesaid, the same shall be void; but it shall be the duty
of every executor or administrator, to plead the said act of 1829, to
all suits brought against him within said time, an 1 on failure, it shall
be considered a devastavit, except in cases provided for in this act.
Sec. 3. Nothing in this actor in the act of 1829—Chip. 57, con-
tained, shall be held or construed to prevent the reviving of judg-
ment obtained against the deceased, in his lifetime, in the same man-
ner which was in force at the passage of the act of 1829.
1831.—Chapter 24.
Section 1. The County Courts in this State shall have jurisdic- (Jounty court
tion to grant letters of administration or letters testamentary, upon ada
the estates of persons residing at the time of their death in other estate of persons
Slates or Territ ories, or foreign countries: Provided, That the goods, residing out of
chattels or effects of such deceased person are wi.hin the limits ofthestate*
this State: and Provided, the said deceased person, at the time of his
death, had real esstate within the limits of this State, (r.)
Sec. 2 The County Court of the county where the land or any Administra-
part thereof lies, or where goods, chattels or effects are situated, 'J" becej^nt"
shall have jurisdiction to grant letters of administration, or letters where land or
testamentary, upon the administrator or executor giving bond and soods »*e.
security, as now required by law: and in cases where lands or per-
sonal giods, chattels and effects are situated in different counties, or
debtors to the testator or intestate, reside in different counties, the
first administration granted, shall extend to the limits of the State,
and prevent any other administration being granted.
Sec. 3. No letters of administration shall be granted in any case no adminis-
where the testator or intestate departed this life twenty years before Nation after 20
application made for letters testamentary or letters of administra- years'
tion, but all letters testamentary, or of administration granted after
the said period of twenty years, shall be utterly void and of no ef-
feet. (Exception 1835—Ch. 83.)
18 32.—Chapter 10.
Section 1. In all the cases mentioned in the 1st. Sec. of the act Execution not
of 1831—Chapt. 23, no execution shall issue until after the expi- to issue until af-
(r) Previous to the passage of this act, administration of the goods in this state,of a non-resident, could
be granted by the county court where the goods were at his death. 4 Yerg. 57.
86
administrator and executor.
ration of twelve months from the granting of letters testamentary,
or of administration as the case may be.
1833—Ch. 33.—(Duty of administrators when intestate dies in-
solvent.)—See Insolvent Debtors.
18 33.—Chapter 51.
Section 1. In all cases where a last will and testament has been,
or shall be executed and recorded according to law, the executors
Ex. may sell authorised by such will to sell lands, may execute deeds, and make
land by attorney, agreements to sell by attorney or attorneys: Provided, the power
of attorney be duly executed, proved and registered in the county
where the land lies, which deed or agreements when made, shall
have the same force and effect as if executed by the executor and no
other.
18 3 5.—Chapter 86.
Section 3. The third section of the act passed the 16th of Decern-
ber 1831, so far as it prohibits the granting letters*of administration
where the testator or intestate shill have departed this life twenty
years before the application is made, be and the same is hereby re-
pealed, so far as it relates to infants and feme coverts, who may be
entitled to distribution of the estate of said decedent; and it shall be
lawful for administration to be granted at any time within thirty years
from the death of said testator or intestate, to any persons entitled
to distribution as aforesaid, who were infants or femes covert at the
time of the death of said testator or intestate.
Act oft 831—
ch. 24, 53, »re-
pealed in part.
ALIENS.
1809.—Chapter 53.
Preamble. Whereas, American citizens are debarred the right *of succession to
any real estate which might descend to them by the death of rela-
tions, within the kingdom of Great Britain; and whereas, it is in-
consistent with the protection which this State owes to its citizens,
to allow British subjects to inherit estates within this State, when
American citizens are not allowed the same right of inheritance
within the dominions of the British King: Wherefore,
aliens.
87
Section 1. In all cases where any person within this State, shall Aliens excluded
die intestate, without issue, and possessed of any estate, real or per-
sonal, the said estate and every part thereof, shall descend to such
person or persons who are next of kin to the said decedent, arid resi-
dent within the United States, to the perpetual exclusion of ali-
ens, who might be related to the said decedent in a nearer degree.—
And in all cases where any person dying as aforesaid, shall leave no re-
lations within the United Stales, then, and in that case, the estate,
whereof such decedent may die possessed, shall descend to the trustees
of the academy of the county in which such person had his usual place
of residence, at or before his deadi, and the said estate shall belong to
said trustees, in trust, for the use of the academy whereof they may
have the superintendence. {To common schools by act of 1627)
Sec. 2. In all cases where any alien or aliens hath acquired a Aliens not to
right of succession to the estate of any person or persons, who may succeed to estate
have died intestate, without issue within this State, the said alien or
aliens shall be forever barred of succeeding to the said estate, unless, 5
within twelve months from the passage of this act, the said alien or
aliens shall remove within the United States, and become a citizen or
citizens thereof, in conformity with the laws of naturalization, pre-
scribed by the Congress of the United States, and all and every p irt
of any estate to which any alien or aliens may have a right of sue-
cession, and which may be forfeited by a non-compliance with the
terms of this act, shall descend to the person or persons who maybe
next of kin, to the said decedent, and resident within the United
States, to the perpetual exclusion of said alien or aliens; and in de-
fault of kin, who may have aright of succession, the estates forfeit-
ed as aforesaid, shall be invested in the trustees of some literary in-
stitution as provided for in the first section of this act.
1819.—-Chapter 36.
Whereas it has been the policy of the United States, to encourage
emigration from other countries, with a view to an increase of pop-
ulation and strength, and many good persons, relying on this de-
clared policy, have come from other nations and settled among us,
and by their industry, or that of their ancestors or relations, ob-
tained possession of mUch property in this State, claiming by pur-
chase or descent; and impressions are entertained by some, that the
State may have a right to deprive them thereof, by inquisition,
which it is believed would be highly impolitic and unjust, there-
fore to confirm their titles:
Section 1. All persons not having been born in the United ti^ienstol,ave
States, otherwise citizens thereof, who have come to the United 1 6 oproperty-
States, and settled themselves in Tennessee, honestly intending to
reside therein, and become citizens thereof, and having acquired real
estate by purchase, or having taken possession of the real estate
of their deceased ancestors, or relations, which they would
inherit, if citizens of the United States, claiming the same by descent,
sh ill have, hold and enjoy the same, and have the title thereto, in
law and equity, which they would have, had they been native citi-
zens of the United States; to have and to hold them, their heirs and
assigns forever, in fee simple. Provided, said person or persons
have heretofore made report and registry of him, her or themselves,
88
AMENDMENT.
and of his, her or their intention to become a citizen or citizens of
the United States, and the State of Tennessee, or shall hereafter
mxke such report and registry within one year from and after the
first day of July next, and shall, within five years thereafter, Lecorne
a naturalized citizen or citizens of the United States, unless prevent-
ed by death, or causes beyond their control: And Provided no per-
son refusing or failing, except for causes as aforesaid, to comply with
this act, shall derive any benefit therefrom.
1827, Cir. 64.—(Property of aliens to go to Common Schools.)
See Common Schools.
AMENDMENT.
1794.—chapter 1.
Section 27. All the statues of England and Great Britain, for
the amendment of the law, commonly called statues of jeofails, and
TheEn-iish which were heretofore enforced in this government, by any act or
stat ies °^eo" acts of the General Assembly, under the late government are here-
ai i m orce. ^ declared to have continued, and to be now in full force in this gov-
ernmen*, and shall be duly observed by all judges and justices of the
several courts of record, within the same, according to the true in-
tent and meaning of the said statutes, unless where the same are or
may be altered by this or any other act.
1801.—chapter 6.
Bii's in equity SEC* 8* Complainant may amend his bill before the defendant or
meyKe amended his attorney hath taken out a copy thereof, or the clerk hath issued
elf'or rafte'S9Uin l',G same> or he may amend in a small matter afterwards without
small matters'" pa)ing costs; but if. he amend after such copy hath issued, he shall
without costs, pay the defendant all costs occasioned thereby.
1809—Chapter 49.
Sec. 21. No summons, writ, declaration, return, process, 01 other
Defects, omis- ceeding, in any civil suit or action, in any circuit court, or county
sions, fee., in all r e- ■-> ? . J
process may te court in this state, shall 1 e abated or quashec, tor any (.mission, do-
amended, if the fect5 or imperfection; but the said courts respectively, shall and may
"tonis notchar" by virtue of this act, from lime to time, permit either of the parties
6ed. to amend any such omission, defect, or imperfection, upon such
amendments.
terms as the said courts respectively shall in their discretion, and by
their rules prescribe: Provided, the nature of the action shall not be
changed by such amendment, and that all civil causes shall be tried
on their merits, without being entangled in the nice formalities of the
law. (a)
1811—Chapter 72.
Sec. 14. No writ of error, assignment of error, or other proceed- . N° proceed-
ing in the supreme court of this state, shall be quashed or dismissed prime11 court "to
for any defect, omission or imperfection, but said court shall and be quashed for
may, from time to time, allow either of the parties to amend the defect) omission,
same, as other amendments are allowed of in the olher courts of this c*
state.
182 1—Chapter 21.
Sec. 1. When any party may take an appeal from any decision of
a Justice of the peace, to the circuit court, and exception shall be ta- appeals fromfus
ken to the form of the entry made by such inferior jurisdiction in tices may be a-
granting the appeal, or to the sufficiency of the bail or security given mended-
in said appeal, or to the form of the bond, or that no bond has been
taken, the court shall from time to time, on application, allow the
party making the same, to supply any defect in the proceedings of
the inferior jurisdiction, as though the same had been commenced in
that court.
APPEALS AND WRITS OF ERROR.
17 9 4—Chapter I.
Sec. 37. The superior courts shall have power and authority to abtaining^wrhs
grant writs of error, for correcting the errors of any inferior courts; of error.
(a) The statute of amendments do not apply to qui tarn actions—1 Ten. 380.
2. Amendments maybe made at any time of the proceedings, provided the opposite party be put in no worse
condition.—2 Tenn. 54.
3. The court in making amendments cannot insert an untruth, and say that areturn was made by the sheriff,
which never was made by him. 4 Hay, 197.
4. A circuit judge has no authority to amend defects or omissions in the records of the previous term, from
his memory.—Peck's 140.
5. When suit is commenced in the name of the equitable owner of a note, the warrant cannot be so amended
as to insert the legal owner.—2 Yerg.576.
6. An appeal from ajustice, not stating the court appealed to, may be amended in the circuit court,the ap-
peal bond showing the court appealed to.—3Yerg. 311.
7. The circuit court may permit the name of a firm to be inserted after verdict.—4 Yerg. 165.
8. A warrant may be amended by inserting the Christian names of the plaintiffs, but the securities in the
appeal are discharged 5 Yerg. 287.
9. After evidence closed the name of a party may be stricken from the writ and declaration, if he have no
interest—-6 Yerg, 493.
13
90
appeals and writs of error.
and the party praying such writs, before the same shall issue, shall
assign error, and give bond and security to the satisfaction of the
court, to abide by, perform, and fulfil the judgment which shall be
given thereon by such court; and if upon argument of any writ of
error, or trial of any appeal from an inferior court the judgment or
decree of the inferior court shall be reversed, the superior court shall
grant judgment, or make such decree thereupon as should have been
made up or entered in such inferior court, and shall and may issue
execution thereupon, without granting a writ of procedendo; and to
prevent the obtaining of writs of error by surprise, the party praying
Ten da s no suc^ W1 ^ *n a c*v^ causej shall give notice in writing to the adverse
tice to adverse party, at least ten days before motion, of his intention to move for
party. such writ; and no such writ shall be granted without affidavit of such
notice.
Sec. 54. If either party in a trial before a Justice of the peace
shall be dissatisfied with the judgment of such justice, such party may
Appeal to the appeal to the next eircuit court, first giving security for prosecuting
togCbond>and'«e- suc^ aPPea^ with effect, which said appeal shall be tried and deter-
eurity. mined at the first court by a jury of good and lawful men: Provided,
that the cause shall be tried by and the appeal made from such jus-
Appeal to be tice five days at least before the term to which the appeal shall be
taken five days made, otherwise the cause shall be continued to the next succeeding
Justicetcnium- term: and provided further, that the justice or justices, before whom
mon witnesses, the suit was first heard, shall, at the request of the respective par-
ties, summon such witnesses to court as they shall name, (a)
Sec. 63. When any person or persons, either plaintiff or defend-
ant, shall be dissatisfied with any sentence, judgment or decree of
Appeal from any county court, he may pray an appeal from such sentence, judg-
county to circuit ment, or decree, to the circuit court, but before obtaining the same,
court. shall enter bond with two sufficient securities for prosecuting the
same with effect, or for performing the judgment, sentence, or decree
which the circuit court shall pass or make thereon, in case such ap-
pellant shall have the cause decided against him. (&)
Twelve and a Sec. 64. When any appeal prayed shall not be prosecuted, or the
half percent, on court before whom such appeal may be determined, shall affirm the
judgmenTon ap- judgment, then shall the.appellant be decreed to pay the appellee
peaia. twelve and a half per cent, interest, from the passing of the judgment
in the county court; and the bonds taken for prosecution of appeals
adePart of the e^ect shall hereafter make a part of the records sent up to the
records. superior court, on which judgment may be instanter entered up
against the appellant and his scurities.
Writs of error Sec 65. When any person shall be desirous to prosecute a writ of
in county court, error he shall move the county court, where such suit is or has been
depending, to allow a writ of error, he first entering into bond and
(a) To give an appellate court jurisdiction, the record must show, that an appeal was prayed—4 Yerg.
298.
(J) An appeal bond wassigned and sealed, but in blank asto names and sums: nor did it appear that the
appeal was granted by the county court—and on this last ground the appeal was dismissed,—1 Tenn.313.
2. An at'orney may pray an appeal, and one security if sufficient may be received.—1 Tenn. 343 .J 299.
3. No judgment can be entered against the securities in an appeal bond, unless the bond is in strict confor-
mity with thisact.—2 Yerg.321.
4. When an appeal bond is taken for less than double the amount of the judgment appealed from, the securi-
ties are not discharged for this defect —5 Yerg. 288.
5. When the appeal bond is taken for "costs and damages" only, no judgment can be rendered against these
curities except for "costs and damages.—5 Yerg. 296.
appeals and writs of error.
91
security to the satisfaction of the court to abide by, perform, and ful-
fil the judgment which shall be given thereon by such court, and the
court is hereby empowered and required to allow thereof, as if such
writ of error should be then and there produced from the superior
court. Transcrl t to
Sec. 66. When any person shall have appealed to the circuit court be delivered to
in the manner above directed, a transcript of the record of the suit on circuit court ci'k
which the appeal shall be made, shall be delivered to the clerk of the forecoun^other
circuit court at least fifteen days before the sitting of the term, and Wjse the'judg-
shall by him be filed the same day on which he receives the same; ment may be af-
and if such transcript of the record is not filed within the time afore- firmed-
said, or if the appellant shall fail to appear or to prosecute his appeal,
then the judgment, sentence or decree of the county court shall be
affirmed.
Sec. 67. For prosecuting writs of error the following method of Mode of prose-
practice shall be observed: a transcript of the records and proceed- error Writ" °f
ings in the county court, in the suit in which any writ of error shall
be granted or allowed, shall be transmitted and delivered to the clerk
of the superior court at least fifteen days before the sitting of the
term. And in ease the plaintiff in error shall neglect to file such
writ, and assign error as aforesaid, or shall fail to appear, or to pro-
secute the same, then the judgment of the county court shall be
affirmed: Provided, that if it shall so happen, that there shall not be
thirty days between the last day of the term or hearing in the county
court and the next term of the superior court, to which such appeal
shall be made, or writ of error allowed, then such appeal or writ of er-
ror shall be continued, and a transcript of the records and proceedings
shall be transmitted and filed in like manner in the office of the supe-
rior court, the term succeeding that which shall immediately follow
such county court term, in which such trial and hearing shall be
had as aforesaid.
Sec. 69. The clerk of the superior courts respectively, upon re- Duty of cierka
ceiving a transcript of the record and proceedings in any suit, on of the superior
which an appeal shall be made or writ of error allowed, shall give a c?urta on re?ei*
receipt to the person delivering the same, and shall immediately en- 0f records on'ap-
dorse thereon the day on which it shall be delivered; and if he receive peal or writ of
it in fifteen days before the sitting of the term of the then next supe- error;
rior court, he shall enter it on the docket of causes for trial, and deli-
ver to the parties such summonses for their witnesses as they may
require; but if such transcript shall be delivered to the clerk of the
superior court within fifteen days before the sitting of such term as
aforesaid, then such clerk shall enter the cause on the reference
docket of such court, and if the clerk of any superior court shall
refuse or neglect or omit to do any of the duties which he is here-
by required to perform, such clerk shall, upon trial and convic-
tion, be deemed guilty\)f misbehaviour in office, and shall forfeit and
pay to the appellant or plaintiff in error, two hundred and fifty dol-
lars, to be recovered by action of debt in any court having cognizance
thereof, and be further liable to an action on the case, for all damages
which such appellant or plaintiff in error may sustain by reason of
such refusal, neglect, or omission.
1799. Ch. 12, §1.—(Writs of error not endorsed after two years,
Fee Limitations,)
9 2
appeals and writs of error.
18 0 1—chapter 6.
What will be Sec. 64. A judgment on confession at law, or filing an injunction
rnra'eaSe °f er" *n e(luity> slisill be equal to a release of errors.
180 9—Chapter 49.
Sec. 26. Writs of error shall lie from the respective circuit
courts to the supreme court ; and it shall be the duty of the judge, on
application, to grant such writ of error, and to take good and suffi-
cient security from the party demanding the same, that the said party
shall prosecute his writ to effect, and answer all damages and costs,
if he fail to make his plea good.
18 0 9—Chapter 63.
Sec. 1. When any person or persons maybe dissatisfied with the
Appeal judgment of any justice of the peace in any civil cause, such person
from justice to or persons so dissatisfied shall have a right to pray an appeal to the
andCiroceedi Ufs next court °f the county in which said judgment was rendered:
thereon?66 'ngS Provided, that it shall not be the duty of any justice of the peace to
grant an appeal, when prayed, unless the appellant, either by him-
self, his agent, or attorney, enter into bond with good and sufficient
security, with a condition to prosecute said appeal, (c)
Justice to car ®EC- When any person, by themselves, their agent or attorney,
ry up papers by maY have prayed an appeal from the judgment of any justice of the
tbe second day peace to the circfuit court, and hath complied with the requisites con-
of term. tained in the first section of this act, it then shall be the duty of such
justice of the peace, within the two first days of the term to which the
appeal is made returnable to transmit to the clerk of said court all the
proceedings had in the cause; and if the paper in the cause shall not be
if tii? 'papers returned to the clerk aforesaid within the term aforesaid, it may be
a*8ehee'maynf f°r the appellee on the production of the papers in the cause,
turn them and to move for judgment against the appellant and his securities, for the
take judgment. amount of debt and costs, if he should have been the original defend-
ant; if not, for the amount of costs, and the evidence of the amount
shall be the judgment of the justice of the peace, (d)
Sec. 3. When any appeal shall be returned into the circuit court
Non.Pros: from any justice of the peace, then, and in that case, the plaintiff in
against plaintiff the suit shall appear within the two first days of the term, to which,
in1 two firs Ways ^Y this act, it is made returnable, otherwise the defendant upon mo-
of term. tion, made by himself or counsel, shall have a non. pros, entered
against him; and if the defendant should be the appellant and does
not appear by him or herself, or counsel, within the three first days
(c) If the proceedings returned by the justice do not shew, that he granted an appeal, except the recital in
the appeal bond, the cause will be stricken from the docket-—5 Yerg. 400.
2 The acts requiring security'for debt in cases of appeal, do not apply to administrators and heirs.—5
Yerg. 197.
3- A recital in an appeal bond, will not ofitself be evidence of an appeal prayed and granted by ajustice-—5
Yerg. 439.
4. If the bond for the prosecution of an appeal be lost, the court will permit a new bond to be made-—1
Tenn.338.
frf) An appellee must carry up his judgment for affirmance in twelve months.—2Tenn kttf)
Proceedings on
writs of error
from circuit to
supreme court,
appeals and writs oe error.
93
of the term, and prosecute his or her appeal, it shall be the duty of ^ ains^uddegf™e^
the court, on motion of the plaintiff's counsel to enter up the judg- appealing6 Gand
ment against the appellant and his securities, for the amount of the not appearing in
original judgment and costs; and if the plaintiff should be the appel- JXlffaiipeai.
lant, and the defendant does not appear within the three first days of ing may have
the term, to which such appeal is returnable, then, and in that case, judgment by de-
the plaintiff shall have judgment by default, for the amount of the d®'.
original judgment with interest, pearing.
1811—Chapter 72.
Sec. 11. When either party in any suit, which may be depending proceedings on
in any of the circuit courts, shall be dissatisfied with the judgment of appeals in error;
such court or shall be of opinion that there is error in the record
of the proceedings in such suit, such party, may at the term in which
final judgment is rendered in said cause, pray an appeal in the nature
of a writ of error, to the supreme court which appeal the said courts
are hereby required to grant, first taking bond with sufficient security,
from the party praying the same, that he will prosecute said appeal
with effect, or in case he fail therein, pay and satisfy all damages and
costs which may be awarded against him, her, or them, for wrongfully
prosecuting said appeal, which bond shall be payable to the opposite
party in such suit. (e.)
Sec. 12. Where either party in any suit depending as aforesaid,
shall be desirous of prosecuting a writ of error to reverse the judg- Mode of Qb
ment rendered therein; and shall have failed to pray an appeal in taining writ of
manner herein before directed, it shall be lawful for such party, at error in vaca-
any time within one year from the rendition of such judgment, on tlon;
delivering to the clerk of the supreme court, in the circuit in which
such judgment shall have been rendered, a certified transcript of the
record in said suit, to demand of said clerk a writ of error, to remove
said cause into said supreme court, but such writ of error shall not
operate as a supersedeas, unless the party suing out the same, shall
first obtain from one of the judges of the said supreme court, an order
for a supersedeas in such cause, which order, said judge is hereby Notto t00 e.
authorized to grant, on the petition of the party praying the same: rate°as superse-
Provided, on inspection of the record in said cause, it shall appear to deas unless, &c.
him, that there is error therein, for which such judgment ought to be
reversed; and in all cases of writs of error as aforesaid, the party Error appa-
suing out such writ, shall, before obtaining the same, enter into bond r-ent onrecord:
with security, to be approved of by the clerk issuing such writ, in
the manner herein before directed in case of appeals.
Sec. 13. {Supreme Court may make rules as to the mode of pro-
secuting appeals, &c. See Supreme Court.)
Sec. 14. (No writ of error, or other proceeding in the supreme
court to be quashed or dismissed for defect, omission, or imperfec-
tion, but may be amended. See Amendment.)
(a) An appeal in error maybe prosecuted in forma pauperis, as prescribed by the eel of 1821, chj 22,
sec 2. [See Poor.] lYerg.121. 3Yerg. 421,
94
appeals and writs of error.
1813—Chapter 78.
Appeals iner- ®E0, causes determined in the county courts, when either
ror to supreme party shall be dissatisfied with the judgment of said court, on appli-
t°UcV^rt11 "both cati°nJt^ie party so dissatisfied, shall be entitled to an appeal in the
parties rconse°nt- nature of a writ of error, to the supreme court, both parties consent-
ing: ing, or to the circuit court of the county, under the above rules and
regulations that appeals are granted to the supreme court from the
circuit courts.
1811.—Chapter 119.
Sec. 1. (In appeals from Justices, papers to be returned on second
day of the term, See Justices.)
Sec. 2. If any Justice shall return the papers during the term to
which the same is made returnable, and the appellant shall fail to
appear and prosecute his appeal, provided he should be defendant in
the original suit, the plaintiff shall have judgment final by default, for
the amount of the judgment of the justice: and the court on motion,
shall enter judgment against him or them, his or their security or
securities, for debt and costs; and if the plaintiff shall be appellant,
and shall fail to appear within the term, he shall suffer a non pros.,
and the defendant on motion, shall have judgment against him and
his securities for all costs; and when the parties shall appear, and
the trial shall be had on the merits of the cause, and judgment against
the appellant, judgment shall be entered against his security or secu-
rities, on motion, as in other cases provided for in this act.
1813, Ch. 131, § 2. (Original plaintiff required to give security,
for costs.—See Costs.)
1 8 1 7.—Chapter 119.
Judgt. against Sec. 2. In all cases, when any cause shall be brought up by cer-
principal and se- tiorari or appeal, from any inferior to a superior jurisdiction, and the
a^eaTor c^tio" same shall be dismissed for want of prosecution, or for other causes,
rari is dismissed, it shall be the duty of the court, dismissing the same, to enter judg-
ment against the principal and his securities, for the amount of the
judgment below, with costs, and twelve and a half per cent, inte-
rest from the date of the said judgment.
18 2 0.—Chapter 9.
Sec. 2. It shall not be lawful for any court within this State, to
n^edafor°want which an appeal may be taken, to dismiss the same, for and on ac-
of reasons filed, count of the failure of the attorney or attorneys of the appellant or
appellants, to file reasons for such appeal.
f In appeals from
Justices, pl'ntiff
to have judg
ment against de-
fendant, appeal-
ing and failing
to appear.
Defendant to
have nonpros.
against plaintiff,
appellant not ap-
pearing.
Judgm't. against
securities in ap-
peal.
APPEALS AN1) WRITS OE ERROR.
1821, Ch. 21,5 1. (Court may supply defects of appeal from Jus-
tices of the Peace. See Amendment.)
18 23.—Chapter 54.
Sec. 2. All appeals in the nature of writs of error, in all actions of Proceedin g on
debt, on bonds for the payment of money, bills single, bills of ex- appeals! °n
change, promissory notes, or liquidated accounts, signed by the par
ties to be charged therewith, hereafter taken from an inferior to a
superior jurisdiction, the security or securities of the party appeal-
ing, shall be bound for the payment of the whole debt, damages, and
costs, and for the satisfaction of the judgment of the superior courts:
Provided however, that in any case when the party shall fail to take
an appeal in the nature of a writ of error, until after the expiration
of the term at which judgment is rendered, and a judge of the circuit
or supreme courts, as the ca- e may be, shall, upon inspection of the
record, be of opinion, from errors apparent upon the face of the
record, that a writ of error and supersedeas ought to be granted, and
shall so direct, then the security, or securities shall be taken, and be
bound, for the damages and costs as heretofore.
Sec. 3. In all cases where an appeal in the nature of a writ of
error shall be taken, as when a writ of error, and supersedeas, shall Damages on
be obtained from a judge of the circuit or supreme court, as the case fffi*mation of
may be, and the judgment of the inferior court shall be affirmed, the ^udgraent'
defendant in error shall recover, in addition to the judgment of the
court below, at the rate of twelve and one half per cent, per annum
interest thereon up to the time of the rendition of the judgment in the
court above; and in all appeals hereafter taken from an inferior to a
superior jurisdiction, when the judgment of the inferior court shall be
affirmed, the plaintiff shall recover, in addition to the judgment of the
court below, at the rate of twelve and one half per cent, per annum
thereon up to the time of the rendition of the judgment in the court
above.
18 2 7.—Chapter 50.
Sec. 1. Any case where an appeal in the nature of a writ of error In what case
shall have been taken to the supreme court of this state, and the ap- obtatn^Wri^of
pellant shall be non-suited on the ground that the record was not error in supreme
brought up within the time prescribed by the rules of said court, court-
the said appellant, notwithstanding such nonsuit, may apply for and
obtain a writ of error within the same time and under the same
rules, regulations, and restrictions, under which he could have ob-
tained the same, if no such appeal, in the nature of a writ of error,
had been taken in said cause. Controversies
Sec. 2. All matters of controversy, relative to the laying off, dis- relative to^oads,
continuing, or establishing any public road, or ferry by the county may be taken to
courts, the parties interested or aggrieved in the premises, shall and thecircuitcourt:
may take the same to the circuit court by appeal.
\PPEALS AM) WHITS Ol l.RKOP.
18 2 7.—Chapter 52.
One or more of Section 1. It shall and may be lawful for any one or more dcfendn n fa
defendants may to pray for and obtain an appeal from any judgment that may be ren-
appeal. dered against him, her or them, jointly with any other or others; and
any such judgment so obtained, shall be and remain in full force and
effect against such defendant or defendants, who do not join in any
such appeal, as fully and completely as if no such appeal had been
prayed for and obtained.
1827.—Chapter 72.
in a eais in ®ECTI0N 1 • In all appeals in the nature of a writ of error, in all actions
error Securities f°unded on bonds for the payment of money, bills, single, bills of ex-
liable for debt, change, promissory notes, liquidated accounts signed by the party
damages ij-costs, to be charged therewith, written obligations for the payment of bank
notes, or promissory notes or bonds, written obligations for the deli-
very of specific articles, or indorsements of any negotiable instru-
ment, hereafter taken from an inferior to a superior jurisdiction,
the security or securities of the party appealing, shall be bound for the
payment of the whole debt, damages and costs, and for the satisfac-
tion of the judgment of the superior court where such Gause may be
. finally tried and determined; provided, that in any case where the
and supersedeas Party shall fail to take an appeal in the nature of a writ of error until
in vacation, se- after the expiration of the terifi at which judgment is rendered; and
curity bound for a judge Gf the circuit or supreme court, as the case may be, shall,
^amages # costs UpQn ingpection Qf the record, be of opinion, from errors apparent on
the face of the record, that a writ of error and supersedeas ought
to be granted, and shall so direct, then the security or securi-
ties shall be taken, and shall be bound for the damages and costs
only.
1829, Ch. 33, § 5.—(Compromise made after appeal, execution
to issue. See Justices of the Peace.)
1829, Ch. 70.—(Appeals to operate as writs of error in cases of
roads and ferries. See Roads.)
18 2 9.—Chapter 103.
Section 2. The circuit or supreme court shall not in future dismiss
Appeals and any WJqt cf error, or appeal in the nature of a writ of error, for want
nonobedismTs- of an assignment of errors, or upon any rule of the court, without
sed without de- examining and deciding the same upon its merits, but such courts
merits UP°n the ma7 P^ace any suc^ wiat at t^ie f°ot °f the docket for any irregu-
larity.
18 31.—Chapter 47.
of appeals by Section 2. If any Circuit Judge in this State, shall appeal from
Circuit Judges. decision of any Justice, or from any county court to the circuit
court in any one of the counties of his district, it is hereb\ declared
APPEALS AND WRITS OF ERROR.
97
to be his express duty, on the application of the adverse party, by
themselves or their attorneys or agents, to remove said cause from such
circuit court to any circuit court in any of the adjoining districts,
which the adverse party may choose, and it is hereby declared to be
the duty of the clerk of ihe circuit court, to make out and forward to
the clerk's office to which the venue shall be changed, a full and
complete transcript of the whole record and papers filed in his office:
and if any Judge shall fail, refuse or neglect to make the transfer of
any cause as herein directed, he shall be deemed and taken to be
guilty of a misdemeanor in office, and on conviction of such offence
before the constitutional tribunal shall be removed from office.
18 31.—Chapter 49.
Section 1. Where any party shall apply for an appeal from the
final judgment or decree of the Court of Chancery, or the Circuit
Court sitting as a court of Equity, to the Supreme Cqmrt, it shall be ofappeaisfrom
the duty of the inferior court, to grant such appeal on such appel- Chancery to Su-
lant entering into bond with good security, to prosecute such appeal preme Court*
with effect, or in case of failure, to pay the money that may be de-
creed, and also to pay and answer all damages and cost, which the
appellee may sustain by reason of such wrongful appeal, provided
that, in all such cases of appeal where money is not decreed to be
paid, security shall be required for the payment of the costs only of
the appeal.
Sec. 2. In all cases of appeals in Equity, the appeal bond shall Where n eal
constitute part of the record, and if the appellant fail to prosecute his not ^prosecuted
appeal with effect, the court above shall thereupon on motion of the with effect,
appellee or his council pronounce a decree against such appellant
and his securities, to the amount of their respective liabilities, incur-
red by the taking the appeal and the execution of the bond aforesaid.
18 3 3.—Chafer 78.
Section 1. In all cases which may be commenced before a Jus-
tice or Justices, in which judgment may be rendered in favor of the notCir1cv"j1t
plaintiff, and said plaintiff shall take an appeal to the circuit court, favofabioITdg*
and said court, to which said appeal may be taken, on the trial of forpiff. th'nJus-
said cause, should not give a judgment more favorable to the plain- ^c®'t c®'avt®
tiff than that given by the justice or justices before whom said cause against piff.C°S *
was originally tried, making allowance for the difference occasioned
by the interest accruing, it shall be the duty of said court to give
judgment in favor of iho plaintiff for the amount so by him recovered,
together with the costs recovered before the justice or justices who
tried the cause, and at the same time to give judgment in favor of
the defendant against the plaintiff, for all costs occasioned by such
appeal.
1735, Ch. 17, {10.—(Two days for appeal and stay. See Execu-
tion.)
14
APPRENTICES.
APPRENTICES.
176 2—Chapter 5.
Sec. 19. When the estate of any orphan shall be of so small value
Orphamnvith- that no person will educate and maintain him or her, for the profits
beboun'dappren- thereof, such orphan shall, by direction of the court, be bound appren-
tices and the pro tice; every male to some tradesman, merchant, mariner, or other per-
ceedingstheremi son^ approve(j hy the court, until he shall attain to the age of twenty-
one years; and every female, to some suitable employment, until her
age of eighteen years; and also, such court may, in like manner,
bind apprentice all free, base-born children; and every such female
child, being a mulatto or mustee, until she shall attain the age of
twenty-one years; and the master or mistress of any such appren-
tice, shall find and provide for him or her, diet, clothes, lodging and
accommodations, fit and necessary, and shall teach, or cause him or
her to be taught, to read and write; and, at the expiration of his or
her apprenticeship, shall pay every such apprentice the like allow-
ance as is by law appointed for servants, by indenture or custom,
and on refusal, shall be compelled thereto, in like manner; and if
upon complaint made to the county court, it shall appear that any
such apprentice is ill-used, or not taught the trade, profession or em-
ployment, to which he or she was bound, it shall be lawful for such
court to remove and bind him or her to such other person or persons
as they shall think fit_ 4
Sec. 20. The binding of such apprentice by order of the court, as
Binding to be aforesaid, shall be by indenture, made in the name of the chairman of
tween chairman court> an^ his successors, of the one part, and of the master or
and master. mistress, to whom he or she shall be bound, of the other; which in-
denture shall be acknowledged or proved, before such court, and
recorded, and a counterpart thereof shall remain and be kept in the
clerk's office, for the benefit of such apprentice, and any person or
Persons inju- Pei'sons injured, may and shall, at his or her costs and charges, prose-
red may BUe on cute a suit thereon, in the name of such chairman, or his successors,
bond. and recover all damages which he or she may have sustained by rea-
son of the breach of the covenants therein contained; and if any ver-
diet or judgment shall pass for such master or mistress, he or she
shall receive costs. (a)
182 5—Chapter 46.
Children aban ^EC* ^ S^a^ an<^ may f°r the county court of any
doned to be county in this state, when it shall satisfactorily appear to said court,
bound out. that there is in their county any child or children, the father of whom
has totally abandoned and utterly fails or refuses to provide for their
(a) An action on an apprentice indenture, is given to the apprentice himself, at his costs, and the reco-
very is for his use alone. 4 Hay. 102.
2. An indenture of apprenticeship executed by the father of a minor, and not by the minor, conveys no
right the custody of his person or his labor: it is not binding the minor. % Yerg. 546.
3. An indenture of apprenticeship cannot be assigned; Ibid.
ARBITRATION*
99
support or maintenance, to bind out said child or children, as though
the said parent was deceased: Provided, no such child or children
shall be bound out as aforesaid, except the assent of the morther is
first made in open court.
ARBITRATION.
18 0 6—chapter 46c
Sec. 1. In all cases that may be pending in any court in this state*
that shall or may be referred by mile of said court, to referees, it shall
and may be lawful for the parties litigant, to apply to the clerk of the
court in which such cause mxy be pending, or to the justice before in cases refer,
whom it is returned (as the case may be) for a subpoena for such [fcde tissue sub*
witnesses as they may deem necessary, to compel their attendance; p(Ena for witJ
and the officer serving the same shall be entitled to the same fees as nesses.
for similar services; and the witnesses so attending, shall receive
the same pay, and be paid in the same manner, as witnesses attend-
ing in like cases, before a court or justice, and shall be subject to the
same penalties for non-attendance.
Sec. 2. When any persons, who may have any matter in-dispute
which they wish to refer or arbitrate,, it shall and may be lawful for
either party to apply to any justice of the peace in the county where
such dispute may arise, for a subpoena for such witnesses as they Any justice
may require; and it shall be the duty of any constable of the county for witnesses?
where such witnesses may reside, to execute and make return there-
of, and the witnesses shall receive the same pay, to be paid by the
party against whom the award may be made; and they shall be sub-
ject to the same penalties for non-attendance as in similar cases; and
the officer summoning such witnesses, shall receive the same fees as-
for summoning witnesses to attend before a Justipp; of the peace,- (a)
ARMS.
Constitution, Article 1. Section 26 and 28.
1801—chapter 22,
Sec. 6. If any person or persons shall publicly ride or go armed
to the terror of the people, or privately carry any dirk, large knife,
(«) If the arbitrators disagree and choose an umpire, he only need sign the award. 1 Tenn.3I3:
2. An attorney cannot submit a cause to arbitration without express authority from his client, 4 Hay: 63.
3. Arbitrations between young heirs just come of age, and their guardians, are not binding. 5. Hay-139,
151.
4. An award not under seal can neither transfer title to land nor stop one party from claiming. 5 Hay. 286.
5. Arbitrators are to decide according to their own opinions of equity and conscience, and are BOt restrict-
ed to precedents or positive rules either of law or equity. Feck's r, 274-
100
ARMS.
Judge or jus- pistol, or any other dangerous weapon, to the fear or terror of any
tire to bind over person, it shall be the duty of any judge or justice on his own view,
parsons going ar- or the information of any other person on oath, to lind such
e ' person or persons to their good behavior, and if he or they fail to
find securities, commit him or them to jail; and if such person or per-
sons shall continue so to offend, he or they shall not only forfeit their
recognizance, but be liable to an indictment, and be punished as for
a breach of the peace, or riot, at common law.
18 2 1—Chapter 13.
Five dollars fine Sec. 1. Every person so degrading himself by carrying a dirk,
forenrrving cer- sword cane, Spanish stiletto, belt or pocket pistols, either public or
tain weapons, private, shall pay a fine of five dollars for every such offence, which
may be recovered by warrant before any justice of the peace, in the
name of the county for its use, in which the offence may have been
committed; and it shall be the duty of a justice to issue a warrant
on the application, on oath, of any person applying; and it shall be
the duty of every judge, justice of the peace, sheriff, coroner, and
constable within this state, to see that this act shall have its full
Officers to at e^ect: Provided, that nothing herein contained shall affect any per-
tend to this act. son that may be on a journey to any place out of his county or
state.
18 2 5—Chapter. 19.
sheriff or other Sec. 1. When any sheriff, coroner, or constable, shall know of
officer to arrest his own knowledge, or upon the representation of any person, or if
ed^of3ear^iu" or have good reason to suspect, any person of being
arms to commit armed with the intention of committing a riot or affray, or of wound-
a.breach of the jng or killing any person, it shall be the duty of all such officers,
peace* immediately to arrest all such persons so suspected, and return them
before some justice of the peace, whose duty it shall be, upon proof
being made, that there was reasonable ground to suspect such person
or persons for being armed, with intent to disturb or commit a breach
of the peace, to bind such person or persons in a bond with two or
more good and sufficient securities, in a sum of not less than two
hundred and fifty dollars, and not exceeding two thousand dollars,
conditioned for his or their good behavior and peaceable deport-
ment for the term of twelve months thereafter.
Justicesrto cause Sec. 2. If any justice of the peace shall know of his knowledge,
such persona to or have reasonable cause to suspect, any person or persons of being
be arrested- armed with intent to commit a breach of ihe p'eace, it shall be the
duty of such justice of the peace, to cause such offender or offenders,
to be arrested and immediately brought before him or some other
justice for examination, and upon its being satisfactorily made to ap-
pear, that such person or persons was armed or about to be armed
with intent to commit a breach of the peace, such justice shall bind
such offender or offenders in bond and security, as specified in the
first section of this act.
Bonds how ®EC* bonds V act squired to be given, shall be made
sued on. ' payable to the chairman of the county court in which the same shall
be executed, and his successors in office, and «=hall be filed in the office
ATTACHMENT.
101
of the clerk of said court; and it shall be the duty of the solicitor for
the state, when he shall believe such bond to be forfeited, to issue
scire facias thereon against such offender and his securities, and the
amount collected shall be by the sheriff paid to the county trustee for
county purposes.
Sec. 4. Any justice of the peace, sheriff, coroner, or constable,
when acting under the provisions of this act, shall have power and to assist in arrest
authority to sumnon as many persons as they may think proper, to
assist in arresting and securing any such offender, and any person so
summoned who shall fail or refuse to assist such officer, for the pur-
peses aforesaid, shall forfeit and pay the sum of ten dollars and cost,
to be recovered before any justice of the peace, for the use of the
county; and it shall be the duty of such officer, when he may have
sumnoned any person to assist as aforesaid, and such person shall
fail or refuse to obey such summons, to prosecute such defaulter be-
fore some justice of the peace, for the above penalty, and give evi-
dence, of such summons and default.
Sec. 5. When any person shall be brought before any j ustice of the per80Tig refUa.
peace as required by the first and second sections of this act, and ing to give bond,
shall fail or refuse to give the security required, it shall be the duty to be committed,
of such justice, to commit such offender to the nearest sufficient jail
for safe keeping, until such security is given, or he shall be dischar-
ged by due course of law.
Sec. 6. If any sheriff, coroner, or constable, shall knowingly fail officers, who
or refuse to perform any of the duties required by this act, it shall be neglect, howpu-
deemed a misdemeanor in office, and upon conviction thereof, shall mshed*
be fined at the discretion of the court, in a sum not exceeding fifty,
nor les than ten dollars, and shall furthermore be removed from office
and be disqualified from holding the same office for five years.
ATTACHMENT.
179 4—Chapter 4.
Sec. 19. Upon any complaint being made on oath, to any of the jud„e or j„s.
judges of the circuit court, or to any justice of the county courts, by ti<-e to issue nt-
any person or persons, his, her, or their attorney, agent, or factor, that tayhmentono'tu
any person has i-emovcd, or is x-emoving him or herself out of the county 01 plamtljr' $'c*
privately, or so absconds or couceals him or herself, that the ordinary
process of law cannot be served on such debtor; and if such plaintiff,
his, her, or their attorney, agent or factor further swears to the amount
of his, her, or their debt, or demands to the best of his, her, or their
knowledge and belief, it shall be lawful for such judge or justice, and
he is hereby empowered and required to grant an attachment against
the estate of such debtor, wherever the same may be found, or in the
hands ot any person or persons indebted to, or having any of the
effects of the defendant, or so much thereof as shall be of value suffi-
cient to satisfy the debt or demand, and costs of such complaint; which
ATTACHMENT*
attachment shall be returned to the court where the suit is cogniza-
ble, and shall be deemed a leading process in such action, and the
same proceedings shall be had thereon as in judicial attachments:
To t Provided, that every such judge or justice, before granting such
and Vecurity0^ attachment, shall take bond and security, of the party for whom the
double the debt, same shall be issued, his, her, or their attorney, agent or factor, pay-
able to the defendant, in double the sum for which the complaint shall
be made, ^conditioned for satisfying all costs which shall be awarded
to such defendant, in case the plaintiff shall be cast in the suit, and
Bend andaffi- a^s0 damages which shall be recovered against the plaintiff in any
davit to be re- suit or suits which may be brought against him for wrongfully suing
turned to court. out such attachment,- which bond together with the affidavit of the
party complaining, subscribed with his proper name, shall be return-
ed by the justice taking the same, to the court to which the attach-
mentis returnable; and every attachment issued without bond and
Attachment affidavit, taken and returned as aforesaid, shall be abated on the plea
without ~bond & 0f defendant. (a)
a davit abated. gEC- 20. It shall and may be lawful for any justice of the county
courts, upon complaint made to him by any person or persons as afore-
issuftauaciuneiu sa^' to issue attachments under the rules and regulations before
mentioned, and make the same returnable to any of the said courts
where the same is cogpizable.
Sec. 21. When any person who shall be an inhabitant of any
sons'hdngouuif °ther government, so that he cannot personally be served with pro-
the state maybe cess, shall be indebted to any person a resident of this state, and has
attached. any estate within the same, any of the said judges or justices may
grant an attachment against the estate of such foreign person under
the rules, restrictions and regulations before mentioned; and the
same proceedings may be had thereon; and in case of the death of
Estate of non- any debtor residing without the limits of this state, leaving lands or
resident dead other property therein, the creditor resident within the state shall in
may be attached manner be entitled to recover, by attachment against the exe-
cutors and administrators; and execution shall issue accordingly
against the property so left within the government. (b)
Sec. 22. When any goods or other estate shall be attached by vir-
Estate attach, tue of any attachment, whether judicial or original, it hall and may
vteT%rbViving f°r defendant or defendants, his, her, or their attorney
bond and securi- agent or factor to replevy the same by giving bond with sufficient
*y» security to the sheriff or other officer serving such attachment;
which said bond, the sheriff or other officer is hereby empowered and
required to take, to appear at the court to which such attachment is
returnable, and to abide by, perform and satisfy the order and judg-
(a) Money collected by a sheriff on an execution, cannot be attached in his hands. 1 Tcnn. 2U8.
2. An attachment is a lien upon the property attached from the time the attachment is returned, and the
return becomes matter of record. Cook, 254.
3. On a judgment on attachment a Jifa or an order of sale may issue; but if a Jifa is issued the property
attached is thereby released. 2Tenn.273.
4- The oath required to be taken cannot be contradicted in order to defeat the attachment. Peck, 198.
5. On an attachment, the cause cannot be fixed in court, unless there has been a levy on property or a gar
nishee summoned having funds in his hands. Peck, 296.
6. Ail attachment cannot issue against a person who has moved away openly and notoriously, or when be
has removed and is residing in another county in the state. 3 Yer. 414.
7. An affidavit stating that the^defendant. "has removed himself, so that the ordinary process of the
law cannot be served on him1' is not sufficient to authorize an attachment. A bare removal is not sufficient—
it must be privately. 4 Yerg. 162.
(b) The courts of this state have no jurisdiction of an original attachment, when neither the plaintiff nor
defendant are citizens of the state. 6 Y erg. 472.
attachment.
105
ment of such court; and when the estate attached, shall by three jus-
tices of the county court, to be summoned by the sheriff for that pur-
pose, be certified on oath to be perishable, and the person or persons perishable
to whom it belongs, his, her, or their attorney, agent or factor, shall property to be
not within sixty days after serving such attachment, replevy the sol^f
same, then such estate shall be sold, at public vendues by the sheriff V1C m
or other officer, he having first advertised such sale at the courthouse,
and other public places in his county, at least twenty days before the
sale; and the money arising by such sale shall be liable to the judg-
ment obtained on such attachment, and deposited in the hands of the
clerk of the court to which the process shall be returnable, there to
await the event of such judgment. And where the sheriff or other
officer shall serve an attachment in the hands of any person or per-
sons supposed to be indebted to, or supposed to have any of the effects
of the party absconding, or residing out of the government, he shall
at the same time, summon such person or persons as a garnishee or
garnishees, in writing, to appear at the court to which the attachment Garnishee
shall be returnable, within the first four days of the first term thereof, appearand
there to answer on oath, what he or she is indebted to the defendant, answer.
and what effects he or she hath of the defendant in his or her hands,
and had at the time of serving such attachment, and what effects or
debts of the defendant there are in the hands of any other, and what
person, to his or her knowledge or belief; and where any attachment
shall be served in the hands of any garnishee in manner aforesaid, it
shall be lawful, upon his or her appearance and examination, to enter
up judgment and award execution against any such garnishee, for all
sums of money due to the defendant from him or her, and for all
effects and estate of any kind, belonging to the defendant, in his or
her possession or custody, for the use of the plaintiff*, or so much there-
of as shall be sufficient to satisfy the debt and costs, and all charges
incident on levying the same; and all goods and effects whatsoever in
the hands of any garnishee or garnishees, belonging to any defend-
ant, shall be liable to satisfy the plaintiff's judgment, and shall be
delivered to the sheriff or other officer, serving the attachment. And
where any garnishee shall be returned by the sheriff or other officer, Garnishee not
summoned in manner aforesaid, and shall fail to appear and discover, appearing, con-
on oath, as by this act is directed, it shall be lawful for the court, after la^sTirefaeina
solemnly calling the garnishee, and such court, is hereby authorized
and required to enter a conditional judgment against such garnishee;
and upon such judgment so entered, a scire facias shall issue against
such garnishee, returnable to the next term to shew cause, if any he
hath, why final judgment should not be entered against him; and
upon such scire facias being duly executed and returned, if such gar-
nishee shall fail to appear at the next term and discover, on oath, in
manner aforesaid, the court shall confirm such judgment, and award
execution for the plaintiff's whole judgment and costs. And if upon
the examination of any garnishee, it shall appear to the court that
there is any of the defendant's estate in the hands of any person or
persons, who have not been summoned, such court shall upon motion att^hmentmay
of the plaintiff, grant a judicial attachment, to be levied in the hands issue. °
of such person or persons, having any of the estate of the defendant
in his, her, or their custody or possession, who shall appear and an-
swer, and be liable as other garnishees.
Sec. 23. It shall be lawful for any person, against whose estate
any attachment has issued as aforesaid, his or her attorney, agent or
104
ATTACHMENT.
Property re. fact°rJ a* any time before final judgment entered, or writ of inquiry
pievied by ape- executed, upon giving special bail, to replevy the estate so attach-
cial bail. e(j? an(j plead to issue, so that the plaintiff is not thereby delayed of
his trial.
Sec. 24. The attachment shall be in the following form, viz:
State of Tennessee—to the Sheriff of county, Greeting:—
Form of attach- Wheres A. B. (or A. B. attorney, agent, or factor of C. Z?., an the
^and sealed5" case ma^ ^e') complained on oath to J. E., judge (or justice of the
an sea e . j^eace<) as flie case m0Ly that F. G. is justly indebted to him (or to the
said A. B.) to the amount of dollars; and oath having been also made,
that the said F. G. hath removed, or is about to remove himself out of
your county, or so absconds or conceals himself, that the ordinary
process of the law cannot be served on him, (or is an inhabitant of
another state, if the case be so;) and the said A. B. having given
bond and security according to the directions of ihe act of the Gene-
ral Assembly in such case made and provided: we therefore command
you, that you attach the estate of the said F. G. if to be found in your
county, or so much thereof repleviablc on security, as shall be of
value sufficient to satisfy the said debt and costs, according to the
complaint; and such estate, so attached in your hands to secure, or
so to provide, that the same may be liable to further proceedings
thereupon to be had at the court to be held for the ceunty of
at on the Monday of next (or before the
justice of the peace on the day of as the case may be)
so as to compel the said F. G. to appear and -answer the above com-
plaint of the said A. B., when and where you shall make known to
the said court (or justice) how you shall have executed this writ.
Witness I). E. judge of the said court or justice of the peace,
the day of in the year of American Independence.
Which attachment shah be signed and scaled by the (judge) or
justice granting the same, (c) And the bond to be given on obtain-
ing such attachment, shall be in the following form, viz:
Know all men by these presents, that we, A. B. (and H. I. security)
Form of the all of the county of are held and firmly bound unto F. G. in
b;>n<1, the sum of dollars (double the debt) to be paid to the said F.
G. (the defendant) his certain attorney, executors, administrators or
assigns. For the which payment well and truly to be made, we
bind ourselves and each of us, our and each of our heirs, executors
or administrators, jointly and severally, firmly by these presents.
Sealed with our seals and dated this day of 18—
The condition of the above obligation is such, that whereas the
above bounden A. B. hath the day of the date hereof prayed an
attachment at the suit of A. B. against the estate of the above named
F. G. for the sum of dollars; and hath obtained the same,
returnable to the court to be held at ^ on the day
of next, (or before the justice on the day of next;)
rtOw if the said A. B. shall prosecute his suit with effect, or in case
he fail therein, shall well and truly pay and satisfy the said F. G. all
such costs and damages as shall be awarded and recovered against
the said A. B., his heirs, executors or administrator*, in any suit or
suits which may be hereafter brought for wrongfully suing out of
(e) Attachments must issue under the seal of the justice, and it must appear, that the debt was aw orn to
4 Yerg.162. 3Yerg.62.
attachment.
105
said attachment, then the above obligation to be void, otherwise to
remain in full force and effect.
Provided, that no attachment shall be abated for want of form, if No attacj,ment
the essential matters expressed in the foregoing precedent be set abated for want
forth in such attachment. °f forra-
Sec. 25. In all such suits commenced or prosecuted by attach-
ment, against the estate of persons residing out of this state, the Attachments
court to which the same shall be brought, shall stay all proceedings
in such suits for so long time as they may think necessary not less months,
than six months, nor exceeding one year, from the time of the return
of such process. And where it can conveniently be done, notice Notice to the
shall issue from the court to the defendant; and if the defendant ap- defendant,
pear, put in bail, and plead within the time limited for his appear- Defendant ap-
ance, in such case his estate shall be liberated, and the garnishee pearing properly
discharged. And it shall be lawful for the jury to give in damages 1 erate '
legal interest upon the plaintiff's recovery, during the time of such interest dur-
extraordinary continuances, even in cases where interest is not usu- ing 8tay*
ally allowed in the courts. -
Sec. 56. Any one justice of the peace, in cases where he has ju-
risdiction may issue an original attachment against the estate of any One justice
absconding or absent debtor, upon the oath of the plaintiff, his agent ^aytlssue attach
or attorney, directed to the sheriff or any constable of the county,
first taking sufficient security, as in other cases of attachment; and -proceedings to
the proceedings thereon shall be in a summary way, in the same be summary,
manner as on a warrant, and the defendant may replevy the goods
attached, and either party may appeal from the judgment of the jus-
tice. (d)
17 99 .—Chapter 25.
Section 1. Constables shall on all occasions have full power and au-
thority to levy attachments when debtors are about to abscond or levy^uachnCnts
remove, so as to evade the ordinary process of law, and a true return
thereof to make to the next circuit court in as full and ample a man-
nor as sheriffs might or could do.
1815, Ch. 20, $3.—(Justices issuing attachment shall summon
garnishee. See Garnishment.)
1831.—chapter 26.
Section 1. When any execution shall be issued by a justice Of the
peace, in consequence of a judgment on an attachment before said procee(jinggon
justice, and shall be levied, by the officer into whose hands it comes, executions from
on real estate, it shall be the duty of the officer making such levy, to re- justice levied on
turn such execution with the proper endorsement thereon to the jus- land'
tice of the peace who issued the same, whose duty it shall be to
make return of said execution, with the attachment and judgment on
which it issued, to the circuit court of his county, who shall proceed
(d) A justice of the peace cannot issue an attachment against property, in his county, of a resident citizen
of another county in the state.—1 Yerg. 387
2- This jurisdiction of Justice in issuing attachments must be strictly pursued. 4 Yerg. 162.
15
106
attachment.
to condemn such real estate as in other cases, and the sheriff shall
proceed to dispose of the same as is now directed by law.
1833.—Chapter 80.
Section 4. All property exempt from execution by any act of this
state shall also be exempt from seizure by attachment, {this exemp-
tion extending only to heads of families. See Executions.)
Feb. 20: 18 3 6.—Chapter 42.
Justice may is- Section 1. A justice of the peace shall have jurisdiction, power and
sue attachment authority to issue attachments returnable before himself, or any other
himself for $100 just^ce °f the peace of his county, upon all sums under one hundred
dollars, where justices of the peace now have jurisdiction by war-
rant, under the same rules, regulations, and restrictions now pre-
scribed by law, for the government of proceedings by attachment in
this State; and any justice before whom any attachment may be re-
turned in pursuance of this aCt, shall have jurisdiction to 4ry and
determine the same, grant an order of sale or issue an execution as
in other cases.
18 36."—Chapter 43.
Section 1. Where any person or persons who are non-residents of
this state, have any real or personal property of either a legal or equit
able nature, or any choses in action within this State, or where any
person or persons in this state, whether residents or not, are indebted
to any person or persons who are non-residents as aforesaid, and the
latter named non-residents shall be indebted to any citizen of this or
any other state or states, it shall be lawful for such last named creditor
or creditors, without first having recovered a judgment at law, to file a
bill in Chancery, to have said real or personal property, choses in
action and debts attached: Provided, that affidavit is made by the
complainant or complainants, or some one of them, that the defendant
or defendants are indebted as charged in the bill, and that the defend-
ant or defendants are non-residents; and it shall be the duty of the
sheriff or other officer to attach and to take into his possession, the
personal property or so much thereof as is necessary to satisfy the
complainant's claim, and to levy such attachment upon the" real
estate of the defendants, whether the said personal or real estate be
legal or equitable, which said property shall be sold to satisfy said
claim in the manner hereinafter directed.
Sec. 2. When any debt or choses in action, due to any non-resi-
Of debts due dent debtor, is attached as aforesaid, the person or persons who owe
to non-residents, said debts to said non-resident, or the person in whose possession sucfi
choses in action may be, shall be made defendants to the bill, and if
after the service of a copy of the bill and subpoena, they should pa>
or secrete the debt or effects in their hands, or purchase in any other
claim or claims against such non-resident defendant, he or they shall
be liable to the same extent they would have been, had they "not so
paid and secreted or purchased in the claims as aforesaid.
Creditors may
attach property
of non-residents.
ATTACHMENT.
10?
Sec, 3. The provisions of the foregoing sections shall apply to Act to apply
cases of absconding, as well as non-resident debtors: Provided, that to absconding
said bill charges that said defendant or defendants has absconded or debtor"'
left the state: and Provided further, that before issuing such attach-
ment or process contemplated by either of said sections, it shall be
the duty of the Judge or Chancellor to require such bond and secu-
rity, as is now required upon attachments at law.
Sec. 4. Where any attachment is ordered to issue as aforesaid, Perishable pro.
and the same is levied upon perishable property, it shall be the duty perty to be sold,
of the officer levying such attachment, to sell the same, first giving
ten days notice of the time and place of sale, and it shall be his duty
to make a return of his proceedings, and deposit the proceeds of the
sale with the clerk and master of the court in which the bill is filed.
Sec. 5. No final decree shall be made in any case originating un- Decree at B€,
der this act before the second term after the bill is filed: and Pro- cond term.
vided also, that no decree shall be rendered unless publication be
made in some newspaper designated and ordered by the court, which
publication shall state the names of the parties, and briefly set forth
the substance of the bill, and when said decree is made as aforesaid, publication re-
it shall be as binding and conclusive, so far as the property and quired;
effects attached are concerned, as if process had been executed per-
sonally upon the defendant.
Sec. 6. When said court pronounces its decree it shall order the
property attached to be sold upon such terms and conditions as will
be equally beneficial to both parties, or where perishable property
has been sold, and the money is in court, or where debts or choses in
action have been attached, the court shall render such decree as the
nature of the case may require, appropriating however, the same to
the satisfaction of the complainant's claim, and should the property
attached be insufficient to pay the amount of the decree, an execu-
tion may issue for the balance, to be levied upon any other property
in the state, or the clerk may issue a summons, garnisheeing any
other debtor or debtors of said principal defendant, in the same man-
ner and subject to the same rules that garnishments are now under
by the laws of thfe state.
Sec. 7. Debts or choses in action, whether due or not due, may be attached(
attached under this act: Provided, however, that the cause shall be
continued on the docket, and no final decree rendered thereon, until
said debt or choses in action are due and payable.
Sec. 8. Where any person has or shall become bound as accommo- ^dorser*
dation endorser or security, and his principal is about to remove or is
removing or absconding and carrying off his property beyond the
limits of this state, the provisions of this act shall apply, and upon
affidavit being made to the bill, an attachment shall issue at the suit
of said endorsee or security, whether the debt for which he is secu-
rity be due or not: Provided, that if it is not due, no decree shall be
made until it is due: mad provided further, if the defendant will give
bond and security to be approved of by the court, indemnifying said
complainant, the attachment shall be discharged: and Provided, that
the clerk in vacation may also take such bond and security, from
which time the attachment shall cease to operate: and Provided also,
that the proceedings under this act, shall not prevent said endorser
or security from being sued, and the money recovered from him by the
creditor.
Of sales.
Debts may be
108 ATTACHMENT JUDK UL.
Transfer void. Sec. 9. Any transfer, sale, assignment, &c., made by any non-re
sident or absconding debtor, after the filing the bill, shall, as against
the complainant or complainants, be inoperative and void:—Passed
February 15, 1836.
ATTACHMENT—JUDICIAL.
1 79 4.—Chapter 1.
di iai Section 17. When the sheriff shall return "that the defendant is not
attachment may to he found in his county," in any civil action, the plaintiff may, at his
issue, and pro- election, sue out an attachment against the estate of such defendant,
eeedings thereon or an ajjag or p}evies summons until he be arrested, returnable in the
same manner as original process; and if the sheriff shall return any
goods by him attached, and the defendant shall fail to appear and
plead within the time herein directed, the plaintiff shall be entitled
if in an action of debt, to final judgment; and if in an action on the ease,
to an interlocutory judgment, and in consequence thereof may exe-
cute a writ of inquiry the next succeeding term; and the goods so
attached, if not replevied or sold according to the rules prescribed for
goods taken on original attachment shall remain in custody of the
sheriff until final judgment, and then be disposed of in the same man-
ner as goods taken in execution on a writ of feri facias; and if the
judgment shall not be satisfied by the goods attached, the plaintiff
may have execution for the residue.
Sec. 23. No judicial process shall issue against the estate of any
..... person residing without the limits of the state, unless such process is
process?''except grounded on an original attachment, or unless the leading process in
on original at- the suit has been executed on the person of the aefendant, when
tachment, <frc. within the state, (a)
ATTORNEYS.
1 7 4 3.—Chapter 4.
Attorney lia- Section 5| If any practicing attorney in any court of record in this
malfeasance11' state"> neglect to perform his duty in any action in which he
^rtyTnjured. ° shall be retained, or commit any fraudulentjiractice, such attorney
(a) A judicial attachment cannot issue to any county except that where the defendant resides. The re-
turn of newest inventus implies, that the defendant's residence is in that eounty, and that the sheriff has been
there--4 Hay 197
ATTORNEYS.
109
shall be liable to an action on the case, at common law, to the party
injured; and on the verdict passing against him, judgment shall be
given by the said court, for the plaintiff', to receive double charges,
with costs of suit.
1 7 9 4.—Chapter 1.
Section 26. Any party paying costs in consequence of a decla- May be war-
ration, not being filed in due time by his attorney, may warrant such [*nt8dng^ucea8ct8
attorney for all such costs by him paid as aforesaid;and the receipt 0° n^fiTingdec^
of the clerk shall and may be given in evidence in support of such laration in time-
claim; and the justice before whom such warrant shall be tried, may
give judgment and issue execution thereon; and such attorney shall
be further liable to the action of such plaintiff; for such damages as
he or they may have sustained in consequence of such declaration
not having been filed as aforesaid.
1 7 9 8.—Chapter 1.
Section 2. All persons who shall hereafter apply for admission
to practice as an attorney at law, shall undergo an examination be-
fore two or more judges of the circuit court for this state; and if such
person so applying be found to possess a competent share of law
knowledge, and be a person of upright character, such judges shall
grant him a license under their hands to practice in any court in this
state for which they may think him qualified.
Sec. 3. No person coming into this state from any other state or
any foreign country, with an intention to practice the law, shall be
admitted to practice as an attorney, until he produces-sufficient vouch-
er from under the hand or hands of some known person or persons
of veracity, that he, so applying as aforesaid, is a person of good
moral character; and such attorneys before they shall be admitted to
practice in any court in this state, shall in open court, take and sub-
scribe the following oath, viz:
J, A. B., do swear, that I will truly and honestly demean myself in
the practice of an attorney, to the best of my skill and abilities.
Sept. 1 8 0 9.—Chapter 6.
Section 1. No particular length of time for any student of law, No particular
.applying to be admitted to the practice of the law, shall be required 8tudy"
by any judge or judges of this state, to entitle him to an examination, &W'
but it shall be the duty of any judge or judges of the circuit courts,
when any student of law shall apply to be admitted to practice law, in
the courts of this state, to proceed to examine the person so applying,
touching his legal abilities and acquirements in the principles of law,
and if on such examination it shall appear to the satisfaction of such
judge or judges, that the person so applying is qualified to practice
law in the different courts in this state, he or they shall grant him a
license under his or their hands and seals, to practice law in the dif-
ferent courts of this state; Provided% that no person whatsoever, shall
Two judges
to grant license-
Attorney from
another state to
produce evi-
dence of good
character-
Oath of At-
torney.
110
ATTOItNEi is.
No person to be admitted to practice law, in any of the courts of justice in this
practice without state, until he produces a license under the hands and teals of two or
license* . i .
more judges ot the circuit courts.
student to 2. No student of law shall be entitled to an examination b)
produce ^ertifi0 any of tile- judges of the circuit courts, until he produces a certificate
cate from county from the court of the county where he usually resided before he com-
court. menced the study of the law, plainly showing that he is a man of
good reputation, and shall have attained the age of twenty-one
years.
18 1 5—Chapter 97.
Section 2, If any person shall prefer to the judge of any circuit
on ^charge^of court>or to either of the judges of the supreme court in this state, a
misdemeanor, charge in writing against any attorney who may practice in any of
the said courts of any misdemeanor, it shall be the duty of such judge
to furnish such attorney with a copy of the charge alleged against
him, and cite such attorney to appear before him in open court, and
answer said charge, and if upon investigation it shall appear to the
satisfaction of the judge, that such attorney has been guilty of any
If guilty to misdemeanor which ought to disqualify him from practicing as an at-
roiis^and fdkb torney> ^ shall be the duty of the judge before whom such investiga-
qualified. tion is had, to strike his name from the roll; and it shall not be lawful
for any attorney so disgraced, to practice as such, in any court of re-
cord in this state: Provided, that in case such an attorney shall con-
Appeal allow. ceiye himself injured by the decision of any circuit judge, he shall
ed- have the right of appeal to the supreme court.
18 1 5—chapter 166.
Section 5. Any two judges of the supreme court shall have pow-
er to license any person to practice law in the different courts of this
state, in the same manner, and under the same rules and regulations
as the judges of the circuit courts are by law authorized to grant
such license.
1 8 1 7—Chaptek 135.
Section 2. When any person who has been licensed to practice
Judges to »x- law in any other state, shall apply for license to practice in this state,
amine attorneys it shall be the duty of the judges to examine such applicant, touching
from other states jegai acquirements, and if it shall appear to such judge or judges,
that the person so applying is qualified to practice law in the differ-
ent courts in this state, and that he is a person of good moral char-
acter, and that he has attained the age of twenty-one years, he or
they shall grant him a license under his or their hands and seals, to
practice law in the different courts in this state, provided such judges
may require such evidence of age and moral character, as to them
-may be satisfactory.
Two supreme
Judges may
grant license.
\TTORNEYS.
Ill
18 1 7—Chapter 51.
Section 2. It shall not be lawful for any person who is a princi- j ^ ^ {
pal or deputy clerk of any county court in this state, to practice as practTce9 as* a'"
an attorney or counsellor in the county or circuit court of the coun- tomeys.
ty in which he is clerk; nor shall it be lawful for the clerk of any
circuit court to practice as an attorney in the supreme court, in any
cause or suit removed by appeal or writ of error from the circuit court
of which he is clerk; and should any person act as counsel or attorney
in any cause pending in any of said courts, it shall, and is hereby
declared to be a duty of the court in which he may attempt so to
practice, to silence such attorney or counsel, and to prohibit him SU° *
ever afterwards appearing as counsel or attorney in any cause or
matter whatever, pending or determined iii such court: Provided, proviso,
that nothing herein contained shall be construed to prohibit an attor-
ney from appearing in any cause transferred on change of venue to
the court of the county of which he is a clerk.
18 1 7—chapter 61.
Section 3. Full power and authority are hereby given to the Supreme or
judges of the supreme court, and to the judges of the circuit courts ir/sfien-
to silence any practicing attorney in either of said courts, upon due Cing attorneys
proof before said court, that such practicing attorney is guilty of for bad con-
such acts of immorality or impropriety, as are inconsistent with the duct-
character or faithful discharge of the duties of that office.
181 7—Chapter 94.
Section 1. Nothing contained in the act of 1817. Ch. 51. Sec. 2. Co^®r^a°f
shall be so construed as to prevent any clerk of the county court in in°circurt Court-
this state, from practicing as a lawyer in the circuit court of his
county, in all actions, causes and matters which may be commenced
originally in said circuit court.
18 2 1—Chapter 66.
Section 3. No practicing attorney or person who has bee,n a
practicing attorney in this state shall be permitted to give testi- to^ive'evidence
mony against a client, or person who consulted him as attorney, against a client:
with a view to employing him or them, by disclosing any communica
tion made to them as attorney, either during the pendency of the suit
or afterwards, to their injury. Nor shall any attorney or other per-
son, under pretext of having transferred their interest to real estate
or obligations for the performance of contracts, or notes for money, .
during the pendency of any suit at law, be permitted to give testimo-
ny in favor of those who held a joint interest with him, her or them, Nor for those
at the commencement of said suits, or by which they themselves could !iavi"g. Joint i^"
, , , ~ . T /* ... terest in suit at
be released from any liability to derform contracts to pay money. jtB commence
ment.
112
attorneys.
Any attorney or other person offering to give testimony in any of
the above cases or situations shall be rejected by the justice or court
before whom it is offered, and if a practicing attorney, it shall be
Misdemeanor considereda misdemeanor and being thereof duly convicted, shall be
in 8 attorney lined in a sum not exceeding one thousand dollars, to be assessed by
punished with a jury, and stricken from the rolls; and if any attorney having decli-
fromnthe"roHs ne(* Practice? he shall in conviction be fined in a sum not exceeding
one thousand dollars, to be assessed as aforesaid, and imprisoned for
any period not exceeding two years.
18 2 5—Chapter 13.
motiorfa^ains°at Section 1. If any lawyer shall collect any money by suit or oth-
tomey failing to erwise, on any note, occount or any other instruments, or for any
pay over money, other cause for which judgment can be recovered, and shall upon de-
mand, fail or neglect to pay over the same to the person or persons
entitled to the same, or any portion thereof , it shall and may be law-
fill, for the person or persons who may be entitled to such mo-
ney so collected as aforesaid, upon motion in the circuit court of the
county in which such attorney may reside, or in which such money
was collected, to have judgment against such delinquent lawyer for
the amount due and owing, with twelve and one half per cent, interest
thereon from the time it shall be proved such money was demanded
till the rendition of said judgment. Provided, such delinquent law™
To have five yer shall have five days notice of the time and place of such motion;
days notice. and provided also, it shall be proved to the satisfaction of the court,
that such money has been collected and actually paid over to such
Attorney not lawyer.
paying the judgt. gEC_ 2. Upon return of any Sheriff or other officer, to whom execu-
fromroi?s.riCken ^on on such judgment against any attorney, shall have come, that the
money cannot be made, or that he cannot find sufficient property of the
defendant to make the same, then and in that case, it shall be the du-
ty of the court before whom such judgment was rendered, to strike
such delinquent attorney from the roll of attorneys and he shall be
disqualified to practice in any court in this state, until he shall have
paid the amount of such judgment and costs.
1 8 2 7—Chapter 63.
in Mis"^principal Section 1. If any person who is principal clerk of any county
cierk of county circuit or supreme court in this state, shall, by himself or partner
'reme court^o Practice as an attorney, contrary to the provisions of the act of 1817,
practiceC°"w Ch. 51. it shall be deemed and held a misdemeanor in office, for which
contrary to act he shall be liable to an indictment or presentment, and upon convic-
of 1817, Ch. 51 t;on? sha]i removed from.office.
18 3 1—Chapter 50.
Ucemie6 ^attor- Section 2. The Chancellors shall have, use and exercise the
neys. same power in licensing attorneys that other judges of the state now
have by law.
attorneys-general. MS
ATTORNEYS-GENERAL.
constitution. article vi. sections v. and vi.
181 9.—Chapter 52.
Section 1. If any Attorney-General of this State shall fail or
neglect to attend and prosecute the pleas of the State, in any circuit attendanceof'at^
court within his district, and said court, in the absence of any attor- tomey appoint-
ney-gcneral as aforesaid, should appoint any other attorney or coun- ^ the^ttorne06
sel to prosecute the pleas of the State, it shall be the duty of the °e,*erea]a °rney
court, on application of the attorney or counsel thus appointed, to
certify his attendance to the Comptroller of the Treasury; and in
said certificate ascertain and make out what portion of the State's
salary, to the attorney-general of the district, the said attorney or
counsel, appointed as aforesaid, to prosecute the pleas of the State,
would be entitled to for each term prosecuting, as aforesaid; and
upon any such certificate, made out and presented to the Comptrol-
ler of the Treasury, he shall issue his warrant for the amount any Treasurer to
such certificate may contain, which the Treasurer shall pay to the pay the amount,
attorney or counsel in whose favor the warrant may be drawn; and
the said comptroller shall deduct the amount of any such warrant or c a °r'8 n
warrants out of the annual salary of the attorney-general in whose
district the certificate or certificates may have been drawn in favor
of any attorney or counsel prosecuting as aforesaid.
18 2 5.—Chapter 272.
Section 2. It shall be the duty of each attorney-general in this Attomey-genr'i
State, to reside in his solicitorial district; and if they or either of ^strr®^.de0jn ^
them shall fail or refuse to make their place of residence in some one officers vacant,
of the counties which compose his or their district, it shall be the duty
of the judge of the circuit court who presides in the district, to cer-
tify the same to the Governor, who shall fill the same as in cases of
death or resignation.
1827, Cn. 58, § 4.—(Duty in instituting suit and fee. See Reve-
nue of State.)
1827, Ch. 85, § 3.—(To send indictments ex officio in cases of pri-
vate banking. See Banlcs.)
18 2 7.—Chapter 49.
Section 12. It shall be the duty of each solicitor, in each of the
counties in his district, at the first court, after the first of October, Coun(tSyc'9 coin,
in each and every year, to call upon the clerk of the court, whether 1835, ch. 55.)
of the county, circuit, chancery, or supreme court, in the pre-
sence of the court, for the receipt of the county trustee, of pay-
16
114
attorneys-general.
ment of the revenue of the preceding year; "and it shall Le the
duty of the court to require their clerk to produce said receipts, and
to have the same entered on the minutes of the court, and in case
said clerk shall fail to produce the receipt of the county trustee, for
the revenue for the year preceding, then it shall be the duty of the
court to enter up judgment against such delinquent clerk, and his
securities, for the amount charged against him by the commissioners
of the county revenue, for the use of said county, and execution shall
issue, as in other cases; and it is also hereby made the express duty
of the court to dismiss said clerk from office, and appoint another in
his place.
18 3 3.—Chapter 43.
Section 1. It shall be the duty of the different attorneys-general
clerks for execu- *n ®tate?on sec°nd day of each and every term of the county,
tion dockets, & circuit and supreme court, held within his district, to call upon the
move for judg- clerk of said court for his execution docket, and if it shall appear that
in'ceftah! cases. an execution or execution have been placed in the hands of any of
the sheriffs of this State, upon which any amount of money may be
endorsed for fines, State tax, &c. which amount, when collected,
would properly belong to the State or county revenue, or school fund,
and such other costs as are due on said execution, and said execution
has not been returned, it shall be the duty of said attorney-general
to move for judgment against such sheriff and his securities in favor
of the State, county, or any other, for such sums as may appear
from the execution docket to be due the State, or county or common
schools, and other sums due on such executions as have been placed
in the hands of said sheriff, and which he has failed to return; and
upon its being made satisfactorily to appear to the court before
whom the motion is made, that the execution was placed in the hands
of the sheriff against whom the motion is made, and that he has failed
to return the same, it shall be the duty of the court to render judg-
ment against said sheriff and his securities for the amount due the
State or county, together with the costs of the motion, and for all
sums due common schools and persons for cost or debt.
Sec. 2. In all cases where a motion shall be made against a delin-
re ulre^utfirst fiuent sheriff, as above, at the first term after said execution has been
tern* placed in the hands of the sheriff, then no notice shall be required to
If at subse- be given the sheriff or his securities; but if said motion is made at
docketed™ ^nd anY subsequent term, then it shall be entered upon the minutes, and
stand for'trial at docketed as a suit, and proceeded upon at the next succeeding term
next term. Cn the second day thereof, as if notice had been given.
Sec. 3. If any clerk shall fail or refuse to exhibit his execution
cierka,forafefua- docket when called on as above, he shall forfeit and pay for each
ing to exhibit failure or refusal, fifty dollars to be appropriated to the State reve-
docket. nue, and recovered by motion of the attorney-general in a summary
way.
Sec. 4. For each judgment the attorney-general shall recover for
Tax fee. the State or county, agreeably to the provisions of this act, he shall
receive a tax fee of five dollars, to be taxed against the defendants,
but in no case shall he be entitled to any tax fee, unless he recover a
judgment.
Solicitor to call
upon clerk for
his receipt, and
court to enter
up judgment
against the clerk
in case of non-
production.
attorneys-general.
115
1835, Ch. 12, j 20.—(To move for judgment against delinquents
in the collection of the revenue. See Comptroller.)
1835, Ch. 13, {16.—(Their duty in instituting suit for violation
of the revenue acts. See Revenue.)
18 3 5.—Chapter 28.
Section 1. Each judicial circuit that may be laid off in this State Judicial circuit
shall constitute a solicitorial district, and there shall be elected by ^strict01*"10"*1
joint vote of both branches of the General Assembly, one attorney-
general of competent law knowledge for each, whose duty it shall be
to attend the circuit courts in his district, and prosecute in behalf of
the State in every case in which the State may be a party or is in
anywise interested, and shall perform the same duties, have the
same powers, privileges and emoluments of the present attorneys-
general, (a.)
Sec. 2. If it shall so happen that at any term of the circuit court Absence of Ati-
in this State, the attorney general appointed for that district fails to Genefal-
attend, or in case of a vacancy in the office o£attorney general, the
said court shall appoint some other attorney to attend to the business
of the attorney-general for that term, whose acts in all respects shall
be as good and valid as if done by the officer appointed for that pur-
pose; and shall be entitled to the same fees, privileges, and emolu-
ments, that the proper officer would be entitled to.
Sec. 3. The attorneys-general that may be elected under this act,
shall at all times, when called upon by any of the county officers in gi^'optaioMin
their districts for an opinion upon any question of law relating to the state cases with-
duties of their office, where the State or county is interested, give the out fee-
same without charging any fee therefor.
1835, Ch. 47, \ 6.—(Fee for prosecuting venders of lottery
tickets. See Lottery.)
1835, Ch. 55.—(To call upon clerks of various courts for receipts
first court after October, and if not produced to have clerk removed.
See Clerk County Court.)
ATTORNEY-GENERAL AND REPORTER.
18 31.—Chapter 52.
Section 1. There shall be a Reporter, whose duty it shall be to Reporter of the
report the decisions of the supreme court of the State, and it shall be Supreme Court,
the duty of the public printer of the State, on being furnished with
the manuscript by said reporter, whose duty it shall be to furnish the
(a) The prosecutor in a State case cannot employ counsel to assist in the prosecution; the State may em-
ploy assisting counsel. 3 Yerg. 325.
116
ATTORNEr-UENERAL AMD REP0R1ER.
same, to print two hundred copies of the same, for which he shall
receive the same compensation he now receives for printing the sta
tute laws of the State—and the said two hundred copies shall be
printed and bound like the public acts of the present Legislature.
Sec. 8. The copy right to said reports, when printed, shall belong
to said reporter, and he shall receive no other or further compensa-
His compensa tion than said copyright-^fend it shall be his duty to furnish each cir-
t,on* cuit and supreme judge of the State, and each chancellor and each
county court of the State, a copy of said reports gratis, and it shall
be the duty of the clerk of each of the county courts, to preserve said
copy for the use of the county, and it shall furthermore be his duty to
deposit with the secretary of state, twenty-five copies, to remain in
his office, for the use of the members of the General Assembly, or for
such other use as the General Assembly may think proper to appro-
priate them.
Sec. 9. Said reporter shall not report any decisions heretofore
nfe^dedsions^01 ma<^eJ u"less sanctioned by a majority of the judges of the supreme
court.
18 3 5.—Chapter 51.
Section L There shall be elected by joint vote of both Houses of the
General Assembly of this State, an Attorney General for the State,
who shall be elected for the term of six years, and who shall receive a
Salary and salary of one thousand dollars per annum, to be paid by the treasu-
duty of Attorney rer of the State, out of any money not otherwise appropriated; it
General. sha.ll be*the duty of said attorney General to attend to all business
of the State both civil and criminal in the supreme court; to exa-
mine and certify all bills of cost before the same shall be ordered to
be paid by the State, to give to the governor and secretary of state,
treasurer and comptroller when called upon, any legal advice which
in the discharge of their official duties they may require of him; it
shall be the duty of said attorney-general, to report the.decisions of
the supreme court under the rules, regulations and restrictions, as
provided for by law, for which purpose he shall be entitled to a copy
of the original opinion delivered by the court from the clerk thereof,
and to attend to any other duty which may from time to time de-
volve upon him.
Sec. 2. The said attorney-general shall be under the same disabi-
lities, restrictions and disqualifications which the attorneys and soli-
citors of the districts are under at this time, and be subject to be
Disabilities and proceeded against for misdemeanors in office, in the same manner
liabilities. that the judges of the courts of law and equity are now proceeded
against; and it shall be a misdemeanor in office for the said attorney
general to take or receive any fee for defending any supposed offen-
der in any of the inferior courts.
18 3 5.—Chapter 76.
Section 1. The reporter of the decisions of the supreme court
Court to direct shall not report at length any case, in which no other points of law
what cases shall are decided than such as are settled in some other case contained in
be reported. the reported decisions of the supreme court of this State, an 1 in such
cases, the reporter shall only state the names of the parties in such
attorney-general and reporter*
117
new cause, and refer to the cause by which it is governed; but the
reporter shall be governed by the direction of the court in determin-
ing what cases shall be reported.
Sec. 2. The reporter of this State shall not publish more of the argument of
argument of counsel than the positions taken and the authorities counsel,
cited and relied on.
Sec. 3. It shall be the duty of the reporter, immediatety after the to furnish
publication of each volume of said reports, to send and deliver to Clerks,
each clerk of the supreme court in each of the divisions of this State,
the number of said reports that each of the divisions of the State is
entitled to: the expense of the transportation of said reports to be
paid by the State; and it' shall be the duty of the clerk of said
supreme court to deliver to each of the clerks of the circuit court in
said division, upon application by said circuit court clerk, the num-
ber of the volumes that his county is entitled to receive, and take
his receipt therefor.
Sec. 5. It shall be the duty of said reporter to furnish to the clerks 'To furnish
of the supreme court, in the manner directed by the third section of back V0IumeB
this act, as many eopies of said reports already published, as wilt be
sufficient to supply the counties in each of the divisions of the State
that have not heretofore been supplied with said reports, and it shall
be the duty of the clerks of the supreme court to deliver said reports
to the clerks of the circuit court, or their order, as directed by the
third section of this act.
Sec. 6. The counties laid off and established by the present ses- counties
sion of this General Assembly, shall be included in the provisions tobe^rrUshed!8
of this act, and said reports now published, shall be paid for by the
State.
Sec. 7. Should said reporter fail, refuse or .neglect to furnish and
deliver to said clerks, a copy of said reports as contemplated by this p0rter.Ure ° 6
act, he shall forfeit and pay the sum of five hundred dollars, for the
use of the State, to be recovered by action of debt in any of the cif-
euit courts of this State.
BAIL.
1715, Ch. 16,5 1.—(Magistrates to take bail in criminal cases.
See Justices of the Peace.)
179 4.—Chapter 1.
Section 11. When any writ shall issue from the circuit courts,
whereby any sheriff or other officer shall be commanded to take the sheriff to take
body of any person or persons, to answer to any action in said bail on executing
courts, such sheriff shall take bond with two sufficient securities (a) in capias-
double the sum for which such person or persons shall be held in ar*
rest (executors, administrators excepted,) and shall return such bond
with the writ; and in case the sheriff shall fail or neglect to take
(«) The net respecting the number of securities to be taken as bail, is directory, and one person is sufficient,
if good 2 Tena, 178.
118
bail.
sheriff failing such bail, or the bail returned be held insufficient, on exception taken
to stand as spe- and entered the same term to which such process shall be return-
cmi bail. able, the sheriff having due notice thereof, he shall be deemed and
stand as special bail, and the plaintiff may proceed to judgment ac-
cording to the rules hereinafter prescribed.
Sec. 12. All bail bonds returned to the circuit courts, shall be
Bail bonds to assigned by the sheriff returning the same, by endorsement thereon,
sheriffgnCd by *n f°h°wing form, viz.:
I, A. B., sheriff of county, do hereby assign the within
Form of assign- obligation and condition to C. D., the plaintiff' therein named, his
ment- executors and administrators, to be sued for according to the statutes
in such cases made and provided. In witness whereof I have here-
Sheriff failing unto set my hand and seal, the day of , 18—And
meni^tcf be^spe- eveiT sheriff failing to make such assignment shall be deemed, held
ciai bail. and taken as special bail, in the same manner as if no bail bond had
been returned.
Ail bail to be Sec. 14. All bail taken according to the directions of this act,
special bail. shall be deemed, held and taken to be special bail, and as such, liable
to the recovery of the plaintiff; but the plaintiff after final judgment,
shall not take out execution against such bail until an execution be
first returned, that the defendant is not to be found in his proper
county, and until a scire facias hath been made known to the bail,
which scire facias shall not issue until such execution shall have
been so returned; and after return of such execution against the
principal, and scire facias against the bail, execution may issue
against the principal and securities, or any of them, or any of their
Proceedings to estates, unless the bail shall surrender the principal before the return
make bail liable. ^ grst sc{re facias, and shall appear and plead upon the return
thereof.
Sec. 15. Bail shall have liberty, before final judgment obtained
against him, to surrender to the court from which process issued, or
Bail may sur- tb the sheriff returning such process, during the sitting of such
in^dfsdiarge! court) or to the sheriff in the recess of such court, the principal in
discharge of himself; and such bail shall at any time before such
judgment had, have full power and authority to arrest the bod) of his
principal, and secure him until he shall have an opportunity to sur-
render him to the sheriff who made the arrest, or to the court to
which the process was returnable; and such sheriff is hereby re-
quired to receive such surrender, and hold the body qf the defendant
in custody, as if bail had never been given.
Sec. 16. When any scire facias shall by the proper officer be
returned to have been made known to the bail, and they, in conse-
quence thereof shall appear, they shall be obliged to plead, and the
when icT/^has ^ssue be tr^e(^ at same term to which the process shall be
bee^made knhi returned, unless sufficient cause be shown to the court to the con-
to bail. trary; but the bail shall not be admitted to plead non est factum^
unless they first file an affidavit of the truth of their plea. Prori-
ded, that if any sheriff shall return on the scire facia# to him direct-
ed, that the principal is imprisoned by virtue of any process
Principal in civil or criminal, the court to which such scire facias is returnable,
pris'n.tobeth're shall, on motion of the plaintiff or bail, order and direct such princi-
eourtby °rdCr °f Pa^to retained when he or she shall be a prisoner, until the
plaintiff's judgment and cost shall be paid, or he or she otherwise
discharged by due course ©flaw; a copy of which order being served
BAIL.
119
on the keeper of such prison before such prisoner's releasement,
shall he a sufficient authority for him to retain such prisoner until
such order be complied with, and shall be deemed a surrender of the
principal and discharge of the bail,
18 01.—Chapter 15.
Section 4. When judgment shall be entered up before any judica-
ture in this State, against any person as bail for the appearance of
another, to defend any suit depending in such court or judicature, Bail may £ave
and the amount of such judgment or any part thereof hath been paid judgt. by motion
or discharged by such bail, his, her or their heirs, executors or ad- ag'st principal,
minisfrators, it shall and may be lawful for such bail, his, her or their
heirs, executors and administrators, to obtain judgment by motion
against the person or persons for whose appearance they were bound,
his, her or their heirs, executors or administrators, for the full
amount that shall have been paid by the said bail, his, her or their
heirs, executors and administrators, in any court where judgment
may have been entered up against such hail, or within any other
court or judicature in this State, upon the production of a copy of
the record legally authenticated.
180 5.—Chapter 21.
Section 1. Where a qui tarn action or actions are to recover the pen- Bail required in
alty for the breach of any penal statute, the person or persons qui tarn actions,
against whom such action is brought, shall be held to bail as in other
cases of arrest in civil process.
18 0 5.—Chapter 37.
Section 1. It shall be the duty of the different sheriffs within this
State, when they execute any capias on an indictment to take a hafjo^capia^on
recognizance for the appearance of the party, in the same manner indictment,
that justices of the peace are now bound to do by law.
18 0 9.—Chapter 6.
Section 1. Where a defendant in any civil suit may have given
bail for his appearance, and the hail during the recess of court takesbaB^
should think proper to deliver the body of such defendant to the she- dpai surrendered
riff in discharge of him or themselves, then the sheriff, upon the deli- up by his former
very of such defendant, is hereby authorized to take bail from said baiL
defendant, if he should offer the same, in the same manner and under
the same restrictions as are pointed out for him, when he has the
original writ in his possession.
Sec. 2. In all cases where a person may be prosecuted or bound Security may
over for his appearance, to answer any charge exhibited against him aipa^er "hanged
by the State, and the security be fearful that he would escape, such with any off'nce,
security may deliver him up to the sheriff. The sheriff is hereby and ShbriffbmB7
authorized to take a recognizance of such person or persons, with at take ot er a '
least two sufficient securities, in the following sums, viz. if for any
crime above the degree of petit larceny, and for which the person or
persons so charged had in the first instance been let to bail, in the
120
B ill .
Above petitlar- sum of one thousand dollars, and the securities each five hundred;
ceny, $1000— for petit larceny five hundred dollars, and securities each two hun-
$5oo-—-under <*re anc^ » ^or any charge under the degree of petit larceny tw o
petit larceny, hundred and fifty dollars, and the securities each one hundred and
$250, and secu- seventy-five; and on said person failing to give such security, said
ritieseace $ . ggj.ggy authorized and required to commit said person to
Persons faiiin ja^ °f fhe county, and make out a warrant of commitment, set-
to give^aiftobe ting forth the cause of such commitment, under his hand, which
committed. shall be a sufficient warrant to retain such person, until he shall
give such bail as is above required; or until the court to which he
Sheriff not shall have been recognized for his appearance; and provided, that
surrender unless saa* sheriff shall not be bound to accept such surrender*, unless at the
at court house, place of holding court in his county, or at his usual place of resi-
or his own resi- dence.
"""* 1 8 2 5.—chapter 33.
section 1. In all cases in which appearance bail may be given, it
issued'12months ^ du<;y the plaintiff to issue his capias'ad satisfacien-
after judgment, dum, within twelve months after the rendition of the judgment therein,
and upon return and upon the return of such ca. sa. "not found,'1 it shall be the duty
sei /a°tofissue'" the plaintiff to issue a scire facias against the bail, which process
shall be tested of the term to which the capias aforesaid was returned,
and made returnable at the next term of said court; upon the return
of said process executed, or two returns upon writs of scire facias,
"not found," if no legal cause be shown for the discharge of the
bail, the plaintiff shall have judgment of execution against the bail;
but if the plaintiff shall fail or neglect to prosecute his scire facia#
against said bail in the time prescribed by this act, then and in that
case, the bail shall be forever discharged from all liability whatever.
182 7.—chapter 18.
section 1. When any person shall stand bound as special bail for
anolher, and may wish to surrender his principal in discharge of
himself, it shall be the duty of the sheriff, or in case the sheriff be a
Sheriff to assist party, the coroner of any county in this Slate, when applied to by
bail in arresting special bail, or his agent, lawfully authorized by power of attorney,
princ pa. to arrest the principal, if to be found in his county, and deliver him
to the safe custody of the bail or agent so applying: Provided, said
Bail to accom- ... , .j rn j u j x •
pany Sheriff. bail or agent will accompany said officer, and be ready to receive
from him the person arrested: Provided also ,that said officer shall
not be bound to make said arrest unless the special bail or his agent
ii to furnish ^e^ver to sa^ officer a copy of the bail bond, certified by the
copy ofbaii bond clerk of the court, where said bond may be filed, in due form of law.
sec. 2. When said bail or agent shall receive into his custody, the
Two persons principal, from the officer making the arrest, it shall and may be law-
may assist bail fifi for any number of persons, not exceeding two, to give their assis-
to surrender tance enabling the bail to surrender said principal,
principa. gEC. 3. When any officer shall arrest any person, under this act,
din s to sball return on the copy of the bail bond, what he has done, as in
be1 returned* on other cases of arrest, to the clerk of the court whence the same is-
bail lond, sued; which return, together with said copy of the bail bond, shall
(i) In all cases aiainst 1 ail, the ca. sa. must he shown to have issupd to the Sheriff of the count), where
the defendant had been arrested. 2 Yerg. 291.
BAIL.
121
be preserved and kept by said elerk, as other papers and records in
his office; and certified copies of the same shall be used in testi-
mony as in other cases.
Sec. 4. This act shall not be so construed as to abridge or take N0t to abridg
away any of the riglits and privileges special bail now possess by the rights of ape-
law, to take and surrender their principals. cial bai1,
18 31.—Chapter 4.
Section 1. In all criminal offences bailable by law, it shall and
may be lawful for the committing magistrate or magistrates, or the Justice or She-
sheriff of the county, resident in the county where the accused has may tak0
been committed to jail for want of security, to take and receive bail
for the defendant's appearance to the court having cognizance of his
offence, under such rules and regulations as are now prescribed by
law: Provided, that said bail shall not be taken when the examining
magistrate or court have determined the offence not bailable.
1831, Ch. 19, § 2.—(Bail in cases of contempt.—See Contempt.)
1831, Ch. 40.-^-(iSee Imprisonment for Debt.)
BANKS.
18 1 9.—Chapter 19.
Section 2. When any note or bill, notes or bills of any bank with-
in this state, shall be or are, payable at any branch of such bank Holder of
then and in that case, it shall and may be lawful for the holder of
such bill or bills, note or notes, or oiher evidence of debt, payable as t^ecbranch "to*
aforesaid, to commence and prosecute suit thereon, in the county and service on
where such branch may be located, before any court or tribunal hav- c
ing jurisdiction of such pleas; and service of process on the Presi- ficient.
dent and Cashier of such branch bank, or either of them, shall be
good and sufficient to all intents and purposes.
18 2 7—.Chapter 85.
Section 1. No corporation, unless such corporation shall be char-
tered by the laws of the United States, or of this state, association, penalty for
company, individual or individuals, shall erect, establish, institute or banking witiiout
put in operation, any banking institution, association or concern, or
any office of discount or deposits, or shall issue any bank bills, com-
pany bills, bills of exchange, promissory note, or other instrument of
17
122
BANKS*
any description whatever, with the intent, view or purpose of erec-
ting, estab.ishing or putting into operation, any banking institution,
association or concern, or any office or concern of discount and deposit,
and all corporations, associations, concern person or peisons and each
individual of such associations, corporations, companies, concerns,
or persons who shall violate the provisions of this act, shall be
guilty of a misdemeanor, and for every violation, upon conviction,
by indictment or presentment, shall be fined in the sum of ten thou-
sand dollars, to be assessed by the jury trying the cause; and in case
of judgment by default, confession in any other mode, the court shall
empannel a jury, which shall assess the above sum in damages;
which damage, together with the tax hereinafter imposed, shall go
to and constitute a part of the common school fund.
Sec. 3. It is declared to be the duty of the attorneys general of this
«rai togivc this state to give this act in charge to the respective grand juries, which are
»ct in charge, hereby enjoined to make presentments for violations of this act, and
the attorneys general are hereby invested with authority to send indie-
ments before the grand juries, ex officio, when they have good rea-
son to believe that this act has been violated, and to exercise the
same powers in summoning witnesses and sending them before the
grand jury as in case of gambling.
In appeal! Sec. 6. Should an appeal be taken to the Supreme Court of the
prernlTcourt of United States, in any of the causes that may be pending the gover-
U. s. Governor nor, for the time being, shall, and is hereby required, if necessary, to
to employ coun- employ some skilful attorney, to appear on behalf of the state of
"e1, Tennessee, whose compensation shall be fixed by law.
1829, Ch. 95 §2. (Private bank taxed five hundred dollars per annum
until 1st. January, 1835.)
183 2.—chapter 1.
Time given to Section 4. Where there is any banking company or association
existing banks now in operation, not chartered by the laws of this state, said banking
to wind up. company or association shall have the further time of five years
from the first of January, 1835, to wind up their concerns—but up-
on the following conditions, viz:—such banking campany or associ-
ation shall pay, by way of tax to the state, the sum of five hundred
Tax of $500. dollars, each and every year, commencing from the time above refer-
per year. red to, and shall be paid to and accounted for by the Treasurer of the
state; Provided, that this act shall not be so construed as to re-
lease any tax heretofore paid by such company or association.
BASTARDY.
BASTARDY.
1741.—Chapter 14.
Section 10. Any Justice of the Peace, upon his own knowledge, Justice to
or information made to him, that any single woman within his coun- £auberw0 banbt0.
ty, is delivered of a child or children, may cause such woman, to be f®re hinfundex*
brought before him, and examine her upon oath concerning the fath- arained.
er, and if she shall refuse to declare the father; she shall pay a fine
of three dollars twelve and a half cents, and give sufficient security
to keep such child or children from being chargeable to the county,
or shall be committed to prison until she declare the same or pay
the fine aforesaid, and give security as aforesaid; but in case such
woman shall upon oath before the said Justice, accuse any man of
being the father of a bastard child or children, begotton of her bo-
dy, such person so accused shall be adjudged the reputed father of Pergon accug.
such child or children, and stand charged with the maintenance of ed by her to be
the same as the county court shall order, and give security to the chargeable with
Justices of said court to perform the said order, and to indemnify the'cwid0^6 °
the county where such child or children shall be born, free from
charges for his, her or their maintenance, and may be committed to
prison until he find securities for the same, if such security is not
by the woman before given.
Sec. 11. The said Justice of the Peace, at his discretion may bind JuBtice may
to the next County Court, him that is charged on oath as aforesaid, to "?.^ed
have begotten a bastard child, which shall not then be born, and the
County Court may continue such person upon security, until the
woman shall be delivered, that he may be forthcoming "when the
child is born.
18 1 3.—Chapter 131.
Section 3. When any warrant shall have been issued against any
person charged with bastardy, if the person so charged hath remo-
ved into another county, from that in which the crime may have
been committed, it shall be the duty of the Clerk of the county
court, to issue a capias directed to the Sheriff of any county in the
state, whose duty it shall be to execute the same, under the same pen-
alties and rules as other process in criminal cases,
18 1 9.—Chapetr 12,
Section 1. It shall not be lawful for any Justice of the Peace of Justice not to
his own knowledge or on information made to him, to cause any sin- ^bl^,npregnant
gle woman who is pregnant, to come before him while pregnant or 0r within 30
within thirty days thereafter, to be examined on oath touching the days,
Irt fVtPV
18 2 2.—Chapter 29.
Section 1. When any single woman shall accuse any man of be- imue may be
Reputed fath.
er removed to
another County,
Clerk to issue a
capias.
124
bastardy
made up to try jng the father of a bastard child or children begotten of her body,
to the mth'r" " su^ Person s0 accased adjudged the reputed father of such
o eia er, child or children, unless such person so accused, shall file his affida-
vit clearly setting forth that justice requires an issue to be made to
try the truth of such charge, whereupon it shall be the duty of the
court in which such charge may be pending, to hear proof and deter-
mine the matter as to right and justice may appertain, (a)
Allowance for Sr.c. 2. The several County Courts within this State when
maintenance of making allowances to the mothers of illegitimate children for
bastard children, ^eir support, shall not for the first year after the birth of such
child or children exceed the sum of forty dollars; for the second year,
thirty dollars; and for the third, twenty dollars; at the expiration
of which time it shall be the duty of said court making such al-
lowances, to dispose of such child or children in such manner as
shall most conduce to the interest of such child, either by giving it
to the reputed father, (b) or binding it out to some suitable person in
their discretion, (c)
1 8 2 5.—Chapter 30.
Father of bas- Section 1. Where any person or persons may be duly convicted,
tardnotexonera- according to law, of having begotten a bastard child, and may enter
t6d bh- inak-ng into bond with security, conditioned for the maintenance of said
mate! 11 legltl" child, and for the prevention of said child becoming a county charge,
such person so convicted, as aforesaid, and his securities shall not be
exonerated thereby from the penalty of such bond, notwithstanding
such person may, after the execution of such bond make such child
legitimate as though born in wedlock, according to to the provision of
an act passed Oct. 3.1805. (See Names.)
BILLIARD TABLES.
1 81 7.—Chapter 179.
Section 1. It shall not be lawful for any Clerk in this State, to is-
Clerks not to sue to any Person a license to erect or keep or keep erected for use,
issue license. any Billiard Table in this State; and if any license should issue, the
same shall be absolutely void.
(a) The affadavit of a single woman, made upon her examination before the committing magistrates,
that the defendant is the father of her bastard child, is competent evidence of that fact, she need not be ex-
nmined in court 2 Yerg. 96.
2. The defendant's affidavit, that he isnottliefather of the child, will not, qptitlehim toa jury to try
that fact. The trial must he by the court. 2 Yerg. 96.
(b) The reputed father of an illegitimate child, who is legitimated hy virtue of the act of 1805 ch. 4 is not
in consequence thereof en titled to its custody. 1 Yerg. 92.
(c; This act does not give the county court any control over the child, until it becomes a pauper. 1 Yerg. 92.
BILLIARD TABLES.
125
Sec, 2. If any person shall erect or keep erected, any Billiard $2000 tax on
Table for use, in any County in this State, he, she or they shall for- billiard table-
feit and pay the sum of two thousand dollars, to be recovered by ac-
tion of debt, one half to tl le use of the State, the other to him who
will sue for the same.
Sec. 3. The owner of the house, in which any Billiard Table may | owner of
be kept as well as the owner of such Billiard Table, shall be subject ^"^^penai!
to the penalty prescribed by the second section of this act. ty.
182 0.—chapter 13.
Section 1. In addition to the penalties imposed by the act of 1817, Fine and ira.
chap, 179," if any person shall erect or keep erected, any Billiard prisonment for
Table for use, without first having obtained license therefor, in any 1kia®dit"®le>a
county in this State, he, she or they shall be liable to be presented
to the Grand Jury of the Circuit Court, or to be indicted in the cir-
cuit court of the county in which the offence shall have been com-
mitted, and on conviction, shall be fined in a sum not less than five
dollars, nor more than fifty dollars, and imprisoned not less than ten
days, nor longer than two months.
Sec. 2. In any prosecution founded upon this act, it shall not be
necessary for the name of any prosecutor to be marked on the back No prosecutor
of the indictment, and any person offending against this act, shall be "ned®csts^at on
liable to a separate indictment or presentment for every twenty four
hours, he, she or they may keep such table erected; and when any L|ab|et09epa.
person shall be presented or indicted under this act, such person or rate indictment
persons shall be compelled to answer, and when convicted, judgment for every 24
shall be given on such indictment or presentment, notwithstanding hours
any informality therein.
BILLS OF EXCHANGE.
1819. Ch. 42. (Drawing, endorsement, or acceptance not to
be denied but on oath. SeeNonest Factum.)
182 7.—Chapter 14.
Section 1. Whenever any bill of exchange to be drawn or endor- Damages on
sed within this State, upon any person or persons, or body corporate, bil1 drawn on a
of, or in any other State, Territory or place shalj be returned unpaid other state ormu
with a legal protest, the person or persons to whom the same shall, tion in case of
or may be payable, shall be entitled to recover and receive, of, and dishonor'
from the drawer or drawers, or the endorser or endorsers of such bill
126
BILLS or EXCHANGE.
of exchange, the damages hereinafter specified over and above the
principal sum for which such bill of exchange shall have been drawn,
and the charges of protest, together with lawful interest on the
amount of such principal sum, damages, and charges of protest from
the time at which notice of such protest shall have been given, and
the payment of said piincipalsum and damages and charges of pro-
test demanded; that is to say, if such bill shall have been drawn up-
on any person or persons, or body corporate, of, or in any of these
United States, or the Territories thereof three per cent, upon such
principal sum: if upon any person, or persons, or body corporate, of,
or in any other State or place in North America bordering upon the
Gulf of Mexico, or of, or in any of the West India Islands, fifteen
percent, upon such principal sum: if upon any person or persons, or
body corporate, of, or in any other part of the world twenty per cent,
upon such principal sum.
Damage in Sec. 2. The damages, which, by this act are to be recovered up-
fro11 °f interest' on any bill of exchange, shall be in lieu of interest and all other
charges except the charges of protest, to the time when notice of
the protest and demand of payment shall have been given and made
Entr on the aS a^oresa^*
protest,y or in Sec. 3. Whenever a suit shall be brought against the drawer or
book prima fa- endorser of a bill of exchange, and such bill shall have been duly
factTf notice. °f Proteste^ f°r non-acceptance or non-payment and the notary making
such protest shall have certified, either in, or on his protest, that he
has given notice of demand of payment and refusal, or the dishonor
of such bill to the endorsers, drawers or others concerned, such pro-
test shall be prima facie evidence of the fact of such notice; and if
the notary be dead at the trial of such suit, and such certificate be
not made, in, or on the protest, but if an entry to that effect be made
in his record book, containing a record of his protest on such entries,
then such book or sworn copy thereof, shall in like manner be prima
facie evidence of the fact of notice to all persons stated to have re-
ceived notice.
BOATS AND WATER CRAFT
17 4 1.—Chapter 13.
Section 1. any person or persons, who shall take away from any
landing or othe rplace where the same shall be any boat, canoe or pet-
' Penalty for ia- tiagua, belonging to, or in custody of any person whatsoever, with-
ken away water- out the consent and leave of the owner, or possessor or of such boat,
craft* canoe or pettiagua or shall loose unmoor or turn such boat, or pet-
tiagua adrift, such offender or offenders shall severaly forfeit and
pay the party who shall own or in whose custody and possession such
boat, canoe or pettiagua was, the sum of two dollars and fifty cents
to be recovered by a warrant from any justice of the peace with-
boats and 1\ alekcraft.
127
in the county where the offence shall be committed, who is hereby
empowered and required to hear and determine all such offences; and fus(^'en^rs £e"
if any offender or offenders shall, after conviction, neglect or refuse to justice may com'
pay the said sum, it shall and may be lawful for the said justice, by his mitthem to pris.
warrant, to commit such person to the goal of the county, where he on-
shall remain until he shall have paid the same, and the accruing costs.
Sec. 3. Nothing in this act. shall be understood or construed to debar
any person from his or her action at common law, for any damage Not to deba
sustained, by reason of any boat, canoe or pettiagua, to them belong- ^ action a t
ing, so taken or unloosed, unmoored or turned adrift, from any lan- common law fo
ding or other place, where the same was left, against any person damages sustain-
whatsoever, notwithstanding such person shall have paid the penal- ed'
tyby this inflicted.
Sec. 4. If any white servant, negro or slave shall offend against this SJaves offen.
act and be thereof convicted, and the master, mistress or owner of such ding, and master
white servant, negro or slave, shall refuse to pay the said sum such refusing to pay
servant or slave shall suffer correction, by whipping at the discre- t0 bewhip"
tion of the magistrate, not exceeding thirty nine lashes.
Sec. 5. Neither thisjact, nor the penalty thereof shall be construed to t
extend to any person who shall press any boat, canoe or pettiagua, by t0 peLon^who
public authority, or to any person who shall seize his own proper boat, shall press ves-
canoe or pettiagua, or to any person or persons, being lawfully empow- Be,s by "u^or^y
ereJ so to do by the owner, from any place or landing, or from any nerB.proper °W*
person in whose custody he shall find the same, or to any servant
or slave taking any boat, canoe or pettiagua, from any landing or oth-
er place, by order of his or her master, mistress or overseer.
Sec- .6. If any master, mistress or overseer, shall order any servant
or slave belonging to them, or under the care of any of them, to take
from any landing, or other place, any boat, canoe or pettiagua, con-
trary to the intent and meaning of this act, such master, mistress or
overseer, of such servant or slave so offending, shall be liable to the
forfeitures and penalties of this act, as if they in their proper person,
had done the same.
1813—Ch. 127 {9. (Boats may be unloaded at public ferries. See
Ferries.)
18 3 1.—chapter 109.
Section 1. Whenever any person shall stop any water craft which compensation
may be adrift on any of the waters of this State, and shall secure the for stopping wa.
same, it shall be the duty of the owner or owners on applying there- ter craft when a-
for, to produce satisfactory evidence of ownership, and to pay to the "
person who shall have stopped and secured such craft, a reasonable
compensation for his services; and iijjthe parties cannot agree, on ap-
plication of either to a Justice of the Peace, it shall be his duty to
appoint two disinterested persons to settle the matter between them,
whose determination shall be final between the parties, and no ap-
peal shall be granted.
Sec. 2. Any person who shall stop and secure any water craft? to bepaw be.
128
boats and watercrafts.
fore delivery of shall be paid for his services, before he shall be required to deliver
articles. the same to the owner.
1 8 3 5.—Chapter 80.
Sec. 1. All persons landing boats, rafts, or other water crafts, con*
taining wood or loading of any description, at the landings or wharfs
on the banks of any of the navigable rivers, in this State, where
wharfage is now or hereafter shall be allowed by law, shall be liable
to pav wharfage therefor; and that the owners or proprietors of said
Owners of landings and wharfs shall have a lien upon said boats and their loa-
wharfs"!) have ding, rafts of wood and other water craft, for the payment of sa.d
lien on water- wharfage fees; and any person or persons who purchase wood or
f^fee" Whar °^er articles, so landing on said wharf or landing as aforesaid, shall be
liable for such wharfage fees when the same are unpaid.
BONDS—(JUDGMENT.)
18 01.—Chapter 19.
Section 1. If any person or persons shall enter into bond to
deredonmotionl secure payment of any sum or sums of money, and therein aulho-
° rize any person to confess judgment in any court of record, or be-
fore any justice of the peace having jurisdiction thereof, it «hall and
may be lawful for such court or justice, on motion and due proof of
the bond made, to enter up judgment in favor of the creditor or ere-
ditors, at any time after the bond becomes due, and issue execution
accordingly: Provided, that no such judgment shall be entered up
unless it shall appear to such court or justice, that a notice of the in-
Proof of notice tention of the creditor to make such motion at a particular day and
to the maker of place therein mentioned, has been served on the debtor or debtors,
the bond requir- or jeft her, or their usual place of abode, by some sworn officer,
at least ten days previous to the making of such motion.
Sec. 2. It shall be the duty of the sheriff, constable, or other legal
Notice to be °®cer>as case may *° serve a copy of the said notice and
servedVy Sheriff make due return thereof; and he shall be liable to the same penal-
or Constable- ties for neglect or failure, and have the same fees for executing and
returning the same, as in case of subpoenas for witnesses.
Sec. 3. If the defendant or defendants shall appear pursuant to
Judgment to be notice, or on any day during the same session of the court, and ten-
cfent securitUffi c'er sufficient security for the payment of the principal sum due, with
c n eecuri y. jn^eres^ thereon till paid, and the costs, the court shall cause the
same to be entered on record, and thereupon execution shall be
stayed as follows: for all sums over fifty dollars, and not exceeding
one hundred dollars, three months; over one hundred and not ex-
ceeding two hundred dollars, six months; -over two hundred and not
exceeding four hundred dollars, nine months; and for all sums over
four hundred dollars, twelve months. And after the expiration of
the time limited for the stay, as aforesaid, then execution may issue
against the defendant and his securities, or either of them, for the
principal sum due, and interest and costs as in other similar cases.
BONDS DELIVJ£RI»
129
BONDS—(DELIVEII Y.)
18 01.—Chapter 13.
Section 1. When any execution may be levied on real or personal
property, if the debtor shall give sufficient security to the officer to Officer to take
have the goods and chattels forthcoming at the day and place of the deb"fodr°deiB
sale, it shall be the duty of the officer to take a bond payable to the veryof property;
creditor, tor double the amount of the sum in the execution, reciting
the service of the execution, and the amount of the money due
thereon, conditioned for the true performance of the same, (a)
18 31.—Chapter 25.
Section 1. The security or securities on any forfeited bond for
the delivery of property levied on by execution, shall not be held res® for
responsible for more than the value of the property specified in such more than the
bond, that shall not have been delivered on the day of sale; and the value of the pro-
value of said property, if not agreed upon at the time of such levy, perty'
and inserted in the bond, shall be ascertained in a summary way by
a jury of five disinterested men, summoned by the sheriff or other
officer, making such levy, or holding the execution and bond, whose
decision, as to the valuation, shall be final.
Sec. 2. When an execution shall hereafter issue from the county Proceedings
or circuit, chancery or supreme courts of this State, or from a justice e
of the peace, and shall be levied upon any personal property ©f the bonds—duty of
debtor or debtors, in such execution, and bond and security shall be Sheriffs,
given by such debtor or debtors, for the delivery of the property
upon the day of sale, and the- same shall be forfeited in whole or in
part, it shall be the duty of the sheriff or other officer holding such
execution and bond, to proceed to levy upon so much of the property
of the defendant or defendants in said execution, if to bS found, as
shall be sufficient to satisfy the same; and if there shall not be pro-
perty enough of said defendant or defendants found to satisfy said
execution, then it shall be the duty of the said sheriff or other officer
holding said execution and bond, to proceed to levy upon property of
the security or securities in said forfeited delivery bonds, sufficient
to satisfy so much of the debt as the property for which he became
bound was valued, as provided in the first section of this act, and
which was not delivered pursuant to the condition of said bond. And
if the sheriff, or other officer holding said execution and forfeited
bond, shall be unable to obtain a satisfaction of the debt, before he
shall be bound by law to make return of the same to court, or to the
justice of the peace, as the case may be, it shall be the duty of such
sheriff or other officer, to return said forfeited bond at the same time
(a) An officer taking a delivery bond is not authorized to stipulate in the bond, for any particular hour of
the day, when the property isto be delivered. 5 Yerg. 313.
2. A verbal agreement to be security of another for the delivery of the property levied upon, is not bind-
*ingr and an execution issued against the perron making such promise is void 5 Yerg. 313;
18
130
HONDS DELIVER!.
he makes return of said execution, and to endorse thereon the unsa-
tisfied balance for which said security or securities may be liabh as
herein before provided in this act; and it shall he Ihe duty of the
clerk or justice of the peace, as the case may be, into whose oflict
said execution and forfeited bond may be returned, to issue an alias
or pluries execution as the case may he, against the defendant or
defendants to the judgment for the w hole of the unsatisfied balance
of said judgment, and, also, against the security or securities in saiu
forfeited bond, for the unsatisfied balance for wThich he or they shall
be liable, as shown by the endorsement of the sheriff or other officer
as aforesaid; and the sheriff or other officer shall in no instance take
a second delivery bond in the same case in which a bond shall hav e
been forfeited.
Sheriff to pro- Sec. 3. Said delivery bond, if forfeited, as provided in this act,
ceed to sell the shall be in the hands of the sheriff or other officer holding the same,
Sties ou forfeit- a suffi°ient warrant or authority to him, to proceed to levy and sell
ure of delivery so much of the property of said securities as will satisfy so much of
bond. said debt as they may be liable for, as herein before provided in
this act, and shall also be a sufficient warrant or authority to the
clerk or Justice to whom the same may be returned, to issue an alias
or pluries execution, as the case may be, against the defendants to
the judgment, and against the securities of said delivery bond, as
herein before provided in this act, without any judgment upon said
return made as aforesaid.
bonds—(pen al.)
1801.—chapter 6.
Suit ma be Section 54. Suits may be brought, both in courts of law and equity,
brought in name in the names of assignees of bonds with collateral conditions, bills or
of assignee. notes for specific articles, or the performance of any duty.
Sec. 66. In all actions of debt w hich shall be broughton any bond
Judgment for 0r bonds for the payment of money, or upon bonds with collateral
dhfchtrge7t0by conditions, wherein the plaintiff shall recover judgment, shall be
payment of the entered for the penalty of such bond, to be discharged by the pa) -
principal and in- ment of the principal and the interest due thereon, or the damages
teregti assessed by the jury, and other costs of suit, and execution shall
issue accordingly. Or if, before judgment, the defendant shall bring
into court the principal and interest due on the bond, conditioned for
the payment of money, he shall be discharged, and in that case judg-
ment shall be entered for the costs only.
1835, Ch. 20, § 17. (Securities in penal bonds, made liable in
chancery court. See chancery court.)
book debts.
131
BOOK DEBTS,
175 6.—Chapter 4.
Section 2. In any action of debt, or upon the case which shall be
brought, when the plaintiff hath declared, or shall declare upon an Proceedings to
etnisit, indebitatus assumpsit, quantum valebant, or quantum meruit, prove^his "ac°-
for goods, wares and merchandise, by him sold and delivered,'or for count by his own
work done and performed, shall file his account with his declaration; oath under thi"
and upon the trial of the issue, or executing a writ of inquiry of
damages in such action, shall declare upon his corporal oath or solemn
affirmation, (as the case may be,) that the matter in dispute is a book
account, and that he hath no means to prove the delivery of such
articles as he shall then propose to prove by his own oath, or any of
them, but by his book; and in that case such book shall and may be
given in evidence, if he shall make out by his own oath, or affirma-
tion, that such book doth contain a true account of all the dealings,
• or the last settlement of accounts between them, and that all the
articles therein contained, and by him so proved, were bona fide
delivered, and that he hath given the defendant all just credits; and
such book, and oath or affirmation, shall be admitted and received as
good evidence in any court of law, for the several articles so proved
to be delivered within two years before the said action brought, but
not for any article of a longer standing; and when the person who
delivered such goods, wares or merchandize, or performed such work
and labor, shall die, his executors or administrators may give his
book in evidence, upon his or their making oath or affirmation, that
they verily believe the account, as there charged, is just and true,
and that there are no witnesses, to his or their knowledge, capable
of proving the delivery of the several articles, as he shall propose to
prove by- the said book, and oath or affirmation; and that he found
the book as stated, and doth not know of any other, or further credit
to be given, than Avhat is there mentioned; and such book, and oath
or affirmation, shall be admitted and received as evidence for any
articles delivered within the time aforesaid.(a)
Sec. 3. A copy from the book of accounts, proved in manner herein c fr0mi,00k
before directed, shall and may be given in evidence, in any such to be good evi-
action as aforesaid, and shall be as available as if such book had dence.
been produced, unless the defendant or his attorney shall give notice
to the plaintiff or his attorney, at the joining of the issue, that he
will require the book to be produced at trial; and in that case no
such copy shall be admitted or received as evidence.
Sec. 4. The defendant shall be at liberty to contest the plaintiffs Deft maycon.
evidence, and oppose the same by other legal evidence; and where test pifPs. evi-
the defendant shall be an executor or administrator, his testator or dence.
(a) If the defendant avail himself of the amount of credits, stated and admitted in the oath of the plaintiff,
he must also admit all the debits. 2 Tenn. 21.
2. Evidence of the handwriting of a deceased clerk, is proper to all the charges made by him, where the
goods were specified. Ib.
3. ^n account for the hire of a horse may be proved under thebook debt law. Cooke, 388.
132
books.
intestate's books, shall, and may be given in evidence, against the
plaintifl's book, where the plaintitl is an executor or administrator,
for such articles as shall be proved in manner aforesaid.
Sec. 5. No book of accounts, although the same maj be proved by
five°aCears from witness or witnesses, shall be admitted or received as evidence in
deHver1ngSgood™ any action for goods, wares or merchandize delivered, or for work
&c. done, above five years before the said action brought; except in cases
of persons being out of the government, or where the account shall
be settled and signed by the parties.
Sec. 6. No plaintiff shall be at liberty to prove by his book, and
Not to prove oath or affirmation, as aforesaid, on the trial of anj such acti< n as
over $75. aforementioned, any article or articles, the amount whereof shall
exceed the sum of seventy-five dollars.
BOOKS.
18 05.—Chapter 105.
No tax for Section 1. Any person or persons shall and may be permitted to
selling books: sell books of any kind in this State, without being obliged to take out
license, and clear of any tax whatsoever.
182 5.—Chapter 56.
Record books Section 5. It shall be the duty of the clerks of the circuit and
of clerks and county courts, and the registers of the several counties in this State,
paieffoiMay c'nty to keep their records in well bound books, to be by them procured
trustee. for that purpose, which said books, so procured and kept by them,
shall be paid for out of the county tax in each county in this State,
by the trustee of their respective counties, on the order of the county
court, whose duty it shall be to make such order, upon the clerks of
said courts and registers producing before them, the receipts of the
persons from whom such books shall have been purchased, and mak-
ing affidavit, that they have paid, or are bound to pay, the sum or
sums specified in such receipt or receipts so exhibited.
BOOKS DESTROYED.
179 6.—chapter 21.
Whereas the office of the clerk and master of the court of equity, for
the district of Mere, was lately destroyed by fire, and the bool^.
BOOKS DESTROYED.
133
records and papers thereof were lost, whereby many persons are, or
may be much injured; for remedy whereof,
Section 1. Each and every decree heretofore made by the said court, Decrees esta-
be, and they are hereby established and declared to be good and wished,
valid to all intents and purposes, as fully as if the same had not been
destroyed as aforesaid. And in order to ascertain the substance of
the said decrees;
-Sec. 2. It shall be lawful for the different parties to any of
the said decrees, and their attorneys, in presence of the judge
or judges, to state by consent on their own recollection, or that of the videdC)1"endy
judge or judges, or by proof, on the oath of those who drew up the the parties inte-
said decrees, or otherwise came to the knowledge thereof, the true may Pro"
substance of said decrees, which shall be drawn up in form, and cee
signed by the judge or judges who signed the original decree, and
being enrolled of record, in the office of the said court, shall have the
same force as the said original itself; and the said judges, parties
and their attornies, shall, in making up the said decrees, be guided
by a minute docket of the said court, which was saved from the fire,
as far as information can be collected therefrom; and all copies of
decrees, that had been made out and certified by the clerk of said
court, shall be considered as of the same dignity, and have the same
force in law, as the original would, or ought to have had; and the
said clerk shall and may issue such process of execution, on any of
the said decrees made up and authenticated agreeable to the direc-
tions of this act, as ought to have been issued on any of the said ori-
ginal decrees; and where any copy or copies, or a decree or decrees
have been signed by the judge or judges, who signed the originals,
and proceedings have been had thereon, it shall be deemed good and
sufficient in law: Provided, There shall be proof and enrolment as
before set forth.
Sec 4. It shall and may be lawful for the substance contained
in such paper or papers, to be taken in writing, and the truth Established by
thereof being attested on oath, in open court, or before any oral proof,
judge of the superior court, or justice of the peace, by any credible
and disinterested witness, the same shall be received as legal testi-
mony in any court of record in this State: Provided, it shall be law-
ful for the opposite party to encounter such testimony by contrary
proofs, or shew the same to have been fraudulently or illegally ob-
tained, if he can.
18 21.—chapter 20.
Whereas said act recites that many papers and records were lost by
the office of the Clerk of the chancery court, for the Mero district,
being burnt in the year 1795, and which act authorizes affidavits
to be made of the substance of such papers and records as were
destroyed, and authorized said affidavits to be given in evidence
in courts of law and equity, and it being suggested that some of
the papers burnt in said office were title papers to lands and slaves,
and should have been registered if not burnt, and no provision
having been made for the registration of such affidavits: For
remedy whereof,
Section 1. Where any paper or record was burnt in said office, which Certain affida -
by law should be registered, and the substance qjf such paper is, or may ^ts t0 lM> rprorii"
134
books destroyed.
be preserved in manner contemplated by the act of 17Ut>, then and
in that case it shall and may be lawful, for any one interested, to
have such affidavit, containing the substance of an) legal title paper,
or a duly certified copy of said affidavit, from the records of the court
where the same has been, or may be made in open court, and put
upon the records of the court where made, registered in the proper
county where the original deed of which such affidavit contains the
substance, should have been or might be registered, if the same had
not been burnt; and upon this being done, said registered affidavit,
or said registered copy from the records of the court, or a copy of the
register's books, if said registered paper be afterwards lost, shall and
may be given in evidence in like manner, and shall have the same
force and effect, that the original deed would have had, if in exis-
Proviso, tence and duly registered: Provided nevertheless, That said affida-
vits, and the records thereof may be controverted by any proof either
written or parol, that can be adduced in opposition thereto.
BOUNDARIES OF LAND.
178 6.—Chapter 13.
Section 1. In all suits in the circuit courts of this State, wherein
the bounds of land shall come in question, if it shall appear to the
Surveyors to court necessary, such court may order two surveyors, one to be
be appointed if named by each party, to attend and run out and survey the land- in
necessary. dispute, agreeable to the bounds and lines expressed in each party's
title, and make three accurate plans of such surveys, and return the
same to such court; which order such surveyors are hereby required
to obey, and shall be allowed two dollars and fifty cents each, for
Their duty and every day they shall be travelling to and from attending the sur
pay* veys, and performing the duty by this act required.
Twelve 'urors ®EC* Twelve jurors, six of whom shall be chosen by each
to Tttend^he party, shall get upon the lands, the bounds of which shall so come in
surveyors, and question, and shall attend the surveyors while they are making such
thetria/Ury °D survey> an(* shall subscribe their names upon the plat or plats so to
6 rm' be returned by the said surveyors, and such jurors shall at the court
where such disputed bounds is to be tried, constitute a petty jury for
the trial of the same; and if one or more of the said jury"shall fail
to attend when such bounds is to be tried, his or their places shall he
attend how to be supplied by jurors drawn from the venire facias returned to the court
supplied. where such cause shall stand for trial; and such jur< u\s for their services
in attending such survey, shall have and recciv e one dollar per day
Jurors allow- each, and such allowances shall be taxed in the bill of costs, and
ance. paid by the party cast: Provided, That if the parties shall agree to
have but one surveyor, or a smaller number of jurors to go upon
Proviso,if the land, the court shall order one surveyor to go up< n the land, and
the parties shall perf0rm the duties enjoined by this act, and shall return three plans
surveyor,^ and i*1 tnanner as aforesaid; and the whole number of jurors so agreed
fewer jurors, &c, upon bv the parties, shall attend the said court, an-l constitute part
boundaries of land.
135
of the jury for the trial of the said disputed bounds, and the residue
of the said jury shall be drawn from the venire facias returned to the
said court; and the said jury so going upon the land shall be styled
the jury of view, and for attendance at the said court shall be enti-
tied to receive the same allowances as petit jurors, to be paid by the
party cast.
1799.—Chapter 51.
Section 1. It shall and may be lawful for the county court, on county Court
application of any person or persons claiming lands within the said ^^appmnt com-
county, to order their clerk to issue a warrant, directed to any three ^'^depositions
or mjre justices of the peace for said county, or other fit persons, of witnesses,
who shall be named commissioners, they or any two of them to
attend such person or persons making applica.ion for the same, at
their improvements, boundaries, or other special place called for in
their entries, or patents; and the commissioners so appointed shall
have full power, and they are hereby required to qualify and exa-
mine such witness or witnesses, touching the premises, as are re-
quired to come before them for that purpose; and such examination
to take in writing, which shall be signed by the deponent or depo-
nents, and tested by the commissioners, who shall transmit the same
to the clerk of the said court, and the said clerk shall enter the same
on record, and such deposition or depositions shall be as valid in
any court of justice as the testimony of the deponent or deponents
would have been if living, and taken in open court; and every per-
son making application to the court for the purpose aforesaid, shall
have to attend him or them at his or their improvement, boundary, or
other special place called for in his entry or patent about to be proved,
two or more disinterested persons, being residents of said county,
who shall be present when the witness or witnesses may be sworn and
examined; and it shall be lawful, if to the commissioners it appears May mark the
necessary, to cause the trees to be marked afresh, or do whatever trees*
else in their judgment may be deemed proper to perpetuate the im-
provement, boundary or special place, called for in the entry or
patent, on which the title to such land may depend: Provided, That Not to affect
any thing done in pursuance of this act, shall in no wise affect the titles of others,
title of the aforesaid land or lands adjacent, or interfering claims of
any person or persons, bodies politic or corporate, but only relate to
the boundary of the land, improvement, or special place called for in
the said entry or patent: Provided also, that no deposition taken Depositions
under the authority of this act, shall be admitted as testimony in any "fotd<5to0 b®ntr®a^
court in this state, if the deponent is living, and can be had in open be had°in court*"
court.
Sec. 2. Any person or persons applying for commissioners agreea- Thirty days
bly to this act, shall give thirty days previous notice to the owner or notice of the
owners, their agents, or attorney, if known, who may have lands aad place
adjoining, of the time and place of meeting, to prove the boundary, ° mee mS
improvement or special place, called for in their entry or patent; and
if the owner or owners, their agent or attorney, should not be known,
or reside out of the state, the applicant shall have the same twice
published in the nearest gazette to which such land shall be situated, °r twice Pub*
describing as nearly as may be, the improvement, boundary, or spe- lish'd inGazette>
cialty, called for in said entry, or patent about to be proved.
156
UOUJNDAftlES O* JLAJNt'.
Bu^lerkfor ^KC' ^^en an5l Person shall make applb ation to the couit, for
nesTes. 01 W*" ^ie purpose above mentioned, it shall be the duty of the said couit
to direct their clerk to issue a subpoena for such witness or wit-
nesses as the applicant may desire; and such subpoena or sub-
poenas, shall be directed to the sheriff or constable of the count),
where such witness or witnesses may reside; and the said sheriff or
constable is hereby required to execute the same without delay, and
make return thereof to the party, at whose instance such subpoena
issued, which shall be returned by the said part), and tiled in the
clerk's office.
F_ees of the dif- Sec. 4. The clerk shall be allowed the sum of thirty cents for
ferent officers, issuing the warrant to the commissioners, and twenty-five cents for
recording each deposition; and the commissioners hall each be
allowed one dollar per day for their services: each witness shall be
allowed one dollar for every twenty-five miles, he or tlicy may
travel in going to and returning from the place he or they are
summoned to attend, and seventy-five cents for each day, he or they
may necessarily be detained at the place about to be pio\ed, and
To be aid b un^er same penalties, forfeitures and restrictions, in case
applicant*01 for °f his failing or refusing to attend and give testimony, he would,
commissioners, provided he was summoned to attend court; the whole of the expense
to be paid by the party applying to have the business done.
BRIDGES.
18 0 4.—Chapter 1.
Expense and Section 5. Where a bridge shall be necessary over any" place
bridges are^ne" when the overseer with his assistance cannot make it, the court of
cessary to be that county wherein such place shall be, is hereby empowered and
erected, how to required to contract and agree for the building, keeping and repair-
e pai ' ing thereof, and to levy the charge in their county; and when
bridges shall be made necessary over any such creek or ri\ er which
divides one county from another, the court of each county shall join
in the agreement for building, keeping and repairing the same, and
the charge thereof shall be defrayed by both counties in proportion
to the number of taxables in each.
Contract for Sec. 6. All and every contract, agreement and order by the
^uiidmg ffi-idges, cour|S Gf the counties aforesaid, entered into or made, for or concern-
ing" on the6court, ing the building, keeping or repairing bridges in such manner, as to
them shall seem most proper, shall be good against them and their
successors.
Sec. 7. The justices of the courts through whose counties run
County courts ^ar?e water courses or creeks, which from the depth or rapidity
may cause toll of the water and width of the stream, may be too burthensoine to
bridges to be build bridges and keep them in repair by a tax on the inhabitants, it
erected, $c. b'}iap and may be lawful for the majority of the justices of such
county where it may be necessary to contract v, ith build* r«, to build
bridges.
637
toll bridges or expensive causeways, for each of which, each court is
hereby authorized and required to lay the toll to be paid on all per-
sons, horses, carriages and cattle passing over the same; the reve-
nue arising from which, for such a number of years as the said court
may agree upon to be granted unto the builder of the said bridges,
their heirs and successors for the building thereof, which bridges
being built under the direction of the said courts, and the revenue
arising from the toll thereof so granted, said builder or builders his
or their heirs or successors, shall keep in constant repair at his or
their sole expense, in default of which, on conviction, they are hereby
declared to forfeit all right and title to the toll.
1815, Ch. 121, § 1.—(Soldiers to cross bridges free of charge.—
See Ferries.)
1835.—Chapter 29.
Sections 1 and 2.(County court empowered to make local im-
provements, and assess tax therefor. See County Court.)
Sec. 3. In all cases where the county courts of this State shall Cotm t0 le?
direct the building of a public bridge or causeway at the expense of contracts and re-
the county, they shall at the same term of said court (at) which said ceive tbe works,
order is made, appoint three commissioners, whose duty it shall be
to receive propositions for the building of said bridge or bridges,
causeway or causeways, clearly specifying the extent, character
and description of said work, and report their proceedings to the next
ensuing term of said court, which said court may thereupon receive
and accept of such propositions so made as aforesaid, as to them shall
seem best, and shall thereupon direct that said work shall prpgress
under such regulations and securities as they may deem proper; and
upon being notified that the same is completed, shall appoint three
commissioners unconnected either by affinity or consanguinity with
the contractor or contractors, for the performing and completing of
said work, and shall require of said commissioners appointed as afore-
said, to examine and report upon said work, and if the same shall be
reported favorably of, the said court shall receive the same and
make such order on the trustee of the county as shall conform to and
with the contract entered into with the undertakers thereof.
Sec. 4. No mill dam, fish trap, bridge or other improvement, shall be
allowed by virtue of this act, so as to interrupt or in any way injure or rupt n°aV^Ltion.
impair the navigation of such streams or rivers as now are or
hereafter may be declared navigable within the State.
Sec. 5. Said courts shall#in no case gr?mt the liberty of erecting petitionermust
toll bridges, mill dams or other obstructions across any river or own the land or
water course in this State, unless the party petitioning thel'efor, have written
shall own the lands on both sides of said river or water course, upon con8ent-
which said improvement is designed to be made, or shall have the
consent in writing of the owner or owners thereof, and in all such
cases the said consent in writing shall be filed with the petition.
Sec. 6. In all cases where any person or persons desire to make Modeofappii-
or erect any such toll bridge, fish trap, mill dam or other improve- cation,
ment, or obtain any such right or privilege as is by this act
contemplated or provided for, such person or persons shall file .his
or their petition in the said county court of the county where such
improvement, right or privilege is intended to be made, on the first
10
138
BRIDGES.
day of the term thereof, setting forth the nature and object of such
application, and the said court at the next succeeding term thereof,
shall hear and determine upon said application; and in all cases
where the same shall be allowed or granted, the clerk of said court
shall record such petition at length, and the order and decree of said
court so made thereon, for which service he shall receive from the
party petitioning, the sum of fifty cents for every copy sheet, and
the said party petitioning as aforesaid, shall pay all costs and charges
incident to the order and decree of said court, for which execution
may issue.
Sec. 7. It shall be the duty of the said county courts respectively,
Public notice in all cases where petitions may or shall be filed under the provisions
required. Qf act? to cause notice thereof to be set up on the door of the
court house of said county at the term within which said petition
shall have been filed.
Sec. 8. That the several county courts of this State shall in no
Bridges not case authorize the erection or building of any toll bridge on the same
a'mije of^ano" stream or water course, within one mile of any other toll bridge
ther. heretofore erected, or the building of which may have been author-
izedat the date of an application for such privilege: Provided, That
this act shall not prohibit the county court from granting any person
or persons, the privilege of building bridges within less distance than
one mile from any other bridge, or any road or roads that have been
heretofore constructed or established,
old grants for Sec. 9. Whenever the county courts may have heretofore granted
bridges confirm- to any person or persons the privilege of building a toll bridge across
ed' any navigable stream in this State, the same is hereby confirmed
and declared good; but it shall not be lawful for any person who
may have obtained the grant of such privilege, as aforesaid, to build
such bridge, in such manner, as in any way to obstruct the naviga-
tion of the river or stream over which said bridge may be built.
Sec. 10. It shall not be lawful for any person or persons to erect
any gates, bars, or other obstructions, across the road leading to any
No obstruction to^ bridge, established or built under the authority of the said coupty
allowed on courts, within one half mile of said bridge; and should any person
roads* presume to violate the provisions of this act, by the stopping up or
obstructing of said road as aforesaid, he shall be liable to be indicted
in the circuit court of the county wherein said offence may have
been committed, and upon conviction he shall be fined by the court.
18 3 5.—Chapter 52.
Supplement to Chapter 29.
Streams and Section 1. That when any person may desire to build a toll
county lines. bridge across any river or stream that constitutes the line between
two counties, and is moreover the owner of the land on both sides of
the river or stream, where he may desire to build said bridge, it
shall be lawful for the person desiring to buiM said bridge, to make
application by petition, to the county court of either county for the
privilege to build said bridge, in the manner pointed out in said
act, and it shall be lawful for the county court of the county, wherein
such application is made, to make all orders necessary in such case,
and to either grant or refuse such application.
brokers*
139
Sec. 2. If application be made to the court of one county, for the
privilege to build a toll bridge as aforesaid, which shall be refused by Pji^°ionC°t;o ^
said court, it shall not be lawful for the court of the other county made,
afterwards to grant the same applicant such privilege, should an
application be made for that purpose.
Sec. 3. That should the person who may wish to build a toll bridge
across any river or stream which may be the line between two written consent
counties, not be the owner of the land on both sides of said river or of owner of land
stream, he shall make application for the privilege to build such required*
bridge, to the court of the county wherein he may reside, and shall,
before said court shall grant such privilege, produce to said court, the
consent in writing of the person who may own the land on that side
of the river or stream, where said bridge is to be built, not owned by
the applicant, which consent in writing shall be proven by two wit-
nesses to the same, and shall be recorded by such clerk of said court
with the petition for such privilege.
Sec. 4. The court of the county wherein the "grant of the pri-
vilege to build a toll bridge under the provisions of this act, shall be late t0 rcgu'
obtained, shall have the power to regulate the toll to be taken at said
bridge, and to make all such orders, and do whatever else may be
necessary for the well regulating of said bridge.
Brokers.
18 23.—Chapter 58.
Section 1. Each broker or factor, dealing in gold or silver,
or in the notes of banks of this state, of any other state, or of
the United States, or in drafts or bills of exchange drawn for the
payment of money, by buying and selling the same, shall be bound, at
the end of every year, to apply to the clerk of the county court, of Clerk t0 lssue
the county in which he shall reside, for a license to follow such bu- license for $75.
siness for the term of twelve months thereafter, which license the
clerk shall be bound to issue upon such applicant's paying to him
seventy-jive dollars at the time of obtaining said license; and the said
clerks respectively shall pay to the treasurer of Tennessee the mo-
neys so received by them, in the same manner that other public
moneys are now directed to be paid by law.
Sec. 2. If any person shall, contrary to the true intent and mean-
ing of this act, buy or sell, barter or exchange, any gold or silver, or Penalty for
any bank notes of this state, or of any other state, or of the United wUhourucense'.
States, or any drafts or bills of exchange drawn for the payment of
money, as a broker or factor, without a broker's license first had and
obtained, he shall, for every such offence, forfeit and pay the sum of
one thousand dollars, together with double the amount so bought or
sold, bartered or exchanged, to be recovered of him before any court
having jurisdiction thereof, one half to the use of the state, and the
140
#AMP GROUND.
other half to the person suing for the same; and such offender shall
be further liable, at the suit of the treasurer of the state: Provided,
that no person shall be considered a broker, within the meaning of
this act, and be exposed to the penalties thereof, who does not niake
a business of buying and selling, bartering and exchanging, of gold
or silver, or bank notes of this state, of any other state, or of the Uni-
ted States, or drafts or bills of exchange drawn for the payment of
money, one for another, for the sake of money: nevertheless, any per-
son who shall, in any term of four weeks, exchange the amount of
five hundred dollars in Tennessee bank notes, for the value thereof
in any other of the above described funds, and shall, also, during the
term of four weeks respectively, exchange the sum of five hundred
dollars in any of the above described kind of funds, except Tennessee
bank notes, for their value in Tennessee bank notes, shall be deemed
to follow the business of a broker within the meaning of this act, and
shall siand exposed to the penalties thereof.
18 2 7.—Chapter 85.
statutes a ainst ®EC" The several statutes passed for the suppression of broker-
brokerage deem- age shall be deemed remedial, and shall be liberally construed; so
ed remedial. as to effectuate, the intention of the legislature, and to suppress
the evil intended to be remedied, disregarding all formal or technical
subtilities, and in all cases when a declaration may be filed or that
may be filed hereafter, in any action or actions, that may be founded
on said statutes the attorney general shall be authorized to amend
such declaration when he may deem it proper to do so.
CAMP GROUND.
1833.—Chapter 90.
Section 2. If any person shall maliciously throw down any fence
or enclosure of any camp ground, in any county in this state, they
shall on conviction before any justice of the peace in this state, pay
the sum of ten dollars to the use of the person who may sue for the
same.
Penalty for
throwing down
fence of a camp
ground.
certiorari and supersedeas*
CERTIORARI AND SUPERSEDEAS.
constitution, article vi, section 10.
141
18 01.—Chapter 7.
Section 4. Where any person shall make application for a writ of
certiorari and supersedeas to remove the proceedings of a justice of p Proceedings
the peace, in any cause which has been determined, the party peti- "a7nTng cerdora"-
tioning for such writ, shall state his reasons, (a) on oath, (b) within ri and supersa-
twenty days after the date of the judgment before any two justices of [leas before two
the peace; and if upon examination, such reasons should be sufficient,Justlccs'
the said justices shall direct the clerk of the circuit courts to issue
writs accordingly; and the said clerk upon issuing such writ, shall
direct the justice of the peace, by whom the judgment was granted,
to enclose all the papers relative to said suit, under hand and seal,
and transmit the same to his office on the first day of the court next
succeeding; and the said clerk shall also issue a writ of supersedeas,
in all necessary cases, which shall be directed to the officer in whose
hands the execution may be, and the same shall be an effectual bar
against all future proceedings by him thereon, and it shall be the duty
of the said officer, in all cases, to notify the plaintiff of such proceed-
ings, to the end that he may avail himself of the advantage of making
his defence on the aforesaid first day of the next succeeding court, (c)
1807.—Chapter 81.
Section 1. Whenever any person or persons, or the agent of such
person or persons, shall be about to obtain a writ of certiorari to . clerk t0 tak.c
£ • -a. j- • c it . . n bond and securi-
bring the proceedings in any cause from the county court or from ty upon issuing
before a justice of the peace into the circuit court, it shall be the duty writs of certio-
of said clerk of such circuit court, before issuing such writ of certio- Wiethe judgment
rari, or a writ of supersedeas, in any such cause, to demand and take
from the person applying for said suit or his agent, bond with secu-
rity, approved by said clerk, in double the sum for which said judg-
ment shall have been recovered, payable to the opposite and con-
tending party in said cause, with a condition that the same shall be
void, if said party prosecute his certiorari with effect, or in case he Condition of
fail, that he will perform whatever judgment shall be awarded and the bond'
rendered by said court in said cause; or in case said certiorari shall
be dismissed by said circuit court for informality or want of sufficient
substance, that said person so obtaining said certiorari shall well and
truly satisfy said judgment as the county court or justice of the peace
shall have given against him; and it shall not be lawful for any clerk
to issue a writ of certiorari and supersedeas, without bond and secu-
rity taken as aforesaid.
(а) There can be but two grounds for dismissing a certiorari: first, the not showing why an appeal was
not taken: second, a want of merits apparent upon the face of the petition. 2 Tenn. 110—179.
(б) The affidavit of one of the petitioners (where there are more than one") is sufficient to authorize the
granting the writ. 2 Tenn. 179.
(e) If the defendant be not notified that a certiorari was allowed before the first term, he may take excep-
tions at a subsequent term. 1 Tenn. 55.
CERTIORARI AND SUPERSEDEAS.
When court Sec. 2. When a cause shall be brought from before a justice of the
to enter upjudg- peace or county court into the circuit court, by certiorari as afore-
^lnst'the^prin^ sa^' an(*the Party Praying such certiorari, shall be cast in said cause,
cipai and his se- it shall be lawful for the court in which said cause is so decided, at
curities. the motion of the party in whose favor said cause is decided, to enter
up judgment instanter against the principal and his securities, for
whatever sum shall be recovered with twelve and a half per cent,
interest and costs, and execution shall issue for the same. (d)
1817, Ch. 119, §2.—(Certiorari dismissed judgment against prin-
cipal and securities. See Appeals.)
1821, Ch. 7, § 1.—-(No supersedeas to be granted unless the peti-
tioner state whether there has been one before. See Injunction.)
18 2 7.—Chapter 13.
Judgment be- Section 1. When any cause shall be removed by certiorari from
be enteredag'nst any county court in this state to the circuit court, or from the judg-
securities for ment of a justice of the peace to the county or circuit court as the
debt, costs, and case may be, and the court before whom said cause so removed by
% per cent. certiorari may be determined shall affirm the judgment of the court be-
low, it shall be the duty of the said court to enter judgment against the
principal and his securities for the amount of the judgment below
with costs, and twelve and one half per cent, from the date of said
judgment.
18 27.—Chapter 26.
Certiorari and Section 1. No certiorari shall be granted to bring up any cause
supersedeas for {nt0 a circuit court when judgment has been rendered before any
shewnUto beSer^ justice of the peace in this state, unless the party praying the same
roneous. shall in addition to the usual causes now pointed out by law and prac-
ticed in said courts particularly set forth and shew the error in the
rendition of the judgment, in making the proper calculations, the
amount of the mistake and in what it consisted, and then he shall be
entitled to a certiorari and supersedeas for no more than the amount
f r ^us shewn and pointed out, and execution shall and may be issued
theEba1anee.n 0r f°r the balance of said judgment as in other cases.
Sec. 2. When any certiorari or supersedeas may be granted under
Justices to this act, the justice of the peace shall certify a copy of the proceed-
send up copies & ings had before him unto the superior court, and keep the original
naT'a era 0"Si recor^ *n his office upon which he shall issue the execution for the
na papers. balance, and the superior court shall act upon the copy so certified
in the same way that they have acted upon the originals heretofore,
'oin^ defendants Sec. 3. It shall and may be lawful for one or more joint defendants
may obtain cer- to ask for and obtain a certiorari and supersedeas whether the other
(d) If a bond for a certiorari be defective, a new one may be taken: 1 Tenn. 344.
2. A judgment may be rendered against the securities for a certiorari at the same time it is taken against
the principal. Peck, 159.
3. A certiorari and supersedeas will be dismissed, if no bond to prosecute them be given, or if some cause
is not shown why they were not applied for to the next term of the circuit court, after the judgment was ren-
dered. 3 Yerg. 408;
CHAMPERTY,
143
defendant or defendants join in praying-the same or not, but in all gj?Ysiand8upcr
such cases, (if from before a justice of the peace,) a copy of the pro- se eas'
ceedings shall be sent up and acted on as pointed out in the above
section of this act: Provided, that such justice rendering the first
judgment may issue execution against the defendants not praying
such certiorari or supersedeas as though the same had not been ob-
tained.
182 9.—chapter 16.
Section 1. No certiorari, supersedeas, or injunction shall be grant- certiorari and
ed in any case in this state, unless the party praying the same shall, JmSoniyM
in addition to the usual causes now pointed out by law, set forth and is shewn to be
shew the error in the rendition of such judgment, in making the pro- erroneous & ex.
per calculations, the amount of the mistake, and in what it consisted, 'f°r th^ba-
and then he shall be entitled to a certiorari and supersedeas or in- lance,
junction, as the case may be, for no more than the amount thus
shewn and pointed out, and execution shall and may be-issued for
the balance of said judgment as in other cases.
Sec. 2. All writs of certiorari and supersedeas granted to revise Certiorari and
the judgment of any justice of the peace in this state, shall be made turnaw^oniy'to
returnable to the circuit court. circuit court.
Sec. 3. In all cases commenced before any justice of the peace in 0riginai Plain*
this state, which shall be brought into the circuit court by certiorari, security™ 6
it shall be the duty of the court, on motion, at the return of any sub-
sequent term, while said cause may be depending, to require of the
original plaintiff in said cause to give security for the costs of suit.
183 3.—Chapter 65.
Section 1. Whenever any person shall desire to make applica- Affidavit for
tion to a circuit judge for a certiorari, it shall be lawful for said per- certiorari may
son to make oath as to the truth of the facts stated in the petition for l>e ™ade l,efore
said certiorari, before any justice of the peace in this state, and any iustlce*
affidavit so made, shall be as good and valid as if made before a judge
or clerk of the court.
Sec. 2. Two justices may grant a certiorari and supersedeas to Two justices
remove the judgment and proceedings of justices of the peace, re- may er»nt certi-
turnable to the circuit court of their county, subject to the same rules ger^aand super*
as now regulate certioraris as granted by a circuit court.
CHAMPERTY.
1821.—Chapter 66.
Section 1. No person shall agree to buy, or to bargain, or to sell ge]^° tended
any pretended right or title in lands or tenements or any interest tights Stands.
144
CHAitfPERT*.
therein, and if any such agreement, bargain, sale, promise, covenant
or grant be made, where the seller has not himself, or by his agent
or tenant, or his ancestor been in actual possession of the same, or
of the reversion or remainder, or taken the rents or profits for one
whole year next before the sale, such sale, bargain, promise, cove-
nant, grant or agreement shall be utterly void; and if any suit in
law or equity shall be brought for the recovery of the lands or tene-
ments as bargained or contracted for, whether the agreement, sale,
bargain, covenant, grant, or promise be executed or executory, the
court in which such suit may be depending, upon the facts being dis-
closed in either of the ways hereinafter mentioned, shall forthwith
N0tt0Prr„t dismiss such suit with cost: Provided, that nothing herein contained
lands not ^d- shall be construed to an absolute and bona jide sale, or mortgage_of
Tersely held., lands or tenements not possessed and held adversely at the time "of
such sale or mortgage; nor shall sales by execution be prevented or
Nomon-resi- impaired, but continue as heretofore: and Provided also, that nothing
lands^inthisst'te herein contained shall be so construed as to prevent any non-resident
not adversely of this state, from selling and conveying any lands in this stale, which
held. said non-resident may own, of which lands no person may at the time
of such sale, hold adverse possession by deed, devise or inheritance;
and if any person shall sell any lands or tenements, not having pos-
session thereof by himself, agent or tenant; and which land is ad-
versely held under color of title, in such case champerty shall be
presumed until such purchaser shall show that such sale was bona
jide made.
Sec. 2. It is hereby declared not to be lawful for any party, plaintiff
or^ncfdentaf fee or Person intending to be plaintiff to a suit in law or equity to promise or
to be given: agree to payor give any greater or less sum or sums of money, or
any greater or less portion of the thing in litigation, upon any con-
tinge ncy, or upon the amount of the suit; and if any practicing attor-
ney or other person (with the exception contained in the ancient
law) shall hereafter enter into any understanding, promise or agree-
ment, with any person who may have already brought suit in any of
the courts of this state, or who may hereafter bring suit, or be about
to bring suit in any of the courts holden in this state, such contract
is declared to be void and of no effect; and upon the fact of champerty
or other unlawful contracts being satisfactorily disclosed to the court
where such suit may be depending in either of the ways hereinafter
Attome mak ~rnen^onedj the suit shall be by the court dismissed, and the attorney
ing such contr'ct or attorneys so entering, after the passage of this act, into such un-
to be stricken derstanding or agreement shall be by the said court stricken from the
forfivethears°11S attorneys, and shall be adjudged disqualified to practice in any
or ve years. ^ ^ courtg Gf this state for the term of five years: and for the more
easy detection of such offences in future, it shall and may be lawful
for any defendant or defendants by themselves or their counsel to file a
ryor °invesUga- in equity against the party claiming title, and if necessary against
tion may be filed his attorney or attorneys for discovery and relief, and obtain an injunc-
tion where it may be deemed proper, (which bill must in every instance
be sworn to) or at his elections as herein specified, at the term to
which the process in any suit is made returnable if the same hath
been served or executed, to exhibit interrogatories to the plaintiff or
plaintiffs, their agent or attorneys, for the discovery of any or all of
the matters heretofore made unlawful by the laws in force and de-
clared to be unlawful by this act, a copy of which shall be served on
CHAMPERTF.
145
the attorney or attorneys supposed to be engaged in the said cause,
which service shall be considered as good service, and such at-
torney or attorneys engaged in such cause within three days (un-
less on application to the court further time shall be allowed,) if there be
shall put in full, clear, and distinct answers to such interrogatories, champerty the
And if thereupon it shall appear that either maintenance or cham- cause to be dis-
perty as aforesaid hath taken place, or on refusal of such attorney or missed"
attorneys to answer the interrogatories they shall be taken as con-
fessed, and in both cases the suit either in law or equity shall be dis-
missed with costs, and said attorney or attorneys discharged from
practice as aforesaid: Provided, that no attorney or attorneys shall
be stricken from the roll of attorneys, unless he has had an opportu-
nity of answering in equity or on interrogatories: and further Pro-
vided, that no attorney shall be stricken from the roll of attorneys by
force or virtue of this act, unless he shall after its passage enter into
some contract or agreement hereby declared to be unlawful.
Sec. 4. Whenever it may in the opinion of the court be necessary Conrt may
for the discovery of any of the matters in this act declared to be un- time for answer-
lawful, to have the interrogatories answered by plaintiff or plaintiffs iginterrogator'*
or their agents, it shall be lawful for the court to prescribe the time
in which they shall answer the interrogatories, and upon service of
process, and their failing to answer within such time as the court
shall appoint, the matter in the interrogatories shall be taken as con-
fessed, and judgment shall accordingly be given that the suit be dis-
missed: Provided, that no cause shall be heard or tried until the
interrogatories shall have been fully answered: and Provided al-
so, that service of a copy of the interrogatories upon the counsel of
record shall be good on their client or clients.
1827.—Chapter 39.
Section 1. In any suit which may be brought in the name of any
Indian reservee, to recover lands under the provisions of the treaties in suits in name
of 1817 and 1819 between the United States and the Cherokee nation ve/inten-ogato-*
of Indians, it shall and may be lawful for the court before whom said ries may be tiled,
suit may be depending, at any time upon the suggestion of the de- and suit dismiss-
fendant, his agent or attorney, to allow interrogatories to be exhibit- champerty!^ °
ed to any person or persons, and if upon such examination it shall
appear to the court that .'•aid suit was instituted or prosecuted in whole
or in part, or upon any contingent interest, or in trust for any other
person than the one in whose name such suit was brought, it shall
be the duty of said court to dismiss the same, or it shall and may be
lawful for the defendant, his agent or attorney upon the trial of said
suit to interrogate any person or persons, witnesses in said suit to
ascertain whether said suit was instituted or prosecuted in whole or
part, or upon any contingent interest or in trust, for any other per-
son than the one in whose name such suit was brought: and if such fact
shall appear from such examination, it shall operate as a bar to the
recovery of the plaintiff: Provided, that nothing herein contained
shall be so construed as to require counsel to disclose what may have
been communicated to him by his client, but the law upon that sub-
ject shall remain as heretofore.
Sec. 2. The act of 1821, entitled "an act concerning champerty ^66?^ force
and maintenance," and all the provisions thereof, shall be considered »g»instreseme«
20
146
change bills.
in force as against reservees, and suits pending, or to be instituted
for the recovery of reservation claims aforesaid, which are not in-
consistent with the provisions of this act.
CHANGE BILLS.
181 7.—Chapter 60.
Section 1. If any person or persons, firm, co-partnership, or cor-
Clerk to issue poration, should be desirous to issue and have circulated, any change
anceBoff°ch?nge bills or change tickets, with a view to supply the scarcity of small
bills upon pay- change, the coin or circulatii g medium of this state, he, she, or they
ment of $1000. ghall first apply to the clerk of the county court, in which he, she, or
they may reside, or in which he, she, or they may be desirous of
issuing the said change bills or change tickets, and shall pay to the
clerk, for the use of the state, a tax of one thousand dollars, which
said clerk, on receiving the tax aforesaid, is hereby required to issue a
license to said person or persons,firm, co-partnership, or corporation,
giving him or them the privilege in such county to issue such change
bills or change tickets, evidently intended in the place and stead of
small change, the genuine coin of this state, for the term of one year,
and no longer; which said clerk on receiving the tax aforesaid, shall
account for the same as other public moneys in his hands.
Sec. 2. If any person or persons, firm, co-partnership or corpora-
tion shall issue any change bills, or change tickets, evidently intend-
eufn^ch'ge^biiis e(*to be used, and passed and circulated, in lieu or in the place and
without licensa. stead of the amount of money named in such change bill or change
ticket, without first haying procured from the clerk of the county, the
license as required by the first section of this act, he, she, or they, for
every such offence, shall forfeit and pay the sum of fifty dollars, to
be recovered by action of debt before any justice of the peace of the
county in which such person or persons may reside, one half to the
use of the county in which such offence may have been perpetrated;
the other half to the use of any person who will sue for the same.
Sec. 3. If any person or persons shall pass any change bill or change
chanT £Stg ^c^et or tickets, which may have been or that may hereafter be issued
transfer interest by any person or persons, firm, copartnership or corporation, evidently
therein, & be lia- intended to supply the place and scarcily of small change, the circu-
We for amount. jating medium of this state, shall, before he, she or they may have
passed the same, on some part of such change bill or ticket, in writ-
ing, transfer the interest in such change bill or change ticket, to the
person in whom he, she, or they may wish to vest it, and shall always
thereafter be liable to such person or persons, for the amount of such
change bill or ticket, if the same cannot be collected from the obligor
or maker of such change bill or change ticket; and if any person or
persons shall pass any change bill or change ticket, without the
transfer or endorsement aforesaid, he, she, or they, for any such fail-
CLERKS OP THE COUNT? COURT.
147
ure, omission, neglect, or refusal, shall forfeit, and pay the party
aggrieved, a sum double the amount of that called for in such change
bill or change ticket, to be recovered by action of debt, before any
jurisdiction having cognizance thereof.
18 2 3.—Chapter 62.
Section 1. If any persons, firm, co-partnership or corporation,
shall issue any change bills, or change tickets, or accepted orders, or Personsvlolat-
bills of exchange, with a view of circulating them to supply the scar- isn* chapf 60!
city of change, or to make profit thereby, contrary to the provisions subjectto indict'
of the act of 1817, chapter 60, the person or persons, firm, corpora- ment-
tion or co-partnership, so offending shall be subject to indictment in
the circuit court in the county where the offence shall be committed;
and shall, on conviction, be fined, at the discretion of the court where
such conviction is had, in a sum not more than five hundred dollars,
nor less than fifty: and it is hereby made the duly of the attorneys
general of this state, to give this act in charge to the respective
grand juries.
CLERKS OF THE COUNTY COURT.
constitution. art. vi. secs. 1, 3.—art. vii. sec. 7.
179 4—Chapter 1.
Section 50. There shall be a clerk to each of the county courts,
who shall each give bond, with sufficient security, in the sum of five
thousand dollars, payable to the Governor or his successors in office, n *
for the safe keeping of the records, and the faithful discharge of the
duties of his office, which said bond shall be lodged in the secretary's
office, and may be assigned and put in suit, and recovery had in the
same manner, and according to the rules and restrictions as prescribed
for suits on bonds, given by clerks of the circuit courts; and each of the
said county court clerks shall take an oath to support the constitu- To tafce Qath
tion of the United States, and the oath of office, directed to be taken
by the clerks of the circuit courts, and be subject to similar pains and
penalties for similar offences.
Sec. 72. All deputy clerks shall take the oath appointed for the
qualification of public officers, and an oath of office. And in case of corn?-
the death of the clerk of any court, his deputy shall hold the office of nue 'to hold, in
clerk until he or another shall be appointed, and shall be entitled to case of death «f
the fees and perquisites of the office until such appointment. c,erk*
148
CLERKS OF THE COUNTY COURT.
17 9 6.—Chapter 7.
To put upaiiat Sec. 2. The clerks of the several circuit and county courts of this
of fees. State, shall, and they are hereby required to put up in some public
place in their office, an exact copy of the fees allowed by law; and
Penalty for also in the court-house, during the sitting of each court; and for every
failure. failure or neglect, they shall forfeit and pay the sum of twelve dol-
lars, to be recovered by wan-ant for the use of any person who will
sue for the same,
Sec. 10. If the clerk of any court, shall be guilty of any breach of
Violation of the duties enjoined by this act, either by his own confession or ver-
misbehavior^ * °^ct a JU1T' ^ on a second conviction, be adjudged and deemed
a misbehavior in office, for which said clerk shall be removed from
office.
18 01.—Chapter 17.
Section 1. If any clerk of a court of record, shall, willingly, wit-
tingly, or corruptly, do any act or thing, contrary to the duties of his
fofm'dut1 to b' °®ce as Prescribed by law, or in like manner omit or refuse to per-
anisbehavior0 & form any services or duties required of him by any act or acts of the
indictable. General Assembly, he shall be deemed guilty of a misbehavior in
office; and on conviction thereof by indictment, the court, of which
he is clerk, shall have full power and authority to remove him from
office; but nothing herein contained shall be construed to prevent
any clerk from appealing.
Sec. 2. Immediately upon a bill being found against any clerk, the
penT'ciTrY^n- court may continue or suspend him, as to them may appear consis-
dieted,appoint tent; and should the court suspend said clerk, they shall appoint a
further notice c^er^ Pro tempore, until a final decision can be had, who shall be
urt er notice entjtje{j to ^ fges arising from said office, during his continuance
therein. And if upon trial of the issue of traverse, the fact or facts
should not be supported, the court shall reinstate such clerk so sus-
pended; but should the charge be supported, and be of the magnitude
and description mentioned in the first section of this act, the court
shall have power to remove such clerk: Provided, a majority of the
acting justices be present.
Uponsuspen- Sec. 4. Upon the suspension or removal from office of any clerk,
sion or removal the court shall have power and authority to call for and demand of
ail papers to be gaid clerk, all records, papers and documents of what kind soever,
g ven up. belonging to his said office. And in case the said clerk should fail, or
refuse to deliver the said records, papers, or documents, when thereto
required and demanded, he shall forfeit and pay the sum of five thou-
givfn^hemup-* sanc^ dollars,to be recovered by action of debt, before any jurisdiction
v ng m having cognizance thereof.
180 5.—chapter 1.
To keep their Section 1. The clerks of the courts of equity, of the circuit courts
offices in county of law, and of the county courts, registers and rangers, either by
town. themselves or lawful deputies, shall keep their offices within the
county town, or place established by law for holding their respective
CLERKS OF THE COUNTY COURT.
149
courts; and that all the public papers, and records, belonging to
their said offices, be and at. all times remain there.
Sec. 2. It shall at all times be the duty of each of the said officers, Tq ^
by himself or deputy, to give due attendance at their said offices, for attendance at
the purpose of performing their official duties, under the regulations offices,
and restrictions of the act of 1801, ch. 17.
1811.—Chapter 47.
Section 1. It shall and may be lawful for any person or persons, Mode by which
that now are, or hereafter may become a security or securities, for securities of may
any clerk of any county court, circuit court, or any other court of be released-
record in this state, whenever he or they shall, from the conduct of
said clerk or clerks, be induced to think him or themselves in dan-
ger of sustaining a loss, by reason of the failure of said clerk, to give
ten days notice to said clerk, that he or they will apply to the next
court of the county or circuit, or any other court of record in this
state, as the case may be, to require the said clerk to give other
security, and if he shall fail or refuse to do so, it shall be considered
as a surrender of his office, and the said court shall proceed to ap-
point another in his stead (a); and if the said clerk shall give other
security to be adjudged sufficient by the court, then the former secu-
rity shall be discharged from all responsibility for any failure of said
clerk, for, or by reason of any act or acts to be done by him after the Security not
date of his or their discharge: Provided, That nothing herein con- released from
tained shall be so construed as to discharge said security or securi- a^'b^ore* &the
ties, from any responsibility for any act or acts of said clerk, before discharge,
the release or discharge of said security or securities.
181 2.—chapter 16.
Section 1. When the security or any of them, of any clerk of a To give other
court of record within this state, shall die or remove himself out of
the county or become insolvent; and any person notifying such court vaiorinsoiv'ncy
of the death, removal or insolvency of any security of a clerk, as of securities,
aforesaid; or if the court shall in any wise know thereof, it shall be
the duty of such court to notify their clerk, that at the next succeed-
ing court, he shall give additional security in the room of such secu-
rity as are dead, removed, or become insolvent; and in case of fail- office to be
ure or refusal of said clerk to enter into other sufficient security, his vacated on fail-
office shall be vacated, and the court shall proceed to appoint ano- uret0 do s0*
ther.
1812.—Chapter 24.
Section 1. It shall not be lawful for any clerk of a court of record, no fee for an-
in this state, to demand or receive any fee for annexing the county certain
seal to his certificate to the probate of a deed, for land lying in the cases,
same county in which he is clerk; neither shall any of said clerks be
(a) If a clerk when required by his securities, fail to give other security, the court may, without convic-
tion by a jury, remove him from office, and not infringe the Constitution thereby. 3 Hay. 26.
2. Clerk cannot be removed from office without notice of motion, unless he be present. Peck. 334.
150
clerks of the county court.
allowed any fee for receipting in the back, or any other part of a deed
or grant.
1819, Ch. 26, } 3.—(Clerks allowed twenty-five days to deliver
road orders. See Roads.)
18 2 2.—Chapter 19.
Section 4. If any clerk or deputy clerk of any county court in
$500penalty this state, shall grant marriage license to any white man authorizing
for issuing mar- him to intermarry with a negro, mustee or mulatto woman, or shall
nage license to • °
white man to lss"e license to any negro, mustee, or mulatto man, authorizing him
marry negro,&c. to intermarry with a white woman to the third generation inclusive,
knowing them to be such persons whose intermarriage is prohibited
by this act, such clerk or deputy clerk so offending shal lforfeit and
pay the sum of five hundred dollars, to be recovered by action of
debt, by any person who will sue for the same, and be liable to a cri-
minal prosecution either by indictment or presentment in the circuit
court, where such offence shall be committed, and on conviction may
be fined at the discretion of the court.
18 2 3.—chapter 14.
Section 2. If any vacancy should happen in any of the county
courts, it shall and may be lawful for the acting chairman of the
court, to appoint a clerk until the next term of said court, and take
bond and security for the faithful performance of his duty, until the
next term of such court.
18 2 7 .—Chapter 49.
Section 12.'—(To produce receipt for public moneys, or be re-
moved, &c. See Attorney-General.)
Sec. 16. The county court of the several counties in this state
shall provide a book, in which it shall be, and is hereby made
a book andTe- express duty of the clerks, to list all appropriations or allowT-
cord all appro- ances made by said court, all certificates of jurors and officer's
priationp. attendance, or other claim chargeable against the count)T, set-
ting forth the character, description and for what purposes made; the
amount and date, together with the book and page where such allow-
ance may be made, and shall endorse upon such order or certificate,
that it has been registered in his office, and such endorsement of the
clerk shall be necessary to authorize the county trustee to pay the
same.
Sec 27. The clerks of the county courts of the several coun-
court toC°make ties in this state, shall, at the first court in each and every
out abstract. year, make out a copy from the revenue docket—the book
in which the claims chargeable against the county are regis-
tered—and a copy of the commissioners' report for the preced-
ing year, setting forth the several items, from whom received, and
from wThat source derived—to whom payable, and for what purpose—
making a full exhibition of all the receipts and disbursements of the
county revenue for the preceding year, and post up the same on the
Chairman to
appoint in case
of vacancy-
CLERKS OF THE COUNTY COURT.
151
inside wall of the court house:—and it shall not be sufficient to put
up the same in pamphlet form, but it shall be securely posted up for
public inspection.
1827, Ch. 58,51 and 2. (To institute suit for violation of this act.
See Revenue of State.)
18 31.—chapter 6.
Section 1. It shall be the duty of the clerks of the several county to preserve
courts of this state, and said clerks are hereby directed and required Journals of con-
to receive and preserve all journals of the Congress of the United gres8.
States that maybe transmitted to them; to keep said journals at
their offices, (except in cases otherwise directed by this act,) and to
admit all and every person or persons whatsoever, to inspect and
peruse said journals as often as they see proper, free of any fee or
reward whatever.
Sec. 2. It shall be the duty of said clerks when any person resid- To takc re.
ing in the county in which he is clerk, may desire to have any of ceiptswh'nioan*
said journals to take to his residence, to permit such person to have edout.
the same: Provided, said person shall tender to the clerk his receipt
for said journal, wherein he shall promise to return said journal,
within two weeks from the date of its reception; but in no instance
shall any person be entitled to remove any journals from the clerk's
office unless he shall previously present the clerk with a receipt
ready drawn and truly dated as directed in this act.
18 31.—Chapter. 9.
Section 2. All public services done for the county by the
county court clerks, are hereby deemed • in virtue of his office,
amongst which all notices or writs of notification against jurymen,
shall be considered; and the respective courts may allow reasonable
satisfaction for the same, annually, out of the county tax, not exceed-
ing the sum of fifty dollars.
1831.—Chapter 29.
Section 2. The clerk of every county court in this state, shall at
every "court to be holden for their counties, present to the justices there-
of, in writing, the names of all orphan or minor children in their county,
that they shall know of, where one or more of the securities of the
guardian aforesaid is dead, removed out of the state, or has become
insolvent.
18 3 2.—Chapter 7.
Section 2. It shall be the duty of the clerks of the respective
courts in this state, to reside in the county, where the courts, of To reside in
which they are clerks, a^-e respectively held, and the non-residence the county wh're
of any such clerk shall be held and deemed an abandonment of his eyare cer
office; and it shall be the duty of such court to appoint a successor.
Ex officio ser-
vices, and allow-
a nee of 50 dol-
lars therefor.
To present to
court the names
of orphans, the
security ofwh'se
guardians are
dead, removed
or insolvent.
152
clerks uk the county court.
183 3.—Chapter 22.
Services for Section 2. It shall be the duty of the different clerks in this state,
pensionerswith- on application of any pensioner, or his or her agent or attorney of his
out fee. county, for a certificate and seal of the county, on any power of attor-
ney anthorizing said person to draw or receive said pension for the
benefit of said pensioner, to certify the same without fee or reward,
and on failure or refusal to do so, it shall be deemed and considered a
misdemeanor in office, and punished accordingly: Provided, That
this act shall not be so construed as to extend to any person except
revolutionary pensioners.
1833, Ch. 43, } 3, (Motion against for refusal to exhibit execution
docket. See Attorney-General.)
183 3.—Chapter 86.
Section 1. If any clerk of a county court in this state, shall fail,
Misdemeanor or ref"use to furnish a tax list, in the time and manner pointed out by law,
to fail to furnish it shall be considered a misdemeanor in office, for which he miy be
a tax list in time, indicted in the Circuit court of the county wherein he is clerk, and
upon conviction, may be removed from office by said court.
1833, Ch. 92, } 15. (To enter probates in bound book. See
Registration.)
§ 16. (To be paid for books- See Registration.) /
5 17. (Penalty for failure of duty. See registration.)
1835, Ch. 2, § 4. (Manner and time of election. See Election.)
§ 5. (To give bond and security, and take oath of office. See Elec-
tion.)
Ch. 9,5 1. (Clerks to lay certain minute and record books before
county court. See County Court.)
183 5.—Chapter 12.
Section 17. When any clerk of any county court shall receive
To distribute forms and instructions from the comptroller, which are intended for
formsmptr°Iler B use °^er Pei'sons> as contemplated by this act, he shall distri-
bute said forms and instructions according to the directions of the
comptroller.
18 3 5.—Chapter 15.
kit Section 9. It shall be the duty of the several clerks of the county
ef towns. P a 8 courts in this State, to make out a rough plat of the several towns in
their counties, giving the number of each lot and the size thereof,
where plats have been filed in their office, which they shall deliver
to the revenue commissioners who may be appointed to take a list of
taxable property and polls within said towns.
Sec. 14. It shall be the duty of the clerks of the several county
courts in this state, within thirty days after the court to which the
clerks OF the county court.
153
revenue Commissioners are required to make their returns, to To record com*
record in alphabetical order the returns thus made by the commis-
sioners, which record shall be made in well bound books, leaving a c"i order, and
space between each district on the record book, and numbering on d'liv'riistw'thin
the record book with the same number as numbered by the commis- ^daya t0 8he"
sioner, and if any additional returns should be made by the commis-
sioner, it shall be recorded in the space left for the district to which
it may belong. It shall also be the duty of the clerks aforesaid, to
make out on his record book, the amount of each person's taxes, and
he shall deliver to the sheriff or collector within said thirty days, a
true transcript from the record book, each district being in alphabe-
tical order, and as full a description of the property as is returned
by the commissioner, shall be returned to the collector.
Sec. 15. It shall be the duty of said clerks to make out in alpha- To
betical order, each district separately, a full and complete transcript list of each dis-
of each and every return made by the commissioners from his record fict, and trans-
book, which transcript shall be made in a book, to be furnished by ^t0 comptro1'
the comptroller of the treasury, or otherwise, as he may be directed,
which transcript book shall be made in a book, to be furnished by the
comptroller of the treasury, or otherwise, as he may be directed,
which transcript book shall be transmitted to the comptroller on or
before the first day of October, 1838, and forever after on the 1st of
July in each and every year. It shall further be the duty of the
several clerks aforesaid, to make out an aggregate amount of the
valuation of all property, and the number of polls and privileges on
which a tax for county purposes has been assessed, and return the
same to the county trustee, on or before the first day of October
1836, and forever after on or before the first of July in each and
every year.
Sec 17. It shall be the duty of the clerks of the several county To fui.ni8h
courts in this state after the present year, to furnish each commis- commissioners
sioner who may be appointed to take in a list of taxable property and with hst«
polls, a fair copy of the list of the taxable property and polls alphabeti-
cally arranged for the preceding year in their respective districts.
Sec. 18. The clerks of the several county courts shall be entitled
as a compensation, for making out the duplicate tax list which he is Compensation
by law bound to furnish the comptroller of the treasury, the sum of for Ust.
one dollar for each commissioner's return thus made out, to be paid
out of the treasury of the state, on said clerk's producing the comp-
troller's receipt for such duplicate tax list.
Ch. 21, $ 1. (Exempt from militia duty. See Militia.)
Ch. 25, § 1. (Duty in issuing license to retailers of liquors. See
Ordinaries, &$c.)
J 2. (Duty in issuing license to keep taverns. See Ordinaries.)
Ch. 53,51, 2 and 3. (Clerk to take probate and acknowledgment
of plats and certificate of survey and location. See Registration.)
14. (Penalty for neglect of duty. See Registration.)
§ 5 and 6. (Exclusive authority to take probate and acknowledge
ment of deeds, &c. See Registration.)
5 7. (To record proceedings. See Registration.)
21
clerks of the county court.
183 5.—Chapter 55.
Section 3. The several clerks of the county courts, circuit courts,
Clerks to make chancery courts, and supreme courts in this state, shrll make out a
ta^eTb"18 them statement the taxes or revenue uT !m collected as clerk of the
collected- 6m court, and which he is by law bound to collect, hich statement
shall be made for all moneys the} may have collected up to the first
day of September in each and every year.
Sec. 4. The several clerks, aforesaid, in making settlements and
Existing laws to statements of the public money which they have collected as clerks,
remain in force, and which, by law, they are bound to collect, shall be governed by
and perform the duties required of them by the existing laws, where
the same may not have been changed or repealed.
^Clerks to pay to Sec. 5. It shall be the duty of the several clerks aforesaid, on or
treasurer & c'ty before the first day of October, in each and every year, to pay to the
rus ee. treasurer of the state, or to such other person as said treasurer may
instruct him to pay the same, and to the county trustee of their res-
pective counties, all such sum or sums of money as they, or either of
them may have collected up to the first day of September; and said
clerk shall render unto the comptroller of the treasury and county
trustee, on or before the said first day of October, a statement in
conformity with the laws of this state, which statement shall plainly
specify what the sum may have been collected on, giving the charac-
ter and number of each item.
Sec. 6. If any clerk of either of the courts aforesaid, should fail or
refuse to forward the statements, showing the amount of money col-
Clerk to be dis- lected agreeable to law, and shall fail or refuse to pay over the money
ureofduty[fti16131* or either of them, collected as aforesaid, within the time
aforesaid, it shall be considered a misdemeanor in office; and it
shall be the duty of the several attorneys general in this state, at the
first court after,the first day of October in each and every year, to
call on said clerks in their respective districts, for their receipts for
the public moneys collected by them as aforesaid, and also the
comptroller's receipt for the statement of moneys collected; and if
said clerks should not produce the receipts when thus called on, or if
said receipts should show from the date thereof, that said clerk had
not complied with this act, it shall be the duty of the court to dismiss
such clerk from office (&,) and said court shall appoint a clerk, pro
tempore, as may be prescribed by law.
18 3 5.—Chapter 76.
Section 4. It shall be the duty of each of the clerks of the county
To deliver to courts that have been furnished with a copy of the reports of the
of^p'rem^CTt ^uPreme Court Decisions, to deliver over the same to the clerk of the
decisions circuit court of said county, whose duty it shall be to preserve the
same in his office for the use of said county.
(fr) The eourt may remove their clerk and appoint another, without indictment, where it is apparent from
his own admissions, that he has not paid over public moneys' Peck. 291.
2. The receipt of the Treasurer should appear of record. Ib.
6LERK OF THE CIRCUIT COURT.
155
CLERKS OF THE CIRCUIT COURT-
Constitution, Article vi. jt. Secwon 13. Article viij Section 2:
17 8 6.—Chapter 14.
Section 13. The Clerk of each and every Court of law and to give bond
equity in this state shall give bond with approved security to the for paying over
Court whereof he is Clerk, in the sum of five thousand dollars, con- taxe80n 8uits-
ditionedybr accounting and paying over all moneys arising from, tax-
es on suits; which bond shall be transmitted to the Treasurer, or
otherwise the said Clerk shall be bound and liable to pay a sum
equal to treble the taxes enforced by law.
179 4—Chapter 1.
Section 2. There shall be a clerk to each of the circuit courts of ^ Jv
skill and proity who shall each of them give bond, with security, bonde}rn fooo
payable to the governor and his successors in office, of ten thousand for safekee ing-
dollars, for the safe keeping of the records, and the faithful discharge of record'
of the duties of his office, which said bond shall be lodged in the sec-
retary's office, and may be put in suit on the assignment of the Gov-
ernor by the party or parties injured, in his or their own name; and
shall not become void on the first recovery, or if judgment be given
against the plaintiff; but may from time to time be put in suit by ac-
tion of debt, until the whole penalty be recovered.
Sec.3, Incase of the death, resignation or removal from office of kena£y h°lB"
either of the clerks of said courts, his successor in office shall take cesson
the following oath; viz:
"I, A. B., do swear, that by myself, or any other person, I neither Formof oath
have given, nor will give, to any person or persons whatsoever any
gratuity, gift, fee or reward in consideration of my appointment to
the office of Clerk of the , nor have I sold nor offered to
sell, nor will I sell or offer to sell, my interest in the said office, I al-
so solemnly swear, that I do not directly, or indirectly, hold any other
lucrative office in this state. And I do further swear that I will
execute the office of Clerk of withoutprejudice, fa°
vor, affection or partiality, to the best of my skill and obility.
so help me god.
And if it shall be discovered that any of the said clerks after his
appointment shall have violated his said oath, or wittingly, willingly Swearing faia-
and corruptly have done any thing contrary to the true intent and iy guilty of mi#,
meaning of the said oath, such clerk shall be deemed, upon convic- d^ma^rd,nd
tion, guilty of misbehavior in office, and shall forever afterwards qu e
be incapable of 1 - Id ing any office, civil or military.
Sec. 9. (Clerk to mark on process the day of issuance. See Process.)
Sec. 26. For the better preservation of the records of the court Record of
when any cause is finally determined, the clerks of such court proceedings to be
shell enter all tb ^ proceedings i " ein in a book well bound, and an kept,
entire and perfect record make thereof.
Sec. 72. (Clerks dying, deputies to act until appoinment. See
County Court Clerk.)
156
clerks op circuit courts.
1 7 9 6.—Chapter 7.
Section 2. (Clerks to put up in their offices a list of their
fees. See County Court Cleric.)
Sec. 9. It shall and may be lawful for the clerks of the circuit
To issue exe- courts, where suits are determined, and the fees not paid by the par-
wtthawuofc^sts ty ^rom wh°m they are due, to make out execution, directed to
annexed written the Sheriff of the County where the party resides; and the said
in words, Sheriff shall levy the same by virtue of the said execution, as in
othef cases; and to the said execution shall be annexed a copy of the
bill of costs of the fees on which such execution shall issue, written
in words at length, without any abbreviation whatever, and all execu-
tions issuing without the copy of such bill of costs annexed, shall be
deemed illegal, and no Sheriff shall serve or execute the same.
Sec. 10. (Violation, of the duties of this act to be misbehavior in
office. See County Court Cleric.)
17 9 6.—Chapter 15.
To give bond Section. 4. Each of the Clerks of the Circuit Courts shall en-
in $1000 for coi. ter into bond with sufficient security, to the governor for the time be-
comufn afbr n°' *n.^' an(^ his successors in office, in the sum of one thousand dollars,
andfoTfeituresT whh condition for the faithful collection and payment of the fines
and forfeitures agreeable to law; which bond shall be by the differ-
ent clerks deposited in the hands of the trustee of the county in
which the Circuit Court may be held, in twenty days after the time of
entering into the same; and on failure to deposit the bond as afore-
said, the clerks so failing, shall for such offence forfeit and pay for
the use of the county, five hundred dollars, to be recovered by action
Gf debt, in the name of the Governor for the time being, in any
court having cognizance thereof.
1801. Ch. 17. § 1. 2. 4. {See County Court Clerk.)
1805. Ch. 1. § 1. 2. (To keep their offices in the county town
and give attendance by themselves or deputies. See County Court
Clerk.)
180 7.—Chapter 66.
To pay over Section 9. In all cases where any plaintiff or other person shall
moneys coiiectod by the judgment or decree of any court within this state, recover any
itaTthereto.* sum °f money, and such money may be paid into the hands of the
clerk ot such court, in consequence of such judgment or decree, and
such clerk shall not have paid the same to the party entitled thereto,
it shall be the duty of such clerk, upon application of such plaintiff,
his attorney or other person who appears by the record to be cnti-
tied to the same, made at the office of such clerk, to pay to such
On failure plaintiff, his attorney or other person, the full amount of such money
court on motion paid into his hands; and upon his failing to do so, it shall be a duty
mentagains't °f the court of which he is clerk, upon the application of the party
elerks. entitled, by motion, to give judgment for such sum of money against
CLERKS OF THE CIRCUIT COURT.
157
such clerk and his securities, and immediately award execution for . And his secu-
the same as in other cases.
Sec. 9. If any clerk shall fail to perform any of the duties impo- Failure to per.
sed upon theni by this act, it shall be considered a misdemeanor in jthaectdatiea
office, by such clerk, and he shall be liable to be indicted therefor, in misdemeanor,
the circuit court, and upon conviction such court may remove such
clerk from his said office.
1807. Ch. 81. }1. (The duty of the clerk on issuing writs of
Certiorari and Supersedeas. See Certiorari and Supersedeas.)
1811. Ch. 47. } 1. (The mode by which securities of Clerks may
be released. See County Court Clerk.)
1812. Ch. 16. $ 1. (Securities may require Clerks to give county
security. See County Court Clerk.)
1817. Ch. 50. §2. (Clerks not to practice as attorneys. See Attorneys)
1821. Ch. 1. § l.and 2. (Clerk to issue process in certain cases
on the Sabbath. See Process.)
18 2 4.—Chapter 16.
Section 1. Itshalandmay be lawful for the Clerk of any court May move for
of record in this state, to whom fees of office may be due and unpaid, j^^for^hia
upon executions issued from his office, to move in the court of which fee3-
he is clerk, in his own name, as clerk of said court, against the Sher-
iff or other officer, into whose hands the execution or executions
may have come, and upon proof that said Sheriff or other officer has
failed to pay over to said clerk, the fees due to said clerk, by him
collected on said executions, or either of them, or has failed to make
due return of said executions or either of them according to the laws
in force and use, it shall be the duty of said court to enter up judg-
ment against such delinquent Sheriff or other officer, for the amount
of fees due to said clerks: Providedi That said clerk shall give to the Three day's
sheriff or other delinquent officer, three days notice in writing, be- notice,
fore the making of said motion, apprizing him of his intention so to do,
and specifying in said notice the several cases in which said clerk
claims fees due to him, and which he alleges to be unpaid; and Pro- Necd not
vided, that it shall not be necessary for said clerk to make a sepa- move separately
rate motion in each case in which a delinquency may have hap- each case-
pened, unless he chooses so to do, but may embrace all the cases ofde-
linquincy, or as many of them as he may choose, in the same notice.
Sec. 2. If any Sheriff or Clerk of any court in this state, shall witness may
fail or refuse to pay over, on application to any witness or other ™ov® asainst
~ ^ . • .1 1 j. . ' rr 1-, J 1 1 1, clerk or sheriff
person, entitled to costs, m any cause which may have been deter- for his costs,
mined in said court, and which costs the Sheriff or Clerk may have
received , or in case the Sheriff has failed to return the execution
according to law, the said Sheriff or Clerk shall be liable to be mo-
vod against in said court, in the name of said witness, or other per-
son entitled to costs; Provided, said witness or other person enti-
{led to costs, shall give to said Sheriff or Clerk three days' notice of
153
Clerks oe circuit courts.
To give three the time of his intention to make the same; and if upon the trial
days notice: Gf motion, it shall appear, that said Sheriff' has failed to return
the execution according to law, or that the said Sheriff or clerk, as
the case may be, has failed to pay over the costs by them, or either
of them, received, to the person making said motion, who may be
entitled to the same, it shall be the duty of the court in which said
motion is made, to enter up judgment against said Sheriff or Clerk,
as the case may be, for the amount of such costs.
182 6.—chapter. 14.
Not to become Section 1. It shall not be lawful for any clerk of the superi
security of costs, or or inferior courts of law or equity of this state to become security
to suits determinable in the courts to which they act as clerks res-
pectively.
18 2 6.—Chapter 24.
Section I. In all cases at law, where the court or any judge or
justice by the laws now in force, are authorized to grant commissions
to take the depositions of witnesses, it shall be lawful for the clerk
of the court in which the cause is, or may be pending, to grant com-
missions to take the depositions of witnesses in the same manner
the court, judge or justice, can grant them, and the affidavit on which
the clerk grants the commissions shall be sworn to before him and
filed amongst the papers in the cause.
1 8 2 7.—Cahpter 49.
irniy ui en. Section 18. It shall hereafter be the duty of the clerks of the
cult court clerk; circuit courts, when the jury is discharged to make out and certify a
list of the jury, with the number of days they have served and the
amount due to each, and deliver the same to the clerk of the county
court who shall record it in the book kept for registering claims char-
geable against the county, and issue separate certificates to the ju-
rors for the amount due to each of them.
1827. Ch. 63. §'1. 2. (Clerks not to practice as attorneys at law.
See Attorneys.)
1829, Ch. 4. $2. (Clerk or Sheriff may move against his deputy.
See Serriff.)
18 3 1.—Chapter 8.
Section 1. It shall be the duty of the Clerks of the several
courts in this state, with forty days after the adjournment of their
respective courts, hereafter, to enter upon a w ell bound execu Lion dock-
et, by them to be kept in their offices for that purpose, ail the ju lg-
ments rendered at each court respectively, and also the dates of such
judgments, the parties to the action, and the bill of cosls in each case.
Sec. 2. It shall be the duty of the clerks of the several court this
state, tocnter upon their respective execution dockets, th n the
May grant
commissions as
practiced by
Judges.
Judgts. to be
entered «p in
40 days after
each term in a
book.
To make en-
tries on his exe
t'i URKS OF THE CIRCUIT COURTS.
159
issuance from their offices of each execution, and to what c aunty issu-
ed; l Ido to enter the return of the Sheriff on each execution, and the
dam i,l l return by the Sheriff of such execution to his office. It
shall , lso be the duty of the clerks aforesaid, to enter upon their exe-
cution dockets the receipts and dates thereof of all moneys paid into
their offices, to be entered at the time the same shall be received; and
also to enter all sums which shall by them be paid out of office and
the date thereof.
Sec 3. When any clerk shall fail to perform the duties prescribed
in the first and second sections of this act, he shall forfeit and pay
the sum of twenty five dollars, one half to the informer, the other
half to the state, to be recovered before any justice of the peace in
the county in which such delinquency shall happen; and said Clerks
shall moreover be liable to indictment, and on conviction shall be lia-
ble to be removed from office.
18 3 2.—Chapter 3.
Section 1. It shall be tho duty of the clerks of the several courts
in this State, at all times hereafter, to issue to the plaintiff or his at-
torney of record or agent, if demanded, an execution on any judg-
ment that may have been rendered, or that may hereafter be render-
ed in their respective courts, in all cases where the plaintiff may be
entitled to the same.
Sec. 2. If any clerk of any of the courts of record in this State,
shall fail or refuse to issue an execution and deliver the same to the
plaintiff or his attorney of record or agent, when required upon any
judgment that may have been rendered, or that may be rendered in
the court of which he may be clerk, in any case in which the plain-
tiff shall be entitled to such execution, he shall forfeit and pay the
sum of five hundred dollars, to be recovered by an action of debt be-
fore any court having cognizance thereof, to the use of the person
suing for the same, and shall also be liable to an action on the case,
at the suit of the plaintiff for any damages he may have sustained in
consequence of such failure or refusal, and shall further be deemed
and held guilty of a misdemeanor in office, and be subject to indict-
ment in the circuit court of the county in which he shall reside and
upon conviction shall be removed from office.
1832. Ch. 7. { 2. (Clerks to reside in the county where they
hold their offices. See County Court Cleric.)
18 3 2.—Chapter 8.
Section 1. When an indictment shall be found against two or When two or
more persons for the same offence, it shall be the duty of the clerk of mor® are !nclu*
the court to include all the defendants therein in the same capias; un- dictment^au* to
less he shall be otherwise specially directed by the Attorney Gene- be included ' in
ral, and such clerk shall not be entitled to a fee for more than one one capiaa:
leading process, except where other process shall be directed by the
Attorney General, as here in provided, in which case the clerk shall
cution docket of
all issuance and
returns of exe*
cutions:
$25 penalty
for failing to
perform the du.
ties of this act,
To issue exe.
cution whenever
demanded.
$500 penalty
for failing to is-
sue execution
when demanded.
160
CLERKS OF CIRCUIT COURTS.
lie entitled to a fee for each process he shall be so directed to issue
18 3 3..—Chafer 30.
Deputies to Section 1. It shall be lawful for the deputy clerks ]of the courts
issue commis- of this State, to have the same power to issue commissions to take de-
■ions. positions in or out of term time, in as full and ample manner and un-
der the same rules, regulations and restrictions as the principal clerks
of said courts now have, any law, usage ar custom to the contrary
notwithstanding.
1833. Ch. 43. 5 3. (Motion against for refusal to exhibit execution
docket. See Attorney General.)
1835. Ch. 2. $ 4. (Election of provided for. See Election.)
1 8 3 5. ClIAPEER 5.
Section 13, When the clerks of the circuit courts are elected, as
To give bond provided for in the constitution and the laws of this State, it shall be
b° the Ju^eVCd duty ea°h °f them before entering upon the duties of their
y e u ge. respective offices, to give such bonds with security as are now requi-
red by law to be given by the clerks of the circuit courts, which
bonds shall be taken and approved of by the judge of the circuit in
which the county for which such clerk is elected is situate; and said
clerks shall moreover take an oath to support the constitution of the
To take oath. United 'States and of this State, and the other oaths now required by
law to be taken by the clerks of the circuit courts; and if any clerk
Not entitled presume to enter upon the duties of his office before giving
to fees without such bond and quailfying as aforesaid, he shall not be entitled to any
gLkfn boath ^ **ees ^or services, and shall be liable to indictment for a misdemea-
ta mg oa . no^ an£j Qn convjctjon thereof shall be removed from office.
Sec. 15. Judges of the circuit court shall have the power to re-
Judge may re- move from office any clerk who shall be guilty bf malfeasance in of
sance^n^upon ^ce or neglect of duty, and upon an indictment being preferred
indictment to against a clerk for either of the foregoing offences, and the same
appoint pro term being returned by the grand jury a true bill, it shall be lawful for
the judge presiding in court to appoint a clerk -pro tem. to discharge
the duties of the office pending such indictment in said court.
Sec. 16. Should a vacancy opcur in the office of clerk after he
judge to fill shall have been elected, from any cause, it shall be the duty of the
vacancy. judge of the circuit, if the vacancy happens in vacation, or the judge
presiding in the court, if the vacancy happens in term time, to ap-
point a clerk to fill such vacancy until anew election takes place, and
the clerk is qualified agreeable to the constitution and laws of this
To give the State; and the clerk so appointed for the time being, shall give the
same bonds and same bonds to lake the same oaths, and be liable to the same penal-
oaths^a^other ^es ^at c^er^s elected are liable and subject to; and if the clerk
clerks; shall I36 a* any t3me absent or unable to attend to the duties of his of
fice or have the same attended to, the judge may appoint a clerk pro
tem. to perform the duties thereof.
CLERKS OF CHANCERY COURTS
161
Sec. 18. When a clerk is elected or appointed as prescribed by Present clerks
the constitution and the laws in pursuance thereof and shall have ^eiiver up pa-
given bond and qualified accordingly, his predecessor in office shall
deliver to him all the books and papers thereof and upon his failing
to do so, it shall be held and deemed a contempt and may be punish-
ed as other case of contempt.
1835. Ch. 13. §11. (To countersign merchants license. See Revenue.)
1835. Ch. 18. { 15. (May be qualified by judge or chancellor.
See Justices 4*c.)
1 8 3 5.—Chapter 19.
Section 5. The respective clerks of the Circuit Courts, establish- To C0lject
ed by the act to which this is a supplement, shall in all suits transferred and pay over
to said court from the former Circuit Courts or from the former county ^^g^rrgjSes t0
courts, collect the fees allowed by law for services rendered in such circuit court- °
suits by the clerks of said courts, and by all other persons, in the
same manner that they collect the fees allowed by law for services
which they have themselves rendered in such suits, and shall account
for and pay over the fees so collected to each individual entitled to
receive them; and whenever a new clerk of said court shall be elec-
ted or appointed in any county, he shall in like manner collect, ac-
count for and pay over to his predecessor, and to all other persons,
all fees for services rendered by him in any suit or proceeding in
said Court. -If any shall fail to pay over money collected by him in Penalty f0r
accordance with the provisions hereof to the person entitled to re- not paying over
ceive it, he may be proceeded against and subjected to the payment fees"
thereof, m the manner prescribed by the laws heretofore in force for
subjecting clex-ks in other cases wherein they have collected money
by virtue of their offices and failure to pay it over.
1835. Ch. 21. § 1. (Exempt from military duty. See Militia.)
1835. Ch. 55. § 3. (To make statement^ of tax collected. See
Clerk of County Court.)
CLERKS OF CHANCERY COURTS.
constitution, article vi. section 13.
1786, Ch. 14, § 13.—(To give bond for payment of taxes on suits.
See Clerk of Circuit Court.)
22
162 clerks of chancery court.
17 89—Chapter 57.
Section 6. When the plaintiff or complainant in equity, shall spe-
cially state his debt or damages, and make oath or affirmation to the
same, before the clerk and master in equity, it shall and may be law-
ful for the said clerk and master in equity, to require the defendant
or defendants to be held in bail, in the same manner as if the same
had been by order of one of the judges of the courts of law7 and courts
of equity. And the said master in equity is herebyjfully empowered
and authorized to administer the oath or affirmation to all and every
person and persons, either witnesses or others having business in the
court of equity, at all times, in the same manner as masters in
chancery do in like cases in Great Britain.
1797.—Chapter 22.
Section 3. The clerks and masters of the chancery court shall give
To give secu- security in the same manner, and take the same oalh before the
rityand take judges, as the clerks on the law side of the court; they shall keep a
0Rt f r ^a*1 an<^ distinct record of the proceedings of ihe court of equity to
recorded enrol which they may be appointed, and the bills, answers, and decrees,
decrees. shall be regularly enrolled in a well bound book kept for that pur-
pose.
1794, Ch. 1, § 9.—(The clerk to mark on process the day of its
issuance. See Circuit Court Clerk.)
§ 72. (Clerks dying, deputies to act. See County Court Clerk.)
1801, Ch. 17, § 1, 2, 4.—(Clerks may be removed from office, or
suspended, for failure to perform their duties. See County Court
Clerks.)
1805, Ch. 1, § 1,2.—(Clerks required to keep their offices in the
county town, and to give constant attendance by themselves or de-
puties. See Circuit Court Clerk.)
1807, Ch. 66, § 8.—(Motion may be made against clerk failing to
pay over money paid into his hand's. See Circuit Court Clerk.)
1811, Ch. 47, § 1.—(The mode by which the securities of clerks
may be released. See County Court Clerk.)
1812, Ch. 16, § 1.—(Securities may require clerks to give counter
security. See County Court Clerk.)
1817, Ch. 50, $ 2.—(Clerks not to practice as attorneys. See At-
torneys.)
1824, Ch. 16,} 1,2.—(Clerks may move against sheriff for their
fees in their own courts. See Circuit Court Clerk.)
1826, Ch. 14, $ 1.—(Clerks not to be security to suits. See Cir~
emit Court Clerk.)
Plaintiff stat-
ing bis debt on
oath, clerk may
require bail.
Authorized to
administer oaths
to witnesses and
others.
clerks op chancery court.
163
1831, Ch. 8, J 1, 2, 3.—(The mode of entering judgments and
executions, and penalty for failure. See Circuit Court Clerk.)
18 31.—Chapter 50.
Section 1. If from sickness, accident or any other cause, the To adjourn
chancellors of this state shall not be able to arrive at their respective of
places of holding courts, on the first day of the term, it shall be the chaSceHor?°
duty of the clerk and sheriff to adjourn the court from day to day,
until Wednesday at 4 o'clock, P. M., in the same manner as is usual
in the circuit courts.
1832, Ch. 3, § 1, 2.—(Clerks to issue executions when required.
See Circuit Court Clerk.)
1832, Ch. 7, §2.—(Clerks to reside in the county where the court
is held. See County Court Clerk.)
1833, Ch. 30, § 1.—(Deputy clerks may issue commissions to take
depositions. See Circuit Court Clerk.)
18 35.—Chapter 4.
Section 6. The chancellors in each 'division shall appoint their chancellor# to
clerks and masters in their respective divisions, or the chancellor appoint clerks,
holding the court at the time any appointment is to be made, shall
have power to make such appointment, who shall hold their offices
for the period of six years. Such clerks shall take the oaths required To take oath
by the constitution, and the other oaths now required by law to be and give securi-
taken by clerks and masters in chancery, and shall give the like
bond with surety as is now required to be given by the clerks of the
chancery court, to be approved of by the chancellor: and at the first
term of the court succeeding his appointment, the same shall be re
corded on the minutes of the court, and shall be deposited as the
bonds of the former clerks and masters were directed to be by law.
1 83 5.—Chapter 20.
Section 6. The clerks and masters of the chancery court here- Present cierkg
tofore established shall continue to hold their offices until clerks and tp hold office un-
masters are appointed and qualified in the chancery courts by act of annointed0™
1835, chapter 4, established.
Sec. 7. At the first term of the chancery court to be held under cierkaap-
the act of 1835, chapter 4, the chancellors of the several divisions pointed at first
shall proceed to appoint clerks and masters who shall hold the said term*
offices for the term mentioned in the constitution.
Sec. 8. The chancellor of the Eastern division shall appoint the
clerks and masters at Livingston and Carthage, and the chancellor
of the western division shall appoint those at Savannah, Charlotte and
Clarksville.
164 clerks of supreme court.
1835, Ch. 21, § 1.—(Clerks and masters to be exempt from rnili-
tary duty. See Militia.)
1835, Ch. 55, $ 3,4, 5, 6.—(To make statement and settlement of
tax. See County Court Clerk.)
CLERKS OF SUPREME COURT.
constitution, article vi. section 13.
1786, Ch. 14, § 13.—(To give bond for taxes. See Circuit Court
Clerk.)
18 0 9.—Chapter 49.
Section 23. The judges of the supreme court shall appoint their
pofntdtUeir°ovvn own c^er^s5 under the same rules and regulations, and subject to the
clerks. same penalties, which have been prescribed for the clerks of the cir-
cuit courts.
1811, Ch. 47, { 1.—(The mode by which securities of clerks may
be released. See County Court Clerk.)
1812, Ch. 16,5 1.—(Securities of clerks may require counter se-
curity. See County Court Clerk.)
1817, Ch. 51, j 2.—(Clerks not allowed to practice as attorneys.
See Attorneys.)
18 2 3.—Chapter 14.
Judge to fill Section 1. When it shall so happen, that the office of clerk of the
vacancy. supreme court shall become vacant, by death, resignation or other-
wise, during the recess of such court, it shall and may be lawful for
the judge of the supreme court residing nearest the place of holding
said court, to appoint a clerk to fill such vacancy, until the next
term of the supreme court, at which time a permanent appointment
shall be made of some person qualified to discharge the duties of said
office; and the judge making the temporary appointment, shall take
bond and security as the law directs.
1824, Ch. 16, 5 1,2.—(Clerks may have judgment by motion
against the sheriff for their fees. See Circuit Court Clerk.)
1826, Ch. 14, {1.—(Clerks not to be securities to suits determin-
able in their own courts. See Circuit Court Clerks.)
clerks of supreme court.
165
1827, Cn. 63, § 1.—(Clerks not allowed to practice a3 attorneys.
See Attorneys.)
1831, Cii.8, 5 1, 2, 3.—(Manner of entering judgments, execu-
tions, and penalty against clerks for failure. See Circuit Court Clerics.)
18 31.—chapter 14.
Section 1. It shall be the duty of the clerks of the supreme court To file ftl, re.
to file all suits and records safely in their offices. cords.
1832, Ch. 3, {1, 2.—(Clerks to issue executions when demanded,
and penalty for failure. See Circuit Court Cleric.)
183 2.—chapter 6.
Section 2. In all cases where an appeal or writ of error may be To record pro.
taken from the circuit to the supreme court, where in such case ^tg
the clerk of the circuit court was directed by law to record the pro- er^or,^affirm<^d
ceedings in a well bound book, it shall be the duty of the clerk of the and finally dis.
supreme court, provided the judgment shall, be affirmed and finally p°sed of*
disposed of, to record the proceedings in a well bound book, kept for
that purpose, and all laws requiring the clerks of the circuit court to
record the record and proceedings, or allowing any fees therefor, in
the cases provided for by this act, be repealed, and that the clerks of
the supreme court have the same fee now allowed to the. clerks of
the circuit court for the performance of the same duties in this act
mentioned, and no more: Provided, that no suit shall be more than
once recorded, and then only in the court where the suit is finally
determined and disposed of.
1832, Ch. 7, J 2.—(Clerks to reside in the county where their
courts are held. See County Court Clerk.)
18 3 5.—chapter 3.
Section 12. The judges of the supreme court at the first term by judges to op-
them held at the several places of holding courts, shall appoint one point clerk at
clerk for each of the courts to be held at Nashville, Knoxville, and first term-
at Jackson, at which time, on the first Monday of said terms, the
clerks of the supreme court at Sparta, Nashville, and Centerville,
shall convey or cause'to be conveyed, all the records, books and
papers of their respective offices to the town of Nashville, and then Records of
and there deliver the same to the clerk appointed as aforesaid. In present courts to
like manner, the clerks at the town of Jackson shall deliver or cause edover" de'Ver
to be delivered all the records, books and papers of his office, to his
successor, appointed as aforesaid, for the court to be held at Jackson;
and in like manner, the clerks of the supreme courts at Knoxville
and Jonestorougb, shall, on the first Monday of said first term, de-
liver all the records, books and papers of their respective offices, to
the clerk appointed as aforesaid, for the court to be held at Knox-
ville; and until the clerks under this act shall be appointed, and the
166
clerks op supreme court.
former clerks notified thereof, such clerks at the different places
where the supreme-court is now located, shall continue to discharge
the duties of their respective offices.
Sec. 13. The clerks appointed as aforesaid, shall take the same
d°ivebondath oat^s an(* give the like bonds, with security, for the due discharge of
their duties respectively, as are required by the laws now in force,
to be taken and given by the clerks of the supreme court, and they
shall be bound to perform the like duties respectively, and be enti-
tied to the same fees and be subject to the same penalties and recove-
ries for neglect or malfeasance in office, to which the clerks of the
supreme court, by the laws now in force, are or would be bound, en-
titled or subject to; and the bonds executed by the clerks respective-
ly, together with the order appointing them, shall be recorded upon
the minutes of their respective courts, at the first terms which shall
be held after the passage of this act, at which time the bonds shall be
taken and approved of by the court; and should any of the present
Judges to 'fill clerks die, or resign, or their office otherwise become vacant, before
vacancies. ^ tjme jiave arrived for the appointment of their successors,
as therein provided, the judges of the suj reme court in office, at the
time the vacancy is to be filled, or any one of them, shall have the
power to make a temporary appointment to fill such vacancy, until
the time shall liave arrived for the appointment of lerks under this
act, as herein before provided.
Sec. 14. The clerks that shall be appointed for the supreme court
clerkfP°WerS °f to at Nashville, Jackson, and Knoxville, shall be authorized
respectively, to issue process upon all judgments, decrees or orders of
the former supreme courts, held at Nashville, Sparta, Knoxville,
Jonesborough, Centreville, and Jackson, and to give copies of records
and papers, and do all the duties in relation to causes heretofore de-
termined or now pending in said courts respectively, in the same
manner as the clerks respectively, of those courts are now author-
ized to perform those duties; and it is hereby declared that the powers
hereby conferred, and the duties required, shall extend to all suits
in equity decided by the supreme court or any judge thereof (where
said court or judge had original chancery jurisdiction) prior to the
act of 1824, entitled "An act to amend the judiciary system of this
State."
Ch. 21, j 1.—(Exempt from military duty. See Militia.)
Ch. 55, j 3,4, 5, and 6.—(To make statement and settlement of
taxes. See County Court Cleric.)
COLLEGES AND COLONIZATION.
167
COLLEGES.
181 7.—Chapter 32.
Section 2. Whenever a student shall enter college, he shall un-
dergo an examination before the faculty, who shall, after such exa- Grade of stu-
mination, assign to such student, his grade in college, according to dents*
his qualifications.
Sec. 3. The president and trustees of neither of the colleges of
this state, shall have the right or power to pass or enact any by-laws, ^How advanced,
that shall hinder any student that may enter either of the colleges,
from advancement into the different classes according to his qualifi-
cations, but shall place him on equal footing with students that may
have been exclusively taught in either of the colleges.
Sec. 4. From and after the passage of this act, the different colle-
ges by law established in this state, shall have full power and authc- thori2e""fo"oa»
rity to confer all such degrees, as are usually conferred by other fer degrees? C°n*
colleges in any of the United States.
COLONIZATION.
1 8 3 3.—Chapter 64.
Section 1. It shall be the duty of the treasurer of Tennessee, to
pay to the treasurer of the colonization society, for the use of said
society, ten dollars for each free black person that said treasurer of Appropriation
said society shall certify to said treasurer of Tennessee, has been t7on'societymZa'
removed by said society, its auxiliaries or branches, from the state of
Tennessee to the coast of Africa, and this act is to extend to the
future operations of the said society only: Provided, that the amount
so to be paid by the treasurer of Tennessee, to the treasurer of said
society shall never exceed, under the provisions of this act, the sum
of five hundred dollars in any one year.
Sec. 2. The receipts of the treasurer of the society for the coloni-
z ation of the free black population of the state of Tennessee, for the the tr^g„fre" £f
sums to be paid under this act, shall be good and sufficient vouchers aociety.
for the treasurer of Tennessee, in the settlement of his accounts. Good voucher®.
168
common schools*
COMMON SCHOOLS.
1 8 3 5.—Chapter 23.
Board of com. Section 1. The treasurer of the state, the comptroller of the
mon schools ap. treasury, and an executive officer, to be called the superintendent of
pointed. public instruction, who shall be appointed by joint vote of both
branches of this General Assembly, shall be, and they are hereby
created and constituted a body politic and corporate, by the name
and style of the Board of Commissioners of Common .Schools for the
State of Tennessee, who shall have perpetual succession, and by the
name and style aforesaid, may hold and possess property of every
kind in trust for the use of common schools, may sue and be sued,
plead and be impleaded, answer and be answered unto, defend and
be defended in all courts of record, or any other place whatsoever;
and also to make, have, and use a common seal, and the same to
break, alter and renew at their pleasure, and generally to do and
execute all acts, matters and things, which a corporation or body
politic in law may and can lawfully do and execute. The supcrin-
tendant of public instruction shall be president of the board of com-
missioners; and all notes, bonds, obligations, transfers, or other in-
struments of writing made or executed by the board, shall be signed
by him, and where necessary, sealed with the corporate seal of the
board; which board shall be subject, nevertheless, to legislative mo-
dification, alteration or repeal.
Tenure of of Sec. 2. The superintendant of public instruction shall hold his
ffice and quaiifi- office for two years, and until his successor shall be elected and
cation. qualified, and shall be paid a salary from the public treasury of fif-
teen hundred dollars annually, to be paid quarterly; and shall, before
entering on the discharge of his duties, enter into bond with good
and sufficient security, to be approved of by, and made payable to
the Governor of the- state, in the sum of one hundred thousand dol-
lars, conditioned for the faithful discharge of the duties of his office;
and shall take an oath to support the constitution of the United States,
the constitution of this State, and an oath of office.
Superintend- Sec. 3. That branch of his duties which relates to the common
ant to mgkean- schools shall be, amongst other things, to prepare and submit an
nuai reports. annUal report to the legislature, containing a full and comprehen-
sive statement of the amount and condition, together w ith plans for
the improvement and management of the common school fund, and
such a plan for the organization of a system of the common school
fund, and such a plan for the organization of a system of common
schools as he may think advisable, and such other matters relating
to his office and to common schools as he shall deem expedient to
communicate.
To make set- ®EC' m°neys, notes, bonds, stocks, securities, and other
tiement with for property belonging to the state or common school fund, in the pos-
mer officers. session or under the control of the agents appointed to close the con-
cerns of the bank of the state, the county common school commis-
sioners and county bank agents shall, on demand, be delivered by
COMMON SCHOOLS*
169
the person or persons having the possession of the same, to the super-
intendent of public instruction, or to the authorized agent of the board
of common school commissioners; and all clerks, sheriffs, collectors,
or other persons, companies or corporations, who may now, or at any
time hereafter, have possession of any funds or property appropriated
to the use of common schools in this state, shall deliver the same in
like manner unless otherwise directed by law: Provided, that in
paying over to the superintendent of public instruction, the moneys,
notes, bonds, obligations, or other securities which may be in the pos-
session or under the control of the county common school commis-
sioners, they shall not be required to pay, but may retain any inter-
nal improvement fund, or any individual donation which may have
been made to the school funds of their counties respectively, and
which shall be left under the control and management of the county
school commissioners as directed by the existing laws.
Sec. 5. The late treasurer of East Tennessee is hereby directed to -,Direct0r to
deliver to the superintendent of public instruction or the authorized treasurer ofEast
agent of the board of common school commissioners, all the accounts, Tennessee-!
documents, books, and papers, in his office pertaining to the sale of
the lands in the Hiwassee district, and the college and academy lands
south of French Broad and Holston rivers; and the superintendent of
public instruction is hereby authorized and directed to make settle-
ment with said treasurer as to his agency in conducting the affairs
connected with the sale of the Hiwassee lands, and in receiving the
money therefor, and also as to his agency in conducting the affairs
connected with the college and academy lands and funds; and to re-
ceive from him any money or securities for money which may be iti
his possession, belonging or appropriated to use of colleges, acade-
mies, or common schools.
Sec. 6. All escheated money or property in the state, shall, on de-
mand, be delivered by the person having the possession of the same,
to the said superintendent or the agent of the board of common school
commissioners, and the board is hereby authorized to dispose of any
such property in such manner as they may deem best for the interest
of the common school fund.
Sec. 7. The board of common school commissioners shall appoint
an agent in each county in the state whenever they may deem it
necessary, who shall give bond and security for the faithful perform-
ance of his duties, and shall take an oath faithfully to account for all
school funds which may come to his hands, and for the faithful per-
formance of his other duties as required by law or the instructions of
the board of common school commissioners, shall be paid for his ser-
vices annually a sum to be agreed on with the board of commissioners
not exceeding one hundred dollars, and whose duty it shall be to
make a report to the superintendent of public instruction, containing
the name of each debtor in his county to the school fund, the amount
of each debt with the security therefor, specifying the date of its
execution and maturity, and an account of any bank stock, turnpike
stock, or property, belonging by law to the school-fund.
Sec. 8. When the superintendent of public instruction shall have Bolster of
received said reports, he shall cause all debts due to the common property0 to be
school fund on bond or otherwise, and all bank stock, road stock, and kept,
other property belonging to said fund, to be registered in books to be
kept in his office, in which shall be opened an account with each
23
Escheated
property;
Agents to be
appointed.
170
COMMON SCHOOLS.
debtor, showing the place of his residence, the amount of his debt,
and the security therefor; the registry of property belonging to said
fund shall show where it is situated, its kind, quantity, and an esti-
mate of its value.
Schedule to Sec. 9. Said superintendent shall furnish to each county agent a
be furaiehed to schedule of all accounts against the debtors to the school fund in his
agent*. county, alphabetically arranged, and shall cause said agents to have
the securities therefor renewed every six months, calling in ten per
centum on the amount of each debt at the time of the first renewal,
and each subsequent renewal, calling in twenty-five per centum on
the amount of the debt due after the payment of the first instalment,
so that the whole debt will then be collected in four equal semi-
annual instalments, besides the interest, which shall be paid in ad-
vance on each renewal, and which process shall be repeated every
six months till the whole debt shall be collected.
Collection* to Slc. 10. All debts due, or which may fall due at the bank of the
be made. state, at Nashville, or at the branch bank at Knoxville, not contract-
ed with the understanding or agreement that the obligation therefor
should be renewed upon the payment of the interest, and a certain
call upon the principal, shall, whenever the same may be due, be
forthwith collected by the superintendent of public instruction, and
all other debts or moneys due to the school fund, which were not ori-
ginally loans made with the understanding that the securities there-
for should be renewed according to the existing laws, shall be collect-
ed in like manner.
Fund* to b« Sec. 11. As fast as the curtailments and interest shall be paid, or
vested m Plant- any of the school fund shall be otherwise collected, it shall be paid
«rs' bank stock, j^y t^e coUnty agent, or the persons collecting or having possession
of the same, into the hands of the superintendent of public instruc-
tion, who shall invest the same by subscribing for stock of the Plant-
ers' Bank of Tennessee, in the name of the board of common school
commissioners; and who shall in like manner reinvest the profits as
they arise on the capital stock, or deposit the same upon the best
terms and for the highest rate of interest he may be able to obtain, or
he may deem most advisable.
Superintend- ^EC' -^11 persons paying any money, 6r delivering proper-
ent to give dupli- ty, stock, notes, bonds, obligations or other securities to the su-
cate receipt*. perintendent of public instruction, under the provisions of this act,
shall take duplicate receipts therefor, one of which shall be kept by
the person taking the same, and the other shall be by such person,
immediately forwarded to the comptroller of the treasury, who shall
record the same in a book to be kept by him for that purpose, and
file the original in his office.
Real estate of Sec. 13. The real estate belonging to the bank of the state at
bab« wid*e State ^as^v^e» and the branch at Knoxville, shall be sold by the superin-
t0 ,0 ' tendent of public instruction at public sale, after having given forty
days notice in some public newspaper, of the time, place, and condi-
tions of the sale, and shall be sold on such credits as the board of
school commissioners may think advisable, not exceeding two years
for the longest payment, and a lien shall be retained on the property
until the payment of the purchase money.
Sec. 14. The superintendent of public instruction shall ascertain
antStoPmaI« rt and reP0^.t0 tlie next regular session of the Legislature, the amount
port/ and condition of the college and academy funds in this state, with
COMMON SCHOOL FUNDS.
171
such plans for the better management of the same, and for the orga-
nization of a general system of education, as he may deem expedient.
Sec. 15. All moneys reasonably expended by the superintendent expenses to
in the execution of his duties, shall upon due proof, be allowed to him be paid,
by the comptroller, and "be paid out of the treasury.
Sec. 16. All notes, bonds, or other obligations, which may be taken Notes, &c-, to
to secure the payment of any of the school funds other than such Repayable tosu-
funds as may be left under the control of the county school commis- perm en en '
sioners, shall be made payable to the superintendent of public in-
struction and his successors in office.
Sec. 17. It shall be the duty ol the superintendent of public in-
struction to keep his office in the town of Nashville, at which he kept°tNMhviiie
shall redeem all notes now in circulation on the bank of the state of
Tennessee, or the branch bank at Knoxville, whenever they may be
presented for payment.
Sec. 18. The superintendent of public instruction shall be author-
ized to take powers of attorney from the debtors to the school fund, ^of'auornTy
authorizing him to confess judgment for the amount of such debts to confess judg-
and interest in the same manner that the president of the bank of ments.
the state of Tennesseee was authorized to confess judgment upon
debts due to that institution.
COMMON SCHOOL FUNDS.
constitution, article xi. section 10.
1826.—Chapter 39.
Section 1. All the money heretofore received, or which may Sehooiisnd
hereafter be received by the president and directors of the bank of moneys to be
the state of Tennessee, and the branch of said bank at Knoxville for p"s®d
the entry of lands in the Hiwassee district, and in the section of mon school fund
country south of French Broad and Holston, at twelve and one half
cents per acre and under be, by said president and directors, passed
to the credit of the common school fund, and shall constitute and
remain a part of said fund, to be loaned and used as other moneys be-
longing to said fund, are by law directed to be used and loaned.
18 2 7.—Chapter 64.
Section 1. All the capital and interest of the new state bank,
except the one half of the principal sum already received, the sales pun4 h#w
of the Hiwassee lands, and all moneys due, and which will hereafter fc ppr°-
fall due, for lands sold in the Hiwassee district of country, all lands pmted*'
which have heretofore been appropriated in this state to the use of
schools, as well as all the vacant and unappropriated lands within
the limits of the state, to which the state now has, er hereafter may
common school funds#
obtain title, all the rents and mesne profits of all the school lands in
this state, which have accrued, and have not already been appro-
priated, as well as all which will hereafter accrue, all the funds de-
nominated school or common school funds, which have accrued from
the sale of lands at twelve and one half cents per acre, and at one
cent per acre, together with the interest which accrued upon this
fund, and the taxes of those lands, sold as above stated, which have
not been already otherwise disposed of, the donation made by Mason
Lee of South Carolina to this state by devise, except such part of
Said donation as this state, on recovery of it, may give the illegiti-
mate children of said Lee, the donation of John Rice, of five thou-
sand acres of land to the schooling of the poor of Cumberland, (now
Tennessee,) all other donations by devise or otherwise which have
been not specifically made for some other purpose, all the stock own-
ed by the state in the old bank of the state at Knoxville, amounting to
four hundred shares of the stock of that bank, together with all divi-
dends due thereon, all escheats which may have already accrued to
the state, and which have not been appropriated, and all escheats
which shall hereafter accrue in this state, and all the goods, chatties,
rights, credits, and effects, of all and every person who may have or
hereafter shall depart this life, within or without this state, where
such decedent shall have no person of kin to him or her, entitled by
the laws of distribution of this state to the same, or shall not by de-
vise or otherwise legally dispose of said, estate, be and the same are
hereby appropriated to the encouragement and support of common
schools forever: Provided, however, that nothing in this act shall be
so construed as to prevent this state from satisfying such land war-
rants as in good faith she is bound to satisfy out of the vacant and
unappropriated land.
Further appro Sec. 2., All moneys now in said banking institution, except the
priations. amount heretofore excepted in the first section of this act, and all
moneys which will accrue from the appropriations in the preceding
section, shall be deposited in said bank and shall become the capital
stock thereof, and shall be invested in it for the use, support and en-
couragement of common schools forever, except the four hundred
shares of the stock of the state bank at Knoxville, which shall still
remain vested as at present.
1827, Ch. 85, § 1.—(Renalty of $10,000 against any banking
company or association not chartered by the laws of this state or of
the United States; the penalty appropriated to common schools. See
Banks,)
5 2.—(Banking company not chartered, now in operation to wind
up in five years, commencing first of January 1828, and pay an an-
annual tax of $1000, which tax, by section 1 of this act, is appro-
priated to common schools.)
1 '8 2 9.—Chapter 54.
Section 1. In all sales of land for taxes which may be in pursu-
Lands to be ance of the laws of this state, from and after the last day of October
use °C?/ommoB nex^5 ^110 person or persons will bid the amount of tax, costs, and
schools, charges, for any tract or tracts of land wThich may be advertised for
common school funds.
173
non-payment of taxes and public dues, it shall be the duty of the
sheriff or collector as the case may be, to cry the same off to the
trustees for common schools, and if the same shall not be redeemed
in the time and mariner prescribed by law, he shall make a deed to
the trustees of common schools, who shall have all the rights, inte-
rest and benefits that other purchasers at tax sales could have in the
title.
Sec. 2. In the event of said lands being bid off to the trustees, and no fees allow-
if the same shall not be redeeme'd as prescribed by law, the services ed when not re-
rendered by the clerk, sheriffs and printers shall be deemed and taken deemed*
to be ex-officio, and in no event shall any charge arise to the county
or state for the same: Provided nothing herein contained shall be so
construed as to prevent said officers from receiving their fees, where
lands sold to said trustees shall be redeemed in the time prescribed
by law.
1831, Ch. 16, § 14.—(The internal improvement fund which was
appropriated, for Humphreys and Perry counties, in Middle Tennes-
see, is put into the hands of the common school commissioners as
other school funds.)
1831, Ch. 43, $ 7 and 8.—(The internal improvement funds of Wil-
son and Smith counties directed to be paid over to common school
commissioners.)
1831, Ch.45, {9.—(County court of Maury county authorized to
draw internal improvement fund, and either appropriate it to com-
mon schools or to internal improvement.)
1831, Ch. 46, J 4.—(Commissioners of the Nashville, Murfrees-
borough, and Shelbyville turnpike company authorized to subscribe
the internal improvement fund of Davidson, Rutherford, and Bedford
in the said turnpike, and by the 12th section, the dividends on this
stock are appropriated to common schools.)
§9.—(The Governor required to subscribe-the common school
fund of Davidson, Rutherford, and Bedford in said turnpike, on which
amount so subscribed by the Governor the turnpike commissioners
[by section 10] were required to pay six per cent, interest to the
common school commissioners of the several counties.)
1831, Ch. 99,$1.—(In counties where there are no common school
commissioners, the sheriffs are required to pay over to the agent
of the bank for said county, all moneys arising from the redemption
of lands bid off for the use of common schools.)
1831. Resolution No. 17.—(Directs the president and directors
of the old state bank of Tennessee, to pay to Jhe president and di-
rectors of the bank of the state of Tennessee, the twenty thousand
dollars subscribed by the state in the old state bank, to be applied,
together with all the dividends thereon, for common schools.)
174
oonmon school funds.
18 3 2.—Chapter 2.
Section 7. The profits, which may arise from the stock owned by
Profits on the state in the Union bank of the state of Tennessee, after the
state stock ap» bonds of the state shall have been paid, and also the bonus agreed to
of common10 Use be Paid tbe bank t? tbe state for tbe privileges conferred by this
schools™ charter, and also the interest which may from time to time accrue
upon the deposits of public money, by the treasurers of the state,
shall be, and they are hereby appropriated to the use of common
schools in this state, to be divided among the counties in proportion
to their white population, making no discrimination between coun-
ties having school lands and those which have none.
Sec. 9. The board of common school commissioners, or the coun-
ty courts, as the case may be, or any literary institution or other
Common school corporation having the management and control of the funds in any
AcTmaysubsMje °**tbe counties in this state be, and they are hereby authorized to
for stock. subscribe stock in said bank, under the same rules, regulations, and
restrictions of other stockholders under this act.
Sec. 11. In consideration of the privileges granted by this char-
Bonus paid by ter, the bank agrees to pay to the state annually, one half of one per
bank, cent, on the amount of the capital stock paid in by stockholders other
than the state.
1832, Ch. 16, J 2.—(The county court of Jackson county author-
ized to appropriate internal improvement fund to common schools.]
1832, Ch. 17, J 1.—(The county court of Humphreys authorized
to appropriate internal improvement fund of said county west of Ten-
nessee river to common schools.)
§ 3.—(The Internal improvement fund of Stewart county appro-
priated to common?schools.)
183 3.—Chapter 34.
Section 9. In consideration of the privileges granted by the
ereVBank. " charter, the Planters' bank agrees to pay to the state annually, one
half of one per cent, on the amount of the capital stock paid in by the
stockholders.)
5 20.—(The bonus appropriated to common schools.)
1833, Ch. 54, 5 15.—(In consideration of the privileges of the
charter of the Farmers' and Merchants' bank at Memphis, the bank
agrees to pay an annual bonus of one half of one per cent, for the
use of common schools.)
5 16.—(Authorizes common school commissioners of the Western
district to vest their school funds in stock in the Farmers' and Merj
chants' Bank.)
1833, Ch. 74, $ 2.—(Penalty of $10 for poisoning fish, one half to
the common school commissioners. See Poisoning of Fish.)
compromise.
175
1835, Ch. 10, § 21.—(The Tennessee Marine and Fire Insurance
company, and the Nashville Marine Fire Insurance and Life and
Trust Company agree each to pay an annual bonus of one quarter of
one per cent, on the dapital stock, for the use of common schools.)
1535, Ch. 25,} 1.—(Tax of $25 on retailers of spirituous liquors
appropriated to common schools.—See Ordinaries and Tippling
Houses.)
COMPROMISE.
1 8 2 9—Chapter 33.
Section 1. Where any writ is issued in any civil action, by any if suit be com-
of the clerks of the circuit courts in this state, and the parties litigant promised before
shall compromise the suit before the return day of said writ, and ^dismissed* by
make the same known to said clerk in writing, said cause shall be clerk, &c-
stricken from the docket upon the payment of such fees as shall have
previously accrued to said clerk, and to the sheriff into whose hands
said writ may have been put.
Sec. 5. When any appeal, in any civil action, shall be prayed compromise
and obtained from the judgment of a justice of the peace in this state, of appeal from
returnable to any of the circuit courts, if the plaintiff and defendant fustice-
in said suit shall compromise the same, before said justice of the
peace shall return the papers to the court to which said appeal may
be taken, and shall notify said justice thereof in writing, signed by
both plaintiff and defendant, it shall be lawful for such justice, and
he is hereby authorized and required to issue an execution upon such
judgment, in favor of the party obtaining the same, without being
bound to make return of said appeal to the court to which the same
may have been taken.
COMPTROLLER OF THE TREASURY.
1835.—Chapter 12.
Section 1. There shall be elected by joint vote of both Houses
of the General Assembly, a Comptroller of the Treasury, who shall, Elation pro-
previous to entering on the duties of his office, enter into bond vided for-
with two or more securities, in the sum of twenty thousand dollars,
payable to the Governor for the time being, and his successors in
office, conditioned for the faithful discharge of his official duties, the
execution of which bond shall be acknowledged before some Judge
of the Supreme Court, who shall certify the acknowledgement of
the bond and the sufficiency of the security, and shall deposit said
176
COMPTROLLER OF THE TREASURE.
bond in the office of the Secretary of State, and he shall take an
oath before said Judge to support the Constitution of the United
States, and the State of Tennessee, and an oath of office*
Sec. 2. The Comptroller shall keep his office at the seat of gov-
fice at seat of go- ernment, and do and perform all the duties appertaining thereto,
vemmenti which may be required of him by law, or resolution of the General
Assembly.
To keep seat. Sec. 3. The Comptroller shall keep a seal, with the device of
"the seal of the Comptroller of Tennessee," and all official copies
taken from the records or other documents in his office, shall be
under said seal, and shall be certified and signed by the Comptroller.
To examine Sec. 4. All accounts and claims against the State, which shall be
accounts. by law directed to be paid out of the Treasury of the State, shall be
presented to the Comptroller, who shall examine and adjust the same,
and shall draw warrants upon the Treasurer for the sums which may
be found due from the State, specifying in each warrant the date ot
its issue and the name of the person to whom payable, as well as
the nature of the claim for the payment of which said warrant shall
issue.
Warrants,&c. Sec. 5. The warrants which the Comptroller is by this act author-
ized to issue, shall be received at their nominal amount by the col-
lectors of the revenue, in payment of taxes and of all other dues to
the State, and if any sheriff, clerk or other officer in this State,
entrusted with the collection of any portion of the State revenue,
shall receive any of such warrants at a less amount than that
specified on their face, or shall in any manner speculate in such
warrants, by purchasing or procuring them to be purchased at a
discount, such sheriff, clerk, or other officer, shall be guilty of a
misdemeanor in office, for which he may be indicted in the Circuit
Court of the county in which such offence may be committed, and
on conviction thereof shall be fined, and at ffie discretion of the
Court, removed from office.
To enter No. Sec. 6. The Comptroller shall enter in progressive order, in a
^o™1 m a book or books to be by him provided for that purpose, the number of
each warrant by him issued, the amount thereof, the date of its
issue, and the name of the person to whom issued, as well as the
nature of the claim for the payment of which the said warrant shall
issue.
cordsTo keep re* Sec. 7. The Comptroller shall make and preserve in his office, in
suitable books, fair and accurate records of all such public accounts
and other documents, as may be by law made returnable to his office,
and shall keep on file in progressive order, all receipts and other
vouchers relative to the business of his office.
withtreasurerCt ®EC* Comptroller shall keep a regular account with the
Treasurer of this State, in suitable books, in which he shall charge
the Treasurer with all moneys by him received, and credit him with
all warrants by him redeemed and deposited in the office of the
Comptroller. But if any person who may be authorized to collect
and receive money due to the State, shall be directed by the Treas-
urer to deposit the money in his hands in any of the banks of the
State, then and in that case, it shall be the duty of the person mak-
ing such deposit, to take duplicate receipts from the cashier of the
bank, one of which he shall envelop in a sheet of paper and address
the same to the Comptroller, and shall put the same in the post
office.
tJOMPrilOLLER OF THE TREASURY.
177
Seo. 9. The Comptroller shall keep a regular account with each To keep acc't
and every person, in every county of this State, who may be by law with collectors,
authorized to collect and receive any part of the revenue of this
State, in suitable books, in which he shall charge each person so
authorized to collect and receive, with all sums of money by them
severally received, and credit each person with all sums of money by
him paid to the Treasurer, and having received duplicate receipts,
shall be filed with the Comptroller.
Sue. 10. The Comptroller shall annually make out an accurate Annual state-
statement of the receipts and disbursements of the Treasury for the men '
preceding year, ending on the first Monday of October in each and
every year, also of the unexpended balances (if any there be) of
the several appropriations, the amount remaining in the Treasury,
the amount of warrants issued and not redeemed, (if any there be,)
and publish the same in some newspaper of general circulation every
year, when there is not a regular session of the Legislature, and
shall report the same to each branch of the General Assembly on the
third day of each and every session, together with such remarks on
the finance of the State, as he shall deem proper for the considera-
tion of the Legislature.
Sec. 11. Whenever required, the Comptroller shall submit his Books submit-
books, accounts and vouchers, to the inspection of the General Assembly. °en 1
Assembly, or any committee thereof appointed for that purpose.
Sec. 12. When the receipt of the cashier of any bank shall come receipts of
to the hands of the Comptroller, he shall forthwith present such bank cashier,
receipt to the Treasurer, whose duty it shall be to countersign the
same, and the Comptroller shall charge the Treasurer with the sum
mentioned in said receipt.
Sec. 13. The Comptroller shall deliver to any person applying Certified copies
therefor, a certified copy of any document in his possession, and all to be received as
such copies certified by the Comptroller under his official seal, shall evidence,
be received as legal evidence in all courts and pleas within this State.
Sec. 14. The person applyingfor such copy, shall pay to the Comp- Persons apply-
troller twelve and a halfcents for each hundred words contained therein, ins for copy t0
and all money so received by the Comptroller for certified copies, pay'
shall be paid by him into the Treasury for the use of the State.
Sec. 15. The Comptroller shall annually procure and transmit to To transmit
the clerk of the county court of each county in this State, on or books t0 county
before the first Monday of May in 1836, and forever after, on or be- court clerks*
fore the first Monday of April in every year, a durajde and well
bound blank book; so constructed as to receive a record of the
duplicate of taxes levied in such county for that year, and shall
cause the name of the county and ye^r, to be lettered or labeled
thereon.
Sec. 16. The Comptroller shall, from time to time, prepare and diuy^sTncHn'8
transmit to the clerk of the county court of each county, a sufficient forms'^o^ounty
number of general forms and instructions in conformity with the court clerks,
laws in force, as in his opinion may be necessary to secure uniform-
ity in assessing, charging, collecting, and accounting for the public
revenue; and the clerk of each county court, and those who may be
appointed to receive lists of property to be taxed, and those who may
be by law authorized to collect any part of the public revenue, shall
pursue and observe such forms and' instructions as may be given to
them or cither of them.
24
178
COMPTROLLER OP THE TREASURY.
Further duty Sec. 18. When the Comptroller shall receive from any clerk a list of
in examining'list taxable property, polls and privileges, in the duplicate record 1 ook as
returned. mentioned in this act, he shall immediately examine the same, and
ascertain from the best information he may be enabled to procure,
whether the said list contains a full and true return of all the taxable
property, privileges and polls in such county; and if upon such
examination the Comptroller shall entertain a well-grounded belief,
that said return or list is imperfect, and does not contain a full and
true account of all the property, privileges or polls subject by law to
be taxed in said county, then, and in that case, the Comptroller shall
communicate to the clerk of the county court his objection to such re-
turn, and set forth in his communication how and in what such return is
deficient, and order that a counter list be taken and forwarded to the
Comptroller's office.
Sec. 19. The Comptroller is hereby authorized to correct all
To correct err- errors in calculation which he shall discover in the duplicate tax
ors in tax list. returned into his office, and also all errors made by clerks
and other returning officers.
Sec. 20. If any person in any county, concerned in the collection
of the State revenue, should fail to collect, fail to make returns, fail
How to pro- to make settlement, or fail to pay over all moneys by him received
Hnqduems!nSt de" an^ belonging to the State, at the time and in the manner required
by law, the Comptroller shall, at the expiration of thirty days next
after the expiration of the time within which such duties are by law
required to be performed, transmit to the Attorney General in whose
district such delinquent officer may reside, a statement of the sum
claimed by the State from such delinquent officer, with directions to
such Attorney General, to proceed against such delinquent officer
and his securities, by motion, before the circuit court of the county
in which such failure shall happen, at the first or any subsequent
term of the court, after said payment should have been made, and
said court is hereby authorized and required to enter up judgment,
on motion, in all such cases, for such sum or sums of money as shall
appear to be due.
Sec. 22. If the Comptroller shall die, resign, or from any other cause be
Governor may disabled to do and perform the duties of his office, the Governor shall
appoint pro tem. appoint some person well qualified to do and perform the duties of
Comptroller, who shall receive the same salary, take the same oath,
shall be liable to the same penalties, and shall receive the same
allowances as are by this act contemplated to be received, allowed
and performed by the Comptroller.
Term of office. Sec. 23. The Comptroller shall hold and perform the duties of his
office for the term of twro years, and until his successor shall be
qualified to undertake the duties of said office.
To attend at Sec. 24. It shall be the duty of the Comptroller to attend at
Knoxviiie and Knoxville, in the eastern division, on the first day of February, and
Jackson. remain there until the fifteenth day of February; and at Jackson,
in the western division, on the first day of April, and remain there
for the space of twenty days, for the purpose of settling with clerks,
collectors and other officers, who may be required by law to pay
money into the treasury, and also to audit any claims that may be
presented for adjudication in either of the divisions of the State during
his continuance at such place, and shall also provide by arrange-
ments with the banks in the different divisions of the State so as to
have such claims paid in the division where the claimants may reside.
constables.
517®
CONSTABLES.
constitution. art. vi. sec. 15.
1741.—Chapter 5,
Section 2. Constables shall have the following oath administered Constables to
to them:
"You shall swear that you will well and truly serve the State of
Tennessee, in the office of a constable; you shall see and cause the
peace of the state to be well and truly kept according to your power;
you shall arrest all such persons as in your sight shall ride or go Form of oath,
armed offensively, or shall commit or make any riot, affray or other
breach of the peace; you shall do your best endeavor upon com-
plaint made to you, to apprehend all felons and rioters, or persons riot-
ously assembled; and if any such offenders, shall make resistance
with force, you shall make hue and cry, and pursue them according
to law; you shall faithfully, and without delay, execute and return
all lawful precepts to you directed; you shall well and duly, accord-
ing to your knowledge, power and ability, do and execute all other
things belonging to the office of a constable, so long as you shall con*
tinue in this office. So help you God.''''
Sec. 3. Every constable elected and sworn is, and they are hereby p0were" the
invested with, and may execute the same power and authority, to all same as in Eng-
intents and purposes, as the constables within the kingdom of Eng- Jand.
land are by law invested with and execute.
Sec. 6. Any one justice of the peace of the county, shall, and he Justice may
is hereby empowered to administer to the several constables to be administer oath.
elected in his county, the oath directed by this act for their qualifica-
tion.
Sec. 8. If any constable to whom any precept is directed by any Tobefinedfor
justice of the peace, shall refuse or neglect to serve such precept, not serving pro.
he shall, for every such offence, on complaint of the party prosecut- cess*
ing, be fined at the discretion of the court, to be paid to the com-
plainant.
Sec. 9. It shall and may be lawful for any justice of the peace
within this state, to direct any such precept or mandate, in the ab- . Justice may
sence of, or for want of a constable, to any person, not being a party, any^persorT in
who shall be obliged to execute, or endeavor in the best manner he absence of con-
can, to execute the same under the like penalty, any constable shall stable,
be liable to by virtue of this act, to be recovered and applied as afore-
said.
1786, Ch. 14, $ 10. (When constable may levy execution on
lands. See Execution.)
1799, Ch. 25. (Constables miy levy attachments. See Attach-
ments.)
1 J»0 CONST U'LFh.
18 01.—Chapter 7.
Section 5. In case any constable, or other legal officer, fail or
refuse to render the moneys on executions put into his hands, within
thirty days after the expiration of the stay, or twenty days, if no
stay of execution is granted, unless by his return it shall appear no
property can be found to satisfy the debt and costs, it shall and may
be lawful for the person aggrieved in the premises, or his attorney,
to move for judgment against the officer herein offending, and his
securities, at the next circuit court wherein the delinquency hap-
pens. And it shall be the duty of the said court, if on investigation, it
shall appear to the court, the constable, or other legal officer so of-
fending, is guilty of neglect in rendering the moneys as aforesaid, to
order out execution against the delinquent officer and his securities,
for the debt and costs complained of.(a)
1 8 0 3.—chapter 9.
Sworn in chief, Section 4. The constables attending the several courts, shall be
sworn in chief.
18 0 5.—Chapter 31.
Liable to indict- Section 1. If any sheriff, coroner, or constable, from and after the
mentfor bidding first day of January next, shall bid or purchase at their own sales,
at own sale, either by themselves or any other person or persons for them or
their benefit, all such sales or purchases shall be void, and all per-
sons concerned in any such sales, shall be liable to an indictment for
a misdemeanor, by the party injured.
18 0 5.—chapter 66.
Liable -to in- Section 3. If any constable shall go about the neighborhood in
dictment foFstir- which he lives, or through the country, and endeavor to stir up the
ring up law suits peop]e to commence suits against each other, by telling of falsehoods, or
in any manner propagating reports that may have a tendency to in-
stigate the good people to sue and vex each other; every constable
so offending shall be liable to be indicted for every such offence, for
a misdemeanor in office, and on conviction, fined in a sum not le<?s
than five, nor more than fifty dollars.
Proceedings
ag'inst constable
for failing to pay
over money.
(a) If a motion against a constable is not made at the first term, after the delinquency happens, as requir-
ed by this act, it is necessary to give notice, Cooke- 267. 1 Yerg. 460.
2. If a constable fails to return an execution in due time, a judgment may be taken against him, and his
securities, without notice. Cooke. 466. 1 Yerg. 460.
3. Upon a motion against a constable and his securities, notice to the securities is not required. 1 Yerg.
^4.' A constable gave a receipt in these words: "Received from L. and G. for collection, one note on J. H.
C. for forty-five dollars, due 1st November, 1832. which I promise to collect or return according to law."—
Held that this was an undertaking as agent, and he was bound to take out warrant and execution, and it
by his negligence the money was lost, he was liable. 6 Yerg. 602.
constables.
181
18 0 7.—Chapter 90.
Section 1. It shall not bo lawful for any sheriff, coroner, or con- Time of execu-
stable, to expose to public sale any property, whether real or per- sales,
sonal, on which he may have levied an execution or attachment,
before the hour of ten in the forenoon, or after sun set on the day on
which he may have advertised the same for sale.
Sec. 2. All sales made before the hour of ten, or after sun set, Saiesvoid.
shall be void.
18 0 7 .—Chapter 104.
Section 13. Whenever it shall so happen, that the sheriff of any when consta-
county in this state, is a party to, or interested in any suit depending bie to perform
in any court, and where there is no coroner in such county, 01* if ^®riffdutiesl of
there be a coroner, and he also is a party, or interested in such case,
it shall and may be lawful, for any constable of such county, to
whom the same may be delivered, to execute the leading or any sub-
sequent process, issued in such suit, and make return in the same
manner as if he was sheriff; and such constable shall be entitled to
the same fees in such cases, that the sheriff is entitled to for similar
services, and shall be liable to- the same penalties and proceedings
for neglect or mal-practice, in the service of such process, that she-
riffs are by law liable to, for similar neglect or mal-practices.
1811, Ch. 112, § 1. (Constables to arrest vagrant gamblers. See
Gaming.)
18 1 3.—Chapter 103.
Section 1. No sheriff, deputy sheriff, constable or coroner, shall sheriff, coro-
purchase property, either directly or indirectly, by himself or them- ner, or consta-
selves, or by any other person or persons whatsoever, either at his ^'icted^nd0 re*
own sale or the sale of his principal, or his 01* their deputy or depu- moved for pur-
ties, or any of them, whether the said sale be for taxes or for other chasing at theii
kind of execution or decree whatsoever; and if any such sheriff, ownsale9>
deputy sheriff, constable or coroner, shall presume to purchase pro-
perty at any sale, contrary to the true intent and meaning of this
act, whether it be done by him or themselves, or either of them, or
• by any other person or persons whatsoever, for his or their use, or in
partnership; such sheriff, deputy sheriff, constable or coroner, as
the case may be, shall be liable to be indicted for such offence, in the
circuit court of the county wherein said offences, or any of them may
be committed, subject to a change of venue, as other cases now are""by
law; and if upon the trial of said indictment, said sheriff, deputy
sheriff, constable, or coroner, as the case may be, shall be found
guilty, he shall be immediately removed from office by said court,
if he be sheriff, coroner or constable; and shall moreover be liable
to an action for damages by the party injured; and if it shall be
a deputy sheriff, he shall in like manner be removed by the sheriff,
and shall also be liable to the sheriff for whatever damages may be
recovered against him. said sheriff, for his said deputy's misconduct in
said sale or sales
182
CONSTABLES#
1815.—Chapter 93.
Section 1. Whenever any constable or constables, who may be
$1 per day for appointed by the county court, and summoned by the sheriff to attend
attendance on at the circuit court, as constable to the grand or petit jury of said
court- court, said constable shall receive one dollar per day, as full compen-
sation for his services, for every day he attends the same: and said
constable shall prove his attendance, and his ticket from the clerk
shall be sufficient authority to the trustee to pay the same, and a sut-
ficient voucher to him in the settlement of his accounts.
Any other con- Sec. When any constable who may be summoned, as contem-
■table appointed plated by the first section of this act, shall fail to attend, or when
receivesamed a° s^ou^ nominated and not summoned, and any other consta-
receive same pay ^ wjlonot summoned, should be sworn and required to attend on any
petit or grand jury, said constable shall receive the same compensa-
tion, and under the same rules, regulations and restrictions, as pro-
vided by the first section of this act.
1817.—Chapter 54.
Sheriff, coro- Section 1. When any sheriff, coroner or constable, shall hereafter
toe' se^ any property by virtue of an execution, put into his hands, for
judgment, by more than sufficient to satisfy said execution and costs, it shall be his
motion for fail- duty to pay over such surplus money to the owner or owners of the
sur tiu3Pay °Ver Property so sold, and in case of failure or refusal, such sheriff, coro-
surp us. ^ constable, and their securities, shall be liable to a judgment,
by motion, in favor of the person or persons, who are entitled to re-
ceive the same, before any court having jurisdiction thereof, in the
county where such sale may have been made, on production to the
court of a certified copy of the record of the said judgment and exe-
cution, 01* in the court where said judgment shall have been ren-
dered: Provided, That demand must first be made of such sheriff,
coroner, or constable, and notice given of the time and place of such
motion.
Sec. 2. When any sheriff, coroner or constable, who is intrusted
judgment^by wjtj1 t^e collection of debts, under the jurisdiction of a justice of the
ureton'rayrover peace, whether due by bond, bill, or otherwise, shall receive such
money collected money, whether before the service of any warrant, or after, or before
in any way. rencljtion of any judgment therefor; or after such judgment, such
sheriff, coroner or constable, and their securities, shall be liable to
a judgment, by motion, for such moneys, in as complete and ample a
manner as if the same had been collected by execution.
1817, Ch. 61, 5 1. (Constables convicted of gaming, disqualified
for five years. See Gaming.)
1 82 3.—Chapter 21.
Section 1. When any constable shall hereafter collect any money
on execution issued by a justice of the peace, and on application of
the plaintiff, his agent or attorney, shall fail or refuse to pay over
the money so collected, it shall and may be lawful for the plaintiff,
on motion before any justice of the peace in the county in which the
Judgment agst:
constable by mo-
tion before jus-
tice.
constables.
183
judgment was rendered, to obtain judgment against such delinquent
constable, and his securities, for the amount so collected, with twelve
and one half per cent, interest; on which judgment there shall be no
stay of execution: Provided, That the plaintiff shall be bound to
give the constable in default five days' notice, in writing, of the
time and place of such motion: Provided, also, That before the
plaintiff shall be entitled to judgment against the securities of such
constable, he shall be bound to produce to the justice a certified copy
of the bond of said constable and his securities.(6)
Sec. 2. If either party be dissatisfied with the judgment of the „ . ..
, , ,, , r • r i , i . J . ° Constable may
justice, he shall be entitled to an appeal to the circuit court of the appeal to circuit
county, as in other cases of appeal from the judgment of a justice of court.
the peace: Provided; That if judgment be rendered against such
constable and his securities, he or they shall stillfcbe liable to pay the
plaintiff twelve and one half per cent, interest, on the amount so
recovered.
18 23.—Chapter 40.
Section 2. It shall be lawful for the constable, or sheriff, who
shall serve or return a warrant, and it shall be their duty, to receive re^e^without
the amount of the principal, interest, and costs, without commis- commission* be-
sions, if tendered before the stay of execution shall have expired; fore stay is out.
and the receipt of either of said officers therefor, shall discharge the
defendant, and the constable, or sheriff, and their securities, shall be
accountable to the plaintiff therefor; and it shall be the duty of con-
stables, or sheriffs, on the receipt of the principal and interest, as
above stated, to pay the same to the plaintiff, his or her agent or
attorney, without delay.
1 8 24.—Chapter 10.
Section 1. It shall be the duty of the county courts in this state,
respectively, to require any person hereafter appointed constable, to To give bond
give bond, with sufficient security, to be approved of by said courts, in $1000<
payable to the governor for the time being, and his successors in
office, in the penal sum of one thousand 'dollars; conditioned for the
faithful discharge of the duties of his office; and to pay over and
account for all moneys by him collected by yirtue of his office, to the
person, or persons, authorized to receive the same.
1825, Ch. 19,} 1. (Constables to arrest persons suspected of car
rying arms] See Arms.)
18 2 5.—Chapter 40.
Section 1. In all cases where a sheriff, coroner, or constable, May havejudgt.
may levy, an execution on property, the title of which is disputed, dernnUybondT
and may take a bond of indemnity, and may be sued for so doing by
(b) The officer who commences the execution is bound to finish it; and if the officer who made the levy
procures another officer tp sell, which latter fails to pay over the money, the officer making the levy is subject
to judgment by motion. 1 Yerg. 148.
2. Notice to an officer of an intention to move against him, is a sufficient application to him for the money,
1 Yerg. 14&
184
OJSlHlABLES.
the i-ightful owner of such property so levied on and Hold, and a
recovery had against such sheriff, coroner or conslable; it shall and
may be lawful for such sheriff, coroner, or constable, upon motion in
any court of record, to obtain judgment against the obligor or obli-
gors, or either of them, on such bond of indemnity for the amount of
the damages and costs that may have been recovered against such
sheriff, coroner or constable.
Sec. 2. No sheriff, coroner, or constable, shall be compelled to
levy an execution on any property, the title to which is disputed,
and sell the same, unless the plaintiff, in the execution, will first give
bond and security to such sheriff, coroner or constable, to indemnify
and keep harmless, snch officer from all damages and costs, in conse-
quence of levying upon, and selling, such property.
182 7.—Chapter 35.
Section I. The constables in this state shall be entitled to receive
Four percent! four per cent, commission on all sums by them collected and 110
immissions. more on executions issued by justices of the peace.
1829, Ch. 12, § 1. (Constables levying execution 011 land to return
it to Justice. See Execution.)
1829, Ch, 90, § 1. (Manner of advertising execution sales. See
Execution.)
1831, Ch. 98, $ 1. (Constables holding elections prohibited from
opening tickets. See Misdemeanor.)
1 8 3 3 .—Chapter 7.
Section 1. It shall be lawful for any officer in whose hands any
claim or claims are put for collection, to apply to any justice of the
peace for a warrant on said claims, and it shall be the duty of said
justice to issue the same without any order in writing from the plain-
tiff: Provided, said officer shall first produce the claim to said justice
on which he wishes the warrant to be issued.
1833, Ch. 20, § 1. (Constables not to levy execution on standing
crop, before the 15th of November. See Execution.)
18 3 3.—Chapter 56.
Townconsta- Section 1. It shall be lawful, and it is hereby made the duty of
bies to hold eicc- town constables, in all or any of the incorporate towns or cities of
tions. this state, to open and hold all elections for the election of officers to
said corporations, under the same rules and regulations, and in the
same manner as all such elections are now by law holden, and con-
ducted by sheriffs.
Sec. 11 and 12. (Constables required to execute subpoenas on
witnesses to deeds. See Registration.)
Not compelled
to levy on dis-
puted property
without indem-
nity.
May apply for
a warrant, by
producing the
claim.
CONSTABLES. 185
1835, Ch. 1,5 1. (Districts for election of constables laid off. See
Districts.)
5 3. (Number to each district. See Districts.)
1835, Ch. 21, {3. (To hold elections for company officers. See
Militia.)
contempts.
18 3 1.—■Chapter 19.
Section 1. The power of the several courts of this state to issue Power of coiTrte
attachments and inflict punishments for contempts of court, shall ^®[ltemPta de-
not be construed to extend to any cases except the wilful misbeha- e
vior of any person or persons in the presence of the said courts, or so
near thereto as to obstruct the administration of justice, or the wilful
misbehavior of any of the officers of the said courts in their official
transactions, and the wilful disobedience or resistance by any officer
of the said courts, party, juror, witness, or any other person or per-
sons to any lawful writ, process, order, rule, decree, or command of
the said courts.
Sec. 2. The sheriff or other officer executing such process, shall *" Sheriff to take
take bail as in other cases, for the appearance of the person so at- ba '
tached, and the court ordering the same shall specify the sum requir-
ed to be taken in such appearance bond.
continuance:
1 7 J 9.—Chapter 4.
t
Section 5. Whenever it shall be the opinion of the court, that a whencoststo
party praying a continuance shall not obtain it without payment of be paid on conti-
all costs attending the same, the whole of these costs shall be paid «uanc®-
before the continuance is granted; and the party paying such costs
shall not be entitled to recover them, although the judgment of the
court should finally be in his favor.
1 7-94 .r—Chapter 1.
Section 62. It shall not bb. lawful for any court to grant a continu- How continue
ance of any cause therein d^earlm^ but by consent of both parties, to bo granted,
'25
186
continuance.
or on eause shewn by affidavit filed, which cause shall be held suffi-
cient in law for the said continuance, (a)
18 2 9.—Chapter 33.
*■ Judgment for Section 4. When any of the courts in this state shall grant a con-
tinuance.n C°^~ tinuance in any civil cause upon the payment of the costs or any
part thereof that may have accrued, it shall be the duty of the court
granting such continuance to render judgment and order execution
for such costs.
CORONERS.
constitution, article vii. section 1.
17 79.—Chapter 5.
Section 2. In case, at any time, there shall be no person properly
act whennoahe0 qualified to act as sheriff in any county of this state, then it
riff. shall and may be lawful for the coroner of such county, and he is
hereby required, to execute all process, civil or criminal, lawfully
issuing, or judgments, orders, or sentences, of any courts within the
same, until some person shall be appointed properly qualified as
Duties and li- af°resaid to act as sheriff in said county; and such coroner shall be
abilities the s'me under the same rules and regulations, and subject to the same fines
as sheriff. an(j forfeitures, as sheriffs are by law for neglect or disobedience of
the duties aforesaid, (a)
1785.—Chapter 3.
r * Coronerto Section 6. Every coroner in this state shall, before the justices in
give bond and se- court, enter into bond with two or more good and sufficient securi-
cur y" ties, in the penalty of two thousand five hundred dollars, payable to
the Governor or his successors, with condition for truly and faith-
fully executing the office of coroner; and upon a breach of said con-
Bond may be dition the bond may be assigned and sued for until the whole penalty
aasigne . js recovered, in like manner as the bonds given by sheriffs.
(o) The granting of a continuance is discretionary, and the court will subject tlie party applying, to such
terms as are equitable. 1 Tenn. 32.
2. It is not material by whom the affidavit for a continuance is made. 1 Tenn. 134.
3. Supplemental affidavits will never be received—though in special cases explanatory ones will. 1 Tenn.
211.
4. If the evidence stated to be wanted, be admitted, the cause should be tried. 3 Hay. 145.
(a) The return of a coroner, that he has made the money on an execution, will authorize a judgment
against the officer, but not his securities, under the act of 1801, chapter 7, section 5. (See Constables.) 1
Tenn. 61.
CORONERS.
187
180 9.—Chapter 62.
Section 1. It shall and may be lawful for any coroner in this state, Fee for eum.
to demand and receive the sum of fiye dollars, for summoning a jury ™oninB aiury of
and witnesses, if necessary, and holding an inquest over the dead nque"'
body of any person as required by law, from the county treasurer,
out of any county money in his hands; he, the said coroner, first
producing a certificate from the court of said county, stating that the
services contemplated by this act have been actually performed;
which certificate shall be a sufficient voucher to entitle such trea-
surer to a credit for the full amount stated in the same.
18 2 5.—Chapter 36.
Section 1. It shall not be lawful for any person or persons to bury
or cause to be buried, the body of any person whatsoever, that may in deaths by ae-
come to their death accidentally or by unlawful violence, or other cident or vioi'ce.
suspicious cause, without first giving notice to the coroner of his
county, of such death, or in case the coroner is absent or sick so that
his attendance cannot be had, to some justice of the peace. Every
person so offending shall be liable to the sum of fifty dollars, to be
recovered before any tribunal, having cognizance thereof, one half
to the use of the county, and the other half to the use of any person
who will sue for the same.
Sec. 2. If any person summoned to serve on such jury by any
coroner, shall fail to attend upon such inquest, he shall forfeit the ror n0 a en 8
sum of five dollars, to be recovered by such coroner before any jus-
tice c-f the peace for the use of the county in which such inquest may
have been made.
Sec. 4. When any person or persons may by accident, be deprived acc^entC^ti^
of life in the presence of any person or persons, it may be lawful ^ay summon"
for any person to give notice to some justice of the peace in the coun- jury,
ty where such accident may happen, whose duty it shall be to cause
a jury of seven respectable men to be summoned, under the same
rules and restrictions that govern a coroner's inquest by the laws of
this state, and if the said jury shall be of opinion that the person over
which the inquest is held was deprived of life by accident, it shall be
lawful for such person to be buried, without notice to the coroner;
but should said jury be of opinion that said person was murdered, or uniawfufmLne
came to his death by unlawful means or violence, it shall be the duty notice to the co-
of the justice holding such inquest, forthwith to give notice to the roner-
coroner of his county, and an inquest shall be held as provided for in
the first section of this act.
1835, Ch. 1,5 10, 11 and 12.—(May hold election for Justice of
the peace. See Elections.)
188
• "OfaTh IN CIVIL CAMS..
COSTS IN CIVIL CASES.
17x5.—chapter 27.
Section 8. In all actions upon the case for slanderous words, to
defenses'0when su?d or prosecuted by any person in the circuit courts of this
not to exceed da state, if the jury upon the trial of the issue in such action, or the jury
mages. that shall inquire of the damages, do find or assess tne damages un-
der fiVe dollars, then the plaintiff or plaintiffs in such action, shall
have and recover, only so much costs as damages so given or assessed
shall amount unto, without any further increase of the same.
1779, Ch. 4,} 5.—(All the costs to be paid on a continuance when
directed by the court. See Continuance.)
1783, Ch. 11, §4.—(The party cast shall not be obliged to pay
for more than two witnesses to prove any single fact. See Witnesses.)
1787, Ch. 19, § 1.—(Process not to issue without security for
costs, (a) &c. See Process.)
17 9 4.—Chapter 1.
Full costs on Section 26. When a plea in abatement shall be pleaded, and upon
iiTaiMe^ent*64 arSumen^ satne shall be adjudged insufficient, the plaintiff shall
in a a emen . recover against the defendant full costs to the time of overruling
such plea, including the costs of court.
Costs to foi. Sec. 74. In all actions the party in whose favor judgment shall be
the suiteventof given, or in case of a non-suit, dismission or discontinuance, the de-
e u ' fendantj shall be entitled to full costs, unless where it is or may be
otherwise directed by law.
1796, Ch. 7, { 9.—(Executions to have annexed a bill of costs in
words at length. (b) See Circuit Court Clerks.)
(a) Bond and security is given by the plaintiff at law, to prosecute his suit with effect, or pay all costs.
&c. The condition of the bond is complied with, if the plaintiff recovers a judgment at law against the de-
fendant. 1 yerg. 82.
2. In such case, the security will not be liable for the costs in law or equity,- although the defendant at law
obtain a perpetual injunction against the judgment, and the plaintiff at law was decreed to pay all costs.
Same.
3. The surety for the prosecution of a suit, taken on the issuance of a writ, is not bound for the costs of
the appellate court, in case the plaintiff below obtains judgment in the court where the suit was instituted. 1
Yerg. 146.
4. When a plaintiff obtains judgment, his security for costs, &c., is not liable for costs taxed against the
plaintiff, upon setting aside a non-suit which he hassuffered. 1 Yerg. 448.
5. This act is to be strictly construed in favor of securities. Same.
6. When a judgment at law is enjoined, and bond and security given by the complainant for costs and da-
mages, the securities are liable for the costs adjudged against the complainant, although the judgment was per
petually enjoined. 2 Yerg. 301.
(4) An execution for costs is void, if the items of cost are not set out at full length in words and not in
figures. 2 Yerg. 310.
2. Every item of service for which any charge is made must be written down in words at length, except the
amount which may be in figures. 2 Yerg. 241.
COSTS IN CIVIL CASES.
189
18 0 1.—chapter 6.
Section 65. The law of costs shall not bo interpreted as penal
laws.
1809, Ch. 107,51.—(When fines against jurors are remitted, the
costs to be paid of any fines and forfeitures arising in such court.
See Jury.)
181 1.—Chapter 91,
Section 1. In all suits for the recovery of damages occasioned by in actions for
the overflowing of water, from the erection and keeping up a grist ^ter°^sts n°[
mill, or other water-works of utility, the plaintiff or plaintiffs shall in to^xcee^dama-
no instance recover of the defendant or defendants, a greater sum in ges.
cost, than may be assessed by the jury in damages.
Sec. 2. It shall be the duty of the court before whom any such judgment for
suit may be tried, to pronounce judgment against the defendant for as much costs as
as much cost as there may be damages assessed, and at the same damases-
time to pronounce judgment against the plaintiff for the residue of
said cost.
181 3.—Chapter 131.
Section 2. In all causes which may be commenced before any of in appeal from
the justices of the peace in this state, and from the judgment of justice, plaintiff
which justice an appeal should be taken, it shall be the duty of the for\ostsS.eCUn 7
court to which the same may be taken, on motion, at the return or
any subsequent term, while said cause may be depending to require
of the original plaintiff in said cause to give security for the costs of
suit.
1817.—Chapter 199.
Section 8. In all cases" where a suit has been tried or dismissed,
and the plaintiff or defendant die before the costs are collected, and
the opposite party in such suit administer on the estate, or is appoint-
ed executor of said deceased, it shall and may be lawful for the clerk,
sheriff and witnesses, and all others who have costs, to sue for and
recover the amount of his or their claim against the administrator or
executor of said deceased, before any jurisdiction having cognizance
thereof, or before any justice of the peace, provided it does not exceed
fifty dollars.
1824, Ch. 16, $ 2.—(Clerk or sheriff may be moved against £or
costs. See Clerk of Circuit Court.)
1 8 2 5.—Chapter 29.
Section 1. In all suits prosecuted in the name of one person for
the use of another, the person or persons, bodies politic or corporate,
Costs how
collected when
one party dies
and the other ad-
ministers.
Persons for
whose use suit is,
liable for costs.
190
COSTS IN CIVIL CASES.
for whose use such suit is brought, shall be held and deemed the real
plaintiff on record, against whom judgment shall be rendered and
execution issue for the costs they may be liable for, as in other cases.
182 5.—chapter 45.
in suits on Section 5. The person or persons for whose use suit may be
guardian bond brought on any guardian bond shall be liable for cost, and judgment
costs.liaWe f°r an(^ may be rendered against him or them, in case of failure to
prosecute his or their suit with effect, in like manner as if said suit
had been brought in his, her, or their own name.
1826.—chapter 27.
Section 1. In all cases where suits may be brought on bonds
made payable to the governor of this state, or to the chairman of the
county courts of any of the counties of this state, or to any of the
county trustees of this state, that the person or persons for whose use
suit may be brought, as aforesaid, shall be liable for costs as plaintiffs
in other cases are liable, and judgment shall and may be rendered
up against him or them in case of failure to prosecute his or their
suit with effect in like manner, as if such suit had been brought in
his, her, or their own name or names.
182 6.—chapter 28.
Section 1. It shall and may be lawful for any plaintiff in any suit
Plaintiffs may, at law in any court of this state, or any complainant in any case in
in writing, dis- equity, by his order in writing, directing the dismission of such suit
term Time^and to be filed with the clerk of the court in which such suit is pending,
stop costs. ' to dismiss his or their suit or suits, as well out of term time as
in open court, and all costs incident to such suit shall cease: Pro-
vided, nothing herein contained shall excuse the plaintiff from the
payment of the cost accruing on such suit previous to such dismis-
sion, but when witnesses have been summoned they shall be entitled
to pay for their attendance for one day and no more.
182 6.—chapter 29.
Section 1. In all suits prosecuted in any of the courts of this
lnmotionsvs. state, by motion against constables, sheriffs, or other officers or other
constables, &c., persons, the plaintiff in said suits shall be required to give security
security forf'sw for all costs accruing on the said suits in case he fail therein.
18 29.—chapter 1.
in what cases Section 1. In all civil actions founded upon assaults, assaults and
the costs Khali batteries, malicious prosecutions and false imprisonment, the party
not exceed the plaintiff shall recover no more costs than damages, unless the amount
damages. 0f damages given him, shall exceed the sum of five dollars.
' Tlaintiffs in
suits on bonds to
the Governor,
ch'rman or trus-
tee, made liable
for cost.
COSTS IN CIVIL CASES.
191
18 3 2.—Chapter 5.
Section 2. Whenever a cause at law or equity shall be brought Cause dia-
up or attempted to be brought up, from an inferior to a superior mis8®df^ucdogaI^'t-
court, and the superior court shall dismiss it or determine that the given or 008
cause has never been regularly transferred to said court, or that the
court has no jurisdiction thereof, it shall be the duty of the court to
render judgment for the costs against the party so attempting to
bring the cause into said court.
COSTS IN CRIMINAL CASES.
1794.—Chapter 1.
Section 76. Witnesses on behalf of the state shall be allowed gtate witnes
the same pay for their daily attendance, as is allowed to witnesses ses to have the
attending upon civil prosecutions,* and such fees for attendance shall as m
be paid by the defendant, on conviction. And if the state shall fail
upon the prosecution of any offence of an inferior nature, the court
may, at their discretion, order the costs to be paid by the prosecutor,
in case such prosecution shall appear to have been frivolous or ma- if the prose-
licious; and in case the defendant shall not be able to pay costs, or
the court shall not think fit to order the prosecutor to pay the same, prosecutor may
then, and in that case, the clerks of the circuit courts shall grant be taxed with
a certificate of attendance to such witnesses, in manner as tickets are costs*
directed to be granted to witnesses in civil causes.
18 0 7.~^Ohapter 24.
Section 1. On all indictments for capital as well as inferior of- Prosecutor may
fences, if the defendant shall be acquitted by the verdict of a jury, costs when Iriv
on the trial of the merits of the cause, and the court before whom oious or maii-
the same shall have been tried, shall be of opinion, that the prosecu- clous*
tion was malicious or frivolous, the said court may tax the prosecu-
tor with the cost of such prosecution.
Sec. 2. On all criminal prosecutions, as well for capital as for No costs when
inferior offences, if the defendant shall be acquitted by the verdict def t is acqu,tted
of a jury, on the trial, on the merits of the cause, such defendant
shall be acquitted of all costs, except such witnesses as may be
summoned for the defendant.
1812.—Chapter 25.
Section 4. (In state cases, persons imprisoned for fine and costs
may take the benefit of the insolvent debtor's law. See Insolvent
Debtors.)
192
COSTS IN CRIMINAL CASES.
1813.—Chapter 136.
; Judg't vs dfif'i Section 2. In case any person who maybe convicted on an in-
convicted for dictment or presentment for a capital or other offence, judgment
8" may be rendered, and execution may issue against the estate of
such defendant, (a) as in other cases where a fine is adjudged, and
all costs that are then due and incident thereto; and for any costs
that may accrue after the time of such conviction by imprisonment
or removing such prisoner from one county to another, either be-
fore or after such conviction, for the better security of such offend-
er; also, all costs that may accrue in prosecuting to, and carrying
the judgment or sentence of such court into effect; and the said
court, before whom such conviction may have been had, may at any
subsequent term, on motion, render judgment and award execution
against the estate of such defendant as aforesaid; and when it shall
in such cases appear to the court, that the defendant at the time of
such conviction or executing the sentence of the court, had no es-
tate real or personal, whereof such costs could be made, then it
if def't is in. lawful for such court, by an order of record, to direct the
solvent, clerk to clerk to issue a certificate or certificates to the lawful claimants, for
issue certificates aH costs which to them may have accrued in said cause; which cer-
tificate or certificates shall be received and paid by the trustee of
the county in which said offence may have been committed, which
shall be good in the settlement of the accounts of said trustee.
Deft acquitted, Sec. 3. In all indictments for capital as well as inferior offences,
judg't for costs, if the defendants should be acquitted by the verdict of a jury on the
trial of the merits of the cause, k shall be the duty of the couTt to
give judgment for all costs that may have accrued in said prosecu-
tion; whereupon it shall be the duty of the clerk to issue ccrtifi-
cates to the parties thereto entitled, for the amount so by them
claimed, which certificates shall be received and paid by the trustee
of the county where such offence was charged to have been com-
mitted, which shall be good in the settlement of his accounts: Pro-
if prosecution vided, That if the court before whom such trial shall be had, shall
secuto^'maPbe 0^* °P^n^on ^at ^e prosecution was frivolous or malicious, the
taxed°withcostse. said court shall tax the prosecutor with the costs of such prosecu-
tion.
Nolle prosequi Sec. 4. When it shall so happen, that a nolle prosequi shall be
costs 10 be given entered, it shall be the duty of the court to give judgment for costs,
and the clerk shall issue certificates to the parties entitled thereto.
Jndg't for costs ®EC* **• Where any person may be recognized by any one justice
when def't dis- of the peace, or by any of the Judges of the state, to appear to an-
charged before swer any criminal charge in any of the courts of this state, and
tiny buifound. shouid be discharged before any bill of indictment should be prefer-
red to, or presentment made by the grand jury, and returned not a
true bill, it shall be the duty of the court to give judgment for the
costs.
(a) Orders to the treasurer for costs should be founded,
1st. On the examination of the couri, judgment of approval and certificate of the clerk.
2nd. A return of no property by the sheriff on theexecutiu , against the real and per onRl estate of the
convicted person.
3rd. The items m the bill of costs, ought to have the certainty required by law. Peck 91.
COSTS IN CRIMINAL CASES.
193
181 7.—chapter 100.
section 1. When any person or persons shall be apprehended if deft be dis.
for any criminal offence whatever, and upon an examination of the ^rSt^lls*o9e!
witnesses, both on behalf of the state and prisoner, it shall be the ™orswUhcosta
duty of the justice or justices before whom said prisoner or prison-
ers are examined, if they believe the prosecution to be frivolous or
malicious, to discharge the prisoner or prisoners, and give judgment
against the prosecutor for costs.
18 2 6.—chapter 6.
section 1. When an appeal or writ of error shall be taken to eupreme judge
the courts of errors and appeals, by a defendant who hath been con- to certify coats
victed in any of the circuit courts of this state of a criminal offence £?r^e*°^ree hy
and a change of venue shall have been granted in said prosecution c CUI 3 ° "
and the judgment of the circuit court shall be affirmed, the judges,
or any one of them presiding upon the final trial of said prosecution,
shall be authorized and required to examine and certify the correct-
ness of the bill of cost., both in circuit court and court of appeals,
in the same way now authorized by law, in similar cases, in the cir-
cuit court and by the circuit judge presiding upon the trial of prose-
cutions and the treasurer is hereby directed to pay the amount of
such costs certified as aforesaid under the same rules and regula-
tions as is prescribed by law in relation to the payment of cost in
like cases certified by a circuit judge.
1 8 2 7.—chapter 36.
section 1. In all criminal cases, punishable by confinement in the when e««t«
Penitentiary, where the defendant may be acquitted, and in all cases to be paid by the
where the defendant may be convicted and shall prove insolvent, 8tate-
and unable to pay the costs, the same shall be paid out of the treas-
urv of the state.
sec. 2. In all cases, not punishable by confinemeent in the Peni- whontobep'd
tentiary, where the defendant shall be found guilty and may prove by the county,
insolvent, and unable to pay the costs, the same shall be paid out of
the treasury of the county where the prosecution originated.
sec. 3. It shall not be lawful for the county trustee to pay any whentbetrua-
claim for costs in criminal prosecutions, unless it shall appear, that tee to pay coats,
the defendant was convicted, and that the same could not be collect-
ed from him, or unless it shall appear from the certificate of the
clerk, that the county court had ordered the same to be paid by the
count}*.
sec. 6. It shall not be lawful for the treasurer of this state to D t of the
pay any claim for costs as directed in this act, except to the clerk Treasurer,
of the court where the cause may have been determined, or to some
person authorized in writing by him to receive the same, and said clerk
before he shall be authorized to receive from the treasurer the said
costs, shall produce to the treasurer a copy of the judgment andbill
of costs duly certified by him, accompanied by a certificate of the
solicitor of the district, also by the certificate of the presiding judge,
that the said costs are correctly taxed by the clerks.
26
104
COSTS IN CRIMINAL CASKS*
18 2 7.—Chapter 48.
Courts td have Section 1. The provisions of the act of 1^27, chapter 3(5, thall
discretion in tax- not be g0 construed, as to make it imperative upon the circuit courts,
in# costs. (jjrect |be payment of the costs of criminal prosecuth ns in all
cases, where the defendant may be found guilty, and unable to pay
the same, but the said courts shall in all cases exercise a discretion,
aS heretofore, in controlling the taxation of costs, and in no < ase
shall the state, or count)' be charged with the payment of said costs
state or coun- unless the court trying the cause shall so order and direct, which
ty not to pay order shall particularly set forth and specify the officers, and witness-
court order.9 thC es, whose costs are to be taxed together with the amount due to
each, which order shall be entered on the minutes, and constitute
part of the record in the cause.
1 8 2 9.—Chapter 100.
No costsp'd by Section 1. In all state prosecutions, in the circuit courts, for of-
c'ty in cases un- fences under the grade of petit larceny, when the defendant may
der petitlarcoay be acquitted, the cost of the same shall not be paid out of the c< un-
ty treasury where the prosecution originated, nor shall it be lawful
for the county court to allow any claim for costs in such cases, ex-
Except jailors' cept the fees of Jailors, and for the attendance of witnesses in be-
fees, state wit* half of the state, and Sheriffs' fees for summoning witnesses in be-
nesses, sheriff, balf of the prosecution.
Officers to have ®EC* The different officers in this state, whose duty it shall be
no fee, unless or- to perform services in such cases, shall do the santb without fee or
dered by court, reward unless the same shall be ordered by the court to be paid by
•g'et prosecutor. ... J r j
Ihe prosecutor.
Prosecutor in ®EC* Prosecutor 'n any state case whatever, for misdemeanor
riiisdemcanor to shall be entitled to any compensation for his services as prosecu-
have no compen. tor, or for his attendance as a witness in behalf of the state.
■ation.
18 3 1.—Chapter 86.
in felonies costs Sec. 5. In all suits in behalf of the state, when the offence is
stateP#id by the Pun*sbable by confinement in the Penitentiary, the c< st shall be
°* paid by fhe state under the same provisions and restrictions, as are
Chargad to the now prescribed by law in capital cases, and the same shall be charg-
penitentiary. ed by the Treasurer to the Penitentiary.
18 32.—chapter 6.
Jailors' fees, Section 1. It shall be the duty of all jailors in this state, to make
fidw certified, out a bill of costs in all state prosecutions, where the same is to be
paid out of the treasury, and produce the same in open court, first
having the same certified by the solicitor general and have the same
certified by the clerk as is now prescribed by law, which said bill
of costs shall be paid by the Treasurer of the stale—and the receipt
of the jailor is hereby declared to be a good voucher.
COSTS IN CRIMINAL CASES*
18 32.—chapter 7.
section 1. Where any criminal cause shall be tried in any cir* Judge to make
cuit court in the state, and where the state by the laws now in force ofcost.'tC onbllU
is or may be liable for costs, it shall be lawful for any circuit Judge
presiding in any of the courts in which such criminal cause may
have been tried, and he is hereby authorized and required to make
the certificate now required by law, to be made upon any bill of
costs that shall have accrued in the court in which he may preside.
sec. 5. A certified copy of the judgment and bill of costs only certifed copy
shall be required by the Treasurer, for the payment of costs in Mil of costs,
such cases as the state is bound by law to pay ; Provided, That ail
certificates now required shall be required.
183 2.—chapter 8.
section 2. In all prosecutions for offences subjecting the offend-
er to confinement in the Jail and Penitentiary house of this state,
in which a nolle prosequi shall be entered, or the defendant or de-
fendants in such prosecutions shall be otherwise discharged, the cost
of such prosecutions shall be paid by the state in the same manner
and under the same provisions as in cases where the defendant or
defendants may be acquitted by the verdict of a jury.
18 3 5.—chapter 59.
section 1. In all cases wherein any person or persons shall
hereafter be arrested on a warrant to keep the peace, and shall be
bound over for his appearance at court, or shall be committed to jail
on such warrant, being unable or unwilling to give security for his or
her appearance, it shall be the duty of the court to which such person
is by law bound to appear, in all cases wherein it shall appear to the
court that there was sufficient cause for binding such person over to
court and to keep the peace, to render judgment against such person
for all the costs lhat may have accrued in such cause; and if it shall
appear to the court that there was not sufficient cause for an arrest
and binding over, or committal under such warrant, it shall then be
the duty of the court to render judgment for the costs, against the
person at whose instance such warrant was taken out, or to order
their payment by the state, at its discretion.
183 5.—chapter 90.
section 1. Where any person heretofore has been, or hereafter Jailor's fees to
may be committed to jail upon a charge of felony in any county in ^gea,Jf0^![n ia
this state, and the criminal so committed and charged, cannot be tri- ment°of offend,
ed on account of lunacy or derangement, it shall be the duty of the era.
Judge holding court in the county where such criminal may be con-
fined, to allow the jailor's fees from term to term, under the same
rules, regulations and restrictions, as are now required by law, for
the payment of costs by the state in criminal cases: Provided, how-
ever, if any criminal may heretofore have been confined in any jail
in this state on a charge of felony for a longer period than six
Nolle prosequ
when coats paid
by state.
Persons bound
over liable for
cost.
Not liable if
discharged.
196 costs IN CRIMINAL CASES.
months, it shall be the duty of the Judge holding the court in the
county in which the criminal may be confined, and such criminal
may not have been tried on account of lunacy or derangement, to
allow the jailor's fees for the whole time of such criminal's confine-
ment, under the like rules, regulations and restrictions.
COTTON GINS.
1825.—Chapter 35.
Section 3. All owners of gins shall inclose the same so as to
Penalty for not exclude stock, and if such owner or owners fail to do so, they shall
gins0"118 cotton forfeit and pay for every such offence ten dollars, to be sued for by
the party aggrieved before any jurisdiction having cognizance of the
same, and a recovery had, one half to the use of the county and the
other half to the person suing for the same.
COUNTIES.
constitution, article x, sections iv, v.
179 6.—Chapter 13.
Section 2. In all cases when any memorial is presented to the
Proceeding on General Assembly for the division of a county, there shall also be
memorials for presented with it, a fair and accurate plat of the county or counties
new counties, divided, describing the old and new counties on one and the
same plat, which shall be actually surveyed by a sworn surveyor,
and by him subscribed and certified to be just and true.
COUNTY COURT.
197
COUNTY COURT.
1741.—Chapter 18.
Section2. The Justices of each county shall and may employ per- County court
sons, to keep and maintain the court-house and prison already built, may have court
and such as may be built, or to rebuild such as have fallen to decay
or ruin, and the same to keep in repair. pair.
1817.—Chapter 48.
Section 6. One third, or twelve, of the acting Justices in each 0ne third or
county, shall be competent to do, and transact all kinds of public or 12 justices may
county business in the county courts, and all kind of business which businessaUC I ty
by the laws, heretofore required a greater number of justices, may
hereafter be done and transacted by one third, or twelve, of the act-
ing justices in the county .(a)
Sec. 8. All elections for coroners and rangers shall take place on Elections for
the second day of the term as formerly; on which day, it shall be the the 2nd
duty of all the acting justices of the peace of the county, to attend day of term,
for that purpose.
Sec. 9. It shall be the duty of the justices of the several county Minutes to be
courts of this state, to pursue the same rules relative to the reading, read & signed*
signing and correcting the minutes of their several courts, which
have heretofore been appointed by law for the regulation of that
matter, in the circuit courts.
181 7.—Chapter 137.
Section 1. (To appoint Academy Trustees. See Academy.)
Sec. 2. The several county courts shall have like authority in To appoint
relation to the commissioners for the town in their respective coun- town commis-
ties, that is given to them by the first section of this act, for appoint- S10ner8,
ing trustees to the academies, and such appointments shall, to all in-
tents and purposes, be as good and valid as if made by this General
Assembly.
18 21.—Chapter 58.
Section 2. In all cases, it shall require at least three to constitute Three to tran-
a court for the transaction of business. sect business.
Sec. 3. When a sufficient number of justices shall not attend on if no justice
any day for the despatch of business, the justice or. justices so attend- dad"
ing, shall adjourn from day to day until a sufficient number attend; to day. r°m &
(a) The record must show, that the requisite number of justices of the peace constituted the court in the
transaction of county business. Mart, and Yerg. 36.
198
COUNTY COURT.
and if no justice shall attend, either at the beginning of the term, or
any day after the term shall have commenced, it shall be lawful fur
the sheriff, or in his absence, tine clerk, to adjourn in the same man-
ner as is above prescribed.
1 8 2 7.—Chapter 49.
Section 14. The county courts shall, and are hereby authorized
For what pur- to appropriate moneys for the payment of jurors, the costs of criminal
court can^ppro- prosecutions which may be by law chargeable to the county, for the
priate money. support of the poor, lunatics, idiots, record books for the use of the
county courts, circuit courts and register's office; to solicitors, she-
riffs and clerks, for ex officio services, and for making out the tax
lists, to commissioners for settling with the officers entrusted with the
care of public moneys, to build stocks, repairing and taking care of
courthouses and jails, and other public buildings; for tools for over-
seers of roads, to erect stray pens; for weights and measures, and
for building bridges; and it shall not be lawful for said courts to ap-
propriate moneys for any other purposes, unless specially provided
for by law.
Sec. 15. In all cases where the county courts shall make any ap-
A majority propriation, not exceeding $50, one-third, or twelve, of the members
necessary to shall be present, whose names shall be incorporated in the order, and
make appropria- when any claim shall be presented for the cost in any state prosecu-
tlons• tion, such claim shall be referred to the attorney-general, who shall
examine it and report thereon, that the same is legal and just, before
the said courts shall be authorized to make an appropriation to pay
such claim; and in all appropriations hereafter to be made by any of
said county courts, the vote shall be taken on the same by ayes and
noes, the clerk calling and recording the name of each justice, toge-
ther with his vote, either by aye or no, as it is given, which shall
be entered upon the minutes; and it shall not be lawful for the
county trustee to pay any claim, unless the same shall first be or-
dered by the court as herein directed, which order shall embrace the
items for services for which the allowance was made.
1"8 2 9.—Chapter 99.
To lay tax for Section 1. Any county court, (a majority of the acting justices
jails and court- being present,) shall have full power to lay any tax, from time to
houses. time, that they may think proper, to build any court house or jail, or
to repair the same.
183 5.—-Chapter 6.
county court Section 1. There shall be established a court in each and every
to sit the first county in this state, to be held by the justices of the peace thereof,
Monday of ev'ry jn t]je court houses of the respective counties, on the first Monday in
.Se^unufbush every month, for the transaction of such public business as is herein
nets is done. prescribed, to be called the county court; and said court shall have
power to continue its session from day to day until the public busi-
ness before them shall be -disposed of.
county court.
199
Sec. 2. It shall be the duly of the justices of the peace to attend Qne th,rd or
at the court houses of the respective counties on the first Monday in twelve jusiices
every month; and one third, or twelve of the acting justices in each may do ail imsi
county, shall be a competent quorum to do and transact all kinds of
public or county business prescribed by this act, except to assess a appropriating
tax, or to appropriate public money, which shall require a majority moI1Qynethir(lor
of all the magistrates of the county to vote in the affirmative: Pro- twe]venenotr< to
tided, That twelve justices, or one third, shall have power to make exceed $50 in
appropriations for county purposes, not exceeding fifty dollars: Pro- ^^ree^o'take
tided, that three of said justices, at their sessions, shall have power proi,atX&£.
to take probate of wills, all instruments of writing, which by the
existing laws, are required to be proved and registered, grant letters
of administration, appoint guardians, appoint overseers of roads, and
do all other county business, which by the laws heretofore in force,
three w ere a sufficient number to transact.
Sec. 3. Said court shall have and entertain jurisdiction of all mat- jurisdiction
ters of which they have jurisdiction by the laws now in force, except same as hereto-
that they shall not have jurisdiction of any pleas, real, personal, or 1°^®^ a"
mixed, nor of any cause, civil or criminal, wherein, by the corstitu-
tion and existing laws of this state, the paities are now entitled to a
trial by jury, nor shall said court have power to empannel a jury in
any case whatever: Provided, that nothing herein contained, shall
be so construed as to prevent the sheriffs from summoning a jury of
view, and a jury under an order of court, to assess damages sustained
by laying off a public road or roads over the lands of individuals, as
heretofore prescribed by law, and for the purpose of determining in-
quisitions of lunacy and idiocy.
Sec. 4, It shall be the duty of the justices of the peace of said To e'eet chair-
court, a majority of the justices of said court being present, at their at first
first term in every year to elect a chaii-man, who shall hold his office
for one year, and until his successor is appointed, whose duty it shall
be to preside over the deliberations of said court, and perform such
other duties as now are or may be assigned him by law.
Sec. 5. All pleas or suits, civil or criminal, on the civil, equity, tranafar"adt0 J®
State, or reference dockets, pending in any of the county courts of circuit court*
pleas and quarter sessions in this state, involving issues of law, or
issues of fact, shall be, and the same are hereby transferred to the
circuit courts of each county respectively; and it is hereby made the
duty of the several clerks of the county courts of pleas and quarter
sessions in this state, on or before the first Monday in May next, to
file the original papers in all the aforesaid causes, together with a
certified transcript of any judicial orders of record in their respective
courts respecting any of said causes, with the clerks of their respec-
tive circjjit courts, there to be finally disposed of as other causes pend-
ing in said circuit courts.
Sec. 7. When it shall so happen that the sessions of the county In confl5cta
and circuit courts, or any other courts, to be hereafter established in with otiwr c'rts
this state, shall conflict in the time of their respective sessions, then, Q°,1sfhoi"sesom<9
and in that event, the count}' courts are hereby empowered to hold ot ier °use*
the session of said court in some convenient and suitable house
within the corporate limits of the county town, other than the court
house of said county.
Sec. 8. (To appoint jurors for circuit court. See Jury.)
200
COUNTY COURT.
Clerks may Sec. 9. The clerks of the county courts in each county in this
issue jifa. ea. sa. state, shall have the same power to issue writs of fieri facia*, capias
ju!i? men ts "h e re - satisfaciendum, and scire facias, which they have heretofore pos-
tofore rendered, sessed, for the purpose of procuring satisfaction of the wh >le, or a
balance of any judgment heretofore rendered in said county courts,
and remaining unsatisfied.
Sec. 10. All writs of fieri facias, capias ad satisfaciendum, and
Writs of fi, fa. scire facias, issued by the clerks of the county courls on judgments
ea. sa. and sci. heretofore rendered by said courts, shall be returnable to said courts
ed'inVilreetUm at expirati°n °f three months from the test. Any sheriff, eoro-
months!'66 ner, or other officer, to whose hands such writs shall come, shall be
subject to the laws heretofore in force in this state, for failing to make
return of the same, or for failing to pay over the money when col-
lected on the same; and all proceedings against such officer for failing
to make return of such writ, or for failing to pay over the money
when collected on such writ, shall be had in the circuit court of the
county in which said writ was issued; and said circuit court shall
have authority to render judgment, on motion against such delin-
quent officer, in the same manner, and under the same rules that the
county courts are now authorized to render such judgments.
Sec. 11. All writs of capias ad satisfaciendum issued by the clerks
Ca sa bonds county courts) under the provisions of the tenth section of this
made returnable ach shall be returnable in the same manner as writs of fieri facias
to circuit courts, which have been issued by the clerks of said county courts: Provi-
ded, That in all cases where the defendant in any writ of capias ad
satisfaciendum, shall give bond and security for his appearance at
court, according to the provisions of the laws now in force for the
benefit of insolvent debtors, such bond shall be given for his appear-
ance at the next circuit court of the county in which said writ may
have been issued, and the bond, together with the writ, shall then be
returned to said circuit court to be proceeded on according to law.
Sec. 12. In all cases in which it may become necessary to issue a
writ or writs of scire facias according to the existing laws, to enforce
the collection of any judgment which may have heretofore been ren-
in sci. fa. dered in any of the county courts of this state, a transcript of the
BentSCtoPtcircuit rec01'd shall be certified to the circuit court, and the clerk of that
court eierk. court shall have full power and authority to issue such writ or writs,
and the same proceedings shall be then had thereon in said court, as
if the judgment had been originally rendered there.
Sec. 13. When any person shall be summoned as a garnishee on
Garnishee to an executi°n issued by the clerk of any of the county courts esta-
appear'atdrcuit biished by this act, on a judgment or judgments rendered under the
court. organization of the county courts before the passage of this act, the
person so summoned shall be required to appear at the next term of
the circuit court of the county to answer upon the garnishment, and
the officer summoning such garnishee shall return the execution and
summons to the term of the circuit court at which the garnishee is
required to appear, and the said court shall proceed to examine said
garnishee and render judgment accordingly.
Sec. 14. The county courts established by this act are here-
To levy county by authorized, at the second term in every year, to lev y and
tax at 2d term. cause to be collected, a tax for county purposes, as contemplated by
the twenty-ninth section of the second article of the constitution,
upon such principles as may be established with regard to state tax-
county court.
201
ation: Provided, that if said court should fail to levy a tax at the sos-
sion above designated, they shall do so at their next session.
183 5.—Chapter 9.
Section 1. It shall be the duty of the clerks of the several county Minute books
courts of the several counties of this state, at the first or any subse- may mb«e tran-
quent term of said court, (after the election of justices of the peace cribed.
by the people) to lay before the court of their respective counties,
all the minutes and records of said courts, that have not been kept in
a well bound book, and if said court, upon examination of said min-
utes and records, find that they are in a condition not likely to be
kept safe, (two-thirds of the acting justices being present) immediate-
lyproceed to appoint some qualified person for the purpose of trans-
scribing the same, in a fair, legible hand writing, into a well bound
book, who shall, previous to his commencing said transcript, take the
following oath before some justice of the peace in the county; "I,
A. B., do swear that I will well and truly transcribe all the minutes,
and records that shall be delivered to me for that purpose by the
Court of the County of without any alteration or devia-
tion from the original records, to the best of my skill and ability. So
help me God.n
Sec. 2. Where said subscriber shall have finished transcribing said
minutes and records, and the same shall have been approved of by t0 transcrib»,0n
the court of the county, said court shall, a majority of the acting jus-
tices of the court being present, make to said transcriber a reasona-
able compensation for the same, to be paid out of the county funds.
Sec. 3. That such transcribed records or certified copies of the
same, shall, in all cases, be admitted as evidence under the same recordsTdmiited
rules, regulations, and restrictions, and shall have such faith and as evidence,
credit given to them as the originals, or properly authenticated
copies thereof are by law entitled to.
18 3 5.—Chapter 18.
Supplemental to "An act to reorganise the County Courts in this State,'passed December 3,
1835, ch. 6.
Section I. It shall be the duty of the justices of the peace in the
several counties in this state, a majority of the justices of said county be t0
being present at their May term 1836, to elect a chairman, who shall
hold his office until the first Monday in January next, and until his
successor is appointed, whose duty it shall be to preside over the de-
liberations of said court, and perform such other duties as now are
or may be assigned him by law.
Sec. 4. So much of the ninth and tenth sections of said act as Of9th and loth
authorizes the clerks of the county courts to issue writs of scire facias sec- of former
shall not be construed so as to authorize said clerks to issue said act8,
writs of scire facias after the first Monday in March next, and all
writs of fieri facias and capias ad satisfaciendum, which may be
issued by any clerk of the county court after the first Monday in
May next, shall bear test from the first day of the county court pre-
ceding the issuance, and shall be returnable at the third court after
the test of said writ.
27
202
count! court#
ca sa; $ fi. faj Sec. 5. 'When any writ of capias ad satisfaciendum, or writ of
fieri facias shall be issued by the clerk of the county court, and shall
be returned to the circuit court under the provisions of the eleventh
and thirteenth sections of said act, it shall be the duty of said circuit
court to order the proceedings had thereon in said circuit court, to be
certified to the county court from which said writ may have issued,
and the clerk of the county court shall proceed thereon, as if said
proceedings were had in the county court from which said writ may
have issued.
County tax for ®E0, severa^ county courts in this state, a majority of all
1836. the justices in the county voting in the affiimative, shall at their May
or June term next, levy and cause to be collected, a tax for county
purposes for the present year, in manner as contemplated by said act,
to which this is a supplement.
When act ahaii ®EC* said act shall take effect on the first Monday in May
take effect. next.
Ofjurisdiction ®EC* ®' From and after the first Monday in March next, the
of county court, county court now established shall not have and entertain juris-
diction of any plea, real, personal, or mixed, nor of any cause, civil
or criminal, wherein by the constitution and existing laws of this
state, the parties are now entitled to a trial by jury; nor shall said
court have power to empannel a jury in any case, except cases spe-
cified in the fifth section of the act to which this is a supplement; but
said court shall have such other jurisdiction as they now possess by
law, until the first Monday in May next.
Sec. 9. The clerks of the several county courts in this state, shall
perform the duties enjoined on them by the fifth section of the act to
which this is a supplement, on or before the first Monday in March
next, instead of the first Monday in May, as mentioned in said act.
Writs, &c. Sec. 10. All original writs, subpoenas, or other leading process,
issued or to be issued, before the first Monday of March next, by i ny
of the clerks of said courts, according to the existing law, and not
returnable before that time, shall be held and deemed returnable
to the next'circuit court of the county thereafter, there to be proceeded
in as other cases in said court, and all bonds and recognizances of
every description which may be returnable to the county court, taken
by sheriffs, constables, justices of the peace or other officer, or which
may be taken before the said Monday in March next, and not return-
ed or returnable before that time, shall be held and deemed re-
turnable to the first circuit court thereafter held in the county, and all
bonds and recognizances taken in any of the county courts, or which
may be taken before the first Monday in March next, for the appear-
ance of any person or persons, shall in like manner he held end
deemed returnable to the next circuit court of the county thereafter.
Sec. 11. No suit shall abate or be discontinued by reason of any
Suit*shall not thing in this act, but the said circuit courts are hereby vested with
abate. full power and authority to hear and determine said causes as the
county court might or could have done, and all bonds and recogniz-
ances mentioned in this act, shall be as binding as if the same had
been returned or remained in said county court, and the same shall be
proceeded on in said circuit court in like manner.
Construction Sec. 12. The seventh section of an act to which this is a supplement,
of 7th section of shall not be so construed as to make it the duty of the justices of the
formsr act. county court to give up the room of the court house in which they
COUNTf COURT.
80S
usually hold their sessions to any other court on the first day thereof,
but whenever such conflict occurs between the county and circuit
courts, the latter shall sit on the first Monday in some other room in
the court house or in the limits of the town, to be selected and pre-
pared by the- sheriffs, unless the county court shall give up the
court room by consent, and in all such cases the circuit judge or the
chairman of the county court, shall so arrange their sittings and
business as to produce the least inconvenience and the greatest
accommodation to the people; but if the county court should conti-
nue more than one day, it shall hold its session on every subsequent
day in some other place, unless it should be otherwise agreed upon
by the two courts. In case of such conflict, the circuit court shall
try no jury cause on the said first Monday except by consent of par-
ties; and in case of such conflict between the county and chancery
or circuit and chancery court, thg chancery court shall be held in
some other room during the session of either of the other courts
with which it may conflict.
Sec. 13. The proceedings of any of the courts of this state, which,
whether in cases of conflict or for other causes, may be, under the good [f "eid"fn
order of said court, held in any other place within the limits of the other house than
town than the courthouse, shall be as good and valid as if such court the court house,
were held in the court house.
Sec. 15. Any judge of the circuit or chancery court, or any of the . 9fqua,ifying
present justices of the peace, shall be, and are hereby authorized to JUS lces*
qualify the justices of the peace, clerks and other officers elected
under the amended constitution.
183 5.—Chapter 29.
Section 1. The several county courts which are now or hereafter
may be established in this state, shall have full power and authority Authority riven
upon proper application being made, (as hereinafter pointed out,} to tocou.rtlto ?rf,nt
,r,i r . f,r c .. 6 , i, . r V . certain privile-
grant the privilege ot erecting toll bridges and causeways across bot- geg.
toms,fish traps, or direct the removal ofall such fish traps andfish dams,
as in the opinion of the court, forms an obstruction to the navigation,
mill dams, and establishing public ferries and public roads, and mak-
ing such other private and local improvements, within the limits of
their respective counties, as are contemplated by the 7th and 8th sec-
tions of the 11th article of the constitution, and to fix the term to
which said benefit or privilege shall extend, to fix the toll and rate of
charge which shall be allowed in such cases, and to impose such
restrictions, limitations, and conditions, as in their discretion shall
seem right and proper: Provided, that nothing in this act contained,
shill authorize said county courts to impose a greater tax or toll on
the citizens of another county or state, than on the citizens of the
county or counties, in which said improvement or improvements may
be made.
Sec. 2. The county courts aforesaid, a majority of all the justices
of the county voting in the affirmative, shall be and are hereby County court
authorized and empowered to lay a tax on all polls and taxable pro- may° Jay a tax
perty within their respective counties, subject to state taxa- for local im-
tLn, which tax shall be laid at the first court in each and ProveraentB*
every year, upon such principles as are established in regard
to state taxation, for the building or erection of all such public
204
countr court.
bridges and causeways on public roads, as they in their discretion
shall order and direct, and that said moneys when collected shall le,
by the collecting officer of the county, paid over to the county trus-
tee, and be by him held and kept subject to the order of said county
court, which said order, together with the receipt of the person or
persons authorized to receive the same, in the hands of the said trus-
tee, shall be a sufficient voucher for him in his settlement with the
county, for the sum or sums of money therein directed to be
paid: Provided, that said county court shall not lay a greater
amount of tax for the aforesaid purpose in any one year, than the
amount of the state tax.
Sec. 12. It shall and may be lawful, and it is hereby made the
duty cf the county courts in this state, and in all cases of a vacancy
tnciea*10 611 a commissioner CI' commissioners of any turnpike road, toll bridge
or of any town in this state, to fill such vacancy; and the person or
persons so appointed, shall give the same bond where such are
required, take the same oaths, have the same powers, and be entitled
to the same emoluments that his or their predecessor or predecessors
were required to give, take, exercise, or were entitled to.
CIRCUIT COURT.
constitution. art. vi. secs. 1, 3, 4, 6, 7, 8, 9, 10, ll.
1794.—Chapter. 1.
No disconti- Section 8. None of ihe circuit courts, nor any of the proceedings
.uance^ herein depending, shall be discontinued by reason of the death of
ju ge, c. any of the'judges, or by their not attending at any term,* but in such
cases, all pleas, causes, matters and things therein depending, shall
stand continued, and remain in the same condition in which they shall
then be, to the next succeeding term.
Sec. 13, 18, 26. (Regulate practice in circuit courts. See Prac-
tice.)
17 9 6.—Chapter 1.
Section 2. (Three years residence to make judge eligible. See
Supreme Court.)
Sec. 3. If any of the judges of the superior courts shall presume
$2000 penalty to act in his office, before he shall have taken the oaths directed by
out oath"8 WUh f01'^ an<i pay two thousand dollars, to be recovered by
action of debt, one half to the use of the state, and the other half to
the person or persons who shall sue for the same.
CIRCUIT COURT.
20$
180 9.—Chapter 49.
Section 3. The non-attendance of any circuit judge shall not pre- Pleadings may
vent the parties from making1 up their pleadings in the appearance be made up'&c*
causes.
Sec. 7. Each of the circuit judges, before he proceeds to discharge oat£ se 0 a e
the duties of his office, shall in the presence of some justice or judge,
take the following oath or affirmation: viz.
"1, A. B., do solemnly swear (or affirm) that I will support the Formofoath
constitution of the United States, and the constitution of the State
of Tennessee, and that I will administer justice without respect to
persons, doing equal right to the poor and to the rich, and that I will
faithfully and impartially discharge and perform all the duties incum-
bent on me as a circuit judge, according to the best of my skill and
ability. So help me GodP
And if either of the said judges shall enter on the discharge of the PenaIt
duties of his office, without taking the said oath, or affirmation, he actjng Without
shall b*e subject to the same penalties to which the judges of the oath,
superior courts are now subject for the like offence.
Sec. 20. The minutes of the respective courts within this state, M5nutes t0 be
for each preceding day of every session, shall be read in open court read ev'ry mom-
on the morifing of the succeeding day, except in the last day of the ins-
term, when the minutes shall be read at the rise of the court, and
shall be signed by the judge or judges presiding in said courts.
I 81 7.—Chapter 131.
Section 2. Whenever any circuit judge shall fail to attend before
four o'clock of the fourth day of the term, it shall be the duty of the
clerk of said court, to adjourn the same until the next term thereof,
and said clerk shall, and he is hereby authorized to enter forfeitures
of all recognizances, as entered into, for the appearance of any per-
son who on being called by the sheriff shall fail to appear, pursuant
to such recognizances, and to take new recognizances, from such
persons as do appear, pursuant to any recognizance formerly entered
into by them, and if any person bound in recognizance to appear at
such term, shall appear accordingly, and shall fail or refuse to enter
into recognisance with security, when security had been previously
given, for his, her, or their appearance at the next term, such per-
son or persons shall be deemed to have surrendered him, her or
themselves to the sheriff, and shall be by him held in custody, until
he, she or they shall enter into such recognizance as is by law
required in cases of surrender by bail in similar cases; the same
proceedings shall be had in all cases of forfeitures entered by the
clerk, in pursuance of this act, as if the same had been entered by
order of the court.
181 7.—Chapter 175.
Section 7. It shall be lawful for any circuit judge to take the Judge may
oaths of office before any justice of the peace in any county in this aabefore
Clerk may ad-
journ co'rt when
judge fails to
attend.
Enter forfeit-
ures and take
recognizances.
206
CIRCUIT COURT.
182 2.—Chapter 10.
Jurisdiction of Section 1. The Judges of the circuit courts shall have full power
judges of circuit and authority to exercise the same jurisdiction in an) circuit or cir-
court. cuits in the state for which they may respectively interchange as
they could exercise in their own. proper circuit, and they shall with
their authority and jurisdiction be judicially noticed by the judges of
the supreme court, notwithstanding the records of the circuit do not
shew the causes of the interchange, or that it was done in conformity
with the acts of the legislature in relation to the interchange of rid-
ings.
18 2 6.—Chapter 2.
Section 2. Whenever any of the judges of the respective circuits
of this state, for personal convenience, or on account of causes in
chsui^r in'nfut" they are incompetent, shall interchange with each other, such
ure. ° interchange may take place either for one county or term, or part
thereof, or only for the trial of such special case or cases of incompe-
tency, and all the orders, judgments and decrees of said judges so
partially interchanging, shall be as good and binding as if said inter-
change was general.
18 2 7 .-—Chapter 79.
Section 4. When it shall happen, that the business upon the dockets
Provisions for °f any °f the circuit courts cannot be done at the regular term thereof,
special circuit the judge of such circuit court may, and he is hereby empowered to
courts, &c. appoint a special term thereof, at which he shall have power to try
all causes either at law or in equity, as well civil as criminal upon
the docket, under the same rules and regulations, and with the same
powers as if such special term were a regular term, (a)
Sec. 5. When any circuit judge shall under the provisions of this
Officers of act' Relieve a special term necessary in any county tvithin his judi-
court to attend cial circuit, he shall make an order at the regular term of the circuit
special term. court in such county next preceding the time of holding such special
term, appointing the time of holding such special term, at which
time, it shall be the duty of the sheriff, clerk, and all other officers
of said court to attend in the same manner as they would be re-
quired to attend at a regular term.
Sec. 6. At the time of making such order for a special term, it
Justices to shall be the duty of the judge of the circuit court, making the same,
jurors.°Ut hSt °f *° make an additional order, appointing three of the justices of the
county in which such special term is to be holden, wrhose duty it
shall be within ten days after making such order (a copy of which
shall be issued and furnished to them by the clerk of such court) to
make out and furnish to the sheriff of such county a list of twenty-
six persons, good and lawful men of such county, who shall be sum-
moned by the sheriff to attend at such special term, as jurors in the
(a) This act vests the circuit court with power to appoint special terms to do any and every species of
business on the docket, and to designate the business to be done at the special term. 5 Yerg. 398.
CIRCUIT COURT,
207
same manner, and under the same rules and regulations as jurors,
are compelled to attend at a regular term of the circuit court.
18 3 1.—Chapter 47.
Section 3. If any circuit judge in this state, shall fail, refuse or where judges
neglect to attend on the first, second or third day of the term of any fail to hold their
circuit courts in his district, or shall fail, refuse or neglect, to hold his court8*
court after attending on the first days of the term of his court, in
either of which cases, a deduction of ten dollars per day, shall be
taken from his salary; and if any judge shall wholly fail to attend
at any term or terms of his court, and hold the same, at the times
and1 places prescribed by law, for each and every such failure, a
deduction of one hundred dollars shall be taken from his salary.
Sec. 4. Hereafter it shall not be lawful for either of the Treasu- Judgeg t0 cer.
rers of this state, to pay any of the circuit judges of this state, the tify to treasu-
whole or any part of their salary, unless such judge or judges shall rers; before ob-
first certify that he has attended at the times and places required by tauungsalary'
law, and held his courts, or shall certify the number of days or terms
which he has failed or refused to hold his courts, in which case a
deduction shall be made as provided for in the third section of this
act.
1829, Ch. 77. (May order grand jury at special term. See Jury.)
182 9 .—Chapter 103.
Section 5. Any acting judge of the supreme or circuit court, Any judge may
shall have power to administer all the oaths required by law, to be administer oaths
taken by the circuit judges, to any persons who ma} be appointed
judges of any of the circuits in this state, and the same shall be as
effectual as if taken before a justice of some county within their cir-
cuit.
18 35.—Chapter 5.
Section 1. A circuit court shall be established and held three Court esta-
times in every year in and for each of the counties of this state, at W1»h«d*
the respective court houses thereof, except where the laws now in
force in this state otherwise direct, at the time and in the manner
directed by law, and hereinafter provided for.
^ Sec. 2. The said circuit courts shall compose eleven judicial dis- circuiti.
The first whereof shall be composed of the counties of Greene,
Washington, Carter, Johnson, Sullivan, Hawkins, Grainger, and
Claiborne;
_ Tlie second, of the counties of Cocke, Jefferson, Sevier, Blount,
Knox, Cxmxbell, Anderson and Morgan;
°f the counties of Roane, Rhea, Meigs, Bledsoe, Marion,
Hamilton, M'Mmn and Monroe;
208
circuit court.
The fourth, of the counties of »S'mith, Overton, White, Jackson,
Fentress and Warren;
The fifth, of the counties of Wilson, Rutherford, Bedford, Coffee
and Franklin;
The sixth, of the counties of Williamson, Davidson, anl Sumner;
The seventh, of the counties of Dickson, Hickman, Humphreys,
Stewart, Montgomery, and Robertson;
The eighth, of the counties of Lincoln, Giles, Maury and Lawrence;
The ninth, of the counties of Henry, Weakley, Obion, D)er, Gib-
son, Carroll and Benton;
The tenth, of the counties of Perry, Henderson, Madison, liny-
wood, Tipton and Lauderdale;
The eleventh, of the counties of Shelby, Faj ettc, Hardeman,
M'Nairy, Hardin and Wayne.
And for each judicial district there shall be appointed one circuit
of • a judge, who shall reside within said circuit and hold the courts therein;
J 6 3' and in case of the removal of any such judge out of the circuit for
which he is elected, his office shall be vacated thereby; but the cir-
cuit judges thereof shall be judges of the state, and may interchange
with each other one or more courts in their respective circuits, when
causes may exist from disability created by the constitution to make
such interchange necessary, or to promote their own convenience;
and in the absence of the judge of the circuit, his death or inability to
attend and hold any circuit court within his circuit, any circuit judge
of the state shall be authorized to hold said court, and the circnit
judge that may hold the court, shall have the same power and juris-
diction that the judge of the circuit might have had.
Time of court Sec. 3. The circuit courts of the first circuit shall be held as fol-
in 1st circuit. lows in each and every year: for the county of Greene, on the first
Monday of March, July and November; for the county of Washing-
ton, on the second Monday in March, July and November; for Iho
county of Carter, on the third Monday of March, July and Novem-
ber; for the county of Johnson, on the fourth Monday of March,
July and November; for the county of Sullivan on the first Monday'
of April, August and December; for the county of Hawkins, on the
second Monday of April, August and December; for the county of
Grainger, on the third Monday of April, August and December; for
the county of Claiborne, on the fourth Monday of April, August and
December.
Second circuit. The circuit courts for the second circuit shall be held in each and
every year as follows: for the county of Cocke on the second Mon-
day of January, May and September; for the county of Jefferson, on
the third Monday of January, May and September; for the county of
Sevier, on the fourth Monday of January, May and September; for
the county of Blount, on the first Monday after the fourth M< inday in
January, May and September; for the county of Knox, on the
second Monday of February, June and October; for the county of
Campbell, on the fourth Monday of February, June and October; for
the county of Anderson, on the second Monday of March, July and
November; for the county of Morgan, on the third Monday of March,
July and November.
The circuit courts for the third circuit shall be held in each and
Third circuit. every year as follows: for the county of Roane, on the fourth Men-
day of February, June and October; for the county of Rhea, on the
•IRCUIT COURT.
209
Fourth circuit.
first Monday of March, July and November; for the county of Bledsoe,
on the second Monday of March, July and November; for the county of
Marion, on the third Monday of March, July and Nov.; for the county
of Hamilton, on the fourth Monday of March, July and November;
for the county of M'Minn, on the first Monday after the fourth Mon-
day of March, July and November; for the county of Meigs, on the
third Monday of April, August and December; for the county of
Monroe, on the fourth Monday of April, August and December.
The circuit courts for the fourth circuit shall be held as follows:
for the county of Warren, on the third Monday of January, May and
September; for the county of White, on the first Monday of Febru-
ary, June and October; for the county of Fentress, on the third
Monday of February, June and October; for the county of Jackson,
on the third Monday of March, July and November; for the county
of Smith, on the third Monday of April, August and December; for
the county of Overton, on the fourth Monday of February, June and
October.
The circuit courts for the fifth circuit shall be held as follows; for Fifth circuit,
the county of Bedford, on the first Monday of April',* August and De-
cember; for the county of Wilson, on the first Monday of March,
July and November; for the county of Rutherford, on the second
Monday of April next, and ever afterwards on the third Monday of
February, June and October; for the county of Franklin, on the
fourth Monday of April next, and ever after on the fourth Monday of
March, July and November; for the county of Coffee, on the fourth
Monday of January, May and September.
The circuit courts for the sixth circuit shall be held as follows: for gjxth circuit
the county of Williamson, on the second Monday of March, July and
November; for the county of Davidson, on the 2d Monday of May,
September, and January; for the county of Sumner, on the third
Monday of-February, June and October.
The circuit courts for the seventh circuit shall be held as follows:
for the county of Robertson, on the first Monday of January, May Seventh circuit,
and September; for the county of Montgomery, on the second Mon-
day of January, May and September; for the county of Dickson, on
the second Monday of February, June and October; for the county
of Hickman, on the third Monday of February, June and October;
for the county of Humphreys, on the fourth Monday of February,
June and October: for the county of Stewart, on the second Monday
of March, July and November. *
The circuit courts for the eighth circuit shall be held as follows: Eishth circuit,
for the county of Maury, on the first Monday of January and May,
and the fourth Monday of August; for the county of Lincoln, oh the
third Monday of March next, and ever after on the first Monday of
February, June and October; for the county of Giles, on the third
Monday of February, and the fourth Monday of June and October;
for the county of Lawrence on the second Monday of March, July
and November.
The circuit court for the ninth circuit shall be held as follows:
for the county ot Henry, on the fourth Monday of January, May and Ninth circuitg
September; for the county of Weakley, on the second Monday of
February, June and October; for the-county of Obion, on the third
Monday ot February,. June and October; for the county of Dyer, on
the fourth Monday of February, June and October; for the county of
28
210
circuit court.
Gibson, on the first Monday of March, July and November; for the
county of Carroll, on the second Monday of March, July and Noveni-
ber; for the county of Benton, on the second Monday of April, August
and December.
The circuit courts for the tenth circuit shall be held as follows: for
Tenth circuit, the county of Perry, on the first Monday of April, August and Decern-
ber; for the county of Lauderdale, on the third Monday of February,
June and October; for the county of Tipton, on the second Monday
of February, June and October; for the county of Henderson, on the
fourth Monday of March, July and November; for the county of
Madison, on the second Monday of April, August, and December;
for the county of Hay wood, on the fourth Monday of February, June
and October.
The circuit courts for the eleventh circuit shall be held as follows:
Eleventh Circuit for the county of Shelby, on the first Monday of January, May and
September; for the county of Fayette, on the third Monday of Janu-
ary, May and September; for the county of Hardeman, on the first
Monday of February, June and October; for the county of M'Nairy,
on the third Monday of February, June and October; for the county
of Hardin, on the fourth Monday of February, June and October; for
the couuty of Wayne, on the first Monday of March? July, and Nov-
ember.
Sec. 4. Each of the said courts shall sit until the business thereof
shall be despatched, unless the judge holding the same shall sooner
Length of (term: be compelled to leave the court, in order to arrive in time at the next
succeeding court of the circuit; and in no case after the trial of a
cause is commenced, shall the judge adjourn the court till the court
in course, until the cause is tried, except in cases where the jury can-
not agree, or from some other causes a mistrial may be ordered.
Sec. 5. If a judge shall fail to attend to hold a court on the day
Judgef b"°nCe °f designated as aforesaid, it shall be the duty of the clerk to open and
adjourn the court, as heretofore, for the three first days of the term,
and if no judge shall attend by four o'clock on the fourth day of such
term, the court shall be adjourned by the clerk until the court in
course; and all recognizances, process and other proceedings, re-
turned or returnable to said term, and not acted upon by the court or
clerk, by having the parties called out and forfeitures entered agree-
ably to the laws now in force, shall be considered as being returnable
to the next succeeding court, and if from any cause the court shall
not sit on any day in a term after it shall have been opened, there
shsll be no discontinuance, but so soon as the cause is removed, the
court shall proceed to business until the end of the term.
Sec. 6 The circuit judges appointed in pursuance of this act,
f jU(jgeg to be shall before entering on their respective duties, each take an oath to
qnaiified. support the constitution of the United States and the constitution of
the state of Tennessee, and other oaths now7 required to be taken by
the judges of the former circuit courts.
Sec. 7. The circuit courts hereby established shall be courts ofgene-
Jurisdiction, ral jurisdiction, and the judges thereof shall have general jurisdiction
in their respective counties, in all suits of law, and to administer
right and justice according to law in all cases w here the jurisdiction
is not conferred upon another tribunal. They shall also have exclu-
sive jurisdiction of all causes, triable by jury, both criminal and civil, of
which the county courts had jurisdiction, in the same manner as the
circuit court*
211
county courts had such jurisdiction previous to the passage of this
act. The said circuit courts shall not have original jurisdiction in
any action of debt upon a note under one hundred dollars.
Sec. 8. All caveats shall be filed in the circuit courts in the same
manner as they were formerly filed in the county courts, and the cir- Caveat-
suit courts shall have such jurisdiction over them as the county courts
formerly had.
Sec. 9- In case any will shall be offered for probate, and the same
shall be contested, it shall be the duty of the county court to certify Contested wills,
the fact and send up the original will to the circuit court of the same
county, and an issue shall be made up in the circuit court and the
validity of the will tried therein in the same manner as the same is
now done in the county court; and the verdict of the jury and the
judgment of the court upon the validity of said will shall be certified
to the county conrt, and the original will, if established, shall be sent
back to the county court to be recorded, and upon the proceedings so
certified by the county court, they shall proceed to grant letters tes-
tamentary or letters of administration, and to do all other things
necessary to be done to have the will carried into effect or the estate
properly administered as heretofore.
Sec. 10. All judgments by motion now cognizable in the county
courts, shall be cognizable only in the circuit courts, and that where Judgments by
a judgment is obtained in any county court in this state by confes- and con"
sion, execution shall be issued, and the officer shall proceed to
make the collection, and pay over said money agreeable to the laws
now in force.
Sec. 11. Where any bill or proceeding is now pending in chancery
in the circuit court, such court shall on motion of either party, trans- Chancer7 cases,
fer such cause to the chancery court of the district in which the county
is situated, to be proceeded in as other suits in chancery commenced
in said chancery court, and the original papers in the cause, together
with a transcript of the proceedings had in the court, shall be there-
upon filed with the clerk of such chancery court: Provided, that if
any injunction shall have been obtained, it shall be lawful for the cir-
cuit court to dissolve the injunction and render judgment before such
transfer is made, and the clerk of the chancery court, on the papers
and proceedings had in the circuit court being filed in his office as
aforesaid, and upon the condition upon which the dissolution is had,
being complied with, shall issue execution upon the judgment ren-
dered by the circuit court, or the circuit court may order such exe-
cution to be issued, returnable to the chancery court.
Sec. 12. Any cause now pending in chancery in the circuit courts Equity causes
may be removed by certiorari obtained by order of the chancellor in removed by cer-
or out of term time upon petition of either party, into the chancery tioran-
court of the district, and the clerk of the circuit court shall perform
the like duties after the cause is so ordered to be removed by certio-
rari, as he is bound to perform where the cause is removed upon
motion in the circuit court as provided in the preceding section.
Sec. 14. Until the clerks shall be elected and qualified, the pre-
sent clerks of the circuit courts shall continue to discharge the duties Qf preflent
thereof, and should the office become vacant before such election, clerks,
the judge of the circuit shall be authorized to fill the vacancy until a
clerk shall be elected and qualified as required by this act, and th»
constitution of the state.
212
circuit court.
Judges com- Sec. 17. The commissions of the present judges of the chancery
mission. an<j circuit courts shall expire*from and after the first day of March
next, at which time -the judges elected under this act shall enter upon
the discharge of their respective duties, except such duties as are
necessary to be performed by the judges elect before that time, and
which may be performed in vacation.
Present laws Sec. 19. All laws in force relating to the former circuit courts, or
to remain. the powers, jurisdiction and duties thereof, or any officer thereof, not
incompatible with the act and the constitution of the state, shall
remain in force for the regulation and government of the newly esta-
blished circuit courts.
Of judges and Sec. 20. All circuit courts held before the first of March next,
their duties. shall be held by the present judges thereof as formerly; in relation to
all suits or causes pending or determined on the first day of March
next, or any of the business of the former circuit courts, the circuit
courts hereby established, and the officers thereof, shall have the
same power, jurisdiction, and authority, and shall in every respect
be bound to perform the like duties that the former circuit court, or
the officers thereof could perform before the passage of this act; and
all process, recognizances, reports and proceedings of every de-
scription of the former circuit courts not returned or concluded before
the first day of March next, shall be returned to the first circuit court
of the county which shall be held at or after that time, and may be
proceeded in, and the business concluded as the former circuit court
could have done.
183 5.—Chapter 19.
Section 1. All causes in chancery may be removed from the cir
cuit to the chancery courts by motion or by certiorari, in the same
movedefrSm c£ manner as causes now pending in the circuit courts may be removed
cult to chancery by virtue of an act passed at the present session of the Genesal As-
court by certio- sembly, entitled an act to establish circuit courts, and the provisions
ran or motion. 0fgay act? ag to the removal of causes, and more especially the ele-
venth and twelfth sections thereof, shall apply to all suits and proceed-
ings in chancery hereafter brought, as well as to causes now pending,
or which were pending, at the passage of the above recited act.
Sec. 2. The next term of the circuit court of Cocke county, shall
be held on the first Monday of May next, and the second term of
me o court. court for gajd county, shall be held on the second Monday of
September next; and the next term of the circuit court for the
county of Jefferson, shall be. held on the first Monday of April next,
and the second term on the third Monday of September next; and
forever thereafter said courts shall be held at the times specified in
the act to establish circuit courts, passed at the present session of the
General Assembly.
Jurisdiction. Sec. 3. The circuit courts established by the act to which tjiis is a
supplement, shall have and exercise exclusive original jurisdiction of
all pleas of the state for crimes and misdemeanors, either *it common
law or by statute, of whatsoever nature, degree or denomination, and
whether"tounded on presentment or indictment, and they '-hall also
have and exercise an appellate jurisdiction of all suits and actions, of
whatsoever nature or description, which may have been instituted
CIRCUIT COURT.
213
before any inferior jurisdiction in this state, whether the same be
brought before them by appeal, certiorari or in any other manner pre-
scribed by law.
Sec. 4. Said circuit courts shall have original and concurrent juris- jurisdiction,
diction with the chancery courts, of all petitions relative to dower,
and also petitions and suits for divorces. Process to be
Sec. 13. All process issued and returnable to any of the circuit tested of preced-
courts established by the act to which this is a supplement, shall bear insterm;
test of the term of the circuit court preceding their issuance.
1835, Ch. 68,51. (Degree ofrelationship rendering circuit judge in-
competent. See Supreme Court.)
CllANCERY COURT.
1 7 8 7—Chapter 22.
Section 1. If any suit which shall be commenced in any court of Proceedings in
equity, any defendant or defendants against whom any subpoena or wTere the defend
other process shall issue, shall not cause his, her or their appearance dant resides out
to be entered on such process within such time, and in such manner, j^abs^onded0'
as according to the rules of the court the same ought to have been a sc
entered incase such process had been duly served, and an affidavit or
affidavits shall be made to the satisfaction of such court, that such
defendant or defendants resides or reside beyond the limits of the
state, or that upon inquiry at his, her or their usual place of abode,.
he, she or they could not be found, so as to be served with such
process, and that there is just ground to believe that such defendant
or defendants is or are gone without the limits of the state, or other-
wise absconded to avoid being served with the process of such court,
then an<^ in such cases, the court out of which such process issued
may make an order, directing and appointing such defendant or
defendants to appear at a certain day therein to be named j and in
cases where such defendant or defendants resides or reside without
the limits of the state, a copy of such order shall within sixty days
after such order made, be inserted in some Gazette regularly pub-
lished within the state, for such length of time as the court shall
order and direct, and may, when they shall think necessary, direct
such order to be inserted in any Gazette in the United States; and
in cases where such defendant or defendants shall have withdrawn
him, her or themselves beyond the limits of the state, or otherwise
absconded to avoid the service of such process, a copy of such
order shall within sixty days after such order made, be inserted in
some Gazette regularly published within this state, if any there be,
for such length of time as the court shall direct, and shall within
the time aforesaid, be posted up at the door of the court house where
such order shall be made, and also in some public place within the
214
CHANCiLKY COUH1.
county where such defendant or defendants respectively made hiH;
her or their usual abode, within thirty days next before such his,
her or their absenting; and if the defendant or defendants do not
appear within the time limited by such order, or within such further
time as the court shall appoint, then, on proof made of such publica-
tion of such order as aforesaid, the court being satisfied of the truth
thereof, may order the plaintiff's bill to be taken pro confesso, and
make decree thereupon as shall be thought just; and may thereupon
issue process as in other cases to compel the performance of the de-
cree, either by execution as hereinafter provided to satisfy the demands
of the plaintiff or plaintiffs in the said suit, or by causing the possession
of the estate and effects demanded by the bill to be delivered to the
plaintiff or plaintiffs, or otherwise, as the nature of the case shall
require. 1st. Provided, That such plaintiff or plaintiffs shall first
Plaintiff must give sufficient security, in such sum as the court shall thuik proper,
give security, tQ order touching the restitution of such estate or effects
as the eourt shall think proper to make concerning the same, upon
the defendant or defendants appearing and petitioning to have the
said cause re-heard, and paying snch costs to the plaintiff or plain-
tiffs as the court shall order. 2d. Provided, That if any decree
Proviso, where shall be made in pursuance of this act, against any person or per-
a non resident sons residing without the limits of the state at the time such decree
whom^'dewee *s Pr°nounced, and such person or persons shall within two years
is obtained,after. after the making such decree reside within the state or become
wardsj returns, publicly visible therein, then, and in such case, he she or they shall
likewise be served with a copy of such decree within a reasonable
time after his, her or their coming into the state, or their public
appearance shall be known to the plaintiff or plaintiffs; and in case
any defendant or defendants, against whom such decree shall be
made, shall, within two years after the making of such decree,
happen to die before his or her coming into the state, or appearing
openly as aforesaid, or shall within the time last before mentioned
die in custody, before his or her being served with a copy of such
decree, then his or her heir of such defendant shall have any real
estate whereof possession shall have been delivered to the plaintiff
or plaintiffs, if such heir may be found, or if such heir shall be a
feme covert, infant or non compos mentis, the husband, guardian or
committee of guardians of such heir respectively, or if tHe person-
al estate of such defendant shall have been levied upon or possesion
thereof delivered to the plaintiff or plaintiffs, then his or her execu-
tor or administrator, if any such there may be, may and shall be
served with a copy of such decree within a reasonable time after it
shall be known to the plaintiff or plaintiffs that the defendant is dead,
and who is his or her heir, executor or administrator, and where he,
she or they may respectively be served therewith within the
state. 3d. Provided, If any person or persons so served with a
copy of such decree, shall not within twelve months alter such
service, appear and petition to have the said cause rc-hcard, such
decree so made as aforesaid, shall stand absolutely confirmed against
the person or persons so served with a copy thereof, his, her or
chde- their respective heirs, executors and administrators, and all persons
C«e mayte »b" claiming or to claim by, from or under him, her or them, or any of
soiuteiy confirm- them by virtue of any act done or to be done subsequent to the
dVnda'ntnoup- commencement of such suit. 4th. Provided, That if any person
chancery COURT.
215
so served with a copy of such decree, shall within twelve months P'yfog for a re-
after such service, or if any person not being so served, shall within heanng'
.three years next after the making such decree, appear in court and
petition to be heard with respect to the matter of such decree, and
shall pay down, or give security for payment of such costs as the & ^atr^with1
court shall think reasonable in that behalf, the person or persons so fn a limited time!
petitioning, his, her or their respective representatives, or any per-
son claiming under him, her or them respectively, by virtue of any
,act done before the commencement of the suit, may be admitted to
answer the bill exhibited, and issue may be joined, and witnesses on
both sides examined, and such other proceedings, decree and execu-
tion may be had thereon, as there might have been in case the same
party had originally appeared, and the proceedings had then been
newly began, or as if no former decree or proceedings had been in
the same cause. 5th. Provided, That if any person or persons,
against whom such decree shall be made, his, her or their heirs,
executors or administrators, shall not within three years next after
the making of such decree, appear and petition to have the cause
re-heard, and pay down, or give security for payment of such costs When to be
as the court shall think reasonable in that behalf, such decree made absolutely con.
as aforesaid shall stand absolutely confirmed against the person and firmed, &c«
persons against whom such decree shall be made, his, her or their
heirs, executors and administrators, and against all persons claiming
or to claim by, from or under him, her, them, or any of them, by virtue
of any act done or to be done subsequent to the commencement of
such suit; and at the end of such three years, it shall and may be
lawful for the court to make such further order as shall be just and
reasonable according to the circumstance of the case. 6th. Provid-
ed, That this act shall not extend, or be construed to extend to e^st0 jj^ct
warrant or make good any proceedings against any person residing outofthe state,
without the state, unless the ground or cause of action, or the trans- unless the cause
action, on which the bill may be brought, took place within the .actlon arose
limits of the state.
Seo. 2. In all cases where decrees may be made for any sum or
sums of money, it shall and may be lawful for execution to issue
thereon against the defendant's body, or against his goods and chat-
tels, lands and tenements, to satisfy such decree, (and lands and
tenements, goods and chattels, shall be bound by such decree and
execution in the same manner as lands and tenements, goods and
chattels, are by judgments and executions in law,) and costs in the
same manner as execution may or shall issue in the courts of law.
1801.—Chapter 6,
Section 1. The court of equity shall not have jurisdiction of any Jurisdiction,
debt or demand of less value than fifty dollars.
Sec. 2. Where debts shall have been contracted in other states,
and it shall appear to the said court, or a judge thereof, by affidavit
annexed to the bill, or otherwise, that any such debtor has not
sufficient property liable to execution by fieri facias, in the state
where he resides, to satisfy such debt, and the said debtor shall own r Jurisdiction
real or personal*property in this state, then and in that case, such ^en^co'ntracted
court shall have power and authority, upon a bill being exhibited for in other f!states,
216
CHANCERY COURT.
and the debtor that purpose, to make real or personal property as aforesaid liable
here property for such debt: Provided, The complainant shall, in all cases, exhibit
Previous re- sufficient proof of his having previously taken oil legi 1 mcasuies to
quisitions in or- the recovery of his debt, which proof shall consist <1 a complete
court° jurfedic- transcript copy of the judgment and execution obtained against such
tion. debtor, and such copy shall be certified under hand and seal of the
Proviso. clerk of the court in which such judgment was obtained; Provided
also, That such bill or suit shall be instituted or filed in the court of
the district where such real or personal property is situated: And
further "provided, That nothing herein contained shall be construed
Proviso. to invalidate the proceedings on attachments heretofore had at law.
Sec. 3. The said court shall have power to issue attachments at
Power of the law, in order to carry into effect the above provisions, and in suck
court as to car. 0ther equitable cases where the court may deem it right and proper,
rymg into effect p . „ .■\ 6r r r >
the foregoing to render process in equity more efiectual, by superseding sequestra-
provisions, and tion agreeably to the practice of the court of chancery in England,
jn other cases to gEC> ^ jn ajj cases 0f suits jn eqUity upon contracts made in
render proces in , * v ,r i /• •
equity more ef- other states, the court shall direct publication to be made lor six
fcctuai. weeks next immediately after the rise of such court, in some gazette
as to^pubikation printed in the state, requiring the appearance of an absent defend-
where contracts ant; and should the said court deem it necessary, shall direct
inotherstatcs*10 Pu^^ca^on a^so t° be made in some gazette of the state in which
m What shai°Sbe su°h absent defendant resides, agreeably to practice in such cases,
evidence of pub- Evidence of such publication shall be an affidavit of the printer,
this^act under °r actual production of the gazette or gazettes in court; whereupon,
No decree to should no plea, answer or demurrer be filed, the bill shall be taken
be made at the pro confesso, and decreed accordingly; but the said court shall not
MHs^t^enpro Proceed. to make a final decree until the court next succeeding that
confesso. in which the bill shall have been taken pro confesso as aforesaid.
Non residents gEC- 5. Any non-resident defendant may plead, answer or demur,
ewer or'demur at a* any talie before final decree; and such pleading shall be put on
any time before the rule docket at the first rule day after exhibiting the same,
final hearing. Sec. 6. In all suits in the said court, the following rules and
ules' methods shall be observed.
Sec. 7. The complainant shall file his bill as heretofore.
When amend- Sec. 8. And he may amend his bill before the defendant or his
mantStakeheiace a^orney hath taken out a copy thereof, or the clerk hath issued the
upon payment of same; or he may amend in a small matter afterwards without paying
of costs or with- costs: bqt if he amend after such copy hath issued, he shall pay the
°Ut^Attachment defendant all costs occasioned thereby.
the only process Sec. 9. There shall be no other process of contempt than attach-
of contempt. ment, but without proclamation.
Sec. 10. No process of contempt shall issue, unless the subpoena
or writ be returned served by a sworn officer, or affidavit be made
of the service thereof, except in cases herein provided.
Sec. 11. Every defendant may swear to his answer before any judge
Prerequisites or justice ofthe peace in this state, or any such officer in other states;
to ground pro- provjded jn the case of an affidavit before a judge or justice of
cess of contempt. 7 . 11^1 .- 1 • . 1 • . •
Answers may another state, the clerk ot the court in which such judge or justice
be sworn to be- shall have jurisdiction, shall from under his hand and seal of office
justice.yjUdSe°r there be one) certify the official capacity of such judge or justice.
Sec. 12. Rules to plead, answer, demur, or reply, <i other pro-
ceedings when necessary, shall be given from month to month with
chancery court.
217
the clerk in the office, unless otherwise herein provided; and all Rules to plead
orders or rules taken at any one court, shall be inserted on such rules, ^a^{y dte™be
at the first rule day after such term, making the filing of an answer, given monthly
plea or demurrer, an appearance; which rules shall be entered in a with the clerk
book neatly bound, for the information of all parties concerned at his office'
therein; and the effect to be produced by each rule, shall be had and
obtained at the expiration thereof.
Sec. 13. The defendant shall plead, answer or demur, at the first
term to which the process shall be returnable, unless a further time Defendant to
is allowed by the court, which shall expire at some one of the rule demuratthefirst
days herein provided; and the said day of expiration shall be con-term unless time
sidered in the taking of rules, as the day for the appearance of the is allowed,
defendant.
Sec. 14. In all cases, except such as relate to debts contracted in h ublk
other states, where the sheriff shall return non est inventus upon any tion ie^au ^be
leading process, the court shall proceed to make publication as here- made upon re-
tofore, and upon proof thereof as aforesaid, the court shall proceed est
to make a final decree under the regulations herein provided. ™V n
Sec. 15. If the defendant shall fail, on the process being duly return of
served on him or hex-, to plead, answer or demur, at the term to process if the de-
which the process shall be returnable, or to obtain further time to fendant fail to
answer, then and in that case, the bill of. the complainant may be demur orTme be
taken pro confesso. at the first term as aforesaid, and the plaintiff allowed him;—
may have a general commission to take depositions, or proceed by the bm sha11 be
process of contempt, in order to bring the defendant into court to *and "the
answer interrogatories, at his election; and if the defendant shall plaintiff may
refuse to answer such interrogatories, as the court may put, he or f0atake™estimo
she shall be committed: And the plaintiff may proceed on to hearing ny or pr0cess of
in the two last cases as if the answer had been filed, and the cause contempts, etc.
was at issue: Provided, That the court, or a judge thereof, on good
cause shewn, may allow the answer to be filed and grant a further
day for such, hearing.
Sec. 16. After answer filed, and no plea in abatement to the local Answer filed &
jurisdiction of the court, no exception for want of jurisdiction shall no plea to the
ever afterwards be made. ixce^Tonforthe
Sec. 17. If the complainant's attorney shall except against any wanto?jurLdic-
answer as insufficient, he may file his exceptions, and give a rule tion to be allow-
with the clerk to make a better answer within one calendar month, ed thereafter'
and if within that time the defendant shall put in a sufficient answer, -Proceedings
the same shall be received without costs, but if any defendant insists on when an answer
the sufficiency of his answei*, or neglects or refuses to put in a suffi- Insufficiency0 ^
cient answer or shall put in another'insufficient answei*, the plaintiff
may set down his exceptions to be argued the next term in court, and
after the expiration of such rule, or any second insufficient answer
put in, no further or other answer shall be received but upon pay-
ment of costs.
Sec, 18. If upon argument in court, the complainant's exceptions Costa uponar-
shall be overruled, or the defendant's answer adjudged insufficient, gument of ex-
the complainant shall pay to the defendant, or the defendant to the deposed of. h°W
complainant, such costs as shall be allowed by the court.
Sec. 19. Upon a second answer being adjudged insufficient by the proceedings
court, costs shall be doubled, an attachment may issue, and the where a second
defendant may be examined upon interrogatories, and committed a"svv®r ba3 be®n
until he or she shall have answered, or in case such defendant shall cie^26 in "
29
218
chancery court.
fail to appear upon the return of such attachment, an alias attach-
ment shall issue, upon which no hail shall be taken.
When the plain- ®EC* ^ defendant at any time after process of contempt
tiff after process being returned executed, or being brought into court upon such
of coutempt exe- process, shall refuse to answer the plaintiff's bill, or the defendant
antbe'ing Wght shall put in an insufficient answer, which shall be so adjudged by the
shall refuse to court, the complainant may proceed to have the bill taken pro con-
answer compi'nt fegS0j and obtain a decree accordingly ; but in that case all further
havehiTbin tak? process of contempt shall cease, and if the defendant shall be in
ea pro confesso custody, the court, or a judge thereof, may order his or her
decree°ceedt0a discharge.
After attach- Sec. 21. After an attachment returned, no plea or demurrer shall
mentretum'dno be received, unless by order of court, upon motion; and upon ser-
plea, &c. to be y'ce Qf ajj attachments, bail shall be taken unless herein otherwise
received unless j. , j 7
by leave. directed.
Bail to be tak- Sec. 22. In all cases where judicial process or execution, accord-
attachments? °f *nS to the pi inciples of the common law, cannot be made to apply to
the purposes of carrying into effect any decree in equity, then the
court may be authorized to order an attachment for contempt, Provi•
ded, a copy of the decree shall have been served upon the defend-
ant, by reading the same to him, at least ten days before court and
due proof being made. And in case such defendant shall abscond or
keep out of the way, so that a copy cannot be served as aforesaid, or
such defendant shall evade or refuse to have the said decree read,
When the such officer or other persons shall leave a copy at the house or last
attachments'fo' P^ace ab°de of such defendant; and proof of such facts being
earryingTnto e°f- made by affidavit, the court shall have power to order an attachment
feet decrees in in the same manner as if a copy of the decree had been read as
equity. aforesaid.
Sec. 23. All attachments for not performing decrees, shall be in
attachments^" nature an execution, on the service of which no bail shall be tak-
not performing en> but the party shall be committed to jail, there to remain until he
decrees. performs the decree: Provided, That such court, or any of the
judges thereof in vacation, shall have power to grant a Habeas Cor-
pus. And if upon interrogatories exhibited on oath, to the party
brought up on such writ, it shall appear to the satisfaction of such
court or judge, that the party has cleared contempts, the said court
or judge may order his or her discharge upon such conditions as it
respects his or her compliance with the decree as such court or
judge may think proper: Provided, That the adverse party, his
Proviso* agent or attorney, shall have reasonable notice of the time and place
of exhibiting such interrogatories, if such party, his agent or attor-
ney at law be within the division.
Sec. 24. The complainant shall reply or file exceptions on or
Rule as to fil- before the second rule day after the term in which the answer shall
in ^replications, have been filed. The defendant having given a rule for replication,
may give another rule on the said second rule day for hearing upon
bill and answer, after the expiration of which, the cause shall be set
for hearing and no depositions or proof shall be admitted on either
side, unless by consent, or by order of court.
Special replica- Sec. 25. No special replication shall be allowed, and all causes
tion not aiiow'd. shall be at issue upon filing a general replication,
where'fh^com- ®EC* ^ complainant conceives any j lea or demurrer to be
piainant may naught, either for the matter or manner of it, he may set it down
CHANCERY COURT.
219
with the clerk to be argued; or if he thinks the plea good, but not think any plea
true, he may take issue upon it, and proceed to trial by jury; as has ^The'biius
been heretofore used in other causes in equity where trial hath been not true,
by jury; And if thereupon the plea shall be found false, the com-
plainant shall have the same advantages as if it had been so found by
verdict at common law.
Snc. 27. If a plea or demurrer be overruled, no other plea or Plea or demur-
demurrer shall be thereafter received; but the defendant shall an-
swer the allegations of the bill; and in case he or she fail to do so, shall answer the
upon a rule being given, the plaintiff may proceed to have his bill bin.
taken pro confesso, as if no plea or demurrer had been filed.
Sec. 28. Upon a plea or demurrer argued and overruled, costs gUment of pleas'
shall be paid, as where an answer is adjudged insufficient, but if ad- and demurrers,
judged good the defendant shall have his costs. to whom allow-
Sec. 29. If the complainant shall not proceed to reply to, or ewhenwu shall
set for hearing, any plea, answer, or demurrer, (or in case of the bill be dismissed for
being set for hearing upon bill and answer by the defendant) he shall want of prosecu-
fail to prosecute his suit, on or before the second court after filing or 10n'
setting the same for hearing, in both of these cases the bill may be
dismissed of course with costs during the said second term.
Sec. 39. Where there are subscribing witnesses to the execution When, deposi-
of deeds, writings, or other documents, essential to the justice of a tiong of witness
cause, the depositions of said witnesses shall be taken with such be uken&C'
deeds, writings or other documents annexed thereto, proving the
execution thereof.
^ec. 38. When a cross bill shall be exhibited, the defendant or Practice regu-
defendants to the first bill shall answer thereto, before the defendant ^]sca8es of
or defendants to the cross bill shall be compelled to answer such cross B'
cross bill.
Sec. 41. The c^urt in their sittings may regulate and control all courtmay re-
proceedings in the office, and for good cause shewn, may set aside guiate ail pro-
any dismissions, and reinstate the suit on such terms as shall appear c®edin§8 111 the
- ,, ofbce.
equitable.
Sec. 42. For prevention of errors in entering up the decrees and Procecdjn s o£
orders of the court, the proceedings of every day shall be drawn up each day to be
at large by the clerk in a bound book, to be called The Order Book, drawn up at
and read in open court the next day, (except those of the last day oflarge'
each term, which shall be drawn up, read, and corrected the same
day,) and any necessary corrections made therein; and they shall be
signed by the judge of the court present the preceding day, when
the said proceedings took place, and preserved among the records.
Sec. 44. All proceedings in causes which may be finally cierkandmas-
determined, shall be entered together by the clerk and master, in a ter to record pro-
well bound book, to be called The Record Book, within six months ceedings' *C:
from their determination, and it shall be the duty of the court at the
term next succeeeding the one in which such causes were determin-
ed, or a judge in vacation, to examine the said records and certify
the recording as aforesaid; and in case the clerk and master shall
fail herein, it shall be the duty of said court to displace him as afore-
said, and appoint another person.
Sec. 45. The proceedings in each cause to be recorded together, coi^d^as bpro-
shall be the pleadings, consisting of bill, answers, pleas, demurrers, ceedings in p
replications, issues of fact, verdicts thereon, and decrees, as the cau**1
case may be.
220
chancery court.
Preservation Sec. 46. The clerk and master shall file and carefully preserve
of papers, etc. in order, all papers belonging to his office, subject to the examination
of the court; and shall keep a memorandum book, iu which shall be
noted every subpoena for witnesses, commissions de bene esse, or
Duty of the otherwise, the day they issued, and any other proceedings of the said
clerk in other re- clerk and master, not entered on his records, rule docket or minutes,
spects. And the said memorandum book shall be open for parties and their
attorneys, to make such memorandums for the direction of the clerk,
as may be necessary.
Sec. 48. Instead of decreeing parties to convey lands as hereto
courttn'makin6 ^0re practiced in equity, the said court shall have power by decrees,
decreesastoreal respecting titles, to divest thereby (without conveyance from the
estate. party) the property of the person or persons against whom a decree
shall be made, under such conditions and limitations as may be there-
in expressed: Provided, That copies of such decrees shall be
recorded in the register's office of the county where the land lies,
agreeably to the law in force respecting the registration of deeds,
for which the register shall be allowed the same fee as for register-
ing a conveyance; which fee shall be paid by the party for whose
benefit such decree shall have been made.
Practice as to Sec. 53. The said court when a bill praying a review of the
view regulated, proceedings in which a decree shall have been pronounced, shall be
presented, may upon such bill and the circumstances of the case as
the same shall appear satisfactory, direct proceedings on such decree
to be stayed until a decree on the said bill of review shall be made,
or until the further order of the said court; or the said court may
refuse to grant a stay of proceedings in that case as shall seem right;
Provided, That the said court may in either of the said cases,
direct such security to be given, and in such place, as is usual in
cases of injunction, or such other security as shall seem reasonable:
Provided, That no bill of review shall be brought, or a motion made
therefor, except within three years from the time of pronouncing
such decree; saving to infants, feme coverts, persons non compos
mentis, imprisoned, or beyond seas, a right to move for a bill of
review within three years after such disability shall have been
removed.
1819.—Chapter 31.
De ositions to Section 1. In all cases in chancery, the depositions of witnesses
be taken in wri- shall be taken in writing, without compelling the personal attendance
ting. of witnesses in any case or cases whatever.
18 2 2.—Chapter 14.
In appeals to Section 3. In all causes determined in the courts of equity, in
supreme court, which an appeal shall be taken by either party to the supreme court,
to^iianded"- ^ s'ia^ be the duty of the clerk and master to hand over and carry
ver. up to said court, the original papers of such cause, together with the
records of all judgments, orders and decrees, made therein, and also
all the testimony and depositions which may have been uced on the
hearing of said cause; and said papers and records shall be read and
used before the said supreme court, on the final bearing of said
cause.
chancery court.
221
Sec. 5. In prosecuting suits in equity, either party may set down Five months
for hearing on the trial docket, any cause in equity, at the expiration f?r. taki«s dep0"
of five months after the replication is filed, and the same shall be 8110ns'
heard at the next term, unless on good cause shown, it shall be con-
tinued.
182 4—chapter 6.
Section 1. (Depositions may be taken without filing interrogator
ries. See Depositions.)
Sec. 2. (When notice to be given to one or more. See Deposi-
tions.)
Sec. 3. (No rule to be made against this act. See Depositions.)
1825.—chapter 22.
Section 1. Bills in equity for the specific execution of contracts, bills for a de-
or bills in equity which seek directly to divest the title of any speci- cree of title to
fied piece and parcel of land, may be filed in the court of chancery, of ^ugh
the county, circuit or district of country where such lands or any part neither ' party
thereof, shall be, and such court shall have power to make such de- within juris,
cree as the nature of the case may require, and by such decree, dlctlon-
vest the title in such person as shall seem right, according to the
rules of equity, notwithstanding neither the plaintiff or defendant, nor
any of them, may reside in said county, circuit or district; Provided,
That such rules and means shall be observed of service of process
and giving notice to defendants and others, as heretofore has been
observed and used; and provided, nothing herein contained shall be
so construed as to restrain and take away the jurisdiction of any
other court of equity, which may or might, have jurisdiction in such
case.
Sec. 2. When any bill may be filed on which an injunction shall chancery co'rta
have been granted to stay proceedings on any judgment at law, it to entertain ju.
shall and may be lawful for the chancery court of the district within tkdiction, and
which such judgment at law may have been rendered, or of the dis- how
trict including the county to which execution thereon may have is-
sued, to entertain jurisdiction thereof and proceed to decree thereon
as to right and justice may pertain.
18 2 6—chapter 19.
Section 1. When any person may be desirous of filing a bill in Bills may be
any of the chancery or circuit courts of this State, which bills, the fwofn t0 b.efor.®
laws of the land or the practice of said courts require, shall be sworn jadgT'or^cierk
to by the complainant, that, in such case, the complainant in such and master,
bill may swear to the truth of the same before any judge or justice
of the peace, or the clerk or master of the court in which such bill
may be filed of this State, and the attestation of such judge or justice
of the peace or clerk and master, shall be held and deemed evidence
of such swearing.
o<22 CHANCERY COURT.
182 7.—Chapter 42.
Section 1. Any bill in equity may be filed in any of the courts of
this state having jurisdiction of causes in equity and seeking and
praying a specific execution of any contract or to divest the title to
any specified tract of land, or locative interest therein, lying in the
district or county in which said court is held, as contemplated by the
act of 1825, ch. 22, which this is intended to amend, it shall and may
be lawful for the court in which the said bill or bills are or may be
filed to have and entertain jurisdiction thereof, and upon final hearing
to make such order or decree in the premises as equity and justice
may require, notwithstanding neither the complainant nor defendant,
nor any of them may be residents or citizens of this state, and not-
withstanding the contract, transaction or ground of action, upon
which such bill or suit is or may be founded, did not originate in this
state, provided that such rules and means of giving notice to non-res-
ident defendants shall and may be had and taken as has heretofore
been in force, and are used against absconding and non-resident de-
fendants.
18 3 1.—Chapter 22.
Section 1. (Executors may apply to Chancery Court for sale of
real estate.—See Executors and Administrator.)
Sec. 2. (Suits to be prosecuted as equity suits.—See Administra-
tors, Sfc.)
18 3 1.—-Chapter 54.
j. naiui issues Section 1. Where it shall be necessary to ascertain any fact in
of fact" the trial of any suit in Chancery, the Chancery Courts shall have
the issues made up, impannel a jury to be summoned by the sheriff,
for the trial of the same, instanter, unless either party in s I suit
shall, upon affidavit, show to the court sufficient ground < he con-
tinuance of said cause.
Mode of proof ®EC" mo^e °f proof before said courts on the trial of said
issues, shall be the same as in courts of law, to enforce the attend-
ance of jurors and witnesses, and the officers of court shall be entitled
to the same pay to be collected in the same manner, as said persons
are entitled to by law for similar services in other courts.
18 32.—chapter 11.
Execution re- Section 1. Whenever an execution against the property of a
turned not satis- defendant, shall have been issued on a judgment at law or a decree
fifed to discover *n e(lu*ty' an(l shall have been returned unsatisfied in whole or in
stocks or other part? the party suing out such execution may file a bill in chancery
property in ac- against such defendant, and any other person or body corporate to
fer thereoftranS comPel the discovery of any Bank stock or other kind of stock, or of
any property or thing in action due to him or held in trust for him,
Bills for spe-
cific perform'nee
of contracts rela-
five to land may
be filed where
the,land is, tho'
both parties are
non-residents.
chancery court.
223
and to prevent the transfer of any such stock, property, money or
thing in action, or the payment or delivery thereof, to the defend-
ant except where such trust has been created by, or the fund so held
in trust has proceeded from, some person other than the defendant
himself, and is declared by will duly recorded or by deed duly proved
and registered.
Sec. 2. The court of chancery shall have power to compel such Court t0 have
discovery and prevent such transfer, payment or delivery, and to C°™ nd
decree satisfaction of the sum due on such judgment or decree out prevent'transfer
of any property, stock, money or things in action belonging to the de-
fendantorheld in trust for him, with the exception above stated, which
shall be discovered by the proceedings in chancery, whether the same
were originally liable to be taken m execution atlawor not; and the
court shall have power to order such bond or other securities to be
given by either plaintiff or defendant, as may be necessary to carry
that jurisdiction into complete effect, and to order transfers ot stock or
other property or choses in action to be made according to the rules
of law orequity.
Sec. 3. A judgment or execution at law shall not bind equitable jydgt or exe-
interest in real estate or other property or legal or equitable inter- not'to bind equY-
ests in stock or choses in action, unless a memorandum of said table interest in
judgment stating the amount and date thereof, with the names of the lands or legal or
parties, be registered in the Register's office of the county where the Unless
real estate is situated, in cases where real estate is to be subjected, a memorandum
and in all other cases in the county where the debtor resides, within i3 registered,
sixty days fiom the time of the rendition of said judgment, and the
lien shall cease unless the bill in equity to enforce said lien is filed
within ten days from the time of the return of the execution un-
satisfied.
Sec. 4. In all cases where personal service of said process can- court to have
not be made at law, and where no original attachment at law will lie jurisdict'nwh're
and no judgment at law can be obtained, and also in cases where the personaTservke
demand is purely of an equitable nature, a court of eqnlty shall atiaw, and no
have jurisdiction to subject legal and equitable interests in every original attach-
species of stock and other property, with the exception herein before j™dg*ta ^
stated, and also in real estate; Provided, That in case of legal etc:
demand the amount due shall be ascertained by the verdict of a
jury summoned in the same manner as for other trials of issues in
fact before a court of chancery—the lien in the cases provided for
in this section to commence from the time of filing the bill, if the
facts therein stated are verified by affidavit, and an injunction be
granted by a judge or chancellor upon the complainant giving bond
and security.
18 3 3.—Chapter 15.
Section 1. If in any suit, in any court of equity, any defendant or Qn affidavit
defendants, against whom any subpoena or other process shall issue, that the evid'nce
shall not cause his, her or their appearance to be entered on such of dft is unkn'n
process, within such time, and in such manner, as according to the pubhcatl0n"
rules of the court the same ought to have been entered, in case such
process had been duly served, and an affidavit shall be made to the
224
CHANCERY COURT.
satisfaction of said court, that the place of residence of such de-
fendant or defendants is unknown to the plaintiff', and that such
plaintiff, after diligent inquiry, cannot discover the place of residence of
such defendant, then, and in such case, the court out of which such
process issued, shall make an order, directing and appointing such de-
fendant to appear at a certain day therein to be named, which said or-
der shall, within sixty days after such order made, be inserted in some
Gazette, published within the State, for so long a time as the court may
order and direct; and if the defendant or defendants do not appear within
the time specified by such order, or within such further time as the
court shall appoint, then on proof made of such publication, the
plaintiff's hill shall be taken pro confesso, and such other proceedings
had thereon, as are directed in an act passed in 1787, chapter 22,
section 1.
1 83 3.—Chapter 47.
Section 1. The judges of the circuit courts, and the chancellors in
this State, shall have power and authority to appoint receivers in
vacation, and that the clerks when so directed by the order of the
judges or chancellors, shall take bond and security from the receiv-
er or the complainants, conditioned for the faithful discharge of the
duties of the receiver.
Sec. 2. (In certain cases court may order land to be sold on a cred-
it, not subject to redemption. See Redemption.)
Sec. 3. Where any defendant to any bill filed in chancery in any
of the courts of this State, shall be a non-resident of this state, the
complainant may at any time after the filing of his bill, have publi-
cation, against such defendant., according to the rules of law and of
practice in said courts in such cases, without issuing subpoena as
now required by law.
1833.—Chapter 52.
Bill to divest Section 1. In all cases where a bill may be necessary to be filed to
be'6piead"where divest title to land, and the party or parties against whom said bill is
land lies, though contemplated to be filed, resides beyond the limits of this State, said
the def't be non- bill may be filed in the district or county in wThich the land lies; and
resident- upon affidavit of the non-residence of the party defendant, adver-
tisement shall be made as heretofore: and in all cases where such
bills have been filed, on, at or before the rendering of the decree, the
defendant or defendants wras dead, such decree shall not be void, but
[Defendants the heirs of such party may at any time within the time within five
make "decree years from the rendition of said decree, apply and have themselves
void, but heirs made parties, and upon due proof of the heirship and death of the
Ave eanf as ancestorJ before rendering said decree, said court is hereby author-
parties"" ized to set aside such decree and admit said heirs to be parties, and
the cause then proceeded in, in the same manner as if said heirs had
originally made parties, or the same had been revived against them.
1835. Ch. 3. { 17. (Chancery court may allow appeal before ar
count taken. See Supreme Court.)
f Receivers may
be appointed in
vacatien*
Complainant
may at any time
have publibation
against non.resi-
dent defendant.
CHANCERY COURT.
22 b
1 8 3 5.—Chapter 41.
Section 1. There shall be three Chancellors appointed by the Appointment
General Assembly who shall hold the Chancery courts at the times of three chancel,
and places hereinafter designated, who shall have the same powers, l'rsprovid'dfor;
privileges and jurisdiction in all respects that the Chancellors now td1ut1[eg°wersand
have by the existing laws, and that are properly and rightfully inci-
dent to a court of Chancery, agreeably to the laws now in force in
this state, not inconsistent with the constitution.
Sec. 2. This state shall be laid off into three Chancery divisions,
and one chancellor shall be appointed for each division, whose duty int0 ^ree^divi-
it shall be to reside therein, who shall have the qualifications required sions, and chan-
by the constitution, be commissioned by the Governor, and take an ceirrstobequai-
oath to support the constitution of the United States, and the State 1 e '
of Tennessee, and the other oaths now required by law to be taken
by the judges and chancellors of this State, and shall hold their of-
fices for eight years from the date of their respective commissions.
Sec. 3. The chancellors shall be chancellors for the state, and
may interchange with each other one or more courts in their respec- To be chancel-
tive divisions when causes may exist from disabilities created by the {nterchan^and
constitution, which make such interchange necessary, or to promote ^oid courts ino-
their own convenience j and in the absence of the chancellor of the ther divisions,
division in which any court is held, or his inability to attend and hold
such chancery court, either of the other chancellors shall be author-
ized to hold such court without a formal interchange and shall have
the same power and jurisdiction that the chancellor of the division
might exercise, and said chancellors may make all necessary arrange-
ments on the subject for the speedy trial of such causes for which
an interchange is necessary; and the chancellor holding the courts
of the other shall have general power and authority to try any cause
in said court, unless there exists in him any disability as aforesaid,
and generally to exercise the same jurisdiction as he would exercise
in his proper division.
Sec. 4. This state shall be laid off into the following chancery Chancer dls
districts, to wit: In the Eastern Division, the counties of Carter, Sul- tricta^iald^ off!
livan and Washington shall compose the first district, and the court East'rn division,
shall be held for the same at Jonesborough on the first Mondays in First dlstrict-
February and September.
The county of Greene shall compose the second district, and the
court for the same shall be held at Greenville on the second Mondays Second,
in February and September.
The county of Hawkins shall compose the third district, and the
court for the same shall be held at Rogersville on the third Mondays Third,
of February and September.
The counties of Grainger, Claiborne and Campbell shall compose
the fourth district, and the court for tbe same shall be held at Taze- Fourth,
well on the first Monday of March and fourth Monday of September.
The counties of Jefferson, Cocke and Sevier shall compose the fifth
district, and the court for the same shall be held at Dandridge on the Flfth'
first Mondays in April and October.
The counties of Anderson, Knox and Blount shall compose the
sixth district, and the court for the same shall be held at Knoxville 1X
on the second Mondays in April and October.
30
226
tiHANOERY COURT.
Seventh-
Eighth.
Ninth.
Middle division
First district.
Second.
Third.
Fourth:]
Fifth:
Sixth.
Seventh;
Eighth.
Ninth.
Tenth.
Eleventh.
Twelfth.
Thirteenth,
Fourteenth.
The counties of Morgan and Roane shall compose the seventh
district, and the court for the same shall be held at Kingston on the
third Mondays in April and October.
The counties of Bledsoe, Hamilton, Marion and Rhea shall com-
pose the eighth district, and the court for the same shall be held at
Pikeville on the second Mondays of June and December.
The counties of M'Minn and Monroe shall compose the ninth dis-
trict, and the court for the same shall be held at Madisonville on the
third Mondays of June and December.
In the Middle Division, the counties of Fentress, Overtop and Jack-
son shall compose the first district, and the court for the same shall
be held at Livingston on the first Mondays of January and July.
The counties of White and Warren shall compose the second dis-
trict, and the court for the same shall be held at McMinnville on the
second Mondays of January and July; Provided, that suits originat-
ing in the county of White may be brought either to the court at
Livingston or McMinnville at the election of the complainant.
The county of Smith shall compose the third district, and the court
for the same shall be held at Carthage on the second Mondays of
January and July.
The county of Wilson shall compose the fourth district, and the
court for the same shall be held at Lebanon on the fourth Mondays
of January and July.
The county of Rutherford shall compose the fifth district, and the
court for the same shall be held at Murfreesborough on the first Mon-
days of February and August.
The county of Bedford shall compose the sixth district, and the
court for the same shall be held at Shelbyville on the second Mon-
days of February and August.
The county of Franklin shall compose the seventh district, and the
court for the same shall be held at Winchester on the third Mondays
of February and August.
The county of Lincoln shall compose the eighth district, and the
court for the same shall be held at Fayetteville on the fourth Mondays
February and August.
The counties of Giles and Lawrence shall compose the ninth dis-
trict, and the court for the same shall be held at Pulaski on the first
Mondays of March and September.
The counties of Wayne and Hardin shall compose the tenth dis-
trict, and the court for the same shall be held at Savannah on the
second Mondays of March and September.
The county of Maury shall compose the eleventh district, and the
court for the same shall be held at Columbia on the third Mondays of
March and September.
The counties of Dickson, Humphreys and Hickman shall compose
the twelfth district, and the court for the same shall be held at Char-
lotte, on the fourth Mondays of March and September.
The counties of Stewart and Montgomery shall compose the thir-
teenth district, and the court for the same shalL be held at Clarksville
on the first Mondays of April and October.
The counties of Robertson and Sumner shall compose the four-
teenth district, and the court for the same shall be held at Gallatin on
the second Mondays in April and October; Provided, that suits ori-
CHANCERY COURT.
227
ginating in Robertson county may be brought either at Clarksville
or Gallatin at the election of the complainant.
The counties of Davidson and Williamson shall compose the fif- p.f
teenth district and the court for the same shall be held at Franklin 1 teen
on the fourth Mondays of April and October.
In the Western Division, the counties of Weakley and Obion shall western ai-
compose the first district, and the court for the same shall be held at vision *First dis.
Dresden on the fourth Mondays of March and September. trict*
The counties of Dyer and Gibson shall compose the second dis- Second.u
trict, and the court for the same shall be held at Trenton on the first
Mondays of January and July.
The counties of Carroll and Benton shall compose the third dis- Third,
trict, and the court for the same shall be held at Huntingdon on the
second Mondays in January and July.
The counties of Perry and Henderson shall compose the fourth dis- Fourth,
trict, and the court for the same shall be held at Lexington on the
fourth Mondays of April and October.
The county of Madison shall compose the fifth district and the Fifth,
court for the same shall be held at Jackson on the fourth Monday of
January, and the third Monday of July.
The counties of Haywood, Tipton and Lauderdale shall compose Sixth,
the sixth district, and the court shall be held for the same at Browns-
ville on the third Mondays of May and November.
The counties of Fayette and Shelby shall compose the seventh dis- Seventh;
trict and the court for the same shall be held at Somerville on the
fourth Mondays of May and November.
The county of Henry shall compose the eighth district, and the Eighth,
court for the same shall be held at Paris on the third Mondays of
March and September.
The counties of Hardeman and McNairy shall compose the ninth Ninth;
district, and the court for the same shall be held at Bolivar on the
first Mondays of June and December. And each of said courts shall Court to sit
sit until the business thereof shall be despatched, unless the judge despatched688 or
holding the same shall sooner be compelled to leave the court in or- the chancellor be
der to arrive in time at the next succeeding court of the district, and compelled to
may adjourn from time to time if necessary. leave*
Sec. 5. The rules of conducting suits which have heretofore been Rules of 1829
adopted by the chancellors in pursuance of the act of 1829, chap. 103, J?, rce°"tinue "J1"
are hereby directed to be in force in the courts of chancery estab- sbafiTe do^in
lished by this act, until the same are altered, revised or corrected by three months,
the chancellors hereafter chosen; and the chancellors shall within offoar^'eLT"1
three months after they are appointed and qualified, meet together at ° °Ur years'
some place to be agreed upon by a majority of them, and make rules
for regulating the practice and conducting the business in the courts
of chancery in all cases not provided for by law; and at the expira-
tion ©f every four years thereafter, and oftener if requisite, they
shall revise the rules of the said court, with the view to the attain-
ment so far as may be practicable, of the following improvements in the
practice; first, the abreviating of bills and answers, and other proceed-
ings; secondly, the expediting the decision of causes; thirdly, the di-
minishing of costs; fourthly, the remedying such abuses and imper-
fections as may be found to exist in the practice of any class of suits
cognizable in the courts of chancery, and the rules which may be
adopted shall be sanctioned by a majority of the chancellors.
228
CHANCERY tOUR'I.
Sec. 7. All causes depending in the courts of chancery now held
Books and pa- at Rogersville, Greenville, Knoxville, Kingston, Madisonville, Car-
c'rts tofbe trans- thage, Franklin, Pulaski, Charlotte, Jackson, Bolivar, and Paris,
ferred,° aniTaii shall remain to be determined by the courts hereby established at
orders, judg- said places respectively; and all books and papers belonging to said
weeiTto^e car- °ffices shall be transferred to the clerks and masters of the courts
ried into effect, hereby established at said places respectively; and all causes now
depending in the court of chancery at Monroe, and all books and pa-
pers belonging to said office, shall be transferred to the clerk of the
chancery court at Livingston; and said courts, and the officers there-
of respectively, shall have the same authority, power and jurisdiction,
that the present chancery courts and officers thereof now have or
could exercise; and the courts hereby established, and the officers
thereof, shall have the power to direct executions and other process
to be issued out of the courts where the papers and records are di-
rected to be deposited, to give transcripts, and generally to exercise
all powers in relation to any causes pending or determined that the
present chancery courts and officers might or could exercise; and all
causes pending in the chancery courts at Livingston, Carthage,
Franklin, Columbia, Pulaski, and Charlotte, shall remain to be de-
termined in said courts respectively, and the clerks mow in office at
M'Minnville and other places aforesaid shall, so soon as the clerks of
the different courts are appointed as herein directed, deliver over to
their successors in office, all the books and papers of their respective
offices, and the courts herein established and the officers thereof, shall
have the power to carry into effect all orders, judgments and decrees
of the former chancery courts, to issue process and to give transcripts
out of the courts and offices where thejoapers and records are direct-
ed to be deposited, and generally to exercise all powers in relation to
any causes pending or determined that the present chancery courts
might or could exercise.
Sec. 8. All suits in chancery pending and undetermined by the
circuit courts of this state, shall be proceeded in and determined by
in CTScfrecl circuit courts, who shall have the same jurisdiction in those cau-
courta'tojbe^h're ses as was possessed by the circuit courts of this state before the pas-
determined, sage of this act; and the clerks of the circuit courts shall have power
to carry into effect all orders, judgments and decrees of the former
circuit courts, issue transcripts of records, and generally to exercise
all authority, power and jurisdiction that the former circuit courts
■might or could exercise in relation to such causes: Provided, the
clerks of the circuit courts in the counties wherein, by this act, chan-
eery courts are to be held, shall, on or before the first term thereof,
file all the papers in any equity suit in which no final decree has been
made, and a transcript of his rule docket and minutes in relation to
the same, in the office of the clerk and master of such chancery
court.
Sec. 9. The judges of the circuit courts shall have power in re-
Circuit judges bition to the suits that may hereafter be brought in the chancery
may grant at- courts, to direct the issuance of writs of attachment, ne exeat, in-
tachmeuts, ne junction, and all other extraordinary process, and to app< int receiv-
eaieat, inj'notions erg^ an(j exercise all the powers and jurisdiction in relation to such
process and orders upon bills to be filed in the chancery court, that
the present circuit judges can exercise; an J whenever such process
and orders are granted by a chancellor or circuit judge, and security
CHANCERY COURT.
229
is ordered to be taken in any other county than that in which the
court of chancery is held, the clerk and master shall have authority
when he issues process to empower a commissioner in the county
where security is to be taken, to judge of the sufficiency of the bond
and security, and to take the same with the same power as the clerk
and master himself had, which bond and security .is to be returned by
the sheriff with the process to the court whence it issued. Causes may
Sec. 10. Any cause now pending in any of the chancery courts, ftomonTdStrTct
or which may hereafter be brought, may be transferred by consent of to another by
parties to the chancery court of another district. consent^
Sec. 11. It shall be the duty of the chancellors of the different Chancellors to
divisions to equalize their respective labors as near as may be, and ®4^0alglzc their
to affect that object, the chancellor of the Eastern Division, on being a r"
notified to do so, and when not otherwise employed, shall hold twice
a year two of the courts in the Middle Division, and the chancellor of
the Western Division shall in like manner hold three of the courts in
the Middle Division, or said chancellors may otherwise equalize their
labors as they may think proper.
Sec. 12. The courts of chancery shall have power to appoint com- May appoint
missioners to take accounts where the clerk and master is interested, commissioners
or is unable to attend, or in other cases where it may be deemed ex-
pedient by the chancellors; and shall also have power to appoint motions & make
persons to serve original, mesne or final process in particular cases orders in vaca-
where special application is made therefor. The chancellors shall tlon*
have power, as well in vacation as in term time, to hear and deter-
mine all such motions, and to make all such interlocutory orders and
decrees in any suit as may be necessary or proper to prepare the
case for a final hearing and determination; and when any decree or Coustrued |by
order shall have been made in any suit in equity pending in said |eQc" 4' of chap*
court, the chancellor shall have power, as well in vacation as in term
time, to make such further orders, and to issue such writs and process
as may be necessary to carry into effect such principal decree or or-
der: Provided, no motion shall be heard, and no decree or order shall
be made in vacation until reasonable notice shall have been given to
the adverse party or his counsel to appear and object thereto.
Sec. 13. All laws conferring jurisdiction upon courts of chancery ah laws
and regulating the practice and proceedings therein, and establish- ^h1]n^"sSISta"t
ing the fees and designating the duties of the officers of said court, still in foree.
which are not inconsistent with this act, shall be of full force and ef-
feet, and be applicable to courts hereby established.
18 3 5.—Chapter 5.
Section 21. The county of Coffee shall be attached to the Frank- Co,ffee county
lin county chancery district. district t0 ?th
Ch. 7, § 1. (Salary of chancellor $1500. See Salaries.)
Ch. 18,5 12. (In case of conflict, chancery court to surrender
court-house. See County Court.)
Ch. 18, $ 13. (Proceedings made good, though the court may nor
be held in the court-house. See County Court.)
230
chancery «ourt.
18 3 5.—Chapter 20.
(To amend Chapter 4th of this session.)
Section 1. The first section of the act which this is intended to
amend, shall be so construed as to give the chancery courts exclusive
of former act!10™ 01'iginal jurisdiction of all cases in equity, to be commenced after the
first day of March next, by bill, petition or otherwise, except petitions
or bills for the partition or sale of real estate, by administrators, exe-
cutors, guardians, heirs or tenants in common, petitions for the sale of
slaves by administrators, executors, or guardians, petitions, for dower,
or for divorces, of which the circuit and chancery courts shall have
concurrent jurisdiction.
Sec. 2. Whenever the chancellor of either of the divisions shall be
of disabilities unable to preside on the trial of any suit or suits, pending in any of
of chancellors, said courts, by the disabilities referred to in the third section of said
act, or shall be unable to hold any of said courts from other causes, it
shall be the duty of such chancellor to notify the chancellor of one of
the other divisions of said fact, and request him to hold said courts;
and when the chancellor so notified shall hold any of said courts, the
chancellor giving such notification, shall, in consideration, hold the
like number of courts for him: Provided, that the chancellor laboring
under such disabilities, may, instead of giving the notification afore-
said, the parties or their solicitors assenting thereto, order the said suit
or suits to be transferred to some court held in one of the other divi-
sions; and upon such transfer, it shall be the duty of the clerk and
master to transmit and file in the court to which such transfer shall
be made, all the original papers, in said suit or suits, together with
a transcript or transcripts of the rule dockets and minutes in relation
to such suits; and the court or courts to which such suit or suits may
be transferred, shall proceed to try the same as if originally eommen-
ced therein; and all process, bonds, and any other papers in the hands
of sheriffs and other officers issued in such suit or suits, shall be re-
turned to the court to which such transfer is made.
Sec. 3. The clerks of the circuit courts, and the clerks and masters
of the present chancery courts, shall continue to receive bills, peti-
cierks°f PrCSent ti°ns> answers, and replications, and issue all process, and make all
necessary orders in such suits as are now pending, or may be here-
after instituted, to prepare causes for trial until the clerks and mas-
ters of the said chancery courts are appointed and qualified under
this act, in as full and ample a manner as they could heretofore do;
and all process so issued, shall be made returnable to the first term
of the chancery court to be held under the act which this is intended
to amend, in the district in which it is issued.
12th section of Sec. 4. The twelfth section of said act shall be so construed as to
former act con- authorize the chancellors in vacation, to make rules and orders for
stmed. the more speedy preparation of suits, and not so as to confer upon
said chancellors powers to make decrees ordering accounts, or other
decrees of like nature, fixing and settling the rights of parties in va-
cation.
Of process and Sec. 5. All process issued and returnable to the chancery court
returns.^ held at Monroe, shall be held and deemed returnable to the chancery
court established by said act at Livingston; and all process issued
and returnable to the circuit courts of counties in which chancery
CHANCERY COURT.
231
courts are established by said acts, and in all cases where causes are
transferred from the circuit to the chancery courts, shall be deemed
and held returnable to said chancery courts: and it shall be the duty
of sheriffs and other officers holding such process, to make return
thereof accordingly, unless the same shall have been returned to
said circuit courts previous to the transfer of equity suits, from said
circuit courts to the chancery courts j and upon failure of sheriffs
and other officers to make such return, they shall be liable to the
same pains and penalties as if said process had originally issued from
said chancery courts.
Sec. 6. The clerks and masters of the chancery courts heretofore cierka and mas-
established, shall continue to hold their offices until clerks and mas- ters.
ters are appointed and qnalified in the chancery courts by said act
established.
Sec. 8. It shall be the duty of thechancellor of the First Division, Chancellors of
to hold the courts at Livingston and Carthage; and the chancellor of Western & East-
the Western Division shall hold the chancery courts at Savannah, "0id Tourts' in
Charlotte and Clarksville, unless a different arrangement be made Middle Division,
under the provisions of the act which this is intended to amend.
Sec. 9. All process in suits now pending in any of the chancery
courts of this state, in the hands of the sheriffs and other officers, and
all reports of clerks and masters, receivers or commissioners, in suits of process and
now pending in said courts, shall be returned to the chancery courts returns in pre-
in which the papers of said suits severally shall remain agreeable to sent sult8,
the provisions of said act, and equity suits now pending in said
courts which shall by the provisions of said act be transferred to any
other chancery court by said act established, the process in the hands
of sheriffs and other officers, and reports of clerks and masters, re-
Clivers or commissioners, shall be returned to the next ensuing term
of the chancery court to which suits may be transferred as aforesaid;
and the present clerks and masters of the chancery courts, and the
clerks of the circuit courts, shall be required to perform all such
duties in taking accounts, making sales, or other duties which may
have heretofore or which may hereafter be assigned to them by the
decree of the courts of which they are clerks, until after the first term
of the chancery court, for the district in which they are clerks, shall
be held under the act which this is intended to amend.
[ Sec. 10. The county of Johnson shall be, and the same is hereby
attached to the first chancery district, and the county of Meigs shall Mefg^countiesf
be attached to the district composed of Roane and Morgan.
Sec. 11. The citizens of the county of Blount shall have the right
to file their bills, and have them tried in the chancery court in Madi- Blount county:
sonville. or at Knoxville.
Sec. 14. No original subpoena or other orginal process in chan- service ofsub-
eery shall be served by the sheriff unless he has a copy of the bill poena, &c.
ready to deliver to the defendant, or unless the substance of the bill
is inserted in the subpoena or other original px-ocess; and where the
service is made less than ten days before the term at which the defen-
dant is required to appear, the defendant shall not be compelled to Third gecti0n,
appear at the first term, but may have until the succeeding term to act 1782, ch.ll!
file his answer, plea, or demurrer; and the third section of the act of "peakd-
1782, ch. 11, is hereby repealed.
Sec. 15. In all cases of bills of review filed to review the decision
of a case in chancery, the depositions and exhibits that were read on Reviews;
232
SUPREME COUIU.
the hearing of the cause shall be considered a part of the record, an
if the same were transcribed and incorporated with the decree.
Sec. 16. In all cases in chancery that may be removed to the su
preme court, by writ of error or appeal in the nature of writ of error,
Bupreme°M>urt!° t'ie depositions and exhibits which were read on the hearing of the
u m ' cause, shall be considered as a part of the record, arid said causes
shall be reviewed and examined in the supreme court as if they
were brought up by appeal from the decision of the chancellor: Pro-
vided, that if the decree of the chancellor has been executed by a sale
of property, either real or personal, before the writ-of error is obtain-
ed and supersedeas granted, that the right, title and interest of the
purchaser or purchasers under said decree, shall not be disturbed
Writ of error or affected by a reversal of said decree: and Provided also, that no
not aiiow'd after writ of error shall be allowed from a decree of the chancellor after
12 months. twelve months from the rendition of the final decree.
Sec. 17. A court of chancery shall have jurisdiction in all cases of
bonds for the performance of covenants and collateral conditions
Chancery ju- against the securities in said bond as well as the principal obligor,
risdiction. where the said court now has jurisdiction against the principal obligor
in said bonds.
SUPREME COURT.
constitution, article vi. sections 1, 2, 3, 6, 7, 11, 13.
17 9 6.—chapter 1.
Section 2. No person shall be eligible to or exercise the office of
Three year's judge of the superior courts, who has not been an inhabitant of this
residence. state three years immediately preceding his appointment to said
office.
18 0 9.—chapter 49.
Section 24. If either of the supreme judges shall presume to en-
Penalty for ter on the discharge of his duties before he has taken the oath or
acting without affirmation required by law, he shall be subject to the same penal-
oath' ties prescribed for the circuit judges for the like office.
1 8 0 9.—chapter 126.
cases adjourn- Section 9. Cases agreed may, by consent of the parties, be ad-
ed by consent, journed to the supreme court for decision, (a)
F" (a) Under this act the supreme court has no jurisdiction of a cause, unless an argeed statement of the
facts is made by the parties and made a part of the record. 6 Yerg. 490.
SUPREME COURT.
233
Sec. 10. No judgment, decision, or decree of the circuit courts
shall be reversed in the supreme court, unless for errors which affect
merits of the judgment, decision, or decree complained of.
181 7.—Chapter 17.
Section 3. Power and authority is hereby given to the judges of Judgeg of thc
the supreme court to recommit defendants in state cases, from the supreme court
supreme court to the respective circuit courts, when it may appear authorized to re-
necessary, and to take recognizances from such defendants, when the commitoffend,rs
offence charged is a bailable offence, with such security as they shall
judge proper.
181 7.—Chapter 199.
Section 3. It shall and may be lawful for judges of the su- May grant
preme court to exercise jurisdiction, and grant judgments upon judgm'ts on cer-
all bonds or recognizances which may be taken by the clerks of tambonds°
said court, or may have been taken in said courts, or in any cir-
cuit court, and removed to said court, either for the prosecution of
suits, or bonds executed agreeable to any order of said court, or of
any judge granting an injunction, or bonds of any other kind, which
by law are directed to be executed by any party or parties, in the
progress of any cause, and deposited in said court, and such process
of scire facias, may in all such cases be issued as is proper in simi-
lar cases in a court of law; and if any defendant or defendants, shall
appear and plead to such scire facias, and an issue should be joined,
it may be lawful for such court to order a jury to be forthwith sum-
moned for the finding said issue, upon which said court may proceed
to judgment as in other cases. •
Sec. 4. If at any time it shall so happen that from sickness or
other unavoidable accident, there shall not attend on any day of the fay to™ attend
session of a supreme court, any of the judges of said court, it shall be court may be ad.'
lawful for the sheriff to adjourn said court from day to day, in the Jtol\r'd- frora day
same manner as is directed by law for the sheriff to adjourn the cir- y*
cuit courts; and if only one of said judges of said court shall attend
from the same cause, it shall be lawful for said judge to open court
and adjourn the same from day to day, as long as he may think it
proper.
18 2 2.—Chapter 13.
Section 4. The supreme court shall not possess original jurisdic-
tion in auses either in law or equity, but appeals and writs of error No original ju.
shall lie firm the courts of law and equity, holden within the dim- risdlctl0n-
sions where said supreme courts are holden.
18 2 3.—Chapter 54.
5 4.—(Executions from supreme court returnable in six months.
See Executions.)
31
234
supreme court.
Sec. 5. It shall be the duty of the judges of the supreme court, im-
mediately to deliver to the clerk of the court, all opinions, in writing,
by them delivered in causes depending, in said courts; and it shall
be the duty of the clerks of said courts to preserve said opinions as
other records of their offices, subject to inspection of all persons
wishing to examine the same: and it shall be the duty of said clerks
to deliver to any person making application for the same, a certified
copy of any opinion filed in his office, for which he shall be paid by
the person applying for the same, by the copy sheet, as in equity
causes: and any clerk, who shall suffer an original opinion of any
of the judges of said courts to be taken out of his office, shall pay the
sum of twenty dollars, to be recovered before any justice of the
peace, to the use of the person suing for the same.
18 2 4.—Chapter 14.
Section 3. All executions and other final process from the supreme
court shall be made returnable every six months on a day to be fixed
by said courts, and all moneys made thereon shall be paid over ac-
cordingly, and said clerk shall be authorized to issue alias execu-
tions on the return of former ones in all cases where it shall be ne-
cessary.
182 7.—Chapter 49.
Section 17. When any claim is presented to the circuit or su-
preme court for allowance, the same shall be examined by the attor-
ney general as directed by the fifteenth section of this act, {see corn-
ty court) and when allowed by the court if chargeable to the county,
a copy of the claim and the order of the court shall be certified to the
county court where the same is chargeable, who shall proceed in the
same manner as pointed out by the said fifteenth section of this act,
to settle and order such claim to be paid.
18 29.—Chapter 60.
Judges to file Section 1. In all cases determired in the supreme court, in
reasons of rever- which the judgment of the circuit or inferior court is reversed, and
"al* the cause remanded for a new trial, it shall be and is hereby made
the duty of the judges of the said supreme court to file in writing
with the clerk of said court the reasons of reversal, and the points of
law in the judgment of the inferior court in which the error existed,
which said reasons and causes of reversal and opinion of the court
shall in all cases be copied by the clerk, and certified to the circuit
or inferior court as part of the record of the judgment of reversal.
Sec. 2. In all cases determined in the supreme court, it shall be
To give opini- the duty of said court to give their opinion in writing, and file the
ons in writing, same with the clerk of the court, who shall deposit the same with the
record in the cause, and keep the same on file in his office.
Judges' opini-
ons, how delive-
red.)
'Executions re-
turnable u every
months. "
Claim presen-
ted to circuit or
supreme court to
be examined by
Attorney Gene-
ral.
supreme court.
18 2 9.—Chapter 96.
Section 5. When it may become necessary for the governor to Governor to
appoint special judges of the supreme court, he shall appoint to said tent01iawyer8PM
office such lawyers as have not been concerned as counsel in said special judges:
cause, or in any cause involving the same questions or principles,
and such as he shall consider learned in the law, and free from all im-
proper bias or prejudice, or at his discretion to appoint such of the
circuit judges of this state as shall be free from the before mentioned
objections.
18 3 5.—Chapter 3.
Section 1. A supreme court of the state of Tennessee is hereby esfaXsh^dC°Urt
established to be composed of three judges, one of whom shall reside two judges
in each of the grand divisions of the state, and the concurrence of two to concur in de-
of said judges shall be necessary to a decision in every case. cision.
Sec. 2. The said supreme court shall possess such appellate and jurisdiction
other jurisdiction as is now conferred by law on the present supreme
court, under such restrictions and regulations as may from time to
time be prescribed by law.
Sec. 3. In appointing the judges of the said supreme court, the each1 judge to fee
General Assembly shall designate the division of the state in which designated,
each judge shall reside, and the said judges shall be commissioned
accordingly.
Sec. 4. Before entering upon the duties of their office, the said Oaths,
judges, in presence of the governor of the state, or any judge of the
supreme court, shall take an oath orj affirmation to support the con-
stitution of this state, the constitution of the United States, and an
oath faithfully and impartially to discharge all the duties of their
office, and the oath against duelling now required to be taken by the
judges of the supreme court; and two of said judges shall constitute
a court to do any business that can by the constitution, and laws be
done by said court.
Sec. 5. The said supreme court shall hold one session in each year Times and
at the following places, to wit: at Nashville in the Middle Division, at places of holding
Knoxville in the Eastern Division, and at Jackson in the Western court'
Division. The said court shall be held at Nashville, in the Middle
Division, on the first Monday in March next, and ever after on the
first Monday in December; at Knoxville, in the Eastern Division, on
the first Monday in June; at Jackson, in the Western Division, on the
first Monday in April in each year.
Sec. 6. It shall be the duty of the judges of the said court, to hold To fini8h the
the same at the different places of holding said courts, until they business, except
determine or otherwise dispose of all the causes in said court, or it &c«
becomes necessary to adjourn to hold some other court; Provided, Adjourned
that said court may sit upon its own adjournments, and hold said court terms,
at any time it may see proper, for the purpose of hearing and decid-
ing the unfinished business remaining upon the docket at any term
thereof.
236
supreme court.
. Sec. 7. The said court at Nashville, shall hear and determine all
court^n^Nash- causes now pending in the supreme court at NashviPe, Sparta, and
viile. Centreville, and all appeals, appeals in the nature oi writs of error,
writs of error or other legal procedure, by which any cause or pro-
ceeding may be brought before said supreme court from any of the
inferior courts of the counties composing the Middle Division of the
state; and said supreme court held at Nashville shall, in all respects
be the supreme and revising court over all the inferior courts which
may be held within said Middle Division of the state: and I he said
court held at Knoxville, shall hear and determine all causes now
At Knoxviiie. pending in the supreme court at Knoxville and at Jonesburougn; and
all appeals, appeals in the nature of writs of error, writs of error or
other legal procedure, by which a cause may be brought before said
supreme court from any of the inferior courts which may be held in
any of the counties in the Eastern Division of the state, shall be
returnable to and heard and determined in the said supreme court at
Knoxville, and said supreme court at Knoxville shall be in all res-
pects the supreme and revising court over all inferior courts which
may be held in the said Eastern Division of the state: and said su-
preme court at Jackson, shall hear and determine all causes now
At Jackson, pending in the supreme court at Jackson; and all appeals, appeals
in the nature of writs of error, writs of error or other legal procedure,
by which any cause may be brought before said supreme court from
any of the inferior courts which may be held in the Western Division
of the state, shall be made returnable to, and heard and determined
in the said supreme court at Jackson, and said court held at Jackson,
shall, in all respects, be the supreme revising court over all inferior
courts which may be held in said Western Division of the state.
Middle Division. Sec. 8. The middle division of the state shall comprise the follow-
ing counties, viz. Fentress, Overton, White, Warren, Franklin, Jack-
son, Smith, Wilson, Rutherford, Bedford, Lincoln, Sumner, Robertson,
Davidson, Williamson, Maury, Giles, Lawrence, Wayne, Hickman,
Eastern Divi. Dickson, Montgomery, Stewart, and Humphreys. The Eastern Divi-
sion. gion of the state shall comprise the following counties, viz. Carter,
Sullivan, Washington, Hawkins, Greene, Claiborne, Grainger, JefFer-
Western Divi. son> Cocke, Sevier, Blount, Monroe, M'Minn, Roane, Knox, Camp-
sion. ' bell, Anderson, Hamilton, Rhea, Bledsoe, Morgan, and Marion. The
Western Division shall comprise the follow ing counties, viz. M'Nairy,
Hardeman, Fayette, Shelby, Tipton, Haywrood, Madison, Henderson,
Garroll, Gibson, Dyer, Obion, Weakley, Henry, Lauderdale, Perry
^^indDBin. "
process to be re- Sue. 9. All reports heretofore required to be made to the supreme
turned to the court at Sparta, Nashville or Centreville, and all process issued and
edTn thfs^ct"^ not returned before the first session of the said court to be held at
Nashville under this act, shall be made returnable to the first session
of said supreme court at Nashville, and the said supreme court at
Nashville shall have the same power and jurisdiction in relation
thereto which the present supreme court had; and in like manner,
the reports and process to bo made or returned to the supreme court
at Knoxville and Jonesborough, if the same shall not be returned
before the first session of the said supreme court, which shall be held
under this act^at Knoxville, shall be made returnable to the first ses-
sion of the said supreme court at Knoxville to be held under this
act, and the said supreme court so to be held at Knoxville, shall ha\e
SUPREME COURT.
237
as" full power and' jurisdiction in relation thereto as the present
supreme court had; and in like manner, all reports, orders and pro-
cess to be made or issued under the authority of the supreme court
at Jackson, if the same shall not be made or returned before the "first
session of the said supreme court, to be held at Jackson, under this
act, shall be made returnable to the first session of said supreme
court, to be held as aforesaid, at Jackson; and the said supreme
court at Jackson, shall have the same power and jurisdiction in rela- A ea]s how
tion thereto, that the present supreme court had. returned!
Sec. 10. All appeals, appeals in the nature of writs of error, writs
of en •, other proceedings, which may be now taken, or may be
herenfter taken to any of the supreme courts held at Sparta, Nash-
ville and Centre cille, before the first Monday in March next, shall
be returned to the supreme court to be held at Nashville under this
act; and in like manner all appeals, appeals in the nature of writs of
error, writs of error and other proceedings which may now be taken,
or may hereafter be taken to either of the supreme courts at Knox-
ville or Jonesborough before the first Monday in June, shall be re-
turned to the supreme court at Knoxville, to be held under this act;
and in like manner, all appeals, appeals in the nature of writs of error,
writs of error, and other proceedings, which may now be taken, or
which may hereafter be taken to the supreme court at Jackson,
before the first Monday in April next, shall be returned to the su-
preme court to be held at Jackson, under this act; and the supreme
court to be held at Nashville, Knoxville and Jackson, shall proceed
to hear and determine all said causes.
Sec. 11. In cases of appeals, appeals in the nature of writs of Defts. in state
error and other proceedings, wherein defendants in state cases have cases to appear
entered into recognizance, or otherwise become bound to appear at a* the places
either of the supreme courts at Nashville,'Sparta or Centreville, shall act!g"at nth
be bound to make their personal appearance at Nashville on the first
Monday in March next, in the same manner as if the said defendants
had been bound in the first instance to appear at Nashville; and in
like manner as to all recognizances or other proceedings by which
defendants in state cases are bound to appear at Knoxville or Jones-
borough, the said defendants shall be bound to appear at Knoxville on
the first Monday in June next; and in like manner as to all recog-
nizances or other proceedings by which defendants in state cases are
bound, or hereafter may be bound, to appear at Jackson, the said
defendants shall be bound to appear at Jackson on the first Monday
in April next.
Sec. 15. The judges of the supreme court or any one of them, on a 0ne J«d«emay
proper case being made out, shall have the authority to grant the leastoexecuYion
process of supersedeas to an execution returnable to their own court, fr'm sup. Court,
in the same manner as the supreme court whilst in session, can grant
the said process.
Sec. 16. In all cases where a bill in chancery is demurred to, and Where demur-
in the court below the demurrer is sustained, and the supreme court rer ovren,led;
shall reverse the decision below and overrule the demurrer, the
supreme court shall have power to remand all such causes to the court
below for further proceedings.
Sec. 17. Whenever a decree shall be made in any inferior court Decree order-
having chancery jurisdiction, determining the principles involved in
the cause, and an account shall be ordered to be taken, it shall be in &c.
238
supreme court.
the discretion of the court below to allow an appeal to be taken bp-
fore the account is made, to the supreme court; and in such cases, if
the supreme court order an account to be taken, the said court may,
in its discretion, remand the cause to the court below to be proceeded
in.
Present laws Sec. 18. All laws now in force in relation to the supreme court, or
to continue. for the government thereof, shall remain in force, except so far as
the same may be inconsistent with this act.
Sec. 19. The supreme court hereby established may adopt rules
May adopt for their government and to regulate the practice therein, not incon-
nUes of practice sistent with the laws now in force; and until such rules shall be
adopted, the present rules heretofore adopted by the supreme court,
Appeal during s remain in force. An appeal, appeal in the nature of a writ of
term of supreme error, or writ of error may be prosecuted from any final judgment or
Court. decree rendered in an inferior court during the term of the supreme
court: Provided, the record in said cause is filed in the supreme
court and the opposite party or his counsel be notified five days be-
fore said cause is taken up for hearing in the supreme court, and the
return of a sheriff upon a copy of said notice shall be sufficient evi-
dence of the service; and all appeals, appeals in the nature of a writ
of error taken from the final judgment or decree of an inferior-court
at any time before the sitting of the supreme court, shall stand for
hearing at the first term, and notice to the opposite party shall not be
required.
To class cir- Sec. 20. Salary of Supreme Judges, $1800. See Salaries.)
cult Sec. 81. It shall be the duty of said supreme court so to
class the circuits of the different Divisions as to set the causes from
the different circuits for trial on certain weeks of the term of said
supreme court.
18 3 5.—Chapter 19.
Appeals from Section 14. All appeals, writs of error, and appeals in the nature of
Benton to Jack' Writs of error, to be taken and prosecuted from the courts for the
son" county of Benton, shall be returned and tried before the supreme
court at Jackson.
183 5.—Chapter 68.
Section 1. No judge of the supreme courts or inferior courts shall
preside in any cause in the event of which he shall be interested, or
incompetency ,where either of the parties shall be connected writh him by affinity or
o ju ges e ne consangUjn^y? wjthin the sixth degree, computing according to the
civil law, or in which he may have been of counsel, or in which he
may have presided in any inferior court, except by consent of all the
parties; the same degree of relationship shall disqualify a justice of
and Jur JmenCea t'le Peace or juryman; the judges of the supreme court, or a majority
an urym n. ^ wjtyn the f;rst week of each term of said court, at each
place where the same may be holden, shall certify to the governor
all causes upon the docket which are to be heard and determined,
which said judges or either of them shall be disqualified from hearing
and determining, wThich certificate being received by the Governor,
Governor to it shall be his duty to appoint and commission the requisite number
appoint special of competent men of law knowledge, for the trial and determination
Judges. 0f said causes; the said judges so commissioned after the oath re-
COURT HOUSES.
239
quired by the constitution is administered to them, shall take their
seats and proceed to aid the supreme judge or judges who are com-
petent, in hearing and deciding all the causes in said commission set
forth, and such other causes as shall be certified during the same
term, and they shall have in said cause, the same power and autho-
rity as the judges of said court shall have in other causes: Provided, Ty° compe-
that it shall not be necessary to make such certificate, when two of gc^"dges Bu "
the judges are competent, unless they shall fail to agree.
Sec. 2. Such special judges shall each be allowed either in the compensation
foregoing case, or that set forth in the following section of this act, of special Judges
for compensation, the sum of six dollars per day for the time he is
employed in the discharge of the duties of a judge, and the same for
every twenty-five miles travel to and from the place of holding court,
to be paid by the treasurer out of any public moneys not otherwise
appropriated, to be paid on the warrant of the comptroller.
Sec. 3. That when any of the judges of the supreme or circuit
court, or either of the chancellors, shall be unable from sickness or Judgega J0tya°-
other physical disability to attend and hold any of the courts at the time tend to be certi.
and place required by law, it shall be the duty of the judge or chan- fied to Governor
cellor, or in case of his inability to do so, it shall be the duty of the cierk. ge 01
clerk of the court in which said judge or chancellor presides, to cer-
tify the facts to the Governor, who shall thereupon appoint and com-
mission some person of law knowledge, to attend and hold said courts
for the despatch of public business, and such person so commissioned,
shall be possessed of all the power and authority to hold said courts,
to hear and determine the cause depending therein, and to take-all
such orders as are necessary to prepare causes for final trial, in the
same manner and to the same extent as the regularly commissioned Power of special
judge or chancellor would possess, were he present and holding said Judge,
courts; and such person so commissioned, shall continue to hold said
courts or to sit as one of the judges thereof, until he shall be informed by
the regularly commissioned judge that he is in a condition to attend to
the duties of his office, which notification it shall be the duty of said
judge to make so soon as his health may be restored, or the disposal
of the business for which he was appointed, shall operate as a termi-
nation of the commission and authority of said special judge.
court houses.
17 9 6.—chapter 13.
Section 3. Where any person or persons intend to prefer a me-
morial to the General Assembly, for the removal of a court house,
in any county in this State, such person or persons shall, for six proceedings
months previous to the meeting of such Assembly, advertise at the on memorial for
court house of such county, and at the usual place of holding moving court
musters in each company, the intention of such memorial, the house"
reasons for removal, the place it is to be moved to, or within two miles
240
COURT HOUSES.
thereof, and shall deliver to the Assembly with such memorial, a
fair and just plat of the country, where the said court house stands,
and where it is intended to be removed, all which shall be surveyed
and returned on oath, and paid by the memorialists.
CRIMINAL PROCEEDINGS.
1791, Ch. 16, {l. (No person to be committed to prison until an exam-
ination had before a justice of the peace. See Bail, Justice of Peace.)
179 1.—chapter 1.
Section 71. Every person accused of any crime or misdemeanor
whatsoever, shall be entitled to counsel in all matters which may be
Counsel allow- necessary for his defence, as well to facts as to law.
ed all persons
accused.
18 0 5.—Chapter 37.
Section 1.. It shall be the duty of the different sheriffs within this
State when they execute any capias on an indictment, to take a
She'ff to take recognizance for the appearance of the party, in the same manner
ance-f°r appear" that justices of the peace are now bound to do by law.
18 0 9.—Chapter 49.
Ch. 6. (Bail may deliver principal to sheriff, who w ay take other
bail. See Bail.)
Section 18. The judges of the circuit courts within their respec-
tive circuits shall set apart a particular day of each term, for the
a artdgCdat0 for criminal causes.—And the said judges shall have power,on
criminal causes, the application of any person charged with a criminal offence, to
hold a special session for the trial of such person, and the said
judge shall direct the sheriff of the county in which such special
session may be held, to return thereto twenty-four persons properly
[Judge may 9uahfied to serve as jurors, any or all of whom failing to attend, < r
hold specialt'ms being challenged and set aside, a jury of the bye standers shah te
in certain cases, empanneled for the trial of the cause.
1817, Ch. 100,51.—(Justice may tax prosecutor w"'1! costs in certain
cases.—See Justices of the Peace.)
1822.—Chapter 40.
Justice or Section 1. Upon any person being committed or bound in a
Judge committ. recognizance to answTer any criminal charge in any court in this
ing, or clerk, State, it shall be lawful for the judge or justice so cimmitting < r
ed^may^isBue taking a recognizance, to issue a subpeena or subpoenas for such
subpoenas. witnesses as may be applied for either by the prosecutor or defend-
nat, directed to any sheriff or constable of any county in the State,
CRIMINAL PROCEEDINGS.
241
or upon the proceedings being filed in the clerk's office, such clerk Party sum-
r . ,r ° • l-i i • moiling witness,
may, in like manner, issue such subpoenas, which subpoenas m es unneCessariiy
either case, shall be returnable to the courts in which the prosecution to~pay them.
shall be hadj Provided, That if witnesses be unnecessarily sum-
moned, the party procuring such subpoenas may be taxed with the
costs of such witnesses.
Sec. 2. Where it shall appear that any person charged with a warrant for
criminal offence shall have fled, or resides out of the county where crimin'iwhoims
the offence shall have been committed, the warrant for apprehending ^ntgy° ^
such offender may issue to the sheriff" or any constable of any the state? X
county in the State, and such offender may be brought before the
judge or justice issuing such warrant, or may be committed or
admitted to bail, as the case may require, by any other judge or
justice.
Sec. 3. When it shall appear to the court that an indictable whereimom:
offence has been committed and no person will prosecute, such ^{orney°geMrai
court may direct the attorney general to file a bill of indictment ex may ex officio by
officio, and he may take out subpoenas for witnesses to give testimony order of court-
before the grand jury.
18 2 5.—Chapter 68.
Section 2. When it may be the duty of any judge to adjourn his criminal cause
court for the purpose of attending another court pending the trial commen'd, shall
of any criminal cause, it shall and may be lawful for such judge to ond the iih°t
postpone such adjournment until such criminal cause shall be dis- of^theterm.™
posed of, and such delay shall not occasion a discontinuance of the
term of the court which it was the duty of the judge, by law to attend,
although he may not arrive so as to open said court by the third
day of the term.
18 31.—Chapter 81.
Section 2. It shall not be required that any indictment under indictment
this act (See Felonies) shall specify what grave, or whose dead body when good,
has been violated or disturbed, nor shall it be required that any
prosecutor shall be marked upon the back of said indictment.
18 31.—Chapter 83.
Section 1. When any person or persons, shall stand charged upon Deft pleading
indictment or presentment for any offence punishable by confine- "guilty," jury to
ment in the public jail and penitentiary house of this state, upon his, be emPanneled3
her or their arraignment shall plead "guilty" to the charge
so- made by presentment or indictment, the court, before whom
such plea shall be entered, shall direct a jury of twelve good
and lawful men to be empanneled, to fix and determine the length of
time for which such person or persons shall be confined in the
penitentiary, who shall fix upon the time in the same manner as if
such person or persons had pleaded "not guilty
242
criminal proceedings.
1831.—Chapter 85.
Commutation Section 1. Where any person has been or may be, convicted of
of punishment] a criminal offence committed prior to the first day of January 1831,
and which by the laws now in force, would only subject such offend-
er to imprisonment in the Jail and Penitentiary house, had the
offence been committed since the said first day of January, the
Governor is hereby authorized to tender to such convict, a commuta-
tion of the capital punishment; upon condition that such convict
enter the jail and Penitentiary house of this State, and submit to
imprisonment at hard labor for the longest term which such offend-
er would be subject to, had such offender been committed under the
laws now in force.
Governor to ®EC* eveiT case where the Governor shall exercise the
certify to clerk, prerogative of mercy under the provisions of this act, he shall
forthwith certify the commutation of punishment and acceptance to
the clerk of the court in which the offender was prosecuted, and to
the officer having the custody of his body.
Duty of clerk ®EC* ^ be the duty of the clerk of such court to make
' out a transcript of the record of conviction, which, with the certificate
of commutation annexed, shall be a sufficient voucher for the agent
of the said Jail and Penitentiary house, to receive and retain such
convict as in other cases, for the time specified in the said certificate
of commutation.
18 32.—Chapter 22.
Defendant tri. Section 1. Where any person shall be indicted for an assault
ed for felonious with intent to kill or commit any other felony, it shall be lawful in
found*euiif of case Jury cannot find such person guilty as charged, of the
simple assault, intent to commit such felony, to find him guilty of such assault or
assault and battery, as the case may be, and judgment shall be
pronounced by the court as upon an indictment for such inferior
offence.(a)
183 5.—Chapter 14.
Section 4. All prosecutions for offences under this act (See Felo-
how ^ducted™ n*es) may either by presentment or indictment, and the same may
' be preferred without any person's name being marked thereon as
prosecutor, and it shall moreover be the duty of the Judges to give
this act in charge to the Grand Jury.
fa)This act does not embrace cases where felony is charged but such as charge an intent to commit a felony.
0 Yerg,533i
DEPOSITIONS.
243
DEPOSITIONS.
1794.—Chapter 1.
Section 30. When any person who may be a witness in any cause in what caB69
in court shall reside out of this state, or shall, by reason of age, depositions of
bodily infirmity or any other cause, be incapable of attending to give may
his testimony in court, oath thereof being made, or the truth of the
matter otherwise appearing, the judge of the court wherein such
suit is depending, shall and may, by commission, empower such and
so many persons as may be thought necessary to take and receive
the deposition of such witness : which being duly taken and re-
turned, shall be received as legal evidence: Provided, That the
party praying such commission, shall give such notice to the adverse
party of the time and place, when and where such commission is to
be executed, as the court shall think proper; and the adverse party Notice to be
shall have power to cross-examine any witness whose deposition shall 6iven-'
be so taken: And all depositions otherwise taken than as herein
directed, unless by consent of parties, shall be void to all intents and
purposes.
Sec. 31. If any person, who may be a witness in any cause de- witnessabout
pending in any court, shall be under the necessity of leaving this state j° k^a^rder
before such cause is to be tried, or even before such cause shall cierL to7 issue
be at issue, upon oath thereof made before the judge of said court, commission
such judge is hereby empowered to order the clerk of the court
where such cause is depending, to issue a commission to one or more
persons to take the deposition of such witness, notice being first given
to the adverse party of the time and place, when and where such a Notice
deposition is to be taken, at least ten days previous to the time of
executing such commission; which deposition, when returned, taken
in manner aforesaid, shall be received as legal evidence.
Sec. 32. (Penalty for refusing to give deposition. See Witnesses.)
Sec. 53. Where a witness lives in another county in this state, in Before a Jus.
trials before a single justice, such justice may issue a commission to anothYr'countj^
any justice of the county wherein the witness resides, who shall take deposition may
the deposition of such witness in the manner prescribed in other ^takon-
cases; and the depositions so taken and returned to the justice who
granted the commission shall by him be received as sufficient evi-
dence in the case for which it was granted.
179 5.—Chapter 3.
Section 1. If the testimony of any person residing within this Proceedings
state shall be required in any suit pending in any court of record in when witness
either of the United States, and he, she or they shall be required to deposYtion^on
appear before commissioners legally appointed, to take his or her ex- commissi n,fr'm
amination, under a commission properly issued and authenticated another 8tate*
agreeable to the laws and rules of the courts of the state from which
it shall be sent, or appearing shall refuse to answer to such legal inter-
244
depositions.
rogatories as shall be annexed to the said commission, and exhibited
to him, her, or them, it shall be lawful for any of the said commissi* >ners,
or the party upon whose application the commission was issued, to apply
to any judge of the superior courts of this state, or justice of the peace,
of the county within which such person, whose testimony is required,
may reside; and upon producing before him such commission, and
his being satisfied with its regularity, and on affidavit being made of
such refusal, he shall issue a subpoena, in the usual form, directed to
such person, or persons as aforesaid, requiring him, her or them, to be
and appear before the said commissioners, at a certain time and place,
to answer to such legal interrogatories as may be annexed to the said
May have two commission, and then exhibited to him, her or them. Provided, That
days after sub- he, she or they shall not be required to attend such examination, and
pamas. give answers to the said interrogatories wTithin less than two days
after the service of the said subpoena; neither shall he, she or they
be obliged to attend for such examination out of the county where
they reside. And upon due service of the said subpoena upon such
person or persons, the same shall be returned to the commissioners
on or before the time appointed for the examination, and the service
of such subpoena proved by the return of the proper officer; and on
the refusal or neglect of such person or persons to comply with its
fuBaUoobeysuh- mandate, endorsed on or annexed to the said subpoena, and returned
poena. to the court of the county in which such person or persons reside, he,
she or they shall be subject, for such neglect or refusal in all the pains
and penalties to which such person or persons would have been sub-
ject for a similar default, in any cases pending in the courts of this
state.
Sec. 2. The person or persons whose evidence shall be required as
Deponent's eesi shall, if they or any of them require the same, be en-
titled to the same fees or pay as persons summoned to give evidence
in the circuit courts of this state.
180 1.—Chapter 5.
Before whom Section 32. Depositions in equity cases may be taken before the
beuken"8 may Clerk and Master, any judge or justice of the peace, mayor or chief
magistrate of a town or city, not being interested, or of counsel, or
attorney to either of the parties within this or any other state; or
the court may direct depositions to be taken before any other person,
should it be necessary.
inC1iasuingPOsub* Sec. 33. The clerk and master shall have power to issue subpoe-
poenas. nas for witnesses, and commissions to take depositions as of course.
And proof of notice before the clerk and master, shall be as effectual
as if made in court.
Five months Sec. 37. Five months after the replication shall have been filed,
for depositions; shall be allowed the parties for taking depositions and procuring
evidence, unless the parties or their attorneys, shall agree to set the
cause for hearing sooner. At the expiration of the said Jive months
Cause set Tor e^^er party may set the cause for hearing,- nor shall any deposition
heating. taken after that time be read in evidence on the hearing, except by
consent or leave of court.
Sec. 39. After any bill filed, and before the cause shall be at issue,
When taken replication as aforesaid, upon oath made by either party, that his
before issue. or her witnesses are aged or infirm, or going out of the Division
DEPOSITIONS.
245
the clerk and master may issue commissions for taking the examina-
tion of such witnesses de bene esse.
1811.—Chapter 100.
Section 1. In all civil suits that may be brought before any jus- rBefore justice
tice of the peace in this state, and a material witness or witnesses deposition of
reside out of this state, and oath thereof being made, it shall be the witnesses in an-
, „ ., , ,. , : . • , • , • n ,i • other state tak-
duty of said justice to issue a commission to a justice of the peace m en>
the state or territory where such witness resides, to take and return
the deposition of such witness ct witnesses, giving reasonable notice
of the time and place of taking said deposition, which when taken
and returned in the manner aforesaid, shall be received as legal
evidence.
1817.—Chapter 189.
Section 1. In all cases in law or equity, where either plaintiff or Deposition of
defendant is desirous of having the testimony -of the Governor, Sec- governor, jndge,
retary of State, Judges of the Supreme Court, Judges of the Circuit ^c-
Court, Attornyes at Law, Clerks of any Court of Record, Members
to Congress, Treasurer of the State, Registers of the Land Office,
Members of the General Assembly while they are in session, and
Practicing Physicians, it shall and may be lawful for such party or
parties to take their depositions, under the same rules, regulations
and restrictions as depositions are taken in other cases, and said dep-
ositions when so taken, shall be read in evidence in the same manner
as if the deponent or deponents were dead or out of the state.
Sec. 2. When depositions are authorized to be takeri by this act, cierk to issue
it shall be lawful for the clerk of the court, where said cause may be commission,
pending, on the application of either party or their attorney, to issue
a commission for taking said depositions either in or out of term
time, and if out of term time without an order of court, specifying in
said commssion the number of days notice that shall be given for
taking the same, which shall be as follows: for fifty miles or under, Notlcej
five days: from fifty to one hundred miles ten days: any distance
over one uundred, not exceeding one hundred and fifty, fifteen days:
if over one hundred and fifty, not exceeding two hundred and fifty,
miles, twenty days: if over two hundred and fifty, thirty days.
Sec- 3. Any party or parties, who may have any cause pending in
any court of law or equity, and is desirous of taking the deposition in ^jtn^s
of any person who may not live within the limits of the county county. ° *
where the said suit is pending, upon disclosing the fact, upon affida-
vit, the court or any judge of said court, out of term time, may grant
him a commission to take the deposition of such witness, which shall
be read in the same manner as depositions taken under the first sec- 0 ogite art
tion of this act: Provided, if the adverse party should desire to have mayPhavePsaid
such witness examined in open court, he is hereby authorized to have witness subpce'd
him subpoenaed under the same rules and regulations as heretofore
prescribed by law.
246
DEPOSITIONS.
181 9.—Chapter 31.
r , dep0sition in Section 1. In all cases in chancery, the depositions of witnesses
writing. shall be taken in writing, without compelling the personal attendance
of witnesses in any cause whatsoever.
1820.—Chapter 17.
Jailor to give Section 2. When the evidence of any jailor, or keeper of a
deposition. public prison may be required in any court, other than the court of
the county in which he may reside, it shall and may be lawful for the
party desiring the benefit of his evidence, upon affidavit presented
to court, to obtain the deposition of such jailor or keeper of a public
prison, and it shall not be lawful for any party litigant, to take a
forfeiture against any jailor or keeper of a public prison, for non-at-
tendance at any court, except for non-attendance at the court of the
county in which .he may reside: Provided, however, that this act
shall not extend to criminal causes depending in any of the courts of
this state.
18 2 4.—Chapter. 6.
interrogatories Section 1. Depositions to be read in evidence in the courts of
dispensed with, chancery shall be taken without the ceremony of previously filing
interrogatories, and it shall be lawful for both or either of the parties
in any cause depending in chancery, or their agents or attorneys to
attend before the commissioner, judge or justice, who may take any
such deposition, and there have and exercise the privilege of exam,
ining and cros-examining the witness whose deposition may be taken
Sec. 2. (Depositions to be taken on notice. See Notice.)
1826, Ch. 24, {1.—(Clerks authorized to issue commissions to
take depositions. See Clerks.)
18 2 6.—Chapter 78.
when taken Section 2. In all cases in chancery, after any bill is filed and
before issue in before the appearance or answer of the defendant or defendants,
Chaneery. Up0n oath made by the complainant or complainants or either of
them, his or their agent or solicitor before the clerk and master or
any justice of the peace in this state, that the complainant's witness-
es are, or either of them, is aged or infirm, or any one of them is the
only witness to a material fact, the clerk and master shall issue
commissions for taking the depositions of such witness or witnesses,
which depositions shall be read on the final hearing of the cause,
unless the same should be retaken by order of the court, on applica-
tion of the adverse party: Provided, The party praying the
Notice; commission shall give such notice of the time and place of
taking the depositions as the clerk and master may direct, to the
depositions/
247
defendant or defendants, or either of them, if they or either of them
reside within this state: or if they all reside beyond the limits of this
state, thirty days' notice of the time and place of taking the deposi-
tions shall be given in one of the newspapers printed in this state.
18 27.—chapter 81.
Sec. 5. In suits in equity where witnesses reside out of the state
and 150 miles and upwards from the place of trial, their depositions on {nte"r0gato-
may be taken upon interrogatories filed in the clerk's office, as pre- rjes.
scribed by the rule of the supreme court on that subject: Provided,
That if one party take depositions in that way, the other party may
take the depositions of the same witnesses; and, provided further,
that in all cases parties may take depositions as heretofore.(a)
1833, Ch. 30, §1.—(Deputy clerks authorized to issue commiss-
ions. See Clerk of Circuit Court.)
1835, Ch. 17, § 7.—(Depositions of Notary Public may be taken
at any time. See Notary Public.)
DESCENTS.
17 8 4.—Chapter 22.
Whereas it will tend to promote that equality of property which is of preambie.
the spirit and principle of a genuine republic, and that real estate
of persons dying intestate should undergo a more general and
equal distribution than has hitherto prevailed in this state:
Section 2. When any person shall die seized or possessed of, or
having any right, title or interest in and to any estate, or inheritance 0fdecent'rUl<J
of land, or other real estate in fee simple, and such person shall die in-
testate, his or her estate or inheritance shall descend in the following To the sons
manner, to wit: to all the sons to be equally divided amongst them, and equally and for
for want of sons, to all the daughters to be divided amongst them Jaughters80"8 t<J
(a) Notice of the time and place of taking depositions should designate the name3 of witnesses, or they can-
not be read: 1 Ten?t. 172.
2. When witnesses reside at a considerable distance, two days may be appointed for taking their depositions,
which may be read if taken on the first day, unless some unfairness appears. 1 Tenn. 296.
3. If a notice be given to take the deposition of John Priestly, and the name of John G. Priestly be signed to it,
the deposition may be read. Cooke 162.
4. If the suit is rightly named in the commission, but not mentioned in the deposition, but stated to be in
pursuance of the commission, it will be sufficient. 5 Hay. 28.
5. Notice to take deposition may be left at the residence of the opposite party, if he be in the house and con-
ceals himself, or if he be in the neighborhood. Otherwise if he be in a distant part of the state or in another
tate. If in the state there must be personal service. If out of the state, notice must be on the attorney and
by leaving a notice at hie residence also. 5 Hay io$
1'iiibCEN it*
equally, share and share alike, as tenants in common in severalty,
and not as joint tenants, other than such son or daughter as shall
have lands settled on him or her by his or her deceased parent in lee
simple, equal to the share which shall descend to the other sons or
daughters, as the case may be, respectively: and in case any son or
daughter shall have lands settled on him or her by his or deceased
Provision as to parent, not equal to the share which shall descend to such sons or
inlands'*VaUCe<* daughters, as the case may be, respectively, as aforesaid, then so
much of the lands or other real estate of the deceased shall descend
to such son or daughter, so provided for, as will make the estates of
all the children entitled by this act to the inheritance, as nearly
equal as can be estimated; and each and every of the children of lhe
deceased, so inheriting, shall have, hold, and enjoy, in the land so
Liueais to re- descending, such estate as the said deceased had and held in the
present parent. game at the time of his decease: Provided, that if any child of such
intestate shall have died in the lifetime of the parent, his or her lineal
descendants shall be held to represent their parent, and shall stand in
the same place he or she would have done, and shall be entitled to
the same portion of the estate of their grandfather or grandmother,
that their father or mother would have been entitled if living; (a)
such part or portion to he divided amongst the sons, and for want of
sons among the daughters, as tenants in common in severalty, and
not as joint tenants.
And whereas it is almost peculiar to the law of Great Britain, and
Preamble. founded in principles of the feudal system which no longer apply in
that government and can never apply in this state, that the half-
blood shall be excluded from the inheritance: therefore,
Sec. 3. If any person dying intestate should, at the time of his or
her death, be seized or possessed of, or have any right, title or inte-
Land ofintes- rest, in or to any estate or inheritance in lands or other real estate in
^ee simP*e5 an(l without issue, such estate or inheritance shall de-
thers and sisters scend to his or her brothers, and for want of brothers, to his or her
of whole & half sisters, as well those of half blood or those of whole blood, to be di-
blood' vided amongst them equally, share and share alike, as tenants in
common and not as joint tenants, and each and every of them shall
have, hold, and enjoy in their respective parts or portions such estate
or inheritance as the intestate died seized or possessed of, or entitled
Proviso. unto: Provided, that when the estate shall have descended on the
Paternal bro- Part °f th® father, and the issue to whom such inheritance shall have
thers and sisters descended shall die without issue, male or female, but having bro-
fefrredbl0°d tor* t*iers or sisters of the paternal side of the half blood, and brothers or
naL]6 t0 ma 6r sisters of the maternal line, also of the half blood, such brothers and
sisters respectively of the paternal line shall inherit in the same
manner as brothers and sisters of the whole blood, until such pater-
nal line is exhausted of the half blood; and the same rule of descent
and inheritance"shall prevail amongst the half blood of the maternal
line, under similar circumstances to the exclusion of the paternal
Proviso. line: Provided also, that if any brother or sister of the intestate shall
brothers^&c1 to ^ave died i*1 lifetime of the intestate, leaving issue male or fe-
represent their Male, such issue shall represent their deceased parent, and stand in
parents. the same place, he or she would have done if living, and shall he en-
(a) A died,leaving as his heirs at law, the daughter of one deceased sister, and two nephews and two
nieces, the ciiildren of anotherjicceased sister, it was held that the lands descended psr stirpes and not per
capita. 5 Ysrg- 369.
DESCENTS.
249
titled to the same part or portion of the estate of his or their uncle or
aunt, as his or their father or mother would have been entitled to if
living (a) such part or portion to be divided amongst such represen-
tatives, if more than one, among all the sons, and for want of sons
among all the daughters equally, share and share alike, as tenants in
common and not as joint tenants. (&)
Sec. 4. The same rules of descent shall be observed in lineal de- same rules as
scendants and collaterals respectively, when the lineal descendants t0 collateraIg-
shall be further removed from their ancestors than grand children,
and when the collaterals shall be further removed than the children
of brothers and sisters, (a)
And whereas by the law of descents as it now stands, when any Preamble,
person seized of a real estate in fee simple dies intestate without
issue, and not having any brother or sister, such estate descends to
some collateral relation, notwithstanding the intestate may have pa-
rents living, a doctrine grounded upon a maxim of law not founded in
reason, and often iniquitous in its consequences: therefore
Sec. 7. In case any person dying intestate, possessed of an estate intestate with
of inheritance without leaving any issue, or not having any brother °^riss^® °Jisbt™'
or sister, or the lawful issue of such, who shall survive, the estate of land t0 g010 pa'
such intestate shall be vested in fee simple, in his or her parent from rent from whom
whom the same was derived; or if such estate was actually pur- descended,&c.
chased, or otherwise acquired by such intestate, then the same shall
be vested in the father of such intestate, if living, but if dead, then in
the mother, of such intestate and her heirs, and if the mother of the
intestate should be dead, then in the heirs of such intestate on the
part of the father, and for want of heirs on the part of the father, then
to the heirs of the intestate on the part of the mother. (b)
Oct. 17 84.—Chapter 10.
Section I. Whereas doubts have been suggested that the act of
1784, chapter 22, leaves it at least uncertain whether brothers of the Preamble,
half blood shall be entitled to succeed to the inheritance in the same
manner as sisters do where there is no brother, nor the issue of any
such, to remedy such doubts.
Sec. 2. Be it enacted, That in the third section of the said act, it Brothers of
was the intention of the legislature to let in the brothers of the half ha'f blood let in
blood equally with the brothers of the whole blood, and for want of a Wlth brothers of
(b) The acts of 1784, chapter 22, sections 3 and 7, and 1784, chapter 10, section 3, have three grand ob*
jects; to destroy primogeniture; to destroy the indivisibilit v of real estate; and to preserve real estate in the
blood of the transmitting ancestor. 2 Yerg. 115.
2. A died, leaving a wife and two sons; he devised to the sons his lands in fee; the wife married again,
and by hersecond husband had a daughter; one of the sons then died intestate without issue. It was held,
that the surviving brother was entitled by descent to all the lands devised in exclusion of his sister of the half
blood. 2 Yerg. 115,
3. Lands derived from the father by descent, upon the death of the son without issue, shall go to his pater-
nal brothers and sisters of the whole and half blood. 2 Yerg. 115
4. Lands which the son derived from the father by gift, upon the death of the son in the life-time without
issue, will vest in the father; but if the father be dead before the son, then they will vest in the heirs on the
partof the father. 2 Yerg.115.
5. Where the estate comes from the father, whether by will or descent, upon the death of the son without
issue, the estate will descend to the heirs on the part of the father. 2 Yerg. 115.
6 If a son purchase or otherwise acquire land, (that is, by will or gift from a stranger,) and the son die
without child or brethren, and the father be dead, the inheritance shall descend to the heirs on the part of the
father. 2 Yerg. 115.
7. Lands acquired by descent from the father, do not upon the death of the child intestate und without
issue, vest in the mother for lifei 4 Yerg. 308.
33
250
descents.
whole blood, and brother or brothers, or any lawful issue of such brother or brothers,
for want of such t^en to the sisters as wellof the half as the whole blood.
° sis ers. Whereas by the seventh section of the said act real estate actually
Preamble. purchased or otherwise acquired by any intestate, are to descend to
the father if living, but if dead then to the mother of such intestate
and her heirs, by which the descent may be altered by the accident of
death, and the parental line which is favored in all other instances may
be deprived of the inheritance by such accident, for remedy whereof:
Kuie where ®EC* case °f the death of any person intestate, leaving any
intestate has no real estate actually purchased or otherwise acquired, and not having
the™ &°T br° any heirs °f his body nor any brother or sister or the lawful issue of
ers' *°' such, then such estate shall be vested in the father of such intestate
if living, but if dead, then in the mother for life, and after the death
of the mother, then in the heirs of such intestate on the part of the
father, and for want of heirs on the part of the father, then in the
heirs of the intestate on the part of the mother forever, (b)
1 7 9 6.—Chapter 14.
• Lands to be Section 1. All real estates of inheritance, as well as personal,
equally divided shall descend to, and be divided between brothers and sisters, as
and^sisterak'of we^ Wood as of the whole blood, in the same proportion as
whoie^n™ha°f ^ave heretofore been divided between brothers of the whole and
blood. half blood only; and in the same manner to collateral heirs for want
of such brothers or sisters; and that all and every act or acts, here-
tofore in force and use in this state, shall be and they are hereby re-
pealed, so far as they come within the purview and meaning of this
act. (c)
1809, Ch. 53, §1.—(Aliens excluded from taking real estate by
descent. See Aliens.)
1819.—Chapter 13.
(illegitimate Section 1. When any woman shall die intestate, leaving natural
children to inhe- born child or children, and no legitimate child or children, such natu-
tatem°ther'S ra* k°rn child or children shall take by the general rules of descent
a e* and distribution, the estate real and personal of his, her, or their mo-
ther, and should either of such children die intestate without child,
his or her brothers and sisters shall in like manner take his or her
1823 .—Chapter 28.
Section 1. Where any person shall hereafter, by last will and
Child bom af- testament, dispose of his property, and the same shall contain no provi-
ter father's d'ath sjon for any child, or children, born after the making thereof, whe-
share C an CqUa ther before or after the death of the father, and such child or chil-
dren be neither provided for nor disinherited, but only pretermit-
(c) The third and seventh sections of the act of 1784, chapter 22, and the third section of 1784, chapter
10, are not repealed by the act of1796, chapter 14. 2 Yerg. 115.
2. This act was merely intended to let in sisters of the whole and half blood, to share equally with brothers
of the whole and half blood. 2 Yerg. 115.
3. In cases where brothers of the half blood could not inherit under the acts of 1784, neither brother nor
lister of the half blood can inherit under the act of 1796. 2 Yerg. 115.
DESCENTS.
251
ted, in said will, nor any provision made for them by settlement, such
child, or children, shall succeed to the same portion of the father's
estate, as he, she, or they would have been entitled to, if the father had
.died intestate; toward raising which, the devisees and legatees, and
other heirs, shall contribute, in the proportion that their respective
devises, legacies, or settlements, may bear to the whole estate of the
testator, out of the parts devised and bequeathed to them by the said
last will and testament, or previous settlement on them by the said
testator.
Sec. 2. Such proportion may be recovered by petition in the Share recover.
chancery court, and such petition may be filed jointly against the ed by petition.
executor, and any of the other children who may have received their
interest under the will, or who may have been provided for by set-
tlement.
18 2 5.—Chapter 15,
Section 1. It shall not be lawful for any child of color to inherit
the estate of its mother's husband, or any part thereof: Provided, no^o inherit!°r
that this act shall not be construed to extend to cases where the hus-
band is himself a man color, nor shall it be construed to extend to
cases where the mother is a woman of color.
DISTRIBUTION OF ESTATES.
1715.—Chapter 48.
Section 6. A settlement, or advancement to children, shall be ad- (Advancements
judged to the value it was worth at the time of the settlement or how valued,-i
advancement.
17 6 2.—Chapter 5.
Section 23. All legacies, filial portions, distributive shares, of intes- Manner of
tate's estates, sum or sums of money, or other estate, due or owing recovering lega-
from any person appointed guardian to any orphan, or from any exe- por"
cutors or administrators, or other person whatsoever, shall and may °nS,petition in
be recovered by petition to the chancery court; and in all suits by Chancery,
petition as aforesaid, in the said court, the following rules and meth-
ods shall be observed, to wit:
The petitioner shall file his petition in court, upon exhibiting the Rules for ob-
same, and thereupon summons shall be issued by the clerk of course; t^^lare ^r"'
and upon the defendant's being served therewith, and with a copy of fiiai portion,
the said petition, he shall appear and put in his answer or plea, upon
oath or demur.
Upon on answer, plea or demurrer being filed as aforesaid, the peti-
tioner may move the court to have the same set for hearing, and
262
distribution of estates.
immediately argued; and thereupon the court shall proceed to hear
and determine the same according as the matter in equity and law
shall appear to them, without regard to form or want of form in the
petition, process, or course of proceedings.
Upon the defendant's being served with a summons, and a copy of
the petition, ten days before the court to which such summons is re-
turnable, and oath made thereof, if he shall fail to appear and plead,
answer or demur, as aforesaid, the petitioner's petition shall be taken
pro cortfesso, and the matter thereof decreed accordingly with costs;
unless on special reasons shewn to and approved of by the court,
time shall be allowed such defendant to file such plea, answer or
demurrer.
Upon the petitioner dismissing his petition, or the same being dis-
missed for want of prosecution, he shall pay costs.
And if any defendant shall appear on such summons, and shall
obstinately refuse to answer the petition of the petitioner, the same
shall be taken pro confesso, and the matter decreed as aforesaid.
Every defendant shall be at liberty to swear to his answer or plea
before any justice.
When a plea or demurrer shall be overruled, the defendant shall
file his answer the same court.
When the petitioner shall be minded to disprove the answer of the
defendant, and support his claim, he may reply.
Commissions to examine witnesses may be awarded by the court
after replication filed, the party taking out such commissions giving
the adverse party ten days notice of the time and place of executing
the same.
Upon a decree being made on any such petition, it shall and may
be lawful for the court, who shall make the same, to grant execution
against the defendant's goods and chattels, lands and tenements, for
satisfying such decree and costs.
176 6.—Chapter 3.
Section 1. Every person or persons, to whom administration on
Mode of distri- the estate of any person deceased shall be granted, shall distribute
estate^. ntestate the surplus of such estate in manner following; that is to say, one
third part of the said surplus io the wife of the intestate, (altered by
1784, ch. 22, sec. 8,) and all the rest by equal portions to and amongst
the children of such person dying intestate; and such persons as
legally represent such children, in case any of the said children be
then dead, other than such child or children (not being heir at law,)
who shall have any estate by the settlement of the intestate, or shall
be advanced by the intestate in his lifetime, by portion or portions,
equal to the share which shall by such distribution be allotted to the
other children to whom such distribution is to be made. And incase
any child, other than the heir at law, (all the children are made heirs at
luw hy act of 1796, ch. 14,) who shall have any estate by settlement,
easePofViSsettiT- ^rom sa^ intestate, or shall be advanced by, the said intestate in
ment, his lifetime, by portions equal to the share which shall be due to the
other children by such distribution as aforesaid, then so much of the
surplus of the estate of such intestate to be distributed to such child
orchildien as shall have any land by settlement from the intestate,
DISTRIBUTION OF ESTATES.
253
or were advanced in the lifetime of the intestate, as shall make the
estate of all the said children to be equal, as near as can be estimat-
ed; but the heir at law, notwithstanding any land that he may have
by descent or otherwise from the intestate, is to have an equal part
in the distribution with the rest of the children, without any consider-
ation of the value of the land which he hath by descent or otherwise
trom the intestate. And in case there should be no children, nor any w.fe°"e ^al^1°
legal representatives of them, then one half of the said estate to be ^en or legal rej
allotted to the wife of the intestate; the residue of the said estate to presentatives, &
be distributed equally to every of the next of kin of the intestate, ^.sjcd.^e to next
who are in equal degree, and to those who legally represent them: 0 in'
Provided, that there be no representatives admitted amongst collate-
rals, after brothers' and sisters' children; And in case there be no
wrife, then all the said estate to be distributed equally to and, amongst t0 chndren^nd
the children; and in case there be no child, then to the next of kin- if neither,' then
dred, in equal degree, of or unto the intestate, and their legal repre- to the next of
sentatives as aforesaid, and in no other manner whatsoever. And if kin" Chi]d dying
after the death of the father, any of his children shall die intestate, aft'r father,oth'r
without wife or children in the lifetime of the mother, every brother children, and
£nd sister, and the representative of them, shall have an equal share j^aiiy*0 share
with the mother, of the estate of the child or children, rso dying
intestate.
178 4.—Chapter 22.
Section 8. If the husband shall die leaving no child, or not more no child, or
than two, then and in that case, the wife shall be entitled to one third not more than
part of the personal estate (altered by 1827, ch. 14;) but if such hus- J^'ife0I!^terei
band shall die leaving more than two children, then such widow shall by 1827.ch. 14.)
share equally with all the children, she being entitled to a child's
part.
Sec. 9. (Mode of laying off distributive share te widow. See
Dower.)
1819, Ch. 13,5 1. (Natural born children authorized to take the
estate, both real and personal, of their mothers, by the general rules
of descent and distribution. See Descents.)
18 2 7.—Chapter 14.
Section 1. When any person shall die intestate, leaving no legiti- Entitled to one
mate child or children, nor the descendants of such living, but leav-
ing a widow, then and in that case said widow shall be entitled tion to dower, in
to one half of the personal estate of her deceased husband absolutely, certain cases,
in addition to the dower of real estate heretofore allowed her by law;
which said half of the personal estate, she may sue for and obtain in
the manner heretofore prescribed by law.
Sec. 2. Nothing in this act shall be so construed as to affect the Not to affect
rights of creditors, but intestate estates shall be subject as here- creditore.
tofore to the payment of debts, any thing in this act to the contrary
notwithstanding.
254 distribution or estates.
1 8 2 9.—Chapter 36.
Section 1. When any person shall have any right, title or inter-
est, in and to any estate of inheritance of lands, or other real estate,
in fee simple; and such persons shall die intestate, said lands shall
descend as heretofore; and the goods and chattels of the persons so
dying intestate, shall be administered, and distributed as heretofore,
other than to such son or daughter, as shall have been advanced in
goods or chattels in the lifetime of his or her parents, a portion more
than equal in value, to the share which shall, by distribution, be al-
lotted to the other children of the intestate; in which case no farther
distribution of the goods and chattels of the esta te shall be made to
such advanced child, and the overplus advanced to him or her, shall
be brought into contribution, in partition of the lands descended from
said ancestor, and so much abated from the share of the child who
has been advanced, as will make said share of lands, added to the over-
plus advanced in goods and chattels, equal in value to the shares parti-
tiorted to the other heirs: Provided, any child of the intestate should
have died during the lifetime of the parent, the lineal descendants
shall represent such deceased child as by the statutes of descents and
distributions is provided.
Sec. 2. All courts having jurisdiction to partition real estates, and
order distributions amongst heirs and distributees, shall have full
power and authority to cause accounts to be taken, and valuations of
lands to be made, so as to carry into effect the provisions of this act.
1833, Ch. 36. (The mode of dividing and distributing the estates
of persons dying insolvent. See Insolvent Debtors.)
DISTRICTS.
constitution. article vi. section. 15.
18 3 5.—Chapter 1.
Section 1. There shall be appointed by joint resolution of both
Commissioners branches of the General Assembly, five suitable persons as commis-
to toy 8off°cound si°ners m ea°h county in this state, a majority of -whom shall be
tiisintod'stricts. competent to act, to lay off the respective counties into districts of
convenient size, regard being had both to territory and population,
for the purpose of electing justices of the peace and constables
therein; and said commissioners shall receive for their services
Compensation suc^ compensation as the county court in their discretion may allow,
to be paid out of any moneys in the county treasury not otherwise
appropriated.
Sec. 2. The commissioners aforesaid, or a majority of them, in
Their duty. eacjj COunty in this state, shall have full pow er and authority to lay
off their counties into districts for the purpose aforesaid; and in lay-
ing off the same shall be governed by the following ratio of popula*
Descent as
heretofore;
Distribution as
heretofore, ex-
cept as to child
advanced.
Contribution.
Proviso.
What courts
to have jurisdic-
districts.
255
tion, to wit: Each county which contains three thousand qualified Districts accord-
voters or upwards, according to the enumeration of 1833, shall be ing to ratio of
laid off into twenty-five districts; each county which contains P°Pulatl0n-
twenty-five hundred qualified voters and under three thousand, shall
be laid off into twenty districts; each county which contains two
thousand qualified voters, and under twenty-five hundred, shall be
laid off into seventeen districts; each county which contains fif-
teen hundred qualified voters and under two thousand shall be laid
off into fifteen districts; each county which contains one thou-
sand qualified voters and under fifteen hundred, shall be laid off into
twelve districts; each county which contains seven hundred qua-
lifted voters and under one thousand, shall be laid off into ten dis-
tricts; each county which contains less than seven hundred qua-
lifted voters, shall be laid off into eight districts: which districts,
when laid off as aforesaid, shall remain fixed and permanent until the
General Assembly shall otherwise direct.
Sec. 3. There shall be two justices of the peace and one consta- Two justices-
ble elected in each district by the qualified voters therein, except
districts including county towns, which shall elect three justices and trjc™ eac 1 18~
two constables: Provided, that the corporation of the town of
Nashville shall compose one district, and that six justices of the peace
and two constables, shall be elected for the county of Davidson, to
reside within said district, and the other districts in said county shall
be laid off, and justices ejected as required by this act.
Sec. 4. The commissioners aforesaid shall, at the time of laying
off said districts, designate a suitable place, as near the centre of
each district as practicable, for the purpose of holding elections for District election
the election of the officers aforesaid, and other county officers, and grounds.
which shall continue to be'the place for holding elections in said dis-
tricts until altered or removed by a majority of the qualified voters
residing therein.
Sec. 5. In laying off said districts, the commissioners shall bound
the same by county lines, rivers, creeks, branches, mountains, ridges, Diat"ct bound#
roads, (public and private,) section or range lines, or such other
marks, natural or artificial, as to said commissioners shall seem ne-
cessary and proper to make said bounds notorious: Provided, that
said commissioners shall not be authorized to employ surveyors in
designating said boundaries.
Sec. 6. It shall be the duty of said commissioners in each and To be
every county in this state, to number each and every district, and to 0 6 num ere
make out a complete record of the boundaries of each when laid off
under their hands, and also a copy of the same, one of which shall be
filed in the office of the county court clerk in which it is situated, and
the other shall be forthwith transmitted to the office of the Secretary
of State, directed to that officer, and it shall be his duty carefully to
preserve the same in his office.
Sec. 7. Said commissioners shall make out two fair ideal plats of piat# to be mad#
their respective counties, and of their respective districts in each as
laid off by them; one of which shall be returned to the office of the
Secretary of State, and the other shall be returned to the office of the
county court clerk, and to be by him recorded for the use of the pub-
lie, or any individual who may wish to examine the same.
Sec. 8. Said commissioners, before they enter upon the duties Oath required r
hereby prescribed, shall take an oath before some justice of the peace
lUSTRlt/lS.
faithfully and impartially to perform the service* required by thi
act.
Further duties ®EC* ^ duty of said commissioners to proceed forth
of commission- with, so soon as they receive notice of their appointment, to perform
ers, clerks, &c. the duties herein assigned them, and lay off the districts provided for
in this act. And as soon as the commissioners shall have divided and
laid off their respective counties, and reported the same as provided
for in this act, it shall be the duty of the clerks of the county courts
to make out a fair copy, clearly setting forth the boundaries of each
district in their respective counties, signed and certified as such, and
deliver said certificates to the officers of the districts respcctiv ely,
who may be authorized to hold the elections for constables and jus-
tices of the peace as provided for in this act, who shall deliver said
certificates to the judges of the elections to be held in their respective
districts,* and it shall be the duty of said judges to have said certifi-
cates filed in the office of one of the justices of the peace in their
respective districts.
Sec. 10. The sheriffs or coroners of the respective counties in this
Of elections, state, shall, on the first Saturday of March 1836, open and hold an
election for justice of the peace and constable or constables, as the
case may be, at the place designated by said commissioners for hold-
ing elections in said districts, after having given ten days notice
thereof by advertisement at three of the most public places in the
respective districts.
Sec. 16. The justices of the peace and constables of this state,
shall hold their offices until the elections provided for by this act shall
constables8 a"o ta^e place5 and until the officers so elected shall be duly qualified,
hold their offices and no longer,
till new elections
DIVORCES.
181 9.—Chapter 20.
Section 2. When any marriage hath heretofore or may hereafter
nant°with child celebrated in this state, and a separation hath or may ensue,
of color at mar- upon sa tisfactory proof being made to the court, according to the
riage cause ofdi- rules herein and heretofore prescribed, that said woman was in a
vorce' state of pregnancy with a child of color at the time of said marriage,
it shall and may be lawful for said court to grant a divorce as in
other cases.
18 3 1.—Chapter 20.
Female peti. Sec. 1. In all cases where females prefer their petitions to court to
tioners to give obtain divorces under the laws of this state, they shall, before any pro-
security. cegg jssue on their application, procure bond and good security to
be given for the payment of the cost consequent upon their application
in case they fail to prosecute their suit with effect, which shall be by
DIVORCES.
257
obtaining a decree dissolving the bonds of matrimony at the time ex-
isting between them and their husbands; and should there be a fail-
ure to prosecute the suit to such a decree, those bound for the cost
shall be required and compelled as heretofore to pay the same; but
should the court after an examination of the case, find the applicant
to be entitled to a divorce, and decree the same, judgment shall be
rendered against the defendant f-r the costs in the first instance—
and in no event shall they become chargeable upon a female in
whose favor a decree granting a divorce may be made.
In all applications for divorces where, by the existing laws, publi-
cation in some newspaper is required, in case the applicant be a fe-
male, such publication may be dispensed with, and the filing of the
petition in the clerk's office, and the issuance of a subpoena for the
defendant and placing the same in the hands of the sheriff of the
county in which the suit is instituted three months before the time
at which it is re tumble, shall be deemed to answer all the purposes
of publication as now required by law—Provided, that nothing con-
tained in this act, shall be construed to excuse the officer into whpse
hands the subpoena or other process may be placed from executing
the same where he has it in his power to do so.
18 35.—Chapter 26.
Section 1. Where a marriage has heretofore been or may be here-
after contracted and celebrated between any two persons, and it shall
be adjudged in the manner hereinafter mentioned, that either party
at the time of the contract was and still is, naturally impotent and in-
capable of procreation, or that he or she has knowingly entered into
a second marriage in violation of a previous vow made to a former
wife or husband, whose marriage is still subsisting, or in cases of
adultery already committed or hereafter to be committed by a hus-
band or wife, they being inhabitants of this state at the time of com-
mitting such adultery, or when the marriage shall have been solem-
nized or taken place in this state, and the party injured by such
adultery shall be an actual resident in this state at the time of the
adultery being committed, or incase of wilful and malicious desertion
or absence by either husband or wife without a reasonable cause,
for the space of two whole years, and when the parties at the time
were inhabitants of this state, and the party injured by such wilful
and malicious desertion or absence, shall be an actual resident in this
state at the time of such wilful and malicious desertion or absence, in
every such case it shall and may be lawful for the innocent and in-
jured person to obtain a divorce from the bonds of matrimony.
When any person being husband or wife and an inhabitant of
this state, has been or shall be guilty of any crime which by the
law of this state renders the guilty person infamous, the same shall
be considered good cause of divorce from the bonds of matrimony;
Provided, that the proof ot guilt shall be the record of conviction.
Sec. 2. Whenever any person shall have heretofore, bona fide, re- Further cause.'
moved to this state and become a citizen thereof, and shall have re-
sided here for the space of two years, and the wife of such person
shall without reasonable cause refuse to remove, and wilfully absent
herself from her husband for the space of two years, such ab-
34
If she succeed
to pay no costs.
Publication
dispensed with,
in case of females
What shall be
cause for divorce
258
DIVORCES.
sence and desertion shall be a lawful cause of divorce from the bonds
of matrimonyj Provided, that the husband making application
for a divorce, shall prove that he has used endeavois to indue e
his wife to live with him after separation: and provided further, that
the husband shall also prove by his affidavit or otherwise, that he did
not remove from the state where his wife resided for the purpose of
obtaining a divorce.
Sec. 3. If any person has been or hereafter shall be injured in any
of the ways mentioned in the first or second section of this act, the
hushand or wife in their own proper person and name may exuibit
his or her bill in the circuit court or any court having and exercising
equity jurisdiction in this state, setting forth particularly and special-
ly the causes of his or her complaint, and praying for a divorce from
the defendant, and for such other and further relief as he or she may
think himself or herself entitled to under and by virtue of this act, or
praying for a divorce only as the complainant may think fit, and upon
the exhibition of such bill, the complainant shall be entitled to the
usual process to compel the defendant to appear to and answer the
said bill, and such proceedings may be had upon the said bill as ac-
cording to law and the course and practice of the said court in other
cases will entitle the complainant to have his or her bill taken for
confessed against the defendant, and the same may be taken for
confessed accordingly.
Sec. 4. The complainant shall together with the bill, also exhibit
an affidavit taken on oath or affirmation before some justice of the
peace within the county where he or she resides, or one of the judges
of said court, or before the cferk of said court, that the facts contained
in said bill are true to the best of his or her knowledge and belief,
and that said complaint is not made out of levity, or by collusion with
the defendant, bqt in sincerity and truth for the causes mentioned in
said bill.
Sec. 5. The defendant in said bill shall appear according to the
answer. rules of the court and answer the same upon oath or affirmation, or
plead or demur to the same; and if the defendant shall by answering-
deny the facts charged in the bill, the court may thereupon, at
the request of either party direct a feigned issue or issues to be
made up for trial by a jury, of the fact or facts charged by the com-
plainant and denied by the defendant, and shall make the ne-
cessary orders for the triql of the said issue or issues, at some circuit
court to be held by a circuit judge of this state, and a new or farther
trial of said issue or issues may be awarded, if the court wherein said
bill may be filed should deem the same necessary to do justice be-
tween the parties.
Duty of court to Sec. 6. If the defendant shall by answer admit the adultery, or
th" fect°Bdmit' ot^er ^acts charged against him or her in the bill, or if the bill shall
ted> " be taken as confessed against the defendant, it shall in either case, be
the duty of the court, before any decree dissolving the marriage shall
be pronounced, to hear proof of the adultery or other facts charged
in the bill and relied upon as the ground for divorce, and then either to
dismiss the same or grant a divorce agreeably to the prayer thereof,
as the justice of the case may require.
Redress to be
bad in circuit
or chanc'ry c'rt.
Complainant to
make affidavit.
DIVORCES.
259
Sec. 7. If it shall "satisfactorily appear to the court either by the or decree of
trial of such feigned issue or issues, or by the proofs heard by the divorce and its
court, that the defendant has been guilty of the adultery or of the condltion"
other facts charged against him or her in the bill, and which shall be
such as are mentioned and specified in the first or second sections of
this act, it shall be lawful for the said court to decree that the mar-
riage between the parties shall be dissolved and each party freed
from the obligations thereof, or that the marriage is null and void
agreeably to the prayer of said bill, and after such decree nullifying
or dissolving the marriage, all and every the duties, rights and
claims accruing to eitherMof the said parties at any time theretofore in
pursuance of said marriage, shall cease and determine, and the said
parties shall severally be at liberty to marry again in the like manner
as if they had never been married; Provided, that it shall not be
lawful for a defendant who has been guilty of adultery to marry the
person with whom said crime was committed during the life of the
former husband or wife: and Provided, also, that such dissolution of
the marriage shall not in any wise affect the legitimacy of the chil-
dren thereof.
Sec. 8. If any husband or wife, shaft, upon a false rumor apparent- of absence of
ly well founded, of the death of the other, where such person has
been absent for the space of two whole years, has married or shall other,
marry again, he or she shall not be subject to the pains of adultery,
but it shall be at the election of the party remaining single, at his or
her return, to insist to have his or her former wife or husband re-
stored, or to have his or her own marriage dissolved, and the other
party to remain with the second husband or wife; and in any suit or
action instituted for this purpose within one year after such return,
the court shall sentence and decree accordingly.
Sec. 9. In any action or suit commenced for divorce for the cause a bar to divorce
of adultery, if the defendant shall allege and prove that the complain-
ant has been guilty of a like crime, or has admitted the defendant in-
.to conjugal society and embraces after he or she knew of the crimi-
nal act, or that the complainant, if the husband, allowed of the wife's
prostitutions and received hire for them, or exposed his wife to# lewd
company, whereby she became ensnared to the crime afoz'esaid, it
shall be a good defence and a perpetual bar to the same.
Sec. 10. If a wife is the complainant in such suit, wherein a de- Maintenance
cree dissolving the marriage as aforesaid shall be pronounced, it ^?f®:^eq„fr"^nd
shall be lawful for the court to make a further decree or order against
the defendant, compelling him to provide for the maintenance of the
children of the marriage, if any there shall be, and to provide a sui-
table allowance to the complainant for her support as to the said
court shall seem reasonable and just, having regard to the circum-
stances of the parties respectively, and to order such defendant to
give reasonable security for such maintenance and allowance, and
upon his neglect or refusal to give such security as shall be required
of him, or upon default of him and his surety to provide such mainte-
nance and allowance, to sequester his personal estate, and the rents
and profits of his real estate, and to appoint a receiver thereof, and
cause such personal estate and the rents and profits of such real es-
tate to be applied towards such maintenance and allowance, (or to
such maintenance or allowance) as to the said court shall from time
to time seem just and reasonable.
260
DIVORCES.
Wife's property Sec. 11. If a wife is complainant in any suit wherein a de< 'ree dibsol v-
to remain with ing the maniage as aforesaid shall be pronounced, and she bhall, at the
her /V^t bC t*me Pr°i°uncing such decree, be owner of any lands, tenements
comp a an . Qr hereditaments, or have in her possession any goods or chattels, or
choses in action, which were left with her by her husband, which she
may have acquired by her own industry, or which may have been
given to her by devise or otherwise, or may have come to her, or to
which she may be entitled by the decease of any relation intestate,
she shall be entitled to the absolute enjoyment of such real estate
and to the entire dominion and control of such goods and chattels,
and choses in action against the defendant in the suit, and may sue
for and recover the same in her own name: Provided, however, that
nothing herein contained shall be so construed as to affect the rights
of creditors, who are such before such decree was pronounced.
Wife's property Sec. 12. If a husband is complainant in any such suit, wherein a
to remain with decree dissolving the marriage as aforesaid shall be pronounced, and
comptafnant? be the defendant shall at the time of pronouncing such decree, be the
owner of any lands, tenements or hereditaments in her own right, the
complainant's right to and interest therein, and to the rents and pro-
fits thereof, shall not be taken away or impaired by such dissolution
of the marriage, but the same shall remain to him as though the mar-
riage had continued, and he shall also be entitled to such personal es-
tate and choses in action as may belong to or be in the defendant's
possession at the time such decree shall be pronounced, in like man-
ner as though the marriage had continued, and may sue for and re-
cover the same in his own name.
When wife not Sec. 13. A wife being a defendant and convicted of adultery or
d°owerentitled*t0 any °f facts mentioned in the first section of this act, and for
which the marriage is dissolved shall not be entitled to dower in the
complainant's real estate or any part thereof, nor to any distributive
share in his personal estate, on his dying intestate, or to alimony.
What Bhall Sec. 14. Whenever a married woman shall exhibit a bill against
constitute a resi. her husband by virtue of this act, she shall not be deemed a resident
dence' or an inhabitant of any other state or county, merely because her
husbqnd shall reside or inhabit in such other state or county, but her
being an inhabitant of this state shall be determined by the fact of
her abiding in this state.
When a wo- Sec. 15. When any woman shall be divorced as aforesaid, and
l^Mteher^ajid' afterwards openly cohabit at bed and board with the person
na 811 * named in the bill, or prove to be the partaker in her crime, she shall
not, and she is hereby declared incapable to alienate, directly or in-
directly any of her lands, tenements or hereditaments, but all deeds,
wills, appointments and conveyances thereof, shall be absolutely
void and of no effect; and after her death the same shall descend and
be subject to distribution in like manner, as if she had died seized
thereof intestate.
citizens only Sec. 16. No person shall be entitled to a divorce from the bonds
are entitled to di. of matrimony by virtue of this act, who is not a citizen of this stat \
voree. and who has not resided therein at least one whole year previour to
filing his or her bill. (6)
(6) It is notnecessary that a petitioner for a divorce, when citizenship is established should be a resident
in the state for one whole year, immediately preceding the filing of the petition. Necessary absen p on busi
ness or for health, with an intention of returning and residing in the state will not be a bar. 5 \ erg, 20J
DIVORCES.
261
Sec. 17. The court shall award costs to the party in whose behalf of costs,
the sentence or decree shall pass, or that each party shall pay his or
her own costs as shall appear reasonable and just.
Sec. 18. It shall and may be lawful for any married woman, she Application to
and her husband being inhabitants of this state, or where the mar- be made to court
riage shall have been solemnized, or taken place within this state, °f equity,
and she being an actual resident therein at the time of exhibiting a
bill as hereafter mentioned, to exhibit a bill in any court of this state
having and exercising equity jurisdiction, against her husband, com-
plaining of cruel and inhuman treatment of her by him; or such
conduct on the part of the husband towards his wife as may render
it unsafe and improper for her to cohabit with him, and be under his
dominion and control, or of such indignities offered to her person as
to render her condition intolerable, and thereby forcing her to with-
draw, or that he has abandoned her, or turned her out of doors, and
refuses or neglects to provide for her, specifying particularly the
nature and circumstances on which she relies and seeks relief, with
the time or times when, and the place or places where, with reason-
able certainty, and praying for such relief as she may think herself
entitled to; to which bill the husband may be compelled to appear
and answer according to the course of the court of chancery, or the
bill may be taken for confessed against him, as is usual in other cases
in that court.
Sec. 19. In case it shall appear to the court by the' answer or con- Court to decree
fession of the defendant, or by the bill being taken for confessed berandIOboard°!n
against him, or by proof that the defendant is guilty of such cruel and certain cases,
inhuman treatment towards the complainant, or such conduct towards
her as renders it unsafe and improper for her to cohabit with him,
and be under his dominion and control, or of such indignities offered
to her person as to render her condition intolerable and thereby fore-
ing her to withdraw, or that he has abandoned her, or turned her out
of doors, and refuses or neglects to provide for her, it shall and may
be lawful for the court to decree a separation from bed and board for-
ever thereafter, or for a limited time as shall seem just and reason-
able, or to make such other decree in the premises as the nature and
circumstances of the case require; and whether the court shall decree a
separation from bed and board or not, to make such order and decree
for the suitable support and maintenance of the complainant and her °ny*
children, or any of them by the husband, or out of his property, as
the nature of the case and circumstances of the parties render suita-
ble and proper in the opinion of the court, and( to enforce such orders
and decrees by sequestering the rents and profits of the real estate of
the husband, (if any he has) and his personal estate and choses in
action, and by appointing a receiver thereof, and causing such rents
and profits and personal estate and choses in- action to be applied
accordingly, or by such other lawful ways and means as is usual, and
according to the course and practice of the said court, and as to the
chancellor shall seem meet and agreeable to equity and good con-
science.
Sec. 20. The defendant in any such suit as last aforesaid, may in- Defendant may
sist in his defence, and be permitted to prove the ill conduct of the show justifiable
complainant as a justifiable cause for 'the conduct on his part com- eause"
plained of, and on making out such ill conduct to the satisfaction of
262
DIVORCES.
the court, he may be dismissed with or without costs in the discretion
of the court.
of costs. Sec. 21. In any suit brought under and by virtue of this act, the
court may decree costs against either party and award execution for
the same, or in case any estate shall be sequestered, or in the power
of the court or in the hands of a receiver, it may order costs to be
paid out of the property so sequestered, or in the power of the court,
or in the hands of a receiver, at discretion, and according to right
and justice.
Sec. 22. In all suits brought under and by virtue of this act, it shall
of testimony. an(j may foe lawful for either party to take proof by depositions, ac-
cording to the rules and orders of the court, or to have the witnesses
examined in open court, as the party wishing to use said testimony
may think proper.
Act notto retro- Sec. 23. This act shall be in force from and after the passage
epect. thereof, but nothing herein contained, shall be so construed as in any
way or manner to affect any suit that may be already brought and
undetermined in any of the courts of this state for a divorce, either
total or partial, but said suits shall remain and be proceeded in,
heard and determined by the said courts, according to the laws in
force at the time of bringing said suits, and such decree shall be ren-
dered therein accordingly, as though this act had not been passed.
DOWER.
1715, Ch. 38, §13.(—Widows of mortgagor not barbed of dower.
See Mortgage.)
178 4.—Chapter 22.
Section 8. If any person shall die intestate, or shall make his last
dissentfromwill an(^ testament, and not therein make any express provision for
in six months, his wife, by giving and devising unto her such part or parcel of his
and will be then reai or personal estate, or to some other for her use, as shall be fully
en e to ower satisfact0ry to her, such widow may signify her dissent thereto be-
fore the judge of the circuit court, or in the court of the county where-
in she resides, in open court, within six months after the probate of
the said will, and then, and in that case, she shall be entitled'to dower,
in the following manner, to wit: one-third part of all the lands and tene-
One third part ments and hereditaments, of which her husband died seized or possess-
of ail the lands. e(j. pr0mded, that any conveyances made fraudulently to children or
Fraudulent otherwise, with an intention to defeat the widow of the dower hereby
conveyance to alloted, shall be held and deemed to be void, and such widow shall
void*1 wldow be entitled to dower in such lands so fraudulently conveyed, as if no
conveyance had been made; which said third part shall be and in-
sure to her own proper use, benefit and behoof for and during the
term of her natural life, in which said third part shall be compre-
headed the dwelling house in which the said husband shall have
DOWER.
263
been accustomed most generally to dwell next before his death, and cluJhi^te°1-nng
commonly called the mansion house, together with the offices, out-
house and out*
houses, buildings, and other improvements thereunto belonging or houses,
appertaining: Provided, that in case it should appear to the said
judges that the whole of the said dwelling house, out-houses, offices, Widow only
amf appurtenances cannot be applied to the use of the wife, without |° ^a0vueldpabrV.
manifest injustice to the children or other relations, then and in that juri0Us to chii.
case, such widow shall be entitled to such part or portions of said drento have ail.
dwelling house, out-houses, offices, and improvements thereunto be-
longing as they shall conceive, will be sufficient to afiord her a decent
residence, due regard being had to her rank, condition, and past
manner of life, which dwelling house, out-houses, offices, and im-
provements, or such part thereof, so allotted to the said widow, shall
be and inure to her during the term of her natural life.
Sec. 9. It shall and may be lawful for any widow having claim to
dower to file her petition in the circuit court or the court of the petition may
county where her husband shall have usually dwelt, (altered by act of be filed in circuit
eighteen hundred and thirty-five, chapter 20, sec. 1. See Chancery court.
Court,) setting forth the nature of her claim, and particularly
specifying the lands, tenements, and hereditaments of which her hus-
band died seized or possessed, and praying that her dower may be
allotted to her; whereupon the said court shall issue their writ to the
sheriff of the county where the lands, tenements, and hereditaments
of the deceased husband lie, commanding him to summon twelve free-
holders (altered to five by 1827, chapter 6, section 1) connected with m0^ury\Viay
the parties neither by consanguinity or affinity, and entirely disinte - off dower, toad-
rested, who upon oath, which oath the sheriff is hereby empowered minister oath &
to administer shall allot and set off to the said widow one third part aUot dower-
of all the lands, tenements and hereditaments in the said county, of
which the said husband was so as aforesaid seized or possessed, and
shall put her in possession of the same, which possession shall vest in
her an estate for her natural life, in the third part of the lands, tene-
ments and heriditaments of which her husband was so as aforesaid
seized or possessed, and the said sheriff and freeholders shall also
put her in possession of the house or mansion, or part or portion
thereof, in which her said husband most generally dwelt next before
his decease, and of all offices, out-houses, buildings and improvements
thereunto belonging or in any wise appertaining, and in case of the
lands, tenements and hereditaments that were of the estate of the de-
ceased lying in different counties, the court shall issue their writs to
the sheriffs of the several counties respectively commanding them as
aforesaid, which writs shall be executed in manner as aforesaid di-
rected, when the lands, tenements and hereditaments lie in the same
county, and such sheriff and jury shall also allot and set-off to such
widow such part or portion of the personal estate of which her hus-
band died possessed, and to which by this law she shall be entitled,
which part or portion shall be and inure to such widow, her execu-
tors, administrators and assigns forever.
Sec. 10. The proceedings upon such petitions for dower shall be
in a summary manner, and the judges shall at the first court where tobePs™S?9
such petitions are filed, proceed to hear and determine as to them
shall seem just and right: Provided, that the party petitioning for
dower shall give ten days previous notice to the heirs and executor Ten days no-
or executors and administrators of the last will and testament of her tice"
264
DOWER.
deceased ^husband, and shall serve him, her or them with a copy of
the said petition.
180 5.—Chapter 32.
Section 1. When any county line shall run through any land
linTruM Thr^gh where any dower is to be laid off, in that case the same jury sum-
the land same moned by the sheriff of the county where the said petition shall be
dower ° lay °ff may proceed to lay off said dower in the same manner as if
there was no division by any county line through said tract of land.
181 5.—Chapter 85.
Section 1. All sheriffs to whom writs are directed in pursuance
give juronften °f the ninth section of the act of 1784, chapter 22, shall, in summon-
days notice. ing jurors, give said jurors at least ten days notice of the time and
place, when and where they are required to attend, and shall be a\-
lowed the same fees, as for like services, to be paid by the person at
whose instance such writ may issue.
Sec. 2. If any juror, so summoned as above directed, shall fail to
Juror failing attend agreeably to said summons, it shall be the duty of the officer
to judgnfent^16 executing the same to make return to the court from which such writ
issued, of such delinquency, whereupon a judgment nisi shall be en-
tered up by said court against said juror for the sum of twenty-five
dollars, on which judgment a scire facias shall issue, commanding
said juror to attend and show cause, if any he can, why final judg-
ment should not be entered thereon, which said forfeiture shall accrue
to and be applied as other county moneys are.
Judgment Sec. 3. If any petitioner under this act, and the act of 1784, chapter
again't petition'r 22, should fail to pay the amount of the cost occasioned by their pe-
for costs. tition upon the return of the writ, shewing that dower had been allot-
ted, it shall be the duty of said court to enter judgment against said
petitioner for the amount of said cost,
allowance to&^ ®EC" several courts in this state, when application shall be
rorsWanCe °JU made agreeable to the provisions of this act, and the act of 1784,
chapter 22, to have a jury appointed to lay off dower, and on return
of the sheriff, that dower had been laid off, it shall be the duty of said
court to make said jurors such allowance for their services therein,
as shall seem just and proper.
1 8 2 3.—Chapter 37.
§ 1.—(In partitioning real estate widow's dower to be first assign;
ed. See Partition.)
Need not as- Section 2. In assigning the widow her dower, the commissioners
sign66 mansion shall not he compelled to assign her a third part of each spparate
house, nor one- tract of land, where there are more tracts than one, but may make
tract ofiand6aCh ass^nment according to quality and quantity, in such manner as
r ' will give one-third in value of the whole estate; nor shall they be
bound, unless to them it may seem just, to include in their assign-
melitof dower, the mansion house of the deceased husband: Pro•
power.
265
tided, the widow shall agree that the mansion house shall not be in-
eluded.
Sec. 4. Widows shall be entitled to dower out of equitable estates
i i i i i i t i a i • r Entitled to
m land ot which their husbands were the owners at the time ot their dower of equita-
death, in the same manner that they ere entitled to dower in the Me estate.
legal estates of which their husbands may have died seized or pos-
sessed. (a)
18 2 7.—Chapter 6.
To amend section 9 of 1784, chapter 22.
Section 1. So much of the ninth section of said act as provides
for the summoning of twelve freeholders for the purpose of laying off ersF ma^ass/gn
and allotting to widows their dower be and the same is hereby re- dower,
pealed, and it shall be the duty of the sheriff to whose hands pro-
cess may come under the provisions of the said ninth section of
said act to summon five freeholders unconnected with any of the
parties interested, either by affinity or consanguinity, who upon oath,
(which oath the sheriff is hereby empowered to administer) shall
allot and set off to the petitioner her dower, under the same rules,
regulations and restrictions as dower has heretofore been assigned.
18 3 5.—Chapter 19.
§4.—(Circuit and chancery courts have jurisdiction in dower.
See Circuit Court.)
Section 12. In all cases of application for dower, the petitioner Notice may
may give notice either by personal service ot process or publication bepersonaiorby
in some newspaper, as in cases of application of heirs or tenants in pubIieatl0n*
common for partition of real estate.
DRUNKENNESS.
1741.—Chapter 14.
Section 5. Every person convicted of drunkenness by view of penalty for
any justice of the peace, confession of the party, or oath of one or being drunk,
more witness or witnesses, such person so convicted shall, if such
(a) The right of a widow to dower in lands of which her husband died seized and possessed, will be pre.
ferred to the creditors of the husband. By the common law the moment the husband acquired title to land,
right wqs vested in his wife to have dower, and although the husband sold the land her right continued.
By this act no exception in favor of creditors is made, and therefore it must be strictly construed- 4 Yerg.
218.
2. A voluntary conveyance by a father to a son, is subject to the dower of the wife, although the osten-
•ibis object was to defeat creditors and not the widow's dower. Mart, and Yerg. 223.
35
266
DRUNKENNESS.
offence was committed on the Lord's day, forfeit and pay the sum of
sixty-two and a half cents, but if on any other day, the sum of thirty
one and a fourth cents for each and every such offence.
EJECTMENT.
18 01.—chapter 6.
Injunctions Section 47. When actions of ejectment and caveats shall have
not to be dissoiv- been brought, and injunctions granted, such injunctions shall not be
ed; dissolved, but attend the final determination of the cause.
Sec. 60. After issue joined in any ejectment on the title only, no
after°kBueftI0118 exceptions of form or substance shall be taken to the declaration.
1801.—chapter 11.
Section 1. When any person or persons wish to institute an ac-
tion of ejectment, it shall and may be lawful for such person or per-
sons to draw a declaration in ejectment as heretofore practiced in
this state, and upon his or their producing the said declaration to the
clerk of the court in which he or they intend to institute suit, and
giving to said clerk such bond and security for prosecuting said suit
as persons instituting other suits are by law required to give, it shall
be a duty of said clerk to issue a summons, directed to the sheriff of
the county, in which the land sued for lies, commanding him to sum-
mon the person who is tenant in possession of the said land to appear
at the next sitting of the court in which the said suit is commenced,
to answer the plaintiff; the nominal lessee, of a plea wherefore jvith
force and arms, he broke and entered the.close of the said plaintiff,
and ejected him, to his damage five hundred dollars.
Sec. 2. The sheriff to whom said summons is directed, upon re-
ceiving the same, and also the declaration in ejectment, shall serve
the said declaration in ejectment on the tenant in possession as
BununuiiB. , „ lini t • i .-i
heretofore, and shall also at the same time serve the said summons,
(a)
Sec. 3. The said tenant against whom the said writ issued, shall be
forcostr1 llaWe bable and bound to pay, and judgment shall be given against him for
the costs and damages which may accrue or be recovered in such suit,
whether the possession is recovered by default or by trial of the
cause, and execution may issue for such costs and damages.
Sec. 5. In no instance shall any person be admitted a defendant,
owmmo^rui'e. unless he enter into the common rule, and at the same time give se-
(a) The sheriff must not only serve the writ on a defendant in ejectment, but must deliver a copy of the
declaration likewise. 6Yerg. 467.
2. It must appear from the sheriff's return, that he served the declaration; and a return upon the writ of
"executed" is not sufficient. Same.
3. To read a declaration to the defendant is not suffieient-.a copy must be left. Same.
Proceedings
on instituting an
ejectment.
Sheriff to serve
declaration and
anmmnnfl
EJECTMENT.
267
curity for the costs; and if the landlord of the tenant in possession
wish to become defendant, he shall also enter the common rule and
give security as aforesaid.
1813.—Chapter 24.
Section 1. When no action of ejectment shall be brought, when
the defendant or tenant in possession in such suit, shall have color of j~ve Coior oftf-
title to the premises in dispute, or any part thereof, either by grant, tie, he may plead
deed of conveyance founded upon a grant or entry for the same, lying f0°rtic-i^f
in any part of this state, or claim by occupancy and pre-emption, in pro^ments.""11
the section of country south of French Broad and Holston rivers, and
west of Big Pigeon and East of Tennessee rivers; such defendant or
tenant in possession may file, at the time he files his plea, notice (6)
to the lessor or lessors of the plaintiff, that on the trial of the cause,
he or they will prove what improvements he or they may have made
on the said land in dispute, and the value thereof, after which notice
being filed, the said lessor or lessors of the plaintiff may, at the same
term, file a notice to the said defendant or tenant in possession, that Plaintiff may
in like manner, he or they will prove the amount of the mesne profits claim mesne pro-
(c) of said premises: Provided, that no improvement shall be taken
into the valuation and allowed for, that shall have been made after the Nq im roye
execution of the original summons in such suit, or after the lessor mentaiionmd for
or lessors of the plaintiff, his or their agent or attorney, shall have after summons,
served said defendant or tenant in possession with a written notice, ornonotlce'
that he or they claim title to the said land, specifying in the said no-
tice the nature of his claim; neither shall any mesne profits be valued profit8^utmafter
and recovered, unless such as shall have accrued after the commence- suit or notice:
ment of suit, or notice given as aforesaid.
Sec. 2. When the jury shall find a verdict in favor of the plaintiff Jury to find the
in such action, they shall also find the value of the improvements in ^nts°$^esne
favor of such defendant or tenant in possession, proved in manner afore- profits,
said; and further shall find the amount of the mesne profits proved to
have accrued as aforesaid; and if the value of the improvements should
exceed the amount of the mesne profits, the balance or overplus there-
of, shall be found by the jury, and such plaintiff'or plaintiffs, shall not
have his writ of possession awarded or issued against the defendant
or defendants, until he or they shall have deposited with the clerk of
such court, the full amount of the balance or overplus which the
value of the improvements is found to exceed the mesne profits as
aforesaid; and if the mesne profits as aforesaid, shall exceed the
(6) A notice of claim for improvements under this act, should contain the necessary averments, as the
value of the improvements made, the kinds particularly—as frame or log-houses, barns, cleared grounds, See.
It Bhould also state the nature of the claim, as by deed in fee, having bona fide made those improvements, be-
lieving the land to be his own at the time he acquired his title, and during the time he made the improvements.
2 Tenn.341,392,293. 2 Yerg. 437. 2Yerg.403.
(c) When land is sold subject to a condition to be re-purchased, on a future day, which is done, the ven-
der is entitled to the rents and profits accruing in the intermediate time. 2 Yerg. 6.
2. The rents and profits received by the heir cannot be recovered by the creditor of the ancestor by a pro.
ceeding under the act of1784, chapter 11, or otherwise. The heir takes them for himself discharged of any
liability to be appropriated for the debts of the ancestor. 4 Yerg. 218.
3. If the party to be affected by laches in not bringing suit for mesne profits be under any disability, the
lapse of time will not operate to limit his account for mesne profits to the commencement of the suit either by
common law or by statute. 1 Yerg. 360.
4. Our statutes of limitation do not limit the claim of an infant for mesne p refits to three years next precsd-
ingthe infant's suit in ejectment for the land.
268
EJECTMENT.
value of the improvements as aforesaid, the jury aforesaid shall find
the amount of such balance or overplus against the defendant or
tenant in possession, and such court may, on motion, enter up judg-
ment, and issue execution accordingly.
18 1 9.—Chapter 16.
Section 4. Defendant's death pending the action of ejectment
frndant* not "to 110 longer abate that suit, but the same may be revived within
abate suit. two terms, by serving a copy of the declaration filed in said action on
the heirs or devisees of the defendant, or if they be minors, on their
guardian or gnardians, and also a notice to appear and defend said
suit.
Proceedings ®EC* When such heir or heirs are without guardians, it shall be
when heirs have the duty of the court, before whom said suit or suits may be pending
no guardian. to appoint a guardian or guardians, pending the suit, to defend said
suit or suits, and notice of the appointment as guardians to defend
said suits, and also of the pendency of suits, shall be served upon said
guardian or guardians at least three months before the succeeding
term of the court, after the appointment of such guardian or guar-
dians, and before such cause or causes shall stand for trial, and if
said notice shall not be served upon said guardian or guardians in the
manner herein prescribed, and the length of time herein before re-
quired, said guardian or guardians shall not be compelled to go into
trial at the first term after said notice may have been served upon
them, but said suit shall stand over until the succeeding term there-
after.
Heirsbeing SEC. 6. If said heirs should be non-residents, the sheriff shall re-
pubiica^ioiTtobe tuin fact to be so, and likewise the place of the residence of said
made. heirs if to him it is known, and if the plane of the residence of said
heirs is returned, or if not, if the courts before whom said suits may
be pending can otherwise satisfactorily ascertain where said heirs
may reside, said court shall order publication to be made four weeks
successively, at least three months previous to the succeeding term,
after the suggestion of the death of said defendants, and appointment
of said guardians, in some gazette in the state where said heirs may
live, and also ip some newspaper in this state, which notice shall ex-
press the death of said defendant and the appointment of said guar-
dians, and also that said cause or causes will be revived at the sue-
ceeding term in the name of the heirs of said decedent; and if the
provisions of this act are strictly complied with, then said court shall
order said suit or suits to be revived in the name of the said heirs,
and stand for trial the succeeding term thereafter: Provided, if said
heirs should appear at any time, at or before the trial of said cause
Court may or causes, upon satisfactory reasons shewn, said court may change
change guardian guardians at the instance of said heirs, and appoint others in
their stead to defend said suits in behalf of said heirs.
18 2 5.—Chapter 29.
de Section 2. In all actions of ejectment where application is made
mteei^ejecto'tB to the court to amend the declaration by laying a demise in the name
ejectment.
269
of some other person or persons, bodies politic and corporate, the how to beprovi-
court before they allow such amendment, shall require the party ded for*
making such application to give bond, with good security, to indem-
nify such person or persons, bodies politic or corporate^ from the pay-
ment of any costs that may accrue in such suit, unless such amend-
ment be applied for by the person or persons, bodies politic or corpo-
rate in whose name such new demise is laid, and in no case shall a
demise be laid in the declaration in the name of a person not present
without his, her, or their consent in writing given by him, her, or them,
or agent thereunto lawfully authorized,* and in case any demise shr* 11
be laid in any declaration contrary to the provisions of this act, said
suit shall be dismissed upon motion of the defendant or defendants,
and the clerk who shall issue the same shall be liable for all costs
and damages accruing to the party injured.
18 25.—Chapter 63.
Section 1. When any person or persons, may commence an ac- pergonsusin
tion of ejectment in,any of the courts of this state, and shall insert in the name of ano-
the declaration, counts in the names of other persons for the purpose ther as plaintiff
of preventing the defendant from shewing an outstanding title, or ghe^apowT^of
for any other causes whatever, such person or persons, so suing, attorney,
shall be required to produce to the court, a power of attorney, duly
authenticated, authorizing the use of his, her, or their names in the
prosecution of said suit, and if the person or persons commencing
said action, shall not produce to the court a power of attorney as
aforesaid, at the appearance term to which said writ may be return-
able, it shall be the duty of said court, to order the names of the per-
sons so used without authority, to be stricken out of the declaration,
and they shall in no wise be considered as parties in said suits.
Sec. 2. Upon ordering the names of any person or persons to be
stricken out as required in the first section of this act, it shall be the COg^8meat for
duty of the court, instantly, to enter up judgment for all costs award-
ed thereby against the plaintiff or plaintiffs who may have signed the
bond which was given for the prosecution of said suit, and execution
may immediately be issued upon such judgment, for the apiount
thereof.
1827, Ch. 18, {5.—(Security for costs, how released. See Secu-
rity.)
18 2 7.—Chapter 46.
Section 1. The defendant or defendants in any action of eject-
ment which may be instituted for lands in the Hiwassee district by acfoiTim ex*,
any reservee or reservees, or any other claimants, against said de- tended to defen-
fendant or defendants, who have purchased lands from this statef danJa HiwaB-
at the Hiwassee land sales may have all the benefits of reco- see""
vering the value of the improvements which are pointed out in the
act of 1813, chapter 24, and the certificate of purchase given by the
treasurer of east Tennessee to the purchaser, or a copy thereof from
the register's office of east Tennessee, or if the same has been lost
before it was registered, parol evidence of the same or the grant, if
270
ejectment.
the same has been issued shall be a good and sufficient title or color
of title to said defendant or defendants, to enable him her, or them, to
recover the value of improvements under said act: Provided, neverthe-
less, that all cases now pending said defendant or defendants shall
give the plaintiff his agent or attorney, twenty days notice in writing
previous, to the trial of said cause that he, she, or they, will intro-
duce evidence on the trial respecting the value of said improvements
and said notice shall specify the nature and kind of improvements for
which compensation is claimed: and Provided also, that in all suits
hereafter commenced, the same notice and proceedings shall be given
by the defendant or defendants at the time offilinghis,her, or their
plea as is directed by said act.
Mesne profits Sec. 2. The plaintiff shall have the same right to have the rents or
set off. mesne profits set off against said improvements as pointed out in said
act.
ELECTIONS.
constitution, ast. i, sec. 5. ast. H, sec. 7. aet. iv, sec, 1. 2, 3,4.
March, 179 6.—Chapter 9.
Inspectors of Section 1. The county courts respectively, at the session next
elections to be preceding the day of the election, in every two years, shall appoint
countntcourtthe tkree inspectors to superintend the election ; and if it shall at any
u r' time happen, that any county court shall fail to make such appoint-
ment, or any person so appointed shall refuse to serve, the sheriff,
with the advice of three justices of the peace, or if none shall be
Provision m pregent three respectable freeholders, shall, before the beginning of
case of failure to r ? r. . r * & &
appoint or non- such election, appoint inspectors for the purpose atoresaid; and every
attendance of in- inspector who shall he appointed by either of the ways aforesaid, and
spectors appoint- servjng. pursuant to such appointments, shall be held and deemed
lawful inspectors at such elections.
Sheriff to pro- Sec. 2. The sheriffs or returning officers shall, on the day and at
vide one box for the place for holding each respective election, be provided with one
receiving ballots. kox for receiving the ballots for governor and members of the Gene-
ral Assembly: The returning officer or his deputy, "shall receive the
tickets in presence of the inspectors, and put each ticket into the
box, which box shall be locked or otherwise well secured, until the
election shall be finished.
Manner of vot> Sec. 3. Every person qualified to vote in manner directed by the
ing. constitution, who shall attend for that purpose at any election, shall
Namesofvoters £*ve *° returning officer, in presence of the inspectors, a ticket
to be taken by or scroll of paper, which ticket shall be put in the box in manner
clerks: before directed; and at the same time the clerks of the said election
shall take down, on separate lists, the name of every person voting,
ELECTIONS.
271
and when the election shall be finished, the returning officer and in-
spectors shall in presence of such of the electors asmay choose to attend,
open the box,1 and read aloud the names of the persons which shall
appear in each ticket, and the clerks at the same time shall number
the ballots, each clerk separately. If there shall be two tickets
rolled up together or if any ticket shall contain the names of more
persons than such elector has a right to vote for, in either of these
cases, such ticket shall not be numbered in taking the ballots, but
shall be adjudged void. And when all the tickets are numbered, the
persons having the greatest number of ballots shall be declared duly
elected,* but where two persons shall have an equal number of votes,
the returning officer shall have the casting vote.
Sec. 4. The governor shall be ballotted for in each and every coun-
.ty,atthe time and places that members for the General Assembly are
elected for such county, and the ballots shall be received by the sheriff ernor"
or other returning officer, in presence of the inspectors of the poll
under the same rules and regulations as are prescribed by this act
for the election of members for the General Assembly.
Sec. 5. Every election hereafter to be made by virtue of any writ In cage of
from the governor, shall be conducted and regulated in the same election by writ
manner as by this act prescribed, so far as the particular case can be from the gover'r.
applied to the general rules.
Sec. 7. If any person shall vote at an election, who by law shall not be penalty for
entitled to vote at such election, he shall forfeit and pay the sum of voting not being
ten dollars, to be recovered with costs, by action of debt, in any ju- entltled*
risdiction having cognizance thereof, one half to the use of the
county, and the other half to him or them who will sue for the same.
And where any suit shall be brought against any person for voting as
aforesaid, without having a right to such vote, the proof shall be upon
the plaintiff.
Sec. 9. The sheriff or coroner, within ten days after every elec- .
tion, shall at the request of any person elected to serve in the Gen- 0fthe ^oiis^vh'n
eral Assembly, or other person in his behalf, cause fair copies of required,
the lists of votes, and the number of ballots for each candi-
date to be made out and delivered to the person requesting the
same, or to his order, which lists and numbers shall be signed by the
returning officer j and if any officer should refuse so to do or shall
hold elections in any other manner than is by this act directed, or
shall neglect or refuse to make returns of the elections by him to be
held, the officer so oflending shall forfeit and pay the sum of seven
hundred and fifty dollars, to be recovered by action of debt in any Penalty for
court of record having cognizance thereof, with costs, one half to neglect"
the use of the state, and the other half to such person as will sue for
the same.
July, 179 6.—Chapter 2.
Section 1. Where any vacancy may happen by death, resignation to fij^yacancies
or otherwise, the right of which appointment is, by the constitution, in appointments
vested in the county courts, then and in that case, such court shall made by them,
hold an open and free election on the second day of the term in
which such appointment is to be made, admitting all citizens to the
privilege of offering as candidates, except such as are prohibited by
the constitution or some of the existing laws of this state,.
Votes to be
read out and pro*
ceedings, etc.
Returning ofli-
cer to give the
casting vote,
Proceedings in
halloti's for <rnv.
272
elections.
Netice to be Sec. 2. It shall be the duty of the chairman of any of the afore-
set up on the said courts, or any other justice acting in his place, to cause public
court house door notiCe, in writing, to be set upon the door of the court house upon
the first day of the term in which such election is to he held, signi-
fying and setting forth, under his hand, which of the offices may be
vacant, and the time prescribed by this act for filing the same.
1799, Ch. 17, J 2.—{Penalty for breaking up elections. See Mis-
demeanor.)
18 0 9.—Chapter 36.
Section 1. It shall and may be lawful for the different sheriffs or their
deputies, to administer the necessary oaths of qualification to those
who are or may be appointed as judges and clerks, to superintend the
election of governor, members to congress, members to the General
Assembly, electors to elect a president and vice president of the
United States, and militia officers; and the said judges and clerks so
qualified, are hereby empowered to act as such, as fully as if the
oaths of qualification had been administered by any judge or justice
in this state.
1812.—Chapter 27.
Section 5. It shall be the duty of the Governor upon the receipt
of the whole returns from any one district for a member to Congress
to open the same in the presence of the secretary and proceed to count
all the votes given for each candidate, and ascertain who has the
greatest number, and then shall forthwith commission the person
elected: and if it should so happen, that the return from every coun-
ty should not be received, it shall be the duty of the Governor to send
an express to bring the return filed with the clerk, who shall deliver
the same to said express on order of the Governor: and the Gover-
Express to be n0r shall draw on the Treasurer of the State for such sums as
"n^ertain^ases- may necessary to defray the expense incurred agreeably to the
provisions of this act.
Governor to Sec. 6. After all the returns shall be received and counted out and
give casti'g vote, any two candidates shall have an equal number of votes, the Gover-
nor shall decide by his own vote who is elected and commission him
accordingly.
Sec. 7. If it should happen at any time that a representative or
representatives should die or resign his or their seat in Congtess, or
the term for which our representatives to Congress are elected,
expire, and there should be a session of Congress before the vacancy
can be supplied by the general provisions of law, then and in that
case, the Governor for the time being shall issue his writ to the sher-
iffs, of the different counties in the state, directing each of them to
hold an election at a time which he may think is expedient, under the
same rules, regulations, and restrictions by law directed; and the
Governor is moreover required to issue his proclamation authorizing
said election, and declaring at what time said election shall be holden,
and shall cause the same to be published in at least two of the news-
papers printed in this state.
Sheriffs author-
ized to adminis-
ter the oaths to
judges and cl'ks
of elections.
yotes for mem.
ber to Congress
counted by Gov-
ernor, and com-
mission given.
Governor to
issue proclama.
tion for election
to fill vacancies.
elections.
273-
1821.—Chapter 27.
Section 2. The officer holding any of the precinct elections in officer of pre-
this state shall carry up to the court house with the state of the polls
the list of the voters to be there examined by the judges or any other voters.
person, in order to detect persons voting oftener than once in any of
said elections; and if it shall so happen, that any person or persons
shall have voted twice in said elections, it is hereby made the duty
of the sheriff to prosecute such person or persons so voting, for the
fine incurred by the existing laws; the cost of which suit, so insti-
tuted by the sheriff, in case of failure, shall be paid by the county.
1823, Ch. 12, \ 2.—(Treating to procure votes indictable. See
Misdemeanors.)
1827, Ch. 23, {12.—(Duty of Sheriff in returning votes for Gover-
nor and penalty for failure to make return. See Sheriff.)
1829, Ch. 98, § 1.—(Penalty for opening tickets at elections.
See Misdemeanors.)
1832.—Chapter 4.
Section 1. The counties of Carter, Greene, Washington, Cocke and Offforeiectionof
Jefferson shall compose the first Congressional District, The counties members to con-
of Sullivan, Hawkins, Grainger, Claiborne and Campbell shall compose gress*
the second district. The counties of Anderson, Knox, Sevier, Blount
and Monroe shall compose the third district. The counties of
Morgan, Roane, M'Minn, Rhea, Hamilton, Bledsoe and Marion shall
compose the fourth district. The counties of Fentress, White,
Overton, Warren and Franklin shall compose the fifth district. The
counties of Jackson, Smith and Sumner shall compose the sixth district.
The counties of Wilson and Davidson shall compose the seventh district.
The counties of Rutherford and Williamson shall compose the eighth
district. The counties ot Bedford and Maury shall compose the
ninth district. The counties of Lincoln, Giles, Lawrence, Wayne
and Harr^n shall compose the tenth district. The counties of Rob-
ertson, Montgomery, Stewait, Humphreys, Hickman and Dickson
shall compose the eleventh district. The counties of Haywood,
Madison, Dyer, Obion, Gibson, Weakley, Henry and Carroll shall
compose the twelfth district. And the counties of Perry, Hender-
son, M'Nairy, Hardeman, Fayette, Shelby and Tipton shall compose
the thirteenth district.
Sec. 2. The several sheriffs in the different counties in this State shffs to make
shall on the day next succeeding the day of election of members to tuPllcate
Congress in the several districts, as organized in the first section of
this act, make out triplicate certificates under their hands of the num-
ber of votes for each candidate—one of which shall be retained
by the sheriffs respectively, and the other two certificates shall be
by said sheriffs transmitted by different mails immediately thereaf-
ter, to the Governor, who upon the receipt of the returns thus
certified, shall deliver to the candidates having the highest number
of votes in their respective districts, a certificate of their election as
represen atives to the Congress of .the United States.
Sec. 3. If any sheriff shall fail, neglect or refuse for the space of $500 penalty
twenty days, to perform any of the duties required of him in this for failure,
act, such sheriff so failing, refusing or neglecting, shall forfeit the
36
274
elections.
sum of five hundred dollars to be recovered by action of debt, by any
person who may sue for the same—and shall moreover be held and
deemed guilty of a misdemeanor in office, and subject to indictment
before the circuit court of the county where such delinquency may
happen.
183 5.—Chapter 1.
5 4. (Commissioners to designate places of holding elections.
See Districts.)
Elections of Section 10. The sheriffs or coroners of the respective counties in this
justices and con- state, shall, on the first Saturday of March 1836, open and hold an
stables. election for justices of the peace and constable or constables, as the
case may be, at the place designated by said commissioners, for hold-
ing elections in said districts, after having given ten days notice
thereof by advertisement, at three of the most public places in the
respective districts.
Shffs to ap- Sec. 11. The sheriff", or cojroner, as the case may be, shall, by and
point judges and -witli the advice of a justice of the peace of said county, appoint three
clerks- judges and two clerks of said elections previous to opening the polls,
^roopen at lo, w^° be duly qualified by a justice of the peace or officer hold-
and close at 4 ing such election. The polls to be opened at 10 o'clock a. m., and
o'clock. closed at 4 p. m. Upon comparing the whole of the votes polled in
each district, those persons having the highest number of votes for
justice of the peace shall be declared duly elected justices; and
in case of tie, those persons having the highest number of yotes for constable, shall
bThelda^ain t0 declared duly elected constable or constables for their respective
e e agam. districts. In all cases where there is no election by reason of two
or more candidates having the same number of votes, in such case
the sheriff shall immediately proceed- by advertisement, and hold
again an election in said district for justice or justices of the peace,
Sheriff's duty or constable or constables, as the case may be, until the said office
in forwarding ™ , £11 , '
certificates: or offices shall be filled.
Sec. 12. The sheriffs of the respective counties aforesaid, shall
immediately after the election, make out a certificate of said elec-
Time of elec- t*on' s^ow^ng wh° are elected justices of the peace in the respective
lions. districts of his county, and shall forward the same to the Governor,
who shall issue a commission to the justice or justices of the peace,
which commission shall be filed in the county court of the county in
which such justice or justices of the peace shall be elected, which
court shall qualify said justice or justices as now prescribed by law,
after which he shall enter upon the duties of his office; and the said
sheriff shall certify to the county court as aforesaid, the peTsou or
persons elected constable or constables, as the case may be, of the
respective districts of his county; and thereupon said court shall
take bond and security from said constable or constables, and quality
him as now prescribed by law, after which said constable or consta-
bles shall enter upon the duties of the office of constable.
Sec. 13. The first election for justices of the peace and constables,
shall be held on the first Saturday of March 1836, and ever after-
wards, the sheriffs or coroners, shall every six years, on the first
Saturday of March hold an election according to the provisions of
this act, in said districts for justices of the peace; and every two
years after said first election on the first Saturday of March foi^the
appointment of constables, who shall make the necessary returns;
and after said justices of the peace and constables shall be qualified
ELECTIONS.
275
in the manner prescribed in this act, they shall enterjipon the duties
of their respective offices.
1 83 5.—Chapter 2.
Section 1. It shall be the duty of the several sheriffs of the diffe- h0,d
rent counties in this state, to open and hold all popular elections at
the places designated by the commissioners under the provisions of
the fourth section of an act, entitled "An act to provide for the lay-
ing off the several counties in this state into districts of convenient
size, within which justices of the peace and constables shall be elect-
ed, $nd for other parposes," passed December, 1835, ch. l,and the said
elections shall be held under the provisions of the laws now in force Appointment
and use in this state: Provided, that when it shall so happen that of deputies,
there is no sheriff, or that any sheriff shall be a candidate, said elec-
tion shall be holden by the coroner of said county. And should it so
happen that there should be no coroner, then it shall be the duty of
the chairman of the county court to appoint some suitable person to
hold said election, and that said sheriff, coroner or such person so ap-
pointed to hold such elections, is hereby authorized and required to
appoint a sufficient number of deputies to conduct or hold said elec-
tions.
Sec. 2 It shall be the duty of the sheriff or coroner, or such per- time of hoid.
son as may be appointed under the provisions of this act, to open and ing elections 0f
hold an election on the first Thursday in August, 1837, and forever Governor>&c-
thereafter once in two years, on the same day, and at the same places,
to elect a Governor for the State, Representatives in the Congress
of the United States, and Members of the General Assembly. The
polls shall be opened at nine o'clock in the morning, and shall close
at four o'clock in the evening of the same day.
Sec. 3. The Sheriff or person holding such election of each county, 10 be
shall meet at the place or places prescribed by the ordinance of the
Convention, or by an act or acts of the General Assembly for com-
paring the votes given for Representatives to Congress, and Senators
and Representatives in the State Legislature.
Sec. 4. On the first Saturday in March, eighteen hundred and thirty- Of election of
six, an election shall be held at the places and in the manner directed Reg^r^rUande'
by this act as herein before stated, to elect one sheriff, one trustee, one cierks. '
Register, one circuit court clerk, and one county court clerk, for each
county in this state; and forever thereafter, elections shall be held
in like manner on the first Saturday in March, every two years, to
elect one sheriff and one trustee for each county j and every four
years thereafter, on the said first Saturday in March, to elect one
Register, one Circuit Court Clerk, and one County Court Clerk, for
each county in this State; and there shall be elected by the justices
of the County Court, at the May term of the County Court, or any
subsequent term of the court, in each county north and east of the
congressional reservation line and north of Tennessee river, one
Entry Taker and one County Surveyor, who shall hold their offices g^eyor? **
for the term of four years, and until their successors are elected and
qualified. They shall, before entering upon the duties of their office,
take the oath and give bond and security in the manner prescribed
for county Entry Takers and Surveyors heretofore appointed, and n
they shall, in the discharge of their duties, and in every thing per-
taining to their offices, respectively, be governed by the existing
276
elections.
laws: Provided, that those counties through which the reservation
line may run, shall have the power to elect a County Surveyor and
Entry Taker for each connty, in the same manner as pointed < ut fi r
those counties lying north and east of the congressional reservation
line: Provided, that the present Surveyors in each county * 1 all have
the further time of six months to survey, to record the plats and cer-
tificates, and to make returns of the unfinished business in their
offices.
Dut of sheriffs ®EC* sheriff? coroner, or person holding such election, shall
incompr'g poles compare the polls at the court house on the first Monday after said
and giving cer- elections, and shall deliver to the person duly elected to either of
tificates. the offices mentioned in the fourth section of this act, a certificate of
his election, which certificate of election of said Clerk of the County
Court, Register and Trustee, or cither 0/ them, being produced to
the county court of his county, at the next court after the date and
delivery of such certificate, shall entitle him to enter upon the dis-
charge of the duties of his office to which he may have been circle 1,
upon his entering into bond with security 'n open court, to be ap-
proved of by such court, and take the oath now prescribed bylaw ia
such cases, which bond shall be spread upon the records of such court,
be'producedf6se- certificate of election of the Clerk of the circuit court shall he
cunty given!and produced by such person to the circuit court at the first term thereof,
oath taken at the to be held in the county after the date of such certificate of election,
next term of ct wj1jc}1 sfian entitle him to enter upon the discharge of the duties of
the office to which he may have been elected, upon his entering into
bond with security, to be approved of by said court, and take the
oath prescribed by law in such cases, which bond shall be spread
upon the records of such court. The courts, in taking any of said
bonds, shall be governed by the existing laws so far as the same are
not inconsistent with the constitution.
Provision agst. Sec. 6. In all cases where it shall so happen in the election of
equality of votes Sheriff, Trustee, Register, Circuit Court clerk, or County Court clerk,
that two or more persons voted for in any of said elections, have
received the highest number of votes, and are equal in number, the
officer holding the election shall give the casting vote.
Of Warren Co. Sec. 7. The sheriff or coroner of Warren county, by them-
selves, or deputies, shall hold the first election for the county of Can-
non, for Justices of the Peace, Constables, and all officers whose
elections are prescribed by this act, except the election of Govern v,
Members of Congress, and Members of the General Assembly; and
Co ee co. t^e Qr coronerj or deputies of the county of Bedford, shall held
the like elections for the county of Coffee; and the sheriff, or corn-
Lauderdale eo. ner^ OJ. thejr deputies, of the county of Tipton, shall hold the like
elections for the county of Lauderdale; and the sheriffs, or coroners,
or their deputies, of the county of Humphreys, shall hold the like
Benton co- ejectjons for the county of Benton; and the sheriff or coroner, or
their deputies for the county of Carter, shall hold the like elections
Johnson so. pQr tke coimty Gf Johnson; and the said officers so elected shall be
qualified, give bond, and enter into the duties of their offices of the
county for which they are elected, as prescribed by law; and ever after-
wards the sheriff, or coroner, or deputies, or such other person as
may be appointed under the provisions of this act, of the count) of
Coffee, Johnson, Lauderdale, and Bonton, shall hold the elocti ns
of said officers, as well as for Governor, Members of Congress, and
Members of the General Assembly of their respective counties; and
elections. 277
the person or persons so elected, shall be qualified, give bond, and
enter into the duties of their offices, as prescribed by law.
1835, Ch. 21. (Military elections. See Militia.)
I 8 3 5 .—Chapter 49.
Section 1. IVhen it shall so happen that the officers appointed by
the acts of incorporation of the different incorporated towns in this
state, or such as may hereafter be incorporated, shall fail to hold the
rvffr»rent elections provided for in the several acts of incorporation, on
i l ay designated by such acts of incorporation, it shall be lawful
for the sheriff, or some acting justice of the peace of the county in
which such town is situated, to hold such elections on any other day
by advertising the same five days previous to said election.
18 3 5.—Chapter 73.
Supplement to Chap. 2,1835.
Secuion 1. So much of the 6th section of the above recited act as Majority re-
relates to the election of Surveyor and Entry Taker by the casting quired,
vote of the officer holding the election be and the same is hereby
repealed.
Sec. 2. It shall require a majority of all the justices present, to
electa Surveyor and Entry Taker, when proceeding according to the
act to which this is a supplement.
EMANCIPATION.
constitution. art. ii. sec. 31.
1801. Chapter 27.
Section 1. Any person or persons, being residents of this proceedings «n
state, and owners of slaves, which they are desirous of setting free, emancipation of
shall prefer a petition to the court of the county in which they slaves"
reside, setting forth the intention and motives for such emanci-
pation, and if the court upon examining the reasons set forth in said
petition, should be of opinion, that acceding to the same would be con-
sistent with the interest and policy of the state, the chairman thereof
shall report on the petition accordingly, and sign his name thereto,
which petition shall be filed in the office of the clerk of said county,
But no petition shall be granted unless the petitioner first enter into
bond with approved security, in such sum as the court may think
proper to reimburse, suchjdamages as the county may sustain in con-
sequence of such slave or slaves becoming chargeable, and upoti
these requisitions being complied with, such slave shall be held and
deemed free. (See act 1831, ch, 102.)
Sec. 2. When any person or persons liberated by virtue of this Liberated slaves
act, shall, by any ways or means be rendered incapable of providing ty county Pwhen
for him or herself the common necessaries of life, such slave or slaves aet free..
Other time
given to hold
corporation eiee-
tions, if the pro-
Per time he pas-
sqd.
278
EMANCIPATION.
shall be provided for by the county in which he or she was emancis
paled, and may be removed thereto from any other county, there to
be provided for in the manner directed by the act of 1797, ch. 5.—
(See Poor.)
Nine or a ma ®E0, N° county court as aforesaid, shall receive a petition for
jority of them, emancipation, unless nine, or a majority of the justices of the peace
must be present, 0f said county be present; and in either case a concurrence of two
themconcurd80f thirds must be had in order to liberate a slave,
cierk to record Sec. 4. The clerk of the court shall record all proceedings of eman-
proceedings, and cipation, and make out a certificate to the slave or slaves, who may
ma^eout certi j liberated by virtue of this act, for which his fees shall be equal to
the fees for services of similar extent, and shall be paid by the master
of said slave or slaves.
182 9.—Chapter 29.
Section 1. Where any person shall, by his last will and testament,
Proceedings for bave directed any slave or slaves to be set free, it shall be the duty of
whereTiaves are the executor or administrator with the will annexed, to petition the
set free by will, county court accordingiy; and if the executor Or administrator shall
fail or refuse to do so, it shall be lawful for such slave or slaves to
file a bill in equity by their next friend, and upon its being made satis-
factorily to appear to the court, that said slave or slaves ought of right
to be set free, it shall be so ordered by the court (a), who shall there-
upon require bond, with good security, to indemnify the county under
the existing laws on that subject; and the chancellor, upon the filing
of any such bill, shall make such interlocutory orders ^s may be
deemed necessary to secure the rights of the respective parties.
1831.—chapter 101.
Act of 1829 Section 1. The act of 1829, ch. 29, shall in no wise be so con-
ch. 29, restricted strued as to extend to any case where any person may by their last
will and testament have directed any slave or slaves to be set free
before the passage of the before recited act, which this is intended to
amend; but in all such cases where any suit shall have been insti-
tuted in the district chancery court, under the provisions of the act
which this is intended to amend, it shall be the duty of the chanceJ-
lor, at the first term of said court after the passage of this act, to
have the same stricken from the docket (&), and it is hereby made
the duty of the clerk of said court, to transmit to the clerk of the
court where the parties reside, the whole of the records and proceed-
ings in said cause, which shall stand for trial at the first term of the
county court thereafter, under the same rules, regulations and re-
strictions, as if the said suit had been originally instituted in said
county court: Provided, however, that the costs shall abide the final
issue of the suit.
(a) A bill filed under this act is not a .'cause or suit" between the slaves and personal representatives of the
testator. The chancellor in such case acts as the authorized deputy of the state, in which capacity he is to
judge whether it would be to the interest of the state, to assent to the emancipation. 6 Yerg. 119.
(b) Thcactof 1831,ch. 101, directing the Chancellors to dismiss all bills filed by slaves, by virtue of the act
of 1829, ch- 29, and directing the clerk to send tbe record to the county court is unconstitutional. Sam
EMAN6IPATI0N.
279
18 3 1.—Chapter 102.
Section 2. It shall not be lawful, from and after the passage of siavesnotto
this act, for any court or any owner or owners of any slave or slaves, be emancipated,
to emancipate any slave or (slaves, except on the express condition, theestate!y eaVC
that such slave or slaves shall be immediately removed from this
state, and every person or persons so desirous to emancipate any
slave or slaves, shall, before such emancipation be allowed, enter
into bond with good and sufficfent security, in a sum equal to the
value of such slave or slaves so to be emancipated, conditioned that
said slave or slaves shall forthwith remove from this state, which
said condition shall be a part of the judgment of such court.
18 3 3.—Chapter 81.
Section 1. The second section of the act of 1831, ch. 102, shall Construction
not be construed as to extend to the case of any slave or slaves, who of 183l.cb.i02.
had bona fide contracted for his, her or their freedom, previous to
the passage of said act.
Sec. 2. In all cases where any application shall be made to the where slaves
county court of any county in this state, to emancipate a slave, and have contracted
it shall appear by satisfactory evidence to said court, that said slave foLfthed°actbof
had in good faith contracted for his or her freedom, previous to the 1831, county
passage of said act, then it shall be the duty of said court before c?urts t0 eman-
which said application is made, to emancipate such slave, if, in the ° pa e
opinion of said court it ought to be done, under the same rules, regu-
lations, and restrictions, which were in force and use in such cases
before the passage of the aforesaid recited act; and said slave, when
so emancipated, shall be exempt from all the penalties contained in
the second section of said act, although he or she shall continue to
reside in this state, and all cases of emancipation by will or devise
made by persons who died previous to the passage of the act of 1831.
ENTAILS.
constitution, article i, section 2.
1 7 8 4.—Chapter 22.
Section 5. Any person seized or possessed of an estate in general Entails abot-
or special tail, whether by purchase or descent, shall be held and ished.
deemed to be seized and possessed of the same in fee simple, fully
and absolutely, without any condition or limitation whatsoever to
him, his heirs and assigns forever, and shall have power and authori-
ty to sell or devise the same as he shall think proper, and such estate
shall descend under the same rules as other estates in fee simple.
280
entries.
ENTRIES.
179 4.—Chapter 5.
Section 7. In all cases, where judgment and execution arc
Entry or ioca. obtained against the estate of any person or persons whatever,
tion may be lev- where the real estate of the debtor may be charged, it shall and may
t)Cdexecution801^ f°r the sheriff to levy execution or an entry or entries,
e cu n* location or locations, held by the debtor or debtors, and sell the same
in the same manner as lands held by deed or grant. And on such
sales made pursuant to this act, the mode of conveyance shall be by
signment °f 38 assignmen<: °f the warrant or warrants, and by transferring the
m ' entries and locations by the shepiff of the county where such lands
are situated.
1809.—Chapter 31.
Section 5. Whenever land to which an individual or individuals
entriesTo Tramf have claim by entry, may be sold by any sheriff or coroner, under
fet them onsur- judgment, it shall and may be lawful for the sheriff or other officer
veyor's books, making such sale, to transfer such entry or entries in the surveyor's
books, and to assign the warrant upon which such entry shall have
been made, to the purchaser or purchasers; and it shall be the duty of
the different surveyors, to permit such transfers and assignments to
Surveyors to be made, and to make out and return plats and certificates of survey
make out plat jn the name of such assignees, to the respective registers, whose
name.aSSS1 nCe 8 duty ^ shadl be to make out grants accordingly. Provided,
That such assignees shall pay the survey ors their fees for such new
Assignee to plats and certificates of survey: and in case such assignee should
tees Surveyor's discover that the entry so assigned him, or any part thereof, hath
been taken away by some prior entry, he shall have the same power
to remove his warrant and procure a grant for any vacant land that
hny other assignee or owner of a warrant hath or may have by law.
1819.—Chapter 48.
Sheriff may Section 1. Whenever any individual or individuals shall Lave
assign the war. claim to any land by entry, which shall or may have been sold by
rant to purchas- any sheriff or lawful officer, under judgment, it shall be lawful for
er under sale. the sheriff or other lawful officer making such sale, to assign thn
warrant on which such entry or entries shall have been made, t
purchaser or purchasers, wherever the said warrants may be found,
and in case where plats' and certificates shall havi been made, it
To transfer1 shall be the duty of the sheriff or other officer making such sale, to
plats and cert's, transfer the same to the purchaser or purchasers, wl Lher the same
may be in the surveyor's office, register's office, or elsewhere; aud
where it shall so happen, that the sheriff or other officer, eir
successors^shall transfer such plats and certificates of survey, after
the same shall have been taken from the surveyor's office, it shall be
ENTRIES.
281
the duty of the register to make out a grant or grants in the name 'tin name
of the purchaser or purchasers, without any other certificate from °f purchaser;
the surveyor.
Sec. 2. In all such cases the purchaser shall have the same right purchaser's
to remove the warrant so acquired, or to obtain a duplicate therefor, ^^at®t.remove
as the former own^r would have had.
X 827.—Chapter 25.
Section 1. In all cases where any land held by entry or en- Sheriff may
tries made by virtue of an act entitled "an act to establish offices for transfer piat&e.
receiving entries for the vacant lands in the several counties in this of l'dssoid wh'h
state, lying North and East of the Congressional Reservation line, ^acToMS^l
and North of Tennessee River" passed Nov. 22,1823, and the acts
supplemental thereto, have been or hereafter may be sold, by virtue
of any execution, it sh^.11 and may be lawful for the sheriff making
such sale, or his successor in office, to transfer the plat and certifi-
cate of survey made upon such entry or entries; and it shall be the
duty of the register to make out a grant or grants in the name of the
purchaser or purchasers, as directed by law in other cases: Provided
That the transfer herein provided for, shall not be made until such '
time has elapsed as is allowed for the redemption of land.
1831,—Chapter 36.
Section 1. Where lands held by entry or certificate of purchase Grant may is-
from the State in the Hiwassee District have been or shall be sold ^tuic'e^fsaia*
under execution by the sheriff, and the sheriff cannot cbtain pos-
session of the certified copy of the entry or certificate of purchase,
he shall give to the purchaser at such sale a certificate of such sale
and purchase under his hand officially; and, upon production to
the Register of such certificate' by such purchaser, or his assignee,
at any time after the expiration of two years from the day of said
sale, taking said day inclusive, the Register shall issue a grant to
such purchaser or his assignee for such portion of said land as he
may be the owner of: Provided, That no grant has been pre-
viously issued for the same land to the holder of the certificate of
purchase or certified copy of entry.
Sec. 2. Where the purchaser at sheriff's sale, as provided in the Grant not to
first section of this act, or his assignee, shall file the certificate of
such sale and purchase with the Register of the Hiwassee District, sheriff's certifi-
it shall not be lawful for the Register aforesaid to issue a grant to cate is filed,
the original purchaser Or enterer of said land, or his assignee, un-
less said purchaser, or enterer, or assignee, as the case may be, shall
have redeemed said land, and shall produce to said Register a receipt
for the payment of said redemption money.
37
282
errors in grants, deeds and registraiion<
ERRORS IN GRANTS, DEEDS,
REGISTRATION.
1 8 0 9.—Chapter 101.
Section 1. In all cases where there has been or hereafter may be
Proceeding to an error of ttie surveyor in platting or making out the certificate of
correct errors in survey, or the secretary shall have committed, or the register of
rarveys .grants, either of the land offices may have or shall hereafter commit any
error in making out a grant, so that the claimant will be subject to
injury thereby, such claimant may prefer a petition to the circuit
court of the county within, which such land is situated, setting forth
the courses and distances expressed in said grant; also the courses
tionT° 616 PCti an<* distances that will correct the error, or the name of the grantee
and the name that will correct the error, as the case may be, and the
said court is hereby authorized to hear testimony respecting the truth
ofthe facts set forth in said petition, and if it shall appear to them by
said testimony, or from the return of the surveyor, or error of the
secretary or register, that the claimant of such land is liable to be
Court rohave injured by the error so set forth, such court is hereby required to
order entered, cause their clerk to enter their order relative thereto, on the records
of said court, and to make and certify a copy thereof.
Sec. 2. On producing such certified copy of the order of court, to
On production the register of the land office of East Tennessee, if the land
der °Re°ister °to ^es *n ^ast Tennessee, or to the register of the land office of
eorrecuhe error! West Tennessee, if the land lies in West Tennessee, it shall
be the duty of said register to file such order in his office,
to Correct the said grant, or a copy thereof, in conformity with
the said order of court, and to record the said grant, or copy thereof,
when so corrected, in a book to be kept for that purpose, (provided
said grant shall have been issued by the State of North Carolina,)
and to give a certified copy thereof, which copy shall be admitted in
evidence, in any court of record in this state: but should such grant
have issued by the authority of this state, then it shall be the duty
of the register of the land office, to correct the error in the original
record of his office, and also in said grant.
Errors in gt:s, gECt 3f Any person who discovers an error in the registration of
an&»! etc!nVey his, her or their grants, mesne conveyances, bills of sale, or other
instrument of writing, shall be at liberty to prefer a petition to the
circuit court, in the same manner as in this act directed, and on hear-
ing the same, if it appears to the satisfaction of the court, that error
has been committed, they shall order the register of the county to
correct such error, and make the record by him kept conformable to
the grant, mesne conveyance, bill of sale, or other instruments of
writing.
Publication to Sec. 4. Should any of the claimants of lands adjoining the lands
be made in cer- mentioned in any petition preferred under this act, reside out of the
tain cases. limits of the county in which the lands lie, or be unknown to the pe-
titioner, then and in that case, it shall be deemed sufficient notice to
advertise in some newspaper, published in the district in which the
lands lie; or should no newspaper be published in said district, then
ERRORS IN GRANTS, DEEDS AND REGISTRATION.*
283
in some newspaper published in some adjoining district, setting forth
the courses and distances expressed in the grant intended to be cor-
rected, also the courses and distances intended to be inserted in the
grant, or other error intended to be corrected, at least four
weeks in succession, the last publication of which, shall have been
made thirty days previous to the hearing of such 'petition by the
court.
Sec. 5. In all cases where there may have been, or hereafter may ESVariatfon be-
be ,any variation between the survey made on any tract of land, and ^"ofTocaSoJ
the calls of the location, with which said survey was intended to to be corrected,
correspond, it shall thereupon be lawful for the grantee or patentee,
or for any person or persons deriving a title from the said grantee or to file peti-
patentee, to exhibit a petition to the circuit court of the county where lion-
the said land may be situated, under the same rules and regulations
which have been prescribed for preferring petitions in the first and
fourth sections of this act: and if it shall appear to the said court,
that the survey has varied from the calls of the locations, with which
it was intended to correspond, and if it shall also appear to the satis-
faction of the court, that the ground covered by the location was
actually vacant and unappropriated at the time of preferring such
petition, or at the time when the petitioner or petitioners, gave no-
tice to those having adjoining claims, of their intention to prefer
such petition, the said court in such cases, shall order the facts, as
proved, to be entered on their records, a certified copy of which
being carried to the register of the land office, as provided for in the
second section of this act, the said register shall correct the grant or
patent and the several mesne conveyances, if any, in conformity
therewith; or the said court, on the application of the petitioners,
shall direct their clerk to certify the facts, as proved, to the survey-
or general of the district in which the land lies, whose duty it shall
be to have the said location re-surveyed, and to make out plats 'and
certificates thereof as in other cases; whereupon a new grant shall
issue in the name of the person or persons having the rightful title
thereof: Provided, The original grant is first surrendered and made
void.
Sec. 6. Where any person chooses to oppose the granting of any person oppog
.petition preferred under this act, such person, on motion, shall be ing made def't
made a defendant, each party giving bond and security to secure the on motion-
other party in his costs, and the cause shall stand for hearing as
other argument causes.
Sec. 7. The courts may order the surveyor, and if they conceive Disputed lines
necessary, five freeholders, who are not interested, to examine and may be run*
survey disputed lands, to ascertain the lines, and to make return
thereof to the said court, at the next term, on oath.
Sec. 8. The register of the land office shall be entitled to receive Fees of Reg.
for correcting each grant, twenty-five cents; for recording each cor- ister-2
rected grant, fifty cents, and for a copy of such grant as in other
cases: and the clerks of courts shall be entitled to receive the same
fees they are allowed for similar services.
Sec. 9. In all cases where any error shall exist, in any grant is- Deeds not in]
sued by the state of North Carolina, or by the State of Tennessee, °,udins la"dain"
where by the courses and distances called for in said grant, do not Veyed tmayC<be
include the land actually surveyed or intended to lie granted; and the evidence of sale,
grantee in said grant, shall have sold and conveyed the land so
284
errors in grants, deeds and registration.
granted to him by said grant, to any person or persons, and shall have
described the land in said deed, by the courses and distances called
for in said grant, and not by such courses and distances as will in-
elude the land actually surveyed, such deed of conveyance shall be
held and received as evidence of the sale and transfer of the right to
the land actually intended to be granted; and in all cases where any
assignee of such grantee, or person claiming under such grantee,
shall heretofore by a petition have obtained any such erroneous
r'Where grant &1>ant to amended by the Secretary of North Carolina, or by the
has been altered, Secretary of Tennessee, or may hereafter procure the same to be
to be for the ben- amended, agreeable to the laws of this state, such assignee, or person
efin of pnrcha's. petitioning, shall and may read in evidence to support his, her or
their title to the land so intended to be granted, such deed or deeds
so made agreeable to the courses and distances of said grant as issued
originally by the State of North Carolina; and in all cases where
such original giant shall he altered by the order of any court in this
state, such alteration shall inure to the benefit of the purchaser, or
purchasers of the same, or their assignees, in manner aforesaid, any
law to the contrary notwithstanding; and all corrections of errors,
either in plats, certificates, grants, mesne conveyances, registrations,
&c., made in pursuance of this act, shall be good and valid both in
law and eqiiity.
[18 1 3.—Chapter 83.
Proceeding to Section 1. Whenever there has been or hereafter may be an er-
correct errors in ror or mistake made in any deed of conveyance, either in courses,
deeds of convey- distances or names, the person who is liable to an injury by such
mistake, may prefer his petition to the circuit court of the county in
Which the land is situated, setting forth the nature of the mistake,
distinctly, and all and singular the matters relative thereto, and the
said court shall examine such testimony as the petitioner may pro-
duce, and whenever it shall appear evident from such testimony that
there was an error committed in drawing out said deed of conveyance,
Court to order it shall be the duty of the court to order such mistake to be rectified
correction. so as to comport with the intention of the parties; and further order
the register of the county in which the land is situated to register the
same agreeably thereto.
Notice by ad- Sec. 2. Before anyppetition shall be heard and determined, the pe-
vertisement. titioner shall advertise in some newspaper published in the judicial
circuit, in which the land is situated, and if no newspaper shall he
published in such circuit, then in some paper in the next adjoining
circuit, setting forth the substance of his petition, and the term at
which he will make application for a hearing, three weeks in succes-
sion, at least thirty days before said petition shall be heard, and the
clerk of such court shall receive the same fees as are by law allowed
for his services in rectifying mistakes in grants, to be paid by the pe-
titioner.
Defendant may Sec. 3. When any person chooses to oppose the granting any peti-
enter bto appear- tion filed under this act, he may enter himself defendant, and each
ance. party shall give security for costs, and the cause shall then stand for
hearing as other argument causes, and if either party shall be dissat-
isfied with the judgment of such court, he shall have a right to an ap-
ERRORS IN GRANTS, DEEDS, AND REGISTRATION.
285
peal or writ of error under the same rules and restrictions as in other APPeal-
cases. *
, Sec. 4. When any person heretofore hath or hereafter may pur- veyr"a/teco£
chase any public land which may have been sold by virtue of any rected.
legal' authority for a valuable consideration, and there has been or
may hereafter be an error in surveying the same, the party liable to
be injured thereby may prefer his petition and cause the same to be
rectified in the same manner and under the same conditions that grants
are corrected by virtue of the act of 1809, chap. 101.
18 21.—Chapter 25.
Section 1. It shall be the duty of the register of East or West corraterrors.*0
Tennessee (as the case may be) to rectify all errors in grants which
may have been directed by the county courts, agreeably to the then
existing l^iws, in the manner the same would have been done by the
secretary of State, had no change in the law on that subject been
made.
1825 .—Chapter 52.
Section 1. In all cases where any of the registers of this state Errors to be
have heretofore committed, or hereafter may commit, any error in ^antstesuedun-
the issuance of any grant issued under the provision of an act passed |er the act of
at Murfreesborough, in the fall of 1823, establishing offices for the 1823.
purpose of entering therein the vacant and unappropriated lands ly-
ing north and east of the congressional reservation line, it shall be
the duty of the register of the land office, from which the* erroneous
grant issued, to correct the same, so as to make it agree and corres-
pond with the plat and certificate of survey upon which it issued,
whether such error be committed in the name of the grantee, or in
the courses or distances, or other local description, of the land which
may have been intended to be granted.
Sec. 2. In all cases where either of said registers of this state ma^corrlctiJn
shall be applied to for the purpose of correcting the errors in the first witbout fee,
section of this act mentioned, it shall be the duty of said register to where error was
make said correction; and if the said errors were committed by him- made by himself,
self, he shall make the same without demanding or receiving any fee
therefor from the person so applying as aforesaid^but that in all ca-
ses, where said errors may have been committed by the predecessors
of said register, then, and in that case, it shall be lawful for him to de-
mand and receive, from said applicant, for every correction of errors
in a grant, which he may make, the sum of fifty cents, as full com-
pensation for his services.
Sec. 3. If either of the registers of this state shall fail or refuse to
make the said corrections in the first section of this act mentioned,
when application shall be made to him for that purpose, it shall be
lawful for the person injured to commence and prosecute an action
on the case against him, for the recovery of such damages as the
party may have sustained in consequence of such failure and refusal
by said register.
Sec. 4. All acts done by said register, under pretence of correct-
ing said errors, which shall make the grant inconsistent with the plat
Remedy ag'st
Register for re.
fusal to correct.
Acts of regis,
ter when void.
286
errors in grants, deeds, and registration.
and certificate of survey, upon which the same may have issued shall
be utterly void.
182 6.—Chapter 25.
Act of 1825 Section 1. The same provisions and remedies which are enacted
extend to all by the ?Lct of 1825, ch. 52, for the correction of errors committed in
grants. the issuance of certain grants therein described, shall be extended
and made applicable to all such errors and mistakes as in said act d&
scribed, in all grants that have been issued or that shall hereafter be
issued, by any of the registers of this state, under the same rules,
regulations, provisions and restrictions, that are in said act contain-
ed, and none others.
ESCAPES.
177 7.—Chapter 8.
Justice to issue Section 9. If any person committed, rendered or charged in exe*
w&rr&nt for os* • • ♦
caped prisoner, cution, or upon mesne process, to any prison, shall thence escape, it
shall and way be lawful to and for any justice of the peace of the
county where such prisoner was in custody, upon oath of such escape
made before him by the sheriff, under-sheriff, or jailor, or other cred-
ible person, to grant to any person demanding the same, one or more
warrant or warrants, under his hand and seal, directed to all sheriffs,
bailiffs and constables within this state, reciting the cause of such
person's commitment, and the time of his or their escape, and com-
manding them and every of them in their respective counties and
Districts, to seize and retake such prisoner so escaped or going at
large, and being so taken, forthwith to convey to the prison where
debtors are usually kept, in the county where such retaking shall be,
there to be kept in safe custody until he or she be thence discharged
by due course of* wj which warrant the sheriff is required to obey and
Sheriff to re- receive the prisoner into his safe custody, and to give a note to the
and * ive^ecelpt' person or persons delivering him, her or them, certifying his receipt
B ' of such prisoner and shall also make return of the execution of such
warrant to the court of the county where such prisoner escaped; and
if he or she was there in custody charged in execution, then the sher-
iff shall safely keep him or her without bail or mainprize until he or
she shall have made full payment and satisfaction to the plaintiff or
plaintiffs, Creditor or creditors, in whose name such execution was is-
sued out, or until the judgment or judgments obtained against him or
her shall be reversed or discharged by due course of law; and if any
such prisoner shall have been in custody upon mesne process in any
action of debt, or upon the case, the sheriff to whom he or she shall
be so committed, shall in like manner, keep such prisoner in his safe
escapes.
287
custody, and make return of the execution of the warrant by which he or
she was retaken to the court of the county wherein he or she was first
arrested; and thereupon it shall be lawful for the said court, upon the
plaintiff's filing his declaration and entering the defendant's appear-
ance, to proceed to give judgment thereon in the same manner as if the Court to give
defendant had appeared in court and refused to plead, unless such de- judsment-
fendant shall cause special bail to be entered in said court, and shall
immediately plead to issue. And thereupon, on a certificate under
the hand of the clerk of the said court, that such bail is given and
delivered to the sheriff in whose custody such defendant shall then
be, it shall be lawful for him to set at large such prisoner, and not o- To be set at
therwise; but where any prisoner escaped, and retaken upon such larse on bail b»*
warrant as aforesaid, shall be thereafter charged with treason, felo- ven*
ny, or other capital crime in behalf of this state, for which he or she
ought to be tried in the circuit court, and shall be for such cause re-
moved to any jail of such court, every such prisoner shall be charged
in such jail with all the causes wherewith he or she stood charged in
the jail from whence he or she escaped, or was removed, until he or
.she be thence delivered by due course of law.
5 10. (Remedy against sheriffs for escapes in certain cases.
See Sheriffs.)
Sec. 11. Where any sheriff shall take the body of any debtor in Executors, etc.,
execution and shall wilfully or negligently suffer such debtor to es-
cape, and such sheriff or person suing out such execution, shall die cape.e" "
before a recovery can be had against such sheriff for such escape,
the person suing out such execution, his executors or administrators
shall and may have and maintain an action of debt against such she-
riff, his executors or administrators, for the recovery of all such sums
of money as are mentioned in said execution, and damages for detain-
ing the same.
ESCHEATS.
1809, Ch. 53, $ 1. (Escheated property to go to County Academy.
See Aliens.)
1827, Ch. 64, § 1. (Escheatedproperty to goto Common Schools.
See Common School Funds.)
18 29.—Chapter 43.
Section 1. It shall be the duty of the attorney general in this state, Atto; general
where th'ere may be escheated property in the hands of any person to sue for es-
in his district, or when the same may be converted into debts or mo- Seated property
ney, or when the same may consist of money alone, or where the same
may in any wise have been escheated to the state of Tennessee, un-
,288
escheats.
der the laws now in force, to commence a suit either in law or equity,
as he may think best, in the name of the state, in any court in his
district, for the recovery of the same,
state not to Sec. 2. Where any suit shall be commenced as above, the state
give security for shall not be required to give security for costs, and no suit in law or
C0Bts* equity shall be abated or quashed for want of form.
90 days to give Sec. 3. Any person having escheated property or funds in his
up escheated hands, shall have ninety days from the commencement of the suit
property. against him, her or them, to pay the same into the clerk's office or to
the state, in which case the court shall order the costs of suit to be
paid out of said fund so paid over, and the party paying the same
shall not be liable for any costs whatever.
1835, Ch. 23, § 6. (Escheated property to be delivered to super-
intendant of Public Instruction. See Common Schools.)
EVIDENCE.
1741, Ch. 24, $ 50. (Any negro, mulatto or Indian, giving false
testimony, to have thirty-nine lashes. See Slaves.)
§ 51. (Before the examination of any negro, mulatto or Indian, the
court required to charge them to declare the truth. See slaves.) ^
1794, Ch. 1, § 32. (All negroes, Indians, mulattoes, and all per-
sons of mi£ed bloOd, descended from negro and Indian ancestors, to
the third generation inclusive, whether bond or free, shall be incapa-
ble to be witnesses, except against each other. See Witnesses.)
1801.—chapter 6.
Private acts Section 56. Private acts of Assembly may be given in evidence,
evidence. without pleading them specially, either in law or equity.^
180 7.—Chapter 82.
Seltion 1. On the trial of any cause in any court in this state,
Printed or the printed or manuscript journals of the Senate and Houscof Repre-
nais evidence111* sentatives °f the General Assembly of this state, or either of them,
a or a copy thereof, certified by the secretary of state, shall and may
be received as prima facie evidence, in any court where the matter
contained in them, relates to the facts necessary to be established in
such cause.
evidence.
289
180 9.—Chapter 49.
Section 13. Where the clerk of any circuit court shall give a cer-
tified copy of any decree, judgment, record, or proceeding, of any Certified copies
superior court of law, or court of equity, the papers and records of
which courts may be delivered to him, pursuant to the directions of this OTjdence.
act, the same faith and credit shall be given to such certified copy, as
to a certified copy of any record or proceeding of the circuit court to
which said clerk may belong.
1811.—chapter 117.
Whereas it appears to this General Assembly, that John C. M'Lemore
has procured from the Secretary's office of North Carolina, a trans- Preamble,
script in eight bound books, marked A No. 1, B. No. 2, C. No. 3,
D. No. 4, E. No. 5, F. No. 6, G. No. 7, and H. N6. 8, of all the
grants issued by* said state, founded on military warrants, guard
right warrants, preemption warrants, Evan's battalion warrants,
and service right claims, shewing the number of the warrant for
which each grant was respectively founded, together with the sur-
veyor and chain carrier's names, containing in the whole, four
thousand, six hundred and thirty-nine, grants, duly authenticated
by the secretary of said state, as will appear by the certificate of
William White, secretary as aforesaid, accompanying the said
books: Therefore,
Section 1. U *( i --s taken lrom said books, certified by said John C.
M'Lemore, shall be received and read in evidence, in <Rny court of c femora's
record in this state, or by either of the commissioners appointed by books evidence,
law for the adjudication of land claims, and shall be entitled to the
same credit in all and every respect as copies duly authenticated by
the Secretary of North Carolina.
1812.—chapter 86.
Section 1. No grant or patent issued by the state of North Caro- certain grants
lina, in conformity with the provisions of an act of North Carolina, not evidence.
passed in 1811, authorizing surveyS to he made in the tract of coun-
try in Tennessee, called the Congressional reservation, or in confor-
mity with the provisions of any law which may hereafter be passed
by North Carolina, shall be read in evidence in any court of record
in this state, but all such grants or patents are hereby declared void.
1815, Ch. 47, § 1. (Licenses of marriage returned into the clerk's
office by ministers or justices shall be good evidence of marriage.—
See Marriage.) f
1819, Ch. 25, § 1. (Accounts from another county or state sworq
to by the plaintiff, and certified by the justice and clerk, shall be good
evidence to render a judgment. See Account.)
1819, Ch. 49, § 3. (Depositions of Notaries Public may be taken
and read in evidence. See Depositions.)
38
290 EVIDENCE.
1820.—Chapter 44.
Whereas it appears to this General Assembly, that John Cf M Le-
more has procured from the secretary's office of North Carolina, a
transcript in three bound books, marked A. B. and C., of grants
issued by said state, founded principally on John Armstrong's war-
rants, for land within the State of Tennessee, showing the number or
numbers of the warrant or warrants, upon which such grants were re-
spectively founded, together with the surveyor and chain carrier's
names, containing in the whole two thousand and seventy-one grants,
duly authenticated by the secretary of said state of North Caro-
lina, as will appear by the certificates of William Hill, secretary as
aforesaid, accompanying the said books: Therefore,
Section 1. Copies of said grants taken from said books, and certi-
fied by the said John C. M'Lemore, shall be received and read in evi-
dence in any court of record in this state, or before the commissioners
appointed by law for the adjudication of land claifns, and shall be en-
titled to the same faith and credit in all and every respect, as copies
duly authenticated by the secretary of North Carolina.
1825.—Chapter 26.
iv 8 cTtai7 of ®ECTI0N ^ shall be the duty of the secretary of state, upon ap-
generaT^phm & plication, to make out a transcript of the general plan now in his
their effect.' office, of the first, second and third surveyor's district, or any part
thereof, as may be required, which transcript, certified by him, shall
be read in evidence in any suit now pending, or which may hereafter
be pending, in any court of law or equity in this state, where the title
to any school tract of land shall, or may be, at issue, and such copy
shall only have the effect and weight as evidence that the original
plan, of which it is a copy, would have under the existing laws, if it
was produced, and no more.
1829,—Chapter 58.
Secretary's Section 1. The certificate and authentication of the secretaiyof
copies, &c. good state, to all copies, from the offices of the surveyor of the first dis-
evidence. trict, and from the record of grants from North Carolina, referred to
in the act of 1811, chap. 1817, and the act of 1820, chap. 44, shall
be taken and received as evidence in all courts of record, and else-
where in this state; and said secretary of state is authorized to re-
ceive the same compensation for said services as were heretofore
•allowed by law.
18 31.—Chapter 61.
Section 1. In all suits in any of the courts of law, or equity, in
to ^Matthews' ** state> ^ shall be competent to prove the running and locality of
line. Matthew's line by parol proof, and in no case shall the production of
the appointment in the plat of said survey, be required, in suits in
any of the said courts.
Preamble:
J. C. M'Lem-
ore's books evi-
(lonce.
evidence.
291
1835, Ch. 11, § 5. (The attestations, &c. of Notaries Public to be
evidence. See Notaries Public.)
EXECUTIONS.
1777, Ch. 8, $ 5. (Penalty on sheriff for failing to execute and
return process.(a) See Sheriffs.)
{7. (Sheriff to endorse fees on execution. See Sheriffs.)
5 10. (Judgment may be taken by motion against officer who
has received all or part of money on an execution, or who has per-
mitted an escape on a ca. sa. See Sheriff.)
^ . Executions
1 7 8 6.—CHAPTER 14. levied on \ rem
estates.
. Section 10. When it shall so happen that an execution in the
hands of any constable, in consequence of a judgment from any jus-
tice of the peace, and there shall be no personal property in his
county whereon to levy such execution, then and in all such cases it
shall be the duty of the constable to levy such execution on the real
estate of the person against whom it issued, and make return of such,
his proceedings to the next ensuing circuit court, that an order of
such court may direct the sheriff of the county to dispose of such
real estate, or so much thereof as the court may direct, according to
law. (6)
17 8 7.—Chapter 22.
Section 2. In all cases where decrees shall be made in any suit Executions to
in equity, for any sum or sums of money, it shall and may be lawful fsue °.n decrees
for execution to issue thereon against the defendant's body, or }^w®quity' 68 at
against his goods and chattels, lands and tenements, to satisfy such
decree; and lands and tenements, goods and chattels, shall be bound
by such decree, and execution, in the same manner as lands and tene-
ments, goods and chattels, are by judgments and executioris in law,
(а) This section applies to the return of executions as well as original writs. 3 Yerg. 327,
2. A return on an execution in these words: "Came to hand the 8th Nov. 1830, no money made on this
writ," is not such a return as required by this act. Same.
3. Upon such a return the plaintiff is entitled to a judgment nisi, against the sheriff, for the penalty in the
act: Same.
(б) The return of an execution on a magistrate's judgment, "no personal property found and levied on
sixteen acres of land," is a sufficient return to authorize an order of sale on the land. 2 Yerg. 577.
2. Lands conveyed by deed, which has not been proved and registered, are nevertheless subject to sale and
levy by execution. 3 Yerg. 171.
3. The execution debtor must have the deed registered, or deliver it to the purchaser at* the execution
sale; if he withhold it, equity will divest his title, and vest the legal title in the purchaser. Same.
4. A levy on land is sufficiently certain, if it distinguish it from other lands owned by other persons.—
Same.
5. A levy in these words, "Came to hand the 27th of March 1810, levied on 8000 acres of land, lying in.
four different tracts, April 28th, 1810," is not sufficiently certain, and a sale under it is void. Sam*
292
executions.
and costs in the same manner as execution, may or shall issue in
courts of law.
17 94.—chapter 1.
Process to issue Section 23. All process which heretofore issued against goodb,
chattels, band's -chattels, lands and tenements, shall for the future issue in the same
& tenements, manner, and such as issued only against goods and chattels, shall
hereafter issue against lands and tenements, as well as goods and
chattels; and the sheriff upon such attachment, execution, or other
First to be levi'd process, shall proceed to levy the same, upon the goods and chattels
on goods, 4-c; of the defendant in the first instance, if any there be; but if to the
best of his knowledge, there be no such goods and chattels, or not
sufficient to answer the plaintiff's demand, he shall execute the same
upon the lands and tenements to the amount of the whole debt, or of
so much as may remain, more than the value of the goods and chat-
tels so found; and such lands and tenements shall be liable, under
the restriction aforesaid, to be sold to satisfy the judgment of the
plaintiff; and where any sheriff shall have levied process upon lands
and tenements in manner aforesaid, and judgment shall have been
Lands to be t^iereuP0» had, he shall not proceed to sell the same, until in the
advertised. most public place in his county, he shall, forty days at least, before
the day of sale, have advertised the same. (c)
1794, Ch. 5, $ 7. (Entry or location may be sold under execution.
See Execution.)
1796, Ch. 7, $ 9. (Executions for clerk's fees. See Clerks of Cir-
cuit Court.)
17 99.—Chapter 14.
Personal notice Section 1. In every sale of lands and tenements, under any exe-
sonlnposlession cuti°n issued and levied, where the defendant is in actual possession
of land. and occupation of the land so executed, it shall be the duty of the
sheriff or coroner levying such execution, to serve the defendant with
written notice^stating that the said execution is levied on the said
(c) The sheriff by virtue of an execution, may sell the land of a debtor, although another may be in posses-
sion claiming it. 1 Tenn. 101.
2. Afi. fa. against the husband will sell the life estate of the wife in lands, so long as his life continues.—
4 Hay w. 234.
3. A still fixed upon the land of the lessor by the lessee, can be sold under fi. fa., as the property of tL lat-
ter. 5 Hayw. 109.
4. Where an execution is levied on land, and the sale suspended by supersedeas or in junction, the eendt-
tioni exponas is the proper writ to carry the judgment into effect. Mart, and Yerg. 3 7.
5. The equitable interest which an obligee has in the land covenanted to he conveyed to him, is not such &
trust or interest as is subjected to execution at law. 1 Yerg. 1. 2 Yerg. 400.
6. A levy on personal property sufficient to pay the debt, is a discharge of the debt, and a satisfaction of the
execution. But a levy on real estate sufficient to satisfy the execution, is no discharge; and if it be not sold,
an alias fi.fa. may issue, which may be levied on personalty. 5 Yerg 227.
7. A levy on personal property, and the execution of a bond of delivery, is a satisfaction of the judgment.
6 Yerg. 246.
8. When the property of the defendant is in the house of a third person, or in the smoke house n ithin the
curtilage of said third person, a demand for admittance by the officer, and a refusal by the third person are
necessary to justify the officer in breaking the door and entering. 6 Yerg. 525.
9- An execution will not authorize an officer to break the door of a third person's house, in a disorderly and
riotous manner, in order to levy it upon property of the defendant. Same.
10. If there be a joint judgment, it must be followed by a joint execution, and a several execution issued on
such judgment will be quashed. 3 Yerg. 426.
executions.
293
land, and mentioning the time and place appointed, or to be appoint-
ed, for the sale thereof, at least twenty days previous thereto; and
in every case where the defendant or defendants in execution, are
not in actual possession or occupation of such land and tenements as
shall be so executed, it shall be the duty of the sheriff or coroner, to
whose hands such execution shall come, to advertise and publish, at ^eriff toTdver-
least three different times, in some newspaper printed in this state, tise 3 times in
the tract or tracts of land and tenements on which he may have levied some newspaper
such execution, the first of which publications shall be made at least
forty days previous to the sale of such lands and tenements, and shall
mention the name of the plaintiff and defendant, and describe the
said lands and tenements particularly, and mention the time and
place appointed for the sale thereof; and the cost of such publication
shall be received and paid out of the sale of such land, or satisfied by
the defendant. (d)
Section 2. No execution on lands shall be levied, or sale of lands, sale of land to
or tenements under execution shall be made, which may affect the bein 12 monthB-
titles of any person purchasing bonajide from, through or under a*
defendant in any judgment, unless such execution shall be issued
and levied on such land, and sale thereof made in twelve months
from the time of the said judgment being rendered: and every sale
of lands or tenements under execution, made contrary to the provi-
sions of this act, shall be null and void, to all intents and* purposes.(d)
Sec, 3. Where an execution shall be levied on any lands and Defendant may
tenements, it shall and may be lawful for the defendant in execution, divide land into
to divide the lands and tenements executed or levied on, into such tots,
divisions as he shall judge proper; and on the day of sale, if the exe-
cution be not previously satisfied, to sell such lands or tenements, a
division at such a time, according to the plan of execution delivered
to him, by the defendant in execution, until said execution, with costs
of sale, is fully satisfied and paid, and no more: Provided, if the otherwise shff
defendant in execution shall not deliver to the sheriff or coroner, a to sell without a
plan of division, subscribed with his proper name, and bearing some division,
date subsequent to the date of the advertisement, previous to the day
of sale, or on the day of sale, at or before twelve o'clock, that it shall
be the duty of the sheriff or coroner to sell the lands so executed,
without any division.
1801, Ch. 7. § 5. (Proceedings against Constable, for failing to
make return on execution.(e.) See Constables.)
(d) An execution issued and levied upon land, more than a year after the rendition of the judgment, is irre-
gular or voidable, but not void, and filing a bill of injunction, cures the irregularity. Mart, and Yerg, 367.
6 Ye'g. 518.
2. In such case the lien of the judgment is fixed to the particular piece of land levied on, and a sale of the
land afterwards by the judgment debtor, would be void. Same.
3. Obtaining an injunction does not defeat the lien,if the injunction is afterwards dissolved, although secu-
rity was given in the injunction bond. Same.
4. If a defendant in an execution, whose land has been levied on, had all the information that a written notice
could give, or was present when the land was sold, he cannot avoid the sale for want of twenty day's written
notice. 5 Yerg. 215.
5. The purchaser of land under execution, isentitled to possession so soon as he gets the legal title, and is not
compelled to wait until two years expire, 5 Yerg. 225.
(e) When an execution is issued by a magistrate in twenty days, the not returning it, will not vitiate the
proceedings under it. 2 Tenn. 39.
204
EXECUTIONS.
18 0 3.—chapter 6.
Clerk to en- Section 2. It shall be the duty of the clerk to indorse upon the
dorse date of writ of execution the day aud year the judgment was rendered, by
judgment, virtue of which said execution issued.(/)
§ 3. (When a judgment has been rendered in any of the courts
of record, and execution issued, the sheriff may summon garnishee.
See Garnishee.)
1803.—Chapter 18.
Penalty for Section 1. If any sheriff, coroner, or other officer of this state
not returning on shall fail or refuse to make return of any execution that may hare
terni"4 day °f come to hand issued from the clerk of the county, ov circuit court
where such sheriff, coroner, or other officer resides, on or before the
second day of the term to "which said execution is made returnable,
judgment may be rendered against such officer and his securities for
the amount of the money and costs mentioned in such execution, on
motion of the party aggrieved, and proof that such execution came to
such officer's hands, (g)
Judgment for Sec. 3. When any person is taken by any of the officers aforesaid
suffering defend, by virtue of any execution against the body, and such officer shall
ant to go at large permit or suffer such person so taken to go at large, such officer shall,
on motion of the party at whose instance such execution issued, have
judgment entered up against him and his securities.
180 5.—Chapter 50.
Section 5. Forty days notice shall be sufficient in all sheriffs sales
noticeF°rty dayS t<3 ma(^e, an<* wkich by law are required to be published in the
(/) On the 12th of January, 1829, a judgment was rendered in the supreme court at Nashville against A„
and execution issued and came to the sheriff's hands on the 9th of February ,* on the 21st and 24th January,
1829, two judgments were rendered in the county court of Lincoln, and executions came to the sheriff's hands
on the 6th of February. Held that the judgment in the Supreme Court must be first satisfied. 1 Yerg, 2 91.
2. Where a conveyance of land is made on the same day that a judgment is rendered, the time may be proved
to settle the priority. Same.
2. Judgment rendered upon different days of the same term, relate to the first day, as between creditors. 4
Yerg. 358.
(h) Constructionofact 1803,ehapter 18,- and 1777,chapter8. 4Hay, 191.
2- Upon motion judgment was rendered against the sheriff upon the proof that the execution come to his
hands and was never returned; aud also upon this further proof that he had told the witness that theexecu-
tion come to his hands and that he had collected the money. The sheriff lived in the district, and for
this reason notice was dispensed with. The court proceeded on the act of 1803, chapter 18, section 1. 5
Hay, 39.
3. Judgment will be rendered against a sheriff, on motion for the non-return of a fifa at the return term of
the process, without notice, if proof be made that the fifa come to the hands ofthesheriffinduetime; but if
the motion be made at the second term there must be notice given. This case being a non return of process
is within the act of1803. Peck 196.. Yerg. 416.
4. For an insufficient return by a sheriff, wieha viewto injure tliejplaintiff, or favor the defendant,the
plaintiff may proceed by attachment, rule, or action against the sheriff. Same.
5. In proceedings by motion against the sheriff for the non-return of process under the act of 1803, chapter
18, every fact necessary to a recovery must appear upon tl e face of the record to give the court jnrisdiction.
The record must shew from what court theexecntion issued, to what term returnable, and the nmountofthe
judgment upon which the execution issued. 4 Yerg. 161.
executions.
295
180 5.—chapter 66.
Section 4. Any execution that shall be issued by a justice of the ^^defendant
peace against the body or goods and chatties of any person who may in execution has
remove himself or goods and chatties to any other county in this state, removed to ano-
before the same is satisfied, in every such case, it shall and may be thercounty"
lawful for the person or persons, having any such judgment and exe-
cution to obtain the certificate of the clerk of the county, setting forth
that the magistrate who granted the judgment and execution was at
the time an acting justice of the peace of his county, for which the
clerk shall receive fifty cents, to be paid by the party applying for
the same, and the fees shall be endorsed on the certificate, and on
producing said execution and certificate to any justice of the peace
of the county to which any debtor may have removed himself or pro-
perty, it shall be sufficient to authorize any justice of the peace to
issue an execution on the said judgment, for the amount of the judg-
ment and costs, and the cost of the clerk's certificate.
Sec. 6. When any justice of the peace hath issued an execution on 'Alias and
a judgment, and the constable or other officer to whom it is directed
return the same not satisfied, then, and in that case, the justice shall,
if requested, issue an alias or pluries writ for the same.
180 6.—Chapter 57.
Section 1. So much of the second section of the act of 1799, chap-
ter 14, as compels the plaintiff to levy his execution and sell within
twelve months from the time he obtains judgment, or his execution
will be forever barred, is hereby repealed, so far as respects lands
that then laid within the Indian boundary.
1807, Ch. 99, { 1.—(Execution sales4 not to be made before ten
o'clock A. M.,or after sun-set; if so, sale void, (h) See Constables.)
1809, Ch. 31,5 5.—(How to transfer entries sold under execu-
tion. See Entries.)
1811.—Chapter 87.
Section 1. In all cases where the papers of any suit or suits may
be deposited in the clerk's office of any county within the state, by
any justice of the peace upon his resignation or removal, or by his
representatives after his decease, and it appearing from such papers,
that any judgment given by such justices so resigned, removed, or
dead, has not been fully satisfied, the clerk with whom said papers are
so deposited, on application of the plaintiff in any such suit or suits,
is hereby authorized to issue an" execution thereon, returnable before
him in the same manner as if issued by a justice: Provided, never-
theless, that any plaintiff shall not derive greater advantage from any
such execution than if the same had been issued by a justice.
Act of 1799,
chapter 14, in
part repealed.
Clerk to issue
execution for ba-
lance on justic's
papers returned
to his office.
(h) A sale made by the sheriff after sun set, at the instance of the defendant, cannot be urged by him as a
fraud detrimental to his rights. The Act of Assembly on this subject was made for the benefit of defendants,
and may be dispensed with to suit their convenience. 3 Hay. '11.
296
EXECUTIONS.
181 3.—Chapter 103.
{1.—(Penalty for sheriff or constable buying at his own sale. See
Constables.)
Section 2. When any sheriff, deputy sheriff, or coroner shall levy
an execution upon lands, negroes, horses, or other property, he, or
they, or either of them, shall advertise the time and place of sale at
aWour^iacTs in f°ur places at the least in his county, one of which shall be at the door
certain cases, of the court-house in his county, another at the most pululic place in
the neighborhood of the party whose property is to be sold, and at
the other two most public places in his county, and if either of the
officers aforesaid shall presume to sell any property without first adver-
tising the same as aforesaid, he or they, or either of them so offending
shall be liable in the manner and under the same rules, regulations,
and restrictions, pointed out in the first section of this act: Provided,
nothing herein shall prevent the necessity or supersede the adver-
tisement of the sales .of land in the public newspapers as heretofore.
18 1 3.—Chapter 109.
Section 1. When judgment shall be entered against any sheriff co-
roner, or constables/or failing to return execution on the second day
Judgment for of the term, or failing to pay over money collected on execution, it shall
^cent^c*^ duty of the Court granting said judgment, on motion of the party
per cent., c. injUred, to give judgment for twelve and a half per cent, on the amount
so recovered by the way of damages and costs.
1817, Ch. 54, § 1.—(Surplus received by . officer from execution
sale, more than sufficient to pay the debt and costs, to be paid over
to the owner of the property. See Constable.)
1820, Ch. 11, § 1,—(Certain articles exempted from execution.
See Poor.)
§ 2, 3, 4, 5, and 6.—(Relate to the redemption of property sold un-
der execution. See Redemption.)
1820, Ch. 151, § 1.—(Execution against maker and endorser of
note, first to be made out of maker. See Joint Liability.)
18 23.—Chapter 54.
Section 4. All executions issued on judgments rendered in any of
in chancery the chancery or supreme courts in this state, shall be returnable in
and sup'e. courts .
returnable in 6 S1X months.
months. 182 3.—Chapter 55.
Certain exe- Section 1. All judgments heretofore rendered, or which may
cutions not to hereafter be rendered, agreeably to the provisions of the first section
die, &c. of the act of 1811, chapter 87, the papers of which have heretofore
been filed, or which hereafter may be filed, in conformity to the said
EXECUTIONS.
297
first section of the aforesaid act, shall not die for want of an execution
having issued thereon within the time prescribed by law, but that the
clerk shall proceed thereon as in other cases.
18 2 5.—Chapter 23.
Section 1. When it shall appear, that judgments rendered by jus- cierksto issue
tices of the peace, who have died, removed, or resigned, are unsatis-
fiedj on application of the attorney, it shall be lawful for the clerk of Ces' papers,
the county court; in whose office such papers may be filed, under the
acts now in foice, to issue executions on said judgments, to any coun-
ty in this state, from which execution the plaintiff shall receive the
same benefit, and the officer into whose hands the same may come,
shall have the same authority to proceed, as if the execution had
issued from the justice of the peace on a judgment rendered by him
in the county to which the same may be directed.
Sec. 2. It shall be the duty of the officer to whose hands such exe- To return.
cution shall come, to return the same to the clerk by whom it was ed to clerk issu.
issued, in forty days from the time he may have received such execu- ing in 40 days,
tion, and shall be liable for neglect of duty in such case, in the same
manner as officers are liable on failures to return executions and pay
over money in other cases. (
Sec. 3. The officers executing the foregoing process shall be enti- Fees of offi.
tied to the same compensation as they now are in similar cases, and cers. 1
the clerk issuing the same, fehall be entitled to fifty cents therefor to
be taxed as cost in the writ.
1825, Ch. 40, § 1, 2.—(Execution not to be levied on disputed pro-
perty without bond of indemnity. See Constable.)
18 2 5 .—^Chapter 60.
Section 1. Where any execution issued from a justice of the
peace in this state, shall be levied on real estate and returned to court,
and an order of sale issued on said execution agreeable to the law
now in force, and the real estate executed as aforesaid, shall fail to
satisfy the judgment, then, and in that case, it shall be lawful for the
clerk in whose office said justice's Execution may be returned, on re-
turn of the sheriff of the amount of the said real estate, to issue an
execution against the defendant for the amount of said debt not satis-
fied, with the same power that justices of the peace now have in such
cases by virtue of 'procedendo.
1825, Ch. 82, § 1.—(Original security released by security on
stay of execution. See Security.)
18 2 7.—Chapter 19.
Section 1. In all cases where judgment may be rendered by a jus-
tice of the peace, and where by a law a stay of execution is allowed, iud^nt^piain-
the party against whom judgment may be rendered, shall give good tiffs before jus-
and sufficient security for the faithful and true performance of the
39
Clerks to is.
sue execution for
balance in cer-
tain cases.
293
EXECUTIONS*
said judgment, or on failure to give such security, it shall be tjie duty
of the justice who may render such judgment, to issue execution on
the application of the plaintiff or his agent as though no stay were
allowed.
1827, Ch. 20,5 1.—(Certain articles exempt from execution. See
Poor.)
1827, Ch. 25, § 4.—(Securities of sheriffs liable, on their bond, for
moneys collected on executions from justices. See Sheriffs.)
18 29.—Chapter 12.
Section 1. When an execution, issued by a justice of the peace,
on tend" juJtice shall be levied on real estate, pursuant to the provisions of the laws
to return all the now in force and use in this state, it shall be the duty of the constable
papers. or other officer making such levy, to return such execution with the
proper endorsements thereon to the office of the justice of the peace
who issued the same, whose duty it shall be to make return of suck
execution, together with the judgment on which it was issued, and all
the papers in said cause, to the next circuit court of the county of
which he is justice, and the court to whfch said return shall be made,
shall proceed as heretofore to Condemn said real estate.
182 9.—Chapter 90.
in execution
sales, from
tices' judgment,
Section 1. It shall be the duty of all officers levying executions
Advertisement issued on judgments rendered by justices of the peace, to advertise
the sale as now directed by law, at one public place in the captain's
,nt<" company where the defendant resides, and at two public places in the
company where the sale is to be made.
1831, Ch. 8, § 2.—(Clerks required to enter on their execution
tfocket the date of the issuance of each execution, to what county
issued, and the return of the sheriff thereon; and also the receipts
and dates thereof all moneys paid into their office. See Clerks of
Circuit Court.)
1831, Ch. 26, {1.—(Executions on judgment by attachment levied
on land to be returned to court. See Attachment.)
1832, Ch. 3, § 1.—(Clerks to issue executions to plaintiff or his
attorney whenever demanded. See Clerk.)
1832, Ch. 10, § 1.—(No execution to issue against executor or ad-
ministrator, until twelve months after qualification as such. See Ad-
ministrators and Executors.)
1833, Ch. 2, § 1.—(Certain property exempt from execution in the
hands of wife or widow in certain cases. See Poor.)
EXECUTIONS.
299
1 8 3 3.--Chapter 20.
Section 1. It shall not be lawful for any sheriff, coroner, or con- Standing cropj
stable to levy an execution on any crop growing or attached to the
freehold, before the 15th day of November next, after such crop is
matured.
Sec. 2. The purchaser of any standing crop, levied on and sold af- purchasers of
ter the 15th day of November, as aforesaid, shall be vested with the standing crops,
same rights and interest in such crop, that the person or persons had,
whose title such purchaser under execution, has bought, and no more
or other: Provided, that nothing in this act contained, shall be con-
strued to deprive landlords of any lien on such crops for rent, or of
any means of securing or obtaining the same, to which by law they
are now entitled.
Sec. 3. Nothing in this act contained, shall be construed to prevent ^ Attachment
the levy of an attachment or execution on a standing crop at any time: B owe '
Provided, the owner thereof has absconded and left the country:
Provided also, nothing in this act contained, shall be construed to
repeal any law, or any part thereof, exempting certain articles of pro-
perty from execution.
1833, Ch. 80,51, 2, 3,4.—(Certain property exempt from execu-
tion in the hands of the heads of families. See Poor.)
1835. Militia Act. § 68.—(Arms exempted from execution. See
Militia.)
1835, Ch. 5, § 10.—(When execution may be issued on confessed
judgments in the county courts. See Judgment.)
183 5.—Chapter 17.
Section 4. All executions issued by justices of the peace, shall be How retHrne-
returned before the justice who issued them, or before the justice who
may have possession of the original judgmeut, as the case may be,
within thirty days after their issuance, and if any officer into whose
hands an execution may come, which has been issued by a justice of
the peace, shall fail to make return thereof as herein before directed, faiiure°toareturn
the plaintiff may, on motion before said justice, take a judgment five day's notice,
against him and his securities for the amount due in ^aid execution,
with damages of twelve and a half per centum fop such failure: Pro-
vided, the plaintiff, his agent or attorney give to the constable or
other returning officer, five days notice at least of the time and place
of such motion: and Provided also, that inability to attend and make
such return of an execution as directed by this act on account of sick-
ness, high water, or engagement in executing any precept in behalf
of the state, shall be a sufficient reason to authorize the justice of the
peace to discharge said.officer for his failure to return as aforesaid:
and Provided further, that where there shall have been a levy made
to satisfy an execution, and there shall not be sufficient time to sell
between the levy and the return day of the execution, or a sale shall to^vy.Tien'to
in other respects be defeated, in such case the lien given by the levy continue;
shall continue, and the justice of the peace shall issue an order of sale
upon said execution so levied and returned.
30G
EXECUTIONS.
{5.—(Execution to be returned to justice having the original jufty-
ment. See Justices.)
5 7.—(Justices to keep execution docket. See Justices, Sfc.)
§ 10.—(Two days to stay execution. See Stay.)
18 3 5.—Chapter 19.
Section 6. If any sheriff, coroner, or other officer has failed, or
On failure of shall hereafter fail to make due and proper return of any execution
aheriff to make issued from any court of record in this state and to him directed and
return. received by him, or has failed or shall hereafter fail to pay over the
money on any execution after the same is or shall be returned satis-
fied, in whole or in part, or making a false or insufficient return, such
sheriff, coroner or other officer and his securities, shall be liable to a
motion in the circuit court of the county from which the execution
issued, and judgment shall be rendered against them for the amount
due upon said execution, or for the amount collected by such sheriff,
coroner, or other officer with interest thereon, together with twelve
and a half per cent, damages: Provided, that if the sheriff or other
officer resides in any other county than that from which the execu-
tion issued, he shall have ten days notice of such motion, or if the
motion be made at a different term than the one to which such exe-
cution shall be returnable, such sheriff) coroner, or other officer shall
have ten days written notice of the motion about to be made against
him and his securities: and Provided further, that in each of the
foregoing cases, the sheriff, coroner or other officer failing to make
due return of any execution to him directed and received by him, or
failing to pay over the money due on the execution after the same has
been returned satisfied, in whole or in part, or making a false or in-
sufficient return thereof, may be proceeded against in the court to
wHich the same is returnable or has been returned, for a contempt
for such failure or breach of duty: and Provided further, that in all
cases the said sheriff, coroner, or other officer, by proof of having placed
the said process in the regular mail at the court-house of the county
to which the execution is directed with the proper return thereon,
sealed up in the presence of the post master in due time, directed to
the clerk of the court of the county from which the same issued, shall
be exonerated from all such liability as is imposed by this act for fail-
ing to make due return thereof.
1835, Ch. 41.—(Judgment may be stayed four months. See Stay
of Execution.)
fees of attorney general.
301
F E E S .
of attorney general.
18 01.—Chapter 33.
Section 4. The Attorney General shall be allowed the following
fee to be included in the bill of costs; viz. In each prosecution where
the grand jury shall return a true bill three dollars.
181 5.—Chapter 136.
Section 2. In all prosecutions in behalf of the'state, where by the
judgment of the court the defendant is ordered to pay the costs, the
attorney for the state shall receive the sum of five dollars to be taxed
in the bill of costs.
1817.—Chapter 87.
Section 1. The law of 1825, increasing the tax fees of solicitors, Forfeitures u.
shall not extend to forfeitures against witnesses or jurors or overseers eainst witnesses
of roads, unless such witnesses or jurors or overseers, plead to the apd lurors*
scire facias run against them upon their forfeitures.
18 21.—chapter 6.
Section 10. The Attorney General's tax fee in each prosecu tion Overseers,
against an overseer of any public road, shall be two dollars and fifty
cents and no more.
18 21.—Chapter 47.
Section 1. When two or more persons shall be included In the Two or more
same indictment for a riot or an affray, and upon the trial said persons f.non.eindlctra'nt
do not sever, but shall elect to be tried collectively, the attorney's °r*ot* et°'
tax fee shall be the same as is now allowed by law, where the indict-
ment or presentment includes but one person, in cases where the
county is taxed with the costs.
1824, Ch. 5, § 3.—(For convicting person of gaming, to be paid by
defendant, ten dollars. See Gaming.)
182 9.—chapter 100.
Section 4. In case any grand jury in this state shall return any «Not,a true
bill of indictment endorsed by their foreman not a true bill, no cost or bill" no tax fee.
302
fees of clerks.
tax fee shall be allowed to the attorney general for the same as here-
tofore taxed.
Misdemeanor Sec. 5. In no case of misdemeanor, where the county pays the
$2w0* costs, shall the attorney general's tax fee be more than two dollars
and fifty cents.
1832.—chapter 6.
in Felonies. Section 6. The Attorneys General in this state shall in all cases
of a criminal nature, where by the laws of the state, the punishment
is death, be entitled to a tax fee of twenty dollars—in all cases of
. perjury, fifteen dollars, and in all cases punishable by imprisonment
in the penitentiary, ten dollars; Provided, where the defendant is ac-
quitted, the attorney general shall only be entitled to five dollars as
a tax fee in such case.
1833, Ch. 43, § 4. (Fee for judgment against sheriff or clerk on
motion, five dollars. See Attorney General.)
1835, Ch. 13, § 15. (Fee of twenty-five dollars for proceeding a-
gainst persons using money in discounting notes, &c. See Revenue)
1835, Ch. 15, § 21. (Fee of twelve dollars and fifty cents for each
successful motion against delinquent collectors of taxes. See Reve
nue Collector.)
1835, Ch. 25, 5 3. (Fee of twenty-five dollars against retailers of
liquors. See Ordinaries and Tippling Houses.)
5 4. (Fee of twenty-five dollars on motion against clerks. See same.)
1835, Ch. 47, § 6. (Fee of twenty dollars for prosecuting venders
of lottery tickets. See Lottery.)
of chairman of county court.
1 8 2 5.—Chapter 75.
Section 1. For each certificate he shall make as chairman, for the
purpose of authenticating records and other instruments of writing,
twenty-five cents.
of clerks.
1.7 79.—Chapter 4.
Court? to de Section 7. If any clerk shall, during the sitting of the court where-
termine fees, of he is clerk, demand other or greater fees than by law is allowed,
w£en too^ much cour^ sball immediately, on complaint being made thereof, deter-
fees of county court clerks.
mine what fee or fees shall be paid to the said clerk by the party
complaining.
of county court clerks.
1831.—Chapter 9.
Section 1. It shall be lawful for the clerks of the county courts
of this state to demand and receive the following and no higher fees
for their services, to-wit:
For tavern rates, . . , . . j $0 20
For every petition of a private nature with argument
thereon, excluding such as are the leading process, of a
suit, 0 25
For entering the probate or acknowledgment of a convey^
ance of land or other estate and certifying the same, 0 25
For commission to take the examination of a feme covert,
entering return thereon and every other service, 0 50
For recording a power of attorney or bond, . . 0 374
For a copy thereof . . . ' ' . . . 0 374
For every certificate of a power of attorney or instrument
of writing, including the seal when necessary or requir-
ed,' 0 50
For issuing an order to the sheriff or subpoena for each sur-
veyor, witness, or juryman named therein, . T 0 124
For taking or filing affidavits, each, ... 0 6f
For a search or examination of the record out of court, 0 124
For every subpoena to bring in a paper or record, . 0 25
For every search for any paper or judgment returned into
their office by a justice of the peace who has resigned,
died or removed, 0 124
For every execution issued on adjudgment before a justice of
the peace and bill of costs, .... 0 124
For certifying that a justice of the peace is an acting jus-
tice, without the county seal, . . . . 0 20
For issuing merchant license, .... 1 00
For entering on the minutes the probate of a will, qualify-
ing executors, taking bond and recording will and a copy
thereof, 100
For taking bond and issuing letters testamentary, . 0 50
For the copy of a will with certificate, after the first copy,
with the seal 0 50
For qualifying administrators, entering the same of record,
taking bond and letters of administration, . . 1 00
For receiving and entering in a well bound book an
inventory of a deceased person's estate, account of
sales, or account current exhibited by an executor or
administrator, each 0 50
For search, copy and certificate of the same, if the estate
is worth two hundred and fifty dollars, , ,. 0 20
If over two hundred and fifty dollars . . . 0 40
304
FEES OF COUNTY COURT CLERKS*
For every marriage license and bond, . . . 0 50
For each guardian bond, 0 50
For each bastardy bond, 0 50
For apprentice indenture, T 0 50
For qualifying each constable, entering his appointment of
record and taking bond, 1 00
For qualifying each sheriff, taking bond and recording the
same, 2 00
For recording mark or brand, . . . . .0121
For a copy of the record showing who is or was sheriff, and
for the sheriff's bond and copy thereof if recorded, to be
paid out of the county tax on the clerk's producing the
treasurer's receipt, 100
For rendering to the county trustee each year an account
of the fines, forfeitures, and announcements due and pay-
able to the use of the county, to be paid out of the county
tax on the clerk's producing the treasurer's receipt, 100
For issuing license to exhibit shows, . . . 100
For the probate of a wolf's scalp and certificate thereof,
whether one or more wolves, . . . . 0 25
For receiving and paying over all taxes on merchant's li-
cense, ordinary license, tax on suits, and all other taxes
received and paid over by them to the proper officers, 2i p. cent.
For all services by law {required in the emancipation of a
slave, r . 1 00
For registering the certificate of the freedom of a negro, 0 25
For a certified copy thereof, 0 25
For issuing a judicial attachment and proceedings thereon, 1 00
For taking and inserting in the tax book the list of taxable
property of a person failing to make return to the tax
commissioner, 010
For making and delivering to sheriff a list of polls and taxa-
ble property in the discretion of the court, not exceed-
18 31.—chapter 12.
Fee for recor- Section 1. The fees of the clerks of the several county courts in
ding guardian this state, for receiving and recording as required by law, an account
return. current exhibited by a guardian, shall be thirty seven and a half cents
for eaqh account so rendered and recorded, and nothing in this act
contained shall be so construed as to authorize the clerk to charge
for the service above specified, more than said sum of thirty seven and
a half cents, although the account of more than one ward may be em-
braced in the guardian's account so rendered, unless the numbeT of
wards accounted for shall exceed four, in which case the clerks may
charge six and a fourth cents for each additional one over that number.
183 3.—Chapter 92.
Section 17. The clerk shall receive the sum of twelve and one
Fee for search- cents for every search of the record to he kept hy him, of the pro-
probate^dteds, bate or acknowledgment of deeds, and other instruments, and the
PEES OP CIRCUIT COURT CLERKS. 305
sura of twenty five cents for issuing a subpoena for each witness re- 4c. and for filing
quired to be summoned to any deed or instrument, and the sum ofinstrumentB'
twelve and one half c$nts for filing and entering the date of such filing
or presentation of any deed or other instrument, where the witness
or witnesses thereto are required to be summoned, or where the bar-
gainor or bargainors, obligor or obligors, are unknown to said clerk,
and the probate or acknowledgment is delayed until the provisions of
this act in such cases are complied with, in addition to the fees now
allowed by law for taking probates or acknowledgments of deeds or
other instruments, and certifying the same.
1835.—Chapter 13.
Section 4. For every license to keep a Stud or Jack, $0 50
For a license to keep a Tavern or a Tavern with autho-
rity to Retail Liquors, 1 00
For a license to Auctioneers 1 00
For a license to keep a Confectionary. . . 1 00
For license to a Broker, . . . 100
For license to Hawkers and Pedlars, . . 1 00
For license to keep a Race Track, ^, . . 1 00
For license to open Insurance Office^ . . 1 00
For license to Wholesale Merchant, . . 100
Sec. 6. For license to Commission Merchant, . 1 00
Sec. 13. For receiving and recording the statement of
persons using money in buying bills, bonds or notes, 0 50
Sec. 18 For every license under this act, See Revenue, 1 00
183 5.—Chapter 14.
Section 18. The clerk of the several county courts shall be enti-
tied as a compensation for making out the duplicate tax list, which he Fee for mak-
is by law bound to furnish the comptroller of the treasury, the sum j^duplic#t#
of one dollar for each commissioner's return thus made out, to be
paid out of the treasury of the state, on said clerk's producing the
comptroller's receipt for such duplicate tax list.
OP CIRCUIT COURT CLERKS,
f
)■
18 31.—chapter 9.
v Section 1. It shall be lawful for the clerks of the circuit courts of
this state, to demand and receive the following, and no higher fees for
their services, to wit:
For every leading process, . • . $0 75
For every security taken oq issuing such process, . 0 20
For entering security bond, with the names of the secu-
rities, on the book, to be by him kept for that purpose, 0 20
For presentment and indictment, charging the prisoner and
hisplea, , ... 0 50
For a venditioni exponas, . . 0 50
40
306
.FEES OF CIRCUIT COURT CLERKS.
For a writ of possession or distringas, . . 0 75
For every scire facias against heirs, . 0 75
For every scire facias against bail, . . . 0 75
For every other scire facias, . , 0 50
For the transcript of every record which shall consist of
the leading process, prosecution bond, bail bond, decla-
ration, pleas, interlocutory orders, continuances and final
judgment, including fee, the seal of court thereto, if
necessary, or required, . . . 1 624
For every other paper, bill or bills of exceptions, or exhibit
thereto affixed, and made part of the record, for every
onejbundred and eighty words contained therein, 0 18
For entering and filing every recognizance, . 0 25
For every continuance of any cause after the second term, 0 374
For every petition of a private nature, with argument
thereon, excluding such as are the leading process of a
suit, . . . . . 0 25
For proceedings on a petition for laying off a tract of land,
agreeably to the contract of a person deceased, where it
is part of a large tract, . , - 0 75
For a copy of such proceedings, . . 0 374
For every reference of a cause to arbitrators, . 0 374
For entering final judgment after the first term, . 0 75
For the dismission of every cause at the first term, . 0 25
For entering a judgment for costs, . . 0 25
For a subpoena for each witness named therein, . 0 124
For every fieri facias, . . . 0 374
For every order to take depositions, . . 0 25
For every order for a survey or other interlocutory order,
and copy thereof when necessary, . . . 0 25
For every commission to take the examination of a witness
in any cause depending in court, . . 0 25
For all proceedings on the legitimation of illegitimate chil~
dren, . . . . 100
For entering a special verdict, judgment on demurrer, or
motion on arrest of judgment, or plea in abatement, 0 374
For entering order for appeal, and taking appeal bond, 0 75
For clerks of the appellate court for receiving and filing the
record brought by his court by appeal, writ of error and
certiorari, and docketing the same, . 0 75
For a writ of error, . . 0 50
For a certiorari, . . . . 0 25
For supersedeas, . . . 0 25
Fpr a prosecution bond and security, . 0 50
For each security taken for prosecution in court, and enter*
ing the same of record, . • 0 25
For issuing an order to the sheriff, or subpoena, for each .
surveyor, witness or juryman named therein, 0 124
For making out a copy of the costs in each suit, . 0 25
For taking or filing affidavit, each, - . 0 64
For empanneling each jury, . . 0 124
For a search or examination of the record out of court, 0 124
For every subpoena to bring in a paper or record, 0 25
For rendering to the county trustee each year, an account
of the fines, forfeitures, and amercements, due and paya-
fees of clerk of chancery court.
ble to the use of the county, . . 100
For receiving and paying over all taxes on suits, and all
other taxes by them received and paid over to the pro-
per officers, . . . 24 p. c.
For issuance of a judicial attachment, and all proceedings, 1 00
18 3 1.—Chapter 11.
Section 1. For recording the petition and the opinion of the
court, on an application to render legitimate, illegiti-
mate persons, . . . 1 00
For similar services, on an application to change a name,
according to the act of 1827, . . 1 00
of clerks and masters of chancery court.
18 31.—Chapter 10.
Section 1. It shall be lawful for the clerks and masters in equity,
to demand and receive the following, and no higher fees for their ser-
vices, to wit:
For a report on an answer, . . 0 37J
For a plea and answer, . . . 0 371
For a demurrer and answer, . . 0 37J
For an affidavit to a bill or answer, . 0 18
For a separate affidavit, . . 018
For a copy of the office copy sheet, . . 0 18
For copies of proceedings and exemplifications copy sheet, 0 18
For enrolling bills or answers, by the copy sheet, 0 18
For copies of bills or answers, by the copy sheet, . 0 18
For every injunction, . . 100
For every subpoena to answer writ or other leading pro-
cess, . . . . 0 75
For every scire facias, . . 0 75
For entering plea or demurrer, - . 0 25
For recording depositions to perpetuate testimony, by the
copy sheet, . . . 0 18
For every rule given, for service, and not for service, each, 124
For every dedimus protestatem, . . r 0 374
For commissions to take the affidavits of parties to answer, 0 75
For every subpoena to cause witnesses to appear before the
clerk and master, to have their depositions taken, each, 0 124
For every subpoena to appear in court on the trial of any
issue of fact, each, . . .0124
For every order of publication issued, to be inserted in
any of the Gazettes, . 0 75
For entering every issue of facts, empanneling the jury,
receiving and recording the verdict, and other circum-
stances, attending the trial by jury, 1 00
For each security taken for prosecution, . 0 18
For recording prosecution bond, . . 015
303
fees of supreme court clerk of constables.
For issuing order to the sheriff or subpoena, for each sur-
veyor or juryman to attend on the premises, on a disputed
claim of land, . . . 018
For drawing decrees by the copy sheet, . 0 18
For drawing deeds of conveyance when decreed, for
the parties to convey the right, reciting the suit, and
other circumstances relative thereto, . . 2 00
For every notice issued, not for publication, . .018
For searching the record out of court, . . 0 18
For every dismission, . . , 0 25
For every continuance after the first term, to which the
process is returnable, . . . .025
For a report stating an account by order of interlocutaiy
judgment, two dollars, by the copy sheet, estimating in
such account, four figures to constitute a word, the nume-
rical part of which account, so far as practicable, shall
be made out. in figures.
For taking and preserving the rules established in 1801,
for each rule inserted on the docket, ten cents, not to
exceed one dollar, for all the rules taken in any one
cause.
For taking every deposition in writing, . 0 50
For interrogatories if drawn by the clerk, . 0 121
For every petition or motion, if entered in writing, 0 08
For setting down the cause for hearing, . - 0 121
Sec. 2. In all cases where costs are made out by the copy sheet,
it shall be at the rate of one hundred and eighty words.
of the supreme court clerks.
1831.—chapter 10.
Section 3. The clerks of the supreme court of this state, shall be
allowed the same fees that are allowed to the -clerks of the circuit
courts, and to the clerks and masters in equity for similar services.
of constables.
17 8 4.—chapter 7.
Section 5. For attendance on court, when summoned by
sheriff, . . 100
18 01.—Chapter 7.
Section 5. The constable or other officer shall be entitled to the
following fees, to wit:
For executing a warrant, . . . <1 SO
fees of coroners. 309
For every summons, . 0 25
For every execution or attachment, . 0 50
For whipping any person by order of court, .• 0 33
For whipping any person by order of a justice of f he peace, 0 33
For every bail bond, . . .0 124
18 06.—chapter 6.
Section 3, No constable or sheriff shall take or receive the fees
on executions, usually called the levying fees, unless such levy has
actually been made.
1815.—Chapter 93.
For attendance on court per day, . . 1 00
182 7.—Chapter 35.
Section 1. For commission on all sums by them collected,
and no more on executions issued by justices of the
peace, . . . . 4 p. c.
1829.—Chapter 56.
Section 1. For keeping each horse, mule or jack, per day,
124 cts.; for each head of cattle, 3 cents; for each hog
or sheep, 1 ct.
1833 .-—Chapter 92. -
Section 11. For executing subpoena on a witness to appear
and prove a deed or other instrument, to be paid by the
party presenting the subpoena at the time of presenting
it, .... * 0 25
of coroners.
179 6.—Chapter 7.
Section 8. The coroner shall receive the same fees for discharg- fees
ing the duties of a sheriff as such sheriff himself would be entitled to
by law for performing the same services.
1809.—Chapter 62.
Section 1. For summoning a jury, and witnesses, if necessary,
and holding an inquest over any dead body, - $5 00
310
fees of jailors justices notaries public.
of jailors.
1819.—Chapter 56.
Section 1. For every twenty-four hours the jailor provides good
wholesome water and diet for each prisoner - - 37icts.
For each turnkey - 50^
of justices of the peace.
181 7.—Chapter 57.
Section 1. For all services rendered in any state prosecution,
where the defendant is not bound over or committed - 25 cts.
In all cases where the defendant is recognized or committed 50
justices' fees ®EC* ^ not be lawful for any sheriff or constable to collect
to be endorsed, any fees for the justices provided for, unless specially authorized, by
said fees being endorsed on the execution by the justice issuing the
same, and by signing his own name on said execution.
1 8 2 5.—Chapter 75.
Section 1. For granting attachments and taking bail
bond - - - 1 00
For taking, inclosing, and returning affidavits or deposi-
tions 100
For taking appeal bonds - 50
Provided, if the plaintiff recover he shall have judgment for the
sums of cost which he may have expended under this act.
18 3 5.—Chapter 17.
Section 8. For every judgment he may render - 25 cts.
For every execution he may issue 12i
Fec"Prfuibarty^ ^ees be Pa^ by the unsuccessful party in the suit before
succMflu pa him, and against whom he may render judgment for all the costs of
the cause, and issue execution for the same.
of notary public.
18 1 7.—Chafter 77.
Section 3. For recording in a well bound book, to.be by him kept
for that purpose, each attestation, protestation, and other instrument
of publication. - - - - - 2 00
fees of printers rangers—county registers.
fees of printers.
1813.—Chapter 98.
Section 16. For advertisement of each and every tract
of land for taxes. - - 75 cts
1829.—Chapter 37.
Section 7. For advertising each estray - - $1 00
of rangers.
180 5.—Chapter 61.
For each search - 12} cts.
1831.—Chapter 105.
Section 1. For each mare, horse, gelding, colt or mule, including
the certificate, entered in his office ... 75 cts.
For each head of cattle - 37}
For each head of hogs or sheep - - - 12}
For each bond - - 25
of county registers.
18 2 5—Chapter 56.
Section 4. For registering each deed of conveyance or grant,
when but one tract of land is conveyed, or but one warrant contained
in a grant, (except sheriff deeds) - 75 cts.
For registering each certificate and order of registration 12}
For certifying the same to be registered in his office 12}
For each tract of land or town lot contained in the same
deed more than one - 25
For each warrant contained in a grant, more than one 12}
For registering each sherift's deed for real estate - 1 25
For each search of his books - 12}
For copies from the office, the same fees as are allowed
for registering such deeds or grants, and certifying
the same ------- 12}
For all other instruments ----- 50
For certificate thereof ----- 12}
For copies the same fees 12}
312 fees of secret art of state sheriffs.
1831.—Chapter 90.
Section 14. For the registration of a transcript of judg-
ments 1 00
of secretary of state.
1796.—Chapter 3.
Section 8. For affixing the seal of the state to any paper or in-
strument of writing, foreign to the records or papers of the said
office. $1 00
1807.—Chapter 2.
Section 51. For entering in a book, the number and date of each
grant he affixes the seal to, also the number of acres and the grantee's
name. - - - - - 12* cts.
1819.—Chapter 1.
Section 51. On each grant ----- 37icts.
1825.—Chapter 26,
Section 2. For the representation of each township that a copy of,
from the general plan or plans, may he required, - 50 cts.
if required on behalf of the state, to be paid by the state, if on behalf
of an individual or citizen, to be paidL by such citizen.
of sheriffs.
178 2.—Chapter 11.
Section 5. The respective sheriffs shall be entitled to receive the
same fees for any services in courts of chancery, as for the like set-
vices in proceedings at law, and be entitled to the same remedy for the
recovery of them.
p179 6.—Chapter 7.
Section 3. For calling every action in court - 4 cts.
fees or sheriffs.
1817.—Chapter 199.
Section 5. For serving a copy of a notice to take deposi-
tions, to be taxed as costs - 50 cts.
Sec. 7. For serving an injunction - - - 1 00
18 2 5.—Chapter 56.
Section 3. For every arrest - - - $1 00
For returning a capias, non est inventus 50 cts.
For every bail bond - - 25
For serving a copy of a declaration in ejectment - 1 00
For serving a subpoena for witnesses, for eveTy person
named therein, and making return thereof 25
For returning a subpoena "not found" for every person
named therein - 12 £
For serving a scire facias - - - - - 62 i
For returning a scire facias "not found" 25
For every commitment and releasement, each, - 50
For serving a subpoena iniequity - - 62i
For summoning a witness to a will or otEer writing 50
For summoning and empanneling a jury in each case
where any jury shall be sworn - - 12i
For executing every condemned person, including eve-
ry necessary expense and service - 12 50
Where a special venire shall issue by order of court, for
summoning each juror 25
For attending on the premises on a special venire facias
for each day - - - - 2 00
For summoning a jury on a forcible entry and detainer
or forcible detainer, executing writ and all other ser-
vices - - - - 5 00
For making return of a writ of partition or writ of dow-
er, and all necessary services therein - 3 00
For attending on the premises per day - - 2 00
For serving a writ of possession of land - 1 00
For serving and attending any person, on a habeas cor-
pus per day, - - - 1 00
For levying on attachment - - - - 1 00
If further trouble by removing of goods, to be taxed by
court.
For summoning each garnishee ... - 62i
For executing a warrant of distress or an execution
against the body - - - 1 00
For levying an execution upon any property, real or per-
sonal - - - - 1 00
For collecting money on execution, for the first hundred 4 00
For every hundred dollars over one • hundred and not
exceeding three hundred 3 00
For every hundred over three hundred - 2 00
For collecting the county, state, and other taxes - 6 p. ct
41
314
FEES OF SHERIFFS.
For distress in collecting taxes, where such sheriffs
shall have to go to the house, or may have dis-
trained the property of the person liable to pay such
taxes after the time shall have elapsed for payment as
heretofore established by law 50
1827.—Chapter 41.
Section 1. When any person charged or convicted of any crimi-
Fees for re- nal offence, shall, by the order of any court, or judge, or by authority
moving prisoner 0f law, be removed from one county to another, for trial, or for safe
to another coun- keepjng ju any priSOn, the sheriff or other officer having the care or
custody of such criminal sha,ll be allowed as full compensation for his
services, in removing such criminal, at the rate of ten cents per mile
going to and returning from, and the guards employed by the sheriff,
not exceeding two, shall be allowed at the rate of six cents per mile
going to and returning from, as full compensation for their services.
182 9.—Chapter 56.
Section 1. For keeping each head of horses, mules, or jacks, le-
vied on by him, per day - 121
For each head of cattle, per day, - 3
For each head of hogs or sheep, per day, - - 1
1831.—Chapter 86.
Section 1. For conveying a convict to the penitentiary, for every
twenty-five miles he may necessarily travel, in going to and returning
from the penitentiary, for himself, - - $2 00
For each guard - - - 1 50
For each convict - - - - 1 00
For the amount paid by sheriff for himself, guards, and convict or
convicts, for ferriages and tolls in transporting such convict to the
Same fees if penitentiary; should any sheriff convey igore than one convict to the
more than one penitentiary at the same time, he shall not for himself be entitled to
convict. more than the two dollars for every twenty-five miles allowed him as
above.
18 3 2 .—Chapter 12.
Section 1. The sheriffs and other officers of this state shall he en-
titled to the same fees for executing a summons, when the same is
in Summons"'" lading process in any suit, under the act of 1831, chapter 40, as
such officers were entitled to, for serving the leading process in any
suit or suits, prior to the passage of said act.
fees of standard keeper surveyors.
315
of standard keeper.
1803.—chapter 11.
Section 3. For each weight or measure stamped or sealed 12* cts.
of surveyors.
178 6.—Chapter 13.
Section 1. For attending, running out, and making three accurate
plans of survey, by order of court in suits where the bounds of land
are in dispute, for every day traveling to the surveys, and perform-
ing other duties mentioned. $2 50
18 0 7.—Chapter 2.
Section 51. The surveyor shall be paid by those for whom he
performs the service, for every survey by him plainly bounded, as by
law directed, where the survey shall not exceed three .hundred acres,
two dollars.
For every hundred acres exceeding that quantity, in the same
tract, fifty cents, provided it does not exceed one thousand acres.
For every hundred acres contained in said tract above one thou-
sand and under two thousand acres, thirty-seven and one half cents,
and for each hundred acres above two thousand in each tract, twenty-
five cents.
For every re-survey of land upon which a grant has issued, and the
lines thereof not closed, or more than two corners made, the same as
on an original survey.
For recording a plat and certificate, in well bound books, to be pro-
cured by said surveyor, at his own expense, fifty cents.
For receiving warrant and location, and giving a receipt for the
same (if required) and making an entry thereof, in a well-bound
book, to be procured at his own proper cost, fifty cents, and for a
copy thereof, twelve and one half c'ents. And it shall be the duty of
each principal surveyor, upon application of any person, to search
for any record in his office, and read the same to such person with-
out fee.
1809.—Chapter 31.
Section 6. Each principal surveyor shall be entitled to demand
and receive for each search, where no copy is required, to be paid by
him applying - 6*
For each search and copy, where a copy is required 12*
316
felonies.
"18 1 9.—Chapter 1.
Section 47. It shall and may be lawful for the surveyors to de-
Surveyors' fees, mand and receive the following as fees of office: for running and
marking the lines of the meridians, ranges, sections, and meandering
the navigable rivers as by this act required, three dollars for each
mile so run, as full compensation for the services so rendered, by the
surveyor, chaiji carriers, markers, and all other necessary attend-
ance included,* w.iich said amount the principal surveyors respec-
tively, may state and claim, subject however, to liquidation by the
register of West Tennessee, who is hereby authorized and required to
settle and record the accuunt in his office, and to issue separate war-
rants to said principals, if required, not exceeding the number of de-
puties in his district, to the amount of said account at the rate of two
lollars per acre, which said warrants may be filed, and priority of
ocation drawn for, as prescribed for other evidences of clrim, and no
>ther fees whatever, to wit: for every survey by him plainly bound-
id, as this act directs, where the survey shall not exceed three bun-
Ired acres, two dollars; for every hundred exceeding that quantity in
he same tract, fifty cents; for every survey of lands upon which a
jrant has issued, the beginning whereof can be established, and the
lines thereof not closed, or more than two corners made, the same
fees as for an original survey; and each chain-carrier and marker
necessarily employed in running lines, at the rate of one dollar per
day, to be paid by the owner or person at whose instance such sur-
vey shall be made, for recording a plat and certificate as by this act
directed, fifty cents; for a copy thereof duly certified to be recorded
according to law, fifty cents; for making an entry for land, fifty
cents; for a certified copy therof, twenty-five cents.
FELONIES.
18 2 9.—Chapter 23.
What offences Section 1. All offences hereafter enumerated, are hereby
are felonies and declared to be felonies, and shall be punished by imprisonment at
how punished, ja^or jn t]je jajj anc] penitentiary house established in this state,
as hereinafter prescribed, except the crime of murder in the first de-
gree, and accessaries before the fact to such crime, which shall be
punished with death as heretofore.
Murder. Sec. 2. If any person of sound memory and discretion, unlawfully
kill any reasonable creature in being, and under the peace of the
state, with malice aforethought either express or implied, such per-
son shall be deemed guilty of murder.
Sec. 3. All murder which shall be perpetrated by means of poison,
first degree" * lying in wait or by any other kind of wilful, deliberate, malicious and
FELONIES,
317
premeditated killing, (a) or which shall be committed in the perpetration
of, or attempt to perpetrate any1 arson, rape, robbery, burglary, or lar-
ceny shall be deemed murder in the first degree, and all other kinds of
murder shall be deemed murder in the second degree, (&;) and the ju- In the 2d degree
ry before whom any person indicted for murder shall be tried, shall, if
they find such person guilty thereof, ascertain in their verdict, whe- Jury to deter-
ther it be murder in the first or second degree, but if such person mine the degree.
shall confess his guilt, the court shall proceed by the empanneling
of a jury and examination of testimony, to find and determine the
degree of the crime and to give sentence accordingly.
Stc. 4. Every person convicted of the crime of murder in the first -Murd'r in 1st de-
degree or as accessary before the fact, to such crime, shall suffer
death by hanging by the neck. ^ ish'd with death.
Sec. 5. Every person convicted of the crime of murder in the sec- Murder in 2d de-
ond degree shall be sentenced to undergo imprisonment in the public gree punish'd by
jail and penitentiary house established in this state for a period not thanTo, nor
less than ten nor more than twenty one years. m'reth'n2l y'ra
Sec. 6. Manslaughter is the unlawful killing of another, without Definition of
malice, either express or implied, which may be either voluntary manslaughter,
upon a sudden heat, or involuntary, but in the commission of some
unlawful act. (c)
Sec. 7. Whoever shall be convicted of the crime of voluntary man- f Tand io
slaughter, shall undergo confinement in the said jail and penitentiary y>rsforvoi'nt'ry
house for a period not less than two nor more than ten years. manslaughter.
Sec. 8. Whoever shall be convicted of involuntary manslaughter Between l and 5
shall undergo confinement in said jail and penitentiary house for a £'r^nsia™ht"r
period not less than one nor more than five years. y mans aug 1 r
Sec. 9. Any person who shall wilfully and maliciously burn the Arsons
house or outhouse of another shall be deemed guilty of arson.
Sec. 10. Every person convicted of arson, shall undergo confine- confined not less
ment in said jail and penitentiary house, for a period not less than five than ll^eMs"6
nor more than twenty one years.
(a) The law knows of no specific time, within which an intent to kill must be formed, so as to make it
murder. If the will accompanies the act, a moment antecedent to the act itself, it seems to be as sufficient,
as if it were a day. 2 Tenn. 6.
2. By the common law, independent of any act of assembly, it is murder for one man to kill another in a
duel. 1 Yerg. 228.
(b) An indictment in the common law form for murder, is good, and will support a conviction for murder
in the first degree, under the statute. 5 Yerg. 340.
2. To constitute murder in the first degree, the killing must be done with a formed design to kill, with de-
liberation and premeditation, before the mortal blow was given. The fact that it was wilful and malicious,
in the common law sense, is not sufficient. 5 Yerg. 340.
3. If a design to kill be formed on the sudden impulse of passion, disconnected with any previous design to
kill, though it be executed wilfully and maliciously, it will not constitute murder in the first but in the second
degree. Same.
4. When the killing is proved, the law presumes that it was malicious, and the onus of proving matters in
alleviation or exculpation, rests upon the prisoner. Same.
5. It is the duty of the court, in the trial of a case for murder, to explain to the jury, what description of
killing amounts to murder in the first degree. Same.
6. The jury in a criminal cause, are the judges of the law as well as the facts. Same
7. If a man, though in no great danger of serious bodily harm, through fear, alarm or cowardice, kill another,
under the impression that great bodily harm is about to be inflicted upon him, it is neither manslaughter nor
murder, but self-defence. 5 Yerg. 459.
(c) If an officer attempt to arrest a party by virtue of a warrant without a seal, he proceeds at his peril, and
is a wrongdoer; and if he be killed by the party in the attempt, the slayer is guilty of manslaughter and not
murder. 3 Yerg. 392. 6
2. A seeks B and threatens his life; they meet—a quarrel ensues—B strikes A with his fist—they separate
—A attempts to arm himself with a slick, which he is unable to do;—again stoops to raise another stick or
billet of wood of a dangerous kind—while stooping, B stabs him: Held that this was manslaughter. 5
Yerg. 453.
318
felonies.
For burning any ®E0, Every person who shall wilfully and maliciously burn or
bouse or buiid'g set fire to any house or building in a town or city, or procure said of-
to beconfin'd'be- ^ence to committed, shall undergo confinement in said jail and
21 y'rs penitentiary house for a period not less than five nor more than twen-
ty one years.
For burning any Sec. 12. Every person who shall wilfully, unlawfully and mali-
barn, atabie, $c. ciously burn or set fire to any house, barn, stable or other valuable
tween2n^2ly's building or any building containing valuable property therein, or an)
stack of grain, fodder, straw or hay, or any valuable bridge, boat or
water craft, or who shall procure any of said offences to be commit-
ted, shall undergo confinement in said jail and penitentiary house for
a period not less than two nor more than twenty one years.
Rape: Sec. 13. Rape is the unlawful carnal knowledge of a woman forci-
bly and against her will. Carnal knowledge is accomplished by the
commencement of a sexual connection, proof of the circumstance
which usually terminates it, is not required.
To be Confined Sec. 14. Whoever shall commit the crime of rape shall undergo
between lo % 21 confinement in'said jail and penitentiary house for a period not less
years for rape, than ten nor more than twenty one years.
Sec. 15. If any person shall unlawfully and carnally know and
knowledge offe- a^use any female child under the age of ten years, he shall undergo
male under ten, confinement in said jail and penitentiary house for a period not less
'TT'confinem't t^iaI1 ten nor more ^an twenty one years.
years con nem gEC> jq, person being married shall marry another person, the
o ygam . former husband or wife being ajive. Whoever shall be guilty of said
Not leas than 2 offence shall undergo confinement in said jail and penitentiary house
than for a period not less than two nor more than twenty one years.
- Exceptions: Proviso: No person shall be deemed guilty under this section whose
husband or wife shall be continually remaining beyond the limits of
of the United States, for the space of five years together, or whose
husband or wife shall absent him or herself the one from the other
for the space of five years together, the one of them not knowing the
other to be living within that time. In all trials under this section
Proof of mar- a certified copy of the marriage license from the clerk out of whose
riage' office the same issued accompaniedhy the certificate of solemnization
of the minister of the gospel, justice of the peace, or other person
who solemnized the rites of matrimony, also copied and certified, shall
be sufficient proof of either the first or second marriage in any prose-
cution under this section, and in the absence of such certified copy
the testimony of any byestander who witnessed the marriage ceremo-
ny shall be received in proof of such marriage and the public acknowl-
edgments of the party charged shall be competent evidence on such
trial as to both or either of said marriages,
Sodomy % bug- Sec. 17. Whoever shall commit either of the infamous crimes
gery. against nature called sodomy and buggery shall undergo confinement
in said jail and penitentiary house for a period not less than five nor
more than fifteen years,
incest. Sec. 18. No man shall marry or have carnal knowledge of his mo-
ther, his father's sister, his mother's sister, his sister, his daughter,
the daughter of his brother or sister, the daughter of his son or daugh-
ter, his father's wife, his son's wife, his wife's daughter, the daughter
of his wife's son or daughter. No woman shall marry or have sexual
intercourse with her father, her father's brother, her mother's broth-
er, her brother, her son, the son of her brother or sister, the son of
FELONIES.
319
her son or daughter, her mother's husband, her daughter's husband,
her husband's son, the son of her husband's son or daughter. Who-
ever shall commit any offence mentioned in this section, shall be Pumshment.
deemed guilty of incest and shall undergo confinement in said jail
and penitentiary house for a period not less than five nor more than
twenty one years, (d)
Sec. 19. Burglary is the breaking and entering into a mansion Burglary,
house by night with intent to commit a felony. Every person con-
victed of burglary shall undergo confinement in said jail and peniten- Punishment,
tiary house for a period not less than five nor more than fifteen years.
Sec. 20. Robbery is the felonious and forcible taking from the Robbery,
person of another, goods or money of any value, by violence or put-
ting the person in fear. Every person who shall be convicted of the
crime of robbery shall undergo confinement in said jail and peniten- Punishment:
tiary house for a period not less than five nor more than fifteen years.
Sec. 21. Whoever shall be guilty of stealing any free person of peraoMof^on
color, or selling any free person for a slave, knowing the person sold
to be free, shall undergo confinement in said jail and penitentiary Punishment,
house for a period not less than five nor more than fifteen years.
Sec. 22. Whoever shall steal any slave, the property of, another, Slave stealing,
with or without the consent of such slave, shall undergo confinement PuniBliment
in said jail and penitentiary house for a period not less than five nor unw men "
more than fifteen years.
Sec. 23. Larceny is the felonious taking and carrying away the
personal goods of another. Whoever shall feloniously tak$ or arceny*
steal any horse, mare or gelding, filly, foal, mule or ass, shall under- Horse stcaIing'
go confinement in said jail and penitentiary house for a period not less Punishment,
than three nor more than ten years.
Sec. 24. Whoever shall fraudulently receive or buy any horse,
mare, gelding, filly, foal, mule or ass, that shall be feloniously taken Receiving sto-
or stolen from another, knowing the same to be stolen, with intentlen horseB*
to deprive the owner thereof, shall undergo confinement in said jail
and penitentiary house for a period not less than three nor more than Punlshment«
ten years.
Sec. 25. Larceny is either grand or petit:—Grand larceny is the Grand larceny>
felonious taking and carrying away the personal goods of another
over the value of ten dollars. Petit larceny is the felonious taking Petit ]arceny,
and carrying away the personal goods of another not exceeding ten
dollars in value. Whoever shall be guilty of grand larceny shall un- Punishment for
dergo confinement in said jail or penitentiary house for a period not grand larceny,
less than three nor more than ten years. Whoever shall be guilty of
petit larceny shall undergo confinement in said jail and penitentiary For petit jarc>ny
house fcr a period not less than one nor more than five years. Noth-
ing in this section shall be construed to affect the provisions of the. Notto affect23d
twenty third section of this act. (e) section.
Sec. 26. Every person who shall fraudulently receive or buy Receiving stolen
any goods over the value of ten dollars that shall have been felonious- goods ov'r $10.
(d) The relationship and pedigree of parties may be proved by reputation, on the trial of an indictment
for incest. 6 Yerg. 364.
(e) To constitute felony, there must be a trespass in the original taking which cannot be the case where the
property has been previously delivered. It will be a breach of trust or fraud, but not felony. 2 Tenn. 68.
Contra. White.
2. Upon an indictment for larceny, the defendant cannot be found guilty of a trespass only. 2 Tenn. 110.
3. If the finder of bank notes convert them to his own use, with a full knowledge of the owner, it is not lar-
ceny, there being no trespass in the original taking. Mart. Sf Yerg. 526. 5 Yerg, 154.
4. If goods are lost there can be no possession upon which there can be a trespass. 5 Yerg. 154.
320
felonies.
ly taken or stolen from another, knowing the same to be stolen with in-
Time of con- tent to deprive the true owner thereof, shall undergo confinement
finement, jn sajd jail and penitentiary house for a period not less than three nor
more than ten years. Every person who shall fraudulently receive or
Under $io, buy any goods not exceeding ten dollars in value, that shall have been
feloniously taken or stolen from another, knowing the same to be stolen
with intent to deprive the true owner thereof, (f) shall undergo con-
Confinement, finement in said jail and penitentiary house for a period not less than
one nor more than five years. The word "goods" in this and the pre-
word«i°ood8t"e ceding sections of this act includes money as well as all other person-
wor goo s. aj pr0perty# Nothing in this section shall be construed to affect the
sectionaff,Ct24th Prov^si°ns °f the twenty fourth section of this act. In all cases of
petit larceny and in all prosecutions for receiving stolen goods under
the value of ten dollars, where the jury may find the defendant guilty,
Where fine the court may on the recommendation of the jury, discharge the par-
and imprisonm't ty from the penalties imposed by this act, and substitute, if they
may be substitu- tynk pr0per> fine and imprisonment for such period of time as the
court may direct.
Stealing or ta- Sue. 27, Whoever shall feloniously steal or take by robbery any
king by robbery bill of exchange, or any note, or other valuable paper writing, shall
any notes, #c, unc[erg0 confinement in said jail and penitentiary house for a period
Punishment. not less than three nor more than fifteen years.
Receiving same. Sec. 28. Whoever shall fraudulently receive any such bill of ex-
change, note or other valuable paper writing, knowing the same to
be stolen, shall undergo confinement in said jail and penitentiary
Punishment. house for a period not less than three nor more than fifteen years.
Pap'rs purport'g Sec. 29. If the bill, note or other valuable paper writing mention-
sh'Hbe Jo^e'm'd ec* *n ^two Preceding sections of this act purport to be of value, it
tin shVn other- shall be deemed valuable within the meaning of said sections until
wise. the contrary be shown.
House breaking Sec. 30. Whoever shall break and enter into a mansion house, by
with felonious day, with intent to commit a felony, shall undergo confinement in said
Punishment ja^ an(l penitentiary house for a period not less than three nor more
than ten years. Every person indicted for burglary may be convicted
mrcertainoffen- under thi8 section; and persons indicted under this section or for bur-
res may be con- glary, where another felony may be included in such charge, may be
victed of others, convicted for such charge.
Forgery % coun- Sec, 31. No person shall fraudulently forge or begin to forge, or
tcrfeiting, assist or be concerned in forging, or beginning to forge, the counter-
feit resemblance, or imitation of any bank bill or any note, check, or
draft, or instrument which circulates as currency, of any corporation,
company or person that really exists, or that may exist. No person
shall fraudulently make or begin to make, the counterfeit resem-
blance, or imitation of any bank bill, or any note, check, or draft, or
other instrument, purporting to be the bill, note, check, or draft, or
instrument, of any corporation, company or person, though no
such corporation, company or person exist. No person shall frau-
dulently buy, pay or tender in payment, pass or offer to pass, or as-
sist, or be concerned, in fraudulently buying, paying or tendering in
payment, or in passing or offering to pass, the counterfeit resemblance
(/) Where A authorizes B to receive property, lost or stolen, and he receives the property from the thief,
knowing it to he stolen, with a felonious intent, he is guilty of a felony in receiving the property, notwitli-
standing the license. 4 Yerg. 149.
2. It is the intent with which & person receives stolen goods, that either makes him guilty or innocent of
the felony. 5 Yerg. 154.
FELONIES.
321
or imitation of any bank bill, or any note, or check, or draft, or in-
strument which circulates as currency of any corporation, com-
pany, or person, that really exists, or may exist, whether such bill,
note, check, draft, or instrument, be complete and filled up or other-
wise. No person shall fraudulently buy, pay or tender in payment, PagBinj? offer>
pass or offer to pass, (g), or assist or be concerned in fraudulently ingtopass coun
buying, paying or tendering in payment, or in passing or offering to terfeit notes,
pass the counterfeit, resemblance or imitation of any bank bill, or
any note or check, or instrument purporting to be of any corporation,
company or person, though no such corporation, company, or person
exist. Whoever shall commit any of the offences mentioned in this punishment,
section, shall undergo confinement in said jail and penitentiary house
for a period not less than three nor more than fifteen years.
Sec. 32. No person shall fraudulently keep in possession or con- Keeping in pos-
ceal the counterfeit, resemblance, or imitation of any bank bill, or any ceding any bank
note, check, or draft, or any instrument which circulates as currency note, #c.
of any corporation, company or person that exists or may exist, whe-
ther such bill, n jte, check, draft or instrument be complete and filled
up or otherwise. Whoever shall be guilty of any of the offences
mentioned in this section, Shall undergo confinement in said jail and
penitentiary house for a period not less than three nor more than fif-
teen years. (h)
Sec. 33. No person shall fraudulently keep in possession, or con- Keepin in poa.
ceal, any fictitious instrument purporting to be a bank bill, or note, session a ficti-
or draft, or check, of any corporation, company or person, whether tious instrument
the same be complete and filled up or not, though no such corporation, aYan^biiV^-c?
company or person exist. Whoever shall be guilty of any of the of-
fences mentioned in this section, shall undergo confinement in said punishment,
jail and penitentiary house for a period not less than three nor more
than fifteen years.
Sec. 34, No person shall fraudulently alter or erase any genuine To alter or erase
bill, note, draft, check, or instrument that circulates as currency of Mn,getc!" n
any corporation, company or person. No person shall fraudulently To keep in po«.
keep in possession or conceal any such hill, note, draft, check or in- ^^0 "erased
strument, that shall be so altered or erased. No person shall fraud- note, etc.
ulently buy, p ly, or tender in payment, pass or offer to pass, or as- Not t0 buy °r
sistor be concerned in fraudulently buyihg, paying, or tendering in tender 111 pay^'t
payment, or in passing or offering to pass, any such bill, note, draft,
check, or instrument. Whoever shall be guilty of any of the offem Punishment,
ces mentioned in this section, shall undergo confinement in said jail
and penitentiary house, for a period not less than three nor more
than fifteen years.
Sec. 35. No person shall fraudulently fill up or complete, or be- No person shall
gin to fill up or complete, or assist or be concerned in filling up or jjj1 °^eas^st
completing the counterfeit, resemblance or imitation of any bank bill, ^interfeUnote,
or any note, check or draft, or any instrument that circulates as cur- etc.
rency of any corporation, company or person that exists, or may ex-
ist. No person shall fraudulently fill up or complete, or begin to fill
(g) Pledging a counterfeit note, which was to be redeemed at a future day, is not a passing within the
meaning of the act. 3 Yerg-, 451
2. An indictment for pausing counterfeit bank bills, or for keeping and concealing them, must aver the
existence of the iank or corporation, of whose notes they are the counterfeit. 6 Yerg. 345.
(^1 4n indictment for fraudule i lg keeping in possession and concealing the counterfeit resemblance of
bank notes, mu-a charge that the detendan; kept and concealed them with the intent to impose them on the
community as good money. 6 Yerg. 345.
42
322
felonies.
up or complete, or assist, or be concerned in fraudulently filling up
or completing, any fictitious instrument, purporting to be a bank bill,
or note, check, or draft on any corporation, company, or person,
though no such corporation, company or person exist. Whosoever
shall be guilty of any of the offences mentioned in this section shall
undergo confinement in said jail and penitentiary house for a period
not less than three nor more than fifteen years.
Sec. 36. No person shall fraudulently make or prepare, or begin
to make or prepare, or assist, or be concerned in fraudulently niak-
ing or preparing any plate or other instrument, whereby to stamp or
otherwise make the counterfeit resemblance, or imitation of any note,
bill, check or draft of any corporation, company, or person that exists
or may exist. No person shall fraudulently make or prepare, or
begin to make or prepare, or assist or be concerned in fraudulently
making or preparing any plate or other instrument, whereby to stamp
or otherwise make any fictitious bank hill, note, check or draft, pur*
porting to be of any corporation, company or person, though no such
corporation, company or person exist. No person shall fraudulently
Keeping instru- keep in possession, or conceal, or assist, or be concerned in fraudu-
terfeitin0rin°os" lent*y concealing any such plate or instrument whereby to stamp or
session!18 " P°S otherwise make the counterfeit resemblance or imitation of any note,
bill, check or draft, of any corporation, company, or person that
exists or may exist, whether such plate or instrument be complete or
not. No person shall fraudulently keep in possession, or cunceal, or
Keepin instru- ass^s^Jor concerned in fraudulently concealing any such plate or
mentstnf stamp- instrument, whereby to stamp or otherwise make any fictitious bank
ing fictitious bill, note, draft or check, purporting to be of any corporation, com-
bllIs* pany or person, though no such corporation, company or person
exist, whether such plate or instrument be complete or not. Who-
ever shall be guilty of any of the offences mentioned in this section,
Punishment shall undergo confinement in said jail and penitentiary house, for a
period not less than three, nor more than fifteen years.
Sec. 37. No person shall fraudulently make or prepare, or begin
Making paper to make or prepare, or assist, or be concerned in making or prepar-
for counterfeit- jng any paper of that description, which is used for bank bills or
ing' notes, or other paper currency. No person shall fraudulently make,
mend or prepare, or assist, or be concerned in making, mending, or
partogU1paper>re preparing the paper moulds, or other necessary machines or instru-
moulds. ments, commonly used in the process of making or preparing paper
of that kind, which is used for bank bills, or notes, or other paper
Keeping or con- currency. No person shall fraudulently keep in possession, or con-
Ceouid8SUCh ceal any such paper moulds, or other necessary machines or instru-
mou b. ments. Whoever shall be guilty of any of the offences mentioned
Punishment *n section, shall undergo confinement in said jail and peniten-
ums men house for a period not less than three, nor more than fifteen
years.
Sec. 38. The words, "corporation, company, or person," where
Definition of they occur together in the preceding sections of this act, include the
ration,' company United States, and the several States and Territories, and all the
and person. several branches of the government of either of them, all public and
private bodies, politic and corpoi ate, all partnership as well as indi-
viduals.
Filling up ficti-
tious notes.
Making instru-
ments for coun-
terfeiting.
Making same,
or for stamping
fictitious bills.
felonies.
323
Sec. 39. No person shall fraudulently make, mend or prepare, or Making or
use or assist, Or be concerned in making, mending, preparing, or "achinf for^n-
using any machine or instrument intended for the forging, counter- terfeiting, forg-
feiting, or adulterating any coin which may be current in this state, !ns>oradu)terat-
either by law or usage. No person shall fraudulently keep in pos- ms any com"
session, or conceal, or assist in concealing, any such machine or in- Keeping «uch
strument. No person shall fraudulently make, or begin to make, machine or in-
prepare or complete, or begin to prepare or complete, any base or strument-
adulterated coin, in imitation of any coin which may be current in Pasain oroffel.,
this state, either by law or usage. No person shall fraudulently ing to pais base
pass, or offer to pass, or assist in passing, or offering to pass any such coin,
base or adulterated coin. No person shall fraudulently keep in pos- Ke.eping in poa"
. • , , . . 1- u session or con-
session, or conceal, or assist, or be concerned in concealing, any such ceaiing base coin
base or adulterated coin. No person shall fraudulently make or pre-
pare, or begin to make or prepare, or assist, or be concerned in mak-
ing or preparing, any piece or pieces of base or adulterated metal p^g^se'coin!
intended to be converted into the counterfeit resemblance of any
coin which may be current in the state, either by law or usage. No
person shall fraudulently keep in possession, or conceal, or Assist, or Keeping such
be concerned in concealing, any such pieces of base or adulterated ln p08,es'
metal. Whoever shall be guilty of any of the offences mentioned in
this section, shall undergo confinement in said jail and penitentiary unw men
house, for a period not less than three, nor more than fifteen years.
Sec. 40. Forgery is the fraudulently making or alteration of writ- forsery-
ing, to the prejudice of another's right. The word "another's," in The word «ano-
the preceding clause, includes every thing that is included in the ther's"defined,
expression corporation, company or person, as defined in the thirty-
eighth section of this act. Whoever shall be guilty of any forgery, Punishment
other than that herein before enumerated, shall undergo confinement
in said jail and penitentiary house, for a period not less than three,
nor more than fifteen years, (i)
Sec. 41. Whoever shall fraudulently pass, or' transfer, or offer to Passing or ten-
pass or transfer, any forged paper, knowing it to be forged, with in- p°""rg forged
tent to defraud another, shall undergo confinement in said jail and Punishment
penitentiary house, for a period not less than three, nor more than
fifteen years;—and in all prosecutions for forgery and counterfeiting, Who g00d wit"
the party upon whom the instrument or paper writing is, or shall nes8"
have been forged or counterfeited, shall be a competent witness.
Sec. 42. When a lawful oath or affirmation is administered in
some judicial proceeding to a person, who swears or affirms wilfully,
absolutely and falsely, in a matter material to the issue or point in
question, such person shall be deemed guilty of perjury. Whoever
shall be guilty of perjury, shall undergo confinement in said jail and
penitentiary house, for a period not less than three, nor more than
fifteen years.
Sec. 43. Every person who shall unlawfully and corruptly suborn 0f perjury.
or procure any person to commit perjury, shall be deemed guilty of
subornation of perjury; and shall undergo confinement in said jail
(») A forged order, requesting that the goods mentioned in it might be delivered to the person therein
named, is not within the statute, if the drawer has no interest in the goods mentioned in such order. And an
indictment upon such order must aver, that the person whose name is forged, had an interest in the goods,—
5 Yerg. 377.
Perjury
Punishment
324
FEL»NIEfc.
Bribery.
Punishment:
Embracery.
Destroying cor'
ner trees.
Punishment, and penitentiary house, for a period not less than three, nor more than
fifteen years.(J )
Sec. 44. When a judge, justice of the peace, or other person con-
cerned in the administration of justice, shall Unlawfully and corruptly
take any undue reward by way of bribe, to influence his behavior in
office, he shall be deemed guilty of bribery, and shall undergo con-
finement in said jail and penitentiary house, for a period not less
than three, nor more than twenty-one years.
Sec. 45.'Whoever shall corruptly give any bribe to any judge,
justice of the peace, juror, or other person concerned in the adminis-
tration of justice, or procure any or either of them to take gain, or
profit, by way of bribe, to influence the decision, or verdict, to lie
made, or rendered by such officer, shall be deemed guilty of embracery,
Punishment, and shall undergo confinement in said j^il and penitentiary house, for
a period not less than two, nor more than ten years.
Sec. 46. Whoever shall unlawfully, knowingly, wilfully and cor-
ruptly destroy the corner tree of another's land, shall undergo con-
finement in said jail and penitentiary house, for a period not less
Punishment, than two, or more than five years.
Sec. 47. Every person who shall corruptly destroy, or conceal,
onceaii^'wius ^ast W^1 and testament of any decedent, or any codicil thereto,
orTodicUs.W* with intent to prevent the probate thereof, or to defraud any divisee
or legatee under such will or jipdicil, shall undergo confinement in
Punishment: said jail and penitentiary house, for a period not less than three, nor
more than fifteen years.
Stealing records Sec. 48. No clerk, lawyer, or other person, shall corruptly steal,
take away, withdraw, or avoid any record or parcel of the same,
writ, return, pannel process, or warrant of attorney, with intent to
injure another. Whoever shall commit any of the offences men-
tioned in this section, whereby any judgment shall be reversed, or
party injured, shall undergo confinement in said jail and penitentiary
house,for a period not less than.three, nor more than fifteen years.
Sec. 49. Whoever shall corruptly steal, take away, withdraw, or
orSpaalersSof°anS avo^' ^ntent t0 injure another, any book or part thereof, or
public office.5"^ paper belonging to any of the public offices of this state, whereby a y
person is or shall be injured, shall undergo confinement in said jail
and penitentiary house, for a period not less than three, nor more
than fifteen years.
Sec. 50. Whoever shall falsely and deceitfully obtain, or get into,
and^ counterfeit Posse^si°n any money, goods, chattels, notes, or bank bills, by color
letters. and means of any false token or counterfeit letter, made in another's
Penalty.
Penalty.
name, shall undergo confinement in
and penitentiary house,
for a period not less than three, nor more than fifteen years.
Sec. 51. The word "another's," in the preceding section, shall
Word«'IT' kave the same extent and signification that it has in the thirty-eighth
section of this act.
Penalty.
tiler's" defined.
(.}) To constitute perjury, in swearing to the plea of non est factum,, upon a trial before a justice, tbe plea
must be in writing, and signed by the party pleading it. 1 Yerg. 394.
2. A plea justifying a charge of perjury must be sustained by two witnesses, or one with strong corrobo-
rating circumstances. 2 Yerg. 225.
3 If a person knows that a fact exists, but states on oath, knowingly and with an intention to mis-
lead, "that if the fact is so, he does not know it," he will be guilty of perjury; and it will be equivalent to
swearing the fact does not exist. 5 Yerg. 211.
4. An indictment for perjury, on the trial of a state prosecution, must shew that the swearing was in a tra*
▼erse, ofwhioli the court trying it had jurisdiction- 6 Yerg. 531.
FELONIES.
32 i
Sec. 52. Whoever shall feloniously, and with malice aforethought,
assault any person with intent to commit murder in the first degree, fntent to commit
or shall administer, or attempt to give any poison or potion for that murder in the
purpose, though death shall not ensue, shall undergo confinement in degree,
said jail and penitentiary house, for a period not less than three, nor ena y"
more than twenty-one years.
Sec. 53. Any person who shall be guilty of committing any assault . Assault with
and battery upon any female, with intent forcibly and against her intentt0Iavw •
will, to have unlawful carnal knowledge of such female, every such
person, his counsellors, aiders and abettors, shall, on conviction, be Penalty,
sentenced to undergo imprisonment at hard labor in the penitentiary,
for a period not less than two, nor more than ten years.
Sec. 54. Whoever shall assault another, with intent feloniously Assault with
and wilfully to commit a robbery, shall undergo confinement in said intent to rob.
jail and penitentiary house, for a period not less than two, nor more Penalty*
than six years.
Sec. 55. No person shall Unlawfully and maliciously cut off the the
tongue, or disable the tongue of another, by clipping, biting or wound- tongue!nose°ear!
ing. No person shall unlawfully and maliciously put out an eye; lip, hand, arm,
slit, cut off, or bite off the nose, ear, or lip of another, or any part of leg orfoot*
either of them, whereby any person shall be maimed or disfigured.
No person shall unlawfully or maliciously cut off or disable the hand,
arm, leg, or foot of another, or any part of either of them, whereby
the person so injured shall loose the proper use of any of those
members. No person shall unlawfully or maliciously shoot or stab Shooting or stab-
another. No person shall unlawfully and maliciously, by cutting or '""castration.*
otherwise, cut off or disable the organs of generation of another, or
any part thereof. Whoever shall commit apy of the offences men-
tioned in this section, shall undergo confinement in said jail and peni- Penaltr
tentiary house, for a period not less than two, nor more than ten
years: Proviso, If any of said offences shall be done in self defence, ^g^seifVe1.
or without malice a forethought, the person charged shall be excused fence, and where
from the operations of this section. (Restricted by the act of 1831, there ia no ma-
ch. 84.) (&) lice"
Sec. 56. If any person within this state shall fight a duel, or shall
deliberately and maliciously challenge, by word or writing, any other ending 6 cha!-"
person, to fight with sword, pistol, or other deadly weapon, or shall ienge.
deliberately and maliciously invite another verbally, or by writing, to
meet him in this state, or elsewhere, with a view or intent to chal- Acce tjn 6faal
lenge or fight; or if any person so challenged, shall deliberately and ienCgCe.P in£ ° *
maliciously accept the said challenge, in either case, such person so
deliberately and maliciously giving or receiving, or sending any such
challenge, and being convicted thereof, shall be sentenced to impri- _ ..
ii.T'.i % .• n i Punishment.
sonment, at hard labor in the penitentiary, for a term not less than
three, nor more than ten years: Provided always, that no person The person ver-
who shall be verbally challenged, shall be a competent witness to
prove the fact of such verbal challenge, against any person who may witness.
be indicted for the same.
(k) When malice is a necessary ingredient in constituting the crime charged, the government must prove
the malicious intent with which the act was done. 3 Yerg. 283.
2. If the jury have a reasonable doubt of the malicious intent, that doubt must weigh in favor of the pri-
soner; and unless removed by the state they must acquit. Same.
3. When two persons are fighting, and a third, unconnected with either, without any apparent provoca-
tion, stabs one of the parties whilst fighting, the law in such cases will imply malice. 4 Yerg. 137.
4. When the defendant was indicted for malicious stabbing, and the jury found the defendant "not guilty of
the malicious stabbing, but guilty of an assault and battery," the circuit court has no jurisdiction to pro-
nounce judgment. 6 Yerg. 533.—(JVVte. Jurisdiction afterwards confirmed by statute.)
326
felonies.
Sec. 57. If any person shall willingly, knowingly, deliberately and
j®ne"veringchar'maliciously, carry and deliver any writu 11 challenge, or sir 11 ver-
bally, deliberately and maliciously, deliver any message, purporting
to be a challenge, or shall deliberately and maliciously consent to be
C°n con1'"810 a secon(* any suc^ intended duel, every such person so offending,
be a second. an(j ^effig convicted thereof, shall be sentenced.to imprisonment at
K hard labor in the penitentiary, for a term not less than three, nor
ena y' more than ten years.
Sec. 58. If any person or persons shall in any newspaper, or hand-
posting 'for^re- bills, written or printed, publish or proclaim any other person or per-
fusing to fight, sons as a coward or cowards, or use any other opprobrious language,
imputing cowardice, in writing or printing, for not accepting a chal-
lenge, or fighting a duel, such person or persons so offending, shall,
Penalty; on convictioii, be sentenced to imprisonment at hard labor in the
penitentiary for the term of two years.
Printer com- Sec. 59. The publisher and printer of any newspaper, handbill,or
peiied to give other publication, shall in all prosecutions, under the last mentioned
evidence. section, be summoned as a witness, and be accepted by the court as a
good witness against the writer or writers of such publication or
tifyfto1Ebe pun" handbill, and if the said printer or printers, or publisher or publishers,
ished as the when summoned before the court, shall refuse to give up the writer's
author. name, the court shall consider him or them as the author or authors1
thereof, and proceed to punish him or them accordingly.
Rescue of one Sec. 60. Whoever shall by force, or menaces of bodily harm, or by
lawfully arrest- other unlawful means, set any one at liberty, who is in custody after
ed for felony. a iawfui arrest, either before or after conviction, for any offence men-
tioned in this act, knowing or being informed that the offender is law-
two° no*8 more arreste(^ as aforesaid, shall undergo confinement in said jail and
than lOyears.16 penitentiary house, for a period not less than two, nor more than ten
years.
Voiunt'ry esc'pe Sec. 61. If any officer, or other person, having another in custody
of felon. upon a lawful arrest or conviction, for any of the offences mentioned
in this act, shall voluntarily, corruptly r and of purpose, let such per-
son so arrested or convicted, escape, he shall undergo confinement in
Between 2 & 10 said jail and penitentiary house, for a period not less than two, nor
years. more than ten years.
Aiders and ®EC' All persons being present, aiding and abetting, or ready
abettors deem'd and consenting to aid and abet in any of the foregoing offences, shall
principals in fei- be deemed principal offenders therein, and indicted and punished as
oniefl- such.
Accessaries Sec. 63. All accessaries before the fact to any of the foregoing
^unighedasprin- °ffencesJ where the offence admits of accessaries before the fact,
cipais. M "n shall be punislsed as their principals are punished.
Accessaries after Sec. 64. All accessaries afterthe fact shall be punished as their
ed^principak Pr*nC]Palj accept accessaries after the fact to the crime of murder in
exc'pt in murder the first degree, who shall be punished as persons convicted of mur
in the 1st degree der in the second degree are punished; Provided, that persons stand-
tions excusedex- *n£ to accused in the relation of parent, child, brother, sister, hus-
cept for forcible band, or wife, shall not be deemed accessaries after the fact, unless
resistance of of- for resisting officers and others, by force or menaces, in the legal dis-
ficers. charge of their duty, '
Faro and thim- Sec. 65. If any person or persons shall be guilty of dealing at the
bie dealers. game commonly called faro, or exhibiting the game commonly called
Grandmother's thimble, or exhibiting with cards the grand mother's trick for money
FELONIES.
327
or other valuable thing, any such person or persons so offending, on Between 2 and
conviction thereof, shall undergo confinement in said jail and peni- 5yee^a "
tentiary house for a period not less than two nor more than five
years: Provided, that persons playing with any such faro dealer, or Persons betting
persons exhibiting the game commonly called thimble, or the grand j111 ®fjbi'
mother's trick, may be prosecuted by indictment or presentment, and °"her gamblers,
on, conviction thereof shall be subject to the same punishment as per-
sons guilty of other gaming are by law, now in force subject to.
Sec. 66. If any two or more persons shall falsely and maliciously Conspiracies
conspire together to indict or prosecute an innocent person of any t0 indict an la"
x* i i • i. * i_ ■ j j i ■r- , J nocent person
felony, knowing such person to be innocent, and such innocent per- f0r leiony.
son shall be falsely and maliciously indicted or prosecuted in pursu- Confinement
ance of such conspiracy, every such offender on conviction thereof 5o years.20 and
shall undergo confinement in said jail and penitentiary house for a
period not less than two nor more than ten years. . Those con-
Sec. 67. Whoever shall be convicted either as principal or acces- her^tofore^pun-
sary, of any felony or other offence not otherwise provided for by this ishedw'th death
act which is now punishable by death or stripes, shall undergo con- Numerated
finement in said jail and penitentiary house, for a period not less than ™ t]^act"to be
two nor more than ten years. confin'd betwc'n
Sec. 68. In describing any of the foregoing offences, when the sin- ^xpilnationof
gular member is used as applicable to the offender if more than one the phrases in
person is concerned as principal therein they shall be considered as regard to the sin-
included, and when an offence has been described as committed nu^ber^irf this
against one, if the same has been committed against more than one, act.
they shall all be considered as included, and when in describing the
thing that is done, the singular number is used, the plural is under-
stood to be included, if the offence includes more things than one and
nice versa.
Sec. 69. Every slave is excepted opt of the provision of this act, Slaves excepted
and if any slave shall commit any of the offences herein enumerated 0^t00bfehj1sn^bed
he shall be tried and punished according to the laws heretofore en- as before!11118 6
acted.
Sec. 70. On all trials for offences before enumerated, where the Proof of the
existence of a corporation may be necessary to be established, a copy ^pOTaUon^ *
of the charter of such corporation, legally authenticated, or a hook
purporting to be the public statute book of the United States, or of
any of the several states, in which such charter may be printed shall
be prima facia evidence of the existence of such corporation.
Sec. 71. Every person convicted of any of the foregoing offences,
shall in addition to the other penalties hereby imposed, be disquali- qua^°finej,c-®
fied from holding any office under this state. Every person convict- dition to confine-
ed of any of the offences mentioned in the ninth, eleventh, twelfth, thir- raent-
teenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twen-
tieth, twenty-first, twenty-second, twenty-third, twenty-fourth,twenty-
fifth, twenty-sixth, twenty-seventh, twenty-eigth, thirtieth, thirty-first,
thirty-second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, thir- For certain
ty-seventh, thirty-ninth, fortieth, forty-first, forty-second, forty-third, £ff° ™o„aendand
and forty-fourth sections of this act shall, in addition to the other pe- incapable of be-
nalties hereby imposed, be rendered infamous and incapable of being tag a witness,
examined as a witness.
Sec. 72. All indictments for offences enumerated in this act, which UIldeIrndJj^ieacJ
are offences at common law, shall be good, if the offences be described g00d, if so at
or charged according to the common law, or according to this sta- common law.
328
EELONULS.
tute, and the party charged on conviction, shall receiv e the pun-
ishment prescribed by this act.
What char e ®EC" ^ prosecutions for offences under this act, where Ihe
and proof suffi- fraudulent possession or concealment of the thing constitutes the
cient, where the offence, it shall be sufficient to allege in the indictment, that the
poss'ssin^OTc'n- Party charged, fraudulently possessed, or concealed such thing, with-
ceaiment. out charging or proving that any particular person, corporation or
company was intended to be defrauded.(Z)
Suffici t n ®E<5>* ^4. In all indictments for offences enumerated in the thirty-
certain cases,1 to ninth section of this act, except the offences of passing, or offering to
charge in the pass, counterfeit coin, in all indictments for making fictitious instru-
words of this ments, or buying the same, making or preparing plates to be used in
c * making counterfeit or fictitious instruments, making or preparing
bank paper, and in all other indictments for offences under this act,
where from the nature of the offence, a fraud upon the public was
intended, but no particular person was intended to be defrauded, it
shall be sufficient to charge the offence in toe words of the act, with-
out averring or proving that any individual was intended to be
defrauded.
Sec. 75. (Number of challenges,—35 in homicide, and 24 in all
other felonies. See Jury.)
Sec. 76r The jury before whom any offender may be tried, shall
term1 of° impri- decide uPon? and in their verdict ascertain, the time within the
sonment. respective periods prescribed, during which such offender shall
Undergo confinement in the jail and penitentiary house aforesaid, ac-
cording to the directions of this act, and the court shall pass sentence
according to the verdict and law of the land.
Sec. 77. Where an indictment is preferred,, containing different
averments in in- counts, alledging in one or more that a corporation exists, and in
dictments, not to others, that a corporation does not exist, such averments, wrhile the
vitiate m custom indictment is before the grand jury, shall be considered immaterial,
The Jury, on and they are authorized to find a true bill on every count, where the
verdictof guilty, evidence otherwise supports the indictment. Where there are diffe-
cont^ning'd^er- rent charges contained in separate counts in the same indictment,
ent charges in and the jury return a general verdict of guilty, they shall ascertain
toPfixtteet°Untof Pei'i°d of imprisonment ln the same manner as though but one
confinement!110 charge was contained in the indictment, and the court shall pass sen-
tence accordingly.
Party injured Sec. 78. In ail cases before enumerated, where compensation or
tentw t compe' damages may be adjudged to a party who complains of injury,ac-
*eCourtmay re- cording to the provisions of the succeeding section of this act, such
quire such wit- party shall be a competent witness on the trial of the offender: Pro-
ciaTm \o^danf That the courtmay, before such person is sworn, require him
ageg. to enter a release to his claim to compensation or damages, depend-
But the same fog on the event of the cause, and the court shall further have a dis-
^thedisMetlon cretionary power, after such cause is tried, and during the same term
of the court. to cancel such release on motion of the party grieved.
Jury to giv© da- gEC. 79. In all cases where property shall be stolen, and the felon
property! tf°not shall he convicted, the jury before whom the trial is had, shall in
restored. their verdict ascertain whether the property stolen is restored, or
(l) This section does not do away the necessity of a particular description of the ofTewe in tl e u diet-
ment; it is only intended to do away the necessity of charging and proving, that some pi rtu,ulur j eo>un, cor-
poration or company, was intended to be defrauded. 6 Yerg. 345,
FELONIES:.
329
forthcoming to be restored tb the owner, and if it is not restored and
forthcoming, then they shall ascertain its value, and the court in
their judgment shall direct restitution to be made, if it can be done, WJien property
or if restitution cannot be made, then the owner shall have execu- has b'n destroy-
tion against the estate of the prisoner for the value thereof, as ascer- ed, or pers™*
tained by the jury. In all cases where property may be destroyed, J^to ascertain
or a person has been defrauded by any of the offences before enume- the damages, #
rated, the jury shall in their verdict, ascertain the damages sustained the p0"1"* sha11
by such offence, and the court shall thereupon give judgment in gl™0JaurtSto give
favor of the party injured, against the party committing such offence, judgt. for costs
for the damages as found by the jury. The court shall also give of prosecution,
judgment against the party convicted for the charges and costs of
prosecution.
Sec. 80. All trials for offences enumerated in this act, or other felo"ieg"o^in
crimes, which shall be made punishable by confinement in the peni- the circuit ct.
tentiary bouse aforesaid, shall be cognizable only in the circuit night of appeal
courts of this state, and shall be had as heretofore, reserving the preserved*
right of appeal.
Sec. 81. After every conviction and sentence for every offence clerk to issue
made punishable by confinement in the jail and penitentiary house execution for da-
aforesaid, the clerk shall issue execution of fieri facias on the judg- mages and costs,
ment. which shall be rendered in favour of any party who may be en- e^cut. copies, to
titled to damages under the preceding sections of this act, and for be transmitt'd' to
charges of prosecution in favor of the state. Immediately after the keeper of peni*
return day of such execution, the clerk shall certify and transmit to ^nToti failure,
the agent or superintendent of said jail and penitentiary house, copies clerk to be liable
thereof, with the sheriff's return; and for every failure to perform dicim'ntforn^s-
this duty, the clerk shall be liable to an action at the instance of the demeanor in of-
party grieved, and to indictment in the circuit court for a misdemea- fice.
nor in office; and it shall be the duty of the solicitor to see that the
clerk perform this duty.
Sec. 82. All laws coming within the purview of this act, shall Repealing sec-
on the operation thereof, be hereby repealed; and this act shall com- tmn.
mence and be in force from and after the time the Governor shall for^hentobem
signify by his proclamation, that the said jail and penitentiary house offences com-
shall be in a state and condition for the reception of convicts. All mitted before, to
offences committed before this act goes into operation, shall be pun- heretofore6*1
ished according to the laws now in force.
18 3 1.—Chapter 81.
Section 1. If any person or persons, shall unlawfully and Taking corpse
wilfully dig open any grave, or unlawfully and wilfully take up or from grave,
carry away the dead body or any part thereof, from any grave, he,
she or they so offending shall be deemed guilty of felony, and on con- men"
viction thereof shall be confined in the jail and penitentiary house, Aiders and abet,
for a period not less than two years, nor more than five; and all per- tors"
sons aiding and abetting in any such offence, shall be adjudged prin-
cipals in the first degree.
Sec. 3. Nothing in this act shall be construed as to prevent
persons connected with the dead, from raising and re-interipng them Relatives may
in such place as they may deem more suitable for their repose: Pro- raiseandreint'r
nided, however, that this act shall not extend to prevent any dead
43
330
FELONIES*
May be raised person from being raised, when there is suspicion that the death of
wfhe58, B"B?iciT such person was occasioned by some unlawful acts of violence, or
qf violent aeatn. . \ . . j . „ y t t 7
the administration of some poisonous substance.
18 31.—Chapter 84.
55 see. of act
1829, ch. 23, re- Section 1. So much of the fifty-fifth section of the act of
relate*' To^the *829, ch. 23, as subjects persons to penitentiary punishment, who
e'ses of biting off may hereafter in personal combat, bite off the finger or thumb of his
the finger or^ adversary, be, and the same is hereby repealed, and that hereafter
^udiVasesTobe persons so offending shall be punished in the manner prescribed by
punished as be- law, previous to the passage of said act.
fore the said act.
18 3 1.—Chapter 102.
Section 1. It shall not be lawful for any free person or per-
not permffted°to sons color, whether he, she or they be born free or emancipated,
emigrate to this agreeably to the laws in force and use, either now or at any other
state. time in any state within the United States, or elsewhere, to remove
him, her or themselves to this state to reside therein, and remain
therein twenty days; and if any such free person or persons of color
shall presume or attempt to reside therein, contrary to the provisions
of this act, every such person or persons of color shall be liable to be
indicted before the grand jury of the county or circuit court of the
county where he, she or they may attempt to reside, and if convicted,
shall be fined in a sum not less than ten dollars, nor more than fifty
dollars, to the use of the county, and shall morever, be sentenced to
hard labor in the penitentiary, for a term not less than one year, nor
more than two years, the term of service to be fixed by the judge;
and if any such free person or persons of color as aforesaid, shall fail
or refuse to remove him, her or themselves from this state, within
thirty days after his, her or their discharge from the penitentiary,
unless detained by sickness, or some unavoidable accident, such per-
son or persons shall again be liable to indictment as before, and
upon conviction shall be sentenced to labor in the penitentiary for a
term double the longest term before mentioned, but shall not be liable
to any pecuniary fine, as in the first instance is provided,
judge to give ®EC* ^ ^uty °f eac^ the judges of the circui t
this act in ch'rge. courts in this state, to give this act in charge to the grand juriesat
Attorney-Gen. each and every time of the courts respectively; and it shall be the
m&tion fromfaii ^uty °f the several attorneys general to require information upon
persona on the oath, from all sheriffs, coroners, constables, and any other person or
subject of this persons they may think proper to call on, so as to enable him or them
to prosecute all offences under this act, whose fees, on conviction,
shall be the same as in cases of felony, now allowed by law.
18 3 3.—Chapter 68.
guard beTiiied Section 2. In any case, where any officer or other person ac-
in attempt to ar. companying him, shall be unlawfully killed in arresting any person
r'at gambi'rs «h'i Upon a charge of unlawful gaming, the slayer shall be deemed guilty
degree^6' ^l8t murder, in the first degree, and shall be punished by death. And
FELONIES.
331
if any officer or other person aforesaid shall be unlawfully shot or
stabbed in any such arrest as aforesaid, every such offender shall be °.rrB0,08t^r per."
deemed a felon, and shall be punished as persons are now punished son:
for malicious stabbing.
Sec. 4. Every person or persons who shall keep or maintain, , , Certain gam-
, j • i • * a * * r , ' biers punish'd as
or be concerned in keeping or maintaining any house or other place far0 Sealers.
for dealing at faro, rolette, vantoon, or chucker luck, shall be deemed
felons and shall be punished as faro dealers are now punishable by
law; and all persons renting a house or other place of gaming for the Persons rent.
purpose of exhibiting any of the aforesaid games, or permitting or a p1^®® *®r
suffering any of the aforesaid games to be played or exhibited in any dared^e^rfs. *
house or other place occupied by him shall be held, deemed and taken
to be a felonious keeper of a gaming house, within the true intent
and meaning of this act.
Sec. 5. All boats, rooms, booths, and stalls where any of the What shall be
aforesaid games are exhibited shall be esteemed houses within the deemed houses-
true intent and meaning of this act.
1835.—Chapter 44.
Ch. 13, j 14. (Perjury to swear falsely to certain statements.—
See Revenue.)
Section 1. If any person shall in this state write, print, draw or Making or aid-
engrave or shall aid or abet in writing, printing, drawing, painting or ing in making se-
engraving on paper, parchment, linen, metal or any other substance^ jepTesentatfons1
with a view to its circulation, any paper, essay, verses, pamphlet, to excite rebel,
book, painting, drawing or engraving calculated to excite discontent, lion amongst
insurrection or rebellion, amongst the slaves or free persons of color, slaves*
such person shall be deemed guilty of felony and for the first offence for
on conviction thereof, shall suffer confinement at hard labor in the between 5 and
public jail and penitentiary house of the state for a period not less 10 years,
than five nor more than ten years; and for the second offence, on between 10^20
conviction thereof, shall suffer confinement as aforesaid for a period years,
not less than ten nor more than twenty years.
Sec. 2. If any person shall knowingly circulate, or shall aid or Circulation of
abet in circulating in this state, any paper, essay, verses, pamphlet, presentations or
book, paintings, drawing -or engraving, whether written, printed, aiding in same,
painted, drawn or engraved, on paper, parchment, linen, metal, or
any other substance, and whether the same be written, printed, pain-
ted, drawn or engraved within or out of this state, calculated to excite
discontent, insurrection or rebellion, amongst the slaves and free per-
sons of color; or if any person shall have in his possession with intent ^ Having samq
to circulate any paper, essay, verses, pamphlet, book, painting, draw- with^hitent to
ing or engraving as aforesaid, such person shall be deemed guilty of circulate,
felony, and for the first offence on conviction thereof, shall suffer ^ Punishment
confinement at hard labor in the public jail and penitentiary house of tw'n 5*V ioyrs]
the state, for a period not less lhan five nor more than ten years; and for 2d between io
the second offence shall suffer confinement as aforesaid for a period and 20 yearB-
of not less than ten years nor more than twenty years.
Sec. 3. If any person by words or gestures, shall with malicious Attempt by
intent attempt to excite any slave or free person of color in this state ^excite rebeirn
to insubordination, insurrection or rebellion, or shall procure any o- 0r procure ano-
ther person to attempt the same, or shall deliver any address, ha- ther to do bo.
333
felonies.
rangue or sermon in the presence or hearing of any slave or free
person of color, or shall hold any discourse, conversation or corres-
pondence by words, signs and gestures, or in writing, with any slave
or free person of color, calculated to excite such slave or free person
of color, to insubordination, insurrection or rebellion, such person
shall be deemed guilty of felony, and for the first commission of any
such offences, on conviction thereof, shall suffer confinement at hard
labor in the public jail and penitentiary house of the state, for a pe-
riod of not less than five nor more than ten yeurs; and for the second
commission of any said offences, on conviction thereof, shall suffer
confinement as aforesaid for a period of not less than ten nor more
than twenty years.
1 8 3 5.—Chapter 58.
Seducing Biav's Section 1- If any person or persons whatsoever, shall directly or
vk^with intent 'ndh'ectly tempt or persuade any slave or slaves, to leave his, her or
to convey out of their master or mistress's service, with an intent or design to carry
this state, etc. Jam} her or them out of this state, or with the intent or design to de-
or Concealing"! P"ve the true owner thereof, or shall harl or or conceal such slave
slave with such or slaves for that intent or purpose, such person or persons shall up-
intent. on conviction thereof, before any tribunal in this state haviig juris-
imprisonment diction thereof, be adjudged guilty of felony and shall for every such
between 3 and offence be confined in the public jail and penitentiary for a term
vears' not less than three nor more than ten years.
1 8 3 5.—Chapter 65.
Section 1. If any person or persons shall give or cause to be giv-
en to any slave or slaves, a forged pass or certificate purporting to be
passes of freedom or other instruments of writing for the purpose of
aiding or assisting any slave or slaves in running away from his, her
or their master or owner, such person or persons so offending, on
conviction thereof, shall be adjudged guilty of felony and shall be
punished by confinement at hard labor in the penitentiary house of
this state for a period not less than three nor more than ten years.
Sec. 2. If any person or persons shall secrete, conceal, or in any
manner, harbor or protect any runaway slave, knowing said slave
to be run away, such person or persons so offending, shall upon con-
viction thereof, be adjudged guilty of felony, and shall be punished by
confinement at hard labor in the penitentiary house of this state for
a period not less than three nor more than ten years.
Or shall deliver
any address, ser-
mon, &c. calcu-
lated to excite
slaves to rebel-
lion, etc.
Punishment
1st offence bet'n
5 and 10 years.
2d offence bet'n
10 and 20yrs.
Giving passes
or free papers:
Penalty bet'n
3 and 10 years
confinement.
Harboring or
conceding a run*
away slave.
Not less than
3 nor more than
10 years.
FEMES COVERT.
FEMES COVERT.
182 5.—Chapter 10.
Section 1. It shall not be lawful for any sheriff, coroner, or con- Property of
stable in this state, to levy any execution upon any property which wjfe separated
may have been acquired by the labor, care and industry of the wife, [o"be"evi^"on
or that she may receive by descent, gift or otherwise, of a defendant in certain cases
when it is notoriously known that he, her husband, has either left for his debtB-
and abandoned, or discharged or drove her from the place of his home
and residence, nor where she, the said wife, may have left and sepa-
rated herself from the home and residence of her husband and lives
separate from him in consequence of receiving from him (her said
husband) personal abuse, or violent and ill treatment, neither shall
the husband interfere with or dispose of the same. Provided, that
this act is not intended to protect or to secure to the wife, the enjoy- Not to protect
ment of any property which she may have acquired previously to the property previ-
separation having happened as aforesaid; but such property so ac- 0U8ly acquired»
quired as aforesaid by the wife, antecedent to the happening of said
separation, shall be liable to the payment of her husband's debts, in
the same way and to the same extent, that it is now liable, but no
further. But in case she shall again live with her said husband after If ghe agaln
such separation, then the property acquired by her as aforesaid shall iivew'h him her
be subject to his debts, and shall not be protected under the provisions property liable,
of this act.
183 5.—Chapter 56.
Section 1. It shall and may be lawful, for femes covert to act in wife to act as
all respects as femes sole, in all cases where the husband of such sin&le woman in
feme covert shall be ascertained to be insane, and incapable to man- onler husTamh
age his own affairs by the verdict of a jury as now prescribed by law;
Provided, That no feme covert shall be authorized to act as a feme sole,
until the verdict of the jury in such cases shall have been confirmed
by the county court; Provided further, that nothing in this act shall
be so construed as to authorize such feme covert to marry again du- again!to marry
ring the life of her husband.
Sec. 2. In all cases where the husband of any feme covert has Applicable to
been ascertained to be insane by the inquisition and verdict of a jury "ganuy^found
as now prescribed by law, and which has been confirmed by the by a jury,
county court of any county in this state, such feme covert shall and
is hereby authorized to act in all respects as a feme sole, during the
insanity of her husband, to purchase, receive and hold property, both
real and personal, to contract and be contracted with, to sue and be
sued, plead and be impleaded, and that such property as she may ac-
quire by purchase or otherwise shall not be taken nor made subject to
the satisfaction of the debts or contracts of her said husband.
(For Conveyance* by Feme Covert, see Registration.)
334
fkncefe.
FENCES.
1803, Ch. 9,} 1.—(Penalty for burning or tearing down fences.
See Misdemeanors..)
1 80 7. Chapter 8.
Section 1. Every planter shall make a sufficient fence about his
five feet high.be c^eare^ land, in cultivation, at least five feet (a) high, and shall make
such fence sufficiently close, to prevent hogs from passing through
the same, for at least three feet high from the surface of the earth.
Justice to sum- Sec. 2. When any trespass shall have been done by any cattle,
mon two persons horses or hogs, on the cleared and cultivated ground of any person,
todeterm'e tres. -t ^ jawfui for such person to complain thereof to any justice
of the peace for the county where such trespass shall have been done,
and such justice is hereby authorized and required to cause two dis-
creet and impartial freeholders to be summoned, who with such jus-
tice shall view and examine on oath, whether the complainant's
fence be sufficient or not, and what damage he hath sustained by
such trespass, and certify (J) the same under their hands and seals, and
sufficient;6 owner if" it shetll so appear that the said fence be sufficient, then the owner
of stock to pay °f such cattle, horses or hogs, shall make full satisfaction for the tres-
damages. pass to the party injured, to be recovered before any tribunal having
cognizance thereof; but if it shall appear, that the said fence be
sufficient6 ^ n0t deemed insufficient, then the owner of such cattle, horses or hogs,
shall not be liable to make satisfaction for such damages.
injury to be Sec. 3. If any person whose fence shall be adjudged insufficient
paid for by those shall with guns, dogs or otherwise, maim, wound or kill any horses,
whose fences are cattle, or hogs, or cause or procure the same to be done, such person
insufficient. go offending- shall make full satisfaction to the person injured, for all
damages by such person sustained, to be recovered before any hi-
bunal having cognizance thereof.
(a) All parts of the fence trespassed upon must be at least fivd feet high and so proven or the plaintiff ean-
not recover; and if any part be under five feet, although the trespass was committed where it was five feet,
the law presumes, that the stock were first tempted by reason of the lowness of other parts. 4 Yerg. 36.
(5) Upon a trial for damages the certificaie is prima facie, but not conclusive evidence, as to tlie legality of
the fence, and the amount of damages; but the fact that the trespass was committed by the defendant's stock
must be established by other proof than the certificate. Nor need the certificate show to whom the cattle be-
longed. 2 Tenn. 323.
iTERRIES.
335
FERRIES.
1 7 6 4.—Chapter 3.
Section 4. If any person or persons not empowered to keep a ferry, Penalty for
shall pretend to keep any ferry, or to transport any person or persons, k®eP*ng fe"y V*
or their effects, for pay, within ten miles of any ferry, (being on the Hshed ferry!8tB
same river or water) which is already, or hereafter shall be appoint-
ed, such person or persons so pretending to keep a ferry, or transport-
ing any person or persons, or their effects, shall forfeit and pay the
sum of two dollars and fifty cents, for every such offence, to the near-
est ferryman, to be recovered by a warrant from any justice of the
peace, upon full proof thereof made before him.
1779.—Chapter 10.
Section 9. Any ferry keeper who shall ask, demand or receive, a penalty for
greater price for ferriage, than shall be rated by the justices accord- charging ;uniaw-
ing to the directions of law, shall forfeit one hundred and twenty-five ful ferriasc*
dollars for every offence; to be recovered by the informer to his own
use, before any jurisdiction having cognizance thereof.
Sec. 14. If any person or persons who live at, pr own public fer- - ~ Penalty for
ries in this state, shall refuse to keep up such ferry or ferries, at the up^ferf/a^the
rates allowed them by their said county courts, every such person so legal rates,
offending shall for every offence forfeit and pay the sum of one hun-
dred and twenty five dollars, to be recovered by any person suing for
the same, to his or her own use.
17 87.—Chapter 16.
Section 1. Such persons as may contract for riding post, or for Mail contract.
carrying the mail in stages, shall be authorized to keep a boat and to orsmay keep fer!
employ hands for the sole purpose of transporting the public mail, *y boat*
and such passengers as may travel in the stage with the same,
across any ferry or ferries, without let or hindrance; Provided, that
nothing contained in this act shall be so construed as to authorize the
contractors for riding post, or for carrying the mail by stage, to trans- To transport
port any other passengers across at public ferries than such as travel none but stage
by the stage, and that no person or persons shall pretend to transport passengers,
any other passenger for pay at a public ferry, unless he or they are
duly authorized so to do by the court of the county in which the ferry
may be, or of the county from which the passenger may be carried,
under the penalty of twelve dollars and fifty cents for every offence,
to be recovered before any justice of the peace, to the use of the
(a) It is no objection to tbe order, establishing a ferry, that the defendant has an older one, within a few
hundred yards of the same place,* nor is it a sufficient objection that the former (from local causes) will be of
less benefit. 2 Yerg. 306.
338
FERRIS S«
person who may sue for the same, subject however to an appeal ly
the party grieved,
180 3.—chapter 53,
county court Section 1. One third or twelve (see County Courts, 1817, ch. 48)
may establish or of the acting justices of the peace in each county shall be competent
rie»°ntinUe fer to granting any order for any new road, or the discontinuance of
a road or ferry.
18 0 4.—chapter 1.
51. (County court may establish ferries and rate the toll. See
Roads.)
} 2. (Exempts keepers of public ferries from working on roads.
See Roads.)
Ferry keepers Section 15. The courts in each and every county shall have full
to give security power and authority, and they are hereby directed and required to
in, $2000. compel all persons that shall be appointed to keep a public ferry or
toll bridge, to give good and sufficient security in the sum of two
thousand dollars, payable to the chairman of the said court and hia
successors in office, with condition that he shall and will constantly
find, provide and keep good and sufficient boats or other proper craft,
and keep such bridges in good repair, as the case may be, and al-
ways to be well attended, for travellers or other persons, their horses,
carriages and effects, over any river or creek, and if any person shall
receive damage by any ferryman or keeper of a toll bridge not hav-
ing complied with the condition of his bond, the person receiving
such damage, shall and may bring an action of debt against such
Suit ma be ^enTman or bridge keeper, on such bond in the name of the chair-
brought<m bontU man, and recover for the non-performance of the said condition, so
much damages as he, she, or they shall have sustained, and there-
upon take out execution for whatever shall be so recovered, and ap-
ply the same to his, her, or their own use; and it shall and may be
lawful for any person detained at a public ferry, by reason of the
ferryman not having sufficient boats or other proper crafts and hands
or by neglecting to do his duty, by a warrant from a justice of the
peace, to recover of such ferryman or bridge keeper the sum of ten
Recovery on dollars for every such default or neglect: Provided, That any such
bond not to bar recovery shall not be deemed to bar an action for any damages suf-
an action for da. fere(] by any person or persons, by reason of the insufficiency of said
mages. ferry boat and bridges.
Ferries free Sec. 18. All ferries and toll bridges shall be free to electors on
for electors, etc. days of election of members of the General Assembly, general and
private musters, and Representatives to the Congress of the United
States in going to and returning from the same.
Penalty for Sec. 20. All ferry keepers shall keep the banks of the river in
not keeping b'ks g00d repair where they shall keep ferries on both sides of the water
overseers ofr'ds courscs, or where they shall keep a ferry on one side of a water
course, or be subject to the same penalties as overseers of public
roads are liable to, for suffering their roads to be out of repair.
PERRIES.
337
18 0 7.—Chapter 25.
Section 1. It shall be the duty ot the several county courts in this County court
state to authorize the owner or owners of ferry landings or owners of riggtoowner^of
land on each side of rivers, whose ferries shall be established, to e- the banks,
rect a ferry or femes under the same rules, regulations, and restric-
tions that ferries have heietofore been established by law, and the
said ferry keepers are hereby authorized to land their boats on the
opposite banks of the rivers, (b)
Sec. 2. Where a public road crosses a river, upon which it may be Banks owned
necessary to establish a ferry, and when the banks are owned by may
different persons, each person shall be authorized to keep a ferry, keep ferry,
and bound to keep his own bank in complete repair, as heretofore
contemplated by law, and at the same time allow to the holder of the
opposite bank, free and uninterrupted privilege of landing his boat or
craft on either of the banks: Provided, he lands at such place on the
bank as may be cut and prepared for that purpose, unless prevented
by high water or other unavoidable accidents.
181 3.—Chapter 127.
Section 9. It shall and may be lawful for all persons to use the ferry landing
public ferry landings in this state, for the purpose of loading andun- loatrg boats, etc*
loading boats, provided they do not obstruct said ferries.
181 5.—Chapter 121.
Section 1. All regular soldiers, singly or in companies, militia Soldiers to
men whilst in actual service, singly or in companies, all wagons and cros* freeofto11
-pack-horses belonging to them, shall pass any turnpike road, toll
bridge or public ferry, authorized by the laws of this state, free from
the payment of any toll whatever.
18 2 1.—Chapter 6.
Section 9. The county courts, a majority or nine of the acting Ferries may
justices being present, shall have power to establish ferries whenever be established by
they may find it necessary for public convenience. county court.
18 2 5.—Chapter 44.
Section 1. Where any public road crosses a river at a place where private ferries
it may be necessary that a ferry should be kept, and the owner or to be governed
owners of the ferry banks keep or authorize some other person to of
keep a ferry, without having such ferry established and made a pub- r 1
lie ferry by order of the county court, as is by law provided, such
person or persons, so owning or keeping a private ferry, shall be reg-
ulated and governed by the same laws and regulations as are now in
force and use concerning owners of public ferries.
(J) Under the present laws, the right to keep the ferry is conferred upon the owner ofthe soil in preference
to one having no interest therein, and vests in him the profits arising therefrom; and although a man may own
the land above and below the ferry, yet if he does not own the bank at the ferry on either side, he ia not en-
itled to havea ferry in preference,to thp owner of the bank. 5 Yerg. 189, and 3 Yerg. 187.
44
338
FINES AND FORFEITURES.
X 8 2 7.—Chapter 96.
Penalty for Section 1. If any person keeping any public ferry shall fail, re-
refuaing to put fuse? or neglect to put over any person carrying the United States'
over ma carrier may? ejther by night or day, by reason of which failure, neglect or
refusal the mail carrier shall be prevented from delivering the mail
at the post offices on his route within the time required by the con-
tract of such mail carrier, or the orders of the postmaster general, the
owner or owners of such public ferry shall be liable to pay to such
mail earner double the amount of the loss or injury he may havesus-
tained thereby, to be recovered before any justice of the peace in the
county where such ferry keeper may live, provided such delinquency
on the part of the ferry keeper, shall not have arisen from extreme
high waters, or excessive fogs or high winds or other unavoidable ac-
cidents; Provided, the said mail carriers shall attend at such fer-
ries within the hour prescribed by the postmaster nearest to such
ferry.
FINES AND FORFEITURES.
constitution. art. i, sec. 16. art. vi, sec. 14.
1796. Ch. 15, § 4. (Clerks of the circuit courts required to enter
into bond for the collection and payment of fines and forfeitures.—
See Circuit Court Clerics.)
1811.—Chapter 2.
Section 1. In all suits on any penal statute, or on any forfeited
Courts may recognizance in anv court of record, or before any justice of the
release whole or ° „ X r- . .1 . . A .1 . l
part of fines and peace, if any part thereof accrues to the state, or to the county where
forfeitures in c'r- the offence shall have been committed, the said courts shall have
tain cases. power either before or after final judgment to release the defendant
or defendants from the whole or any part of the penalty 01 forfeiture
accruing to the county or state: Provided, The said penalties have
not already been collected or paid; and the said courts are hereby
authorized to discharge the person from the payment of all costs
that may have accrued upon said forfeiture so entered: Provided,
It appears to said court, that the person was in no kind of fault.
1815.—Chapter 131.
Fsnaities before Section 1. All fines and forfeitures arising, and that may here-
justice to be paid after be collected, pursuant to the judgment or sentence of any jus-
to trustee of
eeqnty.
FINKS AND FORFEITURES.
339
tice of the peace, or any penal statute, or so much of such fine or
forfeiture, as shall or may accrue to the county, shall be paid into
the hands of the trustee of the county, wherein such fine or forfeiture
may have arisen, which shall be accounted for and applied as other
county moneys are,
. 1827, Ch. 51, § 1. (Justices of the peace .allowed to enter judg-
ment for penalties, fines and forfeitures, under the stray laws. See
Justices.)
1827, Ch, 58, $ 3. (Application of fines and forfeitures. See RevC'
nue of State.)
18 3 5 .—Chapter 55,
Section 1, All fines, amercements, forfeitures, and recoveries, Fin's on feio.
arising, and that may hereafter be collected, pursuant to the judg- Estate?**'1*0
ment or sentence of any court in this state, unless the same shall
arise on prosecutions belpw the grade of petit larceny, shall be ap-
plied to the use of the state, and shall by the respective clerks be
accounted for as hereinafter provided for, ^
Sec. 2, All fines and forfeitures arising on prosecutions, or on for- misdemeanors°n
feited recognizances, that may hereafter be collected, pursuant to paid to county,
the judgment or sentence of any court in this state, unless the same
shall arise on prosecutions in petit larceny, and on prosecutions
above the grade of petit larceny, shall be applied to the use of the
county where the same may have originated, and shall by the respec-
tive clerks be accounted for as hereinafter provided for,
Sec. 3. (The clerks of the several courts required to make out a
statement of all moneys by them collected up* to the first of Septem-
ber in each year. See Clerks.)
Sec. 4, (The clerks in making statements to be governed by exist-
ing laws. See Clerks.)
Sec. 5. (Clerks to pay over moneys by the first of October. See
Clerks.)
Sec. 6. (Clerks dismissed for failure to make statements, or pay
over moneys. See Clerks.)
183 5.—chapter 70,
Section 1, If at any time before the passage of this act, or at any f<^? jjvd °to
time after the passage of this act, any money has been or hereafter be refunded 'on
may be paid into the treasury pf this state, by virtue of a judgment reverse!,
rendered in any of the circuit courts of this state, founded upon a
forfeited recognizance, and such judgment has been or hereafter
may be reversed upon appeal or writ of error duly prosecuted in the
supreme court, the sum or sums of money thus paid into the treasury,
shall be refunded to the party paying the same, on such judgment of
forfeited recognizance, upon the production of a certified cppy of the
judgment of reversal in the supreme court, to the treasurer.
FIRE COMPANIES A.NIJ FIRE HUNTING*
FIRE COMPANIES.
18 31.—Chapter 27.
Section 1. It shall be lawful for any number of persons residenl
within any town or corporation within this state, exceeding forty
persons, to form themselves into a company or companies for the
purpose of extinguishing fire; who on having their names and sub-
scriptions recorded in the register office of the proper county, are
hereby authorized to make such rules and regulations, as to a majo-
rity of said companies may seem proper and necessary, for the pro-
curing of engines, buckets, hooks and ladders, and all implements
necessary for working said engines, and exercising the companies so
raised. And all fines and forfeitures for non-attendance or delin-
quency imposed by the regulations to be adopted by the companies
provided for by this act, not exceeding twenty dollars, shall be recov-
ered by action of debt before any justice of the peace of the proper
county, by the said company in their corporate capacity, which said
fines and forfeitures shall be for the use of the companies suing for
the same.
Sec. 2. The members of all regularly organized fire companies,
shall be exempt from mustering in time of peace. But their names
shall remain on the rolls to ascertain the annual strength of the
militia.
FIRE HUNTING.
1 774. Chapter 6.
One fire-hunter Section 5. When more persons than one are engaged in the com-
to be witness mission of such offence (fire hunting,) it shall and may be lawful for
and "thereby6to one the111 *° give evidence against any one, or all others concerned;
he discharged- and his testimony shall be held and deemed to be effectual, and shall
have equal weight as if given by any person perfectly disinterested
and innocent of the offence, giving like information of the same facts,
subject in other respects to the general rules of law respecting wit-
nesses; and such witness, upon giving such information, and after due
conviction of one or more such offenders, shall be acquitted and held
discharged from all penalties and pains to be inflicted by law; and
shall have equal right to the moiety of the fine as other informers are.
[Fire Companies
may be formed
exceeding 40.
Names regis-
tered.
To make rules.
Fines.
Exempt from
mustering.
fire wool*.
341
1 7 99.—Chapter 3.
Section 9. If any person summoned as an evidence against a fire penalty for not
hunter, shall refuse or neglect to give evidence against such fire giving evidence,
hunter, such person so refusing or neglecting, shall be committed to
the jail of the county where the offence shall be committed, until he
or she shall give evidence against the offenders.
1784.—Chapter 33.
Section 3. If any slave or slaves shall be discovered fire hunting, the Penalty on mas-
master of such slave or slaves, or the person in whose service he or ters,&c.ofsiav's
they may be, shall upon due conviction of any such slave or slaves huntingasabove
before any justice of the peace of the county wherein such offence
may be committed, forfeit the sum of $12 50, to be levied by a war-
rant immediately to be issued by such justice for that purpose; and if
any person shall be duly convicted as aforesaid, of sending his slave
to hunt with a gun in the night by fire-light, he shall be subject to
the same pains as are provided to be inflicted on fire-hunters.
183 .—Chapter 40.
Section 2. If any person or persons shall be guilty of fire-hunting Penalty for
in the night time, and thereby kill, or otherwise injure any stock of fire-hunting,
any kind, the person or persons so offending, shall be guilty of mali-
cious mischief, and tried and punished under the same regulations
and restrictions as other persons guilty of malicious mischief.
FIREWOOD.
1 7 8 4.—Chapter 32.
Section 1. All firewood sold in the towns established by the leg-
islative authority, shall be sold by the cord, and not otherwise; and Fir!wo?d t0 ^
each cord shall contain eight feet in length, and four feet in breadth, 801 7 4 8 cor '
and shall be corded by the carter or seller, under the penalty of two
dollars and fifty cents for each offence, to be recovered against the
owner or seller, before a single magistrate by a warrant, which pen-
alty shall be to the use of the informer
342
FORCIBLE ENTRY AND LETAINER.
FORCIBLE ENTRY AND DETAINER
18 2 1.—Chapter 14.
Not to hold Section 1. No person or persona shall enter upon or into any
lands or tene- lands, tenements or other possessions, and detain or hold the same,
ments but where but where entry is given by law. and then only in a peaceable man-
entry is given. v r J r
What shall be ®EC* ^ any person shall enter upon or into lands, tenements, or
a forcible entry other possessions, and detain and hold the same with force or strong
and det&iner. hand, or with weapons, or by breaking open the doors, windows or
other part of a house, whether any person be in it or not, or by any
kind of violence whatsoever; or by threatening to kill, maim, or beat
the party in possession, or by such words, circumstances or actions,
as have a natural tendency to excite fear or apprehension of dan-
ger, or by putting out of doors, or carrying away the goods of the
party in possession, or by entering peaceably, and then turning by
force, or frightening by threats, or other circumstances of terror, the
party out of possession, in such case every person so offending, shall
be deemed guilty of a forcible entry and detainer, within the mean-
ing of this act.(a)
Whatever m'kes Sec. 3. No person who shall lawfully or peaceably enter upon, or
an entry forci- into any lands, tenements, or other possessions, shall hold or keep the
tatoer forciWe^6* same unlawfully, and with force or strong hand, or weapons, or vio-
lence, or menaces, or terrifying words, circumstances or actions
aforesaid, and it is hereby declared, that whatever words or circum-
stances, conduct, or actions, will make an entry forcible under this
act, shall also make a detainer forcible. (b)
Sec. 4. The three preceding sections of this act shall extend to,
What estate and comprehend terms for years, and all estates, whether freehold or
included; legs than freehold.
Tenants hold ®EC* ^ any tenant or tenants for term of life or lives, year or
ing over, guilty years, or other person or persons who are or shall be in possession
of detainer. of any lands, tenements, or hereditaments, by? from, or under, or
by collusion with such tenant or tenants, shall wilfully and without
force hold over any lands, tenements, or hereditaments, after demand
and notice in writing given for the delivery of the possession thereof
by his, her or their landlord or landlords, lessor or lessors, or the
person or persons to whom the remainder or reversion of such lands,
tenements or hereditaments shall belong, his, her, or their agent or
(a) a party to be guilty of forcible entry and detainer under this section, must enter into possession oftbe
premises, when actually adversely holden. Mart, and Yerg. 225.
(ft) Actual violence need not be proven to give effect to this section, but if the demandant has the right to
possession, and it is the duty of the tenant to deliver it, and notice has been given and possession refused, the law
will imply force, for it is a wilful and forcible detainer. 6 Yerg. 431.
2. It is not necessary to entitle the landlordjto his remedy, under this section, that he should commit a
breach of the peace to get possession or compel the tenant to commit it, in holding him out. Same,
FORCIBLE ENTRY AND DETAINER.
343
attorney, thereunto lawfully authorized, then such person or persons
so holding over shall be guilty of an unlawful detainer.(c)
Sec. 6. The aforesaid forcible entries and detainers, forcible de-
iainers and unlawful detainers, are hereby made cognizable before
any justice of the peace of the county in which theyare committed.
Sec. 7. When complaint to any justice of the peace of the proper
county shall be made in writing, and signed by the party grieved,
his agent or attorney, specifying the lands, tenements, or other pos-
sessions,(d) so forcibly entered upon and detained, or forcibly or un-
lawfully detained, by whom and when done, and the estate therein, it
shall be the duty of the said justice to issue a precept under his hand
and seal, directed to the sheriff of said county, commanding him to
summon twenty good and lawful men of said county to come before
the said justice, to inquire into, and try such forcible entry and de-
tainer, or forcible or unlawful detainer,(e) which precept shall he
in the form, or to the effect following, that is to say.
State of Tennessee^ Tq fhe Sfemj 0y county, Greeting:
Whereas complaint in writing is made to the subscriber A. B. one
of the justices of the peace in and for Said county, of a certain forci-
ble entry and detainer, (or if detainer only, then say, of a certain for-
cible detainer, or of a certain unlawful detainer, made by E. F. into
the messuage, or upon the lands of C. D. in the county aforesaid: We
therefore command you, that you cause to come before the said A. B.
on the premises, in the county aforesaid, on the day of
twenty good and lawful men of the body of your county, above
the age of twenty-one, and who are in no wise of kin to the said C.
D. or E. F. to make a jury of the county to inquire of, and try the
said forcible entry and detainer, or forcible and unlawful detainer,
and you are hereby required to give notice of this warrant to at
least two other justices of said county, and to require their attendance
at the time and place aforesaid. Given under the hand and seal of
the said A. B. the day of in the year of our Lord 18—
Sec. 8. The said justice shall issue a summons to the party Com- Bummons-°l8,Ue
plained against, in the words, or to the effect following; that is to
say:
(e) To constitute a tenant guilty, who holds over against his landlord, Under this section, there must have
existed a contract of rent or lease for a definite period, and the tenant must hold over after receiving written
notice to surrender the possession. Mart, and Yerg. 255.
2. The purchaser of a remainder or reversion of land, which has been leased, may, by virtue of this Section,
maintain a forcible entry and detainer, after the expiration ofthe lease against the tenant or sub-tenant, in the
same manner that his grantor could. 5 Yerg, 217.
3. This section having limited no time at which a written notice to quit shall be given, if demand Of the
possession be made, and written notice given for the delivery, and the tenant refuse to surrender, the Same
may proceed at any time* Same.
4. If a party agree to surrender premises when demanded, and upon demand made, refuse to surrender, this
will be a wilful and unlawful holding. 6 Yerg. 431.
5. Where one is by agreement to surrender on demand, he is not entitled to notice. Same.
6. To be entitled to six months notice to quit, the tenant should at least shew some agreement to protect
himself, either express or implied. Same.
(d) The description ofthe premises must have such certainty, that the jury summoned may know where to
meet, and the sheriff know of what he is to give restitution:—the plaintiff must also show what estate or in-
terest he has in the land. Mart, and Yerg. 193.
(«) Twenty jurors are to be summoned, but twelve, of any number between that and twenty, will be sufii-
cient to try the issue. Same.
Cognizahce
by a Justice.
Justice to have
summoned 20
men to try com-
plaint.
Form of process.
344
FORCIBLE ENTRY AND DETAINER.
—t° the sierif°f—e°unty' °rceting:
Form of sum- comman^ you that you summon E. F. to appear before A. B.,
moos!™ ° " one the justices of the peace in and for said county, at the house of
on the day of to answer to, and make defence against
the complaint of C. D. of a forcible entry and detainer, (or if detainer
only then say, &c.) made by the said E. F. into the messuage or
upon upon the lands of the said C. D. in the county aforesaid, and
have you then and there this precept, with a return of your proceed-
ings thereon. Given under the hand and seal of the said A. B. the
day of in the year of our Lord 18—
Summonsto be Sec. 9. The said summons shall be served upon the party against
served six days whom the said complaint is made, or a copy thereof left at his usual
anceeaPPear place of abode, six entire days before the day of appearance therein
mentioned, and that such service of the said summons in any part of
this state, as well without the said county as within it, shall be good
and effectual in law; and further that no jury shall by virtue of this
act be sworn to inquire of and try any forcible entry and detainer, or
forcible or unlawful detainer, where such previous notice shall not
have been given as aforesaid.(y)
Sec. 10. The party against whom such complaint is made, may,
Party may plead at the time of appearance, mentioned in the said summons, and before
and what. the said jury is sworn, plead "not guilty" to the said charge or com-
plaint, or that he hath been three years in quiet possession, and his
estate therein not ended or determined, agreeably to a subsequent
clause in this act; and thereupon the said parties shall be at issue,
and the said justices shall proceed to swear the jury so returned to
inquire of, and try the same; and if the said party against whom the
complaint is made as aforesaid, does not appear at the time specified
in the said summons, or appearing, does not plead to the said
complaint, then it shall be lawful for the said justices to proceed
Proviso. in the same manner, as if he had pleaded "not guiltyProvided,
That each party, on said trial, shall have the right of challenge,
which shall not extend to a greater number than four jurors
each.
Justices to ad- Sec. 11. To the said jurors, and each of them who shall be re-
minist'r oath turned to inquire of, and try the said complaint, the said justices shall
administer the following oath or affirmation:
You do swear, (or affirm) that you will well and truly try this
oath"1 °f Juror's issue joined between C.D. and E.F. and a true verdict give accord-
ing to evidence.
Sec. 12. When the jury shall be sworn as aforesaid, the said jus-
to supporf com- tices shall cause the said complaint to be read to them, and then call
plaint. upon the complainant to support the same.
Sec. 13. If the jury find the party against whom such complaint is
justice to give exhibited, guilty, or find a verdict against his plea of possession, it shall
issu^^writ81^ the duty of said justices to record the said verdict, and to give judg-
restitution. ment thereon, with cost, and also to issue a writ of restitution, directed
the sheriff, to cause the complainant to be re-seized or re-possessed,
to which shall be added a clause commanding the said sheriff to levy
the said costs of the goods and chattels of the offender, and for want
(/) It must appear by the sheriff's return, when the summons was executed on the defendont, so that It
may appear he had six day's notice, without which no jury could be sworn. Same.
FORCIBLE ENTRY AND DETAINER.
345
thereof, to take the body of such offender, and him safely to keep in
close custody in the common jail of the county until he shall pay the
same, or be thence released by due course of law: And the jury afore-
said shall return their verdict in the following form:
At a court of inquiry held before A. B. &c. justices of the peace Form of verdict.
within and for the said county of upon the day of in
the year of our Lord , the jury upon their oaths do find that the
lands or tenements aforesaid, bounded, (or described) as follows, as in
the complaint upon the day of , in the year of our Lord
was in lawful and rightful possession of the said C. D., and that the
said E. F. did upon the same day unlawfully with force and arms,
and with strong hand, enter forcibly upon the same, or being law-
fully upon the same, did unlawfully with for^e and strong hand, ex-
pel and drive out the said C. D., and that he doth still continue
wrongfully to detain the possession from him the said C. D. Where-
fore the jury find upon their oaths aforesaid, that the said C. D.
ought to have restitution thereof without delay; which verdict shall
be signed by the jurors; and upon the return of the verdict signed
as aforesaid, the justices of the peace shall issue a writ of restitution,
which shall be in the form following:
State of Tennessee J
County. ) Whereas at court of inquiry of forcible Form of writ
entry and detainer, or forcible and unlawful detainer, holden in the of restitution.
county of R upon the day of in the year of our Lord
before A. B. &c. justices of the peace for the said county of
R , the jurors empanneled and by the said justices, and
returning their verdict in writing, by each of them, that E.
F. was upon the day of ghtful possession of a cer-
tain messuage or tract of land, (as in the verdict returned) and that,
&n, (as in the verdict) whereupon it is considered by the said jus-
tices that the said C. D. should have restitution of the same. We
therefore command you, that you take with you the force of the
county, if necessary, and cause the said C. D. to have the peaceable
restitution of the same, and make return of this writ with your
doings thereon, within twenty days next coming. Witness the said
Justices aforesaid the day of in the year of our Lord 18—
Sec. 14. If the jury find against the said complainant, the said cx^htj"ntoks"®
justices shall record the said verdict and give judgment accordingly complainant for
with cost, and shall issue execution directed as aforesaid, for the said costs,
cost, against the goods and chattels, and in want thereof against the
body of the said complainant.
Sec. 15. The said justices may at the request of either party, and May postpone
on good reason being assigned, postpone the said trial to any time, trial,
not exceeding fifteen days, but such postponement to be on the pay-
mentofcost, by the party making the application.
- Sec. 16. It shall be the duty of the said justices to enter on their justices duty,
minutes or docket, true copies of the complaint exhibited by virtue
of this act, and of the summons and service, and their respective
returns, and the names of the jurors, their verdict, and their judg-
ment thereon, and also the names of the witnesses, and the admis-
sion of evidence objected to, and the rejection of evidence offered,
and the reason of such admission or rejection, and all the proceedings
before them had touching Ihe said complaint.
45
346
FORCIBLE ENTRY AND DETAINER.
Penalty for Sec. 17. If the sheriff of any county shall neglect or refuse to exe-
sheriff's neglect, cute or return any precept, writ, or other process to him directed and
delivered by virtue of this act, he shall, for every such offence, for-
feit and pay two hundred and fifty dollars to the party grieved, to be
recovered with cost by action of debt, in any court of record having
cognizance of the same.
Sec. 18. The proceedings had by virtue of this act on such torci-
a he°removed entlT an<* detainer, or forcible, or unlawful detainer, may be re.
bjTcertiorari.V moved to the circuit court in the county where such trial was had,
by writ of certiorari, and in no other way, and then only after judg-
ment.(g)
Sec. 19. Neither the said judgment or any thing in this act shall
bar or prevent the party injured from bringing an action of trespass
or other action against the aggressor or party offending.
Sec. 20. The estate or merits of the title shall in no wise be in-
quired into on any complaint which shall be exhibited by virtue of
this act: Provided, That this act shall not extend to any per-
son who hath had the uninterrupted occupation or been in quiet pos-
session of any lands or tenements for the space of three whole years
together, immediately preceding such complaint so exhibited to the
said justices, and whose estate therein is not ended or determined,
but every such person may plead the same to the said complaint,
which shall be tried in the manner herein before prescribed.(Zt)
Sec. 21. Every justice of the peace before whom any prosecution
shall be instituted by virtue of this act, shall be, and he is hereby
authorized to issue writs of subpoena for witnesses into any county in
this state.
When sheriff Sec. 22. If the jury aforesaid, ©r a part thereof shall fail to at-
blunders1011 tenc*? or ^ by challenge or other cause, there shall happen not to be a
full jury, the sheriff shall fill the pannel out of by-standers as in other
cases.
Fees allowed ®EC* justices °f the peace before whom the trial and deter-
66,1 a owe * mination of every such cause is had, shall be entitled to, and receive
two dollars and fifty cents; sheriffs' fees shall be the same as is, or
shall be allowed to them respectively in the circuit and county courts
for like services; the jurors and witnesses shall be allowed the same
for each day they may attend as such, as is now allowed by law to
jurors and witnesses for their attendance at the court of pleas and
quarter sessions, which cost shall be taxed by the justices before
whom the trial was had.
Penalty on Sec. 24. Every person summoned as a juror, or subpoenaed as a
nenes refusing witness, who shall not appear, or appearing, shall refuse to serve or
to attend. give evidence in any prosecution instituted by virtue of this act, shall
be under the same penalties now prescribed by law in cases of non-
attendance or refusal in the county or circuit courts; and that al sent
jurors and witnesses may have an opportunity to show such reason-
able cause, it shall be the duty of such justices to issue a summons
requiring them to appear before them at some future period not ex.
ceeding ten days after the service of such summons, to shew such rea.
(g) Upon removal of a cause by certiorari, there is to be a re-trial of the facts by a jury. Mart, and Yerg.
255.
2. Merits alone need be stated to obtain a certiorari. Same.
(X) In an action between occupants of public lands, under the act of 1829, ch. 22, sec. 11, the title of the
party turned out of possession,cannot be disputed or inquired into. 6 Yerg. 448i
Not to prevent
trespass.
Title not to be
inquired into.
Proviso.
Subpoena for
witnesses.
forcible entry and detainer.
347
sonable cause for their non-attendance, and such justices are hereby
authorized and required to issue an execution directed to the sheriff or
any constable of the said county to levy the same of the goods and
chattels of the offender, which fine, when recovered, shall be applied
by the said justices to the use of the said county.
Sec. 25. Any two justices of the peace shall be competent to con- Two justices
duct the proceedings as contemplated in this act: Provided, competent'
That the justices of the peace issuing the process, shall keep the
record of the proceedings, but the same shall be signed by all the jus-
tices trying the matter in dispute.
18 22.—Chapter 35.
Sec. 1. When complaint shall be made to any justice of the peace
as pointed out by the provisions of the act which this is intended to piafnYngnofCfo£
amend, by any person or persons of forcible entry and detainer, of cibie entry and
forcible detainer, and unlawful detainer, it shall be the duty of said
justice before issuing a precept against the party complained of, to u 1
require of the person or persons complaining, good and sufficient
security for all costs and damages which shall accrue in the trial of
the matters in controversy.
Sec. 2. In all cases where any magistrate or magistrates shall Writofrc8tittt
enter up a judgment against a defendant or defendants agreeably to tion not to igBUe
the provisions of the act which this is intended to amend, it shall not for 20 days,
be lawful for such magistrate or magistrates to issue a writ of resti-
tution in favor of the complainant or complainants, within twenty
days after the rendition of said judgment.(i)
Sec. 3. When any judgment shall be rendered as aforesaid, the Twenty da B
defendant or defendants shall have twenty days to remove his or allowed defen-
her cause from the judgment of said magistrate or magistrates as pro- <font to remove
vided by the act which this is intended to amend, and in all cases it hiscause'
shall be the duty of said justice or justices, after the expiration of
the time here given for the removal of such cause or causes, to issue
a writ of restitution according to the provisions of the act of which
this is amendatory.
182 5.—Chapter 63.
Sec. 3. Where any person has been, or hereafter may be, dispoS-
sessed of any premises by virtue of the laws of this state, for a forci- Penalty for re-
ble entry and detainer or detainers, and shall again illegally possess f0°rsc^ieentr &
him, her or themselves, of the premises from which he, she or they were detainer?0
thus dispossessed, such person so offending, shall be deemed guilty of
a misdemeanor, and on presentment or indictment in the circuit court
of the county where such offence shall have been committed, shall be
subject to a fine not less than five, nor more than fifty dollars, and
shall be imprisoned for a time not less than two days nor more than
ten, and the only evidence which shall be required or admitted by
the court upon the trial of such cause shall be, that the person so in
possession, was turned out of possession for a forcible entry and de-
tainer, or detainers, and that he, she, or they have again taken posses
sion of such premises.
(i) When the writ of restitution issued the day after the trial, it was held to he good eause for quashing the
writ. Mart. & Yerg. 188.
348
FORNICATION.
1 8 3 3.—Chapter 79.
Suits not to Section 1. Whenever a cause shall be brought into any circuit court
be dismissed for in a suit for forcible entry and detainer, or forcible detainer, or unlaw-
fectSSi°n °r de detainer, under the provisions of existing laws, such cause shall
not be dismissed for any error whatever in the proceedings before the
To be tried the justices, and it shall stand for trial on the merits at the first term of the
first term. court; but if the court shall be of opinion, on the motion of the plain-
tiff or defendant, that the complaint required by the existing law to
be made before the justice, or the precept issuing thereon, or any
proceedings in the cause be defective, or any matter or thing pertain-
Amendments ing to said cause be wanting, such court shall order the same to be
to be allowed, amended or supplied, upon such terms as may be thought equitable
and just.
183 5.—Chapter 84.
Section 1. When any person or person shall file their petition
before any circuit judge in this state, for writs of certiorari and su-
persedeas, on the verdict and judgment of a court originally trying an
action of forcible entry and detainer, or unlawful detainer, it shall be
the duty of the judge, if he shall be of opinon said petition ought to
be granted, to order the applicant for such writs to give bond and
security to pay and satisfy all such cost and damages, as shall accrue
to the defendant in the petition for the wrongful prosecution of his
suit.
Sec. 2. It shall be the duty of the clerks of the circuit court here-
after, when they shall take a bond and security for the prosecution of
a suit for a forcible entry and detainer, or unlawful detainer, to take
such bond conditioned to prosecute such suit with effect, or to pay
and satisfy all costs and damages for the wrongful prosecution of such
suit, and to pay and satisfy the defendant in damages for the wrong-
ful detention of the premises.
FORNICATION.
17 41.—Chapter 14.»
Penait for Section 9. If any person commit fornication, upon due conviction*
fornication.^ °* eae^ of them shall forfeit and pay three dollars twelve and a half
cents for each and every such offence, to bd recovered and applied
to-the same use as other fines.
In certiorari
security for coats
and damages.)
Duty of clerk
in taking bond.
franklin government.
349
180 5.—Chapter 6.
Section 1. If any person shall wrongfully and maliciously utter, Words mads
publish and declare any words of another importing a charge of adul- ac 10na e*
tery or fornication, he, she or they shall be liable to an action at the
suit of the party injured.
FRANKLIN GOVERNMENT.
18 01.—Chapter 24.
Section 1. All administrations granted by any of the] courts of Administra-
pleas and quarter sessions, under the Franklin Government, and let- agDt^efer£,
ters of administration by any of the aforesaid courts issued, on the made valid,
estate or estates of any person who died intestate, and all proceed-
ings in virtue of such letters of administration had and done, of and
concerning any such estate, agreeably to and in conformity with the
rules and regulations of law respecting the estates of persons dying
intestate, and granting administration thereon, at that time in force
and use in the state of North Carolina, shall be held and deemed, ta-
ken and adjudged, and are hereby declared to be good and valid to all
intents and purposes.
Sec. 2. In any question or controversy that may arise of or con- No exception
cerning the granting administration by any of the courts of pleas allowed to juris-
and quarter sessions in the first section of this act mentioned, and is-
suing letters of administration thereon issued, no plea or exception to juration.a m °
the jurisdiction of the court granting such administration, shall be ad-
mitted or allowed in any court of law and equity in this state.
18 0 3.—Chapter 25.
Section 1. All marriages solemnized under the authority of what Marnageg m,de
was called the state of Franklin, are hereby confirmed, and all the valid and chii-
children heretofore born in pursuance of any marriage contracted or dren 'legitimate,
solemnized as aforesaid, are hereby made legitimate, if heretofore
they have not been; and the said children and widows shall take by
descent any real or personal estate of their parents, and widows of
their husbands, consistently with the laws now in force, regulating
the descent of real estates, making provision for widows, directing
the mode of descents and for the distributing of the personal property
of intestates.
350
frauds.
1815.—chapter 1.
Deeds &c Section 1. All grants, deeds, mesne conveyances, mortgageSjbilla
made valid!' ° of sale, and other instruments of writing, which were proven or ac-
knowledged in any court and admitted of record and registration, un-
der the Franklin Government, shall be as good and valid as if the
same had been proven or acknowledged in court and registered un-
der the laws of North Carolina, or this state, and shall be admitted as
evidence in any court of record within this state.
Sec. 2. If any clerk or register shall have any of the records of
preserved! l° be sa^ courts or register's books by them kept in their possession, they
shall return them to the clerks and registers now in office, for the
counties in which each of them have acted, and shall there remain
as a record of said office.
Sec. 3. Any person or persons having any grants, deeds, mesne
registering11 cer- conveyances, mortgages, bills of sale or any other instruments of
tain, deeds etc. writing which appear to have been regularly recorded and regis-
tered under the laws of the aforesaid state of Franklin, and such re-
cords are lost, and it appears that the regular probate is entered on
the back of said instrument of writing, by the proper officer, that such
probate so entered shall be sufficient evidence to have them recorded
and registered in the same manner and form that instruments of wri-
ting are required to be recorded and registered by the laws of this
state.
FRAUDS.
1715, Ch. 31, { 7. (All laws of England made for preventing
frauds are in force. See Laws and Statutes.)
18 01.—Chapter 25.
What contracts Section 1. No action shall be brought whereby to charge any ex-
must be in writ- ecutor or administrator upon any special promise, to answer any debt
or damages out of his own estate, or whereby to charge the defen-
dant upon any special promise to answer for the debt, default or mis-
carriage of another person, or to charge any person upon any agree-
ment made upon consideration of marriage, or upon any contract for
the sale of lands, tenements, or hereditaments, or -the making any
lease thereof for a longer term than one year, or upon an agreement
which is not to be performed within the space of one year from the
making thereof, unless the promise or agreement upon which such
action shall be brought, or some memorandum or note thereof shall
be in writing, and signed by the party to be charged therewith, or
some other person by him thereunto lawfully authorized, (a)
(a) Where A owed B a sum ofraoney, and to discharge it, agreed to pay C, what B owed C, and the account
due from B to C was charged to A, and he got a credit with B for the amount;—in an action by C against A,
the promise was held to be within the statute of frauds. Cooke, 401.
2. If A, on the sale of land gives his title bond to B, and B assign it to D, who sells it back to A, and A sells
to e, such bond having been delivered for a valuable consideration to e, will be a sufficient writing underthe
frauds.
351
Sec. 2. Every gift, grant, conveyance of lands, tenements, heredi- contracts and
taments, goods or chattels, or of any rent, common or profit out of the conveyances to
same by writing or otherwise, and every bond, suit, judgment or exe- ^ftrorgf
cution, had or made and contrived of malice, fraud, covin, collusion fraudulent and
or guile, to the intent or purpose to delay, hinder or defraud creditors void,
of their just and lawful actions, suits, debts, accounts, damages, pen-
alties or forfeitures, or to defraud or deceive those who shall purchase
the same lands, tenements or hereditaments, or any rent, profit or
commodity out of them, shall be henceforth deemed and taken only
as against the person or persons, his, her or their heirs, successors,
executors, administrators, or assigns, and every of them whose debts,
suits, demands, estates, interests, by such guileful and covinous de-
vices and practices as aforesaid, shall or might be in any wise dis-
turbed, hindered, delayed or defrauded, to be clearly and utterly void,
any pretence, color, feigned consideration, expressing of use, or any
other matter or thing to the contrary notwithstanding. And more- Conveyances
over if a conveyance be of goods or chattels, and be not on conside- on consideration
ration deemed valuable in law, it shall be taken to be fraudulent u°bie toiawfrau-
within this act, unless the same be by will duly proved and recorded, duient, unless
or by deed in writing acknowledged or proved; if the same deed in- du,y Proven and
elude lands also, in such manner as conveyances of land are by law recorded-
directed to be acknowledged or proved, or if it be of goods and chat-
tels only,then acknowledged or proved by one or more witness or wit-
nesses in any court of record and registered in the register's office of
the county where the said goods and chattels or the most valuable
part of them are, or unless possession shall really and bona fide re-
main with the donee; and in like manner when any loan of goods Goods loaned
and phattels shall be pretended to have been made to any person with r'mainl.ng i!l
, 1 • • • 1 1 • • u 11 the possession of
whom, or those claiming possession under him, possession shall have the borrower for
remained for the space of five years, without demand made and pur- five years with-
sued by due process at law, on the part of the pretended lender; or the lender "d'em-
where any reservation or limitation shall be pretended to have been ed fraudulent
statute to enable the heirs of E, to have the title decreed against a purchaser from A, with notice. Peck, 443.
3- a court of equity has no power to relieve against the provisions of a statute in any case; and parol
proof is inadmissible to establish a contract required by the statute to be in writing; nor will parol proof of
part performance, from which the contract may be inferred, be received. Mart; S( Yerg. 333.
4. To make a contract for the sale ofland valid, it must be in writing and signed by the party to be charged
therewith. Same.
5. Where A agreed to sell and convey land to B, and executed a title bond, and B afterwards verbally con-
tracts to sell to C, before he has obtained a deed from A, the latter contract is within the statute of frauds and
must be in writing. 3 Yerg. 18.
6. When a promise to pay the debt of another is in writing, the statute does not require that the considera-
tion of such promise should be in writing. 3 Yerg. 330.
7. A contract between husband and wife, after she had vested her real estate in her husband, that he should
in consideration thereof, so provide by will or otherwise, that at his death the property should be vested in the
wife's brothers and sisters, is void, unless in writing. 3 Yerg. 548.
8. An agreement, in parol, to convey vacant and unappropriated land, the title to \yhich is in the govern-
ment, is a void contract. 4 Yerg. 1.
9. A parol promise to pay the debt of another, upon the consideration that time should be given to the debt-
or to pay it, is a promise to pay the debt of another within the statute, and should be in writing. 4 Yerg.
563-
10. Where A and B are in a store together, and A told the merchant he would settle or pay for any article
B might take up, and B thereupon purchased several articles, which were jointly charged to A and, B, It was
held that A was not liable, unless it was in writing. 4 Yerg. 576.
11. A sale of real estate by a sheriff is not within the provisions of the statute; and the return of the sheriff
upon the execution is a sufficient memorandum to bind the parties. 5 Yerg. 63.
12. Where the sheriff levied on property of the defendant in the hands of a third person and such third per-
son agreed that if the sheriff would release the property, he would pay the debt; held that the promise was
not within the statute and was binding. 6 Yerg. 508.
13. A promise is binding when a benefit results to both or to him who makes it, or works an injury by
non-compliance to him to whom it is made. Same,
i) RAUBS.
made «f a use of property by way of condition, reversion, remainder
or otherwise in goods or chattels, the possession whereof shall have
remained in another as aforesaid, the same shall be taken as to the
creditors and purchasers of the person aforesaid so remaining iu
possession, to be fraudulent within this act, and that the absolute pro-
perty is with the possession, unless such loan, reservation or limita-
tion of use or property were declared by will or by deeds, in writing,
proved and recorded as aforesaid. (6)
(6) If a vendor knows of a defect in a horse, which he fails to disclose to the vendee, he is liable, although
he uses no art to disguise it. Cooke, 402.
2. Concealment of facts is a fraud, and will be relieved against in equity. But if a man acts upon his own
judgment, and is mistaken, this is no ground for coining into equity, Cooke, 415.
3. The part performance that will take a contract out of the statute, should be such acts as placed the
party performing the acts, in such a situation that he could not well be compensated for the injury he would
sustain by a non-performance. 2Tenn. 192.
4. If any advantage be taken of a man when he is drunk, or if he be brought into that situation by the
contrivanceor management of the person who obtains the contract, it'is fraudulent, and will be set aside.
2 Hayw. 79.
5. The idea accompanying distemper or unsoundness in ahorse, amounting to fraud, is such an affection,
as if it does not take life, at least diminishes the value, presupposes a disease of some standing, and a know-
ledge by the vendor of these circumstances. Evidence that the horse was sick from having eaten too much
corn, and his having died soon after, is not evidence of a distemper or unsoundness. 3 Hayw. 109.
6. If in. the formation of a contract, fraud intervene, aid mix in it, and the purchaser relying uponquali-
ties as attached to the thing purchased, because stated by the vendor, which do not really exist, a court of
equity on application of the vendee, will rescind the contract. 3 Hayw. 141.
7. A judgment to defraud creditors, though void as to them, is irrevocable by the parties to it, and their re-
presentatives. 3 Hayw. 252.
8. A voluntary conveyanceof personal property by a husband to a trustee for the benefit of his wife and
children, is not void, as to subsequent purchasers for value, if the conveyance is proved and registered accord-
ingtolaw. 1 Yerg. 13.
9. False and fraudulent representations, as to the quality or title of property, which forms the consideration
of a bond, will not avoid it at law; the party injured must resort to a court of equity. 1 Yerg- 33.
10. Where A, fraudulently represented his horse to be sound when he was unsound, and thereby induced
B to purchase him, for which B gave his note: Held that before payment ofthe note, B waB entitled to re-
lief in equity against A, or his assignee, with notice. 1 Yerg 450.
11. In Such case, if B upon discovering the fraud did not offer to return the horse, an issue will be directed
to ascertain the damages sustained by him; and the defendant will be perpetually enjoined from proceeding
against B for the amount of damages assessed. Same.
12. Where property is purchased and both parties know the same to be unsound or defective, the pur.
chaser will not be entitled to relief, either in law or equity. 2 Yerg. 138.
13. Fraud or misrepresentation of any material circumstance upon the part ofthe vendor, in relation to the
land sold, will authorize a rescission ofthe contract. 3 Yerg. 178-
14. If the party selling a slave do not know that the slave is laboring under any other disease than such as
he discloses, he is not guilty of a fraud. 4 Yerg. 98.
15. If another person interfere and aid in the commission of a fraud in the sale of an unsound horse, he
will be liable, no matter whether he acted as principal or agent. 5 Yerg. 265.
16. A sold land to B, and it was agreed that it should be valued by four men, two to be chosen by each; one
of the valuers selected by B was a secret partner of B in the purchase, which fact was unknown to A. Held
that this was a fraud upon A, which a court of equity would relieve. 6 Yerg. 69.
17. Fraud may be apparent from the intrinsic nature and subject ofthe bargain itself, such as no man in his
senses, and not under delusion would on the one band make, and such as no honest and fair man would make,
6 Yerg. 75.
18. Where a vendor of land does not disclose the fact that a previous incumbrance exists, it is a fraud which
equity willrelieve, although the incumbrance is registered. 6 Yerg. 108.
19. Upon a sale of goods by deed absolute on its face, if possession do not follow and accompany the deed,
it is prima facie evidence offraud, and not fraudulent of itself. 3 Yerg.475—502. 4 Yerg. 184.
20. If one creditor: secure his debt upon the property of the debtor, and at the same time cover all his pro-
perty from other creditors, with the intent to let the debtor use and consume it, reserving that part oftlw pro.
perty, agreed upon to be applied to the mortgagee's debt, the deed would be fraudulent and void. 3 Yerg,5U2.
21. In such case an agreement in the deed, that the debtor should remain in possession of the property, un-
til sold, is no evidence of fairness: but if the property must necessarily be consumed in its use, it is a badge of
fraud. Same.
22. A deed void for fraud against existing creditors, is also void against subsequent creditors. 4 Yerg. 164.
23. A deed of trust executed bona fide, and for a just debt cannot be avoided by the creditors of the grantor,
because the possession of the property was permitted to remain with the grantor, both before and after the
time stipulated for the payment ofthe debt. 4 Yerg. 541.
24. If the deed be fraudulent as to one article, it is void as'to all. Same.
25. When property of a perishable nature (and the use of which consists in its consumption) is permitted
to remain with the vendor, it will render the deed void as to creditors. Same,
26- A sale by A of his life estate in slaves, with a condition that his children to whom the remainder was
limited, might re-purchase them by a given period,isnot fraudulent as to A's creditors. 6 Yerg.96
against creditors
and purchasers,
unless by will or
deed proven and
recorded.
fraudulent devices.—free persons op color.
353
Sec. 3. This act shall not extend to any estate or interest in any Not to extend
lands goods or chattels, or any rents, common or profit out of the to b°n& fide con-
same, which shall be upon good consideration, and bonafide lawfully consideration!0*1
conveyed or assured to any person or persons, bodies politic or cor-
porate, or to any person lending his own property to any person or
persons without an intention of fraud, (c)
FRAUDULENT DEVISES.
178 7.—Chapter 39.
Section 2. All devises of lands, tenements and hereditaments, or Devises void
of any rent, profit, term or charge out of the same, shall be deemed against creditors
and taken only as against such creditor or creditors, his, her or their
heirs, successors, executors, administrators and assigns, and every
of them as null and void} and every such creditor shall and may have creditors ma
and maintain his, her, or their action or actions against such devisee have action ag'st
or devisees, in all cases and in like manner as such action or actions devisees,
might or could be brought or maintained against the heir or heirs
at law of such deceased debtor, jointly with the heir or heirs at law,
or severally by virtue of this act.(a)
$ 3. (If an heir or devisee alien land descended before action
brought, to be liable for the value; and creditors to be preferred as
in actions against executors. See Heirs.)
$ 4. (If such heir or devisee be a minor, process to be served
on guardian. See Heirs.)
FREE PERSONS OF COLOR.
17 8 7.—Chapter 6.
Section 2. If any free negro or mulatto shall entertain any slave penalty for
in his or her house during the sabbath, or in the night between sun- ent'rtain'g slave
set and sunrise, he or she shall, for entertaining such slave, be sub- on the sabbath or
ject to a fine ol two dollars and fifty cents for the first offence, and so^st'offelie-
five dollars for every subsequent offence, to be recovered on convic- $5.002doff'nce'.
tion before any one justice of the peace, and applied to the use of the
poor of the county in which the offence shall be committed, saving to
(c) The sumoften dollars being stated as the consideration for land of considerable value, is merely color-
able, and the payment ofthat sum would not make a bona fide purchase. 5 Yerg. 249.
(a) Fraud will render any conveyance void as to creditors, if intended at the time of conveyance to children
to defraud creditors, the conveyance as within the law. 3 Hayw. 1 to 13.
2. The transfer of title to land by a father to his daughter, who is nearly marriageable, he being at the time
solvent, but afterwards becoming insolvent, is not fraudulent as against a creditor whose debt is contracted sub-
sequently. 5 Hayw- 127.
46
354
FREE PERSONS OF COLOR.
the party the right of appealing. And in case the said free negro or
mulatto shall not be able to pay the fine aforesaid, the constable who
shall have attended at such conviction, shall hire out said free negro
or mulatto to the person who shall take him or her for the shortest
space of time in payment of the said fine with costs, the said consta-
ble having previously advertised at least ten days at the door of the
court house and other public places of said county, that such free ne-
gro or mulatto would be hired out for the purpose aforesaid; and the
person who shall hire such free negro or malatto, shall be bound to
pay at the time and place of such hiring the amount of the fine with
costs as aforesaid.
$25 penalty Sec, 3. In case any free negro or mulatto shall intermarry or co-
for intermarry^ habit with any slave, without the consent of his or her master had in
Irat^asTerscon" writing, and attested by two justices of the peace, such free negro or
Bent. mulatto shall be liable and held to pay to the master or mistress of
such slave the sum of twenty-five dollars; and on failing to pay such
sum, shall be held to service to the master or mistress of such slave
for and during the term of one year.
180 6.—Chapter 32.
Section 1. Every free negro or mulatto who resides in«*y county in
this state, shall be registered and numbered in a book to be kept for
that purpose, by the clerk of the court for said county, which register
shall specify the age, name, color, and statute of such frpe negro or
mulatto, together with any apparent mark or scar, on his or her head,
face or hands, and in what court, or by what authority he or she was
emancipated, or that such negro or mulatto was born free; a copy of
such register, certified by the clerk, and attested by a justice of the
peace of the county wherein such register shall be made, shall be
delivered to the said negro or mulatto, on application, for which copy
the clerk may demand and receive twenty-five cents.
Sec. 4. If any white person, free negro or mulatto, shall at any
time be found in company with slaves at any unlawful meeting, or
shall harbor or entertain any slave without the consent of his or her
owner, such person being thereof convicted, shall forfeit and pay a
sum not exceeding twenty dollars, nor less than ten dollars for every
such offence, to be applied to the use of the poor in the county where
such conviction shall take place.
18 0 7.—Chapter 100.
Section 1. If any free negro or mulatto shall be found traveling
out of the county where he or she may reside, without any lawful
business, or be found loitering about without any occupation, without
a copy of the register of his or her freedom, as required in the first
section of the act of 1806, chap. 32, it shall and may be lawful for any
justice of the peace, on complaint made to him, or from his own
knowledge of said fact, to require security of said negro or mulatto,
for his or her good behavior, until said register can be obtained; and
in case of his or her failing to give such security, to commit said ne-
gro or mulatto, who shall be imprisoned for the term of ten days, and
until his or her jail fees are paid, unless he, she or they shall give
Free negroes
to be registered.
Penalty for
being in comp'ny
with sl'veB at un-
lawful meeting.
Free negro
traveling with-
out certificate to
be taken up.
gaming.
355
such security and pay such fees before that time, or produce said cer-
tificate of freedom before that time.
182 5.—Chapter 79.
Section 3. All free persons of color emigrating to this state, shall
and are allowed the liberty of having their papers of freedom regis-
tered in any court of record in this state; Provided, That nothing in
this act shall be construed so as to operate against the claimant or
owner of such person of color as aforesaid.
182 6.—chapter 22.
Section 6. If any person or persons shall bring into this state,
any free person of color who shall have been convicted of any crime or
misdemeanor in any state or territory of the United States, and for such
crime or misdemeanor shall have been sold for a longer or shorter
time, and sell or offer to sell, such free person or persons of color as
aforesaid, knowing them to be free and to have been sold as afore-
said, every such person or persons, shall forfeit and pay the sum of
five hundred dollars for each and every free person so sold or offered
to be sold as aforesaid, to be recovered by action of debt before any
circuit court of this state, one half for the use of the state, and the
other for the person who may bring such suit; and moreover, shall, on
conviction by presentment or indictment in the circuit court, be im-
prisoned at the discretion of such court, not exceeding six months.
182 9.—Chapter 23.
Section 21. Any person guilty of stealing any free person of co- Penalty for
lor, or selling any free person for a slave, knowing the person sold fc!fe °perron
to be free, shall undergo confinement in the jail and penitentiary of color for si've.
house, for a period not less than five, nor more than fifteen years.
1831, Ch. 102, § 1. (Punishment on free negroes coming into the
state. See Felonies.)
1833, Ch. 64,} 1 & 2. (Ten dollars appropriated for each free
negro transported by Colonization Society. See Colonization.)
1835, Ch. 57,} 1. (Penalty for keeping tippling house, fine not less
than $50. See Misdemeanors.)
GAMING.
17 9 9.—Chapter 8.
Section 1. Every promise, argument, bill, bond, or other con- Gaming Mn.
tract, to pay,deliver, or secure money or other thing, won or obtain- tr'cts made void.
Free negroes
may have their
papers registered
Penalty for
selling free per.
sons of color.
356
gaming.
ed by playing at cards, dice, billiards, horse racing, or any other spe-
cies of gaming whatsoever, or by wagering or betting on either of
the parties, who shall play at such games, or run such races, or to
repay or secure money or other thing lent or advanced for that pur-
pose, or lent or advanced at the time of such gaming, playing, bet-
ting, laying or adventuring, shall be void, and every conveyance or
lease of land, tenements and hereditaments, sold, demised, or mortga-
ged; and every sale, mortgage, or other transfer of slaves, or other
personal estate, to any person, or for his use, to satisfy or secure
money so won, lent or advanced, on due proof thereof made before
any jurisdiction having cognizance thereof, shall be, and the same is
hereby declared void.
Sec. 2. If any person or persons shall encourage or promote any
Justice may fine match or matches, or shall play at any match or matches, at cards,
$5 for gaming.j dice, billiards, or any other game ef hazard or address, for money or
other valuable thing, every such person so offending, shall upon
conviction thereof, before any justice of the peace of the county
wherein such offence shall have been committed, forfeit and pay the
sum of five dollars for every such offence.
Sec. 3. If any tavern keeper, public-house keeper, keeper of a
^Vencouragtag tippling house, or other retailer of wine, spirituous or other strong
gaming or fur- drink, or shall incite, promote or encourage any game ofaddress,haz-
finednfl()liqUOr art^ horse-racing, or any other gaming whatsoever, whereat any
ne * ' money or other valuable thing, shall be betted, staked, striven for,
won or lost, or shall knowingly furnish any wine, spirituous or other
strong drink, to any of the persons who shall be attending upon any
game of address, hazard, horse-racing, or any other gaming whatso-
ever, who shall be legally thereof convicted, before any justice of the
peace as aforesaid, shall forfeit and pay for every such offence, the
sum of ten dollars; and if such convict be a licensed public-house
keeper, or retailer of wine, spirituous or other strong drink, the li-
License made cense of such person shall be thereupon null and void, and such of-
null and void. fen(jer shall be incapable of being again licensed, in like manner for
one year thereafter: Provided, That when any such licensed public-
house keeper or retailer as aforesaid, who shall be convicted as afore-
Appeal allowed. Said, before any one justice or justices, shall think him or herself
aggrieved by such conviction, it shall and may be lawful for such
licensed public-house keeper or retailer, to appeal to the next circuit
court of the county wherein such offence was committed, (and not
after) which said court shall proceed thereupon, as in all other ap-
peals from justices of the peace.
Sec. 4. If any person or persons shall lose any money or other
valuable thing, at or upon any game of address or hazard, or on
twngwon'fr p'id horse-racing, or any other game or play whatever, and shall pay or
may be recover- deliver the same, or any part thereof, the person or persons so losing
ed back, if suit an(j paying, or delivering the same, shall have a right writhin ninety
daya°USht" days then next, or thereafter, to sue for and recover the money or
goods so lost and paid, or delivered, or any part thereof, from the
respective winner or winners thereof, with costs of suit, by action
of debt or case, for the value of the money or thing so lost, founded on
this act, to be prosecuted in any court of record having cognizance
thereof, or before a justice of the peace, if the sum so won is under
twenty dollars, subject, nevertheless, to an appeal as in all other
cases; and in which action it shall be sufficient for the plaintiff or
gaming.
357
plaintiffs to allege, that the defendant or defendants, is or are indebted
to him, her or them, or hath or have received to his, her or their use,
the money so lost and paid, or converted the goods so won of him,
her or them, to the use of the defendant or defendants, whereby the
action of the plaintiff or plaintiffs accrued to him, her or them, ac-
cording to the form of this act.(a)
Sec. 5. Any person instituting a suit before any justice of the $100 penalty
peace, or in any court of record in this state, for the recovery of for sulng f0*
r J , . j. c • money, won or
money won, lent or advanced, at any species of gaming whatsoever, ient on gaming.
on due proof being made thereof, shall forfeit and pay the sum of one
hundred dollars, recoverable in any court having cognizance thereof,
one half to him who will sue for the same, the other half to the county
where in such case shall originate.
1801.—Chapter 38.
Section 1. No money or any kind of property whatever, won by
any species or mode of gaming, shall be recoverable by law. verabie.n° rCC°"
Sec. 2. The law of 1799, chap. 8, imposing fines, so far as respects Horse racing
billiard tables and horse racing be, and the same is hereby repealed. $ billiard tableSi
18 03.—chapter 12.
Section 1. All fines and forfeitures that may arise by virtue of u^es^orf®it"
the act of 1799, chap. 8, shall be applied, one half to the use of any pHed. °W &P
person who will sue for the same, the other half to the use of the
county wherein such offence shall be committed, to be recovered by
action of debt before any tribunal having cognizance thereof.
Sec. 2. Any person who shall play within the meaning of the act
of 1799, ch. 8, shall be further liable to be indicted or presented (6) indictable.°
by the grand jury of the county in which such offence shall or may
be committed; and it shall be the duty of all or any of the citizens of
the different counties in this state, at the next court after such offen-
ces may have been committed, to forthwith make information to the
grand jury; and it shall be the duty of the grand jury to make the
presentment: and the person against whom such presentment shall
be made, shall be liable to answer thereto, notwithstanding any infor-
mality in any of the said presentments or indictments, and on convic-
tion shall be liable to be fined in a sum not less than five, nor more
than fifty dollars.
(а) A person who has lost and delivered property on a horse race, may recover it back, If he sues for the
same within 90 days from the time he lost it; or if within that period, he peaceably gain possession of it, he
may lawfully retain it, to the exclusion of the winner. Mart. 4* Yerg. 262.
2. This section does not apply to a conveyance of land made upon a gaming consideration. 2 Yerg. 524.
3. This section bars all suits brought to recover money or property lost at gaming, unless the suit is
brought within 90 days from the payment or delivery of the money or property. This act has no applica-
tion, and does not bar an action brought against a stake-holder, who was notified not to pay or deliver the
money staked to the other party. 6 Yerg. 288.
(б) All persons aiding, assisting and encouraging the playing at cards for money, or other valuable thing,
though they do not bet, are guilty of gaming as principals, and are indictable. 3 Yerg. 134.
358
gaming.
1811.—Chapter 112.
Judges £ other Section 1. It shall be the duty of all the judges of this state, and
officers to arrest of every justice of the peace, sheriff or constable therein, to appre-
inlePamin8hde- hend an<* bring before them or either of them, any idle or disorderly
vices!"1111118 persons, who may be found lurking in the state, or in any town, or
captain's company thereof, having, or on proof of having had in their
possession any gambling table, or any device whatever, for the en-
ticement of any person to play or gamble at, and on conviction before
any court of record having cognizance thereof, it shall and hereby is
directed to be the duty of such judge or justice of the peace, forth-
with to commit to the common jail of such county, wherein snch per-
son or persons may be found, and it shall be the duty of such judge or
justice forthwith, to direct the sheriff of any such county, or any con-
stable, to sell as servants, all such persons for the term of three
months, the said officer giving three days notice of the time and place
of sale.
Sec. 2. If said judge or justice, or any constable or sheriff, can by
to^betmrnt!"^8 any means get the gambling table into their possession, it shall be
the duty of such judge or justice to direct the said sheriffs or consta-
bles to burn or destroy the same, and shall be authorized to summon
a posse comitatus to assist in the execution of this act, and have
authority also to break open or tear down any house to get posses-
sion of said gambling tables or devices.
1817.—chapter 61.
Penalty ag'st Section 1. If any judge of any of the courts in this state, or any
officers for gam- justice of the peace, or any solicitor-general, or practicing attorney
ing" in this state, or any sheriff, coroner, constable, clerk of any court, or
any other civil or militia officer, shall be guilty of the immoral and
pernicious practice of gaming, or shall bet at any game of cards,
dice, billiards, or any other game of hazard, or shall cause or procure
any other person to do so for him, such offence shall be considered as
Misdemeanor, a misdemeanor in office; and if such person so offending, shall be a
judge or justice of the peace, the same shall be sufficient cause of im-
impeached^and peachment; an(* if he shall be found guilty, he shall thereupon be
disqualified. removed from office, and be incapable of holding any office in this
state, or of practicing as an. attorney for the term of five years ;(c)
and if such person so offending shall be a solicitor, a sheriff, constable,
derk or consta- or clerk of any court of record, such person shall, on conviction before
bie, disqualified the judge of any of the circuit courts, be subject to a fine of not less than
for5years. fifty dollars; and shall thereupon be disqualified from holding his
said office for the term of five years.
Sec. 2. It is hereby declared to be the duty of all the judges in
Justices and this state, and justices of the peace, within the respective counties,
force this acten *° see t^la^ t'ie provisions °f this law are carried into effect, and they
or ' are hereby required, upon their own view, or upon information from
any civil officer, or any other person, to issue warrants, and upon
(c) This act imposing disqualification is constitutional, and it is error of the court upon conviction for
gaming, does not enter up the disqualification. 2 Yerg. 272.
gaming.
3S9
examination, to commit or bind over all offenders against the laws in
force to suppress gaming; and all offenders against the laws to sup-
press gaming, are hereby declared to be cognizable in the circuit
courts.
Sec. 4. In preferring indictments for the offences pointed out in
this act, it shall not be necessary that a prosecutor shall be marked
on the same.
Sec. 6. If any judge of the United States' court, residing within y gi Judge
the limits of this state, shall be guilty of any of the offences aforesaid, fined $50.
he shall be indicted in any of the circuit courts of this state, and upon
conviction, shall be fined in a sum not less than fifty dollars.
Sec. 7. Nothing herein contained shall be so construed as to pre- matche®.hootlIlg
vent shooting-matches.
182 0.—Chapter 5.
Section 1. Nothing in the act of 1817, chap. 61, shall in anywise Turf-racing not
extend, or be construed to extend to turf racing, and the same is here* indictable,
by declared not to be indictable.
1823, Ch. 25. (Betting on elections indictable. See Misdemea-
nors.)
18 2 4.—Chapter 5.
Section 1. Where any person, without his own contrivance or
procurement, shall be sent as a witness to give evidence to any grand. form]^itnea8a8 ^
jury, either at their request, or on motiou of the attorney-general, gamto/, to be
and shall accordingly give evidence against any person or persons, ex'mpt fr'm pro-
for unlawful gaming at cards, dice, billiards, or any other game of secutl0n-
hazard or address, for money or other valuable thing, it shall not be
lawful for the person or persons against whom such evidence shall
have been given, to be thereafter summoned or used as a witness,
before any grand jury, or petit jury, in order to give evidence
against any such witness, for any gaming committed by him previous
to the time of his being used as a witness as aforesaid; nor shall any
such witness be liable or bound to answer to any criminal proceed-
ings, for any offence about which he may have been examined as a
witness, by virtue of this act.
Sec. 2. It shall be the duty of the judges of the circuit courts in Judges to give
this state, at each and every term of such courts, to give this act in this actinch'rg'.
charge to the grand juries of said courts; and it shall be the duty of
all grand juries, to make diligent inquiry concerning all offences of Grand Jury to
unlawful gaming; and when they shall have a well grounded belief, quiryf'lend'for
that such offence or such offences, has or have been committed by witnesses, ^-c.
any person or persons within their counties, they shall have full
power, and it is moreover hereby made their duty, to apply for a sub-
poena or subpoenas, for any person or persons, as a witness or wit-
nesses, whom they may believe to have any knowledge of such of-
fence or offences; and such witness or witnesses, when he or they
shall regularly appear before the grand jury, shall give evidence of
such offence or offences as may be known by him or them, against
any of the statutes of this state, to suppress and prevent gaming.
360
GAMIN Gt
Attorney-gene* Sec. 3. Whenever any judgment for any fine or costs shall be
rai'a fee. rendered in any court, against any defendant, upon any prosecution
under any of the statutes, which may be in force, to discourage and
suppress gaming, ten dollars shall be taxed to the bill of costs, as a fee
for the attorney-general, where the same shall be prosecuted to a
state or county conviction; but in no case shall the county or state be liable for said
not liable. feeSj but shall only be collected of the delinquent defendant.
Sec. 4. (Prosecution to be commenced in six months. See Limi-
tation.)
Sec. 5. In every case which may arise under any of the laws of
Laws against this state, made for the prevention, discouraging and suppressing of
media? l° be " ^le court shall interpret the said laws as remedial, and not
as penal statutes, and no presentment or indictment shall be quashed
for want of form; and in all such cases, it shall be sufficient to charge
the general name of the game at which the defendant or defendants
may have played, without setting forth and describing with or against
whom they may have bet or played; nor shall a prosecutor be re-
quired upon any indictment for any of the offences described in any
statute to discourage or suppress gaming.
1 8 2 9.—Chapter 21.
Disqualification Section 1. That part of the act of 1817, ch. 61, which imposes a
of officers. disability or disqualification for officers, with the exception of judge,
justice of the peace, attorney-general, clerks, sheriffs and consta-
bles, be and the same is hereby repealed.
Sec. 2. The second section of the act of 1824, ch. 5, shall be so
2d sec. of act construed> that the grand jury shall confine their examination of wit-
of 1824, c'nstr'd nesses summoned before them, to the time and place, or either, and
and restricted, the witnesses shall not be bound to give testimony against any per-
son, unless the gaming be at the time or place specified in the in-
quiry of the grand jury.
18 2 9.—Chapter 63.
Section 1. All citizens of this state who are disqualified from
med restored^ holding office in consequence of conviction under any of the laws of
this state to prevent gaming, are hereby restored to all the rights and
privileges which they respectively enjoyed previous to their several
convictions.
1 8 3 3.—Chapter 10.
Section 1. All horse racing, without regard to the distance which
Definition of may be run, where the same is run upon a track or path made or
turf racing. kept for the purpose of horse racing, shall be deemed turf racing
within the meaning of the acts of Assembly of this state.
Sec. 2. All and every person betting or running, aiding and abet-
Horse-racing *n running any horse race in or along any public road in this
on public road state, shall be liable to be indicted under the same rules and provi-
indictable. si0ns as are now in force and use in this state, against unlawful gam-
ing.
gaming*
361
18 3 3.—Chapter 68.
Section 1. It shall be the duty of all magistrates, when they shall Justfces to issue
know or be informed that any persons are engaged, or are suspected warr'nt to arr'st
, , ,, •!_ p'rs'ns suspect'd
to be engaged at any common gaming house, or other common gam- 0f gaming,
ing place, at unlawful gaming, to issue or cause to be issued, a war-
rant to arrest all persons found at the said common gaming house, or
other common gaming place; and any officers into whose hands such
precept may be placed for execution, shall be empowered and re-
quired to summon a guard to arrest any person or persons found at
such place or places; and to effect such arrest and prevent escape, break doorsT*3'
the said officer or officers are hereby authorized to break doors, or to
destroy any other obstruction that may hinder or prevent any such
arrest; and upon examination, if it shall be found that any person or
persons found at such place or places, shall have been engaged in un-
lawful gaming, they shall be bound over with good security, to ap-
pear at the next circuit court, for said county, to answer the
premises.
Sec. 3. All civil officers who shall arrest any person for dealing at Reward of the
faro, when such faro dealer shall be convicted, shall be entitled to officer who ar*
fifty dollars, to be taxed in the bill of costs. rests*
Sec. 6. Where any indictment shall be hereafter found for any Running of
felonious gaming, after two capiases have been' returned, that the 2 capiases, cause
defendant is not to be found, it shall be lawful for the court to strike docket? but
the cause from the docket at the costs of the state, but the said cause continue in c'rt.
shall be considered as continuing in court; and if any such defen-
dant shall thereafter come into this state, a capias shall run against
him, and such proceedings shall be had thereupon, as if said cause gtat, 0f um.
had never been stricken from the docket; and the statute of limita- not to run.
tions of six months shall not apply to any such case, nor to any
other case of gaming, where the delay has been occasioned by a mis-
nomer of the defendant in proceedings had against him.
Sec. 7. In all cases hereafter where any person or persons shall Betting at faro,
be convicted of betting at faro, the person or persons so convicted, how punished,
shall be confined in the said jail of the county, not less than three,
nor more than ten days, in addition to the punishment now prescribed
by law.
Sec. 8. It is hereby declared to be the duty of all civil officers to Duty of ail
give information to the attorney general, of any gaming contrary to civil officers, to
the prohibitions of law, which may be within their knowledge; whose ofVaii"faming1<>n
duty it shall be, upon such information, to send a bill of indictment to " 8
the grand jury ex officio, and the court shall, upon the application of
the attorney-general, order a subpoena for said informant to compel
his attendance before the grand jury; and any civil officer, who shall
fail to give the information directed by this act, shall be deemed
guilty of a misdemeanor in office, and punished accordingly.
362
garnishee.
GARNISHEE.
1794, Ch. 1. § 22. (When an attachment shall be served in the hands
of any person supposed to have any of the effects of the party ab-
sconding, such person shall be summoned as a garnishee—See At-
18 03.—Chapter 6.
Section 3. When a judgment has been rendered in any of the courts
jf defendant of record of this state, and execution issued thereon, and put into the
be removed, offi. hands of the sheriff or other officer for collection, if the person
garn^hee!Um 0n against whom such execution has issued, has removed himself out of
the county, and has no property in said county, or not so much as
will be sufficient to satisfy the same, it shall be the duty of the sheriff
or other officer to summon in writing, all such persons as may he in-
debted (a) to the person against whom such execution has issued, to ap-
pear at the sitting of the next court from which such execution issued,
to declare on oath what sum he or they are indebted; and judgment
shall thereupon be entered for the amount due, and execution issue
as in the case of other garnishees, for the benefit of the person who
originally obtained the judgment and execution aforesaid.
1811.—Chapter. 89.
Section 1. After a creditor or creditors recovers final judgment
. Creditor hay- against a debtor or debtors, such creditor or creditors may have it at
ing judgm't may her or their option to summon garnishees in the same manner,
Sharif therefe and under the same rules and restrictions, as in cases of absconding
no property. debtors, and such garnishee or garnishees, shall be proceeded against
in the same way, and shall be liable in the same manner as they
would be, in cases of absconding debtors; Provided, That it shall
not be lawful for the sheriff or other officer, to summon any garnishee
pursuant to the provisions of this act, if he can find property of the
debtor in his county, sufficient to satisfy the execution in his hands.
181 5.—Chapter 20.
Section 1, When any justice of the peace shall issue execution
Officer may against any property belonging to the defendant, it may be lawful for
"heeTo appear °fficer *n whose hands said process may come, to summon any
before justice, person or persons as garnishee or garnishees, in writing to appear
before said justice to answer upon oath, what he or she is indebted
(a) The Legislature only intended to call upon third persons aB garnishee, when they were bound to pay
money, not property, and the time for payment had elapsed.—2 Ten, 328.
2. The garnishee is entitled to bis discharge, if, when examined, no judgment on the matter disclosed,
can be rendered against him.—Peck, 198.
8. A clerk of the court has no power or authority to issue a garnishee summons. The summons must be
Issued by the sheriff or other officer having execution in his hands—5 Yerg. 227.
GARNISHEE.
363
to the defendant, and what effects he or she hath in his «r her hands
belonging to the defendant at the time of serving such garnishment,
and what debts or effects of the defendant there are in the hands of
any other, and what person, to his or her knowledge or belief; and it
shall be lawful upon his appearance and examination, for said justice justice to give
to enter up judgment and award execution against any such garni- judgment.
shee for all sums of money due to the defendant from him or her, and
for all effects and estate of any kind belonging to the defendant, in
his or her possession or custody for the use of the plaintiff, or so
much thereof as will be of value sufficient to satisfy the debt and
costs, and all charges incident on levying the same; and all goods
and effects whatsoever, in the hands of any garnishee or garnishees, h n*roperty
belonging to any defendant, shall be liable to satisfy the plaintiff's B^ee iiabte8from
judgment, from the day on which said garnishee is summoned, and so the day of sum*
soon as the property is declared to be the property of the defendant, mons-
it shall be delivered up to the officer serving the garnishment; and
when any garnishee is returned summoned in said manner as contem-
plated by this act, and shall fail or refuse to appear and discover upon
oath in manner aforesaid, it shall be lawful for said justice to have Conditional
said garnishee solemnly called, and if he do not appear, to enter up ^rfShee failing
conditional judgment (6) against such garnishee, and upon such to attend.
judgment a notice shall issue to such garnishee, returnable at such
times as the justice may in his discretion require, to show cause, if
any he hath, why final judgment should not be entered against them;
and upon said notice being duly returned and executed, if said gar- Garnishee fai-
nishee shall fail to appear at the time required by said notice, and ling to attend on
discover on oath in manner above prescribed, the said justice shall notice,judgment
confirm said judgment and award execution for the plaintiff's whole rme '
judgment and costs; and if upon the examination of the said garni-
shee, it shall appear to the justice there is any of the defendant's eS-
tate in the hands of any other person or persons who have not bepn
summoned, such justice shall, upon application of the plaintiff or
agent, issue a summons to garnishee such persons to come fprward other person#
and declare on oath, in the same manner as other garnishees by this maybesumen'd.
act are required to do, and shall be subject to the same rules reg-
ulations and restrictions as is prescribed by this act.
Sec. 2. When land may be levied on by virtue of this act, it shall Landievi'don
be taken to the circuit court for condemnation, and be conducted in, tobecondem'ed.
the same way as other sheriff sales of land.
Sec. 3. When any justice of the peace shall issue an attachment ma^Mueh with
against an absconding debtor, he shall issue summons for garnishees attachment,
in the same manner as is prescribed by the first section of this act,
and proceed in the same way upon all sums over which he has juyis-
diction, to award judgment and issue execution as is there ^aid
down.
(6) The garnishee who has been summoned upon garnishment, and against whom a judgment nisi was had,
upon which a sci. fa. issued, is an appearance to answer the sti.fa. in the same situation precisely in which he
was at the return of the original sci. fa. and he may make any defence upon the sei, fa. that he could have
made to the original summons.—5 Yerg. 227.
2. A garnishee on the return of a sci. fa. may discharge himself by disclosing on oath, or he may plead or
demur, a# he could have done on the original garnishee summons.—Same.
364
geology.
1 8 2 6.—Chapter 17.
Garnishees to Section 1. Where any person shall hereafter be summoned to at
be paid and have tend in any of the Courts of this State or before any Justice of the
nessesge8aSWit Peace as a garnishee, such person shall be entitled to receive the
same pay, and have the same privileges that witnesses are entitled
to have and receive, and if said garnishee, upon examination, should
be discharged, or if the party at whose instance such summon issued
should fail to examine such garnishee, then and in that case, or either
of these cases, the plaintiff in the original suit, shall pay all the costs
that may have accrued in consequence of said summons; Provided,
that in no case shall a garnishee be entitled to pay under this act if
Provtao. the Justice or Court before whom he may be examined shall be of
opinion from such examination, that such garnishee has been guilty of
any fraud or combination with the original debtor.
GEOLOGY.
1831.—Chapter 28.
Dr Troost Section 1. Dr. Gerard Troost, Professor of Mineralogy, Geology
p'int'd Geologist an^ Chemistry, in the University of Nashville, is hereby appointed
Geogolist and Mineralogist for this state.
Sec. 2. The said Gerard Troost shall proceed to make a geologi-
Duties f the Ca^ survey t^ie state, with a view as far as practicable, to develop
Geologist! ° 1 6 the mineralogical resources thereof—in doing of which, he shall, as
far as he can, examine into the mineral and metalic regions believed
to exist in the different formations found in the several sections of
this state, making the proper analysis of such substances as he may
believe to be of value; and also to examine and be prepared to report
uj>on the soil of different parts of the state, the rocks of those parts,
with such other remarks as may lead the citizens to an estimate of
comparative value and use, as well as to enable them to judge under-
standingly of its metals and minerals.
Sec. 3. The said Troost is hereby appointed Assayer of this
Assayer. state.
Sec. 4. The said Gerard Troost shall be allowed the sum of five
Compensation, hundred dollars, to Tie paid by the Treasurer in quarterly payments,
when he shall be informed that the work contemplated by this act is
in progress.
GOVERNOR.
365
GOVERNOR.
[constitution. article iii.
18 05.—Chapter 44.
Section 1. From and after the passing of this act, the governor
for the time being may, and he is hereby authorized, by proclama- fU%>pr'h'nding
tion, to offer a reward not exceeding one hundred dollars, for the ap- of offenders,
prehending of any person or persons who now have or hereafter
shall commit any flagitious offence against the laws of the state, when
he shall think the public good requires it.
Sec. 2. The said governor shall be at liberty to draw a warrant on xo draw cn
the public Treasurer for the amount of the reward so offered, the treasurer,
in favor of any person or persons who may in his opinion entitle
themselves to the same; and it shall be the duty of the Treasurer to
pay the same, which warrant shall be good in the settlement of his
accounts; Provided, That no person shall be entitled to the pr0visos
reward offered by any proclamation, until such offender or offenders
are delivered to the civil authority, and confined in jail or admitted to
bail.
1811.—Chapter 85.
Section 1. It shall and may be lawful for the governor to draw May draw for
on the Treasurer of the state, for a sum of money necessary to defray changing law"
the expenses attending an exchange of laws, with the several states
of the United States.
Sec. 2. The draft drawn by the governor as aforesaid, shall be a Voucher,
good voucher.
Sec. 3. The Governor shall, from time to time, have power to For stationery,
draw on the treasurer of the state, for such sum or sums as may be
necessary to provide stationery for the use of the governor's and
secretary's offices, and postage on public letters.
1813.—chapter 80.
Section 1. If shall and maybe lawful for the governor of this
state to draw on the treasurer, for such sums of money as may be Expense of
necessary to defray the expense of all expresses which it may be exPresses*
necessary for him to despatch, and that warrants Jjy him drawn for
the purpose aforesaid, shall be a goodjtvoucher.
36$
•UAEDfAN.
1831.—Chapter 54.
May commute Section 3. The governor of the state is hereby authorized and
punishment of empowered at his discretion, to commute the punishment of any per-
tG^pievUm^o 80n convicted for any offence previous to the 1st of January 1831,
1831. ' upon the petition of any such person, to confinement at hard labor in
the penitentiary, for the longest period to which, by the existing
penal code, he would have been subject to be confined, if the offence
had been committed subsequent to the 1st of/anuary, 1831.
GUARDIAN.
1 7 6 2.—Chapter 5.
Father may Section 2. Where any person shall have any child or children
appi'nt guardian under the age of twenty-one years, and not married, it shall and may
®f de1"dchildren' be lawful to and for the father of such child or children, whether
y ee or win. ^orn at t^e tjme of his death, or in ventre sa mere, or whether such
father be within the age of twenty-one years, or of full age, by deed
executed in his lifetime, or by his last will and testament in writing,
in such manner, and from time to time, as he shall think fit to dispose
of the custody and tuition of such child or children, for and drying
such time as he, she or they shall remain, under the age of twenty-
one years, oj for any less time to any person or persons; and any
such disposition shall be good and effectual, against all and every
person and persons claiming the custody and tuition of such child or
children, as guardian, in soccagp, or otherwise; and the person or
persons to whom such custody and tuition shall be so disposed or de-
vised, shall and may maintain an action of ravishment of ward, or
trespass against any person or persons who shall wrongfully take
away or detain any such child or children, for the recovery of such
child or children, and shall and may recover damages for the same in
the said action, with costs, for the benefit of such child or children,
(a)
Gu&rdian may Sec. 3. Every person or persons to whom such tuition shall be so
take possession disposed or devised as aforesaid, shall and may take into his or their
perty.ard'8 Pr° possession, for the use of such child or children, the profits of all
lands, tenements and hereditaments; and also the slaves, goods and
chattels, and personal estate of such child or children; and may bring
(a) The county court may remove a testamentary guardian in case of insolvency, wasting of the estate,
intended removal, mismanagement, or intended disparagement in marriage, or other sufficient cause. 4
Hayw 30.
^guardian.
367
such action or actions in relation thereunto, as by law a guardian i&
common soccage might do.
Sec. 4. Nothing hereinbefore contained shall extend to discharge apprentice not
any apprentice from his apprenticeship, and the circuit court or the discharged.^
county court of the county where such guardian shall reside, respect-
ively, upon complaint made to them of such guardian abusing the
trust reposed in him, by misusing the child or children so committed
to his tuition as aforesaid, in being about or intending to marry such Proceedings
child or cnildren in disparagement, neglecting the care of their edu- when guardians
cation suitable to their estate, or wasting, converting to his own use, abuse the trust,
or otherwise mismanaging such estate, to make and establish from
time to time, such rules and orders for placing such child or children
under the care and tuition of any other person or persons, securing
the estate, and for the better education and usage of such child or
children, as they, in their discretion, shall judge meet and neces-
sary. See Note a.)
Sec. 5. The circuit courts and county courts shall have full power
and authority, from time to time, to take cognizance of all matters couns^may'ap^
concerning orphans and their estates, and to appoint guardians in point guardians,
such cases where to them it shall appear necessary; and shall take
good security of all guardians by them to be appointed for the estate Liable if ge
of the orphans by them committed; and if any court shall commit an cufity be' insuf-
orphan's estate to the charge or guardianship of any person or per- ficient.
sons without taking good and sufficient security for the same, the
justice or justices appointing such guardian shall be liable for all loss
and damage sustained by the orphan, for want of such security being
taken; to be recovered by action, at the common law, in any court
of record to which the same is cognizable, at the Suit of the party
grieved.(b)
Sec. 6. When the securities were good at the time of their being ^®tr||Jble
taken or accepted, but afterwards become insolvent, in such case the g0»d wh'ntak'n.
justice or justices shall not be liable.
Sec. 9. When a guardian shall be appointed to an orphan by any to exhibit
circuit or county court, such guardian shall at the next court after his account on oath,
appointment, exhibit an account, upon oath, of all the estate of such
orphan, which he or she shall have received, into his or her hands or Annually to
possession; and every guardian shall annually exhibit his account, cxhlblt accoUnt-
and state of the profits and disbursements of the estate of such orphan
upon oath, and such account so to be exhibited, shall be entered
by the clerk in particular books, to be provided and kept for that
purpose only; and when the said courts shall know or be informed Power of court
that any guardian or guardians by them respectively appointed, do mismanaging1*111
waste or convert the money or estate of any orphan to his or their estate of ward,
own use, or do in any manner, mismanage the same, is about, or in-
tends to marry him or her in disparagement, or neglect to educate
or maintain any orphan accordingjo his or her degree and circum-
stances, or where any such guardian or his securities are likely to
become insolvent, such court shall have power, from time to time, to
(b) The county court ought not to appoint one whose interests are inconsistent with those of the ward, as
the executor who is to account to the ward; • 4 Bay. 30.
2. Where the county court appointed the grandfather of the ward guardian, in preference to the step*
father, who in right of his wife was administrator; held, that the appointment of the county court was cor-
rect, and could not be reversed. Same,
3. The appointment of an administrator to be guardian of the heirs is improvident, and ought not to be
encouraged. 3 Yerg, 336;
368
guardian.
make and establish such rules and orders for the better ordering,
managing, and securing such estate, and tor the better education of,
and maintaining such orphans, or to appoint another guardian, as
they shall think fit and oonvenient.(c)
Sec. 10. Every guardian, executors or administrators, as soon as
conveniently the same may be done, shall, by order of the circuit or
county court sell and dispose of all the goods and chattels of his or
her ward, as arc or may be liable to perish, consume, or be the worte
by using or keeping (except in the instances hereafter mentioned,)
for the most that can be got for the same, by public sale, having first
advertised the same at all public places within the county, at least
twenty days before the day of sale, in reasonable lots, and shall for
enhancing the price thereof, give six months' credit, upon good secu-
rity given, and such guardian, after the time of such payment is past,
shall take and pursue all lawful ways and means to receive and re-
cover the money, upon pain of being answerable for the same, and if
the same cannot be received before the orphan, entitled to receive
such money, shall have a right to demand it, such guardian shall be
removed from his guardianship, he or she shall or may assign such
bond to such orphan, and such assignment shall discharge such guar-
dian for so much against him, her or them, and where the profits of
any orphan's estate shall be more than sufficient to educate and main-
tain him or her, the guardian of such orphan shall lend the surplus,
.and all other sums of money in his hands belonging to such orphan,
upon bond, with good and sufficient securities, to be approved of by
the next succeeding court, and to be repaid with interest; which
interest such guardian shall account for annually; and when the
person or persons to whom such money shall be lent, or their
securities, are likely to become insolvent, such guardian shall use
all lawful means to enforce the payment thereof, on pain of being
liable for the same as aforesaid; and an assignment of such last men-
tioned bond in either of the aforementioned cases, shall discharge
such guardian for so much as is specified in the condition thereof.
Sec. 11. Where any orphan shall have lands, and a sufficient num-
When slaves ^er slaves to cultivate and improve the same, such slaves, unless
to be kept^on otherwise ordered by the circuit or county court, shall be employed
lands. on the land and plantations of such orphan; and all horses, cattle,
sheep, or hogs, shall be kept on such lands and plantations until such
orphan comes of age; and he or she shall have the benefit of the
increase, and shall sustain-the loss, if any shall happen.
When & how Sec. 12. If any such stock grow too numerous, or it will be to the
stock may be advantage of such orphan, his or her guardian shall and may sell,by
BOld" order of the circuit or county court, such part of such stock as such
court shall think fit; and all plate shall be preserved and delivered to
such orphan when at age, in kind, according to weight and quantity.
Lands to be Sec. 13. No guardian shall let or farm out any land belonging to
leased only until any orphan for a longer term than the orphan be of age, or in other
ward is of age. manner than by lease, in writing; and that special care be had, that
(c) Money received by an intestate as guardian, must be sued for against his r.dministrator, within tire
time prescribed by the act of 1789, ch. 23, sec. 4, (Bee Administrators, &.c.) or the same will be barred.—
3 Yerg. 1.
2. The county court have the authority to displace a guardian, where they deem it necessary to the in-
terest of the ward. 3 Yerg, 336.
3. The conversion of real into personal estate by the guardian, is an act unauthorized by law, except
through the aid of a court properly constituted, and is a sufficient cause for the removal of a guard inn. S/mr.
To sell perish-
able property.
20 daysadver-
tisement.
To collect
money.
May assign
bonds and dis-
charge himself.
To lend surplus
at interest.
guardian.
369
the tenant shall improve the plantation ; and that he or she keep the
houses, orchards, and fences thereon, or that shall be erected on the
same, in good and sufficient repair, and leave the same so at the ex- provisions of
piration of such lease; and that provision be made in such lease for the lease.
preventing all kind of waste, and employing any timber to any other
Use than the immediate use of the plantation.
Sec. 15. The justices of the county court shall, on the first day of 0rphan.a court
the court that shall be held next after the first day Of January in to be held,
every year, hold an orphan's court, for the purpose aforesaid: and
every person appointed guardian, to any orphan by any county
(court), or by deed or will as aforesaid, shall exhibit such account as
aforesaid, and the justices of every court shall, at the same court, tTo examine
examine into all accounts of guardians so to be exhibited to them, dians?tS ° gU&r
and shall direct a summons to issue, returnable to their next court,
against all guardians who shall then fail to appear and render such
account, whether such guardian be resident in the same or any other To inquire into
county, and shall then also inquire into the abuses and mismanage- abuses-
ment of guardians; and whether they or their securities are likely
to become insolvent, and thereupon to proceed according to the power
in this act before given; and if any such guardian shall wilfully
neglect, after being summoned as aforesaid, to appear, or obstinately
refuse to exhibit such account, it shall and may be lawful for the when attach-
court to issue an attachment for such contempt, and to commit such ment may issue,
guardian, until he or she shall exhibit such account.
Sec. 16. Nothing herein before contained shall be construed to county court
restrain the power of the county court in inquiring as often as they a°Us°g a\reanint0
shall think proper, into the abuses and mismanagement of guardians; time!3 *
but that it shall be lawful for them to execute such power at any time
or times, when to them it shall appear necessary.
Sec. 18. It shall and may be lawful for any guardian to charge in Ma chaf e
his account all reasonable disbursements and expenses; and if, upon reasonable dis-
rendering such account, it shall appear to the court, that such guar- bursements.
dian hath, really and bona Jide, disbursed more in one year than the
profits of the orphan's estate do amount unto, for the education and
maintenance of such orphan, such guardian shall be allowed and paid
for the same out of the profits of such orphan's estate in any other
year. •• i Disbursements
Sec. 19. Jrrovidea, Such disbursement be, m the opinion or the to be suitable to
court, suitable to the degree and circumstances of the estate of such orphan's degree,
orphan.
Sec. 21. Where any person who shall be security for the estate of How security
any orphan, shall conceive himself in danger by reason thereof, and be released" may
petition the court where such security was entered into for relief, it
shall be lawful for such court, upon petition to them exhibited, forth-
with to order summons to issue, against the party or parties, with and
for whom the petitioner stands bound, returnable to the next court; and
thereupon to compel such party or parties to give sufficient other or
counter-security, to be approved by the said court, or to deliver of
the said estate to the said petitioner, or such person as the court shall
direct; or they may and are hereby empowered to make such other
order or rule therein for the relief of the petitioner, and better secur-
ing such orphan's estate, as to them shall appear just and equita-
ble.
48
370
©UARDIfcN.
To take secu- Sec. 22. Such court shall take good and sufficient security of the
rity of perron person or persons to whom such estate shall be so committed in like
Stated 6 manner, and under the like penalty, as is by this act required to be
taken of guardians appointed by the court; and every such person
shall also exhibit his account, and be subject to the rules and orders
of the court, in the same manner, to all intents and purposes, as is
herein before required of guardians, or they are made subject unto.
Sec. 24. When any person shall conceive himself injured or ag-
Appeal allowed, grieved by order or sentence of the county court, in appointing a
guardian to any orphan, or in removing any orphan from the care
and tuition of any person who has been appointed such, or on refus-
ing to make such appointment or removal as aforesaid, he may ap-
peal from such order or sentence to the chancery or circuit court, at
his option; and the party praying such appeal, shall file a copy of
the proceedings of the county court therein, with the clerk of the
chancery or circuit court, (as the case may be,) fifteen days before
flic copy of'pro- the sitting of such court; and thereupon it shall and may be lawful
ceedings, 15 d'ys for the court, to which such appeal is made, to proceed to rehear the
before court. matter, and either affirm or reverse such order or sentence, and
thereupon award execution for all such costs and charges as shall be
occasioned by such appeal.
Sec. 25. The party praying such appeal, before the same shall be
Appellant to granted by the county court, shall enter into bond, with sufficient
.give security, security, for prosecuting such appeal into effect; and the payment
of such costs and charges as shall be awarded against him, in case he
shall be cast in his said appeal.
Sec. 26. Nothing in this act contained shall be construed to re-
Powers of chan- strain or abridge the power of the court of chancery, in any matter
c'ry n'tabridg'd. or thing relating to orphans on their estates; but the said court shall
and may hold, use, exercise, and enjoy, the same jurisdiction, powers,
and authorities therein, in as full and ample manner, to all intents
and purposes, as if this act had never been made.
1784, Ch. 11, J 2. (When a plea of "fully administered," is found
in favor of executors or administrators, the plaintiff may issue scire
facias against the heirs to charge the real estate.(d). See Heirs.)
§ 3. (If there be no guardian one may be. appointed. (e)—See
Heirs Syc.)
178 9.—Chapter. 39.
Proceedings to Section 5. When any guardian shall have notice of any debt or
"erf Pest°tal °o ^eman(* against the estate of his or her ward, he or she may apply to
ward."" " 6 ° the circuit or chancery courts of the county or district wherein such
guardianship was granted, for an order to sell so much of the personal
or real estate of such ward as may be sufficient to discharge such
debt or demand; and such order of the court shall particularly speci-
(d) To support a judgment against an heir upon a scire facias, there must be personal service of the set.
fa. upon the heir (though a minor,) and upon his guardian. Service upon the guardian alone is not sufficient.
4 Yerg. 218.
(e) In case of a set*, fa. against lands in the hands of an infant heir, the court have no power to appoints
special guardian, where there is a general guardian regularly appointed who has given bond and performed
the other requisites,- and a judgment founded on such special appointment is reversible.—£ Hayw. 152.
guardian*
3?1
that property may be so sold and such property shall be sold on
e same credit and under the same regulations as property sold by
executors or administrators, is or may be, bylaw; and the proceeds
of such sales shall be considered as assets in the hands of the guar-
dian for the benefit of the creditors, in like manner as assets in the
hands of an administrator or executor, after fieri facias as by the act
directed; and the same proceedings may be had against the guardian
with respect to the assets aforesaid; as might be had or taken against
an executor, or administrator in similar cases; Provided, That no Execution not
execution shall be levied on the goods or chatties, lands or tenements to be levied for
of any minor in the hands of his guardian, until twelve months after 12 months«
judgment obtained on the fieri facia# aforesaid: nor shall execution
issue, liable as aforesaid, at any time but on motion in open court, (f)
1794. Ch. 1, $ 46. (County court may appoint guardian for idiot or
lunatic, who shall be subject to the same rules as other guardians.
See Idiots and Lunatics.)
1819. Ch. 18, § 4. (If defendant in ejectment die pending the ac-
tion, a copy of the declaration to be served on the heirs or their
guardian, if minors. See Ejectment.)
§ 5. (When such minors are without guardians the court shall ap-
point one pending the suit.—See Ejectment.)
182 3.—chapter 2.
Section 1. Where any estate, or legacy, shall have come by de- dians^ndescenta
scent, or otherwise, from any collateral relation or other person, to from collateral
any minor or minors, the county courts shall have the same power th^rpreferreif8*
to appoint special guardians for the preservation of the same, to give
bond and security as in other cases, as if said minors were orphans:
Provided, That the father, and in case of his death, the mother, shall
have the preference, unless said courts in their discretion should
think the interest of the minor requires some other person to be ap-
pointed.
1824.—chapter 2.
Whereas, by the laws now in force, the guardians appointed to
take care of the estates of idiots and lunatics, have no power to
make settlements or provisions for such child, or children, of such
idiots and lunatics, when the same may marry or come of age:
Therefore,
Section 1. When such guardian shall have been appointed, and mak^mttieme't
shall have given bond and security as required by law, and any child
or children of such idiot, or lunatic, shall have arrived at a lawful
age, or shall have married, then, and in that case, such guardian shall
have full power and authority to make such settlement or provision,
P. (/) A sale of lands of a minor, made by virtue of J the application of a guardian pendente lite, there
being a general guardian, is void ab initio—4 Hayw,244. 5 Hayw, 286.
2. A special guardian may be appointed to defend, when the general guardianis a party concerned; but a
special guardian ^cannot be appointed to all lands under this act.—Same.
372
ttUARDIAN.
for any child or children so coming of age, or marrying, as the situ-
ation of the estate, the number of other children, and the situation
and age of such idiot or lunatic and wife, may render reasonable and
just.
Sec. 2. All such guardians shall be liable on the bonds given by
Liability of them, for all fraudulent and intended abuses, by them committed,
guardians. under the provisions of the first section of this act. And because it
may sometimes happen that such guardians may not know what pro-
visions or settlement would be reasonable and just: Therefore,
Si;c. 3. Where any child, or children, of any idiot or lunatic, shall
Provisions in have heretofore, or may have hereafter, come to lawful age, or mar-
case of guardi'a' ry} an(j such guardian, or guardians, will not make the provisions or
neg ec . settlement contemplated by this act, then, and in that case, such
child, or children, shall be at liberty to file his, her, or their bill in
equity in any of the courts of equity of this state, in which either
the said guardian, or idiot, or lunatic, may reside, on which the same
proceedings shall be had, as in other equity causes; and on the final
hearing, the said chancery courts shall and may have the power to
decree such provision, or settlement, as, under all the circumstances,
they shall deem just and reasonable.
1 825.—Chapter 45.
Section 1. All bonds hereafter to be given by persons appointed
Bonds made guardian to any orphan, by the several county courts in this
payable to the state, shall be made payable to the chairman of the court
re^ovTrdbie.llOW an(^ kis successors in office, in trust lor the benefit of said or-
phan, which bond said court shall cause to be acknowledged before
them and recorded; and it shall and may be lawful for any person
or persons, injured by reason of any breach of the condition of such
bond, to prosecute a suit in the name of said chairman or his succes-
sors in office, for his or their use, against such guardian and his secu-
pities, or any or either of them, their executors and administrators,
and shall and may recover all damages which he, she or they, may
have sustained.(g-)
Sec. 2. Suits shall, and may be, prosecuted in manner herein be-
Bonds hereto, fore pointed out, on all guardian bonds- which shall have been here-
recoverable h°W to^ore mac"e payable to the chairman of any court of pleas and quar-
ter sessions and his successors in office, and also, on all guardian
bonds which shall have been heretofore made payable to any of the
justices of said courts, their successors and executors and adminis-
trators.
Sec. 3. When several persons are entitled to a recovery on any
Judgment in such bonds, the veidict and judgment rendered in favor of one, shall
tovor of one no not be a bar to any other person or persons so entitled, but each may
thenSamBt Bn0 separately sue for and recover, his or her portion thereon, until the
whole penalty of said bond is recovered.
Copy of bond Sec. 4. When suit shall be brought as aforesaid, it shall be suffi-
contested.^ n<>t c*ent tQ make profert of an attested copy of said bond; Provided,
(g) It is not necessary in a suit upon a guardian bond, that the guardian should have been proceeded
against, and the amount due the ward be ascertained by a decree, before the securities can he reached on the
bond.—S Yerg. 4611
*uardjan«
373
That if said copy should be contested, the original shall be produced
by subpoena, to the clerk in whose custody it may be.
Sec. 7. If the chairman of any county court to whom, or to whose exYcut'To^ua^
predecessor, any guardian bond shall hereafter be executed, by any dian, any person
guardian, and such chairman shall have become executor or adminis- may sue chair,
trator of such guardian, then, and in that case, it shall be lawful for man'
any person interested in a recovery upon such bond, to institute suit
thereon in his own name, or by his or her next friend, against such
chairman, and recover judgment thereon in the same manner as if
such bond had been made payable to such plaintiff.
1829. Ch. 15, § 2. (Security of guardian how released.—See Se-
curity.)
1831.—Chapter 29.
Section 1. In all cases where any person or persons may have s0CUIu^
heretofore been,or may hereafter be appointed guardian to any or- the^id is insuf-
phan or minor, by any county court in this state, and one or more of ficient.
the securities of said guardian shall be dead, have removed out of
the State, or be insolvent, or may hereafter die, removed out of the
State or become insolvent, it shall be the duty of the court of such
county in which such guardian was appointed, to give said guardian
ten days notice to appear and give other sufficient counter security j and
it shall be the duty of said court'to compel such guardian to give oth-
er sufficient counter security, to be approved of by said court, or to
deliver up the estate of such orphan or minor, as the case may be,
in his hands to such other guardian or guardians as the court may
appoint.
5 2. (Clerk to report names of orphans when security is insuf-
ficient.—See Cleric of county court.)
Sec. 3. It shall and may be lawful foi any person or, persons who
may think proper to give the county court in writing the information
provided for in the second section of this act.
Sec. 4. The notice to such guardian, provided for in the first sec-
tion of this act, shall be made by an order of said court and signed by
the clerk thereof, which notice shall be serve,d by the sheriff or his
deputy.
I 8 31.—Chapter 30.
Section 1. In all settlements with guardians, they shall not be chw ed w
chargeable with compound interest, if such guardian'can show that compound inter-
he did not and could not have received compound interest on the est.
debts due to the estate of their wards.
Sec. 2. The county court may make to any guardian, in their dis- ,0^.®^c°eDB^e
cretion, a reasonable allowance and compensation for his or her trou- made,
ble and expense in settling the business of the ward's estate.
Duty of court
Any person
may inform.
Notice how
made;
374
HABEAS CORPUS.
HABEAS CORPUS.
constitution. article 1. section 15.
18 2 3.—Chapter 15.
Judge or jus- Section 1. When any writ of habeas corpus shall have issued, and
tice to issue sub- been made returnable at any particular time and place, it shall be the
nesses for both the judge issuing the same, or any justice of the peace, for the
p arties. °' ° county in which he may reside, to issue subpoenas for such witness
or witnesses, as shall be deemed necessary, either on the part of the
state, or of the defendant, for the due administration of justice on said
trial; which subpoenas shall be directed to the sheriff or some con-
stable of the county in which such witness or witnesses may reside,
commanding such sheriff or constable, as the case may be, to sum-
mon such witness or witnesses; to appear at the time and place, the
said writ is made returnable, then and there to testify and give evi-
dence agreeably to the tenor of such subpoena or subpoenas; and such
sheriff or constable shall be allowed the same fees therefor, as for
serving subpoenas in other cases; and every witness so summoned
shall be bound to attend such trial, under the same rules and penal-
ties that are prescribed to compel the attendance of witnesses insimi-
lar cases in courts of justice; and for his or her attendance, shall be
allowed the same fees that are allowed by law for witnesses in similar
cases.
Proceedings Sec. 2. On the failure of any witness or witnesses attending at
f8iita twit"tesfT t^ie time aod place required by such subpoena, it shall be the duty of
a g oa en • the judge or justice to record such failure, and transmit the same to
the clerk of the circuit court, whose duty it shall be to issue a writ of
scire facias, requiring the party to appear at the next succeeding
court, to show cause why the forfeiture should not be made absolute;
and it shall be the duty of the judge or justice, to permit the witnes-
ses to prove their attendance, and transmit the same to the clerk of
the circuit court, to the end that the same may be taxed in the bill of
costs.
heirs and devisees.
375
HEIRS AND DEVISEES.
April, 17 84.—Chapter 22.
Section 12. Where any lands, tenements, hereditaments or other ail devises
real estate shall be devised to any person or persons, the same shall taken to be in fee
be held, deemed and construed to be a devise in fee simple, unless ci™ariyexpreBwd
such devise shall in plain or express words, or it shall be plainly in- otherwise,
tended by such will or some part thereof, that the testator intended to
convey an estate of less dignity.
Nov. 17 8 4.—Chapter 11.
Section 2. In all suits at law, where the executors or administra- Where „fulI
tors of any deceased person shall plead "fully administered," "no as- administered""3'
sets," or "not sufficient assets" to satisfy the plaintiff's demand, and etc. is found for
such plea shall be found in favor of the defendant, the plaintiff may p^inuff1*' may
proceed to ascertain his demand and to sign judgment, but before ta- ajgn judgment,
king out execution against the real estate of the deceased debtor, a
a writ or writs of scire facias shall and may issue, summoning the To run sci.fa.
respective heirs and devisees of such deceased debtor, to show cause devisees^before
why execution should not issue against the real estate for the a- execution ag'st
mount of such judgment, or so much thereof as there may not be ,ands-
personal assets to discharge, and if judgment shall pass against the
heirs or devisees or any of them, execution shall and may issue a-
gainst the real estate of the deceased debtor in the hands of such
heirs or devisees against whom judgment shall be given as afore-
said, (a) dian of -minor
Sec. 3. When any such heir or devisee shall be a minor and have heirs-
a guardian, the scire facias shall be served on such guardian; but point^guardian,
where the minor shall have no guardian, than the court shall appoint when there is'
a guardian to defend the suit for such minor. ""sheriff to re-
Sec. 4. When the heirs and devisees of any deceased debtor, or tUrn when mi-
any of them, shall reside out of the state, so that writs of scire facias nors reside out
cannot be served on them, and shall have no guardians on which the have" no^guan
same can be executed, in that case the sheriff shall return the fact to dian.
(a) An heir is that person on whom an estate is cast, immediately on the death of the ancestor. Cooke>
249.
2. This act is in derogation of the common law and an abridgement of the rights of heirs; and therefore
should receive a strict construction. 3Hayw. 299. 1 Yerg. 285. 4Yerg. 10.
3. Without a judgment against the executor, no sci.fa. can issue against the heir. 5 Hayw. 9.
4. A sci. fa. against the heir ought to be founded upon the plea of "fully administered," found for the ex-
ecutor or administrator. 5 Hayw. 152. 5 Hayw, 240.
5. A foreign judgment creditor has no remedy against the lands in this state, descended to the heir, by force
of the foreign judgment; he must proceed through a domestic administrator, and in the manner prescribed by
this act. Same. '
6. The rents and profits received by the heir, cannot be recovered Iby the creditor of the ancestor, by pro.
ceeding under this act or otherwise. 4 Yerg. 218.
7. There must be personal service of a sci. fa. upon the heir (though a minor) and upon the guardian;
Service upon the guardian alone is not sufficient. Same.
8. A judgment or sci. fa-, against heirs, should be for the debt and costs of the sci. fa, 5 Yerg. 197.
376
heirs and devisees.
Second sei. be so, and another scire facias shall issue, on which the same return
returnitb 8amC made, if the parties still continue to reside without the lini-
its of this state; on which second return, and likewise on every sec-
Judg't against ond return, that the party or parties have been summoned and noap-
lands on second pearance shall be made on such summons, judgment shall be given
return. against the real estate in the hands of such heirs or devisees, (b)
Sec. 5. When any executors or administrators shall plead "fully
Heirs may administered," "no assets," or **not sufficient" to discharge the plain-
of "'fun * admin- t^'s debt, should such plea be found in favor of the defendant or de-
iste'red," etcTon fendants on the trial of the issue, the heirs or devisees shall be per-
the trial of *tii mitted to contest the truth thereof; and upon the plea of such heiin
or devisees, that the executors or administrators have sufficient assets
Collateral is- or ^ave wasted or concealed the same, the court shall order the trial
sue betw'n heirs of a collateral issue between the executors or administrators and such
and administra- heirs or devisees; which if found against the executors or adminis-
t0 is'suein favor trators, the original plaintiff shall have execution not only against
of heirs, execu- the goods and chattels of the deceased debtor, but against the proper
tion against pro- goods, chattels, lands and tenements of such executors or adminis-
per goods of ad- r a / \
ministrator, etc. tratol'S. (c)
Devisee evict ^EC' 6. It shall and may be lawful for any devisee evicted by the
ed may sue other sale °f the devise to him, to bring his action at law against the other
divisee for rate- devisee or devisees, for his or their proportion of the value of the land
able portion. go SUggesting in his declaration the value of all the several de-
vises, and the recovery against the devisee or devisees, shall be in
proportion to the value of all the devises, which shall be proved on
the trial without having any regard to the sum for which the estate
of the evicted was sold.
17 8 9.—Chapter 39.
$ 1. Administrators when creditors, may sue the heir and recover
against the real estate. See Administrators, fyc.)
§ 2. Devises of land void against creditors, and they may main-
tain action against devisees. See Fraudulent Devises.)
Where heir or Section 3. Where any heir at law shall be liable to pay the debt of his
foTdebt of ances- or ^er ancestor, in regard of any lands, tenements or hereditaments,
tor, and has sold descending to him or her, or where any devisee shall be liable to pay
tfoV^ainsTs^ch of a testator in regard of lands devised to him or her, and
heir ot* devisee, shall sell, alien or make over the same before action brought or pro-
(J) In the case of a judgment against an administrator, and "fully administered" found for him, or in case
of a judgment against the ancestor in his lifetime; iftwo sei. fas: be run against the heirs, and the returns
on each be nihil, no execution can be issued thereon which will affect the estate of the heirs descended to
them. 3 Hay w. 299. lYerg.40. 4Yerg. 10.
2. To render the property of the heir descended liable under this act, there must be personal service of ths
sei. fa. where the heir lives in the state, and where out of it, two returns of that fact. Either the *ci. fa.
muBt name the heirs, or there must be personal service and the return name them. Same.
(e) Upon a sei. fa. against the heir, he may make any defence that might have been made by the executor
or administrator. Cooke. 60: 5Hayw. 11. 1 Yerg. 285. 2 Yerg. 10.
2. The sheriffisto levy his fi.fa. in the first instance upon the goods and chattels, if any; and by thisact,
the heir may plead, that the executor or administrator has not fully administered. 5 Hay w. 239. 5 Hayw.
11.
3: When the plea of "fully administered" is found against the executor, the lands in the hands of the heir
are not liable, although the assets were subsequently wasted, and the executors and securities had become in-
solvent. Mart. & Yerg. 353t
4. Upon a sei.fa. the heir may contest, upon a collateral issue, with the personal representative, the plea
of "fully administered." Same: 1 Yerg 285. 4 Yerg. 10.
5. Upon a set, fa. the heirs may contest the existence of the original debt. 2 Yerg. 10.
HEIRS AND DEVISEES.
377
cess sued out against him or her, that such heir at law or devisee
shall be answerable for such debt or debts to the value of said land
so by him or her, sold, aliened or made over: in which cases all creditors
shall be preferred as in action against executors or administrators,
and execution shall be taken out upon any judgment or decree obtain-
ed against such heir or devisee to the value of the said lands, as if
the same were his or her own proper debt, saving that the lands, ten- Land« bo aiu
ements and hereditaments bona fide aliened before the action brought, *We
shall not be liable to such execution.
Sec. 4. When any such heir or devisee shall be a minor and have Process to be
a guardian, the leading process shall be served on such guardian; and ■®rved on ?uwr*
where the minor shall have no guardian, in that case the court shall o, "court^may
appoint a guardian to defend the suit for said minor. appoint guar-
} 5. (Proceedings in case of a debt due from the estate of a minor, dian.when none
See Guardian.)
1809, Ch. 121, § 3. (Where suit may be brought in the lifetime of
an intestate and no person will administer, the plaintiff may issue
scire facias against the heirs. See Administrators, 8$c.)
1819, Ch. 13, j 1. (Illegitimate children, if no lawful ones, to in-
herit the estate of the mother. See Descents.)
1819, Ch. 16, { 5. (In ejectment where the defendant dies, the
court to appoint guardian pendente lite. See Ejectment.)
$ 6. (If the heirs are not residents of the state, the sheriff to return
the fact, and proceedings thereon. See Ejectment.)
1823, Ch. 28, § 1. (Children born after making a will to take equal-
ly with the other children. See Descents.)
5 2. (Such portion may be recovered by petition in the chancery
court. See Descents.)
1823, Ch. 37. $ 1. (Proceedings by heirs or deviseei for partition
of lands. See Partition.)
1827, Ch. 54,5 1. (Proceedings to^sell lands of heirs where parti-
tion cannot be made. See Partition.)
§ 2. (Proeeeds to be divided among heirs. See Partition.)
$ 3. (Court to appropriate proceeds belonging to minors. See
Partition.)
49
378
IDLOTS AND LUNATICS.
IDIOTS AND LUNATICS.
1 797.—Chapter 41.
Section 1. It shall be the duty of the several county courts, upon
to have 'jury *nf°rmation made, that any idiot or lunatic does reside within the
summoned to as. jurisdiction thereof, to order the sheriff of said county to summon a
certain idiocy or jury, consisting of twelve free-holders, to ascertain by inquisition
lunacy, such idiocy or lunacy and make return thereof to the next succed-
ing court; and also such lands and chatties (if any there he) as the
said idiot or lunatic, so found, as aforesaid, shall hold or possess, at
the time of taking such inquisition, and on return thereof, such court
To appoint shall appoint him, her or them a guardian, or guardians, first taking
guardian. bond with approved security for the faithful administration of the
trust reposed in them; and the guardian or guardians thus appointed,
shall have the same powers, and be under the same rules and re-
strictions, as guardians appointed for orphans, and continue to exer-
cise his appointment during the pleasure of the court.
Sec. 2. When any idiot or lunatic shall be found not to hold or
Idiot or iuna- ppssess any lands or chatties or not sufficient for his, her or their
propertjMto be maintenance, in that case, the court shall proceed to let out such idiot
let out to lowest or lunatic for the term of one year to the lowest bidder; in the same
bidder, manner as in the case of other poor persons; Provided, That where
the jury from their own knowledge, or information of others discover
any apparent danger of violence being offered to the life or property
of any person, such jury shall report accordingly, and the court
shall be bound without delay, to let out such idiot or lunatic, for the
term of one year, to the lowest bidder, taking bond and security for
the safe keeping and providing with sufficient diet, washing and ap-
parel, for the term aforesaid; and incase any idiot or lunatic, in the
Three justices recess of court, should offer violence as aforesaid, due proof thereof
in recess may being made before any three justices, they shall and may commit
ou™TunaticsgCw su°h idiot or lunatic to the jail of the county in which the offence
jail. was committed, where he, she or they shall remain, until the court
take such order as appears strictly consistent with the law, the hap-
piness and security of the community: Provided also, That the par-
ty shall be liable to bail as in other cases.
1824. Ch. 2, § 1. (Guardians of idiots and lunatics to divide off
property to their children marrying or coming of age.—See Guar-
dians.)
5 2. (Guardians liable on their bonds for fraudulent abuses.—Sec
Guardians.)
5 3. (Children of idiots and lunatics may file bills for a division of
property.—See Guardians.)
IMPEACHMENT.
37*
182 7.—Chapter 32.
Section 1. Whenever a writ of inquisition shall issue in pursu-
ance of the laws now in force and use, to ascertain the idiocy or lu- Bble to game
nacy of any person or persons, such writ of inquisition, shall and term,
may be returnable to the same term of the court, at which it issues,
if said court in its discretion shall so order and direct, and the same
proceedings shall be had in all respects as if the return had been
made to the next succeeding term.
IMPEACHMENT.
constitution. akt. v. sec. 1, 2, 3 4.
18 1 5.—Chapter 110.
Section 1. Any person who may be summoned to give evidence Allowance to
before the Senate, on the trial of an impeachment, shall be allowed
one dollar per day for every day's attendance, on such trial, and one impeaciiments.
dollar for every twenty-five miles such person may necessarily travel
in going to and returning from the place of trial; and that the sergeant compensation
at arms, or such other officer as may be appointed, shall be allowed to sergeant at
two dollars for every arrest under process from the Senate; and five arms*
cents a mile for each mile he may travel in going to and returning from
said arrest; for executing each subpoena, fifty cents; and for each
day he may attend the Senate at any such trial, two dollars.
Sec. 2. The sergeant-at-arms and other officer, and each and Accounts to
every witness who has attended on such trial, shall prefer his ac- oathtocierkof
count on oath to the clerk of the Senate, whose certificate annexed senate,
thereto shall enable either or any of them to collect the same of the
person impeached, in case he be found guilty; but if he be acquitted,
the same shall be recovered of the state, and paid by the treasurer,
upon the production of the amount certified as aforesaid.
Sec. 3. The amount of said attendance shall be recovered before
any tribunal having cognizance thereof; and in case the impeached
shall be found guilty as aforesaid, and unable to pay the same after s'rer to pay wit*
due course of law has been had thereupon; then and in that case nessestfserg'nt.
the treasurer shall pay the witnesses who have attended in behalf
of the state, as also the sergeant or other officer, upon the production
of their certified accounts as aforesaid.
Sec. 4. If any such witness shall wilfully swear to a greater num- witness orser-
ber of days or miles than he or she may have attended or travelled, *«•?* swearing
or any such sergeant at arms or other officer, shall wilfully swear to of perjury.'8 *y
more services than he has really pepformed, before said clerk, such
witness or officer shall be guilty of perjury, and suffer the same pains
and penalties as prescribed for the commission of perjury, on the
conviction thereof.
380
improvements.
IMPROVEMENTS.
179 7.—Chapter 43.
Grantee or Section 3. If any grantee, or other person, claiming by deed of
person claiming conveyance, founded upon a grant, hath, by virtue thereof, obtained
on dgrant°Umar PeaceaMe possession of any tract of land, and shall, at any time there-
recover value of after, be dispossessed by due course of law, or otherwise put out of
improvements, possession, without his, her or their consent, first had and obtained,
then and in that case, the person so dispossessed, shall be entitled to
recover, at common law, from the person to whose use the disposses-
sion was so made, the value of the improvements which he, she or
they may have made on the said land .(a)
180 5.—Chapter 42.
Section !. Any person in possession of any land under patent,
grant, or lawful entry, and shall at'any time be dispossessed by due
course of law, or otherwise put out of possession, without his, her, or
their consent, first had and obtained; in that case, the person so dis-
possessed, shall be entitled to recover from the person to whose use
the dispossession was so made, the value of the improvements which
he, she or they may have made on said land; and the said land shall
be and remain a fund for the payment of the judgment and cost that
may be recovered in any action to be brought for the value of such
improvements so made thereon; and said land shall always be bound
for the payment of such judgment and costs, notwithstanding it may
be conveyed to some other person by him, her or them who made
said recovery .(a)
1813, Ch. 24, § 1. (In ejectment suits tenants to give notice to the
lessor, of his claim for improvements.(6.) See Ejectment.)
6 2. (Plaintiff may set off mesne profits against improvements. See
Ejectment.)
5 3. (How the jury shall render verdict in such cases. See Eject-
ment.)
(а) In an action for the value of improvements, tbe declaration should contain aprofertof the deed under
which the plaintiff claimed, or state the county in which it is registered. 1 Tenn. 245.
2. If after service of the declaration in ejectment, the defendant proceeds to make an entry and gets a
grant, it will not be such a title as will allow him pay for his improvements. Cooke. 294.
3. It seemg to be well settled in equity thai the improver cannot claim any compensation, after he has
notice, that the holder of a bettertitle means to claim theland Same.
4» The nature of the claim to be exhibited by a person claiming the value of improvements, is such a
claim as would protect him under the statute of limitations. 2 Tenn. 341 to 352. 2 Tenn. 293 392.
5. Whoever takes possession under a contract, which afterwards for any cause,,is rescinded or relinquished,
shall be allowed for intermediate improvements. 4 Hay. 148.
(б) The acts of assembly allowing and giving the defendant the value of his improvements, made upon the
land, in an action of ejectment, or by suit for the same, are unconstitutional and void. 1 Yerg. 360.
Person dispos]
sessed mayreco-
ver value of im-
provements.
Land bound
for value of im-
provements.
IMPROVEMENTS. 381
1813 .—Chapter 60.
In suita for
Section 1. In the event of any person or persons instituting any land.s.# w. of
action or actions for any land south and west of the congressional
. • * • l • 11 . ® . line, on grnti of
reservation line, claimed by virtue of any grant that has or may issue n. c. after 1806,
from the state of North Carolina after the 28th day of July 1806, it Jury to find va*
shall be the duty of the jury who try the issue, to find the additional improve"
value of said land by reason of any improvements existing thereon, writ of pog-
in case they should find a verdict for the plaintiff or plaintiffs; and
said plaintiff or plaintiffs shall not- be permitted to take out a writ of of^mprVm'nts
possession for said land, until he or they deposit in the clerk's office, is deposited in
where he may obtain such a verdict, the full amount of the value clerk'soffice*
assessed by the jury for said improvements.
Sec. 2. No writ of possession in such cases shall prevent such de- 8i^rinotf ?o pre"
fendant or defendants from taking away the crop growing or standing vent defendant
at the time of the execution thereof, nor shall such defendant or carrying away
defendants be liable to any action for rents or mesne profits. ^No'afiowance
for mesne profits
1815 —Chapter 122.
Section 1. When any person in the possession of land, shall be veringrpossessi'n
served with the notice mentioned in the act of 1813, ch. 24, and shall 0n notice, to be
think proper to deliver possession to the claimant, such person shall allowed for im-
be entitled to recover the full value of his or her improvement, in the provements'
same manner as if turned out of possession by due course of law, in
any court of record having jurisdiction of the same, and shall have
the same lien on land, for the payment of the sum recovered.
Sec. 2 When any person has an occupant claim, and is in posses- Benefits of act
sion of the same, he or they shall have all the benefits of the before tended to^ccu-
recited acts, and the same shall be considered a good color of title, to pants,
recover the value of his or their improvements.,
1819.—Chapter 1.
Section 12. When any person or persons shall have been actually Lands occu-
settled, upon any vacant and unappropriated land within this state, pfed by actual
and which lies south and west of the congressional reservation line, Centered1 by
or north and east of that line, and north of the Tennessee and Holston others, without
rivers, and shall have made valuable improvements thereon, and paying for im*
shall not enter the same as is provided for by this act, and the said prgu^eyors not
valuable improvements shall be entered by any other person than to s'rv'y said en-
such settler, the said surveyors are hereby prohibited, under the triee-
penalty last aforesaid, recoverable as last aforesaid, from surveying
the same for any other than such settler, until the value of such
improvements is paid for, or tendered by such enterer; or in case any in disputes sur-
dispute should arise between such settler and enterer, then and in ^va/ue
that case, it shall be the duty of the surveyor, or his deputy, to ap- Fmprovements"6
point one or more honest, disinterested person or persons, at the
expense of such settler to fix on the value of such improvement,
whose award shall be final between the parties; and upon the pay-
ment or tender thereof to such settler, in any current notes of this
state, or upon giving bond with sufficient security, payable with inte-
382
IMPRISONMENT FOR DEBT.
rest, within twelve months, or tender thereof, to such settler, it then
shall, and not before, be lawful for said surveyor, to survey the same
as is required by law.
182 4.—Chapter 8.
owner of war- Section 1. Should there be any land warrants, which have been or
rantenteretTon may be issued by the Register of West Tennessee, entered on any
improved land, improved vacant land, the owner of such land warrant shall pa) for
provementB."" suc^ imProvement»as other improvements are paid for under the
occupant law of 1819.
1831.—Chapter 38.
Section 4. The defendants in ejectment, or any who may be
daim^vaiu^of sue<^ hereafter, who claim by virtue of a purchase from this state, or
impr'vem'nts on entry of said lands so sued for, under the several laws passed for the
the Hiw'ssee dis- disposal of the lands in the Hiwassee district, shall be entitled to claim
trict* and recover from the lessors of the plaintiffs in ejectment in each
case, the value of the improvements made upon such lands, so sued
for by said defendant or defendants, his, her or their assignor or
assignors, grantor or bargainors, and shall prove the same in the
same manner on the trial of said ejectment, as is provided in other
cases, by an act passed on the 18th day of Oct., 1813, ch. 60; Provi-
dedj nevertheless, that three months' notice of a claim for improve-
ments, as well as counter notice for a claim of mesne profits may be
filed at any time before the final trial.
Sec. 5. The lessor of the plaintiff may also set off against said
Lessor may claim of improvements the value of the mesne profits in the same
the"11 value* °of manner as provided for by said mentioned act. And each party shall
mesne profits, be entitled to the same process and means pointed out by said act
for the recovery or security of the balance that may be found in his
or her favor by the verdict of the jury for said improvements or mesne
profits, and judgment shall be given, and proceedings had accord-
ingly.
imprisonment for debt.
I
18 01.—Chapter 7.
if def't taken Section 2. Where any legal officer, or person deputed by the justice
rant ^ve recu- °^e Peace executing any bail-warrant for any debt or demand, shall
rity 'and fail to take a bail bond; and the person so bound shall fail to attend, the
attend,justice to justice of the peaee may proceed to try the cause, award judgment
f1V" sUieirs1611*! an(* *ssue execution against the principal and securities for debt and
executors, an costs, and if the defendant will not give security if required by the
imprisonment for debt*
333
plaintiff, it shall be the duty of the constable, or person serving the . w b®
warrant, to bring him forthwith to trial or commit him to the jail of forthwUh ortau
his county by order of any justice of the peace, there to remain until prisoned,
trial can be had, which shall take place as early as practicable,
1831.—Chapter 40.
Section 1. No female defendant in any civil action shall be im- No woman to
prisoned, either by virtue of mesne or final process, but she shall be ^Tactions? m
warned to appear by summons, and be proceeded against after judg-
ment to enforce the same by fieri facias, or other writ not affecting
the liberty of the person.
Sec. 2. In all civil actions at law to be commenced on any debt or Original process
contract made af^er the first day of March next in courts of record, by sum"
or. before justices of the peace, the original process shall be a
summons to the defendant, to appear and answer to the plaintiff's ac- gpecial or ap.
tion; upon which the defendant shall be notified, as is now practiced pearance bail not
incases where bail is not required; nor shall special or appearance required,
bail be taken or required, save in the cases hereinafter provided for.
Sec. 3. If the plaintiff, his or her agent or attorney, will file an Capias may issue
affidavit with the clerk of the court in which the action is brought, ^ab®nthe de.fen'
either at the time of the commencement of the suit, or at any time baaJ t^Jemove
during its progress before judgment rendered, that the cause of action property,
is just, and that the defendant has removed, or is about to remove his
property beyond the jurisdiction of the court, then a capias ad re-
spondendum shall issue, and the defendant be compelled to give ap-
pearance or special bail to the action, as is now practiced: Provided,
the defendant may at any time after arrested, apply to the court by May apply for
motion to be discharged from said bail bond; which the court shall do, discharge,
if the defendant can make it appear that the plaintiff, his agent or
attorney has sworn falsely, or was mistaken—or that the causes al-
leged in the affidavit are insufficient.
Sec. 4. In all cases brought before justices of the peace, on affida- Bail warrant
vit being made as prescribed by the third section of this act, sworn may issue on af.
to before, and filed with the justice, he shall issue a bail warrant as ^avit^but ^
is now practiced: Provided, the justice shall have power to discharge charge?^ "
the defendant, if it is made appear that the plaintiff, his agent or at-
torney swore falsely, or was mistaken, or has not shown sufficient
cause in the affidavit.
Sec. 5. After a judgment or decree rendered, in any civil actions Causes for wh'h
in courts of law or equity, or before any justice of the peace, writs of gUaapia* may is"
capias ad satisfaciendum, authorizing the imprisonment of the person,
to enforce the payment of money, shall not issue unless the plaintiff,
or complainant, his agent or attorney, will make an affidavit before
the clerk of the court from which the writ issues, or before the jus-
tice who is required to issue the writ; 1st. that the defendant is about
to remove his property beyond the jurisdiction of the court or justice;
or 2d, that he has removed his property beyond the jurisdiction of the
court or justice who rendered the judgment or decree; or 3rd, unless
the plaintiff, his agent or attorney will make affidavit before the clerk
or justice that the defendant has fraudulently conveyed his property
to others to avoid the payment of his debts; or 4th, that he conceals
it to avoid the payment of his debts; or 5th, that the defendant has
384
imprisonment for debt.
moneys in his possession or within his control, sufficient to pay the
demand or a good portion thereof, which he fraudulently withholds
from the payment of his debts: In either of which cases a capias ad
satisfaciendum may issue, as has been heretofore practiced, and sub-
ject to the same rules and restrictions. Provided, the defendant
may at any time apply to the court or justice from whom the writ
issued to be discharged therefrom—which the court or justice shall
nefendanteBiay ^ jf the defendant can make it appear that the plaintiff, his agent or
e a ' attorney has sworn falsely or was mistaken—or that the grounds
laid in the affidavit were insufficient to authorize the issuance of the
writ. All affidavits required by this act, made on part of plaintifis
shall be sufficient if they allege the facts to be true, according to the
information and belief of the plaintiff, (a)
persons dis- Sec. 6. Should a ca. sa. issue, or be executed under the provisions
charged from ca. 0f ffiis act, and the same discharged from the person claiming the ben-
ted f'm thejudg- efit thereof, the person so discharged shall not be exonerated from
ment. the judgment by the discharge of such ca. sa.
18 32.—Chapter 12.
Act of 1831,
ply to' contracts Section 2. Nothing in the act of 1831, chap. 40, contained shall
previous to 1st be so construed as to apply to any contracts entered into prior to the
March, 1832. first day of March, 1832.
Act of 1831, Sec. 3. The provisions of the act of 1831, chap. 40, shall not be
andlwMa^d6*1 construe<^to change the laws or process heretofore in use and force,
an expame , prevjous t0 the passage of said act, on account offcany debt or de-
mand, due and owing prior to said first day of March, 1832, nor the
issuance of a capias ad satisfaciendum to render bail liable under
said contracts, but in all cases wherein bail may have been taken be-
fore the passage of said act, and since, under the provisions of said
act, as well as for contracts entered into' before the first day of
March, 1832, such proceedings may be had as heretofore—and in all
cases wherein by the provisions of said act of 1831, any plaintiff was
unable to prosecute his capias ad satisfaciendum, and to render bail
for appearance liable, the statute of limitations shall not bar, provi-
ded such plaintiff prosecute his suit by such capias within six montlis
from the passage of this act.
Act of 1831, Sec. 4. The provisions of the act of 1831, chap. 40, shall extend
to' an' 'civif ac* c*v^ actions, whether founded upon contract or otherwise, with-
Mom, C1V1 BC out regard to the form of the action or the nature of the demand, pro-
vided that nothing herein contained shall be construed to extend to
any demand or cause of action accruing before the first day of March,
1832.
(a) This act does not prevent the issuance of a ca. sa. against a debtor, upon a judgment rendered upon a
contract existing at the passage of the act. 4 Yerg.J>33.
2. This section refers only to the issuance of a capias ad satisfaciendum, upon a judgment founded on
proceedings under the second section of this aet. Same.
3. This section does not require the affidavit mentioned, upon a contrcct existing at the passage of tbs
act. Same.
indictment.
385
INDICTMENT.
constitution. art. 1. sec. ix. xiv. art. vi. sec. 12.
1801.—Chapter 30.
Section 1. No state's attorney shall prefer a bill of indictment to Indictme"t not
, . • . . x x .J r J ii, t0 preferred
any grand jury in this state, without a prosecutor marked thereon. without prose-
Sec. 2. If any state's attorney shall prefer a bill of indictment c«t°r-
against any person or persons, contrary to the trpe intent and mean- payAtCoSt^enand
ing of this act, the party or parties against whom such bill shall be deft* discharged
preferred, may give this act in evidence; and the court shall order if no pr'aecutor.
him or them to be discharged, and the state's attorney shall be an-
swerable for the cost which may have accrued on such bill, and exe-
cution may issue against him or them for the same.
Sec. 3. Nothing contained in the first and second sections of this Not to extend
act, shall be construed to extend to any presentment made by the t0 presentments,
grand jury, or to any bill of indictment founded thereon.
1812.—Chapter 44.
Section 1. The attorneys general are authorized and required, in
all cases where ?m inquest shall be returned by the proper officer Inquest of
into any of the circuit courts, whereby it may appear, that any person cor'ner, without
hath been or is guilfy of wilful homicide or murder, to forward to the proBecutor«
grand jury, a bill of indictment, although there be no person to mark
on said bill as prosecutor.
181 7. Chapter 61.
Section 4. In preferring indictments for gaming, it shall not be no prosecutor
necessary that a prosecutor shall be marked on the same. of gamtagv CMe"
18 2 0.—Chapter 4.
Section I. The several attorneys general shall send a bill of in- None required
dictment to the grand jury against overseers of roads, on presentment ggecr^es of ov,r*
of the grand jury, without a prosecutor marked thereon, which shall
be as effectual and binding in law, as if there was a prosecutor marked
thereon.
Sec. 2. Where any person or persons may be recognized to ap- offends
pear before any of the courts in this state, to answer for any breach rec'gnized to an-
of the peace, or other inferior misdemeanor, when committed in the
presence of, and taken notice of, by any judge or justice of the peace sence of justice
from his own view, it shall be the duty of the attorney general, or or judge,
other attorney prosecuting for the state, to prefer a bill of indictment,
and send the same to the grand jury, and proceed with a prosecution
50
38$ INJUNCTION.
thereon, although no prosecutor he marked on the back of said bill of
indictment.
1820, Ch. 9, § 1. (No indictment or presentment to be preferred
for assault and battery after twelve months. See Limitation.)
1820, ch. 13, j 2. (No prosecutor required on an indictment for
keeping a billiard table. See Gaming.)
1824, (Uh. 5, J 5. (No presentment or indictment for gaming to be
quashed for want of form. See Gaming.)
1831, Ch. 81, $ 2. (No prosecutor required on indictments for
violation of graves. See Criminal Proceedings.)
INJUNCTION.
18 01.—Chapter 6.
injunctions not Section 47. When actions of ejectment or caveats shall have been
toMdissoiv'din brought, and injunctions granted, such injunctions shall not be dis-
certain cases, but. attend the final determination of the cause.
181 7.—Chapter 119.
Section 1. When any injunction shall be obtained, to stay the
Judgt. to be collection of money on a judgment in any of the courts of this state,
"incf^^&sec- anc* same shall be dissolved on motion, or on the final bearing of
urity'Pon disso- the cause, it shall be the duty of the clerk of the court, in which the
lution^ofinjunc- said injunction shall be dissolved, or final decree rendered, to enter
tion* up judgment against the party obtaining the same, and his securities,
for the amount of the principal, inteiest and costs, and execution
shall issue as in other cases.
181 7.—Chapter 199,
Duty of shffig Section 7. It shall be the duty of the sheriffs of the several coun-
tions"^ toJunc* ties °f this state, to serve injunctions issued by the courts of equity.
18 21.—Chapter 7.
Injunction or Section 1. No injunction or supersedeas to stay proceedings on
■upenedeas not any judgment, shall hereafter be granted by any court or judge
to be granted thereof, unless the party applying therefor, shall in his bill or peti-
rtatVu^the 1st tion, state whether any former injunction or supersedeas, has been
application, granted to stay proceedings on the same judgment.
INSOLVENT DEBTORS.
381
1 8 2 5—Chapter 71.
Section 3. It shall be the duty of every judge of any of the courts Jadg, to seal
of this state, upon granting an injunction, and making v. fiat to any of up bill and fiat
the clerks of the courts having equity jurisdiction to envelope the ^T^beo^ned
same, and seal and certify the bill so enveloped and sealed, directed ai'nebyth'ci'rk
to the clerk of the court to which said fiat is directed, which enve- or deputy,
lope so sealed, shall be opened alone by the clerk or his deputy.
INSOLVENT DEBTORS.
constitution. art. i. sec. 18.
1 8 0 4.—Chapter 9.
Section 3. When any execution shall be issued by a justice of the persons taken
peace against the body of any person, on a legal judgment first had in virtu® of pto"
and obtained, then the officer executing the same, shall forthwith boTy^ou^ded^n
deliver the person arrested to the sheriff or jailor of the county in a judgment, &
which the execution issued, who is hereby commanded to receive all issu'dbyasingie
such persons and confine them in prison of said county, until the debt bTdisposed^of!0
and costs for which the said execution issued be paid and satisfied;
and the said sheriff or jailor shall in like manner receive the body of
each, and every person arrested by warrant for debt, who may fail or
refuse to enter into bond with security, agreeable to law.
1811.—Chapter 24.
Section 1. If any person or persons now are, or hereafter, shall
be taken or charged on 'mesne process or execution for any debt, How and in
and shall have remained in close prison by the space of ten t^eo'th°f
days, it shall and may be lawful for any two justices of the te'taken.7
peace, or any judge of the circuit court, either in or out of court,
or any county court, upon the petition or petitions of such pri-
soner, or under his or their hands and seals, whereof ten days
notice shall be given to the person or persons, his or their exe-
cutors, administrators, attorneys or agents, at whose suit such prisoner
or prisoners shall be imprisoned, to require the sheriff, jailor, or
keeper of any prison within their respective jurisdictions, to bring
before such justices of the peace, judge of the circuit court, or county
court issuing said warrant, either in or out of court, the body of any
person being in prison as aforesaid, together with a list of the several
writs, mesne processes and executions, with which he, she or they
is, or are charged in the several jails as aforesaid; which warrant
every such sheriff, jailor or keeper, is hereby commanded to obey,
and such prisoner or prisoners coming before the said justices or
388
INSOLVENT DEBTORS.
judges, or either of them, the creditor or creditors, if resident fn this
state, at whose suit he is confined, or their agents or attorney s, being
first personally summoned according to this act, if he, she or they had
no visible estate real or personal, and shall make oath before the said
justices of the peace, or judges of the circuit court, or justices of the
county courts respectively, issuing such warrant, that he hath not
the worth of ten dollars in any worldly goods or substance, either in
debts owing to him or otherwise howsoever, over and besides his
wearing apparel, working tools, and arms for muster; and that he
has not at any time since his imprisonment or before, directly or in-
directly sold, assigned or otherwise disposed of, or made over in trust
for himself or otherwise, any part of his real or personal estate,
whereby to have or expect any benefit or profit to himself, or to de-
fraud any of his creditors to whom he is indebted; and if there be
no person present that can prove the contrary, then, such person, by
such court or justice, without form of trial, shall be immediately set
set at liberty; but in case such person shall afterwards be discovered
to have sworn falsely, he shall be indicted for perjury, and if con-
victed, shall suffer- all the pains and penalties of persons guilty of
wilful perjury, and be furthermore liable to satisfy the debts ancl
damages in the same way as if he had not taken the benefit of this act,
and be rendered incapable of taking the benefit of this act forever
thereafter.
Troceedin s if ^EC* sa*^ jus^ces peace, justices of the county
out 'of BcourtSto courts, and judge qf the circuit court respectively, before whom such
be returned. prisoner or prisoners shall, upon oath, have discharged themselves,
when the proceedings are before them out of court, shall put the
same in writing under their hands, and return the same into the
court from whence the mesne process or execution issued, there to
be kept on record, under the penalty of twenty dollars for each judge
or justice, for such omission and neglect, to be paid to the person in-
jured, by order of said court.
Sec. 3. If any person or persons now are, or hereafter shall be
Surrender of taken or charged in mesne process or execution, for any sum, and
mde!h0Wt° bC *iave i'emained in prison by the space of twenty days, and shall
have any estate real or personal, and be minded to deliver up his, her
or their effects to his or their creditors, it shall be lawful for such
prisoner to prefer a petition to the court of the county, or to the cir-
cuit court of the county in which said prisoner is or may be confined,
setting forth the cause of imprisonment, and an exact account of his
or their estate, and all circumstances relating thereto; which peti-
tion, subscribed by him, her or them, and schedule, shall be lodged
with the clerk of the said court in which said prisoner may be con-
fined, twenty days at least, before the next succeeding court; and
upon such petition so filed, the clerk of the said court shall issue
under his hand and seal, a copy of said schedule, and a notice to the
creditor of creditors, his, her or their agent or attorneys, at whose suit
such prisoner or prisoners are or shall be confined, setting forth the
substance of the said .petition, and summoning of them to attend the
next succeeding court of said county or circuit, as the case may be,
to show cause, if any they have, why the prayer of the said petition
should not be granted; which notice, being duly served upon the per-
son or persons, his, her or their executors, administrators, attorney
or agent, at whose suit such prisoner or prisoners shall be imprisoned
ten days at least before the sitting of said court, the court shall order
INSOLVENT DEBTORS.
389
the prisoner or prisoners to be brought before them, and if the said
creditor or creditors, at whose suit he is imprisoned, shall appear, or
being duly summoned, shall fail to appear, the court shall proceed to
examine the nature of the said petition in a summary way, and shall
tender to such person an oath to the effect following :(a)
A. B. in the presence of Almighty God, solemnly swear (or
affirm, as the case may be,) that the schedule now delivered, and by
me subscribed, doth contain to the best of my knowledge and remem- Form of oath.]
brance,afull,just, true and perfect account and discovery of all the
estate, goods and effects unto me any ways belonging, and such debts
as are to me owing, or to any person in trust for me, and of all securi-
ties and contracts, whereby any money may hereafter become pay-
able, or any benefit or advantage accrue to me, or to my use,
or to any other person or persons in trust for me; and that
1, or any other person or persons in trust for me have not land,
money or stock, or any other estate real or personal, in pos-
session, reversion or remainder, of the value of the debt or debts
with which I am charged in execution; and that I have not directly or
indirectly sold, lessened, or otherwise disposed of in trust, or conceal-
ed all or any part of my lands, moneys, goods, stocks, debts, securities,
contracts, or estate, whereby to secure the same, to receive or expect any
profit or advantage thereby, or to defraud or deceive any creditor or
creditors to whom I am indebted in any wise howsoever.
SO HELP ME GOD."
Sec. 4. If such prisoner take such oath, and the court be convin-
ced of the truth thereof, the schedule so subscribed, being filed with
the clerk of the court aforesaid, for the better information of the ere- Debtor t0 be
ditors of such prisoner or prisoners, then and in that case it shall and djSCharged, and
may be lawful for the court before whom such oath was taken, by offic'r may plead
warrant to command the sheriff, jailor, or keeper of any prison, forth- thisact*
with to set at liberty such prisoner; which warrant shall be a suffi-
cient discharge to such sheriff, jailor or keeper, and shall indemnify
him or them against any escape or escapes, or any action or actions
whatsoever, which shall or may be brought, commenced or prose-
cuted against him or them by reason thereof, and if any such action
shall be commenced against any sheriff or other officer, for perform-
ing his duty in pursuance of this act, such sheriff or other officer may
plead the general issue, and give this act in evidence.
Sec. 5. All the lands, tenements and hereditaments, which shall
be contained in such schedule, for such use, interest, right or title, as
such prisoner or prisoners then shall have in the same, and also all Real estates to
goods and chattels whatsoever, in such schedule also contained, shall be sold & how.
be vested in the sheriff or sheriffs, of the county or counties wherein
such lands, tenements, hereditaments, goods and chattels shall lie, or
be found respectively; and such sheriff or sheriffs is, or are hereby
authorized, empowered and required to sell at public vendue, after
advertising the same in the nearest newspaper printed to the said
county or counties, and also at the door of the court house of the said
county or counties, at least fifteen days before such sale, the time
(a) Under this act and that of 1324, ch. 17, an insolvent debtor, taken upon a ea. sa. may appear in court,
deliver a schedule of his property, and be discharged, although he may have sold a part of the property after
service of the ca. sa., and execution of the bond, to appear at court. 5 Yerg, 417.
2. From the decision of the court discharging an insolvent debtor, no appeal or writ of error lies: Same.
4 Yerg, 475.
390
INSOLVENT DEBTORS.
and place thereof, and convey the same to any person or persons
whatsoever, for the best price that can be got for the same; and the
moneys arising by such sale or sales, shall be by such sheriff or she-
rifis, or other officer or officers, upon oath, paid into the hands of the
clerk of the circuit court of the county where such prisoner or pri-
soners shall be confined, for the uses and purposes hereafter men-
utensils and ft°nedj saving to every such prisoner his or her necessary apparel,
apparel exc'pt'd farming tools and utensils of trade, so far as may be necessary to
carry on the same.
Claims of ere ®EC' jU(%e cirGiiit court shall appoint two commis-
ditomtobe exa- sioners, who shall have full power to examine into the claims of all
mined, and singular the creditors of the person or persons imprisoned, as
well those at whose suit he was committed, as of all others; and the
said commissioners shall, by advertisement at the court house of the
county where such prisoner or prisoners be confined, and in some
public newspaper nearest said county, make known the time >at
which they propose to make an examination of such claims, (which
shall be within sixty days after their being appointed), and upon
such creditors, their executors or administrators, agents ot attorneys,
appearing before them and satisfying them of the justice of their
claims, they shall proceed to make distribution amongst each and
every of the creditors so appearing, in proportion to their respective
demands; and the clerk of said court is hereby directed to pay such
moneys, so received, upon the sale of such insolvent's estate, into
the hands of the said commissioners for the purposes aforesaid.
Sec. 7. The person of such debtor, so discharged, shall never be
Exemption, arrested on final process for the same debt, nor shall the body of
such debtor ever be liable to be taken in execution for the satisfac-
tion of any debt actually due at the time of said discharge; and
where any person has removed to this state from any other, and has
become a citizen here, and suit shall be commenced against him in
this state for debts contracted in the state from which such person
shall have removed, if such person shall make it appear to the satis-
faction of the court in which such suit is or may be brought, that he
other states'1 ln delivered up all his property for the use and benefit of his credi-
tors, previous to his removal from said state, in as ample a manner as
by this act he would have to do in this state; then and in that case,
he shall not be liable to be imprisoned for said debts, but shall have
the same benefit under this law, as if said surrender of property had
Proviso, been made in this state by virtue of this law: Provided, That no-
thing herein contained shall be so construed as to debar creditors
from obtaining judgments, and issuing executions against any pro-
perty said debtors may afterwards acquire.
Notic Sec. 8. When the party at whose suit or instance any debtor shall
0 ce* be confined in execution, does not reside in this state, nor hath any
known agent or attorney here, it shall and may be lawful and suffi-
cient for such insolvent debtor to give notice of such his intentions,
to take the benefit of said act for relief of insolvent debtors, to the
attorney at law who prosecuted the suit against him; and also, where
the debtor shall have remained in execution for the space of twenty
days, it shall be lawful and sufficient for the sheriff or jailor in the
like cases, to give notice thereof to the attorney who prosecuted- the
suit, and to demand security of him for the prison tees that shall arise
after the expiration of twenty days; and if he shall fail or refuse to
give such security, then to discharge such debtor out of custody.
INSOLVENT DEBTORS*
391
Sec. 9. If at any time hereafter, any person being taken or charg-
ed on mesne process or execution, shall not be able to satisfy or pay
his or her prison fees, and shall, after the expiration of twenty days*
be charged by the creditor, the sheriff or jailor may demand and
recover of the party or parties at whose suit such insolvent person
shall be imprisoned, all such fees as shall become due on account of
such imprisonment.
Sec. 10. If any person who shall take such oath, shall upon indict-
ment for perjury, be convicted thereon, such person or persons shall
suffer all the pains of wilful perjury, and shall be liable to be taken
on a new process, and shall never after have the benefit of this act:
Provided, nothing herein contained shall be so construed as to enti-
tie any person who is allowed the prison bounds, to the benefit of
this act.
Sec. 11. It shall be the duty of any judge or justice of the peace,
as the case may be, upon application of the creditor or creditors of
any prisoner or prisoners, or their agent or attorneys, to grant or
issue such process by subpoena or otherwise, as may be necessary, to
compel the attendance of their witnesses, if any such should be neces-
sary upon the examination of such prisoner or prisoners, and all sheriffs
or other officers, are hereby required to execute the same; and such
witnesses shall be bound to obey the same, under the same penalties
and forfeitures that witnesses in other cases are liable to; and in all
cases the judges and justices of the peace are hereby authorized to
enter up conditional judgments for such penalties as witnesses in
other cases are liable to, and make return thereof to court, to have
final judgment entered thereon, after a writ of scire facias has issued,
and which shall have been, returned served, on such conditional judg-
ment, unless sufficient cause can be shown why such judgment shall
not be entered.
Prison fees.
Penalties,
Proviso.
1812.—Chapter 25.
Section 1. Whenever any person or persons are confined in close Prigon bounds
prison, in any county jail in this state, for any debt or demand for allowed to per-
which he, she or they may be entitled to the benefit of the insolvent sons entaied^to
law, it shall be the duty of the sheriff, coroner, or any other officer, ja^% 11180 ven
as the case may be, of the county, to take and receive good and
sufficient security for the prison bounds, when tendered by any
debtor or debtors who may be confined in any of the said jails in this
state.
Sec. 2. Any debtor or debtors, who are confined by virtue of any
process, or who have been surrendered by their securities to court, Per8.'na arresfd
or to any officer out of court, or when the debtor or debtors surrender baiifa^so to take
him or themselves to court, or to any officer out of court, and are prison bounds,
confined to close prison, such debtor or debtors shall be entitled to
the prison bounds prescribed by law for said jail, on giving good and
sufficient security.
Sec. 3. It shall be the duty of the sheriff, or any other officer hav- sheriff to take
ing the custody of any debtor or debtors, to take security from any security when
debtor or debtors for the prison bounds, when tendered before he or tendered-
they are put in close prison.
Sec. 4. It shall and may be lawful for any person or persons, who
now are confined, or who may hereafter be confined in any jail in
392
INSOLVENT DEBTORS.
this state, by virtue of any judgment, sentence or decree of any court
fined6™ jaUfor or ju(^8'e thereof, for the payment of the costs of any prosecution, or
costs, to be re- suit in any of the said courts, or who may be detained in prison by
lieved by inBoi- the judgment, sentence or decree of such court, upon a conviction for
vent law. any offence, the punishment of which shall be either in whole or in
part, the imprisonment of their persons, shall, after the time men-
tioned in said judgment, sentence or decree, in each and every such
case be permitted, and they are hereby authorized to take the benefit
of the act of 1811, ch. 24, to which this is a supplement, in the same
manner as is prescribed for persons confined by any civil process, on
Notice to the g^ingto ^e solicitor general for the circuit, if it be the judgment of
solicitor general, the circuit court, or to the county solicitor, where his confinement
may be by virtue of a judgment of the county court, ten days notice
Proviso. of such his intention: Provided, nothing in this act shall be so con-
strued as to relieve debtors from close confinement within the walla of
the jail, previous to taking the oath of insolvency, as heretofore re-
quired by law.(&)
181 7.—Chapter 16.
Benefit of pris'n Section 1. Whenever any person shall be arrested upon any pro-
rules -extended cess of execution issued by any justice of the peace, or by any ccurt
to debtors, and af law or equity, and shall be committed to jail, such person shall be
on whatterms. entjtled to benefit of the prison rules of said county, which shall
be established by the court of said county, upon giving bond, with
sufficient security, in double the amount due upon such execution,
payable to the officer into whose hands such execution shall be
placed for collection; and if such execution shall have issued from a
justice of the peace, or from the county court, such bond shall be re-
turned into the office of the clerk of the circuit court of the county in
which such judgment shall be obtained; and if the same shall have
issued from any other court, the said bond shall be returned by the
officer taking the same, into the office of the clerk of the court from
which the execution issued; the condition of which bond shall be that
the debtor, in said execution, shall well and truly keep within the
Proceedings on prison rules established and laid off by the court of the county, until
breach of bond he shall have paid and satisfied the said debt, interest and costs, or be
for prison b'nds. discbarged by due course of law; said bond shall be assigned by the
officer taking the same, to the plaintiff in said execution, and if any per-
son after entering into bond and security as aforesaid, shall escape out
of the bounds or prison rules of said county, before he shall have paid
the debt, damages and costs, or without being discharged by due
course of law, it shall be lawful, and full power and authority are
hereby given to the court, where such bond is lodged, upon motion of
the plaintiff in said execution, to enter up judgment, and award execu-
tion against such principal debtor, and his securities, for the principal
judgment, and all interest and cost thereon, and on such judgment no
person shall he entitled to the benefit of the prison rules: Provided
That before entering up such judgment on said bond, ten days previous
notice in writing shall be served on such obligors: Provided also,
(6) When a defendant has been fined in a state cause, and ordered into custody, until the fine and costg
are paid, or secured, and he fails to give security to appear at the next term, and render a schedule, &c. lie is not
entitled to take the oath of insolvency, without giving ten day's notice to the attorney general. The judg-
ment operates as a ca. so. 5Yerg.368, 2 Yerg. 247, 5Yerg.l86.
INSOLVENT DEBTORS.
393
That if the principal debtor shall have removed or have absconded
from the country, personal notice need not be served on him.(c)
Sec. 3. All persons, as well those who have been in close prison, as Wh0 entitle4
those who have taken the prison bounds, are hereby declared to be to benefit of in.
entitled to the benefit of the laws made for insolvent debtors. solvent laws.
Sec. 4. (If jailor's fees are not paid by plaintiff, prisoner may be
discharged. Repealed by 1823, ch. 36.)
Sec. 5. Where the jailor shall have discharged a prisoner for the Execution to
cause mentioned in the preceding section, it shall be the duty of the i93Ue f°brt^e4*fln
tribunal from which the process issued upon which such imprison- charged fo°rtheir
ment took place, upon application of the jailor, to award judgment non-payment:
and execution against the plaintiff, who caused such imprisonment,
for the full amount of fees due for such imprisonment.
Sec. 6. Where a plaintiff shall have paid the fees to a jailor, either rec^ver feL
voluntarily or by compulsion, he shall be entitled to receive and col- with othe/costs
lect such fees in the same manner, and at the same time that the
other costs are received and collected of the defendant.
1823.—Chapter 36.
Section 1. Where any prisoner has been or may be committed to jailor's fee*
jail, upon any mesne or final process in a civil cause, it shall be the tobepaidbypi'ff
duty of the plaintiff in such cause, at the expiration of each and every otherwise dprte*
term of fifteen days, to pay the jailor in whose charge such prisoner oner may bedis-
may have been, the full amount of his fees for the fifteen preceding charged,
days, and upon his failing to make such payment, it shall and may
be lawful for such jailor to discharge and set at liberty every such
prisoner, (d)
1824.—Chapter 15.
Section 1. When any citizen of another state or territory, by him- Pi'ffs of ano-
self, agent or attorney, shall cause to be committed to prison, upon ggcuH^Vo0 fau°
any mesne or final process, for debt, the body of their debtor or debt- ora^for prison
ors, such person or persons, his agent or attorney, shall give to the fees,
keeper of the prison, or jailor, bond and security, conditioned for the
amount of the fees which may be due such jailor, or keeper of prison,
for the safe keeping of such debtor or debtors.
Sec. 2. When any citizen of this state against whom execution has of this state
been returned, no property found, and such person or persons shall to give like se-
cause to be committed to any jail within this state the body of their in certaia
debtor, such person or persons shall give bond and security to the
jailor, for the fees which may accrue by such imprisonment, as di-
rected by the first section of this act,* and no jailor shall receive or
confine the body of any debtor in cases aforesaid, until the said bond
shall be executed.
(c) No motion will lie on a prison bounds bond, unless the condition is in conformity with the requisitions
of this act. 4 Yerg. 155.
(d) The jailor upon notice to the plaintiff, at the end of fifteen days, may'discharge the prisoner, if the prison
expenses are not paid, and such discharge is a release of the securities. 1 Yerg. 85.
51
3?4
insolvent debtors.
18 2 4.—Chapter 17.
Sheriff may Section 1. Whenever the body of any debtor shall be taken in exe-
appearance fof cut^on i*1 any final process issued by any of the courts of record in
debtor taken [by this state, it shall be the duty of the officer serving such process, to
c<t, *«. take bond, with sufficient security, if tendered, for the appearance of
such debtor at the next circuit court of the county in which he resides,
then and there to make payment of the moneys called for in said pro-
cess, or to take the oath of insolvency, or make a surrender of his
property, as prescribed by the laws of this state, (e)
Court may ad- Sec. 2. On the return of said process and bond, as required by the
minister the oath fjrst section of this act, it shall be the duty of said court, on the ap-
o mso vency. plication, of such debtor, to administer the oath of insolvency under
the same rules, regulations and restrictions, as authorized by the law
now in force and use in this state, so far as the same is consistent
with the provisions of this act.
On failure of Sec. 3. If such debtor shall fail to appear at the court to which
*r*nce. c'r* said process is returnable, or to take the oath of insolvency, or make
ment.erUPJU S" a full and fair surrender of his property and effects, of every descrip-
tion, in such manner as such court shall direct, then, and in such
case, the said court shall be, and are hereby authorized to enter up
judgment, on motion, against said debtor and security, for principal,
interest and cost, on said process, and execution shall issue thereon
as in other cases.
Property sur- Sec. 4. Any property which may be surrendered under the pro-
BoWb"sheriff6 v*s*ons^isact> so^ ky te sheriff,or other officer of said
bo y s ier . courj. jn same way as jf the same was levied on by execution.
from ^Tustkes Sec. 5. Whenever such final process is issued from a justice of the
same as from Peace> the same, and the body taken thereon, as contemplated by this
courts; act, shall be returned to the next circuit court, when the same pro-
ceedings shall be had as is above provided, when such process issues
from a court of record.
182 5. Chapter 57.
Bonds taken Section 1. Where bonds may be taken in pursuance of the pro-
by sheriff to be visions of the act of 1824, chap. 17, for appearance of any person or
plaintiff.yable t0 Persons at court, it shall be the duty of the sheriff or other officer tak-
ing the same, to have them executed to the plaintiff or plaintiffs at
(e) Under this act and that of 1825, ch. 57, when the ca. sa. is executed, the bond mutt be conditioned for
the appearance of the party at the court from which the writ issued, and to which the same is returnable, and
returned with the writ—and not to the court of the county where the defendant resides. 1 Yerg. 411.
2. If the bond be substantially correct, the court will not discharge the defendant on motion. Same.
3. Where a ca. sa. is executed ou a defendant, and he gives bond and security, as required by this act, he
may take the oath of insolvency, without any other notice than the bond. 1 Yerg. 493.
4. When the defendant discharges himself by taking the oath, the costs cannot be taxed against the
plaintiff. 4 Yerg. 16. 4 Yerg. 475.
5. When the record does not show, that the defendant either paid the debt, surrendered his property, or
took the oath of insolvency, judgment against the defendant and his securities is proper, 4 Yerg. 166.
6. A judgment against the principal and securities in a ca, sa. bond, may be rendered at the first term to
which the bond is returnable, subject nevertheless, to be set aside upon the principal coming in at any period
Of the term, and complying with the conditions of the bond. 4 Yerg. 306.
7; If the judgment be not rendered at the return term, it may be rendered at the succeeding term. Same.
8; The ea. sa. bond must recite the ca. sa. and the parties to the judgment, or it cannot be enforced. 4 Yerg.
582.
INSOLVENT DEBTORS.
395
whose instance and for whose benefit, the execution may have issued
and the bonds so taken, shall be preserved by said sheriff or other
officer and be returned by him to the next term of the court from
which said execution may have issued, to be proceeded on according
to law. (e)
1833.—Chapter 36.
Section 1. When any estate of any person deceased shall be in- if intestate di« -
solvent, or which may be suggested to the proper authority to be in- insolvent, adm'r
solvent by any creditor, which suggestion shall be in writing and credit^tTbrin0
signed by the party, it shall be the duty of such authority to make an hTciaims.°
order on the person to whom administration may be granted, or who
may be authorized to execute the last will and testament of such de-
cedent, to give notice by advertisement in some newspaper published
within this state, and also at the court house door in the County, for
all persons having claims against said estate to appear and file their
claims, on or against a day to be fixed by such notice, which claims,
when filed shall be authenticated in the manner prescribed by law.
Sec. 2. On the claims being filed against the estate of any dece- Scheduletob#
dent, as provided for by the first section of this act, it shall be the duty filed*
of the authority with whom the same are filed, to make an order on the
administrator of said estate, that on or before a day to be appointed
in such order, he, she, or they shall file with said authority a true and
perfect schedule of the amount of said estate, consisting of the avail-
able funds, choses in action, and other effects, including the real es-
tate, and on such schedule being filed, it shall be the duty of the au-
thority aforesaid, to appoint three disinterested persons to make dis-
tribution among the creditors of the estate pro rata, which distribu-
tion, when made, shall be signed by the commissioners, and filed, and
be conclusive evidence as to the amount due each creditor in satis-
faction of his claim.
Sec. 3. When the schedule filed shall contain any real estate, Real estate to
said real estate may be sold, on the petition of the executor or admin- tion of admin^-"
istrator, exhibiting a succinct statement of the facts, to be filed in the trator.
circuit court of the county in which the administration or letters tes-
tamentary are granted, and after the payment of costs, the proceeds
thereof shall be applied in the same proportion to the satisfaction of
claims, as has been the money and personalty of the decedent under
the provisions of the second section of this act.
Sec. 4. It shall be the duty of commissioners as provided for in this What debts
act, first, to deduct from the whole estate, any fees due in the admin- and expenses to
tration thereof, claims for funeral expenses, debts or arrearages due bc pre erre *
to this state, and such articles as are now by law exempt from execu-
tion, if such belong to the estate, and make a distribution pro rata,
of the balance of the estate.
Sec. 5. All proceedings provided to be had under the provisions Proceedings to.
of this act, shall be had before the clerks of the county courts, or bfer^sa e or"
their legally appointed deputies, who shall be deemed and are here-
by appointed the authorities before whom the proceedings shall be
had.
Sec. 6. The authority herein appointed, shall have full power to Oath to bead-
administer to the commissioners, an oath, honestly and impartially to minferered to
execute the duty assigned to them; and that no action brought, judg- C0mml6S onw •
396
inspection and inspectors.
ments, bills single, or note of hand, shall have precedence over un-
liquidated accounts, which shall be presented and filed, authenticated
as required by this act, but that all such claims be acted upon as be-
ing of equal grade.
Petition to be Sec. 7. Every petition filed under the provisions of this act may
heard first term. be heard, and an order made thereon at the first term, unless good
cause for a continuance appear to the court, and on making sale
thereof, in pursuance of the order, such notice shall be given as is
now required by law of sales under execution, and such notice shall
be given, calling on persons to file their claims as may be proper in
the case, not less than three, nor more than six months.
Fraudulent Sec. 8. If it should so happen, that the suggestion of the insolvency
•uggestion. 0f any estate should be made falsely and fraudulently by any person,
and on a distribution of the estate amongst the creditors, a balance
of the estate shall remain to be distributed among the heirs or distrib-
utees, such distribution shall be made by the administrator or execu-
tor, as is now pointed out by law; and the person filing the sugges-
tion, shall be subjected to all costs arising to the estate thereby, to
be recovered on motion of the administrator or executor in the coun-
ty court, and as evidence of the facts, the certificate of the clerk
may be produced and read.
Compensation Sec. 9. On a settlement of an estate, the receipts of claimants as
ofcommission'rs provided for in this act, shall be received and allowed as vouchers for
the administrator or executor. The commissioners shall be allow-
ed compensation not exceeding one dollar per day, and the clerk for
services in receiving and recording the proceedings and making or-
ders, such fees as are usual in similar cases.
Of contesting Sec. 10. The administrator or executor may contest the validity
claims. cf any claim presented, and urge any defence against the same avail-
able in law or equity, and should judgment be had by the claimant,
it shall be paid in the same proportion as other claims, and any
claims not filed on or before the time fixed, or before an appropria-
tion of the funds of the estate is made, such claim shall be forever
barred both in law and equity.
Sec. 11. When any executor or administrator shall ascertain that
the estate committed to hie charge, is insolvent, he or she shall be
bound in duty to make suggestion thereof, and have the same proce-
dure thereon, as provided for in this act.
INSPECTION AND INSPECTORS.
17 9 9.—Chapter 45.
Section 4. Every inspector of tobacco shall take the following
oath:
"You shall swear, that you will diligently and carefully examine
and view all tobacco brought to the place of inspection where you are
Insolvent es-
tites.
Form of in.
•pector's oath.
INSPECTION AND INSPECTORS.
397
appointed inspector, and that not separately and apart from your
fellow, but in his presence, and that you will not receive or pass any
tobacco that is not in your judgment sound, well conditioned, mer-
chantable and clear of trash, nor receive, pass, or stamp any tobac-
co hogshead or casks of tobacco contrary to the true intent and meaning
of this act, nor refuse any tobacco that in your judgment is sound,
well conditioned, merchantable and clear of trash: But that you will
in all things faithfully discharge your duty as inspector of tobacco,
according to the best of your skill and judgment, and according to the
directions of this act, without favor, fear, affection or partiality.
SO HELP ME GOD."
Sec. 5. It shall be the duty of said inspectors to attend at the Duty of in-
place for which they shall be appointed, whenever they shall be de- s?®?*ors aatstenld°
sired so to do; and for every neglect to attend, shall forfeit and pay Inland penalty
to the party grieved, two dollars, or shall be liable to an action on the on failure,
case at the suit of the party grieved, to recover all such damages as
he or they shall have sustained, by occasion of any such neglect, to-
gether with his or their full costs, at the election of the party.
Sec. 6. That all persons having tobacco at the public ware-houses, to keep books
may have equal justice, the inspectors shall enter into a book kept and enter the
for that purpose, the marks and owners' names of all tobacco brought °^a"J
to their respective ware-houses for inspection, as the same shall be tobacco, &c.
brought in, and shall view and inspect the same in due turn, as it
shall be entered in such books without favour or partiality, and no in-
spector shall by himself, his servant or any other person either direct-
ly or indirectly, be concerned in picking any refused tobacco, unless
it be his own property, on any pretense whatsoever, under the penal-
ty of being forever thereafter disabled from holding the office of in-
spector.
Sec. 7. All stemmed tobacco not laid straight, whether the same Dimensions of
be packed loose or in bundles shall be accounted unlawful tobacco; hogsheads,
and no tobacco packed in hogsheads which exceeds fifty-two inches
in the length of the stave, or thirty-six inches at the head within the
coarse, making reasonable allowance for pressing, which allowance
shall not exceed two inches above the guage in the prising head, shall
be passed or received; but the owner of such tobacco packed in casks
of greater dimensions than before expressed, shall be obliged to re-
pack the same in sizeable casks at his own charge, before the same
shall be received or stamped by the inspectors.
18 01.—Chapter 5.
Section 1. No hog's lard, butter, hemp, flour or kiln-dried meal Hog's lard, $e.
shall be exported from this state, till they be inspected under the regu- n°t t0,b® export-
. ,. , 1 . n , r, . 5 ~ ed without in.
lations here matter mentioned. And the justices ot every county apection,
court are hereby authorized and required, if to them it shall appear
necessary, at the first or second courts to be held in each of the said
counties, after the passing of this act, or at any other court thereafter
to nominate and appoint in open court, one or more fit and proper
vf . . r ' ... . . x County court
persons, not exceeding six in one county, residing in said county, to may appoint 6
attend at such times and places as are by this act appointed and direc- inspectors in
ted, to inspect all such lard, butter, hemp, flour or kiln-dried meal, as ®a°b officTdur*0
shall be exposed to sale, for exportation, according to the directions good behavior! 8
of this act; and every person so appointed, shall hold his office during
398
INSPECTION AND INSPECTORS.
Oath. good behavior; and before he enters upon the execution of that office,
shall make oath before the justices of his county court, carefully to
view, inspect and examine, when required, all lard, butter, hemp,
flour and kiln-dried meal, and to the best of his skill and judgment,
not to stamp or mark any of the above mentioned articles unless they
be good, clean, sound, merchantable, and of the weight or guage
by this act directed, and faithfully to discharge the duty of his office
without favor, affection, prejudice, or partiality. And each inspec-
tor so appointed shall, before he enters upon or executes the duties
of that office, enter into bond with two good and sufficient securities, in
court to take the penalty of one thousand dollars, for the true and faithful discharge
bond of $1000 to of his office agreeably to the directions of this act; which bond and
the governor, &c securities every such court respectively, is hereby empowered and
required to demand and take, and cause to be acknowledged in open
To be recorded, court, and recorded; and the said bond shall be made payable to the
governor, for the time being, and his successor in office, and shall be
in force for the term of three years after such inspector shall be out
of office; and in the name of the governor, any person or persons in-
edPma0nsue*on jure(* may an(* shall, at his, her or their costs and charges, commence
bond!ay SUC °n and prosecute a suit or suits on such bond against the parties therein
bound, their executors or administrators, and shall and may recover
all damages which he, she or they may have sustained, by reason of
the breach of the condition thereof; and the said bond shall not be-
Not void on come vo^ upon the first recovery, or if judgment be given against the
first recovery.011 plaintiff or plaintiffs who may sue on such bond, but may be put in
suit and prosecuted from time to time for the benefit of the party or
parties injured, until the whole penalty expressed in such bond shall
be recovered; Provided, that if any such verdict or judgment shall
castTo pay dou^ Pass ^or suc^ inspector or his security, the person or persons at whose
bie costs. instance such suit shall have been prosecuted, shall pay double costs.
Court may dis- $ec. 2. The county courts of the respective counties shall
ciiarge inspector be, and they are hereby authorized and empowered, at any
on complaint in time, to discharge any inspector from his said office who shall act
day4nnotice.ten contrary to his duty therein; the party complaining giving ten days1
previous notice, in writing, of the complaint against him with the
particulars thereof; and at the death or on the disability of any
of them, to appoint another to succeed such dead, disabled or mis-
ciesU-PP y vacan" behaving inspector. And if such death happen in the vacation of
or 3 'ustices be suc^ court> ^ then be lawful for any three justices of such court
tweenUcourts, ° to nominate and appoint some other fit or proper person as inspector,
until the next succeeding court for such county; or if any inspector
or sick inspec. shall be rendered incapable of performing his duty by sickness or
tor, 3 justices to other accident, it shall then be lawful for such inspector, by and with
m the consent of three justices, to appoint some other person as an as-
sistant during said inspector's disabilty; which consent shall be cer-
tified under their hands and lodged with the clerk of the county court
in which such inspector resides; and the person so appointed shall
take the same oath as inspectors appointed by the courts; and the in-
spector shall be liable to the same fines and penalties for the said as-
sistant's bad conduct and misbehavior as he is liable to for his own.
inspectors to ®EC* Every inspector shall give his attendance when he may
attend, inspect, be required, and shall provide an iron to brand any of the commodi-
brand, stamp, ties, bearing the name of the inspector and his place of residence,
*e' and shall attend to the weighing the commodities he may inspect, as-
appoint one
bis place.
Oath, #c.
INSPECTION AND INSPECTORS.
399
sistants being found by the owner, and he shall also provide proper
scales and steelyards of the lawful standard for that purpose. And
if any inspector shall neglect his duty or brand, stamp or mark any of .^®nalty f°*
the commodities contrary to this act, or brand any empty barrel, or branding or
lend his brand to any person whatever, he shall forfeit and pay for lending t brands,
every barrel of lard, flour, or kiln-dried meal, or bale of hemp, or &c>
vessel containing butter, the sum of twenty dollars j and for branding
any empty barrel or lending his brand, two hundred dollars, to be re-
covered with costs, by action of debt, by and for the use of any per- Penalty on o.
son who shall sue for the same, before any jurisdiction having cogni- Rectorthbrand"
zance thereof; and every other person or persons that shall, by any jng) S;c.
Ways or means, brand, or procure to be branded, stamped or marked,
any of the aforesaid commodities, than by the inspector and his as-
sistants, he or they so offending shall forfeit and pay, for every offence
the same fines and penalties as inspectors are by this act liable to
pay for breach of duty or misbehavior.
Sec. 4. No cooper or other person furnishing casks shall expose to coopers selling
sale any barrel or half barrel for the holding of butter or lard, flour barrels, #c. not
or kiln-dried meal, other than such as are by this act directed to be p°n*£y af each'
made for that use, under the penalty of two dollars for each; and
every cooper or other person making barrels or half barrels, before to brand, and
they expose the same to sale, shall set his or her proper brand upon t0 record his
the same, which brand shall be recorded in the office of the cleric of brandmc,tyc'r,;
the county court, where he or she may reside, under the penalty for
each and every neglect, of twenty dollars.
Sec. 5. Every inspector shall keep a book, in which shall be fair- inspectors to
ly entered, the maker's name and mark of every barrel, half barrel, keeP b00k> etc>'
bale or package inspected, the number of barrels, half barrels, bales
or packages of the same mark, and the name of the merchant or ex-
porter causing the same to be inspected, and the time of inspection, Enter etc.;
and shall give a certificate to any person requiring the same on pay- give certificate,
ment of twenty-five cents.
Sec. 6. No lard, butter, flour, or kiln-dried meal shall be put on if not shipped
board any boat or other vessel for exportation, after the expiration of in 60 days after
sixty days from the time the same was inspected, until the same shall jnsPecti°n t0 be
have undergone^ a second inspection, and a certificate or certificates p^naityonoffen-
granted in the same manner as if such commodities had never been ders and masters
inspected, any thing herein contained to the contrary notwithstand- ofboats-
ing; and every person offending herein, shall forfeit one thousand
dollars; end the master or commander of said vessel or boat shall be
liable to the same penalty as for taking on board any of the said com-
modities without being branded.
Sec. 7. Every vessel containing lard or butter shall be filled with cask [of iard
such of those articles as are sound, good and merchantable, and after or butter to be
inspected, the same shall be branded by the inspector as aforesaid, ®"ed' certified>
and a certificate thereof given to the owner, bearing da te in words at
length, the same day such commodity was inspected and passed.
Sec. 8. Every seller of lard, butter, flour, or kiln-dried meal, or Sellers to make
hemp, packed or filled in this state, and stamped or branded, shall oath that Y,?at
make oath before a justice of the peace, at the time of the delivery jSthe same6 that
of the goods sold or exported, that the several barrels by him sold or was inspected,
exported are the same that were inspected and passed, and do contain &c-
the full quantity without embezzlement or alteration to his know- Penalty for
ledge. And every person taking a false oath, and being lawfully false oath,
400
INSPECTION AND INSPECTORS.
convicted thereof, shall suffer the pains and penalties inflicted on per-
|l50*u> person sons gui'ty °f wilful and corrupt perjury, and moreover shall forfeit
suing, and pay the sum of one hundred and fifty dollars, to be recovered by
any person or persons suing for the same, to his or their use.
Feestoinspec- Sec. 9. The inspector or his deputy shall have and receive for
tor or his deputy viewing, searching and packing or re-packing, heading and branding
of every vessel containing lard or butter, four cents; for every bar-
rel of flour 01? kiln dried meal, four cents; and for every bale or pack-
age of hemp, six cents; to be paid by the person having the same in-
What to be re. spected; and it shall be his duty carefully to record, in a bound book
bound*book* ° f°r that purpose, the number, marks, brands and stamps, and the
names of the persons selling and shipping the same, and deliver a
copy thereof, certified by himself, to the purchaser or exporter,
inspector or Sec. 10. Said inspector or his deputy, on information made, or they
fn^tosearchRjr having just right to suspect that any person or persons having ship-
artkies'going to ped) or is about to ship for exportation, any of the articles mentioned
be shipped con- in this act, contrary to the true intent and meaning thereof, said in-
trary to this act Spector or his deputy shall have full power and authority, by virtue
of this act, and without any further warrant, to enter on board any
vessel or boat whatsoever, lying or being in any port or place in this
state, and into any house, store or places whatsoever, to search for or
make discovery of any of the said articles shipped or intended to be
shipped for exportation; and if the owner or possessor, or their ser-
vants, or others, shall deny him or them entrance, or if the said offi-
cer or his deputy shall be any way molested, making such discovery
as aforesaid, or if such merchant or owner shall refuse to permit the
said officer or his deputies to view or examine any of the inspect-
able commodities aforesaid, or not permit him or them to brand or
Penalty for mark the same, if merchantable, according to the direction of this act,
tor25 dollars^0" every Pers°n so offending shall forfeit and pay the sum of twenty-five
For shipping dollars; or if any person shall ship off any of the aforesaid commodi-
without being ties, not branded or marked as by this act directed, every such person
dollars each bale*, so °ffen(ling shall forfeit and pay the sum of two dollars for every
or cask. ' barrel or other vessel, or package, or bale, so shipped.
Tennessee to SEC. H, The word Tennessee shall he branded on each barrel or
be branded. 0ther wooden vessel in which any articles passing inspection are ship-
ped, the letters of which shall be at least one inch long; and the said
word of the same size, shall be marked on each bale or package of
Penalty for hemp,'by the inspector; and if any person or persons counterfeit
counterfeiting, said brand or mark, he, she or they, being legally convicted thereof,
500 doiiiars. shall forfeit and pay the sum of five hundred dollars for each offence.
Flour % meal Sec. 12. All wheat flour, or kiln-dried meal shall be well bolted,
how to be. and shall be made by the miller or manufacturer thereof, merchant-
able and of due fineness, and without any mixture of other or coarser
flour or meal; and all casks in which said flour or meal shallbe packed
Dimensions of for expectation, shall be well made, of good seasonable materials,
casks. tightened with ten hoops sufficiently nailed, with four nails in each
chime hoop, and three nails in each upper bilge hoop, and shall be of
the following dimensions, to wit: the staves shall be twenty-seven
inches in length, and the heads of seventeen inches and a half in di-
ameter; and for half barrels the staves shall be twenty-three inches
in length, and the diameter at each head, of twTelve inches and a half.
196nibsaCflourr98 ®EC" Every packer of flour or kiln-dried meal shall put into a
in half barrel, barrel the full quantity of one hundred and ninety-six pounds of flour.
INSPECTION AND INSPECTORS*
401
and into every half barrel the full quantity of ninety-eight pounds of
flour; and if any one of them shall put a smaller quantity of flour
than is herein directed, in any cask, he shall forfeit, for the deficiency
of every pound under three, eight cents, and for the deficiency more
than three, seventeen cents; and casks in which kiln-dried meal is
intended to be exported, shall be filled and the weight marked there-
on. And the inspector or his assistant, upon suspicion and at the re-
quest of the purchasers, shall, and he is hereby required to unpack
any cask of flour or meal and ascertain the quantity of the same, and
if deficient, the charges arising from the same, as well as re-repack-
ing, shall be paid by the person selling the same, and shall moreover
be subject to the penalty of fifty cents for each cask proving deficient.
Sec. 14. The inspector of flour or kiln-dried meal shall inspect
the same by boring through the head with an instrument not exceed-
ing half an inch in diameter, to be by him provided for that purpose;
and if he shall judge that the same is well packed and merchantable,
according to the directions of this act, he shall plug up the hole and
brand the cask in the quarter, with the name of the place at which he
is inspector, with a brand-mark to be provided by him for that pur-
pose, and shall also brand and mark the degree of the fineness which
he shall on inspection determine said flour to be of, which degree shall gu erfine mid_
be distinguished as follows, to-wit: superfine; middling; ship stuff, diing, ship-stuff.
For which trouble he shall have and receive of the owner of such Fee 3 c'ts per
flour or meal, the sum of three cents for each cask; and no inspector cask*
shall pass any flour which is not merchantable, but shall mark on the
cask condemned. And if any person lade on board any boat or ves- Condemned,
sel any flour marked condemned, or any casks or barrels not inspect- tin^onVrd
ed or branded as aforesaid, he shall forfeit and pay ten dollars for each condemned, etc.,
and every such cask or barrel; and if any person shall pack, for ex- $io a cask, or
porta-tion, any flour in old casks which have been branded before, such p*g£Jn|tcin
person, for every such offence, shall forfeit and pay the sum of twen- cask!' 6 °"
ty dollars for every cask or barrel so packed, to be recovered before
any justice of the peace in the county in which such offence shall be
committed.
Sec. 15. Inspectors of hemp, shall not be concerned in mercantile InspectorB of
or rope making business; and it shall be their duty carefully to inspect hemp, nut to be
and examine all hemp when called on at the different places of in- merchants or
spection, carefully separating that which may be strong, dry and rope makers;
sound, from that which may be unsound and unfit for exportation, and
when so separated, shall be distinguished in the note by him given, in
the manner following, to-wit: All that which shall appear clean,dry How to inspect,
and well conditioned, shall be termed first quality, and that which
shall appear dry, strong and well conditioned, though not perfectly
clean, shall be termed second or third rate, according to the cleanness
of the same, but if it shall appear upon the offering any dry hemp for
inspection, that it contains so great a quantity of trash, or is unsound
so as to render it unfit for manufacturing or exportation, the inspector
shall not give his note for the same, but the owner may dispose of it
as he thinks proper.
Sec. 16. Said inspector shall receive for his services for every gross Fee ^ pr ton>
ton, the sum of one dollar, and every ton by him refused, the sum of on refused SO
fifty cents, and so down in proportion, to be paid on delivering the centB"
note or by the person whose hemp may be refused.
Sec. 17. All hemp sound and merchantable, distinguished as above
52
Penalty.
Cask of kiln-
dried meal to be
full # the w'ght
mark'd.
Inspectors in-
specting, to an.
pack and weigh
at seller's ex-
pense;
50 cts. penalty.
Manner of in.
specting. brand^j
ing and marking
402
INSPECTION AND INSPECTORS*
r Hemp bales to directed shall, when prized, have a label annexed thereto, stomped
be labelled. with the quality and weight of each bale and the owner's name,
which shall be entered in a book kept for^hat purpose, and he is here-
by required to give a certificate for all hemp by him passed, in form
following, to-wit:
Certificate. "J, A. B., do hereby certify, that C. D. hath deposited tons or
pounds of hemp, of quality, passed inspection ah , at which
place I am inspector. Witness my hand,this day of , in the
year ."
'Exporters of ®EC* Every seller or exporter of lard, butter or hemp, flour or
lard, butter, etc. kiln-dried meal, shall produce the certificate of the inspector who in-
t°fi p'odScem®^g spected the same, and make oath or affirmation if required, before a
oauT b^fore^ua- justice of the peace on the delivery of the goods sold or exported,
tice that the ar- that the several commodities by him so to be sold or exported are
same that were same that were inspected and passed, and do contain the full
inspected. quantity mentioned in such certificate, without embezzlement to his
Justice to cer knowledge j which oath or affirmation the justice is hereby required
tify? 10 1 to certify on the back of the certificate; which certificate the seller
Seller to deli- shall deliver to the buyer of such commodities sold, and the person
h"to°master' of.exporting such commodities shall deliver such certificate to the mas-
boat. ter of the boat or vessel on board which the same shall be shipped;
and if such seller or exporter shall refuse to make such oath or affir-
mation, he shall for every such offence forfeit and pay the sum of two
hundred dollars.
Who shall not Sec. 21. No person holding any post or place of profit, by deputa-
be inspector, etc. tion or otherwise, shall be appointed to the office of inspector, and no
inspector shall be capable of being elected a member of the general
assembly; and if any person shall be appointed to such office, and
shall accept any post or place of profit after such appointment, he
"Vacancy shall he rendered incapable of holding his said office of inspector, and
the court shall proceed to appoint another inspector in the room of
such person according to the directions of this act.
Fines and for- Sec. 22. The several fines and forfeitures by this act inflicted, for
feitures half which no method of recovery or application is herein before directed,
half t^count™S shall and may be recovered with costs before any jurisdiction having
cognizance thereof, one half to the use of the prosecutor and the oth-
er half to the county where such penalty shall be incurred, to be ap-
plied by the court to the lessening the county tax.
Sec. 23. No inspector shall by himself or others, purchase any rul-
to purchase re- l*ngs or other articles that do not pass inspection upon pain of forfeit-
fused articles; ing one hundred dollars, to be recovered and applied in the manner
penalty $100. that other fines and forfeitures are directed by this act.
w Count court ®EC* several county courts shall have power to make such
may° iiaake° fur- regulations respecting the places of inspection in their respective
ther regulations, counties as they may deem proper. Provided, that any person or
tio^may^lTat Persons having at any landing, wThich is not by this act appointed a
landing, place of public inspection, a quantity of produce for exportation, and
being desirous to ship the same directly on board a boat or vessel for
exportation from such landing, it shall and may be lawful for such
person or persons to call on an inspector, who is hereby required tn
and inspector to *nsPect and brand the same, under the rules in this act directed, any
go there.- thing herein contained to the contrary notwithstanding; and in this
Mileagei case said inspector shall be allowed by the person so requiring his
attendance, six and a quarter cents for each mile to said place, besides
the ordinary fees.
INSPECTION AND INSPECTORS.
403
18 0 3.—Chapter 7.
Section 2. Every person who now is, or hereafter may be ap* Jng of
pointed an inspector of cotton agreeable to the act of 1801, ch. 5, cott"toorgI
shall, before he enters upon the execution of the said office, enter bond,
into bond with two good securities, to be adjudged by the county
court, whose duty it shall be to take such bond, (payable to the chair-
man of the court for the time being and his successors in office) in
the penal sum of five thousand dollars, conditioned for the due and
faithful performance of his duty according to the directions of the
before recited act,which bond shall be recorded by the clerk of the court
and safely kept by him, and to be assigned by the chairman of said court
to him, her or them that may be injured by the non-performance of
the condition thereof; and said bond shall not become void upon the
first recovery had thereon, but suits may be commenced upon the
same, until the whole penalty is recovered. And said inspector
shall at the time of entering into bond as aforesaid, take and sub-
scribe, in open court, the oath "prescribed in the before recited act.
Sec. 3. Each inspector of cotton shall issue a receipt for all cot-
ton he may receive, if required by the owner, clearly setting forth the Duty of ^
quantity and quality of clean picked cotton to be by him delivered spectors of cot-
for the same, and the time of such delivery; and any inspector fail- ton .10 «'vlns
ing or refusing to give such receipt, when required, shall forfeit and nan^on faflure",
pay the sum of five thousand dollars, to the sole use of him or them '
who delivered said cotton to said inspector, to be recovered before
any jurisdiction having cognizance thereof.
Sec. 4. It shall be the duty of each inspector to cause to be pack-
ed and baled all cotton by him received; and packed in a clean, neat Owner# of
manner, fit for exportation, marking on each bale, the gross, tare and presses how to
net weight and quality thereof; and shall mark thereon in large mark cotton«
characters the name of such inspector, and his place of residence;
and if any inspector shall fail to pack, bale and mark any cotton as
contemplated by this act, he shall at his own proper cost and charges
repack the same; and should any difference of opinion arise be-
tween the owner or owners of such cotton and any inspector, with
respect to the manner in which the same may be packed, the owner
of said cotton shall choose one disinterested person and said inspec
tor another, who shall view the same, and decide thereon; and in case
such persons should differ in opinion, they shall call in an umpire,
whose determination shall be final; and should said inspector fail or
refuse, upon request to call on such fit person, the owner or owners
of such cotton may then call on such persons who shall decide as
aforesaid; and should such persons so called on, determine said
cotton not to be baled and packed as contemplated by this act,
and said inspector should refuse to repack the same at his own pro-
per costs and charges, the owner or owners of such cotton may
cause the same to be repacked by other persons, and recover of the
said inspector so refusing to repack the same, all costs, charges and
damages such owner or owners may have sustained thereby, and such
inspector shall moreover forfeit and pay the sum of five dollars for
every bale of cotton not packed and marked as contemplated by this
act, to the sole use of such owner or owners, to be rqpovered before
any jurisdiction having cognizance thereof.
404
inspection and inspectors.
Cotton rec'pts Sec. 5. All receipts given by inspectors of cotton, under the au*
made negotiable, thorityof this act, shall be assignable and negotiable in the same
manner as pointed out by an act of assembly of the state of North
Carolina, entitled, "An act for the more easy recovery of money due
on promissory notes, and to render such notes negotiable."
How inspectors Sec. 6. During the recess of any county court, inspectors of cot-
terC°into ^boTd ton enter into bond before the chairman of said court, and take
S{ take the oaths and subscribe the necessary oaths as directed by this act; and it
during the recess shall be the duty of said chairman to deliver such bond and oath sub-
of court, scribed to the clerk of the court of said county, to be disposed as di-
rected in the first section of this act.
18 1 7.—Chapter 105.
As many of Section 1. It shall be lawful for the county courts in this state
tobacco as court to establish as many inspections of tobacco in their respective coun-
may approve, a tjes as they may deem necessary, one third of the acting justices in
being present!*8 eac^ county being present; Provided, any person wishing to have
an inspection of tobacco established on his land, will enter into bond
and security to the chairman of said court, to have a good and suffi-
cient ware-house for the safe keeping of tobacco, and a set of
. weights and scales suitable for weighing all such tobacco as may be
bond £c. deposited at his or their ware-house, and a good and sufficient prize
for the purpose of prizing in the heads of such hogsheads after the
same may be inspected, in nine months after such application.
Fees to owner Sec. 2. All such owners of ware-houses shall be entitled to re-
so cts per hsd. ceive the sum of fifty cents for each hogshead of tobacco that may
weighed,- 25cts be weighed at such scales; Provided, that the owner of said tobac-
first.m0I,th aftCr co may have liberty of storing said tobacco the term of one
month without paying any additional fee, and twenty-five cents per
month for each month thereafter, to be paid by the person taking
away the same.
Sec. 3. It shall be the duty of the courts of said counties wherein
p0£urU° 2nd there is any inspections of tobacco established, or hereafter may be
and 3rd inspec- established, and the owner thereof shall have complied with the re-
tors yearly. quisitions of this act, to appoint three inspectors for each inspection,
to be designated by first, second and third inspectors, who shall hold
their appointments during the term of one year and no longer, ex-
cept they are re-appointed.
Insp'ctors' bond Sec. 4. Said inspectors, so appointed, shall enter into bond with
and oath. sufficient security to the chairman of said county court, in the sum
of two thousand dollars each, conditioned for the faithful discharge
of their duty: and shall take the oath prescribed in the act of 17fi9,
regulating inspections of tobacco.
Duty of in. Sec. 5. It shall be the duty of the first and second inspectors, to at-
■pecton, tend whenever called on, and inspect all such tobacco as may be de-
posited for inspection at the warehouse to which they are appointed
inspectors, and after inspecting the same, shall have each hogshead
well coopered up, weighed, marked and stored away; and shall give
to the owner thereof a printed note or manifest, containing the gross,
tare and net weight, specifying the quality, which shall be first, sej
cond or third quality, dark or bright as the case may be, together
with the name of the warehouse, for which the said inspectors, shall
be entitled to receive the sum of one dollar and fifty cents, to be paid
by the person applying to said inspectors for such services.
INSPECTION AND INSPECTORS.
405
Sec. 7. The inspectors shall appoint* some suitable person to inspectors to
pick all such tobacco as the inspectors may refuse, \yhose duty it appomt p ckers*
shall be to pick all such tobacco as the before mentioned inspectors
may refuse: Provided, The owner should not make choice to pick
the same or dispose of it in any way that he may make choice of as
refused tobacco.
Sec. 8. The said picker shall before he enters on the duties of
his appointment, take the following oath:
I, A. B.j do solemnly swear that I will without favor or partiality,
pick all such tobacco as may be assigned to me to pick, that I will care-
fully reserve all such, as I, in my judgment believe to be sound and of
good quality, clear of trash, and such as ought to pass.
Sec. 9 It shall be the duty of said inspectors to examine all spector8.
such tobacco as may be reserved by such picker, and if they should
be of opinion that the same ought to pass, they are hereby required
to give to the owner thereof a transfer note, and said picker for his
trouble/or picking and re-prizing shall be entitled^ to receive one
tenth part of all such transfer tobacco.
Sec. 10. It shall be the duty of the third inspector to attend ins^gctorf third
when called on by one or both of the other inspectors, and at no
other time, which shall be in case of absence, or inability of one of
the others, or in case they differ in judgment, and when he shall be
so called on shall be entitled t.o his portion of the fees of all such
tobacco as he may inspect.
Sec. 11. No casks or hogsheads for tobacco shall exceed fif- hc^e of.hog8'
ty-two inches in length of the staves, nor thirty-six inches in the
diameter of the head, with reasonable allowance for prizing which
shall not exceed two inches at the prizing head.
Sec. 12. Such picker of tobacco appointed as by this act direct- pickers to give
ed, shall enter into bond and approved security to the chairman of bonds-
the court in the sum of two thousand dollars, conditioned for the
faithful performance of the duties enjoined on him by this act;
which bond together with the inspector's bonds shkll be filed in the
clerk's office.
Sec. 13. Any hogshead of tobacco weighing under nine hundred Transfer to-
net, shall be deemed transfer, and subject to be re-prized, and the bacc0-
inspctors are hereby required to issue a transfer note, or manifest.
Sec. 14. Nothing herein contained shall be so construed as to owners may
prevent any person from sending any tobacco out of tliis state with- jn8Pp0ercttioVn.lthout
out inspecting, if they make choice so to do.
1821.—Chapter 8.
Section 2. From and after the first day of December next, the inspector's fee
fee for inspecting each and every hogshead of tobacco, including and duty'
all services as contemplated by the act of 1817 ch. 105, shall be one
dollar and no more; and the owner of tobacco shall find and provide
nails sufficient for the cooperage of the same, in a good and proper
manner for exportation; and when they shall fail so to do, the in-
spectors at such warehouse shall find nails for the purpose aforesaid,
and shall be allowed and paid the sum of twenty-five cents, for each
and every hogshead so coopered by them; and it shall be the duty
of each inspector, hereafter to take from each hogshead of tobacco
a fair sample of the tobacco of each class, and attach thereto a label
certifying to what hogshead the same belongs.
Picker's oath.
Duty of in-
406
interest.
Sec. 3. No inspector of tobacco within this state shall suffer any
tobacco to pass his inspection but such as is sound, well cured, free
from trash, and suitable for exportation.
Sec. 4. In constructing hogsheads for the transportation of to-
bacco, the raising head shall not exceed thirty-six inches within the
croe, and the length of the staves of the hogshead not to exceed
fifty-four inches in length.
18 2 5.—Chapter 288.
Tobacco to be Section 3. It shall and may be lawful for snspectors of tobacco
andScrossedSt'2d aPP°inte(l under the laws of this state, to pass tobacco by them in-
spected in first and second quality, or to pass it as crossed, which shall
be considered as of the third quality, according to the quantity of
the tobacco by them inspected.
What tohacco
shall pass.
Hogsheads
how constructed
INTEREST.
18 3 5.—Chapter 50.
What instru- Section 1. All bonds, bills, notes, bills of exchange, liquidated
meats to bear and settled accounts, signed by the parties, shall bear interest from
interest. the time they become due, unless it shall be specially expressed that
interest is not to accrue until a time specially mentioned in the said
writings or securities, (a.)
Payable on Sec. 2. All bills, bonds and notes made payable on demand shall
fnter^tfromde' an(^ deemed to t>e due on demand made by the creditor, his
mand by suit or agent or attorney, by suit or request, and shall bear interest accord-
request. ingly; and all securites for the payment or delivery of property
and all specific articles, shall bearinterest as moneyed contracts; that
t PL0petoy bear *s t0 sa^' ar^c^es shall be rated by a jury at the time they be-
interest.*0 *** come due, and interest shall be paid by the debtor accordingly: Pro-
vided, nothing in this act contained shall be so construed as to pre-
Judgments to vent a justice of the peace from giving a judgment on any contract
bear interest. for specific articles, within his jurisdiction; and all judgments enter-
ed up in any of the courts of record in this state, or by any justice
of the peace, shall bear interest until paid.
(a) A promissory note in which no time of payment is expressed, bears interest from the date. 1 Tenn.
110.
2. Interest arising ex contractu ought to be demanded as debt; but when it accrues by operation of law,
it should be demanded by way of damages. Cooke 21.
S. A bill of exchange drawn by A of Tennessee on B of New Orleans, will carry interest according to the
laws of Louisiana. 4 Yerg. 452.
4, The custom of New Orleans merchants to charge 8 per cent by way of damages is illegal, and cannot
be enforced upon protested bills accepted for the accommodation of the drawers. Same.
5. The rule for calculating interest, where payments have been made, is to calculate interest upon the
sum due, up to the time the payment was made, and deduct the payment from the principal and interest at
that time, and give interest on the balance until paid. 5 Yerg. 310.
interest.
407
Sec. 3. The legal rate of interest shall be hereafter as hereto- Rate of inter-
fore, six per centum per annum, and at that rate for a longer or est 6 Per cent-
shorter period.
Sec. 4. Where a greater sum than that prescribed in the third WI,en more
section of this act is reserved, directly or indirectly, (b) and suit is teTaktiTexcess
brought for the same, either in a court of record or before a magis- may be avoided
trate, against the principal debtor, his securities or accommodation by plea on oath,
endorsers, the defendant may avoid the excess over legal interest,
by a plea upon oath (c) setting forth the amount of usury in the jjow adminis-
transaction; incase the personal representatives of such obligors trator or execu-
or endorsers are sued, they shall only be required to swear that tor t0 swear-
they have good reasons to believe and do believe that such plea of
usury is true; to such plea the plaintiff may reply upon oath or the rePI,a^1^thiay
oath of the original payee; and the fact shall be decided by a jury p n
where it is denied in the replication; if the original payee shall
have died, removed out of the county, or shall refuse to make the
affidavit, where the suit is brought by an endorser or holder, the
plaintiff shall, on making an affidavit to that effect, and that there
was no usury in the transaction to his knowledge, be allowed to file When plain-
liis replication without swearing to the truth of the same; and where tiff may reply
the plaintiff is an administrator or executor, no other affidavit shall without oath,
be required on filing his replication, than that he has no knowledge
of there being any usury in the contract.
Sec. 5. Where the plaintiff admits the truth of the plea of usu- Usury admit-
ry in his replication, or fails to file such replication with the affida- ^"i^and
vits required in the foregoing section, judgment shall be given in interest on^y.8"
favor of the plaintiff for the principal and legal interest and no
more; but where the plaintiff does file such replication and affidavits
as are above described, then he shall recover the amount claimed,
unless the defendant shall prove the usury, in which case it shall be
deducted from the claim and judgment given for the balance; yet, if
there are other pleas, they shall be disposed of as usual: Provided, digp®tgder o*!le*®
that nothing in this act shall be so construed as to prevent the party USuai.
from having relief in a court of equity.
5 6. (Fine for usury. See Misdemeanors.)
{b) If oneborrotv money and agree that the lender shall have the use of a tract of land for the interest of
the money, the value of which exceeds the interest, equity will set-off the excess against the amount of
money borrowed. 4 Hay 204.
2. A owes B $5000, and when it becomes due, it is agreed that A shall endorse notes on different individ-
uals not yet due to B in payment thereof, and deduct 4 per cent a month for the time the notes had to run,
and also procure another endorser, which was accordingly done: Held that this transaction was usurious,
and that the subsequent endorser could take advantage of it. Mart, and Yerg. 392. 1 Yerg. 243. 1 Yerg.
444.
3. A contract to pay interest from the date of a note, if it is not punctually paid when it becomesdue, is
not unlawful or usurious. 1 Yerg. 502.
4. A is indebted to B.—A loans money at usurious interest to C.—B not knowing of the usury, agreed to
receive the note of C (well endorsed) in payment of his debt from A, and C executes his note which is endors-
edand delivered to B: Held, that the note was usuriousand void in the hands of B. 2 Yerg. 350.
5. When the usurious interest reserved upon a note, had upon each renewal of it, been paid, ajid the note
was re-executed for the original principal: Held, that the excess of interest paid on the several renewals
might be deducted from the principal and legal interest, and a judgment rendered for the balance. 2 Yerg.
255.
6. When notes are made and endorsed, to be discounted at a greater rate of interest than is allowed by
law, they are usurious. 2 Yerg. 463.
7. When one note is given for principal, and another note given for the usurious interest, and the note
for the usury has been paid off, a court of equity will apply the payment as a credit upon a judgment
obtained on the principal note. 6 Yerg, 398.
(c) When a plea of usury is sworn toby the defendant, it is evidence for him, unless replied to by the
plaintiff on oath. 1 Yerg. 494.
408
INTERNAL IMPROVEMENTS.
Not to affect Sec. 7. Nothing in this act contained shall he so construed as
charters grant'd. in any manner to affect any charters that may heretofore have been
granled by the Legislature, and that are now unexpired, allowing
the reserving and taking more than the legal rate of interest.
Repealing Sec. 8. All laws heretofore in force contrary to this act are
clauses. hereby repealed: Provided, That contracts heretofore made shall
not be affected by the repeal of said laws in any way or manner.
INTERNAL IMPROVEMENTS.
183 5.—Chapter 22.
Section 1. In all cases where any joint stock company has been
or may hereafter be incorporated by the Legislature of this state,
for the purpose of constructing any work or works of Internal Im-
provement, by means of rail roads or M'Adamized turnpike roads,
within the limits of the same, and two thirds of the capital stock of
such company or compianies shall have been subscribed by individu-
als or other incorporated companies, and in the opinion of the Gov-
ernor, Comptroller, Treasurer and Secretary of State, shall be
well secured, it shall be the duty of the Governor to subscribe, on
behalf of the state, for the remaining third of such capital stock,
and to execute bonds of the state, which shall be signed officially by
the Governor and countersigned by the Secretary of State, with the
seal of the state affixed, and payable twenty-five years after the ex-
ecution thereof to the President and Directors of such companies,
or their assignees, bearing an interest of five and one quarter per
cent per annum, which shall be payable semi-annually at the office
of the Treasurer of Tennessee; which said bonds shall be delivered
to the President and Directors of such company or companies as the
said stock shall be called for and required to be paid in by other
stockholders, by said board of directors, and such bonds shall be in
like manner executed and delivered on each successive call made
as aforesaid, and the said bonds shall be received in full payment
of the several instalments as they may be called for by said board:
Provided, The said company or companies shall agree and stipulate
to pay the interest semi-annually as the same shall accrue and be
payable: and provided also, The interest so paid upon the said bonds
of the state by said company, together with five per cent per annum in-
terest on said amount so paid, shall be deducted from the dividends of
the net profits to which the state will be entitled on its stock as the
same may be declared: and providedalso, The Governor shall execute
the said bonds for any amount no^less than one thousand dollars, as the
said company may desire: and provided also, That the amount so sub-
scribed as aforesaid shall be expended within the limits of Tennessee.
Sec. 2. Until the redemption of said bonds, the dividends de-
clared on the stock of the state, except so much as shall have been
Governor au-
thorized to sub-
scribe for stock,
when individu-
als have taken
two thirds.
To execute
bonds.
Company to
pay interest-g
Bonds not less
than $1000 each
Of dividends-
IRON WORKS.
409
applied to the payment of the interest as above set forth, shall be
regularly paid over to the treasurer of the state, by him to be ap-
plied to the redemption of said bonds.
Sec. 3. The Governor shall be authorized to appoint, on the
part of the state, such number of directors as the stock subscribed
according to the provisions of this act shall entitle the state to have
in any of said companies, who shall have the same power and au-
thority as directors elected by the other stockholders.
Sec. 4. Nothing in this act shall be so construed as to authorize
the Governor to subscribe for more stock in any such company or
companies, than so much as may be necessary to complete one third
part of such work of internal improvement as may be located within
the limits of Tennessee.
IRON WORKS.
18 0 7.—Chapter 40.
Section 1. Where any person or persons may erect iron works,
where the water of such dam as may be necessary for carrying on Court to ap-
such iron works, may overflow the lands of any other person or per- ^value0 &of
sons, in that case, it shall be lawful for the owner or owners of such iand overflowed
iron works, to file his or their petition to the county court of the'.county by dam,
wherein such iron wTorks may be erected, setting forth all material
facts; whereupon it shall be the duty of said court to proceed to ap-
point a jury of twelve freeholders in said county, whose duty it shall
be, immediately after getting notice of their appointment, to value
the land so lost by inundation, taking into view the quantity of the
land, as well as improvement thereon, if any; and also the injury
that may be done thereby to the whole tract, a part of which is over-
flowed, together with all natural advantages, and make return of the
value thereof, to the next succeeding court, together with a plat or
figure, and quantity of ground so overflowed: Provided, That no Not to exceed
court or jury shall have power to condemn for the purpose aforesaid, one acre and a
more than one and one-half acres of ground, exclusive of the chan- half' ^c'
nel, or usual water-mark of the water course, nor extend to the
destruction of mansion houses previously built, of orchards, or never
failing springs of good and wholesome" water, nor where the water
overflowing said land, shall endanger the health of any family or
families.
Sec. 2. It shall be the duty of the court, to cause the return of Returnof jury
such jury to be entered on record, which record when made, shall to be recorded,
stand as a judgment or decree of said court; and the person or per- and st'ndasj'dg-
sons, rightfully holding the land, valued as aforesaid, shall have the ment of the c'rt°
same benefit of said record, as he, she or they, might or could have of
a judgment rendered in his, her or their favor, in any civil case, and
the clerk have authority to issue execution, (if thereunto required,)
53
Governor to
appoint direct-
ore-
Limited to ono
third.
410
iron works.
and the sheriff authorized to collect the amount thereof, in the same
manner, and for the same fees, as in other civil cases,
r Owner of iron Sec. 3. On the owner or owners of such iron works, producing
\korks prod'eing to the court, a receipt in full of the judgment and costs, rendered
receipt to have against him or them, as aforesaid, the court shall thereupon order
ment0^ bVreg- or them, a copy of the judgment and proceedings, at full length,
istered. certified by the clerk; which being registered, in the office of the
register of the county, shall vest such owner or owners of iron works
in fee, of the premises so valued as aforesaid: Provided, If the own-
ers of such iron works shall, for any three years in succession, fail to
When land to ma^e at such works the quantity of ten tons of iron in each year, the
revert to origi- title to such land shall revert to, and the interest thereof be revested
nai owner. in the original owner, his heirs, assignees or devisees.
*
18 2 4.—Chapter 4.
Penalty for Section 6. Any person obstructing the roads necessarily used by
to"lronworksadS owners'°f iron works in this slate, for the purpose of hauling
coal, ore, &c. shall be liable in the same manner that they would be
for obstructing public roads in this state.
1 824.—Chapter 71.
to enco^-a°e'iron Section 1. The provisions of the several laws now in force in
ex Penned8 to' Hi- *1"® state f°i' the encouragement of the building iron works, are ex-
wassee. tended to the citizens of the Hiwassee district.
182 7.—Chapter 65.
woX^inwh^ Section 2. Where there is any vacant and unappropriated land
cases entitled to entirely unfit for cultivation, which lies south and west of the Con-
the benefit ofoc- gressional reservation line, and which lies adjoining or contiguous to
eupants. any iron works south and west of the said line, the owner or owners of
said iron works may proceed, by virtue of the various acts of assem-
bly, to encourage iron works north and east of said line, and
apply to the county court of the county south and west of said line
where said iron works are, to have any quantity, not exceeding three
thousand acres, surveyed and laid off in one tract, if it can be done, if
not, in more tracts, as near said iron works as can be found, and if
the jury or commissioners shall, upon examination, return to the said
court that they have layed off and surveyed the aforesaid land, and
that it is unfit for cultivation, the same shall be recorded on the
records of said county court, and the owner of said works may have
the same laid down on the general plan of the district in which said
land is situated, and he or they shall be entitled to all the benefit of
preference and protection that occupants south and west of the con-
gressional reservation line are entitled to, and subject to any terms a
subsequent legislature may think proper, when the right of the soil
shall be acquired from the United States.
Sec. 3. It shall be lawful for said owners of iron works to procure
May lay war- any good valid warrant that may be adjudicated under the authority
'uous °nvacant an^ ^aw may Pass during the present session of the Gene-
fands! VaCan ral Assembly to appropriate the same to said land or lands, and get a
grant or grants therefor upon said warrant.
JAILS AND JAILORS.
411
JAILS AND JAILORS.
CONSTITUTION. ART. 1. SEC. 13.
1799.—Chapter 27.
Section 1. It shall be the duty of each court, on due proof being
made of services done, or necessary expenses incurred, in moving fAllowance for
prisoners from any jail to the jail of such court, to examine such expenses incur-
accounts, and make such reasonable allowances as they may think
proper, and order the same to be paid out of the fines and forfeitures pnsoners'e c'
arising in said court.
Sec. 2. Where any jailor has or may hereafter keep a"prisoner or
prisoners, who have been confined in any county jail, and the same ^^re^eieased
has been released by legal authority without payment of costs, the by autho-
courts are hereby authorized to examine said claim or claims, and if nty*
just to allow the same.(a)
18 01.—Chapter 31.
Section 1. When any prisoner or prisoners shall be delivered to
the keeper of any jail in this state, by or under the authority of the JaiIg of
United States, such keeper is hereby commanded to receive and state' may be
safely keep every such prisoner or prisoners; and all and. every used by the u.
keeper or keepers of any jail in this state, refusing or neglecting to p^ose^f com
take possession of, and safely keep any prisoner or prisoners deliver- fining prisoners,
ed to him or them, by or under the authority of the United States etc.
aforesaid, shall be subject to the same pains and penalties as for
neglect or refusal to receive and safely keep any prisoner or prison-
ers delivered them under the authority of this state: Provided, That
in all cases in which the United States shall be a party, the marshal Provisions as
or person delivering such prisoner, and in all civil cases the party at t0 jaiiorsf fees,
whose instance such prisoner shall be committed, shall be liable to etc"
such jailor or keeper, for the prison fees and subsistence of such pri-
soner, while so imprisoned; which prison fees and subsistence shall
be the same as are or may be provided for by law, for prisoners com-
mitted under the authority of the state.
Sec. 2. The sum of fifty cents per month for each prisoner, as
stated in the resolution of the first Congress, shall be collected from How mon6y
the marshal by the jailor receiving any prisoner as aforesaid, who is collected and ap-
hereby directed to pay the same to the treasurer or trustee of his propriated.
county, immediately after receiving the same, which moneys shall
be by said treasurer or trustee accounted for in the same manner as
other county moneys.
(a) The fees and charges of the jailor for keeping a person in jail, under a warrant from a juctice of the
peace, for a charge of negro-stealing, who was discharged upon a habeas corpus out of court, may be taxed
by the circuit court of the county where confined, at its next session, and must be paid by the treasurer of the
state. 4 Yerg. 52.
412
JAILS AND JAILORS.
18 0 9.—Chapter 49.
jail for circuit Section 16. The common jail of each county shall be the jail of
court; the circuit court for the said county.
18 09.—chapter 126.
jail insufficient. Section 4. When the jail of any county is deemed insufficient for
prisoner may be the safe keeping ofany prisoner committed thereto, said prisoner may
another.*64 " transferred to any other jail within the circuit to which said
county may belong.
1817.—Chapter 17.
Jud e may Section 1. It shall be lawful for the judges of the several circuits
commit prisoner in this state, to commit any prisoner for safe keeping to any jail in
to jau in adjoin- any adjoining circuit: Provided, said judge may believe the jail of
™f jaOof'county the county, where the trial of such prisoner is to be had, is insuffi-
is insufficient, cient for the safe keeping of such prisoner: and provided also, said
if it would be judge should think it less burthensome and expensive for the citizens of
less b rthensome ^ county to remove such prisoner to some strong jail in some adjoin-
ing circuit, than it would be to remove said prisoner to a sufficient
jail, in the circuit wherein the trial shall be had.
Sec. 2. When any justice of the peace shall commit any person for
Justice may any offence which is cognizable in the circuit court, and shall be of
tomanyP"trong °pini°n that the jail of his county is insufficient, it shall be his duty,
jail. and he is hereby authorized to commit such prisoner to any strong
jail, either in or out of his circuit, in which said justice lives, that he
may think least burthensome and expensive to the citizens of his
county.
1819.—Chapter 9.
Section. 1. When any prisoner may have been removed for safe
ord'Sr foVprisVr keeping by virtue of the act of 1817, ch. 17, it shall be lawful for
committ'd under any justice of the peace of the county from which said prisoner was
act of 1817, ch. removed, on some day preceding the court at which such prisoner is
to have his trial, to issue an order to the sheriff or jailor of the county
where such prisoner has been removed, to deliver him up to the she-
Clerk to cer- riff of the county wherein he is to have his trial, and the clerk of the
tify order: county court is hereby required, to annex the county seal, if one
there be, if not, his private seal, to such order, with his certificate,
that such justice is an acting justice of such county.
Sec. 2. The sheriff or jailor having charge of such prisoner as
On order shff. before mentioned, shall be authorized and required on receiving such
v«r&up prisoner! °rder,to deliver up such prisoner to the sheriff of the county where
' such prisoner is to have his trial.
1820, Ch. 17,5 2. (Jailor's deposition may be taken. See Depo-
sition.)
JAILS AND JAILORS.
413
182 3 .—Chapter 51.
Section 1. Where prisoners have been, or may hereafter be kept Fee bul for
in the jail of any county other than that in which the offence charg- keeping prison-
ed was committed, or in which such prisoners have been, or may be era from another
tried, it shall be lawful for the jailor keeping such prisoner, to make ™ade out. H°W
out and swear to his account, before any judge of the circuit court, as
well in vacation as in term time; and such account, so made out and
sworn to, may be allowed, in part or in whole, by said judge before
whom it is proven; and when so allowed, shall be paid by the county
trustee or state treasurer, as the case may be, agreeably to the laws
now in force and use in this state.
Sec. 2. When any person shall be arrested for trial in any county, jail fees on
and for want of a sufficient jail in said county, shall be committed to prisoners from
the jail of another county for safe keeping, all costs occasioned by to°have prefer-
his confinement in the jail of another county, shall be entitled to a ence.
preference in payment over the claims of persons in the county
where the offence was committed; and when said criminal is tried,
and found not guilty, or when found guilty, and his estate will not
pay the costs, it shall be the duty of the county court where the
offence was committed, to lay and collect a tax sufficient to discharge
all the jail fees which may have been incurred by the confinement
of said criminal in the jail of another county.
1825, Ch. 79, § 1. (Jailors to sell runaway slaves after twelve
months' imprisonment. See Runaways.)
1 82 6.—Chapter 45.
Section 1. It shall be the <Juty of the different jailors in the state
of Tennessee, to furnish the prisoners confined in their respective
jails, with clean straw beds and sufficient blankets to keep them com-
fortable, and provide two meals per day of good sound bread and Rules of diet
meat, well cooked, with vegetables in addition at one of said meals, and cleanliness-
and plenty of good clean water, twice each day, from the first of
May to the first of November, and once each day from the first of
November to the first of May, and shall have two pieces of clothing
washed every week for each prisoner, and shall have the privy buck-
ets emptied once in every twenty-four" hours, and shall furnish the
necessary tools for shaving once every week; shall keep the jails
clean and convey letters from persons to their counsel and others
after examination and commitment for trial; and shall seal and put
them into the post office if required; shall admit persons having busi-
ness with prisoners without charge, and shall be present at all inter-
views between prisoners and others, except their counsel.
Sec. 2. Jail inspectors shall visit and examine the jail, once in
each and every week or oftener, and shall make report of the state
and condition of the prisoners and the jail, during the first week of
every county court; make rules and regulations for preservation of . Dutjes of iai1
the health and decorum of the persons (prisoners;) and they shall be inspec °"'
authorized to decide all disputes between the jailor and the prisoners,
414
JAILS AND JAILORS.
and cause prisoners to be ironed who offer violence to the jailor or
his assistants, or his fellow-prisoners, or for attempting to break the
jail or make his escape therefrom, and shall have power to prevent
owners of slaves from punishing slaves in the jail, otherwise than
other prisoners are treated.
• Sec. 3. No jailor in this state, shall permit the wife of any prisoner
Prisoner's wife committed to his care, to board or live in the house with said jailor
jailor b'ard W'th un(^er penalty of fifty dollars, recoverable before any court hav-
ing jurisdiction thereof.
Sec. 4. No jailor in this state shall permit any person to have more
Rate of spirits, than half a pint of spirits in any twenty-four hours under the penalty
prescribed in the third section of this act.
18 31.—Chapter. 86.
Section 3. It shall be the duty of all jailors, to receive and
To keep con. securely keep, without any fee therefor, all convicts on their way to
victs for peni- the penitentiary, whenever the sheriff or other officer conveying such
tentiary without COnvict, may think it necessary to have them secured in that way
for the night, or during any other time, when they may be necessa-
rily detained on the way.
1832, Ch. 6, J 1. (Jailors to make out a bill of costs. See Costs.)
183 5.—Chapter 34.
Section 1. The justices of the several county courts fn this state,
Justices may a majority thereof being present, shall have full power and authority
sell sites of jails whenever in their opinion the site of any jail or public prison shall
and buy others. unheajthy, insecure, or otherwise ^convenient in its location, to
order the sale of such site, jail or prison, and the whole or such parts
of the materials used in the construction of the same as they may
deem necessary and proper, and to order that a more eligible, healthy
or secure site be purchased, and to cause to be erected thereon, a
new jail, or prison better suited to secure the safety, health and com-
fort of prisoners.
Sec. 2. Should the moneys arising from the sales of any such jails
or prisons be insufficient to effect the objects contemplated by this
May levy tax. act^ ^ jugtices 0f sai(j county courts are hereby authorized to levy
such tax as may be necessary to attain the same, which shall be col-
lected in the same manner as other public taxes, and shall be applied
to the purposes herein specified.
Sec. 3. The said justices shall have full power and authority to
Commissioners appoint hot less than three, nor more than five commissioners, a
to be appointed majority of whom shall be competent to act, whose duty it shall be
to make such sales and purchases, and to contract for and superintend
the erection of such jails or prisons, and shall receive such reason-
able compensation for their services, as said justices shall allow, and
said justices shall be fully authorized to make all such orders as may
be necessary and proper to carry into operation the provisions of
this act.
JOINT LIABILITIES.
415
Sec. 4. All deeds of conveyance made by said commissioners for Commissioners'
the premises on which any such jail or prison may have been erected, deed made vaI5d
when proven or acknowledged and registered according to law, shall
be effectual to vest a valid title in the purchaser of the same.
Sec. 5. Deeds of conveyance shall be taken for any lot or lots Deed t0 be tak,n
which shall be purchased by said commissioners for the purposes for jail lot.
aforesaid, to the chairman of the county court and his successors in
office, in trust for the purposes aforesaid, which shall be proved or
acknowledged and registered as in other cases.
Sec. 6. Said commissioners, before they enter on their duties, shall Gath required.
take an oath faithfully to perform all the duties enjoined on them by
this act.
JOINT LIABILITIES.
17 89.—Chapter 57.
Section 5. Whereas it is a rule of common law, that in case of the Preamble state
death of a joint obligor, the debt can never survive against his heirs, insrule of com-
executors, or administrators, which rule is frequently injurious and mon aw*
oppressive to the surviving obligor or obligors, to remedy which, in Ngw q
case of the death of one or more joint obligor or obligors, the joint deathW0fU jo^t
debt or contract shall and may survive against the heirs, executors obligors,
and administrators of the deceased obligor or obligors, as well as
against the survivor or survivors; and when all the obligors shall
die, the debt or contract shall survive against the heirs, executors
and administrators of all the said joint obligors; and in all cases of
joint obligations or assumptions of copartners, or others entered into,
after the passing of this act, suits may be brought and prosecuted on
the same, in the same manner as if such obligations or assumptions
were joint and several.(a)
181 3.—Chapter 67.
Section 1. In ajl suits' to be commenced on any joint, or joint and Not more than
several notes, bills, bonds or obligations, it shall not be lawful for the one suit to be
payee, obligee or assignees, or holder of said bill, bond, or obligation, ^"rument84™!
to commence or institute at the same time, more than one action once,
against one or more of said obligors, provided the plaintiff or holder
of such notes or obligations may in such action, institute his suit Maybe vs.
either joint or several, or against so many of saicLobligors as he may any or alK
think proper.
(a) The law of joint-tenancy in personate remains unaltered after the death of one, except in the point
mentioned in the act of 1789, ch, 57, sec. 5, which as between the obligees regards the right of proper-
ty, but the remedy is not altered so as to become two actions instead of one—the remedy is still single, but
with the addition of another plaintiff. The survivors cannot sue without the executors of deceased co-obli-
gor. 4 Hay. 152.
416
joint liabilities.
Counterparts Sec. 2. When the obligors or makers of any note, bill, bond, or obli-
to issue when gation, reside in different counties, it shall be lawful for the plaintiff
side in twocoun- or Pontiffs to institute a suit against all or as many of the obligors
ties.;11 W as he may think proper, and it shall be lawful for the clerk of the
court, in which such suit shall be instituted, to make out a separate
writ or writs, against the person or persons residing in a different
county, directed to the sheriff of the county or counties where said
person or persons reside, and endorse on such writ that it is a coun-
terpart of the writ issued where such suit is commenced.
182 0.—Chapter 25.
i Suits may be Section 1. It shall and may be lawful for any person or persons
a° aJneT ^aker w^° are endorsee or endorsees of any foreign or inland bill of ex-
and'endorsers of change, promissory note or writing obligatory, to commence and
bills or notes. prosecute an action for principal, interest and charges of protest, if
to°beSrecovered1 any there be, against all or any two or more of the endorsers jointly,
Action of debt.' or at his election, prosecute an action of debt jointly against the
maker or makers of any such writing obligatory, and one or
more of the endorsers thereof, and judgment shall and may be
given accordingly, and whenever a suit may or shall be brought
Recovery may against all or any two or more of the endorsers of a bill of
be against one, if exchange, promissory note or writing obligatory, and the plaintiff
not an the defts, shall be entitled to recover against one or more, but not against all
who are thus jointly suedj the discharge of one or more shall not
prevent a verdict and judgment from being rendered against him,
her, or them, who may be liable.
Discharge of Sec. 2. In all joint actions founded upon contract, whether the
one action not debt or case, a discharge of one or more who may be thus jointly
mentfiVanainst8 sue^> s^a^ not prevent a verdict and judgment from being rendered
others. 8 against him, her or them, who may be liable.
Sec. 3. In all cases where a suit shall or may be required to be
wite^defts!"8- brought against two or more defendants in any one of the courts of
side in different this state, who reside in different counties, it shall be lawful for the
counties. clerk of such court, and he is hereby required, when he issues a
writ, directed to the sheriff of his county, in which one of said defen-
dants may reside, on application to issue a counterpart or counter-
parts of such writ to the sheriff of such counties where the other
defendants may reside, which, when executed and returned, shall
constitute a part of the original writ or leading process of such suit in
the court to which the same may be returnable: Provided, Nothing
in this section contained, shall be so construed as to authorize suits
to be brought in a county where neither of said defendants do in fact
reside, nor so construed as to authorize suits which are local in their
nature, to be brought in a different county than that which is now
required by law, but the same may be abated upon the plea of the
defendant.
1820.—Chapter 151.
Section 6. When judgment shall be obtained upon any bill,
nmkerUtand&len- ^on<^ or Promissory note, negotiable by the laws of this state, by any
d'rser, to be first endorsee or endorsees against the maker or drawer of said bill, bond
satisfied by ma- 0r note, jointly with any or all of the endorsers of said bill, bond er
joint tenancy.
417
note, and execution thereupon issue, it shall be the duty of the sheriff
or other officer, to satisfy said execution by levy and sale of the pro-
perty of such maker or drawer, if sufficient thereof, may be found in
his county, if not, then to satisfy the same out of the property of the
several endorsers, in the order of their liability.
1827.—Chapter 75.
Section 2. If any joint action shall hereafter be brought on any bill
single, bill of exchange, promissory note, or other negotiable instru- notYYb<YsYrved
ment, service of a counterpart of the writ on the drawer thereof, on drawer or
shall not be a good and sufficient service to hold such drawer, maker maker,
or obligor, to answer such action, unless the original writ shall have
been executed on some one of the drawers, where there shall be more
than one.
1828, Ch. 66. (Action may be joint or several on a judgment or de-
cree, from another state. See Judgment.)
1835, Ch. 87. (In all cases where suit may be commenced against
more than one defendant, the plaintiff may enter a nole prosequi as to
any one or more, and proceed against the others. See Practice.)
JOINT TENANCY.
1784.—Chapter 22.
8
Section 6. In all estates real and personal, held in joint tenan-
cy, the part or share of any tenant dying shall not for the future Right of sur-
descend or go to the surviving tenant or tenants, but shall descend vivorship among
or be rested in the heirs, executors, administrators or assigns re- boitehed?81"8 *
spectively of the tenant so dying, in the same manner as estates
held by tenancy in common; Provided, That estates held in joint
tenancy for the purposes of carrying on and promoting trade and
commerce, or any other useful work or manufacture established and
pursued with a view of profit to the parties therein concerned, shall Df partnership,
be vested in the surviving partner or partners in order to enable him
or them to settle and adjust the partnership business and pay off the
debts which may have been contracted in pursuit of the said joint
business; but as soon as the same shall be effected, the survivor or
survivors shall account with and pay and deliver to the heirs, exec-
utors, administrators and assigns respectively of the deceased part- After settle-
, ii i . i r i if ment of tIie bu*
ner or partners, all such part, share and sums ot money, as he or sine39 represen-
they may be entitled to by virtue of the original agreement, if any, tatives of dee'd
or according to his or their share or part in the joint concern, in the ceYe share?
same manner as partnership stock is usually settled between joint
merchants and the representatives of their deceased partners.
54
4 IS
JUDGMENTS,
JUDGMENTS.
1794, Ch. 1, $ 18,26. (By default. See Practice.)
1 7 9 8.—Chapter 19.
Judgments and Section 1. All verdicts and judgments in courts of record and
doUarsandcents justices of the peace out of court, shall be rendered in dollars
and cents, or such parts thereof as the nature of the case may re-
quire j and all executions thereon and all bills of costs shall issue ac-
cordingly.
1799, Ch. 14, $ 2. (Lands not to he sold so as to affect purchas-
er from defendant in judgment, after 12 months from date of judg-
ment. {a) See Execution.)
1801, Ch. 6, § 64. (A judgment on confession at law, a release
of errors. See Appeal and Writs of Errors.)
$ 66. (How entered on penal bonds. See Bonds Penal.)
1805, Ch. 66, $ 1. (To be kept by justices of the peace. See
Justices of the Peace.)
September, 18 0 9.—Chapter 49.
to^^v^suchjudg Section 27. When any judgment, decision or decree of the cir-
ment astfie cir- cuit court shall be reversed or affirmed in the supreme court, it shall
cuit court should the duty of the said court to pass such judgment, decision or de-
have given. cvee as the circuit court should have passed, except where the dam-
ages to be assessed or matter to be decreed are uncertain; in which
case the court shall remand the cause for a final hearing; and in
Per all cases bottomed on a contract, note, agreement, or liquidated ac-
udgment affirm- count, where the judgment of the circuit court may be affirmed,
ed; twelve and one half per cent, damages shall be allowed to the plain-
tiff.
(a) A judgment is not a lien upon lands conveyed to sureties before the judgment rendered for their in-
damnification. 5 Hay 53.
2. A judgment is a lien on the lands of the debtor by construction of the law upon the statute of 5 Geo.
2> ch. 7, sec. 2, and the recognition of such lien by the act of 1799, ch. 14, sec. 2. But the lien so given
may be lost by the act of the creditor, so as to let in a younger judgment creditor who stands in a situation
to be injured by such act; a contract to stay execution till next term is one instance. Feck 30. See further
Mar. and Yerg. 367.
3. A judgment obtained against a personal representative is not a lien upon lands in the hand of the heir.
Mar. and Yerg. 353.
4. Where a judgment is rendered against a debtor on the same day he sells his land, priority of time on
that day determines the right, and in the absence of proof as to the time of day, defendant must prevail.
4 Yerg. 270.
5. The English rule, that judgments relate to the first day of term is not in force here. Same.
6. Judgment rendered on different days of the same term relate to the first day of the term as between
creditors, although the record may shew the day upon which each was rendered. 4 Yerg. 358.
7. Creditors whose judgments were on a later day of same term are entitled to a ratable proportion of
the moneys levied on first execution. Same.
JUDGMENTS.
419
18 29.—Chapter 50.
Section. 1. It shall be lawful for any person or persons, who Debtor may
may be indebted to any other person or persons by bond, note, cov- confessjudgm'n
enant, bill or an account liquidated and reduced to writing, at the re-
quest of a creditor, to go into any court having jurisdiction of the
amount and confess judgment for the same, and the clerk of the
said court shall enter judgment accordingly, and no more costs shall
be taxed than the clerk's fees for entering the judgment and issuing „ „ , .
*r. v •, i ii l . • t» • j j ivt Fraudulent
the execution, it it shall be necessary to issue one: Provided, JNo- judgment not
thing herein contained shall be so construed as to give validity to protected;
any fraudulent judgment so confessed.
Sec. 2. Judgment may in like manner be confessed before any fore°justice for
justice of the peace before whom the parties may appear for that sums in his ju.
purpose on sums of which he has jurisdiction. ""claim1 to b
Sec. 3. The bond, note, covenant, bill, or liquidated account flle(iajn BU^, ca!
shall be filed and constitute a part of the record of said suit, and no set.
appeal shall be granted upon such confession of judgment. No »PP«aL
18 2 9.—Chapter 60.
Sec. 1. When judgments or decrees have been or may hereafter be guit may ^
obtained against two or more persons in another state and suits on brought vs. all
said judgments or decrees are brought in this state, the suit may be ndra^
brought against all or either or any number of the defendants in the another state*,
original judgment or decree in the same manner and under the same
rules and regulations, that suits now are brought against obligors or
promisors on joint and several, or joint or several, contracts or obli-
gations. (6)
1831, Ch. 8, { 1. (Date, amount and parties to be entered on
execution docket with the bill of costs in forty days after court. See
Clerk.)
1831, Ch. 23. (Not to be confessed or go by,default within six
months from death of debtor. See Executor and Administrator.)
18 3 1—Chapter. 90.
Sec. 7. All judgments obtained in any court of record in this Judgment lien
state shall be a lien upon the debtor's land from the time said judg- on lan '
ment was rendered: Provided, said judgment is rendered in the If it ^ jn
county where the debtors reside at the time of its rendition, and county where
Provided, an execution is taken out upon said judgments, and said
land sold within twelve months after the rendition, unless the same and lend sold in
is prevented by injunction, or writ of error, or appeal in the nature 12months,
of a writ of error, in which case if the judgment be affirmed, or the
injunction dissolved on motion, or the bill be dismissed on its final "ppe^o^in*
hearing, it shall be incumbent on the creditor to issue his execution junction.
(4) Where separate judgments are rendered against the maker and endorser of a note, asatisfaetibA of
one is a satisfaction of both. 3 Yerg. 241.
420
JURY.
and sell said land within one year from the time it was so affirmed
or said injunction was dissolved or said bill dismissed.
Sec. 8. Where judgments are rendered in any other county
than that in which the debtor resides, the lien of said judgment shall
take effect only from the time when a certified copy of said judg-
rnent shall be registered in the county where the debtor resides, and
said judgment shall be so certified and registered, whether the same
be enjoined or superseded or not, and all judgments so certified and
registered, shall be good and effectual from said time: Provided,
execution issue on the same, and the land be sold thereon in one
year after the rendition, or within one year after the affirmance, in
case it is superseded, and is afterwards affirmed, or where it is en-
joined, within one year from the dissolution of the injunction.
1 8 3 3.—Chapter 70.
Where *ud« ®EC' judgments heretofore rendered or which may
ment vs. several hereafter be rendered in any court of record in this state, against
defendants and several defendants, and any of said defendants shall die or remove
moves'^piTintiff with°ut the limits of this state, that then the plaintiff or plaintiffs in
may proceed vs. such judgments, may proceed either by original writ, summons or
one or more. scire facias, as the law may require, against any one or more of
said defendants who may still reside within the limits of this state,
or against the executors or administrators of any one or more there-
of so resident, and have judgment and execution on such process.
1835, Ch. 17, { 10. (Two entire days after judgment allowed
to appeal or stay, unless plaintiff will make a certain oath, &c. See
Justices of the Peace.)
1835, Ch. 50 J 2. (To bear interest from the date. See Interest.)
JURY.
constitution. art. I. sec. 6.
1 7 7 9.—Chapter 6.
'No erson to Section 2. No county court shall knowingly nominate any person
be ajurorattwo 1° serve as a juror at two courts successively, or any person who
courts in succes- shall have an action or suit at issue in the court, at the term to which
Skttsue.a8a he shaI1 be nominated.
List to be given Sec. 3. A list of which jurors nominated shall be'delivered by the
to sheriff who clerk of each county court to the sheriff, who shall, and is hereby
shall s'mm'n the reqUix*ed to summon the persons so nominated to serve as jurors at
the court.
Judgment in
any other coun-
ty than that in
which defendant
resides to be lien
only from the
time it is regis-
tered.
Proviso.
jury.
421
Sec. 4. If any"of the county courts shall fail or neglect to nominate when jurors
freeholders to serve as jurors, or the persons nominated shall fail to nominated do
attend, it shall and may be lawful for such court to order and direct g^nd'era"'^
the sheriff to summon other freeholders of the bystanders to serve as summoned,
jurors, and the persons so ^summoned shall be held and deemed law-
ful jurors: Provided, That such bystanders, who shall be summoned, Suchbystand'r
shall and may be every day discharged; and the succeeding day, and t0 be every day
so from day to day during the continuance of the court, the sheriff dl8charsed-
shall summon the bystanders, so many as shall be necessary; and
every person so summoned of the bystanders, who shall not appear m^n^rs®"d8un^
and serve as jurors, shall be fined in the sum of one hundred and appearing, to be
twenty-jive dollars, unless he can show sufficient cause to be ap- fined $125>
proved by the court.
Sec. 6. The sheriff of each county shall summon the freeholders sheriff shall
in the list to be delivered him by the clerk of the county court of his nominated^ten
county, at least ten days before the sitting of the court, of which days before c'rt.
such freeholders are to attend as jurors, which he may do personally, . N"otlfe lefl at
. •>. > . , J . r J' dwelling house
or by leaving a note or summons in writing, at the dwelling house of g0od.
such freeholders.
Sec. 11. No sheriff, or other officer, shall serve or execute any No process to
writ, or other process, on the body of any juror, during his attendance be executed on
on, going to, and returning from any court; any such service shall body void.™''
be void, and the defendant may on motion be discharged.
Sec. 12. The judges of the courts shall direct the names of all the Grand Jury
jurors returned to be written on scrolls of paper, which scrolls of paper how made up.
shall be put into a box, and drawn out by a child under ten years of
age, and the first thirteen drawn shall be a grand jury for the said Petit Jury,
court, and the residue of the names in the box shall be the names of
those who shall serve as petit jurors for the said court.
Sec. 13. When either of the parties shall require that a jury Jury Jlowbal.
should be ballotted for, the clerk shall write the names of all the petit loted for.
jurors appearing on scrolls or pieces of paper, and on the issue in
such suit, a child under ten years of age in open court, shall draw
out of the said box twelve of the said scrolls or pieces of paper, and
the persons whose names shall be on the said scrolls or pieces of
paper drawn as aforesaid, shall be jurors to try such issue: Provi-
ded, That they all do appear, and in case of defaulters, other scrolls
shall be drawn until a sufficient number shall appear to make a com-
plete jury.
1 7 8 3.—Chapter 11.
Section 2. Every juror who shall be hereafter appointed by any of Regular jury.
the county courts within this state, to attend any court, and shall fail men failing to
to appear according to the summons, and give his attendance, shall ^nd' forfeit
forfeit and pay twenty-jive dollars, which forfeiture shall be assessed
by the court to which such person shall be returned a juror: Provi- To mnke ex
ded, That each delinquent juryman shall have, until the next sue- c'se at next term
ceeding term to make his excuse to said court for his non-attendance.
Sec. 5. When any person shall be summoned by the lawful officer, Penalty for
to attend any court as a talisman, and shall fail to appear and give his not attending a«
attendance during the day for which he is summoned, shall be amer- a talisman'
ced at the discretion of the court* not exceeding two dollars andfifty
422
JURY.
cents, and the court shall order the clerk forthwith to issue an execu-
tion against the body or goods of the delinquent for such amercement
and costs.
18 0 5.—Chapter 20.
Section 1. All regular authorized ministers of the gospel, of all
professions, shall be exempt from serving as jurors in any court
within this state.
180 5 .—Chapter 60.
Section 1. The several county courts shall not appoint any per-
son as a juror to any court of this state, that has a cause depending
in such court, as he is appointed to attend: Provided, That either
party may peremptorily challenge two jurors (a) in any cause to be
tried in any of the courts.
18 09.—Chapter 107.
Section 1. Any person or persons who may hereafter be sum*
moned as a juror to attend any of the courts of this state, and who by
sickness, accident, or other casualty, may fail to attend such court or
courts, shall make his or their excuse to the next court to which he
or they may have been summoned, and if the said court shall think
his or their excuse reasonable, they shall remit any fine which delin-
quent jurors may be liable to, and all costs accruing theieon, which
said cost shall be paid the officers of court, out of any fines and for-
feitures arising in such court.
180 9.—Chapter 119.
Householders Section 2. Every white male citizen, being a householder, and ar-
competent, ex- rived at the age of twenty-one years, shall be deemed and held legally
cept on change qualified to act as a grand or petit juror in the different counties in
o venue. gtate^ ajj caseg except such that the venue thereof has been
changed.
18 11.—Chapter 72.
Section 19. There shall be twenty-six (now twenty-Jive or thirty-
se®en ty act of 1835, c. 60, s. 8) jurors summoned for each circuit court
moned!° 8Um and no more than thirteen of whom shall be drawn for, and compose
Grand Jury; the grand jury, and the residue the traverse jury to said court. The
(a) If a good cause of challenge lies against a juror, and the cause of exception exists before he is sworn,
the party who objects to him, must challenge him—otherwise the objection is waived. 1 Yerg. 206.
2. When several defendants are jointly tried, each one of them is entitled to the number o: peremptory
challenges allowed by law; and a challenge by one, excludes the party challenged as to all. 2 Yefg. 246.
3. Where the person summoned as a juror has, from conversing with the witnesses, or hearing them speak
on examination before a magistrate, formed and expressed an opinion, he is incompetent to sit on the trial, and
therefore subject to peremptory challenge; 1 Yerg. 432.
Ministers of
Gospelex'mpt'd.
Parties in suit
not to be ap-
pointed.
Either party
may challenge
two jurors.
Jurors in de-
fault to make ex-
cuse at next
term
Fine and costs
to be remitt'd on
good excuse.
JURY.
423
grand jury shall act as petit jurors at all times, except when they are to serve w
engaged in grand jury business. Pet,t lurors-
1817.—Chapter 99.
Section 1. If a trial shall be commenced in any criminal prosecution Jurors taken
or civil cause, before any court having cognizance of the same, and if
during the progress of the trial a juror or jurors shall become so unwell, be8sworn to* AH
that in the opinion of the court presiding in the trial, he or they are place, and trial
unable to serve, he or they may by the court be permitted to retire, t0 commence de
and the sheriff shall be directed and required to summon instanter, a
juror or jurors in his or their place or places, who shall by the direc-
tion of the court be sworn, and the trial shall be commenced de novo,
and the verdict, when rendered, shall be as effectual in law as if the
said juror or jurors last sworn had been sworn when the jury was
first impanneled.(6)
1817.—Chapter 131.
Section 2. That whenever a sufficient number of jurors of the When a
original pannel, to compose a grand jury, shall not attend any term cient number of
of any circuit court, on the first day thereof, it shall be the duty of jurors do not
the court, to empannel a grand jury, consisting of so many of the ori- gran^ jury" hen
ginal pannel as may attend, if any, and the residue of the bystanders, bystanders'to be
and in case none of the original pannel shall attend, or in case no summoned,
jurors have been appointed to attend said court, then such grand jury
shall consist wholly of bystanders, and in either case the jurors com-
posing such grand jury shall be bound to attend until discharged by
the court: Provided, That the bystanders sworn in any grand jury
shall be either freeholders or householders of the county in which
such court shall be holden.
18 21.—Chapter 24.
Section 1. In all criminal prosecutions above the grade of petit J^ner^mtitied
larceny, the counsel for the state shall be entitled to a peremptory to 4 challenges'
challenge of four jurors: (a) Provided, said challenge shall be made
before the juror is put to the prisoner.
18 2 3.—Chapter 1.
Section 1. That all persons residing in the Hiwassee district, Provision for
who may have purchased and claimed lands under this state, be and ^°rs *n HiWM"
they are hereby declared freeholders so far as to qualify them to
(b) If, in the trial of a criminal case, a juror is discharged for sickness, the defendant upon the summoning
of a juror to fill his place, is entitled to the whole number of challenges allowed him by law in such case, in the
same manner as if no juror had been selected. 5 Yerg. 160.
2. Under this act if one or more jurors become sick and unable to act in the trial of a criminal case, and be
discharged, this does not discharge the remaining jurors, and break up the pannel, and compel a selection, de
novo. Same.
3. If one juror be discharged for sickness in a criminal cause, no juror who had been once challenged, can
again be summoned as a juror in that case. Same.
424
JURY.
serve as jnrors upon the trial ol all causes which may be brought by
change of venue into the courts of said district.
1 8 2 5.—Chapter 82.
Householders Section 2. In all cases where a change of venue may be had
to servelnpiace where a jury of freeholders cannot be had to try the same, a jury of
of freeholders, householders shall be held and deemed competent to try such cases.
1827, Ch. 79.} 4. (Manner of getting jury in case of special terms.
See Circuit Court.)
1829.—Chapter 4.
Section 1. All jurors legally summoned, and attending any
jowed'fot^fterr!" °f the circuit courts in this state, shall be allowed all ferriages or tolls
ages 4* tolls. which they or any of them may necessarily incur or be liable to, in
going to or returning from their place of residence to the court house
of theirrespective counties, and it shall be the duty of the clerk of
said courts, upon oath of any juryman aforesaid, that he has necessa-
rily incurred ferriage or tolls as aforesaid, to certify the same and the
amount thus necessarily incurred, which shall be included in the cer-
tificate issued by the clerk, to said jurors, and shall be a good voucher,
and chargeable on the county in the same manner that the attendance
of jurors in the respective counties is now by law chargeable.
1829.-Chapter 23.
Defts. to have Section 75. In all cases of felonious homicide, under this act, the
35 challenges in party charged shall be entitled to thirty-five peremptory challenges
h'micide, and 24 as heretofore, and for all other offences the party charged shall be
n other felon es. entjtje(j to twenty-four peremptory challenges.(a)
18 29.—Chapter 45.
Section 1. In all criminal causes which are now pending
for0Vjurorrain an<* undetermined in any of the circuit courts of this state, where a
cases wh'rethey jury may have heretofore been confined more than one day, and
are not allowed where said cause is still undetermined; and in all causes of a criminal
to sperse. nature, where any jury may hereafter be confined more than one day
by the court, and where the jury are not allowed by the law to dis-
perse before returning their verdict, it shall be the duty of the court
to make a reasonable allowance to any person boarding and finding
said jury with the necessary means of support during the time of
their confinement, and tax the same in the bill of costs to be paid as
other costs in said suit.
182 9.—Chapter 55.
Section 1. In the trial of all indictments for criminal offences un-
nor" botVpar- der gra(^e petit larceny, where no peremptory challenges of
ties may chai- 'jurors are allowed by the existing laws, the state and the defendant
i«nge 5 jurors. ghall each be entitled to challenge peremptorily five jurors.(a)
jury.
425
18 2 9.—Chapter 77.
Section 1. At any special term of the circuit courts to be holden grand jm-ie*
in any of the counties in this state, it shall and may be lawful for the to Le appointed
judge presiding, if he deems it necessary to order the empanneling a f°r apeciai terms
grand jury, who shall have the same power, and be governed by the
same laws other grand juries are.
1831, Ch. 25, { 1. (Jury to ascertain value of property not deli-
vered. See Delivery Bonds.)
Ch. 29, $ 2. (Grand Jury to report guardians. See Guardians.)
Ch. 54, $ 1. (Jury empanneled to try issue of fact. See Chancery
Court.)
Ch. 83, j 1. (Jury to fix the time of imprisonment on plea of guilty.
See Criminal Proceedings.)
Ch. 103, § 10. (Patrols exempt from serving on Juries. See
Patrols and Searchers.)
1832, Ch. 22, 5 1- (Persons indicted for assault with felonious
intent may be found guilty of simple assault. See Criminal Pro-
ceedings.)
183 5.—Chapter 6.
. Section 8. The county courts shall, at the first session after county Court
each term of the circuit court, designate and cause to be sum- to nominate
moned by the sheriff or his deputy, twenty-five good and lawful men, jurymen for cir.
citizens of the county, or thirty-seven j\nd two constables, if, in the g™1 court'25 or
opinion of the justices, the interest of the county requires it, being free-
holders, owners of occupancies, or householders, and twenty-one years Qualification*
of age, to serve as jurymen to the next succeeding circuit court; one of jurors.
of whom shall reside in each civil district, into which the counties may
be divided, where there are twenty-five districts, and when there may
be a less number of districts, the said jurymen shall be selected from
them, with as.much equality as practicable; but no mistake or omis- How deai^natod
sion as to the residence of jurors shall amount to a disqualification.—
The justices from each district shall designate the jurymen which
their district shall send, if present; and if a district is not represent-
ed on the bench, by the failure of both their magistrates to attend, or
any other cause, then the other members of the court may appoint
the jurymen for the same: Provided, That if the said court should fail
to appoint a jury at the session above designated, they shall do so
at their next session: Provided also, That the jury for the first term
of the circuit court which shall sit after an act passed at this session
on that subject, shall be appointed by the county courts at any session
before the said term: Provided, They shall each receive the sum of
one dollar for each day they may be in attendance on the several ^R^eived^for
courts, to be paid out of the county treasury; and that their certificate county tax.
of attendance shall be received by the sheriff in payment of the coun- Talisman kept
ty lax. Talismen jurors that are kept more than one day, shall receive than one
the same pay as other jurors, for the whole time they may serve.
55
426
justices of the peace.
18 3 5.—Chapter 18.
Section 3. So much of the 8th section of the act of 1835, ch. 6,
Construction as requires the sheriffs or collectors to receive the certificates of
of 8th section of jurors in payment of county taxes, shall not be so construed as to
ehap. 6. require said certificates to he received, in payment of taxes, unless
there has been a sufficient tax laid to pay all the juror's certificates,
and in case there should not be a sufficient tax laid for that purpose,
said certificates shall be filed with the county trustee, and shall be
paid in the order in which they are filed.
Ch. 68,} 1. (Incompetent to act if related in the 6th degree. See
JUSTICES OF THE PEACE.
constitution, article v. sec. 5; article vi. sec. 1, 3, 10, 11, 15;
article vii. sec. 1.
171 5.—Chapter 16.
No erson to Section 1. No person within this state shall be committed to pri-
be confmitted to son f°r anY criminal matter, until examination thereof be first had
jail, without be-before some magistrate, which magistrate shall admit the party to
ined and tried™ bailable, and shall record the examination of the party, and
a magistrate. also the full matter given in evidence, both against him and for him,
Examination with all concurring circumstances, and shall take recognizance with
be recorded56 t0 £00c*anc^ sufficient securities to the state of Tennessee for the inform-
Prosecutor Sc. er to appear and prosecute as the laws of this state do direct, and
witnesses for the likewise for all evidences for the state to .appear, and give evidence
nteeVto^a^pear against the criminal at the next court where the matter is cognizable
at court. ensuing such examination, which examination and recognizances so
taken shall be returned to the office of the court wherein the matter
Fine of $12.50 js to be tried, under the penalty of twelve dollars and fifty cents for
omeg ect. every neglect, one half to the state and the other half to him or them
that shall sue for the same, to be recovered before any justice of the
peace.
1794.—chapter 1.
Forfeiture of Section 41. If any person who shall be elected a justice of the
of $250 for en- peace, shall presume to execute the office of a justice of the peace, or
ficeofJUp°with t^ie 0ffice °f a justice of any county court, without first qualifying
out qualifying. * himself as by law required, he shall forfeit and pay the sum of two
hundred and fifty dollars, one moiety thereof to the state, towards the
JUSTICES OF THE PEACE.
427
support of government, and the other half to him or them who will
sue for the same, to be recovered with costs, by action of debt, in any
court where the same may be cognizable.
5 53. (Justice to issue commission for deposition in certain ca-
ses. See Depositions.)
17 9 9 .—Chapter 43.
Section 1. It shall not be lawful for any justice of the peace, be- J. being a
ing a candidate for ranger of his own county, to vote or sit on the ranger^not f°o
bench at such election. vote, etc:
1799.—Chapter 47.
Section 1. Any person who may be elected a justice of the peace, Pereonelected
and shall not qualify within twelve months after such appointment, to qualify in 12
shall not be allowed or admitted to qualify, unless re-appointed. months.
1801, Ch. 7, § 2. (Proceedings on bail warrant. See Inprison-
mentfor Debt.)
1804, Ch. 1, { 8. (Justices of the peace exempted from working on
roads. See Roads.)
1 80 4.—Chapter 1.
Section 1. When it shall be necessary for any person to attend as j. p. to issue
a witness before a justice of the peace, in any matter to be tried be- subpoena for wit.
fore him, the said justice shall issue a subpoena as heretofore, and up- neBses*
on the said subpoena being legally served, it shall be the duty of the
person so summoned as aforesaid to attend agreeably to the tenor of jectto^ction'on
said subpoena; and upon failure thereof shall be subject to an action failure,
of damages to the party injured.
180 5.—Chapter 06.
Section l. It shall be the duty of the justices of the peace in this To keep judg-
state, to keep all the judgments they render in civil cases, in their ®e°t8 .in their
possession, unless there are appeals or certioraris granted, which cep^n °MesCof
will make it necessary for them to part with the possession thereof, appeal or certio.
to obey the rules of law; and when they grant an execution, it shall ra Execution to
be on a different piece of paper, and the warrant and judgment shall be on separate
not accompany the same. paper,,
5 4. (Where defendant removes to another county before execution
satisfied, the same may be sent to county to which he has removed,
with the certificate of the clerk, upon which any justice in said coun-
ty may issue an alias, {a) See Execution.)
(«) This act enacts anew and special jurisdiction which must be strictly pursued in order to make valid
the proceedings under it. A justice has no power to issue an execution on one from another county, unless
the same be certified by the clerkas required by this act. 6 Yerg. 481-
428
justices of the peace.
5 6. (An execution being returned not satisfied, the justice may
issue an alias or plurirs. See Execution.)
18 06.—Chapter 54.
j. p. shall re. Section 1. Any justice of the peace who may wish to resign, shall
sign to county make such resignation to the court of the county of which he may be
court. a justice.
18 0 7.—Chapter 36.
ra«y j.p. may Section 2. It shall and may be lawful for any acting justice, for
qualify justices any county in the state, to attend at the time and place for holding
o a new county grgt court jn any new county? and administer to the justices of
the peace, elected in such new county, the oath of office prescribed
by law.
1811, Ch. 113, § 3. (Justices to issue warrant for persons keeping
ordinaries, without license, upon information of constable. See Or-
dinaries and Tippling Houses.)
1811 .-—Chapter 119.
incase ofap. Section 1. Where any person by themselves, their agent or at-
peal papers to be torney, shall pray an appeal from the judgment of any justice of the
courtTy^d da*0 Peace to an7 circuit court, and shall give bond and security according
of succeeding to law, it shall be the duty of the said justice to transmit all the pa-
term. pers relative to the trial of said cause on the second day of the court
to which the appeal is made returnable.
1815, Ch.47, § 1. (Justices to return marriage license to county
court. See Marriages.)
1815, Ch. 53, $ 1. (To give judgment for defendant on balance due
on set-off. See Set-off.)
181 7.—Chapter 86.
Equity juris- Section 1. On the trial of all suits which may hereafter be depen-
diction in ail ca- ding before any justice of the peace, or in any of the courts of this
1*50 n°* ab°Va state? by appeal, or otherwise, where the subject matter does not
* " exceed fifty dollars, it shall be the duty of said justice, or court, to
hear and determine such cause upon its merits, and to hear parol or
other legal evidence to impeach the consideration or validity of any
bond or note, as Veil those with as without seal, (b)
§ 2. (Not deny execution of note but on oath. SeeNon est factum.)
(i) Where a note for $20 under seal was given, and a covenant entered into by the payee for the delivery
ofthe articles, which constituted the consideration, the maker in a suit upon the note may, under this act,
go into the consideration of the note, and is not compelled to sue on the covenant. 6 Yerg. £15.
justices of the peace.
429
181 7.—Oil after 100.
Section 1. When any person or persons shall he apprehended for j. p. to dis.
any criminal offence whatever, and upon an examination of the wit- ^taxp'roMcu'
nesses, both on behalf of the state and prisoner, it shall be the duty lor with costs if
of the justice or justices before whom said prisoner or prisoners are the prosecution
examined, if they believe the prosecution to be frivolous or malicious, ^alif^a°us or
to discharge the prisoner or prisoners, and give judgment against the
prosecutor lor the costs; but if said justice or justices shall be of opinion
that said defendant or defendants is or are guilty of the offence, then to bind over
he or they shall bind them over to court, as directed by the act of f guilty.
1715, ch. 16.
182 3.—Chapter 40.
Section 1. It shall not be lawful for justices of the peace in this Not to receive
state to receive any money on judgments rendered by them. money onjudg't
5 3. (Justices not allowed to stay execution when judgment was ^^red by
rendered by themselves. See Stay of Execution.)
18 2 3^Chapter 42.
Section 1. In all elections, in any of the counties of this state, for ifftfoerle^®dtam^
sheriffs or constables, if it shall appear that any of the magistrates, of to resign office
any of the counties aforesaid, shall be elected to either of said offi- of J- p- and dc*
ces, such magistrate or magistrates, before he shall be permitted beforeVquaiffica-
to take the necessary oaths of office, and enter upon the duties of his tion.
appointment, shall resign his magistracy, and deliver over the docu-
ments of his office, as in case of resignation or removal.
§ 3. (Justice being trustee not to vote in certain cases. See Trus-
tee of County.)
1825, Ch. 38. (J. P. to act as coroner in certain cases. See Coroner.)
18 2 7.—Chapter 51.
Section 1. A justice of the peace shall and may take, and have rmdfction*™ ail
jurisdiction of, and enter judgment for any and all penalties, for- fine9 etc- under
feitures, and fines, incurred under any of the estray laws of this state exTeedin^&ioo*
and for the recovery of any sums of money due under said laws, pro- 6 "
vided, such penalty, fine, forfeiture, or sum due does not exceed the
sum of one hundred dollars.
1 8 2 9.—Chapter 24.
Section 1. Any one justice of the peace shall have jurisdiction in jurisdiction
all cases of damages, whether the same arose from matter of con- in aI1 case9 of
tract or any kind of tort or wrong done, whatever, except actions of
slander, where the damages claimed by the plaintiff do not exceed $50.
430
JUSTICES OF THE PEACE.
fifty dollars; Provided, that either party shall have the right to an
appeal from the judgment of the justices to the circuit court, (c)
1829 Ch. 33, § 5 (In cases compromised after appeal, Justices to
issue execution. See Compromise.)
1831 Ch. 4, (Magistrates may take bail in certain cases. See
Bail.)
18 31.—Chapter 59.
Section 1. A justice of the Peace, out of court, shall have juris-
Jurisdiction diction in all cases of endorsements or assignments of bills, bonds or
in cases of en- promissory notes, the amount of which may be one hundred dollars
dorsed notes ex- 0r under, and the endorsee or endorsees, assignee or assignees of any
tended to $100. gucj1 instrument of writing, shall have the same remedies for the re-
covery of his, her or their just dues, as by existing laws, are extend-
ed to the payee of said instruments of writing.
Sec. 2. A justice of the Peace, out of court shall have jurisdiction
in all cases of one hundred dollars or under, as well against the en-
fiooa^nsten! dorseror endorsers, as against the maker or makers of a bill, bond
dorsers whether or promissory note, whether for cash or trade,
for cash or trade.
1831, Ch. Ill, 5 2. (Where Justices may issue scire facias. See
Scire Facias.)
1833 Ch. 7, § 1. (Justices may issue warrant without written order
from plaintiff. See Constables.)
1833 Ch. 65. 5 1. (Justices may grant certiorari returnable to the
circuit court. See Certiorari.)
1835 Ch. 1, § 3. (Two Justices to be elected in each civil Dis-
trict. See District.)
$ 10 & 11. (Time and mode of electing. See Districts.)
For misde Section 14. Any of the Justices of the peace or constables who
meanors inoffice shall be guilty of any crime or misdemeanor in office, shall be liable
to be indicted <5* to be indicted in the circuit courts of this state, and upon conviction,
remov'dfroniof. gjja.il be removed from office by said court.
Sec. 15. If a vacancy occur in the office of Justice of the peace or
if vacancy oc- constable, by death, resignation, or removal from office, or by the re-
cur, new election m0val of any of the said officers from the district in which he was
elected, the sheriff or coroner shall immediately thereafter, by giv-
ing ten days notice by advertisement, open and hold an election in
said district to fill such vacancy agreeably to the provisions of this
act (See Districts) and the person elected shall be qualified accord-
ing to law, and shall hold his office for and during the term for
which his predecessor was elected, and no longer.
.. . . „„ Sec. 17. No Justice of the peace in this state shall be authorized
Not to act as ,
Deputy Sheriff, or permitted to act as Deputy Sheriff.
(c) A warrant issued under this act for trespass, must contain a statement of the nature of the trespass, and
the property trespassed upon, and a judgment given upon such warrant without this statement is erro-
neous, 5 Yerg. 267.
JUSTICES OF THE PEACE.
431
183 5.—Chapter 17.
Section 1. Each of the justices of the peace elected in the differ- jurisdiction on
ent counties in this State, in pursuance of the fifteenth section of the n°test0 $100'
sixth article of the Constitution, shall have and exercise jursidiction
over all debts and demands due on any specialty, note, or agreement,
signed by the party to be charged therewith, on which the judgment
will not sound in damages, and over all settled accounts signed by
the parties, when the amount claimed to be due on such specialty,
note, agreement or account, does not exceed one hundred dollars;
and shall hear proof and give judgment thereon without the inter-
vention of a jury, and award execution accordingly: subject, never-
theless, to the appeal of either party to the circuit court of the county Appeal,
wherein the trial has taken place, to be tried by a jury as other cas-
es in said court. (d)
Sec. 2. Said justices of the peace shall have and exercise jurisdic- etc.oil50^cc0unt"
tion in manner aforesaid over all sums not exceeding fifty dollars,
which may be due by open account, whether for goods, wares and
merchandise sold and delivered, for work and labor done, or for spe-
cific articles, or by contract in writing signed by the party to be
charged therewith, on which the judgment would sound in damages,
whether due by obligation, note or assumpsit, and shall hear proof,
give judgment, and award execution thereon accordingly; (e) sub-
ject nevertheless, to the appeal of either party to the circuit court of Appeal,
the county wherein the trial has taken place, to be tried by a jury as
other cases in said court, if)
Sec. 3. It shall be the duty of every justice of the peace to desig- To designate
nate some one certain day in every month when he shall attend at his a day and place
usual place of residence, or at some other convenient place in his dis- for the trial of
trict, to hear and determine all matters cognizable before him: Pro- in every
vided always, that nothing herein contained shall prevent any jus-
tice of the peace from trying any cause that may be brought before
him at any time or at any place within his county.
5 4, (Executions from J. P. to be returned in 30 days, and conse-
quences to officer of failure. See Execution.) incase of
Sec. 5. Should the justice of the peace who issued the execution, death etc. of j.
die, resign, or remove Irom his district, or his office should otherwise
become vacant before the return day of any execution, then, and in for/justke hav-
that case, the constable or other returning officer shall return said ex- ing the papers,
ecution to the justice who may have possession of the original judg-
(d) A note for $100, due some time before the warrant issued is evidence before or upon appeal from a
justice. The plaintiff may afterwards prove or allow credits to reduce his claims to an amount over which
the justice has jurisdiction. If the amount at the time judgment is rendered is within his jurisdiction it will
be good. 5 Hay. 258.
2. If on a note for more than $100, judgment is given before a justice for $100, the balance cannot be re-
covered on another suit. Same.
3. A justice has no jurisdiction where the note or settled account with interest,amounts to more than $100
Mar. and Yer. 240.
4. Where a freighter gives a receipt for three hogsheads of Tobacco and accounts for only two, a justice
has jurisdiction of a claim for the third, 5 Yer. 427,
(e) A justice of the peace has no jurisdiction above $50, under the act of 1809, Ch, 54, Sec. 1, on notes
or agreements for specific articles. Peck 134.
2. A justice has no jurisdiction, where the note sued on exceeds $50 and is payable in bank notes. 1 Yer. 165.
(/) If the proceedings by the justice do not shew an appeal was granted, except by the recital in the ap.
peal bond, the circuit court has no jurisdiction and will strike the case from the docket. 1 Yer. 400.
2. Where several actions are brought up from before a justice, and depend upon the same question, they
will be consolidated, upon motion, and the party cast must pay all the costs, though the motion to amend be
made by the adverse party. 5 Yer. 297,
4si
justices of the peace.
Not to give ment, who shall have all the powers conferred hv law on the justice
judgment by mo-who issued the execution: Provided, that no justice of the peace
ties withoutClco- render a judgment, on motion, against the securities of any con-
py of bond stable for a failure of duty until the plaintiff, his agent or attorney,
produce to the justice a certified copy of his bond.
Sec. 6. In all cases where the laws now in force require the sig-
ma 0ndo^U acts nature *wo justices of the peace to the issuance of any warrant,
which now*1 re*- or for the trial of any matter, which, by the existing laws, require
quiretwo. the presence oftwo justices, the same may be done by one justice;
and any warrant issued, or judgment rendered as aforesaid, shall be
as good and effectual in law as though the same had been issued or
judgment rendered by two justices as now required by law.
To keep a Sec. 7. Every justice of the peace shall keep in a well bound book,
docket of ail a docket of all judgments rendered by him, which shall show in whose
judgments- faVor and against whom each judgment was rendered, and also the
date of its rendition and the amount thereof; and after any suitor ac-
tion shall be decided or disposed of by such justice, he shall read over,
if required, to the parties the entries made by him on his docket, and
shall furnish a transcript of his proceedings in any cause to any per-
shall k e a son aPP*y*nS therefor and paying" t° the justice a fee of twenty-five
execution6dock- cents for the transcript; he shall also keep an execution docket, show-
et- ing the amount of each execution, in whose favor and against whom
it has been issued, the date of its issuance, and to whom delivered;
and when an execution shall be returned, he shall note on his execu-
tion docket whether the same is satisfied in whole or in part, or re-
Alias execu- mains unsatisfied, and also the date on which it was returned, and
tion not to issue the name of the officer by whom it was returned. When an execu-
ed affidavit t*on ^as ^een issued on a justice's judgment, the said justice shall not
of'loss. in any instance issue another on the same judgment until the former
execution has been returned, or an affidavit made that it has been
lost, mislaid, or destroyed, and that itfo unsatisfied.
Fees 25 cents Sec. 8. Each justice of the peace shall be entitled to twenty-five
forjudgme't and cents for every judgment he may render, and to twelve and one half
12£ cents for ex- cents for every execution he may issue, which fees shall be paid by
ecution. ^ unsuccessful party in the suit before him, and against whom he
may render a judgment for all costs of the cause, and issue execution
for the same.
Sec. 9. All warrants issued by justices of the peace, shall be, by
Warra'ts where the officer who serves them, returned before some justice ofthepeace
returned. within the district in which the defendant resides, or before some
justice in an adjoining district, who is legally competent to try such
case: Provided, such justice in an adjoining district resides nearer
to the defendant than any justice in the district of such defendant;
and Provided also, that a mistake in distance shall not vitiate a judg-
ment, except warrants for misdemeanors and offences against the
penal and criminal laws of the State, which may be returned at any
place within the county in which they were issued, and except in
cases in which a civil warrant may have been issued against more
than one defendant when they reside in different districts, in which
case the warrant may be returned in any district in which one of the
defendants may reside, except wThere one or more of the defendants
are endorsers, and in that case it shall be returned to the district in
which the original obligor may reside, if the original obligor is inclu-
ded in the suit with one or more endorsers, and except also, in cases in
which persons residing in one county may be served with a warrant
JUSTICES OF THE PEACE.
433
in any other county, in which case the warrant shall be returned in
the district in which it was served, and except also, where the defen-
dant may have no fixed place of residence, or may be about to re*
move or abscond, in which cases it shall be lawful for the officer to
return such process in the district in which it may be served, or be-
fore the most convenient magistrate: Provided, that in case both of
the justices of any district in which, by the provisions of this act, any
warrant is required to be returned, shall be related to either of the
parties by affinity or consanguinity, or otherwise incompetent to try
the same, or where there shall be any vacancy in the magistracy of
the district, or the magistrates thereof shall be absent, then, and in
that event, it shall be lawful for such warrant to be returned in any
adjoining district free from like exception: Provided, also, that noth-
ing herein contained, shall be so construed as to preclude any officer
from returning any process in any district by consent of the defendant.
Sec. 10. In all judgments rendered By a justice of the peace, eith- Two entire
er party shall be allowed two entire days, Sundays excepted, af- appeaUr «ay,tQ
ter the one on which the judgment was renderd to take an appeal
to the circuit court and giving bond and security therefor, or to stay
execution: Provided, when the plaintiff in the judgment shall make
oath that he believes it is the intention of the defendant or defendants
to abscond, remove or defraud him of his debt by removing his prop- Execution to
erty out of the county, in such case execution shall issue or a ca. sa. issue sooner up.
at the option of the party praying the same at the time of rendering on affidavit-
the judgment.
Sec. 11. In all dhses wherein by the laws now in force in this Papers to be
State, any papers or proceedings in a cause before a justice_of the ^our' for
peace are by law directed to be filed in the county court for further further°proceed-
proceedings thereon, the same shall be filed in the circuit court there ings.
to be proceeded on as if they had been filed in the county court, and
where an execution issued by a justice of the peace has been levied
upon land and the papers returned to the circuit court according to
the existing law, for the purpose of having judgment of condemna-
tion against said land, and an order of sale to sell the same, it shall
be the duty of the clerk to record said papers at full length in his
minute book, for which he shall receive a fee of fifty cents.
Sec. 12. Every person who shall be elected a justice of the peace Oath of jus-
before entering upon and executing said office shall publicly take the tlce*
oath to support the constitution of the United States, an oath to sup-
port the constitution of this state, and the following oath of office:
"I, A. B., do solemnly swear or affirm, that as a justice of the peace
in the county of , I will administer justice without respect
to persons, doing equal right to the poor and to the rich, and that I will
faithfully and impartially discharge and perform all the duties incum-
bent on me as a justice of the peace according to the best of my skill
and ability,—So help me God.n
Sec. 13. It shall not be lawful for any justice of the peace in this Not to sign
state to sign any warrant until the same is written out at full length, wa"ant tl11
so as to make said warrant complete in law. written out.
Sec. 14. As soon as practicable after thaelection and qualification of Old justices to
justices of the peace under the amended constitution, the justices of the fi,e ^,l th*if Pa*
peace now in commission in this state shall deliver over to one of the jus- K Tnd
tices of the peace in their respective districts all their official books and wceipt.
papers, for which said official books they shall take and file a receipt
56
434
JUSTICES OF THE PEACE.
New ones to WI^ the clerk of the county court, and it shall be the duty of the jus-
Issue process tices °f the peace to whom said books and papers are delivered when-
thereon. ever lawfully required to issue any legal process to enforce the col-
lection of any judgment thereon remaining unsatisfied, subject to the
same rules and regulations as other process issued by the said justi-
ces for the collection of judgments rendered by themselves,
in cases of va- ®EC* 15. Whenever the office of any justice of the peace shall be-
•ancy or absence come vacant, all the dockets, papers, books and public laws or sta-
3 months, pap'rs tutes pertaining to his office, shall, if a successor be chosen and quali-
orer'and'procMs hed at the time, be delivered over to him, but if no successor be cho-
to be issued, sen and qualified, then to the nearest justice in the district if any
there be, but if there be none then to the nearest in the county, to be
kept by him until a successor be chosen and qualified, and then de-
liveredover to him on request, and if any justice shall absent himself
from his district for three months together, he shall deposit the books
and papers of his office previous to such absence with the nearest
justice, as aforesaid, to be kept and acted on by him in the cases and
manner hereinafter provided until such absent justice shall return
or a successor be chosen and qualified, and then delivered to such
justice or successor, and in case of a vacancy or absence it shall be
the duty of any person into whose possession any such books and
papers may come, to deliver them on demand to the proper justice,
and any justice so receiving by succession or on deposit any such
books or papers, shall if required, give a receipt therefor to the per-
son from whom he receives the same, and if anyperson shall neglect
or refuse to comply with either of the above provisions of this sec-
tion, he shall on conviction thereof by presentment or indictment in
the circuit court, be fined not exceeding fifty dollars, and moreover be
responsible to the party injured in damages for such refusal or ne-
gleet: Provided, that nothing in this section shall be so construed as
to require a justice of the peace who makes a temporary deposit of
his docket to accompany the same with any other papers than those
which relate to unsettled business thereon: and ■provided also, that
When justice any justice of the peace for said county may issue an execution upon
another justice any judgment rendered by any other justice of the same county when-
to issue execu. ever the justice rendering the judgment is temporarily absent, under
tion on his judg- the same rules and regulations that govern the justice who rendered
ments, the judgment.
Justice having ®EC* The justice with whom the books and papers of another
papers to issue may be deposited during a vacancy or absence as aforesaid, is hereby
execution and authorized whilst having such books and papers in his possession as
give transcripts, ancj shall at the request of the judgment creditor or any
one interested or his or their agent, issue an execution upon any judg-
ment on the docket left with him that may be due before it is deliv-
eredup, in the same manner as if the judgment was originally ren-
dered before him, and in like manner shall give transcripts ol judg-
ments and proceedings, and the successor of any other justice, on
obtaining his docket and papers, shall be authorized to issue executions
upon his judgments, and to give and certify transcripts of his pro-
ceedings as if the same were originally had before himself.
Form of judg. Sec. 17. The judgment and execution dockets which the justices
ment and execu- of the peace are required by the seventh section hereof to keep shall
tion docket. according to the form hereto annexed, which is hereby made a part
of this act-
JUSTICES or THE PEACE*
435
§5
1836,
January 15.
Date of
trial.
Jno. Doe,
vs.
It. Roe.
Parties'
Names.
«5
00
CO
<*
Amount of
Judgment.
J. Denison.
ba
*1 €
8 ^
ft* o
* §
T. Gripe.
Returning
Officer.
i
1836,
June 16.
|
Execution,
when issued.
<
' |
Justice J. P. for
judgment and/?.
fa. 374 cents.
Constable Gripe,
s'rving warrant
50 cents.
Witness, A. B.,
25 cents.
s
t
Fi. Fa. returned sat-
isfied.
July 15, 1836.
T. Gripe,
Const.
Officer's Return.
1
O
«-i
a
e
o
S
H
21
H
M
O
CI
H
O
2!
S
a
§
8
S
3
§
436
lano.
Sec. 18. All laws now in force and use in this state, prescribing
Laws not in- the duty and designating the jurisdiction of justices of the peace out of
tin^Tc^to^re- court and which are not inconsistent with the provisions herein con-
main in force, tained and with the constitution of the state, shall remain in full force
and effect until otherwise directed bylaw.
Sec. 19. The justices of the peace and constables in this state,
when the pre- shall continue in the exercise of all the functions conferred upon them
go" wit" anTtbe the laws existing under the old constitution until the first Monday
new onea to in May next, When the constables.and magistrates to be elected on
come in. the first Saturday in March next shall be qualified and enter upon the
duties of their offices, and this act and an act passed on the 3d Decern-
ber 1835, entitled an act to reorganize the county courts in this state
shall hot take effect until the said first Monday in May next, any
previous enactments of the present General Assembly to the con-
irary notwithstanding.
133 5.—Chapter 18.
Section 15. Any judge of the circuit or chancery court or any of
By whom new ibe present justices of the peace, shall be and are hereby authorized
qualified.10 be qualify the justices of the peace, clerks and other officers elected
'under the amended constitution.
1835, Ch. 42, } 1. (Justices may issue attachments under one
hundred dollars. See Attachments.)
1835, Ch. 66, j 1. (Incompetent^to act if related in the six de-
grees. See Supreme Court.)
LAND.
1784, Ch. 11. (How reached in the hands of heirs and devisees
when chatties exhausted.—See Heirs and Devisees.)
1786, Ch. 14, § 10. (May be levied upon by execution from Jus-
tice of Peace.—See Execution.)
1787, (And other acts providing for partition between heirs and
tenants in comrtion, and for sale where partition cannot be equally
made.—See Partition.)
18 01.—Chapter 40.
All lands to be sold by any sheriff, which are directed to be ad-
when »oid by vertised in a public Gazette, shall be advertised in the Gazette of the
advertUed7here county where the land lies, if there be one, if not then in the Ga-
zette nearest to where the laptyies.
LAWS AND STATUTES.
4$1
1805.—chapter 11.
section 1. It shall and may be lawful for any person or persons Mar be sold
having a right or title to land, although he, she, or they may be out possession?01" *
of possession, and notwithstanding there may be an adverse posses-
sion, to sell, Convey and transfer his, her, or their interest in and to
the same, in as full and ample a manner as if he, she or they had
been in actual possession of the land intended to be conveyed and.
the grantee or grantees shall have the same right of action to recov-
er the possession thereof that the grantor or grantors had at the
time of executing the conveyance.
sec. 2. In all cases of actions hereafter to be brought in any of Purchaser to
the courts of this state, it shall and may be lawful for the grantee have as g°nd tl
or grantees claiming an interest under a conveyance for land hereto- Pa/been^pos-
fore made, although the grantor or grantors were out of possession session,
and notwithstanding there was an adverse possession at the time the
conveyance was executed to derive the same benefit and advantage
therefrom, as[if the grantor or grantors had been in actual possession
at the time of executing the conveyance.—See Champerty, Act 1821
Chap. 66.
1831.—chapter 66.
section 1. When any person or persons have, or shall hereafter,
purchase any tract or tracts of land, or any part thereof, and the
agreement for the purchase is reduced to writing, but the party pur-
chasing, by and with the assent of the vendor, has entered into pos-
session and used and occupied the said land, and afterwards refuses
to comply with said parol agreement by receiving a deed therefor—
then and in such case, said person or persons, so entering into pos-
session, shall be liable in an action of assumpsit for the use and oc-
cupation of said land, and for the value of the timber cut down, and
sold or destroyed by him, excepting for his necessary fire wood fenc-
ing and other necessary improvements.
NoTfc. Fbr remarks upon and references to "Land Law."—See Appendix title "L<thd.n
LAWS AND STATUTES.
constitution. art. 1, sec. 11 and 20. art. 11, sec. 1.
1715 —chapter 31.
section 6. The common law is and shall be in force in this th^£mcmtaw
government, except such part in the practice in the issuing and re- in force.
Purchaser
without writing
who fails to ke'p
liable for use
and timber.
438
laws and statutes.
turn of writs and proceedings in the court of Westminster, which for
want of several officers cannot be put in execution.
What portion ®EC* ^^ laws of England providing for the privileges of the
of English laws people, and security of trade, as also, all statute laws made for
in force here. the limitation of actions, and preventing of vexatious law-suits, and
for preventing immorality and fraud, and for confirming inheritances
and titles of land, are and shall be in force here, although this pro-
vince, or the plantations in general, are not therein named.
17 7 8.—Chapter 5.
Section 2. All such statutes and such parts of the common
Laws to con. law, as were heretofore in force and use in this Territory, and all the
tinue in force. acts Gf t^e }ate general assemblies thereof, or so much of the said
statutes, common law, and acts of assembly, as are not destructive of,
repugnant to, or inconsistent with the freedom, and independence of
this State, and the form of government therein established, and
which have not been otherwise provided for, in the whole or in part,
not abrogated, repealed, or expired, or become obsolete, are hereby
declared to be in full force within this State, (a)
178 9.—Chapter 3.
Condition 8, in the Cession Act.
(The laws in force in North Carolina to be in force in the Terri-
tory ceded.—Ante p. 41.)
17 9 4.—Chapter 1.
r { 27. (The statutes of England for amendment called "Sta-
tutes of Jeofails" in force here.—See Amendment.)
(a) With respect to what part of the statutes of England "■were heretofore in use and force," no satis,
factory opinion can be given; but the alternative of this sentence is susceptible of specification. The ex-
pressions are, "or so much of the statutes, common law and acts of assembly, as are not destructive of, re-
pugnanttoor inconsistent with the freedom and independence of this State, and the form of government."
&c. In other words, all the statutes of England, contemplated in this act. are in force, which are not incon-
■istent with these principles and the form of our government. The statutes contemplated by the act, were
those which passsed previously to the fourth year of James the first, when the charter to the colony of
Virginia was granted, which included what was afterwards North Carolina. 1 Tenn 154. 2 Tenn 257.
2. The statutes of 29, Charles 2, chap. 3. sec. 10, which subjects trust estates to execution, for the debts
of the cestui que trust; 3rd and 4th. William and Mary chap. 14; 5 George 2, chap. 7, sec. 4. by which
the act of 29 Charles is extended to the plantations, are in force in Tennessee, (These statu'ea may be
found in 1 Yerger page 8.J 3 Hay. 6. 7. 8. and 9. 1 Yerger 3.
3- But the statute extends only to trusts, which are raised by, or result from, a conveyance, and not to
constructive trusts, or those merely covenanted or agreed to be raised. Same.
i 4. The statute of limitations of 21. James 1. chap. 16, sec. 3, is in force in Tennessee. 34Yerg. 320.
This statute may be found in the appendix, under the title "Limitations.
LIBELS AND LIMITATIONS,
439
LIBELS.
18 05.—Chapter 6.
Sec. 1. (A charge of fornication or adultery actionable. See
Fornication.)
Sec 2. In cases of indictments for libels, the person or persons
charged, may give the truth of the matter charged in the indictment
in evidence, under the plea of not guilty, and shall have every advan-
tage thereof, that they now can have under any plea of justification
in actions for libels.
LIMITATIONS.
1715.—Chapter 27.
Section 5. That all actions of trespass, detinue, actions sur trover,
(a) and replevin for taking away goods and chattels, all actions of Of personal
accounts and upon the case, all actions of debt for arrearages of actions,
rent, and all actions of assault, menace, battery, wounding and im-
prisonment, or any of them, which shall be sued or brought at any
time after the ratification of this act shall be commenced or brought
within the time- and limitation in this act expressed, and not after:
that is to say, actions of account render actions upon the case, actions Actions of debt
of debt for arrearages of rent (6 12,) actions of detinue, replevin, and for rent, acc'nt,
trespass, quere clausumfregit, within three years next after the rati-
fication of this act, or within three years next after the cause of such to land, limited'
action or suit and not after, except such accounts as concern the trade l°3 years. ^
of merchandize between merchant and merchant, and their factors or aCm«-
servants; and the said actions of trespass, assault and battery, wound- chants,
ing, imprisonment or any of them, within one year next after the Trespass for
f. c ; ' n J c , as bat wounds'
ratification of this act, or withm one year alter the cause ol such impnVi m'nt
action or suit, and not after, and the said actions upon the case for in one year,
words, within six months after the ratification of this act, or within ^^0*6 m'nths'.
six months after the words spoken, and not after.(&)
(a) In trover the statute of limitations begins to run from the first moment of the defendant's possession,
if the use was wot lawful; and the plaintiff is not permitted to assume as the period, any point of time dur-
ing the continuance of the possession in the defendant. 1 Term. 22.
{b) The statute of limitations does not apply tocases of express trust. The rule that "the statute of lim-
itations does not bar a trust estate," holds only as between the cestui que trust and trustee, and not as be-
tween tiie former on one side, and strangers 011 the other, Cooke, 179. 3 Hay, 152, 252. 1 Yer. 296.
2' The statute of limitations does not begin to run until there is a cause of action. Cooke, 437.
3. The removal of property to a distance for the purpose of avoiding the plaintiff's action, concealing
whre it is, Ac. will prevent the statute from running. But the plaintiff must state in his replication, and
prove such removal or secretion, and that he used due diligence to discover where the property was. 3
Hay, 152.
440
limitations.
Sec. 6. That if on any of the said actions or suits, judgments be
given for the plaintiff, and the same be reversed by error, or a ver-
diet pass for the plaintiff, and upon matter alleged in arrest of judg-
ment, the judgment be given against the plaintiff, that he take nothing
by his plaint, writ or bill, or if any of the said actions shall be
brought by original writ, and the defendant cannot be attached, or
legally served with process, that in all such cases the party plaintiff,
his heirs, executors or administrators, as the case shall require, may
commence a new action or suit from time to time, within a year
4. A suit for a legacy cannot be barred by the statute of limitations. Same, 221.
5. If several be in possession, the legal possession is in him who has title. 4 Hay, 174.
6. When a court of equity dismisses a bill because the matter is cognizable at law. chancery will not suf.
fer that time to be reckoned on a plea of the statute of limitations at law. 4 Hay, 210.
7. The statute will not be a bar where the relation of trustee, and cestui que trust exists. But this rule
Is only applicable to the technical trusts.of which a court of equity has exclusive jurisdiction. Mar. and
Yer. 361.
8. The adverse possession of a slave, so long as to bar any action that could be brought against the posses-
sor, vests in him an absolute right of property. Mar. and Yerg, 426.
9. Courts of equity to the same extent as courts of law, are bound by the statute of limitations in all cases
of I ailments, loans, powers, deposits, &c., although express trusts when there are concurrent remedies at
law and inequity. 3 Yer 201.
10. The only exception to the operation of the statute of limitations on trusts, is where the trust's crea-
ted by express contract, and the relation of trustee and cestui que trust exists in fact, and not by implication.
Same.
11. Where A. by cover ant with B. was to sell B.'s lands, and pay over two-thirds of proceeds, and retain
the other third lor his services, this constitutes the relation of trustee and cestui que trust, by express con-
tract, and though there are concurrent remedies at law and equity, the statute of limitations 011715, ch. 27,
sec, 5, is no bar upon a bill fileu for an account. Same.
12. The statute ol° limitations 1715, ch. 27, sec. 5, does not bar actions of debt generally, but those only
Which are brought for arrearages of rent. 3 Yer. 320.
13. The statute of limitations 21, James 1, ch. 16, sec. 3. is in force in Tennessee, and bars actions of
debt grounded upon any lending or contract without specialty, after six years from the cause of action ac-
crued or fallen. Same.'
14. An action of debt upon a promissory note sealed, is barred by the 21st Ja. 1, ch, 16, sec. 2, in six years
after tbe note fallsdue. Same.
]5. The act of 1715, ch. 27, sec. 5, does not bar the right of a mortgagor to redeem personal property
after three years have elapsed from the possession of the mortgagee. 3 Yer. 513.
16. The act of limitations are binding on courts of equity as well as courts of law. 4 Yer. 104.
17. The statute of limitations does not bar a technical trust created by contract, continued,-acknowledged
and acted upon hy the parties. But if a trustee take possession of property as his own, during the ri«lit of
the cestui que trust, and holds the same adversely, lapse of time from that periodwill constitute a bar in equity.
Same.
18. Three years adverse possession of personal property vests the right of property in the pos-essor.—
4 Yer. 174,507.
19. A. received money as agent for B. and for his use, and died.. Held that an action of assumpsit for the
same against A's ad. after three years, from the time the money was received was barred. 14 Yer t188.—
Mar. and Yer. 361
20 If the defendant within the time of limitation admit the debt to be unsatisfied, that takes it out of the
act. 5 Hay. 93.
21. To take a case out of the statute there must bo an acknowledgment by the defendant of an actual sub-
sisting debt due to the pla ntiff, in three years next before the commencement of the action. Mar. and Yer.
270.
22. A promise to pay by the executor will not take a case out of the act of limitations as against the heir.
Same, 353.
23. The statutes of limitations are for the benefit of society, and ought to be favorably construed. A rell-
nnceon them is no disparagement to any person. Cooke 184.
24. In personal actions, if the defendant do not plead the statute of limitations, he cannot insist upon it.
No one can plead for him. It cannot be pleaded by a garnishee, nor by a person into whose hands a chat-
tel may coine after a prior possession by another. 5 Hay. 152.
25. If plaintiff rely upon exception in statute, he must reply it specially. Same.
26. When an action at law can be sustained on any simple contract, the act of limitation may be pleaded
against it, notwitnstanding a court of equity may be resorted to. Mar.3nd Yer. 361.
27. At law tlie act of limitation applies, and may be pb aded in every case in which the species of action
brought is embraced by tbe words of the statute, as "case," in all its varieties. 3 Yer. 201.
23. If the defendant plead the act of limitations, and the plaintiff reply, the onus is on plaintiff'. Same,
496.
29, Infant may hold adverse possession of slave hy guardian or self. 5 Yer. 281.
3Q. Where the fraud alleged was not discovered until within a few months before the bill was filed, the act
will not bar the claim in equity. 6 Yer. 69*
To be brought
In a year after
reversal, eic. of
judgment, etc.
limitations.
after such judgment reversed, or such judgment given against thdr
plaintiff, or till the defendant can be attached or served with process,
so as to compel him to appear and answer.(c)
Sec. 9. If any person or persons that is or shall be entitled Saving3 ln fa.
to any such action of trespass, detinue, actions sur trover, replevin, vor of infanta,
actions of accounts, and upon the case, actions of debt for arrearages etc*
of rent, actions of assault, menace, battery, wounding and imprison-
ment, actions of trespass quere clausum f regit, actions upon the case
for slanderous words, be, or shall be at the time of any such cause of
action given or accrued, fallen or come within the ago of twenty-one
years, feme covert, non compos mentis, imprisoned beyond seas, that
then such person or persons shall be at liberty to bring the same . J08ue!?t!!n!!
-a. l -.u- l ,■ ° , £» before limited
actions, so as they bring the same within such times as are before after disability.
limited, after their coming to or being of full age, discovert of sound
memory, at large or returned from beyond seas, as other persons hav-
ing no such impediments might have done.(d)
1715, Ch. 48,5 9. (Creditors to sue in seven years after death of
debtor, or barred. See Administrators and Executors.)
17 86.—Chapter 4.
Section 5. The act of limitations of this state shall apply to,all bonds alJ
bills, and other securities hereafter executed, made transferable by after aMigim'nt!
law, after the assignment or endorsement thereof in the same manner
as it operates by law against promissory notes.
1789, Ch. 23, $ 4. (Limitations of actions against administrators
and executors.(e) See Administrators and Executors.)
1799, Ch. 8, § 4. (Suits for property won at gaming, barred after
.90 days. See Gaming.)
Oct. 17 99.—Chapter 12.
Section 1. No writ of error shall be granted or allowed to writ of error
reverse any judgment or decree of any court in this state, unless the limited to two
same be sued for within two years next after the judgment or decree year9,
shall have been rendered or given as aforesaid: Provided, That in- Saving ln fa.
flints feme coverts, persons non compos mentis, imprisoned, beyond vor of1 infante,
seas, or persons in the military service of the United States, may
prosecute ivrits of error, so as the same be sued for within two years
after their coming of full age, discoverture, sound mind, at large, re-
(c) This section provides for three cases respecting suits in which the statutes shall not operate 1 st, Where
judgment for the plaintiff has been reversed for error; 2d, where judgment for the plaintiff .has be arrested;
3d, Where the defendant cannot be served with process. 1 Tenn. 363.
f d) A person held in slavery, is "imprisoned" in the meaning of the word in this section. 4 Yer. 299.
2. In a joint action for the conversion of personal property, if all the plaintiffs were under a disability tq sue
at the time the cause of action accrued to them, the statute of limitations does not bar, until three years after
the disability shall have been removed as to all. But where one of several joint plaintiffs was under no diss-
bility at the time the action accrued, all will be barred. 5 Yer. 1.
(e) This act does not bar demands on notes not due at the death of the deceased, nor such as fall due alter
administration taken out. 3 Yer. 318.
2. The act only begins to run from the time a cause of action has accrued, and when there was an ad. or ex.
to be sued, and not before. Same.
3. This act forms a bar to any action or suit against an ex. or ad. in two years, if plaintiff be a citizen of
this state, and three if a nonresident. 3 Yer. 265.
57
442
limitations.
turned from beyond seas, or discharged from military service of the
United States, in the same manner as persons having no such impedi-
ment might have done.
1819.—Chapter 28.
Whereas many disputes have arisen with regard to the proper con
Preamble. struction of the statutes of limitation, and the time seems fast ap-
proaching when the titles to land will become so perplexed, that no
man will know from whom to take or buy lands for remedy
whereof,
Section 1. In all cases where any person or persons, their
Seven ears ^e^rs or ass^gns? shall at the passing of this act, or at any time after
possession ^of having had seven years possession of any lands, tenements, or here-
lands, without ditaments, which have been granted by this state or the state of North
dataw bat t0 aU Carolina, holding or claiming the same by virtue of a deed, or deeds
of conveyance, devise, grant or other assurance, purporting to con-
vey an estate in fee simple, and no claim by suit in law or equity,
effectually prosecuted, shall have been set up or made to the said
lands, tenements and hereditaments within the aforesaid time, then
and in that case the person or persons, their heirs or assigns so hold-
ing possession as aforesaid, shall be entitled to keep and hold in posses-
sion, such quantity of land as shall be specified and described in his,
her, or their deed of conveyance, devise, grant or other assurance as
aforesaid, in preference to and against all and all manner of person
or persons whatsoever; and any person or persons and their heirs,
who shall neglect, or who shall have neglected for the said term of
seven years, to avail themselves of the benefit of any title, legal or
equitable, which he, she or they may have to any lands, tenements,
or hereditaments, within this state, by] suit of law or equity, effectu-
ally prosecuted against the person or persons so as aforesaid in pos-
session, shall be forever barred, and the person or persons, their
heirs or assigns, so holding or keeping possession as aforesaid, for
the term aforesaid, shall have a good and indefeasable title in
fee simple to such lands tenements, or hereditaments: Provided,
wh«rOVi"erson» ^at ^ person or persons that have been, are, or shall be enti-
^ovided'Tor8.011* tied to commence and prosecute such suit in law or equity, shall
have been, be, or shall be at the time of said right or title first de-
Savirg in fa- scended, accrued, come or fallen within the age of twenty-one years,
vor of minors, j-eme coverf} non compos mentis, imprisoned, or beyond the limits of
e c* the United States and the territories thereof, that then such person
and persons, his, her or their heir or heirs, shall or may, notwith-
standing the seven years be expired, bring his or her suit or action,
as he, she or they might have done, before this act, so as such person
May sue in 3 an<^ Personsj°r h*9? her or their heir and heirs, shall within three years
yeara after remo- next, after his, her and their full age, discoverture, coming of sound
vni of disabiii- mind, enlargement out of prison, coming into the United States or
t,e8' the territories thereof, or death, take benefit of and commence such
Cumutative dis- su*t> and at no time after the said three years. Provided also, That in
ability not ai- the construction of this saving, no cumulative disability shall prevent
lowed. bar aforesaid, but shall only apply to that or those disabilities,
which existed when the right to sue first accrued, and no other; and
limitations.
m
Provided also, That such suit so commenced to save the bar, Suit to save bar
shall be a suit prosecuted with effect and no other.(y) ted witn^ffeet!1
Sec. 2. No person or persons or their heirs, shall have, sue or no person to
maintain any action or suit, either in law or equity, for any lands,
tenements or hereditaments, but within seven years next after his, ing of W9 right,
her or their right to commence, have or maintain such suit shall have
come, fallen or accrued, and that all suits, either in law or equity,
for the recovery of any lands, tenements or hereditaments, shall be
had and sued within seven years next after the title or cause of ac-
tion, or suits accrued or fallen, and at no time after the said seven
years shall have passed: Provided, that if any person or persons that gaving in fa.
is or shall be entitled to commence and prosecute such suit or action vor of infante
in law or equity be, or shall be, at the time of said right or title first andotherfl-
accrued, come or fallen, within the age of twenty-one years, feme
covert, non compos mentis, imprisoned or beyond the limits of the
United States and the territories thereof that then such person or
persons, his, her and their heir or heirs, shall and may, notwithstand-
jng the said seven years be expired, bring his or her suit or action
as he, she or they might have done before this act, so as such person
and persons, his, her and their heir and heirs, shall within three years
next after his, her and their full age, discoverture, coming of sound y{Jr® after* dif-
mind, enlargement out of prison, coming into the United States ability removed,
orj the territories thereof, or death, take benefit of, and commence
such suit and at no time after the said three years: Provided also, Nq cumulative
that in the construction of this saving, no cumulative disability shall disab^y." * V°
prevent this bar; but shall only apply to that or those disabilities suit not to
which existed at the time when the right to sue first accrued, and no ferse3vepJosecuted
other: and Provided also, that such suit so commenced to prevent with effect.0
the bar, shall be a suit prosecuted with effect and no other. ( g)
Sec. 3. Provided nevertheless, that if on any of the said actions or To be brought
suits, judgment shall be given for the plaintiff, and the same be re- leve^a^of judg-
versed by writ of error, or verdict pass for the plaintiff, and upon ment,$c.
(f) A devisee of land is a sufficient color of title to protect the defendant under this act. 3 Yer. 435.
2. Adverse possession is exclusively a question of fact for the jury. Same.
3. The statute of limitations applies between mortgagee and mortgagor, in a suit at law to recover the
mortgaged property by the former against the latter. The Legislature having made no exceptions the courts
can make none. 3 Yer. 496.
4. The statute of limitations, 1819, ch. 28, sec. 1, 2, does not run between mortgagor and mortgagee,
when there has been seven years possession by the mortgagee, so as to form a bar against the mortgagor upon
bill filed to redeem the land mortgaged. 3 Yer. 525.
5. The possession of land under a grant during the pendence ot a caveat filed by the party in possession,
will not constitute such a possession as to form a b&r under this act. 4 Yer. 326,331.
6. The period of seven years must be computed from the day of the date of the deed, and will not be complet-
ed until the last moment of the last day, so that if said suit be brought any time during the last day it will
save the bar. Peck 392.
7. If land is granted to one for the use of another or in trust for another, the cestui que use is the legal
owner, and can maintain ejectment, and if he does not sue in time his estate is barred by the statute of limi*
tations- 4 Hay, 182.
(g) Under this section a person in the actual possession of land for seven years without any title, is pro-
tected in his possession. 3 Yerg. 397.
2. This act does not require a color of title to protect the person in his possession. Same.
3. The defendant in order to bar the plaintiff under this act, must shew that his possession was taken
under aclaim hostile to the real owner, and that such hostility continued during the whole series of years-
Same
4. The act does not bar a recovery of land so held, except that which is actually occupied by enclosure,
definite, positive and notorious. Same.
5. A land warrant is a hereditament within the meaning of this act, and must be sued for in 7 years from,
the time the defendant obtained possession, and appropriated it to his own use, or the complainant's claim
will be barred. 4 Yerg. 94.
6- A deed of partition witii seven years possession of the land covered by it, is such a color of title as will
protect the possession under the act of limitations. 1 Yerg. 256.
LIMITATIONS.
matter alleged in arrest of judgment, the judgment be given against the
plaintiff, that he take nothing by his plaint, writ, bill or suit; or if any
of said actions shall be commenced by original writ and the defend-
ant canrtot be legally attached or served with process, in all such ca-
ses, the party, plaintiff, his heirs, executors, or administrators, as the
case shall require, may commence a new action or suit from time to
time, within a year after such judgment reversed, or such judgment
given against the plaintiff, or until the defendant can be attached or
served with process, so as to compel him, her or them to appear and
answer: and provided also, that this act shall have no bearing on the
lands reserved for the use of schools.
Sec. 4. All laws and parts of laws, within the perview and mean-
ing of this act shall stand repealed from and after the passing of this
act.
Sec. 5. This act shall be in force from and after the passing*
thereof.
1833.—Chapter 16.
buim a ainsi Section 1. When any execution or other process, shall be put
the*securufe^of into the hands of any sheriff, coroner, or constable, and he shall re-
officers for mo- turn that the money is made, or said execution satisfied, it shall be
nmitedTo'uiree t^ie ^uty °f ♦he person or persons entitled to said money, to com-
yekrs. mence his or their suit therefor, within three years after the end of
the term of the court to which the execution was returned, or within
three years from the return of the execution, should judgment be had
before a justice of the peace, or other tribunal, if he or they should
be citizens of this state, and in four "years if he or they should reside
out of the state; and if he or they entitled to claim the money made on
said execution, should neglect or fail to proceed in the time aforesaid,
his or their right to recover the same of the securities of such offi-
Saving rights cers, shall be forever barred: Provided, however, that nothing in this
of infants, etc, ac^ contained, shall be so construed as to affect the rights of infants,
femes covert, persons non compos mentis, or imprisoned; and all per-
sons so laboring under either of the aforesaid disabilities, shall have
three years after the removal of the same, to commence his, her or
their suit or suits, for the recovery of moneys so received by any of
the sheriffs or other officers in this state.
1 8 2 4 .—Chapter 5.
Prosecutions Section 4. All prosecutions under this, or any other statutes
for gaming limit- to suppress ana prevent unlawful gaming must be commenced within
e to 6 months. gjx months next after such offence may have been committed and not
afterwards.
1 8 2 7.—Chapter 75.
This act not
to apply to
school lands.
Repealing clause
definition of Section 1. The words "beyond seas" in any of the statutes of
phrase "beyond limitation now in force in this state, shall be held, deemed and taken,
9et8°" to mean beyond the limits of the United States.
LOTTEWftSl
445
1831.—chapter 82.
Section 1. All prosecutions by presentment or indictment prosecutions
for misdemeanors shall be commenced within twelve months next for misdemean-
after such offence shall have been committed and not afterwards: ^"^gited to 12
Provided, that this act shall not be construed to extend the limita-
tions of misdemeanors by presentment or indictment before provided Not to extend
for, to twelve months, if the same shall now be for a shorter term of t0 eamins-
time.
1835, Ch. 20, § 16. (No writ of error shall be allowed from the
decree of a chancellor after twelve months from the rendition of
the final decree. See Chancery Court.)
LOTTERIES.
constitution, article xi, section 5.
18 0 9.—Chapter 39.
Section 1. If any person shall erect, set up, or expose to be Defined and pro-
drawn, or shall cause or procure to be erected, set up, exposed or liibited.
drawn, any lottery by way of chances, either by numbers, figures or
tickets, or shall make, print, advertise or publish, or cause to be made,
printed, advertised or published, proposals or schemes for advancing
small sums of money by several persons, to be divided by them as
prizes, or shall deliver out, or cause, procure or permit to be delivered
out, tickets to the persons advancing such sums, to entitle them to a
share of the money so advanced, according to such proposals or
schemes, or shall expose to sale any houses, lands, plates, jewels or
other goods or chattels, by any game, method or device whatsoever,
depending upon, or to be determined by way of lottery or drawing,
whether it be out of a box or wheel, or by any machine, engine or
device of ehance whatsoever, or shall be adventurers in, or pay any
moneys or other consideration, or any ways contribute unto any such
lottery or lotteries, sale or sales, such person or persons, and every or
either of them on being convicted thereof on the oath of one or more
credible witness or witnesses, or on the confession of the party or
parties accused, shall forfeit and pay double the amount of the sum penalty,
contained in the scheme of such lottery so proposed to be drawn, to
be recovered by action of debt in any court of xecord having cogni-
zance thereof, the one half of such forfeiture to him, her, or them
who may sue for the same, the otheThalf to the use of the poor of the
446
LOTTERIES.
county where such recovery may be had, to be collected and accounted
for by the proper sheriff of the county as other moneys are.
Sales of prop Sec. 2. All, and every such sale or sales of houses, lands, plate;
erty by lottery jewels, goods and other things, by any game, lottery or lotteries, ma-
void' chine, engine or device whatsoever, depending upon or determined by
chance or lottery, shall be, and the same are hereby declared void
to all intents and purposes,
imprisoned if Sec. 3. If any person or persons shall offend against this act and
unable to pay not having sufficient goods and chattels, lands and tenements where-
the penalty. onto levy the penalty hereby inflicted, or not immediately pay the
said penalty and costs, such person or persons shall thenceforth be
committed to the jail of the county where such recovery may be had,
there to remain for and during the space of six months.
183 5.—Chapter 47.
Acts for re- Section 1. All laws which authorize any person or body corpo-
peaied. rate or politic to draw any lottery for any purpose whatsoever, are
hereby repealed.
To draw, a Sec. 2. If any person or persons shall draw, or attempt to draw a
fined^oooand ^ottelT this State, under any pretence whatever, he, she or they
imprifon'd three shall be deemed guilty of a misdemeanor, and on conviction thereof,
months.-- shall be find in the sum of one thousand dollars, and imprisoned three
months in the common jail of the county where such offence shall
have been committed.
Punishment for Sec. 3. If any person shall vend or attempt to vend, directly or
selling tickets, indirectly, any lottery ticket in this State in any scheme to be drawn
in this or any other State or country, he, she, or they shall be guilty
of a misdemeanor, and on conviction thereof, shall be fined in the sum
of five hundred dollars, and imprisoned one month in the common
jail of the county where such offence shall have been committed.
For printing Sec. 4. If any person shall print, publish, circulate or distribute
schemes. any written or printed scheme for the drawing of a lottery in this
or any other State or country, he, she or they shall be deemed
guilty of a like crime, and subject to the like penalties, prescribed in
the third section of this act; but this shall not be so construed as to
render postmasters who deliver newspapers containing such schemes
guilty of such offence.
Subject to the Sec. 5. All laws enacted for the suppression of unlawful gaming
acts against ga- are declared to be in full force for the suppression of the offences
m ng' specified in this act, and no prosecutor shall be necessary in any in-
dictment under its provisions.
Tax fee $20- Sec. 6. The Solicitor, in every prosecution under the provisions
of this act, ehall be allowed a fee of twenty dollars, to be taxed on
the bill of costs.
Sec. 7. This act shall be in force from and after the first day of
March next.
LOST INSTRUMENTS.
LOST INSTRUMENTS.
447
1787, Ch. 18. (How relieved where papers of deceased persons
have been destroyed by accident. See Ad. and fix.)
181 9.—Chapter 27.
Section 1. When any person or persons, his, her or their legal Manner of su-
representatives, or rightful assignee or assignees, or either of them, Bt/u^e°"tBl08t ln"
have lost or unintentionally mislaid, any bond, obligation, promissory
note, or other instrument of writing, for the payment of money, or
other valuable thing, or the conveyance of real estate, or where the
defendant or defendants have fraudulently obtained the possession of
any of said instruments of writing, it may, and shall be lawful, for
him, her or them to commence and prosecute a suit at law before any
tribunal having cognizance thereof, upon such bond, obligation or ob-
ligations, promissory note or notes, or other instrument of writing, for
the payment of money, or other valuable thing, without producing
the same on the trial before any justice of the peace, out of court,
or making profert of the same in any court of record, if he, she or
they will make an affidavit in writing, sworn to and subscribed before
any tribunal having cognizance, either at the time of obtaining the
warrant or filing the declaration, as the case may be, which said affi-
davit shall be attached to such warrant or declaration as the case
may be, that he, she or they have lost or unintentionally mislaid said
bond, obligation, promissory note, bill of exchange, or other instru-
ment of writing, for the payment of money or other valuable thing,
or the conveyance of real estate, or that the possession of the same
has been fraudulently obtained by the defendant, and that he, she or
they have not sold, bartered, transferred, assigned or conveyed by
themselves, or by any person for them, such bond, obligation, prom-
issory note, bill of exchange, or other instrument of writing, for the
payment of money, property or other valuable thing, or the convey-
ance of real estate, to any person or persons whatever.
Sec. 3. When any defendant or defendants have lost or uninten- Defendants to
tionally mislaid any deed or release, defeasance or other acquittance, set up ,ost In"
or where the possession of the same has been fraudulently obtained fence,^and" the
by the plaintiff, it shall and may be lawful for such defendant or de- manner of doing
fendants, to plead such release, defeasance or other acquittance, with- s0,
out making profert thereof in his, her or their plea, if he, she or they
will make an affidavit and attach the same to such plea in writing,
sworn to before the tribunal having cognizance thereof, that such
deed or deeds of release, defeasance, or other acquittance, is lost or
unintentially mislaid, or that the plaintiff has fraudently obtained the
possession of the same, so that said defendant cannot produce it ei-
ther on the trial, or make profert thereof.
Sec. 5. If any person or persons, either as plaintiff or defendant, Perjury to
shall swear falsely to the loss or mislaying of any of the instruments caws'"or to
of writing by this act described, to any plea of non est factum or oT^onlst
non assumpsit to any of the actions or pleas founded on any of the factum or ««»
instruments of writing in this act enumerated, he or they shall suffer
448
MANDAMUS.
all the pains and penalties prescribed by law for wilful and eurrupt
perjury.
Court to take Sec. 6. It shall be the duty of the justices of the peace, or other
■if *a ainstsuch tribunal, before whom any suit or suits shall be tried and determined,
io»tinstruments, upon any of the bonds, obligations, promissory notes, bills of ex-
change, or other instruments for the payment of money, property, or
other valuable thing, or the conveyance of real estate, at the deter-
mination thereof, to take bond with approved security, to indemnify
the party against whom such recovery has been made, from any de-
mand by actions upon the said lost or mislaid instruments of writing,
thereafter to be brought, and if such judgment be rendered, the
same shall be stayed by order of the court of justice before whom
the same is rendered, until such .security is given.
MANDAMUS.
18 3 1.—Chapter 51,
'■ Powers of the Section 1. The circuit judges of this state, shall have power to
circuitjudges. issue writs of mandamus upon petition supported by affidavit, before
any judge, justice of the peace, or clerk of any circuit court under the
same rules, regulations and restrictions as in cases of injunctions or
certiorari and supersedeas, (a)
Return of the Sec. 2. The writ shall be made returnable to the circuit court of
writs where the county where the land lies, in all cases where land is the subject
made, of controversy; and in all other cases to the circuit court of the county
where the defendant or defendants in the writ may reside, or if a-
gainst a public officer in the county in which his office is kept.
Where third Sec. 3. Where there may be a third person claiming title to, or
tereTted in interest matter in controversy, it shall be the duty of the officer
or officers against whom such writ shall issue, to notify such third
person of the same, and thereupon the court to which the process
may be returnable, shall upon application of such third person, admit
him to file his answer and be made a defendant to such petition, first
requiring of him security for the costs of such proceeding,
issues b^n^such ®EC* ^ answer or answers to such petition should deny any
cases. material fact or facts in it stated, it shall be the duty of the court be-
(«) If an inferior court refuse to remove a cause to the Federal court, the party applying f or such remo-
val having complied with the act of congress, a mandamus will be granted. 1 Tenn. 453.
2. A mandamus may issue from the Federal to the state court where the stale court refuses to transfer a
cause under the act of Congress, or where an appeal is improperly refused. Cooke, 160.
3. A mandamus will not lie to compel the register to issue a grant where he has been prohibited by the
Lcgi8latu re. Cooke, 214.
4. To obtain such a writ the party applying must show that he has a legal right, and that he has no other
legal specific remedy. Same.
5. The supreme court, will not issue a mandamus to compel the circuit court to proceed in the trial of a
cause. 3. Hayw. 59.
6. A mandamus will lie to restore the clerk of a court who complains of being improperly removed from
office. Peck,291.
MARRIAGE.
449
fore which the same may be pending, 'to cause an issue or issues to
be made up and tried by a jury, or to determine such fact or facts up-
on evidence as in cases in chancery.
Sec. 5. When the third person who maybe interested in such con- t j, jr^'erson" »re
troversy shall be a non-resident, or unknown to the officer defendant, noa re'identii"
it shall be the duty of the court to direct publication to be made as in
cases in equity; and should such third person fail or refuse to be ma.de
a defendant and file his answer to such petition at the term next sue-
cced.'ng such publication, the petition shall be taken pro confesso,
and heard at such term.
Sec. 6. When such third person is made a defendant, he shall be Ofco«t«lntlie
liable for all costs that may accrue in case of failure in such defence; "urn of third per-
and should such person not defend, then and in that case the officer
defendant shall be responsible for said costs.
Sec. 7. When a verdict shall be found or a decision made in favor Judgment of
of the petitioner, the court shall direct a peremptory mandamus to the court"
issue; but should the petitioner fail to establish the necessary and
material facts stated in his petition, if denied as aforesaid, then such
petition shall be dismissed with costs.
Sec. 8. The costs and fees upon such proceedings shall be the Cost»andfee§
same as prescribed by law for similar services by the officers of court
in chancery proceedings.
MARRIAGE.
17 41,—chapter 1.
Section 3. No minister or ministers, justice or justices of the Nnttohemar.
peace shall celebrate the rites of matrimony between any persons, or rfftd without u
join them together as man and wife without license first had and ob-
i • • i • • /* it i publication of
tamed for that purpose, or thrice publication of the banns, and if any banns.
minister or ministers, justice or justices of the peace shall contra- Penalty on
ry to the true intent and meaning of this act celebrate the rites marry-
of m itrimony between any persons or otherwise join them in mar- ing against this
riage, he or they so offending shall forfeit and pay the sum of one act» $125,
hundred and twenty-Jive dollars, to be recovered and applied as here- T 0 0
inafter directed; and ifany minister shall go out of this state, and there state °to° marry
contrary to the true intent and meaning of this act, join together in without license,
matrimony any person or persons belonging to this state, without sarae Penalty*
such license or publication of banns, as is herein prescribed, every
minister so offending, shall incur the same penalties and forfeitures
as if the same had been done in this state, (a)
(a) To constitute a "aliil marriage, two things are essentially necessary: 1st. A lawful and proper author,
ity authorizing a solemnization of marriage. 2d. A solemnization of the marriage and performance o: the
marriage ceremony by a person duly qualified by the acts of assembly. 1 Yerg, 177.
2. If a marriage be celebrated without license or certificate of publication of the banns, it is illegal and
void. Same.
3. A justice of the peace of one county has no authority to solemnize the marriage ceremony in another
county; such a marriage, though formal and legal, in other respects is null and void. Same.
4. A second marriage during the existence of the first marriage of one of the parties renders the second
void to all intents and purposes. 4 Yerg. 503.
58
450
marriage.
Servants not Sec. 7. If any minister or reader, shall wittingly publish, or cause
to marry, nor or suffer to he published, the banns matrimony between any ser-
with6 a servant vants or between a free person and a servant; or if any minister or
without certifi. justice of the peace shall wittingly celebrate the rites of matrimony
rate. between any such, without a certificate from the master or mistress
of every such servant that it is done by their consent, he shall forfeit
fste^or "justice, an<^ Pay twelve dollars and fifty cents to the use of the master or own-
$12.50. ' er of such servant, to he recovered by action of debt, and every ser-
vant so married without the consent of his or her master or'mistress
l^earum crTfor ^or bis or her said offence, serve his or her said master or mis-
Bo^marrying! 01 tress, their executors, administrators or assigns, one whole year af-
ter the time of service by indenture or custom is expired.
. 1778.—chapter 7.
Ministers and Section 2. All regular ministers of the gospel of every denomina-
justices author- lion, having the care of souls, and all justices of the peace in this
t»Writes'oSTma* state? are hereby authorized and empowered to solemnize the rites of
Timony. matrimony according to the rites and ceremonies of their respective
churches, and agreeable to the rules in this act prescribed; and the
said ministeis may demand and take for every couple by them mar-
Minister's fee. r*ec'' *^y license, the sum of two dollars and fifty cents, and if by
' publication, the sum of one dollar and twenty-fire cents to their use
and no more.
ci'k of county Sec. 3. The clerk of each county is hereby authorized and empow-
to issue license, ered to grant marriage license tp any person applying for the same,
first taking in the name of the governor for the time being and his
successors with sufficient security, in the sum of twelve hundred and
First to take fftv dollars, with condition that there is no lawful cause to obstruct
bond in $1250, the marriage, for which such license is desired, to he recovered by
that there is no action of debt, by the party grieved, which bond aforesaid shall be
lega objection. ta^en an(j ijcenge granted, by the clerk of the county in which the
fehie resides, which license shall be directed to any authorized min-
Clerks fee '0 *S*er or jus*,ce J)eacej an^ may demand and take the sura of
cents" 8 e° " fifty cents and no more for his service, in taking bond and granting
license as aforesaid.
Publication of Sec. 4. Every minister of the gospel qualified, as in this act before
bsnns. directed, or any other person appointed by their respective churches
as a reader, is hereby authorized and empowered to publish the Lanns
of matrimony between any two persons requesting the same, provid-
ed that every publication shall be made three several Sundays, in ihe
congregation, immediately after or during divine worship, and shall
give a certificate of such publication when demanded, directed to any
authorized minister, or justice of the peace, and may demand and take
for his services the sum offifty cents, and no more; Provided, that the
Quakers still people called quakers shall still retain their former rules and privile-
own rules. Ses In solemnizing the rites of matrimony in their own church.
Sec. 5. If any minister or justice of the peace shall knowingly join
tire "toforfeit together in matrimony any two persons, in any way or manner other
$125 for marry- than by this act directed, he shall forfeit and pay for every such offence
ingin any other the sum of one hundred and twenty-five dollars, to be recovered by
prescribed" * by&ction of debt, one half to him who shall sue for the same, and the
this act. other half to the county; and be also liable to an action of damage
to the party aggrieved; and if any clerk shall knowingly grant any
MARRIAGE*
451
marriage license in any way or manner other than by this act direct- *250 fo/ta"
ed, he shall forfeit and pay for every such offence the sum of two hun- Curjfg licence a-
dred and fifty dollars, to be recovered and applied as other fines in gainst this act.
this act before directed, and be also liable to an action of damage to
the party grieved.
1815.—Chapter 47.
Section 1. Where any minister of the gospel, or justice of the
peace in this state, shall solemnize the rites of matrimony, it shall be the
duty of said minister of the gospel, or justice of the peace, to endorse
on the back of said license the time of said marriage, and sign his
name thereto, and return said license to the clerk of the county court
within six months thereafter; whose duty it shall be to file said li-
cense in his office; which said license, and certificate, shall be con-
sidered as competent evidence of said marriage.
18 22.—Chapter 19.
Section 1. If any white man or woman shall intermarry with White person
a negro, mustee, or mulatto man or woman, or any person of thauJwiored"6
mixed bloo.l, bond or free, to the third generation inclusive, each and
every person or persons so offending shall be liable to a penalty of Penaltyj $500.
five hundred dollars, to be recovered by action of debt, in any of the
courts in this state, to the use of any person who will sue for the
same.
Sec. 2. No minister of the gospel or justice of the peace in this Minister or
state, shall hereafter presume to marry any white man or wo- {^!rCy j^ot6U^
man with a negro, mustee or mulatto man or woman to the third gen- ™Case.
eration, knowing them to be so, upon pain of forfeiting the sum of five Penalty $500.
hundred dollars, to be recovered by action of debt in any of the courts
in this state, by any person who will sue for the same.
Sec. 3. If any minister of the gospel or justice of the peace in Marriage void,
this state shall presume to celebrate the rites of matrimony between
any persons whose marriage is prohibited in the preceding sections
of this act, and join them together as man and wife, the marriage so
pretended to be celebrated shall be null and void, to all intents and no^o'uv^with
purposes. And if any white man or woman shall presume to live one that is color-
with any negro, mustee or mulatto man or woman, as man and wife, ed;
each and every of the parties so offending, shall be liable to forfeit
and pay the sum of five hundred dollars, to any person who may or an^e"^y
will sue for the same, by action of debt, and moreover be liable to be toiniictment.
indicted and punished at the discretion of the court.
{4. (Penalty on clerk, or deputy clerk, for issuing license in| such
case. See Cleric County Court.)
1831.—Chapter 13.
Section 1. It shall not be lawful for the clerks in this state to de- clerk's fee 50
mand and receive more than fifty cents for issuing a marriage li- cents for license,
cense.
Time of mar*
riage to lie en.
dorsed '>y minis,
ter or justice S(
returned to cl'k
in 6 months.
License and
certificate good
evidence of mar.
riage.
452
MARRIAGE CONTRACTS.
18 31.—Chapter 70.
certain persons Section 1. Where any person or persons shall have intermarried
the'peiiaiti«g^of within the prohibited degrees and were living with each olher under
act or 1829, ch. such marriage, celebrated in legal form, on the 1st day of January,
bw'din6 incest°r* continuance of such person or persons, so to live together
ing ncest. after gay first day of January, shall not be deemed and taken as an
offence against an act passed at Nashville, December 9th, 1829, en-
titled an act to amend and reform the penal laws of the state of Ten-
nessee, Provided, that in all cases of prosecutions for such an offence,
heretofore committed, in any of the courts in this slate, the defend-
ant or defendants, if he take the benefit of the act, shall be subject
and liable to the payment of all the costs incident to such prosecu-
tion.
Penalties re. Sec. 2. All the pains and penalties, imposed on persons having
leased on such heretofore so intermarried, by the laws in force and use in this
persons. state, prior to the said first day of January, 1831, are hereby remit-
ted and released, on the payment of the costs incident to any prose-
cution or prosecutions, heretofore commenced, in any of the courts in
this state.
MARRIAGE CONTRACTS.
1785.—chapter 12.
Marriage con Section 2. No marriage settlement or other marriage contract
tract not good vs shall begood against creditors, where a greater value is secured to
nioreumn wife'a ^ ^nten^e(^ w^e anc* the children of the marriage, or either of them,
e*t7tVha"dWthat than the portion actually received with the wife in marriage,and
ofhushand wh'n such estate as the husband at the time of his marriage shall be pos-
married. sessed of, after deducting the jusf debts by him then due and owing;
Proof to be anc* In case of any suit upon any such marriage contract, where any
made by tbose creditor or creditors shall be a party, the burthen of the proof shall
claiming under lie upon the person or persons claiming under such marriage con-
such contract, tract; Provided, that if any legacy or legacies shall be given to the
Legacies <$• dig- w'^e in general words, and not in trust, or a distributive share or
trihutive shares shares of any intestate's estate shall fall to her during her coverture,
to be taken as sucjj legacies and distributive shares, incase the estate of ihe husband
«d°byrwife^CeiV an<^ w^e not> at the time of the marriage, be of sufficient value
to make good the marriage contract, shall be held, deemed, and ta-
ken as a part of the portion received with the wTife, and shall be se-
cured to those claiming under such marriage contract.
MASONIC LODGES AND MECHANICS.
453
MASONIC LODGES.
18 17 .—Chapter 154.
It shall and may be lawful for the officers and members of officers & mem-
Masonic Lodges, who may be desirous of building a Hall, for the use loYo^which^o
of said Lodge to purchase or receive by gift, a deed, for such quan- build a imii for
tity of ground as may be necessary for that purpose, and such deed their use.
shall vest the legal title to the same in such officers and members and
their successors.
MECHANICS.
18 2 5.—Chapter 37.
Section 1. When mechanics construct buildings upon any Mechanics to
lot of ground in any of the towns in this State, by special con- building"<s-Uone
tract with the owners thereof, they shall have and possess a lien acre o? ground
upon such buildings and the lot of ground thereto attached, not ex- for building and
ceeding one acre, for the just value of his labor and materials fur- ™ateriais,t» any
nished by such mechanic for constructing such house or houses, and Go0d va- all
the owner of said ground shall not be able to convey the same free claims except
from the said lien created by this act nor shall the same be sold by tbeSmcommence8-
legal process so as to avoid said lien unless upon judgment rendered mentof building
before such building was commenced.
Sec. 2. A lien hereby created shall continue for the term of Lien to con-
one year from and after the completion of the building contracted to tinue l year af-
be erected and until the decision of any suit, that such mechanic ho°™eP,&
may bring within that time for the debt that maybe due him for the end of suit for
erection of such building: Provided, That nothing in this act shall thQPI[,icet'OR ,
apply to any other cases than those where one person undertakes and to a'cL^wbere
Completes the building? one person un-
dertakes # com-
_ ^ pletes the build-
18 2 9.—Chapter 26. ins•
To amend the act of 1825 chap. 37.
Section 1. Hereafter when any mechanic or mechanics shall in lfavor°of^au
build or construct or in any part build or construct or furnish the ma- wi10 in p'rt bufid
terials or part of the materials on the buildings or construction of or furnish p'rt of
any house within any town in this State, such mechanic or mechan- the materiaU-
ics shall have and retain a lien upon the lot of ground on which said
house stands together with the buildings theron in proportion to the
amount of work and labor done, or materials furnished as aforesaid.
454
mechanics.
And if the owner of said lot and house, or houses, shall convey or in
any wise dispose of the same such oonvej ance or disposition shall
be subject to the lien hereby created, which shall remain for the
length of time mentioned in the aet to which this is an amendment.
Lien to operate Sec-The provisions of this act shall extend to all mechan-
In any part of *cs who may build or construct or in part build or construct or fur-
Davidson co. as nish the materials or part of the materials of any house in Davidson
ty'townl'6coun* county together with one acre of ground including said house; Pro-
Suitto'heWt vided, nevertheless, said person or persons who may build or con-
iieniost0nthS " s*ruct or *n Par^ build or construct or furnish the materials or part
en ost. 0p |he materials aforesaid, shall commence an action for such work
and labor or for such materials so furnished within six months after
the furnishing of said materials or the finishing of said work and la-
hor, and shall prosecute said suit wuth ordinary diligence to judg-
ment.
1833 .—Chapter 35.
Lien given on Section 1. "Whenever a debt sha\\ be contracted by tbe master,
boata. owner, agent or consignee of any steam or keel boat, within this
State, by and on account of any work done, or materials or articles
furnished for, or towards the building, repairing, fitting, furnishing,
or equipping such steam or keel boaf, or for wages due to the hands
of said steam or keel boat, such debt shall he a lien upon such steam
or keel boaf, her tackle and furniture: Provided, that suit be com-
menced within three months from the time said work is finished, or
said materials or articles are furnished, or said w ages fall due.
Procwsof col- Sec. 2. Any person to whom such debt is contracted as aforesaid,
Meting. is due, may make application to any justice of the peace or judge
of the circuit or chancery court, in the county in which said steam
or keel boat shall then be, for a warrant to enforce said debt, and to
collect the amount thereof, which application shall be in writing, and
shall specify, 1st. by whom said debt was contracted, and for what
steam or keel boat it was contracted; 2d. the items composing such
debt; and 3d. it shall be verified upon oath by the creditor or the
person applying in his behalf, stating, that the sum claimed in such
account is justly due; and the justice or judge shall thereupon issue
a warrant to the sheriff of the county, commanding him to attach,
seize and safely keep such steam boat, her tackle and furniture, tin-
til security is given as herein provided for, or the debt paid, which
warrant shall be returned to the county or circuit court of said coun-
ty for a trial before a jury: Provided, that where the amount of debt
does not exceed fifty dollars, it shall be returned and tried before any
magistrate of said county, subject to an appeal from his judgmentas
in other cases.
Sec. 3. It shall be the duty of said sheriff to retain possession of
Duty of »heri/r said steam or keel boat, after he has seized the same, until the tcr-
in retaining po«- m;natjon 0f j-he sujfj unjess bond and security thereon is given pay a-
•ee»ion. ^ ^ pjajntj^ a pena|ty of double the amount of the debt
claimed, conditioned to abide by, and perform the judgment of the
court, if it is rendered in favor of the plaintiff or plaintiffs, which
bond shall be returned with the warrant.
suit Sec. 4. Said suit shall always be in the name of the creditor or
name of ere i- cre(^torS) against the owners, or some one of them, of said steam or
mechanics.
455
keel boat; and when the proceedings are returned to the circuit
court, if they do not appear at the return term and plead, or when
the warrant is returned and triable before a magistrate, if they
do not appear, judgment by default shall be entered, as in ordinary
cases.
Sec. 5. Any two or more creditors may join in the warrant as _ -C m&y
plaintiffs; and where any creditor has not joined, he may at any time JommBU
join before the trial of the case, in which case he shall be liable in
all things, and to the same extent he would have been if he had ori-
ginally joined.
Sec. 6. Incase where a judgment is entered for the plaintiff, the Judgment to
court, upon motion, shall enter up judgment against the securities in be glv n by court
the defendants bond for the amount of the judgment and costs. But
if no bond was given as contemplated by the third section of this act,
the court shall then order said boat or such a part of her furniture
and tackle as may be amply sufficient to be sold for the satisfaction
of said judgment, and the sheriff shall accordingly sell the same,
first advertising the same at least ten days before the sale, which
advertisement shall state the time and place of sale.
Sec. 7. After a warrant and seizure of said boat at the suit of a After leiznre
creditor or creditors no other creditor or creditors shall have or ob- O,hor can at.
tain a warrant to attach or seize said boat, but they may have them- come'parties'bC"
selves made parties to the first proceedings as contemplated by the
fifth section of this act.
Sec. 8. Where there are prior liens on said boats by judgments ob- tho,m^fora|,t^b
tained by the general creditors of the owners, it shall be the duty of bu°
the sheriff to attach such boat subject to such prior liens, and j when them,
the boat is sold to satisfy such prior liens, the surplus, if any, over
and above the amount due on such prior lien, shall be paid into court,
and the court shall order the same or whatever part is necessary to
be paid to the attaching creditors, provided they obtain judgments on
their demands.
Sec. 9. If the proceeds of the boat, tackle and furniture, are not Proceeds to ha
sufficient to pay off all the creditors, who may have joined in the enoughTo/ai?01
suit, they shall be divided out among the creditors proportionably to
each one according to his demand.
Sec. 10. Before the issuing of the warrant and process against Bondtoheta-
said boat it shall be the duty of the judge or justice to take bond and kento Prosccute
security from the plaintiff or plaintiffs to prosecute said suit with ef-
feet, or pay all costs and damages to the defendant; and in no case
shall said warrant issue, unless demand is first made of some one of
the defendants when they are in the county, or the captain .or the
agent of said defendant in which bond all who are subsequently made
parties shall first be compelled to join.
18 3 5.—Chapter 40.
The lien given to mechanics who may construct or furnish the
materials or any part thereof, for the construction of any building in t|1(S^t« OM82S
any of the towns in this State, or in the county of Davidson by vir- and'&j extend,
tue of the acts of 1825 chapter 37, and the act of 1829 chapter 28, «d to every part
shall be and the sat ie is hereby extended to any mechanic or me- of the state'
chanics who may after the passage of this act, construct or in part
456
medical society.
build or construct or 'furnish materials or any part of the materials
for the construction of any building in any county in this State.
MEDICAL SOCIETY-
1 8 2 9 r—Chapter 80.
As health is universally acknowledged to be essentially necessary
Preamble. to the happiness and prosperity of society, and its preservation and
recovery are essentially connected with an intimate acquaintance
with the animal economy, and the properties and effects of medi-
cines; and as institutions formed on liberal principles, cherished by
an intelligent community, and patronized by law, are eminently cal-
culated to encourage the propagation and dissemination of such
knowledge. Therefore;
Section 1. There shall be appointed by a resolution of this Gene-
pointed*1 to"form ra* Assembly a sufficient number of learned and intelligent practic-
board. ing physicians in this state, who when so appointed, are hereby con-
stituted and formed into a body politic and„corporate by the name of
the "Medical Society in the State of Tennesseeand they and
such other persons as said board may hereafter elect, in the manner
prescribed by this act, and their successors shall continue to be a
body politic and corporate until the year 1860.
Sec. 2. The members of the society may from to time elect a
President, Vice President, and Secretary, and such other officers as
To elect Presi- they may think necessary and convenient, and the members of the
officere"*1 °ther sa society shall have power to determine the respective duties of
the several officers, the length of time they shall hold their respec-
tive offices, also to authorize their President, or some other person,
to administer such oaths to those officers as the society shall think
proper, not repugnant to the laws of this State or the United States,
and shall have a common seal and power to alter and renew the same
at their pleasure.
Sec. 3. The members of the said society may sue and be sued
May sue and in all actions, real, personal or mixed, and prosecute and defend the
be sued. same, to final judgment and execution, by the name and style of the
"Medical Society of Tennessee."
May«tect mem- Sec. 4. This said society may elect under such regulations as
bers. it may adopt, such persons as may be thought worthy practitioners
of medicine and surgery, to be members thereof, and such person or
persons so elected shall be entitled to all the privileges and immuni-
ties of said society: Provided, That he or they shall within one year
from the time of his election, sign the bye-laws and regulations of
said society, or otherwise in writing signify his or their assent there-
to, and shall have power to expel any of its members for misconduct.
Sec. 5. Said society shall have power and authority to enact
May enact laws. jaws and regulations for the government of the same as are not re-
pugnant to the constitution and laws of this State or the United
HEIRS AND DEVISEES*
377
cess sued out against him or her, that such heir at law or devisee
shall be answerable for such debt or debts to the value of said land
so by him or her, sold, aliened or made over: in which cases all creditors
shall be preferred as in action against executors or administrators,
and execution shall be taken out upon any judgment or decree obtain-
ed against such heir or devisee to the value of the said lands, as if
the same were his or her own proper debt, saving that the lands, ten-
ements and hereditaments bona fide aliened before the action brought, execution*?1'1*
shall not be liable to such execution.
Sec. 4. When any such heir or devisee shall be a minor and have Process to be
a guardian, the leading process shall be served on such guardian; and jj™edofonn
where the minor shall have no guardian, in that case the court shall o^court^mny
appoint a guardian to defend the suit for said minor. appoint guar-
\ 5. (Proceedings in case of a debt due from the estate of a minor, dian, when none
See Guardian.)
1809, Ch. 121, § 3. (Where suit may be brought in the lifetime of
an intestate and no person will administer, the plaintiff may issue
scire facias against the heirs. See Administrators, dfc.)
1819, Ch. 13, § 1. (Illegitimate children, if no lawful ones, to in-
herit the estate df the mother. See Descents.)
1819, Ch. 16, { 5. (In ejectment where the defendant dies, the
court to appoint guardian.pendente lite. See Ejectment.)
5 6. (If the heirs are not residents of the state, the sheriff to return
the fact, and proceedings thereon. See Ejectment.)
1823, Ch. 28,5 1. (Children born after making a will to take equal-
ly with the other children. See Descents.)
§ 2. (Such portion may be recovered by petition in the chancery
court. See Descents.)
1823, Ch. 37. § 1. (Proceedings by heirs or devisees for partition
of lands. See Partition.)
1827, Ch. 54, $ 1. (Proceedings tojsell lands of heirs where parti-
tion cannot be made. See Partition.)
$ 2. (Proeeeds to be divided among heirs. See Partition.)
$3. (Court to appropriate proceeds belonging to minors. See
Partition.)
49
378
IDIOTS AND LUNATICS#
IDIOTS AND LUNATICS.
i 7 9 7.—Chapter 41.
Section 1. It shall be the duty of the several county courts, upon
toChave Cjury information made, that any idiot or lunatic does reside within the
summoned to aa. jurisdiction thereof, to order the sheriff of said county to summon a
certain idiocy or jury, consisting of twelve free-holders, to ascertain by inquisition
lunacy* sUCh idiocy or lunacy and make return thereof to the next succed-
ing court; and also such lands and chatties (if any there be) as the
said idiot or lunatic, so found, as aforesaid, shall hold or possess, at
the time of taking such inquisition, and on return thereof, such court
To appoint shall appoint him, her or them a guardian, or guardians, first taking
guardian. bond with approved security for the faithful administration of the
trust reposed in them; and the guardian or guardians thus appointed,
shall have the same powers, and be under the same rules and re-
strictions, as guardians appointed for orphans, and continue to exer-
cise his appointment during the pleasure of the court.
Sec. 2. When any idiot or lunatic shall be found not to hold or
idiot or luna. possess any lands or chatties or not sufficient for his, her or their
property "to be maintenance, in that case, the court shall proceed to let out such idiot
let out to lowest or lunatic for the term of one year to the lowest bidder; in the same
bidder, manner as in the case of other poor persons; Provided, That where
the jury from their own knowledge, or information of others discover
any apparent danger of violence being offered to the life or property
of any person, such jury shall report accordingly, and the court
shall be bound without delay, to let out such idiot or lunatic, for the
term of one year, to the lowest bidder, taking bond and security for
the safe keeping and providing with sufficient diet, washing and ap-
parel, for the term aforesaid; and incase any idiot or lunatic, in the
Three justices recess of court, should offer violence as aforesaid, due proof thereof
in recess may being made before any three justices, they shall and may commit
oulTTunatics^tV su°h idiot or lunatic to the jail of the county in which the offence
jail. was committed, where he, she or they shall remain, until the court
take such order as appears strictly consistent with the law, the hap-
piness and security of the community: Provided also, That the par-
ty shall be liable to bail as in other cases.
1824. Ch. 2, $ 1. (Guardians of idiots and lunatics to divide off
property to their children marrying or coming of age.—See Guar-
dians.)
§ 2. (Guardians liable on their bonds for fraudulent abuses.—See
Guardians.)
$ 3. (Children of idiots and lunatics may file bills for a division of
property.—See Guardians.)
impeachment.
870
182 7.—Chapter 32.
Section 1. Whenever a writ of inquisition shall issue in ptirsu-
ance of the laws now in force and use, to ascertain the idiocy or lu- able t0 gttme
nacy of any person or persons, such writ of inquisition, shall and term,
may be returnable to the same term of the court, at which it issues,
if said court in its discretion shall so order and direct, and the same
proceedings shall be had in all respects as if the return had been
made to the next succeeding term.
IMPEACHMENT.
constitution. art. v. sec. 1, 2, 3 4.
18 1 5.—Chapter 110.
Section 1. Any person who may be summoned to give evidence Allowance to
before the Senate, on the trial of an impeachment, shall be allowed ^Itncf!!!£t'"dn
. if i. i i-i -i ,nS Senate on
one dollar per day for every day's attendance, on such trial, and one impeachments.
dollar for every twenty-five miles such person may necessarily travel
in going to and returning from the place of trial; and that the sergeant compensation
at arms, or such other officer as may be appointed, shall be allowed to sergeant at
two dollars for every arrest under process from the Senate; and five arms*
cents a mile for each mile he may travel in going to and returning from
said arrest; for executing each subpoena, fifty cents; and for each
day he may attend the Senate at any such trial, two dollars.
Sec. 2. The sergeant-at-arms and other officer, and each and Accounts to
every witness who has attended on such trial, shall prefer his ac- oath ufclerk of
count on oath to the clerk of the Senate, whose certificate annexed senate,
thereto shall enable either 01* any of them to collect the same of the
person impeached, in case he be found guilty; but if he be acquitted,
the same shall be recovered of the state, and paid by the treasurer,
upon the production of the amount certified as aforesaid.
Sec. 3. The amount of said attendance shall be recovered before
any tribunal having cognizance thereof; and in case the impeached behfs^Strev
shall be found guilty as aforesaid, and unable to pay the same after s'rer to pay wit-
due course of law has been had thereupon; then and in that case nes8C84" aerg'nt.
the treasurer shall pay the witnesses who have attended in behalf
of the state, as also the sergeant or other officer, upon the production
of their certified accounts as aforesaid.
Sec. 4. If any such witness shall wilfully swear to a greater num- Witness orser-
ber of days or miles than he or she may have attended or travelled, B^nt ■weari'n8
or any such sergeant at arms or other officer, shall wilfully swear to ^f^rjury. * **
more services than he has really pepformed, before said clerk, such
witness or officer shall be guilty of perjury, and suffer the same pains
and penalties as prescribed for the commission of perjury, on the
conviction thereof
380
improvements.
IMPROVEMENTS.
17 9 7.—Chapter 43.
Grantee or Section 3. If any grantee, or other person, claiming by deed of
person claiming conveyance, founded upon a grant, hath, by virtue thereof, oLtained
on 'grant?"may PeaceaMe possession of any tract of land, and shall, at any time there-
recover value of after, be dispossessed by due course of law, or otherwise put out of
improvements, possession , without his, her or their consent, first had and obtained,
then and in that case, the person so dispossefsed, shall be entitled to
recover, at common law, from the person to w hose use the disposses-
sion was so made, the value of the improvements which he, she or
they may have made on the said land.(a) I
180 5.—Chapter 42.
Section 1. Any person in possession of any land under patent,
grant, or lawful entry, and shall at any time Le dispossessed by due
course of law, or otherwise put out of possession, without his, her, or
their consent, first hacT and obtained; in that case, the person so dis-
possessed, shall be entitled to recover from the person to whose use
the dispossession was so made, the value of the improvements which
he, she or they may have made on said land •„ and the said land shall
be and remain a fund for the payment of the judgment and cost that
may be recovered in any action to be brought for the value of such
improvements so made thereon; and said land shall always be bound
for the payment of such judgment and costs, notwithstanding it may
be conveyed to some other person by him, her or them who made
said recovery .(a)
1813, Ch. 24,} 1. (In ejectment suits tenants to give notice to the
lessor, of his claim for improvements.(6.) See Ejectment.)
§ 2. (Plaintiff may set off mesne profits against improvements. See
Ejectment.)
{3. (How the jury shall render verdict in such cases. See Eject-
ment.)
(a) In an action forthe value of improvements, tlie declaration should contain aprofertof the deed under
which the plaintiff claimed, or state the county in which it is registered. 1 Tenn.245.
2. If after service of the declaration in ejectment, the defendant proceeds to make an entry and gets a
grant, it will not be such a title as will allow hini pay for his improvements. Cooke. 294.
3. It seems to he well settled in equity that the improver cannot claim any compensation, after he has
notice, that the holder of a hetter title means to claim the land Same.
4. The nature of the claim to he exhibited by a person claiming the value of improvements, is such a
claim as would protect him under the statute of limitations. 2 Tenn. 341 to 352. 2 Tenn. 293 392.
5. Whoever takes possession under a contract, which afterwards for any cause,Js rescinded or relinquished,
shall be allowed for intermediate improvements. 4 Hay 148.
(4) The acts of assembly allowing and giving the defendant the value ofhis improvements, made upon the
land, la an action of ejectment, or by suit for the same, are unconstitutional and void. 1 Yerg. 360.
Person dispos~!
sessed may reco-
ver value of im-
provements.
Land bound
for value of im-
provements.
IMPROVEMENTS*
381
1813.—Chapter 60.
In suits for
Section 1. In the event of any person or persons instituting any Jand.s.# w. of
action or actions for any land south and west of the congressional nnefongr'nts'o'f
reservation line, claimed by virtue of any grant that has or may issue n. c. after 1806,
from the state of North Carolina after the 28th day of July 1806, it ]ury va*
shall be the duty of the jury who try the issue, to find the additional lmprove"
value of said land by reason of any improvements existing thereon, Writ of pos-
in case they should find a verdict for the plaintiff or plaintiffs; and ^gue°untn°v'iue
said plaintiff or plaintiffs shall not be permitted to take out a writ of 0Sf "fmprVm'nts
possession for said land, until he or they deposit in the clerk's office, is deposited in
where he may obtain such a verdict, the full amount of the value cIerk's office-
assessed by the jury for said improvements.
Sec. 2. No writ of possession in such cases shall prevent such de- si^rin °tf to pre-
fendant or defendants from taking away the crop growing or standing vent defendant
at the time of the execution thereof, nor shall such defendant or carryjn3 away
defendants be liable to any action for rents or mesne profits. StaNo"afiowance
for mesne profits
1815 —chapter 122.
Section 1. When any person in the possession of land, shall be ver£grpossessPn
served with the notice mentioned in the act of 1813, ch. 24, and shall on notice, to be
think proper to deliver possession to the claimant, such person shall allowed for im-
be entitled to recover the full value of his or her improvement, in the Provements*
same manner as if turned out of possession by due course of law, in
any court of record having jurisdiction of the same, and shall have
the same lien on land, for the payment of the sum recovered.
Sec. 2 When any person has an occupant claim, and is in posses- Benefits of act
sion of the same, he or they shall have all the benefits of the before tend^to^ccu-
recited acts, and the same shall be considered a good color of title, to pants,
recover the value of his or their improvements.
1819.—Chapter 1.
Section 12. When any person or persons shall have been actually Lands occu-
settled, upon any vacant and unappropriated land wilhin this state, pied by actual
and which lies south and west of the congressional reservation line, ^"'entered' by
or north and east of that line, and north of the Tennessee and Holston others, without
rivers, and shall have made valuable improvements thereon, and paying for im.
shall not enter the same as is provided for by this act, and the said ^surveyors not
valuable improvements shall be entered by any other person than tos'rv'ysaiden-
such settler, the said surveyors are hereby prohibited, under the tries-
penalty last aforesaid, recoverable as last aforesaid, from surveying
the same for any other than such settler, until the value of such
improvements is paid for, or tendered by such enterer; or in case any in disputes sur-
dispute should arise between such settler and enterer, then and in ^oVs" lvalue
that case, it shall be th« duty of the surveyor, or his deputy, to ap- Fmprovements"6
point one or more honest, disinterested person or persons, at the
expense of such settler to fix on the value of such improvement,
whose award shall be final between the parties; and upon the pay-
ment or tender thereof to such settler, in any current notes of this
state, or upon giving bond with sufficient security, payable with inte-
382
IMPRISONMENT V0K DEBT.
rest, within twelve months, or tender thereof, to such settler, it then
shall, and not before, be lawful for said surveyor, to survey the same
as is required by law.
18 2 4.—Chapter 8.
Section 1. Should there be any land warrants, which have been or
rantTnterecTon May be issued by the Register of West Tennessee, entered on any
improved land, improved vacant land, the owner of such land warrant shall pay for
4>°roveuKsnt8 ^ suc^ "nprovement, as other improvements are paid for under the
n ' occupant law of 1819.
1831.—Chapter 38.
Section 4. The defendants in ejectment, or any who may be
daimndvaiuem^ofsue<* hereafter, who claim by virtue of a purchase from this state, or
imprVem'nts on entry of said lands so sued for, under the several laws passed for the
thfeHiw'flseedis- disposal of the lands in the Hiwassee district, shall be entitled to claim
trict" and recover from the lessors of the plaintiffs in ejectment in each
case, the value of the improvements made upon such lands, so sued
for by said defendant or defendants, his, her or their assignor or
assignors, grantor or bargainors, and shall prove the same in the
same manner on the trial of said ejectment, as is provided in other
cases, by an act passed on the 18th day of Oct., 1813, ch. 60; Provi-
ded, nevertheless, that three months' notice of a claim for improve-
ments, as well as counter notice for a claim of mesne profits may be
filed at any time before the final trial.
Sec. 5. The lessor of the plaintiff may also set off against said
Lessor may claim of improvements the value of the mesne profits in the same
claim as set off, manner as provided for by said mentioned act. And each party shall
the value of , \ ., J , . , , ^r J.,
mesne profits, he entitled to the same process and means pointed out by said act
for the recovery or security of the balance that may be found in his
or her favor by the verdict- of the jury for said improvements or mesne
profits, and judgment shall be given, and proceedings had accord-
ingly.
IMPRISONMENT FOR DEBT.
18 01.—Chapter 7.
If deft taken Section 2. Where any legal officer, or person deputed by the justice
rent bfve seen. °f the peace executing any bail-warrant for any debtor demand, shall
rfty and fail to take a bail bond; and the person so bound shall fail to attend, the
attend,justice to justice of the peaee may proceed to try the cause, award judgment
aeainst^he^sand an<^ issue execution against the principal and securities for debt and
executors, costs, and if the defendant will not give security if required by the
IMPRISONMENT EOR DEBT.
plaintiff, it shall be the duty of the constable, or person serving the
warrant, to bring him forthwith to trial or commit him to the jail of
his county by order of any justice of the peace, there to remain until
trial can be had, which shall take place as early as practicable.
1831.—Chapter 40.
Section 1. No female defendant in any civil action shall be im-
prisoned, either by virtue of mesne or final process, but she shall be
warned to appear by summons, and be proceeded against after judg-
ment to enforce the same byfieri facias, or other writ not affecting
the liberty of the person.
Sec. 2. In all civil actions at law to be commenced on any debt or Original process
contract made after the first day of March next in courts of record, by
or before justices of the peace, the original process shall be a
summons to the defendant, to appear and answer to the plaintiff's ac- gpecial or ap.
tion; upon which the defendant shall be notified, as is now practiced pearance bail not
in cases where bail is not required; nor shall special or appearance required,
bail be taken or required, save in the cases hereinafter provided for.
Sec. 3. If the plaintiff, his or her agent or attorney, will file an Capias may issue
affidavit with the clerk of the court in which the action is brought, when the defen-
either at the time of the commencement of the suit, or at any time bout hto3 remove
during its progress before judgmentrendered, that the cause of action property,
is just, and that the defendant has removed, or is about to remove his
property beyond the jurisdiction of the court, then a capias ad re-
spondendum shall issue, and the defendant be compelled to give ap-
pearance or special bail to the action, as is now practiced: Provided,
the defendant may at any time after arrested, apply to the court by May apply for
motion to be discharged from said bail bond; which the court shall do, discharge,
if the defendant can make it appear that the plaintiff, his agent or
attorney has sworn falsely, or was mistaken—or that the causes al-
Ieged in the affidavit are insufficient.
Sec. 4. In all cases brought before justices of the peace, on affida- Bail warrant
vit being made as prescribed by the third section of this act, sworn may issue on af.
to before, and filed with the justice, he shall issue a bail warrant as ^avit^aut
is now practiced: Provided, the justice shall have power to discharge Charge?ay *
the defendant, if it is made appear that the plaintiff, his agent or at-
torney swore falsely, or was mistaken, or has not shown sufficient
cause in the affidavit.
Sec. 5. After a judgment or decree rendered, in any civil actions Causes for wh'h
in courts of law or equity, or before any justice of the peace, writs of auaapias may iB"
capias ad satisfaciendum, authorizing the imprisonment of the person,
to enforce the payment of money, shall not issue unless the plaintiff,
or complainant, his agent or attorney, will make an affidavit before
the clerk of the court from which the writ issues, or before the jus-
tice who is required to issue the writ; 1st. that the defendant is about
to remove his property beyond the jurisdiction of the court or justice;
or 2d, that he has removed his property beyond the jurisdiction of the
court or justice who rendered the judgment or decree; or 3rd, unless
the plaintiff, his agent or attorney will make affidavit before the clerk
or justice that the defendant has fraudulently conveyed his property
to others to avoid the payment of his debts; or 4th, that he conceals
it to avoid the payment of his debts; or 5th, that the defendant has
If bail be not
given, to be tried
forthwith or im.
prisoned.
No woman to
be imprisoned in
civil actions.
S84
IMPRISONMENT FOR DEBT.
moneys in his possession or within his control, sufficient to pay the
demand or a good portion thereof, which he fraudulently withholds
from the payment of his debts: In either of which cases a capias ad
satisfaciendum may issue,as has been heretofore practiced, and sub-
ject to the same rules and restrictions. Provided, the defendant
may at any time apply to the court or justice from whom the writ
issued to be discharged therefrom—which the court or justice shall
be d[acharge™.ay ^°> ^ defendant can make it appear that the plaintiff, his agent or
attorney has sworn falsely or was mistaken—or that the grounds
laid in the affidavit were insufficient to authorize the issuance of the
writ. All affidavits required by this act, made on part of plaintiffs
shall be sufficient if they allege the facts to be true, accoiding to the
information and belief of the plaintiff, (a)
Persons dis- Sec. 6. Should a ca. sa. issue, or be executed under the provisions ■
charged from ca. 0f this act, and the same discharged from the person claiming the ben-
ted Pm the jud" efit thereof, the person so discharged shall not be exonerated from
meat. ° the judgment by the discharge of such ca. sa.
18 32.—Chapter 12.
Act of 1831,
piy to'contracts Section 2. Nothing in the act of 1831, chap. 40, contained shall
previous to 1st be so construed as to apply to any contracts entered into prior to the
March, 1832. first day of March, 1832.
Act of 1831, Sec. 3. The provisions of the act of 1831, chap. 40, shall not be
and^ex r®s.tri^ted construed to change the laws or process heretofore in use and force,
and explained. previous to the passage of said act, on account of fcany debt or de-
mand, due and owing prior to said first day of March, 1832, nor the
issuance of a capias ad satisfaciendum to render bail liable under
said contracts, but in all cases wherein bail may have been taken be-
fore the passage of said act, and since, under the provisions of said
act, as well as for contracts entered into before the first day of
March, 1832, such proceedings may bo had as heretofore—and in all
cases wherein by the provisions of said act of 1831, any plaintiff was
unable to prosecute his capias ad satisfaciendum, and to render bail
for appearance liable, the statute of limitations shall not bar, provi-
ded such plaintiff prosecute his suit by such capias within six montlis
from the passage of this act.
Act of 1831, Sec. 4. The provisions of the act of 1831, chap. 40, shall extend
to'aU^civif c*v^ acti°nsj whether founded upon contract or otherwise, with-
tions, C V1 aC out regard to the form of the action or the nature of the demand, pro-
vided that nothing herein contained shall be construed to extend to
any demand or cause of action accruing before the first day of March,
1832.
(a) This act does not prevent the issuance of a ca. sa. against a debtor, upon a judgment rendered upon a
contract existing at the passage of the act. 4 Yerg. 533.
2. This section refers only to the issuance of a capias ad satisfaciendum upon a judgment founded on
proceedings under the second section of this aet. Same.
3. This section does not require the affidavit mentioned, upon a contrrct existing at the passage of the
act. Same.
MILITIA.
465
Governor, on being satisfied of the fact, shall issue his writs to the
sheriffs of the various counties composing the division, commanding
that an election be held at all the places of holding elections, after
giving forty days notice at such places, and in some one or more
newspapers, to fill such vacancy; which elections shall, in all res-
pects, be conducted and managed as elections to fill vacancies in the
office of brigadier generals. The sheriffs shall make their returns
to the Governor immediately after such' elections, but the Governor
shall not issue a commission till fifteen days after he receives such
returns, during which time, any opposing candidate may contest the
election, in which case, the same shall be decided as prescribed for
the case of a contested election for brigadier generals; the candidate
receiving the highest number of legal votes shall be declared to be
elected, but if two or more candidates have an equal and the highest
number of votes, the Governor shall decide the contest, and issue his
commission accordingly.
Sec. 19. All officers required by this act to be commissioned, fficersmayact
shall act upon the certificate of their election from the sheriff or oth- on certificate of
er person holding the election, where the command is confined to one
county or regiment, but where the command extends to the militia
of more than one county, then such officer may act upon the certifi-
cate of the officer to whom the return is made until his commission is
secured.
Sec. 20. It shall not be lawful for keepers of public ferries or toll Militia exempt
gates to exact or receive any ferriage or toll from any person sub- fr°m toils, &c.
ject to militia duty, going to or returning from any drill or muster, or
any military election.
Sec. 21. All militia officers shall be eligible for re-election; they Eligibility for
shall severally have the same staff, powers, privileges and titles, and re election,
be required to perform the same services and duties, and be subject
to the same liabilities with officers of the same grade under the ex-
isting laws, except as the same are herein changed.
Sec. 22. There may be raised in the manner now pointed out by of volunteer
law, one or more volunteer companies of infantry in each regiment: companies. (See
Provided, the militia companies are not thereby reduced below forty- *' "e*
five privates; and as soon as the requisitions of the act of 1825, ch. 69,
are complied with, the Governor shall furnish such companies with a
sufficient number of the public arms for their equipment. The said
companies, when formed, shall constitute a part of the regiment in
which they are situated, and shall be under the command of the same
field officers, and be liable to attend the regimental musters of their
regiments; they shall have also, at least four company musters in
each year, at which they shall remain on duty at least three hours in
the day; they may take such name, and make such rules for their
government, as they may think proper, by the vote and consent of a
majority of their company, not inconsistent wi h the laws and consti-
tution of this State: Provided, that whenever any of said volunteer
companies shall fail to do and perform all the duties herein and by the
existing laws required of them, they shall be considered dissolved, and
shall become liable to the performance of all the duties required of
other citizens of the same age and condition, in the same bounds
wherein they respectively reside; the commissioned officers of said
companies shall be entitled to seats in the courts martial of the regi-
60?
466
militia.
ments to which they are attached, with the same powers of the oth'
er members.
Cavalry. (See Sec. 23 There may also be formed one or more troops of cavalry
Compuat'n,see. jn each of the counties of this State: Provided, that no militia com-
72 *• 88,96.) pany shall be reduced below the number of forty privates thereby;
-uch troop shall be attached to the regiment wherein a majority of
Hem may reside, and attend the regimental musters therein, unless
nere shall be at least four troops in one brigade well equipped, and
illy organized, when they may form one regiment, to be called the
regiment of cavalry, attached to . brigade; in which case, they
may elect their field officers as now provided by law, and shall hold a
regimental muster on the first Friday in each year, and shall hold at
least three company musters in every year, at such times and places
as a majority of them may agree upon; said troops shall not consist
of less than forty privates. If they shall fail to perform the duties
herein and by the existing laws required of them, they shall be con-
sidered dissolved, and be liable to military duty as other citizens in
the same bounds. The said troops may be formed on the authority,
and in the manner now prescribed by law; but the election of all
the officers shall be by the privates and officers constituting the said
troops and regiments; and the officers shall hold their offices for the
same terms prescribed for officers of equal grade in this act; the
commissioned officers in said companies of cavalry, shall be entitled
to seats in the regimental court martial of the regiment to which they
are attached, with all the powers of other members.
When present Sec. 24. The militia officers now in command, shall so continue
. officers to go out. an(J be bound to perform all the duties now required of them, until
their successors are elected under this act, when the officers newly
elected shall take command.
Sheriff*," con- Sec. 25. If any sheriff*, constable, or other officer shall fail to per-
di^bl' *C ,n* ^orm any duties this act required of him, he shall be liable
cu e' to presentment or indictment, and on conviction, shall be fined not
less than five nor more than fifty dollars.
Militia law to be Sec. 26. The acts and sections of acts herein referred to, except
printed. so far as they conflict with the provisions of this act, are hereby de-
clared to be in force, and shall be printed, together with this act, in
pamphlet form, and distributed with the Acts and Journals of this
General Assembly, by the Public Printers, to wit: Act, 1825, ch.
69, sec. 17, 18: same year, chap, 86, sec. 1, 2,3, 4; chap. 69, sec.
21 to26, inclusive; sec. 28 to 61, inclusive; sec. 60 and 70, to the
word "abilities," in the 11th line; sec. 71 to 73, inclusive; sec. 76 to
112, inclusive; sec. 114 and 117, together with the forms accompa-
nying said act: Act 1826, chap. 18, sec. 5, 24 and 34; 1827, chap.
68, sec. 3 and 4: chap. 90, sec. 1,2, 3 and 4; 1829, chap. 17, sec. 2;
1831, chap. 73. In printing said acts and sections, they shall be in-
serted and the sections numbered from one to the end, in the order in
which they are above referred to, under the following head, to wit:
"A compilation of the acts of this State on the subject of the Militia,
in addition to an act passed the 20th day of February, 1836, entitled,
An Act to divide the Militia of this State into Companies, Battalions,
Regiments, Brigades and Divisions, and to prescribe the time and
mode of electing officers, and in obedience to the 26th section of said
Number to be act" ^ number of said acts and pamphlets sufficient to furnish the
printed. following officers with one each, shall be printed and deposited in
MILITIA.
467
each county town with the same person who receives the Acts and
Journals, whose duty it shall be to preserve them with care, and
only deliver them to the following officers, to wit: to all Generals,
Colonels, Majors and Captains, and the Staff officers of Generals
and Colonels, that is, to such officers as may be in command after
the new elections; and it shall be the duty of any officer who may
receive a copy of the same, to deliver it to his successor after he
shall go out of office. All other acts or sections of acts not above
referred to and ordered to be printed, are hereby repealed. It shall Sw'y of Stat*
be the duty of the Secretary of State to arrange the acts above re- t0 afr*n««
ferred to for publication, and to superintend the same, and also make
an estimate of the number to be printed and sent to each county town.
In addition to the above number referred to, there shall be sent to
each county four copies for each regiment, to be delivered to the cap-
tains, lieutenants and ensigns, of any volunteer companies that may
be formed, and the same number for officers of a troop of cavalry
for each county; and there shall also be deposited in the office of the
Secretary of State one hundred copies.
468
MILITIA.
A COMPILATION
Of the Acts of this State oil the subject of the Militia, in addition to
an act passed on the 20 th day of February, 1836, entitled An Act
to divide the Militia of this State into Companiest Battalions,
Regiments, Brigades and Divisions, and to prescribe the time and
mode of electing officers, and in obedience to the 26th section of
saidaat. Ch."21.
Governor and
Section 1. The Governor, for the time being, shall be comman-
der-in-chief of the militia of this State, who shall appoint one adjutant,
one quarter master general of the State, who shall rank each as brig-
adier generals, in the line, and two aids-de-camp, with the rank of
colonel of infantry, and the said officers, when called into actual ser-
vice, either by the authority of the United States or of this State,
shall be entitled to the same pay and emoluments as officers of the
Major Gener- like gra(Je belonging to the line,
ai and staff* Sec. 2. Each division shall be commanded by one major general,
who shall appoint one assistant adjutant general, one assistant quar-
ter master general, and two aids-de-camp, which shall rank as col-
Brigadier's staff, onels of infantry, and each brigade shall be commanded by one briga-
dier general, who shall appoint one brigade major, who shall perform
the duties of inspector; one brigade quarter master and aid-de-camp,
Regimental etaff who shall rank as majors. Each regiment shall be commanded by
one colonel commandant and one lieutenant colonel, one first and
one second major, the colonel shall appoint one adjutant, one regi-
mental quartermaster, and one surgeon, which shall rank as captains
of infantry; one sergeant major, one quarter master sergeant, one
drum and fife major. Each company shall be commanded by one
cer«0mpany °ffi caPta.in, one first lieutenant and one second lieutenant, one ensign,
three sergeants and three corporals, who shall be elected by those
citizens in the bound of said company subject to military duty, and
the captain shall appoint one drummer and one fifer to each compa-
ny-
inspector Gen. Sec. 3. It shall and may be lawful for the Governor to appoint an
to be appointed, inspector general for the State, with the rank of brigadier general,
whose duties shall be the same with those of an inspector general in
the United States' service, and when called into actual service, shall
be entitled to the same pay and emoluments.
Assistant in. Sec. 4. Each major general in this State, shall be authorized to
spector. appoint an assistant inspector general for his division, with the rank
of colonels of infantry, and when called into actual service, shall be
entitled to the same pay and emoluments.
Brigade Sur. Sec. 5. Each brigadier general shall be authorized to appoint one
geon. brigade surgeon, in addition to the staff now authorized by law.
Sec. 6. It shall be the duty of the brigade inspectors to make their
inspectors re- returns to the assistant inspector general of the division to which
turns,how made they may respectively belong, and the assistant inspector generals
shall make their returns to the inspector general of the State once
in each and every year, and oftener if required by the governor of
the
MILITIA.
469
Sec. 7. Eacli officer, non-commissioned officer, -musician and pri- .officers and
vate, shall attend at their respective muster grounds and be in rea- privates to at-
diness to perform the duties assigned them by eleven o'clock A. M. tendmusterB*
on the day appointed for regimental, battalion and company musters,
and at the several musters herein directed to be held; the troops shall
be exercised at least two hours in each day, and agreeable to such
system of discipline as is, or may be, adopted for the government of
the United States' infantry, at which musters, the roll shall be called
and delinquents noted by order of the commandants of regiments, bat- Delinquencies
talions or companies, as the case may be, both as to absence and noted,
arms.
Sec. 8. The commissioned officers of the several regiments of in- officers to be
fantry in this State, shall meet at the place of holding their regimen- d^"*d by adju"
tal musters at eleven o'clock on the day immediately preceding
the regimental muster, armed with a good rifle or smooth bored gun, Time changed
and dressed in the uniform prescribed by this act,for the purpose of iSee Acton835
being trained and instructed in their duty by the adjutant of the regi- Sec'12'^
ment, or such other person as the commanding officer present may
direct; and the senior officer present shall call the roll or order the
adjutant to call it, and note down* all delinquents and make report
thereof to the next regimental or battalion court martial, as the case
may be. Jud # advQ
Sec. 9. There shall be one judge advocate and one provost mar- cate andprovost
tial appointed by the commanding officers of eaeh regiment. martial.
Sec. 10. Before the judge advocate shall proceed to any of the du- judge adv0.
ties of his office, he shall take an oath to support the constitution of cate to take oath -
the United States and of the State of Tennessee, and also, the follow- and glve bond-
ing oath: I, A. B, do solemnly swear, that I will well and truly per-
form the duties of judge advocate to this regiment, in all things, ac-
cording to law, and to the best of my ability, so help me God; and
shall give bond and security in the sum of five hundred dollars, pay-
able to the colonel commandant and his successors in office of the re-
giment, conditioned for the faithful performance of the duties herein
required of him, and the said bond shall not be void upon the first re-
covery.
Sec. 11. Each judge advocate shall hold his office during good a^"aa"eof^uds*
behavior, whose duty it shall be to provide a good bound book, to be v ca e'
paid for out of any money in the hands of the judge advocate not oth-
erwise appropriated, in which he shall, from time to time, record the
proceedings of the several courts martial; viz, regimental, battalion
and company courts martial, for the trial of officers, and all other en-
tries for the regiment, and for his services shall be allowed the sum
of one dollar and fifty cents per day, for attending regimental, battal-
ion and called courts martial, to be paid out of the fines arising by
virtue of this act: Provided, also, in case of death, resignation or re-
moval out of the county, or office, the journal and proceedings shall
be kept by the colonel or commanding officer until a judge advocate
be appointed in room and stead of him so dead, removed, resigned,
refusing to act, or removed out ofoffice.
Sec. 12. It shall be lawful for the commandants of companies to How digcharg-
discharge any person from militia duty, upon his producing anaffida- ed from duty,
vit from some justice of the peace within the county, that he believes
he is forty-five years of age. The residence of every militia man in Residence,
this State shall be considered to be at the place where he has lodg- p ace 0 0 8ing"
ing.
468
militia.
A COMPILATION
Of the Acts of this State on the subject of the Militia, in addition to
an act passed on the 20 th day of February, 1836, entitled An Act
to divide the Militia of this State into Companiest Battalions,
Regiments, Brigades and Divisions, and to prescribe the time and
mode of electing oMcers, and in obedience to the 26th section of
said act. Ch."21.
Governor and
Section 1. The Governor, for the time being, shall be comman-
der-in-chief of the militia of this State, who shall appointone adjutant,
one quarter master general of the State, who shall rank each as brig-
adier generals, in the line, and two aids-de-camp, with the rank of
colonel of infantry, and the said officers, when called into actual ser-
vice, either by the authority of the United States or of this State,
shall be entitled to the same pay and emoluments as officers of the
Major Gener- hke grade belonging to the line,
ai and staff- Sec. 2. Each division shall be commanded by one major general,
who shall appoint one assistant adjutant general, one assistant quar-
ter master general, and two aids-de-camp, which shall rank as col-
Brigadier's staff, onels of infantry, and each brigade shall be commanded by one briga-
dier general, who shall appointone brigade major, who shall perform
the duties of inspector; one brigade quarter master and aid-de-camp,
Regimeat&i etaff who shall rank as majors. Each regiment shall be commanded by
one colonel commandant and one lieutenant colonel, one first and
one second major, the colonel shall appoint one adjutant, one regi-
mental quarter master, and one surgeon, which shall rank as captains
of infantry; one sergeant major, one quarter master sergeant, one
drum and fife major. Each company shall be commanded by one
ceM°mpany °ffi caPtain> one lieutenant and one second lieutenant, one ensign,
three sergeants and three corporals, who shall be elected by those
citizens in the bound of said company subject to military duty, and
the captain shall appoint one drummer and one fifer to each compa-
ny.
inspector Gen. Sec. 3. It shall and may be lawful for the Governor to appoint an
to be appointed, inspector general for the State, with the rank of brigadier general,
whose duties shall be the same with those of an inspector general in
the United States' service, and when called into actual service, shall
be entitled to the same pay and emoluments.
Assistant in. Sec. 4. Each major general in this State, shall be authorized to
spector. appoint an assistant inspector general for his division, with the rank
of colonels of infantry, and when called into actual service, shall be
entitled to the same pay and emoluments.
Brigade Sur. Sec. 5. Each brigadier general shall be authorized to appoint one
geon, brigade surgeon, in addition to the staff now authorized by law.
Sec. 6. It shall be the duty of the brigade inspectors to make their
Inspectors re. returns to the assistant inspector general of the division to which
turns, how made they may respectively belong, and the assistant inspector generals
shall make their returns to the inspector general of the State once
in each and every year, and oftener if required by the governor of
the State.
militia.
469
Sec. 7. Each officer, non-commissioned officer, musician and pri- .officers end
vate, shall attend at their respective muster grounds and be in rea-
diness to perform the duties assigned them by eleven o'clock A. M.
on the day appointed for regimental, battalion and company musters,
and at the several musters herein directed to be held; the troops shall
be exercised at least two hours in each day, and agreeable to such
system of discipline as is, or may be, adopted for the government of
the United States' infantry, at which musters, the roll shall be called
and delinquents noted by order of the commandants of regiments, bat- Delinquencies
talions or companies, as the case may be, both as to absence and noted,
arms.
Sec. 8. The commissioned officers of the several regiments of in- °ffice58 tod be
fantry in this State, shall meet at the place of holding their regimen- ta"J® y a )U"
tal musters at eleven o'clock on the day immediately preceding
the regimental muster, armed with a good rifle or smooth bored gun, Time changed
and dressed in the uniform prescribed by this act, for the purpose of jg®ae^>CvPf1835
being trained and instructed in their duty by the adjutant of the regi- ec'
ment, or such other person as the commanding officer present may
direct; and the senior officer present shall call the roll or order the
adjutant to call it, and note down* all delinquents and make report
thereof to the next regimental or battalion court martial, as the case
Sec. 9. There shall be one judge advocate and one provost mar- cateandeprovost
tial appointed by the commanding officers of eaeh regiment. martial.
Sec. 10. Before the judge advocate shall proceed to any ofthedu- ju(ige adv0.
ties of his office, he shall take an oath to support the constitution of catetotake oath
the United States and of the State of Tennessee, and also, the follow- andglve bond-
ing oath: I, A. B, do solemnly swear, that I will well and truly per-
form the duties of judge advocate to this regiment, in all things, ac-
cording to law, and to the best of my ability, so help me God; and
shall give bond and security in the sum of five hundred dollars, pay-
able to the colonel commandant and his successors in office of the re-
giment, conditioned for the faithful performance of the duties herein
required of him, and the said bond shall not be void upon the first re-
covery.
Sec. 11. Each judge advocate shall hold his office during good a(^"catbeof,'ud8e
behavior, whose duty it shall be to provide a good bound book, to be a vocate'
paid for out of any money in the hands of the judge advocate not oth-
erwise appropriated, in which he shall, from time to time, record the
proceedings of the several courts martial; viz, regimental, battalion
and company courts martial, for the trial of officers, and all other en-
tries for the regiment, and for his services shall be allowed the sum
of one dollar and fifty cents per day, for attending regimental, battal-
ion and called courts martial, to be paid out of the fines arising by
virtue of this act: Provided, also, in case of death, resignation or re-
moval out of the county, or office, the journal and proceedings shall
be kept by the colonel or commanding officer until a judge advocate
be appointed in room and stead of him so dead, removed, resigned,
refusing to act, or removed out of office.
Sec. 12. It shall be lawful for the commandants of companies to Howdischarg-
discharge any person from militia duty, upon his producing anaffida- cd from duty,
vit from some justice of the peace within the county, that he believes
he is forty-five years of age. The residence of every militia man in Residence,
this State shall be considered to be at the place where he has lodg- p sing"
ing.
470
KTLITtA.
Sec. 13. The commandant of companies shall make the annual
Cowp. returns company returns on or before the battalion muster in each and every
how made. year, agreeable to the forms hereto annexed, in which shall be ex-
pressed the military strength, arms, &c. and deliver the same to the
adjutant or commandant of the battalion.
Sec. 14. The commandants of regiments shall cause their adjutants
Regimental re- to make out, from their company returns, on or before the first day
tumi, how made of May, in each year, two regimental returns, agreeable to forms
hereafter presented, and lay the same before the commandant of the
regiment for his examination, and it shall be the duty of said com-
mandants, after signing said returns, to cause their adjutants to for-
ward one of said returns to the brigade major, on or before the fif-
teenth day of May in each and every year, and the other shall be
kept by said commandants for the use of the regiment.
Sec. 15. It shall be the duty of the brigade majors, to make out,
how^a'de*11"119 ^rom regimental returns, two brigade returns, on or before the
ow ma e fo.gt jay in July in each year, agreeable to forms hereto annexed,
and lay the same before the brigadier general, for his examination,
and it shall be the duty of the brigadier general after signing said re-
turns, to forward one of said returns to the assistant adjutant general,
on or before the first day of August in each and every year.
Sec. 16. It shall be the duty of the major generals to cause their
Divis. returns, assistant adjutant generals to make out from the brigade returns, two
forms of division returns, agreeable to forms hereto annexed, and
lay the same before him on or before the first day of September, in
each year, for his examination and signature, one of which the assis-
tant adjutant general shall forward to the adjutant general's office, on
or before the 15th day of September, in each year, and it shall be the
Delinquent! in duty ofthe adjutants of regiments, brigade majors and issistant ad-
making returns, jutant generals, when any officer shall refuse or neglect to make re-
turn as by this act required, to give notice thereof to his command-
ing officer of his regiment, brigade or divison, as the case may be,
whose duty it shall be to order a court of inquiry within fifteen days,
if for the trial of a captain or regimental staff; if field, brigade, or di-
vision officer or staff, within thirty days; and it shall be the duty of
the officer ordering said court, to give to the officer or officers fail-
ing as aforesaid, at least fifteen days notice of the time and place of
such court, and a copy ofthe charge or charges in writing exhibited
against him, and said officers so charged, unless good cause shown to
the satisfaction ofsaid court, shall be fined in a sum hereafter direct-
ed, subject, notwithstanding, to appeal as in other cases.
Rats of fines Sec. 17. Fines inflicted under this act, shalj be as follows, without
for neglect ofdu. a reasonable excuse: on a major general or division staff officer, for
(8®e®ec' "• failing to perform any of the duties assigned to them by this act, a
sum not less than twenty-five, nor more than one hundred dollars; on a
brigadier general or brigadier's staff, a sum not less than twenty-five,
nor more than one hundred dollars; on a field officer or regimental
staff, not less than fifteen nor more than fifty dollars; on a captain or sub-
altera officer, a sum not less than three nor more than twenty dollars; on
a non-commissioned officer, musician or private, at a company muster,
not more than one dollar, nor less than fifty cents; at a regimental or
battalion muster, not more than five dollars, nor less than one dollar:
Provided, in all cases, when the fine to be assessed on any person
is for not bearing of arms, then, and in that case, the courts martial
are vested with the discretionary power either to fine or not
MILITIA.
471
Sec. 18. If any non-commissioned officer or private shall behave Penalty on die.
himself disobediently or mutinously when on duty or parade, or be- order4 mutiny,
fore any court directed by this act, the commanding officers of said
court may confine him during said parade or during the sitting of said
court, and he may be fined by a court martial in any sum not under
five, nor more than ten dollars, to be collected as other fines under
this act; and if any by-stander shall attempt to insult or molest any
officer or soldier while on duty or shall be guilty of like conduct be-
fore any court, the commanding officer, or such court, may inflict sim-
ilar punishment on any person or persons so offending.
Sec. 19. It shall be the duty of the commanding officers of com- captain* to
panies, to make out a fair roster of his company, placing all those make rostere of
who have not served a tour of duty on the lowest numberyand when and'V'aTe^them
a detail is made on the company, the captain shall draft the number for duty in order
required from the whole, who have not served a tour of duty, and
when any person shall arrive at the age of eighteen years, it shall
be the duty of the captain to give such person at least three days no-
tice of the time and place of holding his next muster, who shall be en-
rolled in the first or second class, to be determined by lot; and when
any person shall move into the bounds of any company, he shall*
within ten days, if a citizen of this State, if a citizen of another Stat*,
within thirty days, produce a certificate from the captain in the bounds
he formerly belonged, showing whether he had served a tour of duty
or not, and in case he should fail to produce such certificate, the officer
shall place him first for service.
Sec. 20. It shall be the duty of the field officers of each regiment cat/t^make^eu
to settle with the judge advocate at least once in every year, which tiemeut.
settlement shall be made preceding the court martial, and sign-
ed by themselves and recorded in the judge advocate's books, and
shall be laid before each court martial and subject to the inspection
of the officers composing said court martial; the money collected and
funds in hands of the judge advocate shall be drawn by order of a reg-
imental court martial, for the following purposes, viz: for the pur-
chase of regimental and battalion standards, drums, fifes, &c. and
for furnishing each company with a drum, fife and standard, all of
which orders shall be filed and preserved by the judge advocate as
vouchers in his annual settlement: Provided, that the judge advocate
shall retain in his hands six per cent, as a commission to be deduct-
edout of all moneys so paid out.
Sec. 21. It shall be the duty of the drum and fife major, to attend ma^or»Muiy
the regimental and battalion^mustcrs and the drill parades in the reg- pay.
iment, and shall be allowed the sum of one dollar per day, out of any
money in the hands of the judge advocate not otherwise appropri-
ated.
Sec. 22. It shall be the duty of the adjutant of each regiment, to Adjutants*,
attend the several regimental and battalion musters and the drill pa- ty and pay.
rades, and there attend to his duty as heretofore directed, for which
service he shall receive the sum of one dollar and fifty cents per day,
out of any money in the hands of the judge advocate not otherwise ap-
propriated.
Sec. 23. It shall be the duty of commandants of regiments and bat- commandanta
talions to exercise their regiments and battalions on the muster days, bittaUoM to^u.
and when they may be present at any company muster, they may perintand.
superintend the exercise, if they think proper.
472
MIL1TR.
Duty Of sub- Sec. 24. It shall be the duty of lieutenants and ensigns to assist
aiterns. in the exercise and discipline of their companies, and report every
default and disobedience in the government and exercise thereof.
All officers of every grade shall implicitly obey the lawful orders of
their superiors, and in case of absence, death or inability of any offi-
Next in 'rank cer, the next in rank shall take command and discharge all the duty
to command in required by this act of his superior during such vacancy, absence or
absence. inability.
Sec. 25. The officers of each regiment shall hold a court martial on
Regimental c'rts the fourth Thursday of November, annually, and the succeeding
martial how h'ld days, if necessary, at the place of holding regimental musters, to
consist of at least seven members. The senior officer, or officer
highest in grade, to be president of said court, and the court shall be
sworn to do their duty by the judge advocate of the regiment. The
court thus organized, shall have power to inquire into the abilities of
those brought before them and exempt such as may bo judged inca-
pable of duty, and to receive all returns of delinquencies made by
officers, and to hear and determine all neglects or omissions of duty,
as well by officers as by privates, to hear and determine on all appeals
that .may be taken by officers, non-commissioned officers or privates,
who may think themselves aggrieved by any sentence or decree of
any battalion or company court martial, and order and dispose of all
fines and forfeitures arising under this act, unless otherwise disburs-
ed by law; and it shall be the duty of all officers to attend their reg-
imental and battalion courts martial; each battalion shall hold a bat-
talion court martial at the place of holding battalion muster. The
Battalion courts ^rst battalion shall hold court martial on the first Thursday in June,
martial. and the second battalion on the second Thursday in June, annually;
which court shall consist of at least five members, and in case the
major commanding should fail to attend and preside, the senior officer
highest in rank present shall preside in said court martial, and at
which courls martial the judge advocate of the regiment shall attend,
and said court shall be conducted by the same rules, regulations, and
restrictions as regimental courts martial, reserving to any person
who may think himself aggrieved by the sentence of said court, the
right of appeal to the next regimental court martial, whose duty it
shall be to hear and determine on all appeals brought before them.
Company courts ^he commissioned officers of companies shall have power to hold
martial. courts martial when they may deem it necessary, or any two of
them, and the senior officer present shall preside and administer all
necessary oaths and receive fines by them adjudicated, and pay the
same into the hands of the judge advocate of the regiment, and the
commanding officers of companies shall keep a record of all persons
on whom fines are assessed, a copy of which shall be returned to the
judge advocate on or before the next regimental or battalion court
martial after such fine has been assessed, and all such returns shall
be entered on the books of the judge advocate, and any person who
may think themselves aggrieved by the sentence of any company
court martial, shall have the right of appeal to the regiraental or bat-
talion court martial, as the case may be.
Sec. 26. Within twenty days after the rise of any court, it shall be
tatetotasue^ex. *he duty of the judge advocate to issue executions against all persons
ecution " on whom a fine has been assessed by such court or who has been
fined and returned by a company court martial.
militia.
473
Sec. 27. Any person on whom a fine may be assessed by virtue of maPe£son8alfine<i
this act, shall have the right of appeal before such execution issues: may appea *
Provided, he will show to the satisfaction of the judge advocate, that
such appeal should be granted, or to the commanding officer of his
regiment j whose order shall be a good voucher to the judge advocate -
for suspending such execution; and it shall be the duty of the com-
mandants of companies, to cause to be notified, all persons under their
command on whom a fine has been assessed, within twenty days af-
ter the rise of the court at which such fine was assessed.
Sec. 28. Where any regiment shall consist of sixteen companies, Regiments how
exclusive of volunteer companies, and the commandant thereof fails
or refuses to divide the same and make two distinct regiments, it shall
be the duty of the brigadier general to cause such regiment to be
divided, and when done, to issue his writ to fill vacancies as in other
cases.
Sec. 29. Nothing in this act shall be so construed as to affect the u^ercompa'ks
right of volunteer companies, whose rights have been secured to them secured,
by special act of Assembly.
Sec. 30. There shall be a judge advocate and provost martial, ap- judge advo.
pointed by the Governor, major general or brigadier general, .as the martfaidfor°spe-
case may be, to the several courts hereafter ordered. The judge Ciai courts mar.
advocate shall take and keep safely, a true statement of all proceed- tla1'
ings, whether pleas, evidence, or defence, made before a court mar-
tial, a fair copy of which, after being signed by the president, shall
be delivered to the Governor, major general or brigadier general, as
the case may be, within twenty days after their adjournment, and
prosecute for the State; the provost martial shall attend and execute
the orders of the court.
Sec. 31. Courts martial shall be ordered for the trial of all officers reB^^rl^ ar"
for neglect of duty, disobedience of orders or disorderly and ungen-
tlemanly behavior, and it is hereby made the duty of all officers, to
cause to be arrested and brought to trial, all subordinate officers un-
der their command who may be guilty of a violation of this act.
Sec. 32. General courts martial shall be ordered by the Governor courts
when he may think it necessary, where a major general shall pre-
side, if convenient, if not, a brigadier, and be composed of twelve
additional members, two of whom, at least, shall be brigadiers, and
f np nPI'O nplrl nTTl^Pl'CI
Sec. 33. Division courts martial shall be ordered by the major court'
general when necessary, where a brigadier general shall preside and
be composed of twelve additional members, two of whom, at least, shall
be colonels, and the others field officers.
Sec. 34. Brigade courts martial shall be ordered at the discretion Brigade courts
of the brigadier general, where a colonel shall preside, and consist martiai.j
of twelve additional members, two of whom, at least, shall be field
officers, and the others not under the grade of captain.
Sec. 35. Regimental courts martial shall be appointed at the dis- Regimental
cretionof the colonel, where a major or lieutenant colonel shall pre- C0UrtB marfiaI'
side, and be composed of twelve additional members, two of whom
shall be captains.
Sec. 36. In all courts martial, whether general, division, brigade, Court to proeeed
or regimental, when the full number of officers summoned shall fail ifa majority at-
to attend, the court shall proceed to the trial: Provided, a majority tend'
of the officers summoned are present. The president or any mem-
61
474
militia.
ber may be challenged on good cause shown to the satisfaction of the
court; the decision of any of the courts martial ordered under the
authority of this act, shall be approved or disapproved by the officer
Sentence, how ordering the same, and in case the sentence is disapproved, he shall
to be approved. return the proceedings to the president of the court with his objections
within twenty days, who shall again convene the court and re-con-
sider the same, and thereupon, if they adhere to their former opinion
the sentence shall stand confirmed, and the officer ordering said
court, shall dissolve said court, and publish the sentence thereof;
subject, however, to an appeal to the officer next in rank, and in case
of a division court martial, to the Governor, for the final affirmance
or reversal: Provided, that the sentence of no court martial shall be
reversed or set aside for the want of formality.*
Grade of offi. Sec. 37. In general courts martial, none shall be tried below the
eers. in what grade of a general officer, or the adjutant, or the quarter master gen-
eourtg tried. eral; in division courts martial, none shall be tried below the grade
of a field officer or division staff; in a brigade court martial, none shall
be tried below the grade of a field officer or brigade staff, or a captain,
on good cause shown; in regimental courts martial, all officers below
the grade of field officers shall be tried, and regimental staff officers.
Courtg martial Sec. 38. When either of the courts herein directed to be organized
how organized, is convened, the president thereof shall administer to the judge ad-
vocate thereof, the following oath:
You do solemnly swear, or affirm, that you will truly and faithfully
execute the office of judge advocate to this court so long as you re-
main in your office, to the best of your ability, and according to the
laws of this state and the United States, and that you will not, when
secrecy is required, disclose or discover the sentence of said court,
unless to the commanding officer, until he has approved or disapprov-
ed thereof, nor will you disclose or discover the sentence or opinion
of any particular member of said court, unless required to give evi-
dence in a court of justice.
The judge advocate shall then proceed to qualify the president and
members of said court, by administering to them the following oath:
You, and each of you, do swear, or affirm, that you will well and
truly try and determine, according to law and evidence, between the
state of Tennessee and the officer to be tried, and you will notdiscov-
er the sentence of this court martial when secrecy is required, until
the same is made known by proper authority, nor will you disclose*
or discover the opinion of any particular member of this court, unless
required to give evidence thereof in a court of justice.
Dechion how The proceedings of the court shall be correctly taken down by the
•ppeaied from, judge advocate, until the trial is finished, when a complete record of
the trial and sentence shall be signed by the president and the court
adjourned sine die; and upon the disclosure of the sentence of any
court martial, any person may, according to the direction of this act,
appeal therefrom by filing a written notice with the officer to whom
the appeal is made, at any time before the expiration of twenty days,
whose duty it shall be to order up before him, the proceedings of such
court for final decision, which shall be given within thirty days there-
after.
Sec. 39. When any person may have cause of complaint against
earhnf»rr«tPr°" any commissioned officer, he shall lodge with the governor, major
general, brigadier general or commandant of a regiment, as the case
MILITIA.
475
may be, the charges, certified in form, and make oath before some
justice of the peace, that such charges are true to the best of their
knowledge and belief, and thereupon an arrest or inquiry shall be
awarded; within twenty days thereafter, the court martial shall be
ordered, and the officer arrested shall have at least fifteen days' no-
tice thereof, as well as a copy of the charges exhibited against him. .
If it should appear to said court when eenvened, that from the absence when convened
of witnesses or any other cause, a fair and impartial trial cannot be m*y postpone.
had, they may adjourn to some further day: Provided, the time shall
not exceed three months.
Sec. 40. The commandants of regiments are hereby authorized commandant#
and directed to call courts martial or courts of inquiry at any time of regiments to
when they may think it necessary, to try persons failing to do their caI1 courts,
duty or delinquents of any kind, or persons failing to perform a tour
of duty when called on, or for trial of any non-commissioned officer,
musician or private, who may desert from the service, or to excuse
any person disabled, or for other causes, from doing militia duty du-
ring their disability.
Sec. 41. It shall be the duty of each major general to receive from Maj. generals
the adjutant general copies of requisitions of men made by the gov- mak®n
ernment on his division, and shall without delay, make a detail on ades*^"reviews!
the brigades in his division, agreeable to the returns made by the
assistant adjutant general, and shall issue his orders to the brigadiers
accordingly. Whenever the major general may choose, he may at-
tend at any muster or review whatever, and give any orders for the
discipline of the troops he may deem expedient.
Sec. 42. It shall be the duty of the brigadier general to receive Brigadiers to
from the adjutant general or major general, copies of requisitions make detail on
made on his brigade, and shall make a detail on the regiments in his regimentB"
brigade agreeable to the returns made by the adjutants of regiments,
and give orders to the commandants of regiments accordingly.
Sec. 43. Commandants of regiments shall receive from the briga- Command'ota
diers, copies of requisitions made on their regiments, who shall make ^ak^detalT J®
the detail on the several companies in his regiment and give orders companies,
to the several commandants of companies accordingly.
Sec. 44. It shall be the duty of major generals, brigadier generals Duty of com.
and commandants of regiments, upon receiving notice of an invasion landing officer#
or insurrection, immediately to embody such a force as they may sto^or'insurrw".
deem competent for the emergency, giving the earliest notice there- tion.
of to their next superior officer and to the governor.
Sec. 45. Where marching orders are given, the captain or other Substitutes rosy
officer may designate some place within the bounds of the regiment be received,
or regiments, from which the companies were detailed, where he
may receive substitutes in the place of those detailed for service;
Provided, they are able bodied men, well armed, and such as the
captain will approve of, and if approved of, he shall receipt to the
person furnishing such substitute, which shall be evidence to the offi-
cer from whose company such detail is made, that such person is en-
titled to"a credit, which credit shall be entered in such company book,
after such troops are discharged from service for the time the detach-
menthas served and no longer, and if the substitute enlist in the service
of the United States, the credit shall be given for the same as if such de-
tachment was detailed for service; and each and every one furnishing
such substitute, shall be bound to attend all the musters directed by this
476
MILITIA.
act, and if such substitute should be called on to perform a tour of
duty during substitution, the person for whom he is a substitute shall
be bound to serve in his stead, and if any person who may furnish a
substitute, should be called upon to serve in the room of such substi-
tute, said substitute shall reiund to said person the full amount which
he may have received for performing said substitution.
Requisition of Sec. 46. The requisitions of the governor, on the militia of this
governor, evi- state, shall be deemed evidence of an invasion or insurrection, or an
dance of inva. invasion threatened or premeditated, and thereupon, it shall be law-
9 on' ful for the proper officer to enrol such persons as are exempted from
militia duty by this act, except in such cases.
Term of service. Sec. 47. The militia of this state, when called out in the service of
the United States, shall not be bound to serve longer than six months
from the time of their arrival at the place of rendezvous.
Rank of officers Sec. 48. All commissioned officers shall rank according to their
' grades and the dates of their commissions, and when two or more offi-
cers of like rank shall have been commissioned on the same day,
their rank in the brigade or regiment shall be determined by lot to be
drawn before their commanding officer.
Militia to serve gECt 49, ln case 0f actual invasion or invasion premeditated or
Btovf6 of inva* threatened against this state or any part thereof, it shall and may be
lawful for the governor, or any officer by him directed, to order into
actual service, all or such parts of the militia of this state as he shall
deem expedient, and to discharge such troops as soon as he may
judge it consistent with the safety of the state: Provided, the requi-
sitions shall be made in the different divisions, brigades, regiments
and companies, in proportion to their numbers who have not per-
formed a tour of duty.
Duties of ad- Sec. 50, The adjutant general shall keep his office at the seat of
jutant general, government; he shall keep a fair record of all orders and communi-
cations he shall receive from the commander-in chief of this state,
and obey all orders from him relative to the duties of his office; he
shall receive annual returns from the assistant adjutant general,
from which he shall make out a general return of the whole strength
of the militia of this state, which he shall lay before the commander-
in-chief of the state, on or before the fifteenth of October in each
year; a duplicate of which return he shall, without delay, forward to
the Secretary of War of the United States.
Duties of quar- Sec. 51. The quarter master general shall keep his office at the
tennaster gene- seat of government, or at such other place as the governor may di-
rect; he shall keep a record of all orders and communications he shall,
from time to time, receive from the commander-in-chief of the state,
and obey all orders relative to the duties of his office; he shall collect
and keep safely all arms and military stores belonging to the state,
which shall be subject to the orders of the governor; he shall furnish
blank printed forms to division quarter masters and others while in
service, which when made out, shall show the quantity of arms,equi-
page, &c.
Fines for not Sec. 52. Every non-commissioned officer, musician or private, who
serving when shall neglect or refuse to appear by himself or substitute, at such
called upon duty time and place as shall be appointed by his commanding officer, or
appear and not armed as by this act directed, such person, on convic-
tion, shall forfeit and pay a sum not less than one hundred dollars;
which sum shall be adjudged against him by a court martial, and
Militia*
479
with a good musket, smooth-bore or rifle, cartouch box or pouch and How armed $
horn, and shall hold company muster four times in each year, the one jj,™68 of mU8ter"
on the Saturday preceding the regimental muster, and the other on
the Saturday preceding the battalion muster, at such place as a ma-
jority of the officers may direct, and shall attend the regimental and
battalion musters to which they belong: Provided, that the rifle and
light infantry companies shall not be compelled to attend the same
battalion and shall be subject at all times, to the commanding officers
as other regiment or battalion.
Sec. 61. It shall be lawful for a volunteer company of riflemen to nifle compan
be raised in each regiment when it has not been done under the same
rules and after the same manner, and to be under the same restric-
tions of light infantry. The commissioned officers to be armed as
other officers of the same grade, the non-commissioned officers and
privates with good rifles, pouches and horns, and shall muster as di-
rected for light infantry.
Sec. 62. It shall not be lawful for any officer of the light infantry Companies not
or rifle companies, to enrol any person who has been enrolled by any ^lawful
militia officer, unless such person shall produce a certificate from the number,
commandant of the company to which he belonged, certifying that
his company will not be reduced below its lawful number by such
enrolment, and it shall be the duty of such person applying for such
certificate, to perform duty in the company to which he did belong,
until he shall produce the certificate of the captain that he may wish
to join, that his company is organized, and he is equipped according
to law.
Sec. 63 The companies of light infantry and riflemen herein di- Numbered by
rested to be raised, shall be distinguished by the number of the regi- ^detafieTfor
ment. to which they belong, and where details are made on the militia duty by compa-
of this state, they shall be ordered into service by certain companies, nies.
which shall be determined by lot, drawn by the adjutant general in
presence of the governor.
Sec. 64. No person shall be permitted to withdraw from a company of Not to withdraw
light infantry or riflemen in five years, without the consent of the
commandant, or unless he shall move out of the regiment to which
said company belongs.
Sec. 65. The uniform of the general field and staff officers of the Uniform of offi •
militia of this state shall be the same as that of officers of the same cer8,
grade in the United States'army; captains and subaltern officers
may wear deep blue domestic, and at the option of the subaltern offi-
cers, to wear epaulettes.
Sec. 66. The uniform of light infantry and riflemen shall be as Uniform of vol-
follows: For light infantry, long blue hunting shirts, blue pantaloons, "1netgeer comP8-
round black hat and red plumes; and for riflemen, long black hunting
shirts, black pantaloons, hats as infantry, and white plumes; but in
all cases where a company may choose a different uniform, and uni-
form themselves complete, it shall be lawful for said company to wear
its own uniform on all parades.
Sec. 67. All commissions for militia officers, shall issue in the Commissions,
form heretofore in use in this state.
Sec. 68. All fines and forfeitures imposed on any person by the Fines—where
provisions of this act, shall be collected and paid over in the following paid"
manner; to-wit, that fines on major generals, staff and field officers,
shall be paid into the public treasury; on regimental staff, company
480
militia.
officers, non-comm ssioned officers, musicians and privates, into the
hands of the judge a Ivocate of the regiment to which they belong.
Sec. 09. All executions for fines, provided for by this act, shall be
lecUng'fines^01 issued by the judge advocate of the court, and which fines when col-
lected, if to be paid into the public treasury, the execution shall be
directed to the sheriff of the county where the delinquent resides,
and the said sheriff shall collect the same within sixty days and pay
the same over to the clerk of the circuit court, who shall account for
the same as other public moneys; and all executions for fines to be ap-
propriated to the use of the regiment, shall be placed by the judge
advocate in the hands of a constable within the bounds of the bat-
talion where said delinquent resides, and the said constable shall col-
lect and make return thereof, within sixty days after the receipt of
such executions; and sheriffs or constables shall be entitled to the
same fees that they would be entitled to in civil cases: and for such
execution, the judge advocate shall be entitled to twelve and one
half cents; but no officer shall be entitled to cost except collected of
the defendant, and if the constable or sheriff so collecting shall fail or
refuse to pay the money as by this act directed, it shall be the duty of
the judge advocate, by motion, in the next circuit court of the county
where such delinquency shall happen, to take a judgment against
such delinquent officer for the principal so collected, together with
twelve and a half per cent, interest: Provided, that said delinquent
shall have ten days' notice, in writing, from the judge advocate, of
his intention to make such motion.
Governor to Sec. 70. When any new regiment may hereafter be established,
number regim'is or has heretofore been established under the laws of this state and
not numbered by law, it shall be the duty of the governor to attach
ch' the proper numeral number thereto, and the commanding officer to
' ' ' designate the day for regimental muster, by a regimental order.
Volunteer com. Sec. 71. All volunteer companies in complete uniform, are here-
panies to make by authorized to pass by-laws for the government of their respective
by.iaws, etc. companies, and to appoint the number required by law and to collect
fines under thier own by-laws, and apply such fines to the use of their
own companies: Provided, that nothing in this section shall be so
See 1835, ch. construed as to release said companies from performing any of the
21, sec. 22. duties required by the regiment to which they belong, and all fines
for a neglect of such duty shall be applied as the fines on other militia.
Troops of ca. Sec. 72. There shall be one company of cavalry in each regiment,
vairy to be rais- together with those volunteer companies which are established by
cd* law in this state, to be raised by volunteer enrolments, and shall con-
sist of one captain, one first lieutenant, and one second lieutenant,
one cornet, three sergeants, three corporals, one trumpeter, and not
less than thirty, nor more than sixty privates, and the cavalry of each
brigade shall constitute one regiment, and be commanded by a colonel
commandant, and one lieutenant colonel, and one first and second ma-
jor, who shall be elected by the commissioned officers of their regi-
ment, and the regimental courts martial of said cavalry shall be con-
21^860^23' by ducted under the same rules, regulations and restrictions as in infantry
which a part of courts martial of like grade, and each company of cavalry shall on
this section is two several days annually hold two company musters at the court
superseded.) house of their county or such other place as the officers may
agree on, which said company musters shall be held 011 the last
Saturday in March and September, and shall hold courts martial on
delinquents in the same manner as is directed for holding company
MILITIA.
481
courts martial of infantry; and it shall further be the duty of each
company of cavalry to attend the infantry regimental musters of their
county, and when at said musters shall be under the direction and
command of the commanding officers of the regiment.
Sec. 73. Every officer and private belonging to each troop of cav- How equipped,
airy, shall appear, when on parade, with a strong serviceable horse,
at least fourteen and a half hands high, with a good saddle, bridle, hoi-
sters, and one pistol at least, and horseman's sword, cap, a pair of
shoe-boots and spurs, cartouch box and cartridges in good order, and
dressed in the uniform of the regiment to which he belongs.
Sec. 74. The captains or commanding officer of a company of ca- Company re-
valry, shall make out a fair statement of the strength and condition oftttrn*
his company, and return the same to the commanding officer of the
regiment on or before the first day of May, annually, who shall make
out a fair statement of the strength and condition of his regiment, and
return the same to the brigadier general or brigade-major of his bri-
gade, on or before the first day of June annually.
Sec. 75. Each officer required to make return by virtue of this act, Penalty for ne-
and refusing or neglecting to make return as herein before directed, making
shall be fined, if a colonel or commanding officer of a regiment, in a
sum not less than fifteen, and not more than fifty dollars; if a captain
or commanding officer of a company, in a sum not exceeding twenty
dollars, nor less than ten, which fines shall be assessed on the delin-
quents at the discretion of a brigade or regimental court martial.
Sec. 76. All fides imposed by this act when collected shall be ap- Fines—how
plied by the commanding officer of the regiment to the use of the regi- apPlled-
ment to which said delinquents belong.
Sec. 77. It shall not be lawful for the captain of any company of Not to be en-
cavalry hereafter to receive or enrol any private in his company, certmcate^and
without such private first appearing before equipped as the law di- uniform,
rects, and on said private appearing equipped as aforesaid, such cap-
tain shall give him a certificate to the captain of the company of in-
fantry to which he belonged, and on his producing such certificate,
the captain of the infantry shall immediately strike him off his roll.
Sec. 78. It shall and may be lawful for each and every regiment Choice of uni.
of cavalry in this state to choose the quality of their uniform for their orm*
officers and privates, and they shall be authorized to use domestic
manufactures for the same: Provided, that the coats and pantaloons
of each officer and private of each regiment shall be of a deep blue
color; and Provided,further, that this act shall not affect any persons
who have heretofore equipped themselves.
Sec. 79. Each officer of cavalry shall be commissioned by Ihe gover- How commie-
nor of this state under the same rules and after the same manner as 8wned'
officers of the infantry of like grade.
Sec. 80. It shall be the duty of each officer and private of any Penalty for
company of cavalry to attend company muster, and in failure thereof, attending mu«-
if a commissioned officer, he shall forfeit and p§iy a sum not exceed- ers*
ing twenty, nor less than five dollars; and each non-commissioned
officer or private, shall forfeit and pay a sum not exceeding five dol-
lars nor less than one; to be recovered against such officer or officers
at the first regimental court martial, and against non-commissioned
officers and privates, at the first company court martial immediately
after such delinquency shall so happen: Provided, such delinquent
commissioned officers shall have till their next regimental court mar-
62
482
militia.
tial, and non-commissioned officers and privates till their next com-
pany court martial after such fine shall have been assessed, to make
their excuse for such delinquency so happening, and in case they
fail so to do, the court martial shall then and in that case, proceed to
confirm and make absolute said fine or fines: Provided, that no execu-
tion shall issue for a fine assessed within twelve months after said fine.
time Sec. 81. All commissioned officers of cavalry hereafter to be
cavalry o cers. e]ecte(^ shall have three months from and after such officer or officers
shall be elected, to equip themselves.
Time of regi- Sec. 82. Each regiment of cavalry in this State shall hold one re-
chang'd by 183" gimental muster on the first Thursday in October, annually, except
cb. 21, sec. 23. the second regiment, which second regiment shall hold its regimen-
tal muster on the third Thursday in October, annually, at such pla-
ces as the commissioned officers of the regiment or a majority of
them may select, at which time and place it shall be the duty of each
officer and private of said regiment to attend the regimental muster
of said regiment; that the commissioned officers of each regiment
shall, on the day succeeding said regimental muster, hold a court mar-
tial for the trial of all delinquents, both officers and privates. If any
P snaky for not field officer fail to attend said regimental muster, armed and equipped
a t#n ng. ag jjrecte(j fiy tfijs act? without a reasonable excuse, they shall each
be fined in a sum not exceeding fifty dollars, nor less than twenty
dollars; if a captain or subaltern officer, he shall be fined in a sum
not exceeding twenty nor Jess than ten dollars; if a non-commis-
sioned officer or private, in a sum not exceeding ten nor less than
two dollars.
Withdrawals Sec. 83. No private in any company of cavalry shall be permitted
rom company, wjtj1(jraw himself from said company under five years, without the
assent of his regimental court martial, and if any private is permit-
ted to withdraw himself from any company as by this act directed,
the captain of the company of cavalry shall notify the captain of the
infantry in whose bounds such private may reside, of the proceedings
of said court martial, and that said private has been permitted to
withdraw himself from the company of cavalry, and it shall be the
duty of the captain of the infantry in whose bounds such private
may reside, on receiving such information, immediately to enroll him
on his company roster, the first man on the first class destined for ac-
tual service.
Called out by Sec. 84. When'any of the cavalry of this State shall be called on
companies, for actual service, they shall be called out by companies and be com-
manded by their own company officers.
Considered as Sec. 85. When it may be conceived that the public good eminent-
mount'd gunm'n jy reqUires it, the Governor is hereby authorized to call out such
parts of the cavalry of this State as he may think proper, and when
so called out, they shall be considered ruled and regulated as mounted
gunmen, for the time he may so order them.*
Troops of cavai- Stc. 86. It shall be the duty of the field officers of the cavalry of
ry, how raised, each regiment, when they may deem it necessary, to appoint suita-
ble persons in each regiment of infantry, within the bounds of their
regiment of cavalry, to raise a troop of cavalry where there is no
troop, and it shall be the duty of the brigadier general, where there
are no field officers, to issue writs of election in the same manner
and under the same rules regulating field officers of infantry.
militia.
483
Sec. 87. It shall be the duty of the brigadier general, where dIe®uteyn^ab,rlga"
there are no field officers, to appoint persons to raise such companies er genera'
of cavalry as field officers are authorized by this act.
Sec. 88. The judge advocate of each regiment of cavalry in this Executionsfor
State, when it shall so happen that execution may issue against any neB' ow
delinquent officer or private, that he is hereby authorized to issue
said execution or executions to the sheriff of the county where such
delinquency shall so happen, and that the sheriff receiving such ex-
ecution shall account for such moneys, if collected, and if not col-
lected, show the reason why it was not collected, within the same
time as specified for infantry, and under the same penalties hereto-
fore in such cases provided by law, any law to the contrary notwith-
standing.
Sec. 89. It shall be the duty of the brigade inspector of each bri- Duties of brig
gade, to distribute all orders from the brigadier general or commanding ade tnsp€ctor'
officer of his brigade, to the several commanding officers of regi-
ments in his brigade; to keep an orderly book and record all orders
by him received; the proceedings of all brigade courts martial and
all other official communications which he or the commanding officer
of his brigade may receive. He shall also keep a record, of all ap-
pointments and resignations in his brigade; he shall keep a roster
of the field and staff officers in his brigade, with the dates of their
appointments, from which all details for duty shall be made, and
shall note the services performed by each officer, and shall perform
all other duties which by law or custom appertain to his office.
Sec. 90. It shall be the duty of adjutants of regiments to distrib- Duty of adju-
ute all orders from the commanding officer of his regiment; to at- tanta"
tend the commanding officer of his regiment when on military duty,
and to sec that all his orders are promptly executed; and to keep an
orderly book, in which all orders and other official communications
which may be received by him from the commanding officer of his
regiment, and all orders which may be received by his commanding
officer; he shall keep a roster of the officers of his regiment with the
dates of their commissions, from which all details for duty shall be
made, and note the services performed by each officer; he shall do
and perform all other duties which appertain to his office of regimen-
tal adjutant.
Sec. 91. It shall be the duty of adjutants of regiments, at their
several parades, to call the roll of officers, whose duty is to attend
each parade, and note all delinquents, and make report thereof to the
next court martial having cognizance of the same, which report
shall be read in evidence against such delinquents, and it is hereby
made the duty of company officers to attend their annual regimental
and battalion courts * martial, and the commanding officer of each
company shall report to such court the condition of his company at
the preceding regimental or battalion parade, as the case may be.
Sec. 92. The master of an indented servant or apprentice, shall
not hereafter be bound to furnish said apprentice with arms, with
which to muster and perform militia duty.
Sec. 93. The Governor is authorized to distribute to such uni-
form volunteer companies as shall be entitled to the same, and in or-
der to entitle any company to the use of a portion of said arms, it shall
be necessary for the commandant of the regiment to certify that such
company consists of not less than forty rank and file, and that it is a
Commandants
to report delin>
quents.
Apprentices
arms,
Public arms,
how drawn for
the use of com-
panies.
484
MILITIA#
uniform volunteer company, and that every member of the same is
in complete uniform. It shall then be lawful for the Governor to is-
sue his order to the quarter master general, directing him to deliver
to the captain of said company, a number of arms equal to the whole
number of non-commissioned officers and privates, the said captain
first giving bond and sufficient security, to be approved by the Gov-
ernor, and payable to him and his successors in office, that the arms
thus delivered, shall be kept in a soldier-like manner, and free from
injury, and that they will be delivered whenever called on for the
use of the State, which bond shall be renewed by each succeeding
captain, within two months from the day of his election, or on fail-
ure, the Governor shall forthwith cause the arms to be delivered to
the quarter master.
Delinquents Sec. 94. The delinquents, instead of being compelled to attend
may make affi- courts martial in person, for the purpose of procuring the remission
davits for court 0f fines, may make their affidavit before some justice of the peace,
martial. setting forth the reasons of such delinquency, which affidavit may be
produced to the court martial, by the commandant of the company in
which such delinquency may happen, and shall be received by such
court martial as legal evidence of the facts therein contained,
commandants Sec. 95. The commanding officers of the different regiments of
of regiments to militia in this State, shall certify to the clerk of the county court of
certify to clerks. p]eas an(j quarter sessions in their several counties, the number of
the different captains' companies in the bounds of their regiments, at
least fifteen days before the commencement of each session of the
Legislature.
Powers of Cav Sec. 96. The cavalry court martial shall have the same power,
airy courts mar- and exercise the same discretion in imposing fines on the delinquents
tla1, for the want of equipage when on duty, that the infantry court mar-
tial now has bylaw.
Judge advocate ®EC' c^er^s °f the circuit courts in this State shall, once
how to make set. a year, call on the judge advocates in his county, and ascertain from
tiement, an examination of their docket book, what amount of fines has been
collected, and if the judge advocate should fail or refuse to pay over
what he may have collected, the said clerk may take judgment
against him by motion, either before a justice of the peace or the
circuit court, for which services said clerk shall retain five per cent,
on all moneys by him so collected.
Execut'n, when Sec. 98. When any court martial in this State shall assess a fine
to issue by judge against a delinquent officex-, musician or private, the judge ad-
advocate. vocate shall not issue his execution against the same until the expi-
ration of twenty days after the rise of said court martial.
Limits of fines Sec. 99. It shall not be lawful for any court martial to impose a
impo'dby courts fine of more than one dollar nor less than fifty cents, on any non-com-
commission'd of- missioned officer, or private, for their non-attendance on any regi-
ficers 8( privates mental or battalion muster.
Sec. 100. It shall not be lawful for any court martial to impose a
On commiss'd fine 0f more than three dollars nor less than one, on any captain or
ficer»!lb8ltern ° subaltern officer for their non-attendance on drill, regimental or bat-
talion musters.
Proportion 0f ®EC* There shall be deposited at Knoxville, under the care
public arms to of the assistant quarter master general of the first division of Ten-
be deposited at nessee militia, a proportion of the public arms of the State equalto
noxvi e. proportion which the strength of the first division bears to the
MILITIA.
485
whole military strength of the State of Tennessee, subject to the
provisions hereinafter contained.
Sec. 102. Whenever an order shall be issued by the Governor of D ofthe
the State to the quarter master general, directing him to deliver to quarter ma»ter
the captain of any volunteer company in said division, any portion general,
of the public arms, it shall be the duty of the quarter master general
to issue an order to the assistant quarter master general, to whose
care such arms shall have been committed, directing him to deliver
to the captain of such volunteer company, a number of the public
arms equal to the whole number of non-commissioned officers and
privates in such company: Provided, that nothing in this act con-
tained shall authorize the distribution of the public arms, without
bond and security being first given in the same manner as is now re-
quired by law.
Sec. 103. There shall be deposited at Jackson, in the Western a proportion to
district, a proportion of the public arms of this State for the use of j}®c£go°sl:ed ot
the fourth division, under the same rules, regulations and restrictions
as provided in the two foregoing sections, in relation to the public
arms to be deposited at Knoxville.
Sec. 104. It shall be the duty of the Governor to carry the pro- Duty ofthe Go-
visions of this act into effect, and he is hereby authorized to issue a vemor.
draft or drafts upon either of the treasurers, for the amount of the
expenses incurred in the removal of the arms herein provided to be
removed to the places of deposit in the 101st and 103rd sections of this
act.
Sec. 105. Where any officer, non-commissioned officer, musician Absentees from
or private, shall fail to attend any regimental drill, regimental, bat- mus'r, when not
talion or company muster, and it shall be made to appear to the sat- t0 be noted°
isfaction of said commandant of such drill muster, regimental, bat-
talion or company muster, as the case may be, on the day of said
muster, that the absentees are prevented from attending by indispo-
sition of himself or family, or on account of his necessary absence
out of the county, then, or in either such case of such absence, it
shall not be the duty of said commandant to report them as absen-
tees, and require their attendance at court martial to render their
excuse.
Sec. 106. When any person contests a military election, either costs of conteat-
upon the ground of illegality of proceedings by the judges, clerks or ed election,
returning officer holding said election—or upon the ground of ille-
gnlity of votes, and shall fail in said contest, it shall be the duty of
the court martial, before whom the validity of said election was con-
tested, to render up judgment against the person so contesting said
election as aforesaid, for the costs accruing on said trial.
Sec. 107. If the party contesting said election should succeed, where the regi-
and the same should be declared void on account of illegality of pro- ment is to pay
ceedings, or the result of the election should be changed on account the c09t,•
of the illegality of votes, that then the said court shall have power to
tax the regiment with the costs accruing on said trial, to be paid by the
judge advocate out of any moneys in his hands belonging to said regi-
ment, or said brigade as the case may be, not otherwise appropriated.
Sec. 108. The judge advocate of the said court martial, shall have jujge Advocate
power, and he is hereby required upon the application of the prose- to taue
cutor of the person contesting said election, to issue a subpoena or
486
MILLS AND MILLERS.
subpoenas for witnesses, and shall receive six and one fourth cents
for each subpoena he may issue.
Sec. 109. The provost martial shall be, and he is hereby required
to execute said subpoenas, and shall receive as a compensation therefor,
twenty-five cents for each person upon whom he executed the same.
Sec. 110. It shall be the duty of each witness summoned as afore-
said, to attend and give evidence before said court martial, under the
penalty of fifty dollars, and for each day's attendance shall receive
fifty cents.
Sec. 111. If any witness shall fail to attend said trial, agreeably
to the requisitions of the subpoena—then the said witness shall
forfeit one hundred dollars, to the use of the regimentor brigade, as
the case may be—and the said court martial shall have power to en-
ler a conditional judgment for the same; but before any execution
shall issue upon said judgment, the judge advocate shall issue a scire
facias within five days after the rendition of said judgment, which
shall be served by the provost martial on said witness ten days before
the return thereof, to show cause before said court why he was ab-
sent, and if his excuse be deemed sufficient to justify said absence,
then said judgment shall be set aside, otherwise the same shall be
made final and execution shall issue, directed to said provost martial,
under the same rules, regulations and restrictions as in other cases.
Note. For forms, See Appendix, Militia.
Provost Mar-
tial to execute
subpcenas.
Duty of witness-
es, their pay.
Penalty for fail-
ingto attend.
MILLS AND MILLERS.
17 7 7 .—Chapter 33.
Section 1. Every water gristmill, which shall hereafter be built,
Fublic mills, that shall at any time grind for toll, shall be held and deemed, and is
hereby declared to be a public mill.
Sec. 2. Any person willing to build such mill, who hath land only
Owner of land on one side of a run, shall exhibit his petition to the county court,
on one side may and therein show who is the proprietor on the other side of the run,
petition county whereupon, a summon shall issue to such proprietor to appear
eourt to con- , r 3 n • t.
demn one acre at the next court and answer the allegations in such petition,
on the other an(j the court also at the same time shall order four honest freeholders
side of stream. to jay vjeW) an(j vaiue on oath, an acre of the land of such pro-
prietor and also an acre of land of the petitioner opposite thereto, and
toreport their oj inion and proceedings thereon to the next court, and
thereupon the court shall order said report to be recorded, and il it
take not away houses, orchards, gardens, or other immediate conve-
niences, shall and may, and are hereby empowered and authorized,
to grant leave to the petitioner or such proprietor to erect such mill
a,t the place proposed as in their discretion shall seem reasonable,
MILLS AND MILLERS,
487
and to order the costs of such petition to be paid by the person to Proceeding#,
whom such leave shall be granted, (a)
Sec. 3. The pei-son to whom such leave is granted shall pay down „,To pay lown
i 1*1 • price of one
in court tor the acre of land he shall obtain thereby the valuation acre, and title
money, and procure a record thereof which shall be a good and effec- then g°°d*
tual seizin in law to create to such person, his Sieirs and assigns, a fee
simple in such acre of land.
Sec. 4. When any grist mill has been heretofore erected by order a tjna"^
of court it shall not be lawful for any court on the petition of any miie# of another
person whatever to grant any part of the tract wheron such mill on same tract,
stands for the purpose of building another mill within two miles
above or below the mill already erected.
Sec. % It shall not be lawful for any court to grant leave to any fl0w0Vher°miii
person to erect a mill so as to overflow any other mill or create a or create nui.
nuisance to the neighborhood. sance.
Sec. 6. The person so being seized shall within one year begin to *
build a water mill, and finish the same within three years, and shall years, or land ro-
thereafter keep up the same for the use and ease of all such as may vert-
be customers to it, otherwise the said land shall return to the person re^|r*'e kept !n
from whom it was taken, or to such other person, as shall have his
right, unless the time for finishing the same, for reasons shown to and
approved by the court be enlarged. Exception.
Sec. 7. If any water mill belonging to any persons within the age minor# c. to
c . , J j* « .«• • • j have time to re-
ot twenty one years, feme covert, non compos mentis or imprisoned, pair &6
be let fall, burnt or otherwise destroyed, then such person or per-
sons, and their heir or heirs, shall have three years, to rebuild and
repair such mill, after his or their full age, discoverture, coming of
age sound mind or enlargement out of prison.
Sec. 8. If any person shall think himself aggrieved by the order or appeal a,,owed-
determination of the county court, he may appeal therefrom to the
next circuit court of the county in which the said land doth lie, giving
bond and security as usual, which court shall and is hereby authorized
and empowered to take cognizance of the same, and to confirm such
order, or reverse the same and to give such judgment therein as the'
county court ought to have rendered. To rind in
Sec. 10. All millers shall grind according to turn, and shall well turn, ° and the
and sufficiently grind the grain brought to their mills, if water will rate of toil,
permit, and shall take no more toll than one eighth of the corn and
wheat, and one fourteenth for chopping the grain of any kind; and
every miller or keeper of a mill making default herein viz. not grind-
ing according to turn, nor well and sufficiently grinding the grain,
if water will permit, as aforesaid, or exactii >g or taking more toll
than herein set down, and allowed, shall for every such offence for-
feit and pay the sum of three dollars to the party injured to be re- Pena,ty $3'
covered.before any justice of the county wherein such offence is
committed with costs. Provided nevertheless that it shall be in the owngrain'when
power of any such owner to grind or cause to be ground, his own he please#,
grain, at any time he thinks fit.
(a) This act is not unconstitutional. 3 Yerg. 41.
2. It does not authorize the condemnation of land for the erection of a grist mill, saw mill and paper
mill, jointly ,• it only extends to the condemnation of land for grist mills Same.
3. In a proceeding under this act, no interest or right to the use of the land can be inquired into, except
such as the act itself gives; and the person wishing to set up a right by agreement or contract, must resort
to the ordinary tribunals of the country. Same,
488
Mills and millers*
SeC. 11* All millers shall keep in their mills, the following men-
sures, viz* a half bushel, and peck at full measure, and also proper
toll dishes for each measure, and every owner by himself, servant or
slave, keeping any mill, and shall be lawfully convicted of keeping
false toll dishes, contrary to the intent and meaning of this act, shall
forfeit and pay the party injured twelve dollars and fifty cents, to be
recovered before any justice of the county aforesaid, and in case
such miller is a free person, and keeps such mill for a share for him,
and is guilty of any of the above offences, it shall be lawful for the
owner to stop so much of his share, or hire, as will be sufficient to
reimburse himselffor such fine or fines as he shall become answerable
for, with all the charges that shall become due thereon.
1811.—Chapter 91.
Section 1. In all suits brought for the recovery of damages occa-
No more costs sioned by the overflowing of water from the erection and keeping up
wtauTsuifs!8 in a £"st or other water works of utility, the plaintiff or plaintiffs,
' " shall in no instance recover of the defendant or defendants a greater
sum in costs than may be assessed by the jury in damages.
Sec. 2. It shall be the duty of the court before whom any such suit
bo Jiven™ ccord° may tried to pronounce judgment against the defendant for as
ing8toethe above much costs as there may be damages assessed, and at the same time
provision, to pronounce judgment against the plaintiff for the residue of the
said costs.
18 1 9.—Chapter 23.
Millersexemp- Section 1. Every person who may be the keeper of any grist
ted from juries, mill, shall be exempted from attending on musters or serving as ju-
roads and mus. rors or working on public roads, provided, that nothing herein con-
ters' tained shall be so construed as to exempt any keeper or keepers of
any grist mill or mills from performing military duty when a requi-
sition is made by the constituted authorities of the State of Tennes-
see or of the United States.
181 9.—Chapter 61.
Size and de- Section 1. All flour barrels made for the purpose of exportation,
ecriptionof flour shall be composed of good seasoned materials, and tightened with ten
barrel. hoops sufficiently nailed with three nails in each chine hoop, and two
in each upper bilge hoop. Each barrel shall contain one hundred
andninety-sixpounds of flour, the length of the stave shall be twen-
ty-eight inches, and the diameter at each head of the barrel, shall be
eighteen inches.
Sec. 2. Every miller or bolter of flour where the flour is madeor in-
Mtnerato use tended for exportation as aforesaid, shall provide and use distinguish-
brandmarks. ° brand marks and shall before the flour is removed, impress on
the head of each barrel, the name of the miller or bolter by whom
the same may have been manufactured. He shall also on the same
head mark the quality of flour contained in each particular barrel,
by branding thereon at full length the words 'superfine,1 'fine1 or
'middling,1 as the case may be.
I'd keep cer-
tain measures.
Penalty for
keeping false toll
dishes, $12 50*
MILLS AND MILLERS.
489
Sec. 3. If any person or persons shall export any flour as aforesaid, Forfeiture,
without distinguishing with a brand the name of the miller or bolter
by whom the same was manufactured, together with the proper qual-
ity of the flour so exported; or shall mix the flour with corn meal or
any other ingredient whereby its "value shall be impaired; or shall
neglect any of the provisions required in the first section of this act,
such person or persons for every such offence or neglect, shall for-
feit and pay the sum of ten dollars for each barrel, to the use of him
who will sue for the same. And if any person or persons whatso-
ever, shall impress or brand thejnark 'superfine,' 'fine' pr 'middling,'
or the semblance thereof, upon any barrel or cask of flour, after the
same has been removed from the mill or place where it was manu-
factured or bolted, or shall at any time or place impress or brand on
any barrel or cask of flour the name of any other person than the
proper name of the miller or bolter by whom the same was prepared
or bolted, such person or persons shall for every such offence, be lia-
ble to indictment in any of the circuit courts of this State, and shall
upon conviction, be imprisoned at the discretion of the court, not
less than three, nor more than twenty days, and shall moreover be
fined in the sum of fifty dollars, one half to the use of him who will
sue for the same, the other half to the use of the state.
Sec. 4. The forfeiture of ten dollars mentioned in the preceding befrgcoy^ed8be°-
section, shall be recoverable by warrant before any single justice of fore justice of
the peace in this state. the peace.j
1821.—Chapter 4.
To amend 1819 chap. 61.
Section 1. So much of the first section of the before recited what shall be
act, as directs the length of the stave of flour barrels to be twenty- the site "of the
eight inches, and the diameter at each head to be eighteen inches, 'flour barrel. )
be and1 the same is hereby repealed; and in future the staves of
such barrels shall be twenty-seven inches long, and each head se-
venteen inches in diameter.
1829, Ch. 76. (Those who build mills in West Tennessee to
clear away all timber from the ponds. See Misdemeanors.)
1 8 33.—Chapter 25.
Section 1. If any person or persons may wish to build a mill May enter ra.
on any of the waters in the counties of Hickman, Lawrence, Wayne, -cant iaM for miu
Hardin andM'Nairy, or in any other county lying west of the Ten-1'" W. Ten:, etc.
nessee river, provided no nuisance may be created by said mill, on
any of the vacant land in said counties, they are entitled to have lo-
catedand laid down on the general plan of any of the surveyor's di,s-
tricts south and west of the congressional reservation line, and west
of the Tennessee river, any quantity of acres not exceeding twen-
ty-five, and shall be entitled to the same benefits as other occupants
of said counties: Provided, the same does not interfere with qny Provisos,
other resident occupant, and provided that the person or persons
erect a mill in two years from the time the same is put on the gen-
63
490
MISDEMEANORS.
eral plan of either of said districts, and provided also, that said entry
or entries is not made south of Winchester's line, and provided also,
that said land is not fit for cultivation.
Authority for Sec. 2. The location and survey, with the oath of the person
Surveyor. wishing to enter the same, taken before some justice of the peace in
the county where the entry is intended to be made, shall be sufficient
authority for either of the surveyors to lay the same down on the
general plan of their districts.
1835, Ch. 21, 5 1. (Millers exempted from militia duty. See
Militia.)
MISDEMEANORS.
1741 Ch. 17,} 8. (Keeping false weights or measures subject to
fine. See Weights and Measures.)
1784 Ch. 33,} 3, (Sending slaves to fire hunt indictable, See
Fire Hunting.)
17 99.—Chapter 17.
Penalty for Section 1, If any person shall by force or violence break up any
lecUoni^^com* e^ecti°n> by assaulting the ^officers thereof, depriving them of the
mitting other ballot box, or using other forcible or violent means to prevent an
outrages thereat election from being fairly and legally conducted, such person or per-
sons, his or their aiders and abettors, shall be adjudged guilty of a
misdemeanor, and upon conviction, shall suffer three months con-
finement in jail, there to remain without bail or mainprize, and un-
til he pays such fine as the court before whom such conviction is made
shall judge proper; provided it shall not exceed fifty dollars, and all
costs and charges.
1 8 0 3.—Chapter 9.
f«iwesnll&c fl8or Section 1. If any person shall willfully or maliciously burn or
throwing down cause to be burned any stacks of flax or any fences, boards, timber or
fences, any other lumber, or throw down any fences, such person shall on
Fined not ex- conviction thereof be fined not exceeding five hundred dollars and
taprSnfd00nbt imprisoned not exceeding one year.
exc'ding one y'r. Sec. 2. If any person shall cut' out the tongue, cut off an ear or tail,
Killing or or put out an eye of any beast, and otherwise dismember or disfigure
wounding stock, such beast, maliciously or of purpoi-e, or shall willfully or maliciously
kill or destroy or wound the beast of another, such person shall be
fined not exceeding two hundred dollars and be imprisoned not ex-
misdemeanors.
431
ceeding three months, and shall moreover pay to the owner of such
beast damages to be recovered by an action of trespass, (a)
Sec. 3. Every person who shall willfully and maliciously dig up, Destroying fruit
cut down or otherwise destroy any fruit trees, or corn growing in any *roere^ orgrowing
field, garden or orchard shall on conviction thereof be fined, not ex- Fine $100 im-
ceeding one hundred dollars, and imprisoned not exceeding three prfeon'eat three
months and shall moreover pay to the party aggrieved damages to "images
be recovered by an action of trespass. Prosecutions
Sec. 4. All prosecutions for offences against this act shall be by ind,ct"
indictment.
T 1803 Ch. 12, $ 2, (Gaming indictable. ' See Gaming.)
1805 Ch. 31, $ 1, (Misdemeanor for Constable or Sheriff to bid or
purchase at their own sales. See Constables.)
1 8 07.—Chapter 73.
Section 12. Every person convicted of aiding or assisting any pris- er tobreakjaU11'
oner or prisoners in breaking the prison, in which such prisoner or 0 r
prisoners may be confined, either by giving to, or supplying such
prisoner or prisoners with any tool or utensil by which the said breach
may be effected, or in any wise contribute to such breach, such per-
son shall be fined by the court in a sum, not exceeding fifty dollars
and imprisoned not exceeding three months, notwithstanding the months,whether
aforesaid prisoner or prisoners may not have been tried, or on trial prisoner be guii.
shall have been acquitted. tyor not'
180 9.—Chapter 5.
Section 5. If any person or persons shall willfully and malicious- fo^conveyance
Iy injure or destroy any pipes erected for the purpose of conveying of water,
the water to any place in this State, or remove the earth so as to in-
jure the pipes, he, she, or they so offending shall be liable to indict-
ment for a misdemeanor in any of the courts in this State, and if a if a negro to
negro shall be liable to be whipped by order of a justice of the peace be whipped'
in any number not exceeding thirty nine lashes.
1813, Ch. 56. (Indictable to wontonly beat the slave of another.
See Slaves.)
1822, Ch. 19. $ 3. (Minister or justice indictable for marrying a
white to a colored person. See Marriages.)
\ 4. (Clerk indictable for issuing license in such a case. See Cleric
County Court.)
18 2 3.—Chapter 25.
Section 1. If any person offering himself as a candidate for any
(a) On an indictment for malicious mischief under the act of of 1803 ch. 9, it Is not necessary to prove
press malice. 1 Ten. 305.
2. The killing a horse is indictable at common law. Same.
3. An indictment founded on tfye act of 1803 ch. 9, is sufficiently descriptive of the property if laid to be
"one horse beast of the value &c', of the proper goods and chatties of " etc. Peck 66.
4. In an indictment under the act of 1803 ch. 9, if there be a mistake in laying the name of the owner it
w ill be fatal. Peck 89.
5. To constitute the offence of malicious mischief under the act of 1803 ch. 9. malice against the owner
and not against the animal is required. 3 Yerg. 278.
492
MISr&meanors.
Treating by office of honor, profit, or trust, in this state, or as candidate for Con-
offiee prohibited' gress* or fhe General Assembly, or electors to vote for President and
Vice President of the United States, shall, by himself or agent, be
guilty of treating the electors with spirituous liquors, directly or in-
directly, for the purpose of obtaining their votes thereby, such per-
Son, on conviction by presentment, as hereinafter mentioned, in the
Penalty. circuit court of the county in which the offence may be.commit-
ted, shall be fined in the sum of one hundred dollars, for the use of
the county in which the offence may be committed: And it shall be the
duty of the respective'Judges and Solicitors, to give this act in charge
to their respective grand jurors, whose duty it shall be to present all
such offenders, where two, or more, of their own body have a knowl-
edge of the fact, and not otherwise.
Betting on e- gECt g. Any person or persons, who shall hereafter make any bet
itedl°nS pr°1 or wager of money, ar any other valuable thing, upon any election or
elections, in this State, shall be guilty of a misdemeanor, and upon
conviction thereof, upon indictment or presentment, in the circuit
court of the county in which such offence shall have been committed,
shall pay a fine, for the use of the county, as in cases of betting on
any game or games of hazard, by the laws now in force and use.
1823, Ch. 62, § 1. (Indictable to pass change bills. See Change Bills.)
1825, Ch. 51, § 11, (County Trustees indictable for not reporting
to court. See Trustees.)
1826, Ch. 22, { 6, (Indictable to bring for sale a free person of col-
or from another State into this State. See Free Persons of Color.)
1 826.—Chapter 37.
To throw the Section 1. It shall not be lawful for any person to place or cause
dead body of any to be placed or thrown into any spring, well, or running stream of wat-
an™aI ^at0 er, the dead body of a horse, cow or any other animal; and any one
stream ofwateri 80 offending shall be subject to be indicted and presented by a grand
jury as guilty of an offence against the laws of this state and on con-
Fine not more vi°tion thereof shall be fined in the sum not exceeding fifty dollars to
than $50. be recovered before any jurisdiction having cognizance of such offence
together with all costs that may accrue thereon.
182 7.—Chapter 49.
Clerks, eoiici - Section 29. Any Clerk, Solicitor, Ranger or Trustee, failing to per-
Trustees Shid^ctd ^orm any tbe duties enjoined upon them by this act shall be deem-
able for neglect ed guilty of a misdemeanor in office for which he or they shall and
of duty required may be indicted in the circuit court and on conviction be fined at the
by this act. discretion of the court in addition to the other penalties of this act.
1 8 2 7.—Chapter 77.
To falsely pre- SeCtIon 2. If lany person shall pretencT to be the agent of any
tend to be agent school commissioner who is not, and shall in such pretended charac-
of school com- fer receive any rents from any person residing on school lands,
misdemeanors.
493
or any compensation by way of rent it shall be considered a misde- missioner and re
meanor and such person if convicted by indictment or presentment thaTpretence?*'
shall be fined by the court where tried at its discretion.
18 2 9 .—Chapter 28.
Section 1. No Attorney General, Clerk, Deputy Clerl^ Sheriff, Certain officers
Collector, Constable, Coroner, or county Trustee, shall purchase, fn^unt^ciaims
trade for or otherwise speculate in county claims, either directly or incoun y c a,m
indirectly by him, themselves, or his or their agent or agents; and if
any such officer above named shall in any wise violate the true intent
and meaning of this act, either by him, them, or his or their agents for
his or their use, such officer as above mentioned shall be liable to indict-
mentor presentment in the circuit court, and upon conviction shall between
be liable to a fine not exceeding fifty dollars nor less than ten dollars, ^lo^and6 $50."
and it is hereby made the duty of the judges to give this act in charge judges to give
to the grand jury. ' this act in ch'rge
Sec. 2. If any Clerk, Sheriff, Deputy Sheriff, Collector, Constable, To be remov-
Coroner or County Trustee shall be convicted under the provisions ea from office,
of this act it shall be deemed a misdemeanor in office, for which he
shall be removed by the court before whom said conviction may take
place.
1829, Ch. 37,} 23. (Misdemeanor in Ranger or Trustee to neglect
the duties required by this act. See Ranger and Strays.)
1829.—Chapter 74.
Section 4. Any merchant, tavern keeper, distiller or other To sell liquors
person who shall sell to any negro slave, any spirituous liquors, pe^mitln w'rf'ng
without a permit in writing from the master or mistress of such ne- indictable,
gro slave, shall be guilty of a misdemeanor, and shall be indictable
in the circuit court, and upon conviction shall be fined in a sum not
less than five nor more than fifty dollars
1 8 2 9.—Chapter 76.
Section 1. All persons who shall erect dams across any stream or persons erect-
water course west of the Tennessee river in this state, for the pur- ing dams, weBt
pose of propelling mills or factories of any description, shall within °.f the Tennessee
i j j .u • river, to remove
one year after erecting such dam, cut down and remove or otherwise timber,
destroy all timber subject to decay in consequence of being flooded
by the waters of such mill pond.
Sec. 2. If any person fail or refuse to comply with the provision of fai|Ufee.nalty °r
this act, they shall be deemed guilty of creating a public nuisance,
and on conviction thereof, shall be fined not less than one dollar nor
more than fifty dollars, and the court before whom the same is tried,
shall forthwith order the same to be abated as other public nuisan-
Sec. 3. The provisions of this act shall not extend to the counties pmy Excepted!
of Humphreys and Perry.
494
MISDEMEANORS.
18 31 .—Chapter 4*2.
indictable not Where any person or persons or body corporate is privileged by
to keep turnpike any act or acts to open and keep in repair any turnpike road, or to
repair.brldgC erec<; an<3 keep in repair any toll bridge in this state, and to erect
any toll gate for his, her, or their advantage, he, she, or they
being such owners thereof, who shall fail or refuse to put and
keep th(f same in repair as prescribed in the act or acts of incor-
poration, any person or persons so offending, shall be subject to pre-
sentment or indictment under the same rules and regulations as pre-
scribed against the owners of roads and ferries in this State, and on
conviction thereof before a jury of the country, shall be fined by the
court in a sum not less than twenty five dollars, nor more than fifty
dollars.
18 31.—Chapter 98.
Opening or Any sheriff or other officer conducting and holding an election,
readmg^tickets wj10 s}ian open the ticket or ballot of any voter at any election and
inflections? examine or read the same at the time he receives such vote or bal-
lot, and before he puts the same into the box, shall be guilty of a mis-
Fine not i ss c'emeanor *n °®ce, and upon conviction thereof shall be fined in a
than^25 and re? surn not ^ess than twenty five dollars, and if he be the acting sheriff
or constable shall be removed from office.
1831, Ch. 103, § 2 & 3. (Persons permitting their slaves to prac-
tice medicine, or allowing unlawful assemblages of slaves on their
land are guilty of a misdemeanor, See Slaves.)
18 3 2.—Chapter 33.
Section 1. So much of the law of 1829, Ch. 28, and Sec. 1, prohibit-
ing certain officers of the court from trading in county claims, shall
not be so construed as to make any person liable to the penalties
thereof, who may receive those.claims at their nominal value, any
law to the contrary notwithstanding.
Sec. 2. Said act of 1829, Ch. 28, Sec. 1. shall extend to state as
well as county claims.
1 8 3 3.—Chapter 3.
Section 1. No stage contractor or driver, or owner or captain of
sonsofcolor into any steam boat, or other water craft shall receive or carry from any
stage or steam piace in this state, to any other place either in or out of the state,
boat' any black or colored person, unless said colored person shall produce
the certificate of the clerk of the court of the county from which said
stage or steam boat is about to depart; which certificate shall be un-
der the seal of said court, stating the said clerk has known said col-
ored person, and that he or she is free or has generally been reputed
to be free, or that it has been proved to him by respectable witnesses,
known to him, whom he is hereby authorised to swear that said col-
ored person is free or generally reputed so; or if said colored person
be actually a slave a verbal or written authority from the owner or
owners shall be sufficient.
moved.
Explanation of
c« rtain act
Extension of
the act.
Tflkinp Der"
misdemeanors.
495
Sec. 2. If any stage contractor or driver, or owner or captain of
any steam boat or other water craft or any other person or persons
shall violate the provisions of the first section of this act, they or ethier
of them shall be subject to indictment or presentment without a pros-
ecutor thereto in the circuit court of the couty in which said colored
person was so received in any of said stages or steam boats; and up-
on conviction shall be fined in a sum not less than two nor more than Fined between
five hundred dollars, and be imprisoned not less than three nor more ^undreddoiiarB
than six months; and shall be liable to an action of trover at the suit and imprisoned
of the owner or owners of any slave or slaves so received and carried between three
without the aforesaid permission. and six month8<
1833, Ch. 96. (Indictable to obstruct &c. turnpike road. See Turn-
pike Road.)
1835, Ch. 1. § 14, (Crimes and misdemeanors of justices of the
peace and constables. See Justices of the Peace.)
Ch. 13, J 4. (Keepers of race tracts without license indictable.
See Revenue of State.)
Ch. 14. (Revenue Commissioners failing to do their duty. See
Revenue Commissioners.)
Ch. 21. § 25, (Sheriff or other officer failing to perform the duties
required by this act indictable. See Militia.)
Ch. 24. (Indictable to erect false signs on roads. See Roads.)
Ch. 47. (Sections 1,2, 3, 4, 5, 6. See Lotteries.)
183 5.—Chapter 50.
Section 6. In any case where more than legal interest shall be Not t0 take
taken, the person taking the same shall be liable to indictment or ^eenufor mo.
presentment and on conviction, shall be fined, a sum not less than ney
the whole usurious interest, so taken and received, which amount Flne not iess
shall be ascertained by the jury trying the case: Provided, no fine than usury, hut.
shall be less than ten dollars; and in case the defendant shall plead lower tun
guilty to the charge, or jugdment go against him, on a plea in abate-
ment, a jury shall be sworn to ascertain the amount of interest receiv-
ed as aforesaid for which judgment shall be entered.
1835, Ch. 54, {2. (Receiving illegal toll. See Turnpikes.)
Ch. 55, (Fines and forfeitures in misdemeanors to go to the coun-
ty treasury. See Fines and Forfeitures.)
18 3 5.—Chapter 57.'
Section 1. It shall not be lawful for any free person of color to Free peraona
keep any grocery, tippling house, booth or stall,-for the purpose of of color not to
vending spirituous liquors, or groceries, and if any free negro in this vend 8plrit9*
state shall offend the provisions of this act, he or she shall upon con- Fjne not J#B|g
viction by indictment or presentment pay a fine of not less than fifty than $50.
dollars.
496
money.
1835.—Chapter 58.
Not to sen Section 2. Any free person, who without the consent of the own-
give or loan to a er, shall sell, loan or give to any slave, any gun, pistol, sword, or
8listoi aword'or gudty °fa misdemeanor, and shall on conviction by in-
difk,' Without dictment or presentment be fined not less than fifty dollars and impris-
consent of own- onednotless than ten days,
er.
1 8 3 5.—Chapter 62. #
To amend Act of 1833, Chapter 3.
Where any slave or slaves shall have concealed him, her or them-
suchEperson' of se^vesin any steam boat or other water craft, or stage without the
color, or slave, knowledge or consent of the owner, captain, contractor, or driver, and
get in without the same shall not have been discovered before the departure of the
iiT first jail'after steam k°at or other water craft, or stage, if the owner, captain, con-
discovered. tractor or driver shall imprison said slave or slaves so discovered to
be in his possession in the first and nearest county jail to which he
may be, in the direction they are going at the time of such discovery,
and make publicity of the same in some convenient news paper, he
shall not be subject to any of the pains and penalties pointed out in
the second section of the act which this is intended to amend.
1835 Ch. 66. (Proprietors of turnpike roads or toll bridges liable to
indictment for not repairing. See Turnpike Roads.)
183 5.—Chapter. 88.
injure ^naviga^ Section 1. If any person or persons shall hereafter erect or keep
tion- up any fish dam or other obstruction so as to impede or injure the
navigation of any stream declared navigable by the laws of this state,
suchpeTson or persons so offending shall be liable to indictment in
the same manner that overseers of public roads are now liable to in-
dictment.
Tfiis act to be gEC 2. Jt shall be the duty of the judges of the circuit courts in
togn j" Charg dds State, to give this act in charge to the grand juries of their res-
pective courts at every term thereof.
MONEY.
1 7 9 8.—Chapter 19.
Section 1. All verdicts and judgments in courts of record and by
justices of the peace out of court, shall be rendered in dollars and
o yer- cents, or such parts thereof as the nature of the case may require;
dicta muat be in a.nd all executions thereon, and all bills of cost, shall issue accord-
dols. and cts. ingly.
MORT«A<?ES.
4*37
182 7.—Chapter 8.
Section 1. All fines, forfeitures, penalties, rewards, fees and sums
of money, for any purpose whatever, which in the statute laws now Pounds, <$•c.
in force in this state, are expressed in pounds, shillings and pence, j1°,£0]]aj!gimated
shall be estimated at the rate of eight shillings to the dollar, twenty n 0 ars#
shillings to the pound, and twelve pence to the shilling.
Sec. 2. It shall be the duty of the persons at present engaged in
revising the laws, to express all such sums of money in the different To be scaled
acts, in dollars or cents, or both according to that scale. in the revisaI-
Sec. 3. All indictments or proceedings founded on statutes in
which the expression of the sum is so altered, shall be good, whether Form of indict-
concluding against the form of the statute, or against the form of m®nt-
the statutes, one way or both.
MORTGAGES.
171 5,—Chapter 38.
Section 12. In case more than one mortgage shall happen to he
made, and be in force at one time, of the same lands and tenements,
goods and chattels, the several mortgagees, which have not registered When more th'n
their mortgages, their heirs, executors, administrators or assigns, fnne
shall have power to redeem any mortgage or mortgages registered, property, sutne.
upon paying the principal debt, interest and costs of suit to the prior ^aentre"eertgn^ 0
mortgagee or mortgagees, their heirs, executors, administrators, or may re< eem'
assigns; and as a punishment for such intended fraud or covin, every
person or persons, which shall mortgage the same lands, tene- In s"cIi ewe
ments, goods or chattels a second time, a former mortgage being in ^r(!eg^g0Tn0l"t0
force,and not discharged, shall have no power or liberty of redemp-
tion in equity or otherwise.
Sec. 13. Nothing in this act contained shall be construed, deemed, wldow
or extended, to bar any widow of any mortgagor, of such lands or barred o7 her
tenements from her right of dower to the said land, who did not dower,
legally join with her husband in such mortgage, or otherwise bar or
exclude herself from such her dower or right.
1 7 8 9.—Chapter 41.
Section 1. Where any action shall be brought on any bond for where a bond
the payment of the money secured by such mortgage, or performance Bnd mortgage to
of the covenants therein contained, or where any action of ejectment ind^uVon bond',
shall be brought in any of the circuit courts in this state by any and ej'ctm'nt for
mortgagee or mortgagees, his, her, or their, executors, administrators, 0alanl n^
or assigns; for the recovery of the possession of any mortgaged lands, mPoney.aurbring-
tenements, or hereditaments, and no suit shall then be depending in ing a into co'rt,
498
mortgages.
debt dUch'rged. any of the courts of equity in this state, touching the foreclosing or
'nd co'rt to ord'r redeeming of such mortgaged lands, tenements or hereditaments, who
by ruieyof court, shall appear and become defendant or defendants in such action,
shall at any time pending such action, pay unto such mortgagee or
mortgagees, or in case of his, her, or their refusal, shall bring into
court where such action shall be depending all the principal moneys
and interest due on such mortgage, and also all such costs as have
been expended in any suit or suits at law or equity upon such niort-
gage, such money for principal, interest and costs, to be ascertained
and computed by the court, where such action is or shall be depend-
ing, or by the proper officer by such court to be appointed for that
purpose, the moneys so paid to such mortgagee or mortgagees, or
brought into such court, shall be deemed and taken to be in full satis-
faction and discharge of such mortgage, and the court shall and may
discharge every such mortgagor or defendant of and from the same
accordingly; and shall and may by rule or rules of the same court,
cumpel such mortgagee or mortgagees, at the cost and charges of
such mortgagor or mortgagors, to assign, surrender or reconvey such
mortgaged lands, tenements and hereditaments, and such estates and
interest as such mortgagee or mortgagees have or hath therein, and
deliver up all deeds, evidences, and writings, in his, her or their
custody, relating to the title of such mortgaged lands, tenements and
hereditaments, unto such mortgagor or mortgagors, who shall have
paid or brought such moneys into the court, his, her or their heirs,
executors or administrators, or to such other person or persons as
he, sh« or they shall for that purpose nominate or appoint.
Sec, 2. This act or any thing herein contained, shall not extend to
to 'case0 where an^ case w^ere the person or persons against whom the redemption
adverse party is or shall be prayed, shall, by writing under his, her or their hands,
states in writing or the hand of his, her or their attorney, agent, or solicitor, to be
ha^notVrTht delivered before the money shall be brought into such court, at law,
to redeem, gor to the attorney or solicitor for the other side, insist either that the
that other sums party praying a redemption has not a right to redeem, or that the
the "righ^'of^e- PremiSGS chargeable with other or different or principal sums, than
demption is con- wbat appear on the face of the mortgage, or shall be admitted on the
tested by differ- other side; nor to any case where the right of redemption to the
entNofprejudice mortgaged lands and premises in question, in any case or suit, shall
to subsequent be controverted or questioned by or between different defendants in
mortgagees. same cause or suit; nor shall be any prejudice to any subsequent
mortgagee or mortgagees, or subsequent incumbrancer.
1831, Ch. 90. (When and how proved and registered, and the
effects of failing to register. See Registration.)
names amd negotiability.
499
NAMES.
180 5.—Chapter 2.
Section 1. Any of the circuit or county courts in this state, shall Authority to
have full power and authority to alter the name of any illegitimate alter the name
person, on application of any person wishing to make legitimate any of illegitimate
of their offspring not born in wedlock: Provided, said applicant in- ch![,d0re""e mad8
lends to make said illegitimate person heir, or joint heir to his or her joint heirs,
estate.
Sec. 2. Each applicant shall prefer a petition to the court, setting Tot.tje don®
lorth his or her reasons for legitimating said person; and if the ypei
court shall think the reasons sufficient as stated in the petition, they
shall direct the petition to be recorded at length, together with the
opinion of said court; that said person made legitimate, as aforesaid,
has become heir, or joint heir of the person petitioning.
Sec. 3. The clerks of the circuit or county courts shall receive the Clerk's, f«e
sum of one dollar, to be paid by the person applying for the same, as
a full compensation for his services.
1827.—Chapter 16.
Section 1. It shall and may be lawful for any circuit court in this on good rea-
state, on the application of any person residing within the jurisdic- sons shewn by
tion thereof, by petition in writing, setting forth the reasons, good jd'ter'^ame' ° of
and sufficient in the estimation of said court, to alter the name of any person,
such person, and order the same to be entered on the record of said
court.
Sec. 2. Any person whose name may be changed by such order,
judgment and decree of a court, shall and may forever afterwards, be
known and designated, sue and be sued, plead and be impleaded, by
the new name thus conferred on him or her, or by their former name.
Sec. 3. The clerks of the circuit court shall receive the sum of Klerk's
one dollar, to be paid by the applicant and petitioner under this law,
as a fall compensation for their services.
NEGOTIABILITY.
178 6.—Chapter 4.
. All bills, bonds
Section 1. All bills, bonds, or notes for money, as well those with and notes for
seal, as those without seal, those which are not expressed to be paya- Fj°My
500
NEW TRIAL.
able to order or for value received, as those which are expressed to
be payable to order and for value received, shall be held and deemed
to be negotiable; and all interest and property therein shall be
transferable by endorsement, in the same manner and under the
same rules, regulations and restrictions as notes called promissory or
negotiable notes have heretofore been; and the endorsee or assignee
may have and maintain his action of the case for the recovery of the
moneys due him upon such bill, bond or note, notwithstanding any
seal thereunto annexed, in his the said endorsee's or assignee's own
proper name, as suits have been heretofore had and maintained by
endorsees or assignees of notes called promissory or negotiable.(a)
178 9.—Chapter 57.
Section 3. The endorsee or assignee of any bill, bond or note,
Endorsee or un(jer sCal, may have and maintain an action of debt on the same, in
bring'debt. m&y his or her own name as endorsee or assignee, provided the original
obligee could haive maintained an action of debt on the same bill,
bond or note with seal.
NEW TRIAL.
18 01.—Chapter 6.
Not more than Section 59. Not more than two new trials shall be granted to the
two to the same same party in the same cause at law, or upon trial of an issue of fact
party. in equity.
1823.—Chapter 54.
Section 6. When it shall so happen, that any one or more persons
Subpoena may may have knowledge of such facts as are necessary for the informa-
he had for such tion of the court upon motions for a new trial, and such person or
know" facts'n^ persons shall refuse to give their affidavits voluntarily to the party
terial on m'tions requiring the same, then and in that case it shall be the duty of the
for- court to award a subpoena to the party asking the same, to compel the
attendance of such person or persons to make an affidavit of the facts
required to be made known.
(«) A note for money which may be discharged by the delivery of a negro, is not a negotiable paper, nor U
the assignor liable in the event of the obligor's insolvency, unless he has been guilty of fraud. 1 Tenn.
384. 5 Yerg. 435.
2. A note to pay a certain sum in bank bills, is not a note for money, therefore not negotiable by this art.
Peck", 276.
3. Negotiable paper, by the law, merchant, and by our statutes, includes orders or bills of exchange,
checks on banksy bank notes, and notes of hand, with or without seal, but all for money, which they repre-
sent, for the convenience of commerce. 5 Yerg. 435.
4. A bote payable in North Carolina bank notes is negotiable, and the endorser is liable, in an aition on
the case, to^tHe specie value of such notes. 5 Verg. 451.
NON T.ST FACTUM.
501
NON EST FACTUM.
18 01.—chapter 6.
Section 55. No plea of non est factum, either in law or equity, Not received but
shall be received unless on oath. oa oath*
181 7.—Chapter 86.
Section 2. It shall not be lawful for any justice of the peace, or
any court in this state, to suffer any person who maybe sued on any Execution of
bond or note, whether the same be with or without seal, to deny the "o ^denied but
execution of the same, unless he, she, or they, will deny the same on on oath,
oath, in writing, and signed by such party .(a)
1819.—Chapter 27.
Section 4. When any person or persons, either as plaintiff or Execution of
defendant may wish to avail him, her or themselves, of the benefit of no instrument to
the plea'of non est factum, by a plaintiff to any deed of release, defeas- ^thedre"p^ty ^
ance or denial of any other acquittance, or by a defendant to any of suit, hut on oath,
the bonds, obligations or the plea of non est factum, to any promis-
sory notes, bills of exchange, or other instruments of writing, for the
payment of money or other valuable thing, he, she or they shall file
such plea in writing, supported by oath of the party making the same,
whether as plaintiff or defendant, before any tribunal having cogni-
zance thereof.(&)
1819.—Chapter 42.
Section 1. No person sued in any of the courts of this state, as an Drawer e„aor.
endorser of any bond or note, or drawer, or endorser, or acceptor of any ser, or acceptor,
bill of exchange, or order for the payment of money, or plead any plea not t0 deny his
directly or indirectly denying such drawing, endorsement or accept- out'onth! W th*
ance, unless such plea or denial be accompanied with an affidavit of Ex. or ad. not
the truth thereof, subscribed by such party: Provided, That nothing r'<iai,r'd t0 8W>ar
herein contained shall require an executor or administrator to make
the foregoing affidavit.
(а) A bond which is left blank, and is tilled up after the sureties sign it, is void unless it is re-delivered
by them after the blanks are filled up. The sureties in such a bond may plead non est factum. 1 Yerg.
149.
5. In an action by an endorsee against an endorser, the plea of "no assignment" must be rworn to: other-
wise the assignment or endorsement is admitted. 4 Yerg. 572.
(б) The execution of papers which are the foundation of the action, need not be proved unless denied on
oath, under this section. 5 Yerg. 427.
502
NOTARY PUBLIC.
NOTARY PUBLIC,
18 3 5.—Chapter 11.
Two n. p. Section 1. There shall be appointed by the justices of the county
may be app'nt'd court if they deem it necessary, two notaries public in each county
by ethey county state> except in the county of Davidson, in which there shall
court. be three, each of whom shall hold his office for the term of four
3 i" Davidson, years, to whose attestation, protestation, and other instruments of
erm years. pUbiicatiori) jue credence shall be given.
Sec. 2. Each notary public shall, before entering upon the duties
To give bond of his appointment, give bond and security in the sum of five thou-
oathsake certain sand dollars, conditioned for the faithful discharge of the duties of
his office; and moreover shall take and subscribe before some justice
of the peace, within his county, an oath to support the constitution of
this State, an oath to support the constitution of the United States,
and an oath that he will, without favor or partiality, honestly, faith-
fully and diligently, discharge the duties of notary public,
offke atthe c't8 ®EC* Each notary public shall keep his office at the town of the
town.8 e° y county in which he shall be appointed, and shall at his own expense
To procure a procure a seal of office.
Commissioned. ®EC# ^ notaries appointed under this act shall be commissioned
by the Governor.
Sec. 5. The attestation, protestation and other instruments of pub-
Acts good evi- lication of the several notaries public of this state, shall and may be
dence. received in evidence in any court of record, or before any justice of
the peace in this state.
Sec. 6. When any notary public shall resign, he shall surrender his
incaseofde'th sea] t0 ffie county court; and if such notary shall die, his executors,
seal totesurren- administrators, or other persons, into wThose hands said seal shall come,
dered to county shall surrender the same to the county court to be cancelled, and on
co"rt; .... failure, shall be indicted in the circuit court, and punished as in other
Failure indict- ' . , ' r
able. cases ot misdemeanor.
Sec. If. Where any person or persons is, or are, interested in hav-
N DpP°mayn be *n£ testim°ny of any notary public in this state, it shall be lawful
taken whether for such person or persons to take the deposition of such notary, whe-
suit pending or ther suit be depending-or not, before two justices of the peace, giving
not' to the opposite party ten days notice, if resident within this state, and
if resident beyond the limits of this state, forty days notice of the
time and place of taking the same; and such deposition when thus
taken, shall be evidence between the same parties in any suit in law
or equity then or thereafter depending, should said notary die or
remove out of this state before the time of trial.
NOTICE.
503
NOTICE.
1794, Ch. 1,} 30, 31. (To take the depositions of persons leaving
the state, non-resident, infirm, &c. See Depositions.)
1817, Ch. 189. (To take the depositions of judges, clerks, physi-
cians, &c. See Depositions.)
1817 .-Chapter 199.
Section 5. In all causes at law or equity, in which depositions are Duty of sheriff
authorized by law to be taken, it shall be the duty of the sheriff of to s'rve notice to
any county in Tennessee, in which the party may reside, who has take^epo^aions.
to be notified of the time and place of taking any deposition or depo- copy> e 1 r
sitions, to deliver a copy of any notice put into his possession for
that purpose, to the proper person or persons in due time, and to
mark on the notice delivered to him, the time of delivering such
copy, and return the same to the clerk of the court in which the suit
is pending; and every sheriff shall be allowed the sum of fifty cents ee ceutB'
for every copy of a notice served by him, to be taxed as costs in the
suit; and the return of the sheriff shall be proof of notice in such
case.
Sec. 6. It shall be the duty of any sheriff of any county in this Sheriff to serve
state, to deliver in due time to the person or persons to whom notice b^e cases
is addressed, a copy of any notice put into his possession, which notice 0f judgment by
is against a delinquent officer, or against a person or persons in favor motion, for on
of their security, and to return the original notice to the clerk of 8ecurity*
the court, in which the motion is to be made, in due time with his
return, for which a sheriff shall receive the same fees for serving
notices to take depositions.
18 2 0.—Chapter 25.
Sec. 4. Wherever a suit is or shall be brought against the drawer Certificate of
or endorser, or endorsers, of an inland or foreign bill of exchange, protesf
the maker or makers, or endorser or endorsers of a promissory note, fade evidence of
or the obligor or obligors, or endorser or endorsers, of a writing obliga- n°^ce t0 a11 con'
tory, and such bill, promissory note, or writing obligatory, shall have cerne '
been duly protested by a notary public for non-acceptance or non-
payment, and the notary shall have certified either in or on his protest,
that he has given notice of demand of payment and refusal, or the
dishonor such bill, promissory note, or writing obligatory, to the en-
dorsers, makers, or others concerned, such protest shall be pi'ima ifthe n. p. be
facie evidence of the fact of notice, and if the notary be dead at the d®ad> e™y h°£
trial of such suit, and such certificate be not 'made in or on the pro- £00" good evt-
test, but if an entry to that effect be made on his record book, con- denee.°
taining a record of his protests on such entries,then such book or
sworn copy thereof, shall in like manner be prima facie evidence of
the fact of notice to all persons so stated to have received notice
OATHS.
18 2 4.—chapteu 6.
Depositions to Section 2. Depositions shall be taken on notice, and in all cabea
be taken on no. in equity, in which more than one person may be complainant or
defermfnfelerkon defendant, it shall be ihe duty of the clerk and master on application
whom notice to of the opposite party, to determine whether notice to take deposi-
be served. tions shall be given to each person, and if not, to whom notice shall
be given, and said clerk and master shall make and preserve a memo-
randum of his order, made under the provisions of this section.
OATHS.
constitution, article x, section 1.
April, 1 7 7 7.—Chapter 1.
Section 2. Judges, justices of the peace, and other persons who
are or shall be empowered to administer oaths, shall except the cases
in this act excepted, require the party to be sworn, to lay his hand
upon the Holy Evangelists of Almighty God, in token of his engage-
ment to speak the truth, as he hopes to be saved in the way and
method of salvation pointed out in that blessed volume; and in fur-
ther token, that if he should swerve from the truth, he may justly be
deprived of all the blessings of the gospel, and made liable to that
vengeance which he has imprecated on his own head, and after re-
peating the words "So Help me God," shall kiss the Holy Gospel as
a seal of confirmation to the said engagement.
Sec. 3. In all cases, when any judges, justices of the peace, or
hand. UP 6 other persons, are or shall be empowered to administer any manner
of oath in this state, and the person to be sworn shall be conscien-
tiously scrupulous of taking a book oath, in manner aforesaid, and
pray the benefit of this act, it shall and may be lawful for such judges,
justices, and other persons, and they and each of them, are herebj
required to excuse such person from laying hands upon, or touching
the Holy Gospels; and the said judges, justices, and others, are here-
by directed in such case to administer the oath required in the follow-
ing manner, to wit: The party so conscientiously scrupulous, and
praying the benefit of this act, shall stand with his right hand lifted
up towards heaven in token of his solemn appeal to the Supreme
God, whose dwelling is the highest heavens, and also in token that if
he should swerve from the truth, he would draw the vengeance of
heaven upon his head, and shall introduce the intended oath with
these words, to wit:
Form /, A. -B., do appeal to God as a witness of the truth, and avenger
of falsehood, as I shall answer for the same at the great day ofjudg-
Manner of
administering
oaths.
orders.
505
merit, when the secrets of all hearts shall be known; that fyc. (as the
words of the oath may be.)
f And it is hereby declared, that an oath, thus administered and guc]loathg0od.
taken, with the right hand lifted up, is and shall be a lawful oath in
the state j and such oath shall be admitted and used in all courts in
this state, where the same shall be requested as aforesaid, and shall
be equally good and valid in law to all intents and purposes as if the
same oath had been taken by the party, having laid his hand upon
and kissed the Holy Gospels.
Sec. 4. The solemn affirmation of Quakers, Moravians, Menon- Q^ers^o" °f
ists, made in the manner heretofore used and accustomed, shall be ad- a er8'
mitted as evidence in civil controversies in this state, and where
other persons are required to take an oath or oaths to the state, the
said Quakers, Moravians, and Menonists, shall make their solemn
affirmation in the words of the said oath or oaths, beginning after the
word swear, or shall make such affirmation as shall be hereafter pro-
vided for them by law.
1817.—Chapter 84.
Section 1. It shall be the duty of each and every person autho- Qath a ainflt
rized to administer an oath, to administer to all officers, civil, military, duelling,aSamS
judicial and executive, previous to their taking the respective oaths
of office on such occasions usually administered, the following oath
or affirmation:
I —— do solemnly swear on the Holy Evangelists of Almighty Form ofoath
God, that I have not given or accepted a challenge, either written or
verbal, to fight a duel, nor have I fought one since the passage of an act
passed in the year eighteen hundred and seventeen, entitled "an act
more effectually to prohibit duellingnor have I been the second or
bearer of a challenge for such purpose; and that I will not fight a duel,
or be the bearer of a challenge, either written or verbal, for such pur-
pose, or act as the second of both or either of the parties concerned, in a
duel during my continuance in office. So Help me God."
ORDERS.
1762.—Chapter 9.
Section 4. When any person or persons shall, by order in wri- orders in wri-
ting, signed by his or her proper hand, direct the payment of any ting good, and
sum or sums of money, in the hands or possession of any other per- acceptoTiiabfe^
son or persons, to the bearer, or any person or persons whatsoever,
the money therein specified, shall, by virtue thereof, be due and
payable to such person or persons to whom the same is drawn paya-
ble, and may be put in suit against the person or persons who shall
draw the same, or against the person or persons on whom the same
65
506
ORDINARIES AND TIPPLING HOUSES.
shall be drawn, after acceptance thereof by him or them to whom the
same shall be made payable and recover damages. (a)
Protest and no- ®EC* Person or persons whatsoever, shall prosecute any suit
tice before suit against any person or persons who shall give such order for the mo-
against drawer; ney therein mentioned before the same shall have first been protest-
ed for non-acceptance, and notice given thereof to the drawer be-
fore such suit shall be brought, and if any suit shall be brought on
any such order, before notice and refusal to pay as aforesaid the
plaintiff or plaintiffs, shall be non-suit and pay costs.
1819, Ch. .42. (Not to be denied by drawer but on oath. See
non est factum.)
ORDINARIES AND TIPPLING
HOUSES.
1 7 6 7.—Chapter 8.
To keep up a Section 16. Every person who shall obtain a license agreeable to
Bi8n- law to keep an ordinary, shall, within one month after obtaining suck
license, set up, or cause to be set up, in public view, at his dwelling
house, or the house where such ordinary shall be kept, a sign, with
an inscription thereon, denoting the same to be an ordinary, or house
Penalty $5 per of entertainment, under the- penalty of forfeiting^re dollars, for ev-
month. ery month the said ordinary or house of entertainment shall be kept,
without having a public sign set up as aforesaid, one half to the
State, the other half to him or them, who shall sue for the same, to
be recovered with costs before any jurisdiction having cognizance
thereof.
17 79.—chapter 10.
To sell by seai'd Section 2. All persons hereafter retailing liquors shall sell the
or full measure, same by sealed measures, or such other measures as shall at least
contain the'full quantity pretended to be sold.
(a) An order is only prima facie evidence of debt; it is not sufficient of itself to make a recovery without
proving a consideration, according to the principles of the common law. It is true this act has given a
higher character to orders, by authorizing suit to be brought against the drawer on the order, but still it may
be questionable whether it is not necessary to prove a consideration. The act directs 11 at no suit shall be
brought on an order, until it shall have been presented and protested, hut it does not take away any remedy
which a party might have had previously to draw'ng the order. That stands as it did before. 2 Tenn.275.
2. The drawing of an order by A in favor of B, is prima facie evidence of indebtedness by A to B; and
the acceptance of the order by the person on whom it is drawn, is likewise prima facie evidence of indebt-
edness by him to the drawer, under this act. 3 Yerg. 301.
3. A declaration upon such an order, averring that it was drawn in consideration af a debt due by the
drawer to the plaintiff, and accepted by the defendant, is good, without averring any other consideration.
Same.
ORDINARIES AND TIPPLING HOUSES.
507
Sec. 3. No person, not having a license for keeping an ordinary,
shall sell or retail liquors in smaller quantities than is by this act (in cense>
section 12) permitted, under the penalty of one hundred and twenty-
jive dollars, for every offence, one half to the use of the State, the
other half to the use of the informer.
Sec. 4. On granting license to keep an ordinary, the person who jn^e^ntry1h-
applies for the same, shall produce one or more securities to the said cenSe to give
court, to be by them approved, who shall, before the license be made bond and securi-
out, join with him or her in a bond of the following tenor, to wit: ty*
"Know all men by these presents, that we, A B and C D, are held and Formof bon(i,
firmly bound unto , Governor of the State of Tennessee, in the
sum of two thousand five hundred dollars, to be paid to the said ——,
or his successors. To which payment well and truly to be made,
we bind ourselves, and every of us, ours and every of our heirs, ex-
ecutors and administrators, jointly and severally, firmly by these pre-
sents, sealed with our seals and dated the day of , 18—.
"The condition of the above obligation is such, that whereas the condition,
above bounden A B hath obtained a license to keep an ordinary at
, if, therefore, the said A B doth constantly find and provide in
bis or her said ordinary, good, clean and wholesome diet and lodging
for travellers, and stable, fodder, corn and pasturage for their horses,
for and during the term of one year from the day of ,
18—, then this obligation to be void, otherwise to remain in force."
And in case of a breach of, or not complying with the condition of Any one may
said bond, it shall and may be lawful for any person, in the name of Q^eb^°aCbenaIty
the Governor, to sue for and recover the penalty of said bond, and on
apply one half thereof to his or her own use, and the other half to
the use of the county where the cause of action may arise.
Sec. 5. When such bond shall have been given, the clerk of the Clerk to give
court shall prepare a license, and sign the same, which license shall for one
continue in force one year, and no longer.
Sec. 6. If any ordinary keeper shall entertain servants or slaves To entertain
against the will of their owners, or common sailors against the direc- orTaUor's Swith-
tions of the masters of vessels to which they belong, every ordinary out leave, for-
keeper so offending, shall and may, by order of two justices before feitureor license
whom such offence shall be proved, be from thenceforth suspended
and disabled from keeping an ordinary, as if he or she had never
obtained a license for that purpose. Provided^ that such ordinary May be restored
keeper may be heard by the next court, who, if they think proper, by next court,
may restore such ordinary keeper, by granting him a new license.
Sec. 7. Any person which after being disabled from keeping During suspen-
ordinary, according to the directions of this act shall sell or retail sion not to retail
liquors until he or she shall obtain another license for such purpose, hiuor8'
shall be liable to the same penalties as if a license had never been
obtained by him or her.
Sec. 8. The justices of each county shall, once a year, or often- County Court to
er if necessary, rate the prices of liquors, diet, lodging, fodder, corn, tatethe priceiof
provender and pasturage, to be taken by ordinary keepers, and eve- areonce a year*
ry ordinary keeper shall, within thirty days after the rates shall be
set by the county court, where his or her license shall be granted,
obtain of the clerk a fair copy of such rates, for which the clerk
may take and receive one dollar, which copy shall be openly set up Keeper to'set up
in the common entertaining room of such ordinary, and there kept, copy in 1 month*
till the rates are again altered; and every ordinary keeper failing Clerk»sfee |j,
500
ordinaries and tippling houses.
penalty $250. herein shall forfeit and pay two hundred and fifty dollars for every
failure.
Keeper to forfeit Sec. 9. Every ordinary keeper who shall ask, demand or re-
$125 for over- ceive a greater price for any drink, diet, lodging, fodder, provender,
charging. corn, or pasturage, than shall be rated by the justices according to
the directions of this act, shall forfeit one hundred and twenty five
dollars for every offence, to be recovered by the informer, to his own
use, before any jurisdiction having cognizance thereof.
Not to sell more Sec. 10. No ordinary keeper shall sell on credit liquors to any
oMhjuor to°sai- common sailor, to more than the amount of twenty five dollars, with-
lor with't leave out leave of the master of the vessel to which he belongs, under the
of master. penalty of losing the money which otherwise he or she might have
Shall lose the recovered for such liquor so sold to such sailor on a credit; nor shall
debt« drink by small measure upon credit to any other person to a great-
Nor more than er amount than fifty dollars, unless a person so credited shall sign a
$50 *'orth t0 book, in the presence of one or more sufficient witness or witnesses,
on^credit.^The m acknowledgment of the said debt, under the penalty of losing the
same not recov- money so credited, and in an action brought for recovery of such debt,
®^abI® "nleijs a.c the general issue may be pleaded, and this act given in evidence,
writing.gC m Sec. 11. All penalties, fines and forfeitures in this act, theme-
Ail enaities recovei'ing'or applying whereof, are not herein particularly
and fines in this directed, shall be one half to the county, the other half to him or
act, to go one them that shall sue for the same, to be recovered with costs, by ac-
the^otherto'him t*on bffi? plaint or information, in any court of record ha-
who will sue. ving cognizance of the same.
Any person may ®EC* -Provided, that nothing in this act contained shall be con-
sell by the quart strued, deemed or taken, to prohibit or restrain any person to sell by
and larger quan- retail wine, rum, brandy or other spirits by the quart, or a greater
titles^ quantity; Provided, that the same be not intended to be drank on
the plantation whereon the same are sold.
18 11.—Chapter 113.
To amend the act of 1779, ch. 10.
license ^keep Segtion 1. Any person or persons wishing to keep an ordinary
an ordinary. or house of entertainment, shall prefer his or her petition to the
county court in which he or she resides, praying a license there-
for, for one year, and if such court, upon examination of his or her
What to be Pet^^on5are satisfied that he or she so applying are of sufficientprob-
proved by appii- ity, n°t addicted to any gross immorality, [and has the other requi-
cant. sites required in the act of 1823, ch. 33,] they may order the prayer
of the petitioner to be granted, upon the applicant entering into bond
with security agreeable to the requisitions of the act which this act
is intended to amend.
Retailing with- Sec. 2. Every person or persons obtaining a license as aforesaid,
out license in- shall, previous to his receiving the same, pay to the clerk of the court
dictabie. zAe State tax, and such other fees as are pointed out for the clerk for
his necessary services therein; and any person or persons who may
keep an ordinary, or house of entertainment, or retail liquors by a small-
ermeasure than is pointed out by the act (of1799, ch. 10,sec. i2,)writh-
out first having obtained a license therefor as aforesaid, such person
or persons shall be liable to an indictment for keeping a tippling
ordinaries and tippling houses.
509
louse, and upon conviction thereof, shall be fined by the court in a fine,
sum not exceeding five dollars, nor less than one dollar.
Sec. 3. It is hereby made the duty of the several constables with- Duty of consta.
in this State, from time to time, to give information of such ordina- bies to prosecute
ries, houses of entertainment, or retailers of liquors, as may be al! in their di3-
within the bounds of the district for which they were appointed, trict*
who have not received a license for such ordinary, house of enter-
tainment, or retailing of liquors, to some justice of the peace within
his county, who, upon receiving such information, shall immediately
issue his warrant to apprehend the person or persons of which in-
formation is given, and upon such apprehension, they shall be bound
in recognizance, and with security, for their appearance at the next
court having cognizance thereof, to answer such information, and up-
on their failing to give such security, they shall be committed to jail.
Sec. 4. Any constable of any district, within this State, fail- constable to be
ing to give such information, and to appear on behalf of the State, removed for fail-
and prosecute such person or persons, so offending, and it appears to j?s j° prosecute
the court on the examination of proper evidence, that such person or ,pp ers*
persons have kept an ordinary, house of entertainment or retailed
liquors, for a greater length of time than three months, the court
shall thereupon order the constable or constables of the district
within which such person or persons kept such ordinary, house of
entertainment, or retailed liquors, to be removed from office. Provi- gaving-in favor
ded, nothing herein contained shall be so construed as to requiie per- of keeper* ofpri
sons keeping houses of private entertainment to obtain license, or v»te entertain-
pay any tax therefor. ment"
1817 .—Chapter 61.
Section 5. Every person in this State applying for ordinary li- Applicants t
cense, shall, before he receives the same, take an oath, in open court, take an oath n<
that he will_not permit gaming of any kind to take place in his house, ancTtcTmake'C
during the term of his license, and should the like be attempted, format'n in ca^
without his consent, that he will make immediate information thereofil is attempted,
to the proper authority.
18 23.—Chapter 33.
ta
Section 1. No county court in this State shall hereafter grant li- Prooftobema
cense to any person whatever, to keep a public inn, or. house of before iicei
entertainment, unless the person applying for such license shall first granted,
prove in open court, by the "testimony of creditable witnesses, that
the person applying has a good moral character, and that he, she or
they are provided with bedding, stablage, and house room for the ac-
commodation of travellers and lodgers; and in no case shall such li-
cense be granted, if the court should be of opinion that the retailing of
spirituous liquors is the principal object in obtaining such license;
and it shall be the duty of the clerk of the county court, whenever
application is made for license, and before the testimony is received,
to read this act in the presence and hearing of the court.
Sec. 2. Every person retailing spirituous liquors without first ob- penalty fr
taining a license, as directed by the first section of this act, shall be tailing wroent
subject to the penalties now imposed by law on those who retail spir- ,lcense-
510
ordinaries and tippling houses.
Saving. ituous liquors without license. Provided, nothing herein contained
shall be so construed to prevent any person from retailing spirits
who may be specially authorized by act of Assembly to do so, with-
out paying any tax therefor.
182 7.—Chapter 15.
It shall and may be lawful for any person at whose house any elec
tion or muster is held, by the laws of this State, to sell spirituous li-
quors on the days of holding elections and musters, in any quantity,
without obtaining a license therefor, to be drank upon the plantation
of the person selling.
18 31.—Chapter. 80.
Section 1. Any person wishing to retail spirituous liquors in this
State, is hereby authorized to apply to the clerk of the county court
of the county in which he may wish to retail such liquors, for a li-
cense for that purpose, and said clerk is hereby authorized and re-
quired to issue to such person so applying a license for the term of
one year from the date thereof^ said applicant first paying therefor to
the said clerk the sum of twenty-five dollars, and entering into bond
with approved security to keep a peaceable and orderly house, and
not allow any unlawful gaming therein.
Sec. 2. It shall be the duty of the clerk in the several counties in
this State to pay over any moneys by them collected, as provided in
the first section of this act, to the common school commissioners of
their respective counties, to be by them equally distributed among
the common school districts of their county for the education of the
children therein.
Sec. 3. The clerk issuing such license shall be entitled to fifty
cents as a fee for his services to be paid by the person applying for
the same.
18 3 2.—Chapter 34.
lie-
an To amend act of 1831, ch. 80.
public houses Section 1. No public house keeper, or other person whatever,
-t to sell spir- shall retail spirituous liquors in less quantities than one quart, un-
cant'with0llt th® less he shall first obtain a license for that purpose, as provided in the
act which this is intended to amend,
o betaken ®EC' not ke lawful for any clerk in this State to issue a
jret0 issuance license to any person applying for the same, unless such person shall
Uppiing hou- first take and subscribe the following oath or affirmation.
out '' I, A B, do solemnly swear {or affirm, as the case may be) that I will
dictai not, under the license I am about to obtain, retail any spirituous
liquors, to any slave, nor permit the same to be done, unless by the per-
mit of the master or overseer of the slave, in writing, so help me God.
Which oath or affirmation so taken and subscribed, the clerk shall file
in his office.
A person at
whose house an
election is held
may sell.
License to re-
tail spirits au-
thorized.
• Tax $25.
f
.Bond to be g
£ Clerk to
.over monej
^.common sch
Clerk's fee 50
ints.
ordinaries and tippling houses.
511
1835, Ch. 13, § 4. (Tax for ordinary and tippling license. See
Revenue.)
18 3 5.—Chapter 25.
Section 1. It shall not be lawful for the clerks of the courts of License to retail
this State to issue the license contemplated in said act of the 15th liquor $25.
December, 1831, unless the applicant therefor shall first pay into the
hands of the clerk for the use of common schools, the sum of twen-
ty-five dollars, and shall take and subscribe the oath prescribed by
the second section of the act passed the 15th October, 1832, to
amend and explain the act of 1831, and an bath in these words: "I Additional oath:
do further swear that I will not knowingly permit or allow any ga-
ming for whiskey, wine, money, or any other thing to drink or eat, or
other valuable thing in the house in which I may retail spirits, or on
my premises, but that if any should game or bet to my knowledge,
I will give information thereof to the grand jury at the next term of
the Circuit Court for my county," and any license that may be issued
by said clerks without said oath being,taken and endorsed thereon, Endorsed on it-
shall be void, and such several oaths shall be recorded by the said cense*
clerk and preserved in his office; and any person who may violate
such oaths or any part of them, shall be guilty of perjury, and shall
on conviction be punished as in other cases of perjury; and if any e
person who shall violate any provisions of this act, or that of 1831
and 1832 on this subject, shall sell spirits thereafter, he shall be lia-
ble in the same manner as if he had no license; and in case of part-
ners engaging in the business of retailing spirituous liquors, no li- PartuerB aU t0
cense shall be valid unless all the partners shall take the oaths re-
quired in this act, and a violation of the provisions of this act by an
agent, with the knowledge of the principal, shall have the same effect
as a violation by the owners.
Sec. 2. Said clerks shall not issue a license to any person to keep Gaming at tav«
a tavern or house of public entertainment, with authority to sell spir- erns to be pro-
ituous liquors under the act passed at the present session of the Gen- hlblted-
eral Assembly, setting forth the property and privileges liable to
taxation, unless the applicant shall take and subscribe the oath as
provided for in the first section of this act.
Sec. 3. The bond directed to be taken in the first section of the of bond and its
act which this is intended to amend shall be made payable to the forfeiture-
chairman of the County Court and his successors, for the use and
benefit of common schools, in the sum of five hundred dollars; and
it shall be the duty of the clerk of the County Court and the justi-
ces and constables of the district to notify the attorney general of
the district of any violations of the condition of such bond or of this
act or that which this is intended to amend, which may come to their
knowledge, whose duty it shall be, upon such information, to enforce
the criminal laws in case of their violation or the collection of the
bond in the Circuit Court, for which the attorney general shall have
a tax fee of twenty-five dollars, if collected from the defendant; the
penalty when recovered, shall be accounted for by the clerk of the
Circuit Court as other common school funds.
Sec. 4. It shall be the duty of the commissioners required to set- of settlement
tie with the clerk of the County Court, to require the said clerk to with clerk*
512
ORPHANS.
set forth on oath the amount of money he may have received under
the act which this is intended to amend, stating from whom received
in every instance; the said commissioners shall forward such settle-
ment to the person or persons who may be entitled to receive such
funds for the use of common schools, and the same shall be prima
facie evidence of the amount due from such clerk, and it shall be the
duty of such person or persons who are entitled to receive the same,
to recover the same by motion in the Circuit Court of the county
where such clerk resides, unless the same is paid at the time re-
quired by law, which motion shall be made by the attorney general
for the district, for which motion the attorney general shall have a
tax fee of twenty-five dollars if collected from the defendant.
ORPHANS.
1762, Ch. 5,51 to 18, and 24, 25,26. (Guardians for orphans and
their duties. See Guardians.)
5 19 and 20. (Orphans and others to be bound out to trades, &c.
See Apprentices.)
April, 1 7 84.—Chapter 34.
Not to harbor Section 5. It shall not be lawful for any house-keeper to harbor
&. conceal with- and conceal, or hire any orphan child or children, without first ob-
out le've of some taining leave of some justice of the peace, under the penalty of twelve
Penalty M250- dollars and fifty cents; and such justice on granting permission, shall
compel the person requiring the same to bring the said orphan child
to the next county court, which is hereby required to bind such or-
phan children agreeable to law.
1815.—Chapter 115.
Section 1. It shall be the duty of each and every county court
on° taformation w^n this state, upon information given to them by any one of the
to bind out or- justices of the peace in their respective counties, that there is in the
phans. bounds of their county any orphan child or children whose situation
requires the interference of the court, to make such disposition of
them as they are now bounJ and required to do, by the provisions of
the several acts of the General Assembly of this state.
Sec. 2. It is hereby enjoined and made the duty of each and every
Every justice justiee of the peace within this state to give information to the county
to give notice of courts in their respective counties, of any orphan child, or children
ail orphans to wjthin their knowledge, whose situation requires the interference of
the court. their respective county courts.
Solicitors to ®EC* solicitors are hereby directed in discharge of their
attend "to the official duties, to attend to the provisions of this act, which duties are
pr'visi'ne of this to be included in their ex officio services.
overseers and paper mills.
OVERSEERS.
17 41.—Chapter 24.
Section 26. If any person shall hire or contract himself to serve
as an overseer, either upon wages or share of the produce with any 1
person or planter whatsoever, within this government, and shall ab- before end of en-
sent himself or depart from the service of his master or mistress, be- easement,
fore the time mentioned in his agreement, or contract shall be ex-
pired, he shall for such offence forfeit his right and title to his wages
or share of the produce.
PAPER MILLS.
Sept., 1 8 0 9.—Chapter 59.
Section 1. All persons immediately in the employment of manu- Pei,gon< ein_
facturing paper, in any of the paper mills erected within this state, ployed in paper
or that may be employed in any mill hereafter to be erected, he, and milla,,ot subject
they are hereby exempted from attending musters in companies, re- except'on^aiiif'
giments or battalions to which they may belong: Provided, in all ca-
ses of calls for militia they shall be subject in the same manner as they
would have been had this act never been passed.
18 11.—Chapter 126.
Section 1. All persons who are owners of paper mills, or shall owners of, may
hereafter be, shall be allowed to employ some person to peddle and peddle for rags,
merchandize rags, without paying tax: Provided, nothing herein
contained shall authorize those persons to take or receive any money
or other articles for said goods but rags.
66
fartitiok.
PARTITION.
17 8 7 .—Chapter 17.
rive comm'rs Section 1. The judges of the circuit and chancery courts are here-
to parUtioiT'reai by required and empowered, on petition of one or more persons claim-
estate, ing the real estate of any intestate, to appoint five commissioners to
divide and appropriate the same, or so much thereof as shall be praj-
ed for, and the court shall judge proper and requisite according to law.
May eiiarge And further, said commissioners or a majority of Ihem, being first
dividend'foTthe swol'n t0 do justice among the claimants according to the best of their
inferior, to make skill and abilities, are hereby empowered to charge the more valua-
an equitable di- ble dividend or dividends with such sum or sums as they shall judge
vision. necessary to be paid to the dividend or dividends of inferior value,
c, -h— in order to make an equitable division. Which sum or sums so
Sum charged . . \ n .. « v .
to be paid in l charged shall be paid to the,owner or owners of the dividend or divi-
year. dends of inferior value, by or to the guardian or guardians, for and on
account of the minors, within one year after the commissioners shall
turn°under hand have made a return of their proceedings. And further, the said com-
and seal. missioners or a majority of them, are hereby required, as soon as they
can, to make a return of their proceedings and appropriations, under
their hands and seals, ascertaining with precision the different tracts
or parcels of land,' lots or houses, with actual surveys of the same
Return to be w^en necessary, to the court by which they were appointed. Wbich
certified and en- roturn and appropriation shall be certified by the clerk, and enrolled
roiled, and be jn his office, and registered in the office where such lands, lots, or
parties. '°U the houses respectively lie. And such return and appropriation shall
be binding and valid in, among and between the claimants, their heirs
and assigns lorever.
Court to allow Sec. 2. The said commissioners for ther trouble and services, may
tion c0,,,peilsa" take and demand, whatever the court by which they may be appoint-
10 ' ed, shall judge adequate to the trouble they may have been at, and
for the expenses incurred either to surveyors or otherwise. The
said expenses to be paid in equal proportions by the claimants; and
further, if said charges are not paid on return of their proceedings and
services, execution shall and may issue against the petitioner or pe-
titioners in the same manner as for the attendance of witnesses.
17 8 9.—CnAPTER 24.
Tenants in com- Section 1. Where real estate may be held by two or more persons
inon may have as tenants in common, they shall and may have the same liberty and
dedarpord'ine'Vo privilege of having their said estates divided as is provided by the
the act of 1787, act (1787, ch. 17) for dividing the estates of intestates; and the di-
ch'17- visions when made shall be good and effectual in law to bind the par-
ties, their heirs and assigns.
1794, Ch. 5, 5 4. (Manner of partition where deceased perstn has
given obligation for undivided part of tract. See Ad. and Ex.)
partition.
1799 —chapter 11.
Section 1. Where any person or persons now do or hereafter shall f(^.efo^rtiitoli!°is
hold any lands, tenements, or hereditaments, in fee simple, or for a p7esent\i/no\ice
less estate, as tenant or tenants in common, or as joint tenants, either by pui>ii-
or in coparcenary, or other undivided estate, and any one or more Ci*t10" °r by sf"
c u . A. i. •' A. A A. A A vice»1810 be g,r-
oi such tenant or tenants in common, joint tenants, or tenants en t0 the partie«
by coparcenary, or olherwise, is desirous of dividing and making concerned.
partition of the same, so as to hold his or their share therein, divided,
and in severalty, such person or persons being so desirous of making
such partition and division, shall previous to his or their presenting
a petition for that purpose, to any court having jurisdiction thereof,
advertise and publish such his or their intention, three different limes
at least, in some of the newspapers printed within this state, or shall
cause to be served on every person therein concerned, a notice in
writing, at least ten days previous to the time of presenting such pe- ticJeACday*' no"
tition, stating the time intended for presenting it and the court to
which such petition is to be presented. And no petition shall be
presented for the purpose aforesaid, until six months, {three, by act
1831, ch. 67,) after such publication, or in case of a service of such
notice, ten days after such service.
Sec. 2. Such publication or notice shall be considered as sufficient Such puwica-
information to all pers >ns concerned in such lauds and tenements, as *ion °I n,otice l®
. , . r c ■, , • be sufficient and
tenants in manner aforesaid, and a partition made in consequence the p'rtiiion will
thereof, shall be forever binding on all and every person or persons, be binding.
who shall or may have claim or title to any such lands, or parts
thereof, as tenant in common, joint tenant, or tenant in coparcenary,
or other undivided estate.
181 5.—Chapter 123.
Section 1. It shall be lawful for such commissioners as may be Comm'rgmay
hereafter appointed, by any of the courts of this state, having author-
ity to appoint the same, to divide all real estates whether held in joint value and not
tenancy or tenancy in common, and also all the real estate of intes- quantity,
tates, in proportions of equal value, and not quantity as heretofore
practiced.
1817.—Chapter 41.
Section 3. Where the heirs or legal representatives of any deceas- Where iand«
ed person shall inherit any real estate, and the same shall be situated ljeSln ® g"
in more counties than one, it shall and may be lawful for the chance- court of "either
ry or circuit court of any county, in which said land shall be, to ap- county may ap-
point so many persons, not less than five, as to said court shall seem p01nt C0,nra,^B•
proper, to divide and allot all of said lands in this state, amongst the
said claimants. And in making such partition, it shall and may be
lawful for such commissioners to divide said estate by tracts, if said
estate will admit of a division in that manner, or by dividing said
tracts or part thereof into smaller parcels, as shall seem right to
said commissioners, and to make division as nearly equal as may be.
Which partition and allotment shall be returned to the next term of
said court and be acted on as in other cases.
516
partition.
18 23.—Chapter 37.
When dower Section 1. Upon petition being filed by any heir or devisee of any
off to widow the deceased person, or by any one having an undivided interest in any
comm'rimay as- real estate, for the partition of said real estate, and the widow of such
■iga it. deceased person shall not, previous to the time of filing such petition
have had dower assigned according to the laws now in force and use,
it shall be lawful for the court in which the petition is filed, to appoint
five commissioners, whose duty it shall be, to make partition of the
whole of the real estate liable to such division, or so much thereof as
may be desired by the petitioner, in the same manner that partition
has heretofore been made of estates, first assigning, however, to the
widow, her dower of one third of the whole of said estate, which as-
signment of dower shall be binding: Provided, the petitioner shall
have published in some newspaper printed in this state for six (now
nofic«liCatI°n °r ^tree) months previous to his application, his intention to make such
1C ' application, or shall have given at least fifteen days personal notice
to the widow and other heirs or persons interested.
§ 2. (Commissioners need not assign one third of each tract, but
one third of the whole, according to quantity and quality. See Dower.)
port to nextVrt Sec.JI. Said commissioners shall report to the court by whom they
' are appointed, at the next term after they are appointed, and the
Compensation same proceedings shall be thereupon had as heretofore in cases of
ofcomm'rs to be partition, and such compensation shall be allowed the commisioners
fixed by court. for their services as the court may think right.
5 4. (To have dower in equitable as well as legal estates. See
Dower.)
1 8 2 7.—Chapter 54.
When land Section 1. Where the heirs or legal representatives of any deceas-
cannot be equal- ed person, shall inherit any real estate, and the same shall be so situ-
ly divided, etc. ate(j that partition thereof cannot be made, in the mode now pointed
it may be sold , , 1 , i , , , .r
on bill filed, % c. out by law, or where such estate may be of a description that it would
be manifestly for the advantage of the heirs or legal representatives
of such deceased person, that the same be sold, it shall and may be
lawful for any person or persons entitled to any part of such estate
to file his bill in the circuit or chancery court, of the county or dis-
trict where such lands may be situated, and upon satisfactory proof
that such real estate, cannot be equally divided among those entitled
thereto, or that it would be manifestly for the interest of such heirs
or representatives that the same should be sold, said court may pro-
ceed to decree that the same be sold upon such terms and conditions
as may seem most for the interest of the parties.
Proceeds of Sec. 2. Where any sale may be made under the authority of this
■ale to be divided act, the proceeds thereof shall be divided among the parties entitled
among parties, thereto, in the same proportions that they were entitled to of the real
estate sold.
Court to di. Sec. 3. Where any of the persons whose land may be sold under
rect the invest- the provisions of this act, are minors, under the age of twenty-one
mhiorsf fUndS°f 3'ears> ^ be ^uty °fthe court decreeing such sale, to direct
the manner in which the funds arising therefrom, belonging to such
PATROLS AND SEARCHERS.
517
minors, shall be appropriated; and if such court should deem it expe-
dient, said court may direct that said moneys be laid out in the pur-
chase of other lands for said minors.
Sec. 5. Suits prosecuted under this act shall be conducted in the ot®e",ueto^*tM
same way as other suits in equity, and sales made under this act, 8ultg> •
shall vest in the purchaser, a good and sufficient title in fee sim-
pie.
182 9.—Chapter 35.
Section 1. Where any real estate shall be held by two or more Tenants in
tenants in common, or as tenants in coparcenary and the same shall
be so situated that partitions thereof cannot be made in the mode
pointed out by law, or where such estate may be of a description that
it would be manifestly for the advantage of said tenants in common,
that the same be sold, it shall and may be lawful for such tenant or
tenants in common, to file his or their bill in the circuit or chancery
court of the county or district where such estate may be situated, where
the same proceedings may be had and decree made, as said act,
(1827, ch. 54) points out in cases of the heirs of persons dying intes-
tate.
18 31.—Chapter 67.
Section 1. So much of the act of 1799, chap. 11 as prohibits a Act of 1799,
petition for dividing and making partition of real estate, from being ch.ii, amended,
presented before any court having jurisdiction thereof, "until six
months after publication" according to the provisions of said act, be
and the same is hereby repealed.
Sec. 2. Hereafter no petition for division and partition of real es- No petition
tate, where the petitioner proceeds by publication, shall be presented ^li^ler
to any court having jurisdiction thereof, until three months after such publication is
publication -in the forms prescribed in the said act. made.
1835, Ch. 20, { 1. (Chancery and circuit courts concurrent juris-
diction in cases of partition. See Chancery Court.)
PATROLS AND SEARCHERS.
October, 17 7 9.—Chapter 7.
Section 3. The searchers in their respective districts shall search
once in every month for guns and other weapons*, and shall make To s??r,ch
.l c ii i. .u . • , onceamonthfor
return on oath ot all such guns or other weapons which they shall so guns and wea-
find to the succeeding county court, to be applied to the use of the p°ns» and mal£«
county or returned to the owner as the court may direct, and in case 10 c£unty
518
patrols and searchers.
8laves found off they find any slave or slaves on the Sabbath, or other unseasonable
master's pianta- time, off his master's or mistress' plantation, without a pass or in
denctTofgocufbe- company with some white person, who will vouch for his or their
havior to be ap- honest intention, it shall be lawful for them to apprehend such slave
prehended. or slaves, and convey or cause to be conveyed to the master, mistress
or overseer, who shall pay to the said searchers or patrols in like
manner as for apprehending and conveying runaways, as compensa-
tion for their trouble.
1 8 0 6.—Chapter 32.
Captains of Section 5. It shall be the duty of each captain of every militia
companieato ap- company in this state, as often as they may deem it necessary, to
point patrols. appoint patrols to act within the bounds of their respective compa-
and powers.UtiC8 nies > and such patrols when appointed, shall have power to search
all negro houses and suspected places within the bounds of their com-
pany, and every negro slave found at any such place, or off his owner's
plantation in the night time, without a pass in writing from his or her
Slaves to have master or mistress or owner, shall receive on his or her bare back
fifteen lashes, fifteen stripes, well laid on, under the direction of such patrol; and
every free negro and mulatto, so as aforesaid, taken up at unlawful
Free negro or hours, or in the company of any slave or slaves, shall receive the
m'latto thes'me: like punishment. The captains of their respective companies, shall
so lay off to each patrol by them appointed, such bounds as he may
deem proper, so that a patrol may be on duty as often as circum-
stances may require.
Town commis- Sec. 6. It shall be the duty of the commissioners of every tow n in
sionerato app'nt this state, to appoint patrols of their respective tow ns, for the pur-
patrols. pose of searching all negro houses and other suspected places, where
in TearchingT^ they may have reason to believe there may be any negro or mulatto
duties. concealed in the night time, or on a visit to such place, contrary to
the true intent and meaning of this act; and such patrols when ap-
pointed, shall have the power to search all negro houses and sus-
pected places within two miles of said town; and every negro or
slave found at any such place, or off his owner's plantation in the
night time, shall receive on his or her bare back, not more than fif-
teen stripes well laid on, under the direction of such patrol; and
every free negro of mulatto as aforesaid, taken up at unlawful hours,
or in company of any slave or slaves, shall receive the like punish-
ment.
Towns to be ®EC* commissioners of each town shall so lay off their respec-
so laid off, that tive towns, that a patrol maybe on duty every night; and wrhen
a patrol shall be fr0m the fewness of the citizens of any town, it shall be impractica-
right™"ever7 kle they shall so order that a patrol may be on duty as often as cir-
cumstances will require.
Sec. 8. Every person appointed a patrol by virtue of this act,whe-
to^erPrm^duU's ^er same he within a town or the country, and on being notified
to Ppay 'five doi- thereof in writing by the board of commissioners, or captain of a com-
iar». Pany, as the case may be, and shall fail, refuse or neglect to perform
strictly the duties of such appointment, shall for every such offence,
forfeit and pay the sum of five dollars, to be applied, if in the country,
towards lessening the county tax, and in the town, towards repairing
the streets thereof, and to be recovered by warrant in the name of
PATROLS AND SEARCHERS*
the chairman of the board of commissioners, for such town, or in the
name of the captain of such militia company as thecase may be.
Sec. 9. All forfeitures and penalties mentioned in this act, where forfeiture* and
no specific remedy is pointed out for the recovery thereof, shall be sued penalties, how
for by any person whatsoever, and before any jurisdiction having ,uod for'
cognizance thereof, one half to the use of such person, and the other
to the county, and applied to the lessening of the county tax.
1817.—Chapter 184.
Section 3. In all cases where, in the judgment of any justice of
the peace, a patrol will be necessary within the bounds of the district *7^"
in which he may reside, it shall and may be lawful for such jus- captain when he
tice of the peace to notify the captain or other officer commanding a thinks a patrol
militia company in said district, that in his judgment a patrol is neces- neceSBary'
sary, upon the receipt of which, it shall be the duty of such captain
or other commanding officer, to order out a patrol, and continue the
same, until the same, or some other justice, in the said company,
shall notify the officer that such patrol is unnecessary.
1831.—Chapter 103.
Patrol serving
Section 10. Every patrol or searcher who shall faithfully serve 3 months, to be
for the term of three months, as such, shall be exempt from attending muster working
musters, working on roads, and serving as jurors for the term of on roads, and
twelvemonths, and shall be entitled to any further allowance out of the serving as jur-
county tax, as the court shall think necessary and proper to be levied months'^cTelVe
off, and collected of the slaves of such county, subject to taxation.
Sec. 11. If any captain or other officer commanding, shall fail or captain failing
refuse to appoint and continue out patrols, agreeable to the third sec- t0 appoint pa-
tion of an act passed in 1817, ch. 184, then and in that case any jus- ^)ji^U8llcc may
tice of the peace of said company may appoint such patrols and
searchers with the same powers, and subject to the same duties and
penalties, as if they had been appointed by the captain or other com-
manding officer.
Sec. 13. Hereafter it shall be the duty of the patrols of this PatroJs
state, to search and patrol in their respective bounds, in the day as jnatthe
well as the night time, and have and exercise the same power to well as night
arrest and punish all slaves found under suspicious circumstances off t,me-
of their master's plantation, without a pass in writing, in the day
time as heretofore in the night.
520
payment penitentiary.
PAYMENT.
1801.—Chapter 6.
ma^be^leaded Section 66. In any action of debt on single bill, or in debt, or
t^bar? p ea e scire facias, upon a judgment, or in debt upon bond, if before action
brought the defendant hath paid the principal and interest due by the
defeasance or condition, he may plead in payment of bar.(a)
PENITENTIARY.
18 2 9.—Chapter 38.
Duty rof the Section 1. Whenever any person shall be sentenced to undergo
eourt on Lenten, confinement in the said jail and penitentiary house, it shall be the duty
eing offenders to of the court before whom such conviction shall be, during the same
the penitentiary. teraij to make and cause to be transmitted to the agent of said peni-
tentiary, a short report of the circumstances attending the offence
committed by such convict, particularly such as tend to aggravate or
extenuate the same; and also to report what character the convict
sustained upon the trial, and whether the court hath reason to believe
that at any time before, he or she hath been convicted of any felony
or other infamous offence; which reports the said agent shall careful-
ly file and preserve.
Duty of sher- Sec. 2. Every person convicted in any court of this state, of any
iffs in conveying crime or offence punishable by imprisonment in the jail and peniten-
criminals to the tiary house, shall, as soon as possible, after conviction, be safely re-
penitentiary. move(j an(j conveyed by the sheriff of the county in which the con-
(a) After property or money is paid to a creditor whom the debtor owes, on more than ane account,
he loses all power of directing on what account it shall be paid. The direction of the person paying must
be given at or previous to the time of payment. 1 Tenn. 488, 3 Hay. 140.
2. When the original demand is over $50, and is reduced below it by payments madeapon that account,
It is error to commence a suit in the county or circuit court; otherwise, if the demand be reduced by plead-
ing, a set-off. Cooke, 400.
3. Presumption of payment, from lapse of time, will arise, as well to a bond with a condition to deliver a
negro, as to one for payment of money. 3 Hay. 29.
4. When a bond is suffered to lie dormant for twenty years, the presumption of payment attaches, and on
that presumption alone, by the laws of England, the jury may return a verdict for the defendant, on the plea
of payment. Quere, Ifa much less time in this country will not raise the presumption. Peck.60-
5. Where A in payment ofa debt, endorsed to B the note of C, and by the endorsement "waived demand and
notice."—held, that although C was solvent, and remained so for fifteen months after the endorsement, before
which period no suit was brought against him by the endorser, still he was liable after the endorsement. 4
Yerg.192.
penitenTiar.it.
521
viction shall have taken place, to the said jail and penitentiary house,
and therein be kept during the term of his or her confinement in the
manner, and on the terms prescribed by law; and every sheriff who
shall neglect to remove, and safely deliver at the jail aforesaid, such
convict, shall forfeit all claims to compensation for such removal; and
shall moreover be liable to be proceeded against for a misdemeanor
in office.
Sec. 3. Whensoever any person or persons shall be sentenced to
undergo confinement as aforesaid, it shall be lawful for the judge or
clerk of the court, by warrant under his hand and seal, to empower
the sheriff charged with the conveyance of such prisoner or prison-
ers in all counties and places through which he shall pass with him
or them, to impress, upon the best terms be can, such, and so many
men, not exceeding two for each convict, except in cases hereinafter
provided for, and so many horses and water crafts as shall be neces-
sary for the safe conveyance of the said prisoner or prisoners to the
said jail and penitentiary house; which warrant the said sheriff is
hereby required to execute, and to his commands, in virtue thereof,
all persons are to pay due obedience. Whenever, in the opinion of
the said judge, the safe conveyance of any convict will require a
stronger guard than is above allowed, he may direct the additional
number to be impressed.
Sec. 4. If, by any attempt to rescue a convict on the way to the Authorized to
. .. 7 J , J .,r c j . , J summon add It i-
penitentiary, or by any other unforeseen danger, it may become es- ti0nai guard if
sentially necessary, for the safe conveyance of such convict, to sum- necessary.
mon a stronger guard than the sheriff conducting the prisoner may
have been authorized to summon, it shall be lawful for such sheriff
to summon such additional guard as shall be essentially necessary
for that purpose, and the said additional guard shall be paid as other
guards, on the oath of the sheriff, that he or they were essentially
necessary, and the officer making the payment, being satisfied of the
truth thereof.
Sec. 5. The sheriff and guard attending any prisoner or prisoners,
by virtue of a warrant issued under the provisions of this act, shall be from arrest, ex.
privileged from arrest in all cases, except treason, felony, and breach- cept in certain
es of the peace, during the time that they are employed in conveying cases>
such prisoner or prisoners to the penitentiary house, and in return-
ing therefrom, allowing one day for every twenty miles from their
place of abode.
Sec. 6. The officers for the governmenfand management of said pen- officers of the
itentiary, shall be as follows, viz: five inspectors, three of whom thelr^uties^and
shall constitute a board; one agent, who shall also be the principal salaries,
keeper, and shall reside in the prison, and have sufficient apartments
for the accommodation of himself and family therein; and shall re-
ceive a salary of one thousand dollars per annum, together with ne-
cessary fuel and stationary; one clerk for the prison, who shall re-
ceive a salary of five hundred dollars per annum; one physician or
surgeon, who shall receive a salary to be agreed on between the in-
spectors and physician, not exceeding three hundred dollars per an-
num; one deputy keeper, who shall receive a salary of five hundred
dollars per annum, and so many assistant keepers or turnkeys as shall
be found necessary, who shall each receive a salary of two hundred
d ollars per annum; of whom as many as shall be necessary, shall be me-
chanics conversant with the trades at which the prisoners under their
67
Sheriffs to be
empo'ered to im.
press men, hors.
es etc. to aid in
the conveyance
ofcriminals.
penitentiary.
chargejrespectively may be employed; and such assistant keepers, so
employed, shall receive an additional salary of fifty dollars each,
yearly. The clerk, physician, deputy kr Jper, and assistant keepers
herein provided for, shall not he appointed until the board of visitors
shall deem them to be necessary.
Sec. 7. The governor and secretary of state, for the time being,
inspec'ore— shall be members ex-otficio of the board of inspectors, and the govern-
pointed*1 h0Wov w^en Present, shall preside as chairman; the other three inspec-
tors shall be appointed once in two years by joint ballot of the Gen-
era! Assembly, and shall hold their offices until a new appointment
be made; and the governor shall have authority to call the said in-
pectors together at any time when circumstances render it necessary;
and the duties of said inspectors shall be discharged without com-
pensation.
Agent and phy* Sec. ® The agent, physician or surgeon, and clerk of said prison,
ician how ap- shall be appointed by the inspectors of said prison, and shall hold
pointed. their offices respectively, during the pleasure of the said inspectors.
A sent to app'int Sec. I). The agent ©f said prison shall appoint the deputy keeper
andUturnkeysPer an<^ turnkeys of said prison,who shall hold their respective offices
at the pleasure of said agent.
Privileges of ^EC* The said inspectors and all other persons holding appoint-
inspectors and ments or offices in said penitentiary, shall be exempted, during their
other officers. continuance in office, from serving on juries, and from militia duty,
and from working on the public roads,
inspector not Sec. 11. No person acting as an inspector of said penitentiary,
to be appointed shall be competent to receive the appointment of agent or any other
not' to' be con! appointment therein; nor shall the inspectors or agent, or any other
cemed in con. officer or person employed in said penitentiary, be directly or indi-
tracts for the reC|jy concerned in any contract, purchase or sale, for, or on account
peni en l y. ^pr-gon
Powers and Seo. 12. The inspectors shall have a room appropriated to their
duties of inspec- use in the building, where a majority of them shall meet monthly, and
tors* as much oftener as they may deem expedient, and shall have the
general superintendence and control of the penitentiary, and may re-
quire stated reports in writing from the agent, physician or clerk,
upon the condition of the establishment; and the said inspectors shall
have full power to make rules and regulations for the internal police
and government of said prison; Provided, such rules and regulations,
be not inconsistent with the rules and regulations hereinafter provi-
ded, or with any other provisions of this act, or of any other law of
this state.
inspectors to Sec 13. The inspectors of the penitentiary, shall at some time dur-
lature.10 1Cea* *n£ ^rst wee^ of each stated session of the legislature, transmit
to the legislature, a report exhibiting a complete and comprebem ive
view of the transactions of said prison duiing the preceding two
years; of the number of convicts confined in the prison; of the dif-
ferent branches of business in which they are employed, and ihenum-
ber employed in each branch, and the profit or loss arising from each.
When convict Sec. 14. The inspectors of the penitentiary may remove the con-
mnybe removed victs in said prison to such place or places of security inth's state as
from peuitentia- they may judge fit, if in their opinion, the approach ofanv hostile force,
ry' the prevalence of any epidemic, infectious or contagi ius disorder, or
other urgent occasion, shall render it expedient and proper.
Sec. 15. The agent of the penitentiary, shall, previous to entering
PENITENTIARY.
523
upon the duties of his office, execute a bond to the governor of the Agent to exe-
state, with sufficient sureties in the penal sum of twenty thousand , "reeVerin" ^
dollars, conditioned for the faithful performance of the duties of his ins duties. °
office according to law.
Sec. 16. The business and dealings of the prison shall be transact- .Poverof*jj"t
ed by, and in the name of the agent thereof, and each agent and his j,a sil egg"8*"11"15
successor in office, shall, by the name of agent, be capable of suing
and being sued in all matters concerning or arising out of the busi-
ness and dealings of the prison; and it shall be the duty of the agent
to collect and enforce the payment of all debts due to the institution
as soon and with as little expense as possible.
Sec. 17. It shall and may be lawful for the agent to take charge r°P™rd *0
of any property in the possession of any of the prisoners, at the time the management
of their entering the prison; and on the application of any prisoner oftheprop'rtyof
confined in the said penitentiary, the said agent is hereby empower- the Prisoners:
ed to collect, sue for and receive any goods, chattels or money, due
or belonging to such prisoner, and to keep a correct account thereof,
and to pay the amount to such prisoner when released, or to his or
her legal representatives, first deducting therefrom the expense
which has been incurred in his transportation to the prison, and
keeping there, over the value of his work; and also such expenses as
may have been incurred on his account by the county in which his
conviction was had, to be paid by the agent to the trustee of such
county; and if no demand should be made upon such agent by any
representative of such convict, within twelve months after his dis-
charge or decease in the prison, then such agent shall pay the amount
into the treasury of the state.
Sec. 18. It shall be the duty of said agent to keep a correct account Agent to keep
of all moneys received and disbursed by him on account of the pen- ln acc0,int. of
. J . , m xiey re-eivert
itentiary, and to furnish to the inspectors at their montnly meeting a and disbursed,
regular statement thereof; and the said agent shall, in the first week of aid make re'prt
each stated session of the legislature, render to the legislature a full and t0 the Iesls,jl're
true account of all moneys received and paid by him on account of
the prison, which shall be certified by the inspectors to have been
duly vouched; and also an inventory of the goods, raw materials and
property of the state on hand, exhibiting a complete detail of the
transactions of the prison for the last two years; to all which ac-
counts there shall be an attestation on oath by the agent or clerk of
the prison, that the said accounts are correct and true in every res-
pect to the best of their knowledge and belief.
Sec. 19. It shall he the duty of said agent, in the first week of To report ail
each stated session of the legislature, to make a report to the speak- convlct.s pardon:
_ , n ■ en, discharged
er of the senate, and to the speaker of the house of representatives, or dead etc. at
of the names of all convicts pardoned, discharged or dead, during the each -esaion of
preceding two years, stating particularly the crimes for which they the ,egislature'
were convicted, the date of their conviction, and of their pardon, dis-
charge or death, the period of time for which they were sentenced,
the counties in which they were convicted, their age, sex and color,
the ch iracter borne by the convict in prison, and in the case of death,
the particular disease of which the convict is supposed to have
died.
Sec. 20. All money received by the agent of the prison, on account hw duty in
of the prison, shall be by him deposited in some bank, to be approved re,ationreggj^gj"
by the inspectors of the prison, to the credit of such agent; and all expVituresm'de
524
penitentiary.
and the transae. accounts for the purchases and supplies for the use of said prison, and
ry affair«?CUn a other expenditures in relation thereto, shall be approved by at
least one inspector, before the same shall be allowed; and all checks
for the payment thereof, shall be countersigned by an inspector, and
contain the name of the person for whose account they were drawn,
before the same shall be paid at the bank; and it shall be the duty
of the clerk of the prison carefully to preserve such accounts, and to
enter them at large in books to be provided for that purpose; and
whenever any supplies for the prison shall be purchased, it shall be
the duty ofthe agent to take bills theretor at the time of such purchase,
and the clerk shall compare such bills with the articles delivered at
the prison, and if he find them correct, shall enter them in books to
be provided for that purpose.
To purchase Sec. 21. It shall and may be lawful for said agent, under the di-
raw materi'is for rection of said inspectors, to purchase such raw materials as he may
manufacture. <jeera necessary to be manufactured and used by the convicts in the
said prison, to be paid for by the said agent, out of any money in his
hands appropriated to the prison.
Sec. 22. It shall be the duty of the agent to attend both day and
f agentBl dUtlCS night at the prison, except when performing some duty connected
with his office, and to exercise a general superintendence, care and
control over the subordinate officers of the prison, and the prisoners
confined therein.
Sec. 23. It shall be the duty of the physician of said penitentiary,
sician.68 ° Piy" keep a register of all the sick convicts placed under his charge,
stating the disease with which they may be afflicted, and the date of
their entering and leaving the hospital, and the cause of the disease,
when the same can be ascertained; and also a register of all diseas-
ed convicts, stating the names, ages and place of birth, and such
register shall always remain at the prison and be open to inspec-
tion.
Agent todr'w Sec. 24. It shall be the duty of the agent, by all proper means, to
on treasurer. cause all the expenses of the prison to be defrayed, as far as is prac-
ticable, by the labor of the prisoners; and for all deficiencies, the
inspectors of the prison, or a majority of them, are hereby authoriz-
ed to draw upon the treasurer of West Tennessee, at such times
and for such amount as may be required by the necessities of the
institution; Provided, that the sums that may be drawn in any one
year except the first, shall not exceed five thousand dollars; and
the sum drawn for the first year shall not exceed ten thousand dol-
lars.
[Euies for the Sec. 25. The following shall be the fundamental rules and regu-
penitentiary °f lati°ns f°i' the government of the penitentiary, which shall in no wise
be altered, repealed or evaded by any rule or practice ofthe inspec-
tors or the officers, viz:
Males "and fe. Rule 1st. The male and female convicts shall, at all times and on
males to be kept ajj occasions, be kept separate and apart from each other,
scpara e. Each male convict shall be lodged at night in an apartment
separate from all others, except in case of sickness, when in the opin-
ion of the physician it may be expedient to remove him to the hospit-
How lodged
at night.
How-to labor 3rd. The male convicts shall labor together in work shops during
during the day. the day, at such employments as shall be best suited to their age,
strength and capacity; and the inspectors of the prison are hereby
PENITENTIARY.
625
authorized to require the employment at all times of a sufficient num-
ber of persons as assistant keepers, to prevent any communication
between the prisoners while at work.
5th. If any prisoner shall neglect or refuse to perform the labor Refractory
assigned to him, or shall willfully injure any of the materials, instru- pushed. h°W
menls or tools entrusted to him, or shall engage in conversation with
any other convict, either by words, gestures or signs, or shall in any
other manner violate or infringe any regulation of the penitentiary,
he shall be punished by solitary confinement, upon a diet of bread and
water, for a period of not exceeding thirty days for each offence, at
the discretion of the agent; and the agent, deputy keeper, or either
of the assistant keepers, shall have power to commit the offender to
solitude immediately upon the commission of the offence; Provided,
that when a convict shall have heen thus committed to solitude by a
deputy or assistant keeper, the fact shall be forthwith reported to the
agent, who may direct the offender to be detained in solitude for the
above period.
6th. It shall be the duty of the agent to make a written report once t0 uieTnspecujra
in each week to the inspectors, of the name of each person committed offen<ier«P and
to solitude as aforesaid, with a statement of the nature of his offence, their punisb'ent
the date of his commitment, and the period for which committed;
which reports shall be filed and recorded by the clerk o f the
prison.
7th. If it shall appear to the inspectors or a majority of them, that Duty of inspee-
the punishment of solitary confinement so reported to them was pro- tors on such oc.
perly inflicted, they are hereby required to certify the same on the casions-
record containing the name of the convict, and then and in every
such case, there shall be added to the original term of imprisonment
of such convict, five days for every day so passed in solitude, which
time such convict shall be compelled to remain in the penitentiary,
unless pardoned by the governor.
8th. In cases where personal violence is offered by a convict or Where convicts
convicts, to any officer, or to another convict, or where an attempt is offervio,ence»
made to escape, or to do injury to the building, the said officers shall
use all necessary means to defend themselves, and to secure the per-
sons of such offenders.
9th. Each convict shall be provided with a Bible, which he shall be Each convict
permitted to peruse in his cell at such times as he shall not be requir- with\ttb"e.hed
ed to perf >rm prison labor.
10th. No spirituous or fermented liquor shall be introduced into Spirituous H-
the prison, except such as the agent may use in his own family, or as iXaduced^into
may be required for the hospital department; and every deputy or the prison,
assistant keeper, who shall suffer any spirituous or fermented liquor
to be used by, or tobegiven to any convict, shall forthwith be dismiss-
edfrom office, and forfeit all wages due to him, and be liable to a pen-
alty of one hundred dollars,to be recovered as debts to the like amount
are recovered, and to inure to the use of the prison.
11th. No convict shall, in any case or under any pretence what- t0 fpeak'ufeach
ever, speak to another convict, unless by the express permission, and other,
in the presence of the agent.
12th. No assistant keeper shall say any thing in respect to the
police of the prison, in the presence of a convict, unless it is in the w5t^or aslant
way of directing him in his duty, or admonishing him for his delin- keepers.
526
penitentiary.
quency; neither shall he hold common place conversation with con
victs, or allow them to speak to him on any subject, except on neces-
sary business.
Duty of agent 13th. It shall be the duty of the agent, upon the receipt of any
on the arrival of convict, totake his or her. height, and cause the name to be entered
a convict. jn a b00k} jn which he shall also note when such convict was received,
his or her name, age, complexion, colored hair and eyes, the county
in which convicted, the nature of the crime, period of confinement,
and place of his or her nativity.
To cause the 14th. Every prisoner shall be carefully searched and deprived of
searchedt0 be any iastrument by which he or she may effect his or her escape, be-
fore he or she is received into the penitentiary.
Employment 15th. The particular employment of each prisoner shall be such
of convicts. ag ^ keeper may consider best adapted to his or her age, sex, and
state of health, having due regard to that employment which is most
profitable.
16th. The agent shall take care that the prisoners wash themselves
tend8"" the°pres" every morning and before meals, and put on clean linen at least once
erv'tion ofciean. a week, when all the males shall have their beards close shaved, and
convicts"1'18 tiie their apartments be swept every morning, and fumigated during
the summer and fall seasons, once a week or oftener, with tar or
vinegar.
17th. The agent shall cause all the rooms and cells to be num-
telxainm'd eve- bered, and divided into as many wards as there may be assistant
ry morning. keepers, allotting to each ward, as nearly as may be, an equal num-
ber of rooms and cells, and of the said wards to such assistant, whose
duty it shall be, under the direction of the agent, to examine every
evening, the doors, windows, beds and rooms of the prisoners belong-
ing to his ward, to search and lock them up before dark, and not to
permit the convicts to carry into their cells any instrument that may
assist them in escaping; and also to extinguish carefully all the fire
in the work shops.
A«ent to in- 18th. It shall be the duty of the agent carefully to inspect the
conduct*'o™pri- m01'a^ conduct of the prisoners; to furnish them wilh such moral and
aoners. " religious books as shall be recommended by the inspectors; to pro-
cure the performance of Divine Service on Sunday as often as is
practicable, and to enjoin upon the subordinate officers, and upon the
convicts, a strict attention to all the rules of the institution.
To distribute 19th. The agent shall, from time to time, under the direction of
books among the inspectors, distribute among the prisoners, such cheap books as
tJ»em. are calculated to improve the mind and meliorate the heart; and the
acting inspectors shall report to the executive, such of the convicts
as may distinguish themselves for their industry and their good morals,
and who, by an exemplary line of conduct, may have evinced a total
reformation.
Duty of deputy 20th. It shall be the duty of the deputy and assistant keepers
and assistant to continue at, all times in the penitentiary at night, and to keep
keepers. watch in such manner as the agent may direct.
21st. The diet of the prisoners shall in quality and quantity
Diet of prison. be such as shall be directed by the board of inspectors, and the pro-
erB' visions shall be sound and wholesome, and served at the ringing of a
bell, at the sound of which all the prisoners shall assemble, except
the sick, who shall be furnished agreeably to the dir<cti<»ns of the
attending physician.
penitentiary.
52?
22nd. Each convict shall receive at his or her discharge, a sum convicts to re-
not exceeding ten dollars, at the discretion of inspectors, to enable «eive a sum of
him or her to reach his or her place of residence. charged!*1611 ***'
The provisions of this section may be altered or modified on the
recommendation of the agent, and by the unanimous opinion of the
board of inspectors.
Sec. 26. Such of the foregoing rules, and any others which may
be adopted by the board of inspectors, with which it may be neces- printfdula"d°set
sary that the convicts should be acquainted, in order that they may Up in penitea-
conform themselves thereto, shall be printed with a type sufficiently tiary.
large, and put up against the wall in the work shops, and one in each
cell, so that each convict may be well acquainted with the rules of
the prison, and of the penalties provided for a violation of them; and
the said rules shall be read and explained by the agent to each new
convict on his admission into the penitentiary.
Sj:c. 27. No person except the inspectors and officers of the pri-
son, the judges of the several courts, grand jurors, ministers of the p^tt'd w'risi*
gospdl, members of the General Assembly, or persons producing a the interior of
written license signed by two of said inspectors, shall be permitted the Prison-
to enter within the walls of the penitentiary.
Sec. 28. Any person convicted in this state, and sentenced to the t^°"vitets "nd"
penitentiary under the authority of the United States, shall be re- upstates to
ceived into the penitentiary, in such manner, and under such condi- be received,
tions as may be directed by the board of inspectors.
Sec. 29. If any offender sentenced to hard labor shall escape, he Escaping an
or she shall be indicted for an escape, and on conviction thereof, shall j."d|,gtabIe of*
suffer such additional confinement and hard labor as the court in which
such offender shall be convicted, shall direct.
Sec. 30. The trial of prisoners escaping from the penitentiary, Prisoners—
shall be had for such escape before the circuit court of Davidson ^jeTfo/rBcap'
county; and prisoners so escaping shall remain in the penitentiary, ing-
and be treated as other convicts after their apprehension, until such
trial shall take place; upon which, trials the copies of the records
transmitted to the*keeper of the penitentiary relative to the former
trial of such prisoners, shall be produced and filed of record in said
circuit court, and considered as evidence of former conviction.
Sec. 31. If any person or persons convicted of any offence, and of rebellion in
confined therefor in the penitentiary, shall openly rebel with intent u^h-'
to kill the keeper or any other officer of said penitentiary, or with ment> 8 n
intent by open violence to escape therefrom, he, she or they, so of-
fending, shall, on conviction, be punished by confinement for life;
and if any two or more persons thus confined, shall conspire together,
f »r the purpose of committing such offence, and shall not have carried
ti irsa d purpose into execution, such persons shall be deemed guilty of
a high misdemeanor, and upon conviction thereof, shall be sentenced
to undergo a further confinement in the said penitentiary for a term
not less than fou?, nor more than ten years, to commence at the ex-
piration of the terms of time respectively, for which said persons were
under ; entence of confinement when such offence was committed, if
such term oe not expired when such judgment is pronounced.
Sec. 32. To bring the persons charged with any of said offences fr'cess f'r bring-
before the circuit court of Davidson county for trial, the judge shall b!™
issue his warrant under his hand and seal to the agent of said peniten- fore thejudse of
tiary, directing him to bring such person or persons before the said Davidson circuit
523
penitentiary.
court, as well any other person or persons confined therein, who may
be witnesses either for or against the prisoner, which warrant the
said agent shall obey; and the court shall proceed with the trial in
the usual way.
Sec. 33. Where any convict in the penitentiary is a competent
witness in any civil cause depending in any court of this state, and
his testimony is required, the same shall be taken bj commission,
and read at the trial of such civil cause, and in no civil case shall
such convict be removed from the penitentiary 1o give personal at-
tendance at court; but before such commission issues, the party or
his or her agent or attorney, requiring such commission, shall file an
affidavit with the record of the proceedings, that the convict to be
examined is a material witness in the cause.
Mode of pre* ®EC* or^er to prevent the introduction of contagious disor-
venting conta- ders, every person who shall be sentenced to hard labor in the peni-
gious disorders, tentiary, shall be washed, cleansed and kept entirely apart from the
other prisoners, until it shall be certified by the attending physician,
that he or she is fit to be received among the other prisoners.
Sec. 35. It shall be the duty of the agent to cause the clothes of
Clothes of the the prisoners when received into the penitentiary, to be washed and
convicts when carefully put away, putting a ticket with their names on each, to be
washed!' tb be returned to them on their discharge; or if it should be the wish of
any of the prisoners, that their clothing should be sold, he shall dis-
pose of them to the best advantage, and retain the money arising
from such sale to be returned to such prisoners on their discharge.
Sec. 38. All convicts shall be clothed during the term of their con-
convicts.1 nS ° finement, in comfortable garments, of coarse and cheap materials,
uniform in color and made, with some peculiarities by which they
may be distinguished from the citizens of the state; the quantity of said
clothing to be determined by the board of inspectors.
Sec. 37. The agent of said penitenliary, the deputy keeper, the
other'officers "of turnkeys, and all other officers of the prison, shall give bond and
the prison to security for the faithful performance of their respective duties, as
give iiond and may required by the board of inspectors, and before they enter
secur ty. Up0n their several duties, shall take and subscribe the following oath,
to wit:
"7 do most solemnly swear, (or affirm,) that I will faithfully and
diligently execute all the duties required of me as in the peni-
Form of oath. fenfiary. and will carry into execution the laws and regulations pas-
sed and prescribed for the government of said institution, so far as con-
cerns my said office; and I also, most solemnly swear, [or affirm,) that
I will on no occasion, ill treat or abuse, any convict under my care, be-
yond the punishment ordered by law, or the rules and regulations of the
institution. So Help me God.'1
18 31.—Chapter 82.
Fourth rule Section 2. The fourth fundamental rule for the government of the
repealed! * penitentiary is hereby repealed, and the following inserted in lieu
thereof, to wit:
Letters to be A" letters, sent to or from any of the convicts, shall be first opened
read by keeper, and read by the keeper; and if nothing appears therein improper or
unsafe to the institution, and the correspondence be on necessary
business, or between the convict and his family or near relations,
When convicts
are witnesses in
courts of justice.
PENITENTIARY.
.529
then said letter shall be by him delivered or forwarded as desired; and
any relation or friend shall be allowed, in said keeper's presence, to
speak to any of said convicts in any case, when the condition of his
property or family may require it; and all information concerning
the convicts shall be furnished to their friends on personal applica-
tion, or by letter, post paid, directed to the keeper.
18 31 .—Chapter 86.
Section 1. Where any sheriff rfiay convey any convict to the sheriff to be
penitentiary as required by the act if 1829, ch. 38, he shall be enti- Paid by treaau-
tied to receive the compensation hereinafter mentioned, to be paid keeper^receipt
to him by the treasurer on the production to said treasurer, of the
receipt of the keeper of the penitentiary for such convict, and also
the affidavit of said sheriff, sworn to before the keeper of the peni-
tentiary, who is hereby authorized to administer the oath, stating the
number of miles on the usual route from the place of the criminal's
conviction to the penitentiary, and the number of guards necessarily
employed to insure the safe conveyance of such convict, and the dis-
tance each of said guards may have traveled.
The said sheriff shall, for every twenty-five miles he may neces-
sarily travel, in going to and returning from the penitentiary, be allow- sheriffs' fee»
ed for himself, two dollars; for each guard, one dollar and fifty cents; convicts."*6*111'
and for each convict, one dollar, to be paid by the treasurer to the
sheriff as above directed, from whom each guard shall be entitled to
receive the compensation hereby allowed them; and shall be enti-
tied to receive from the treasury the amount paid by him for himself,
guard and convict or convicts, for ferriages and tolls in transporting
such convict to the jail and penitentiary house.
Should any sheriff convey more than one convict to the peniten-
tiary at the same time, he shall not for himself be entitled to more
than the two dollars for every twenty-five miles allowed him as
above.
The deputy or agent of any sheriff* who may have heretofore or
may hereafter convey any convict to the penitentiary, ag is re-
quired by law of the sheriffs, shall, upon producing the receipt
and making the affidavit above specified, be entitled to receive the
compensation hereby allowed to the sheriffs, and shall pay to the
guards their respective portions as the sheriffs are directed to do. sheriff to bear
Sec. 2. The sheriff and guard shall each defray their own expenses i,is own expen-
out of the compensation allowed them by this act. sps*
Sec. 3. (Duty of jailors to receive and keep for the night convicts
on the way to the penitentiary, without fee. See Jails and Jailors.)
Sec. 4. All fees, heretofore paid by any person conveying a con- fUrther expen-
vict to the penitentiary for the safe keeping of any convict daring sesprovided for.
the night, or any other time when on his way to the penitentiary,
shall be paid to such person by the treasurer at the same time he
pays the expenses of the transportation of such convict, upon affida-
vit being made of the amount so paid to any jailor or jailors.
Sec, 5. In all suits in behalf of the state where the offence is pun- Stata t0 pay
i^hable by confinement in the penitent'ary, the cost shall be coat in ail pent-
paid by the state, under the same provisions and restrictions as are off,ncen.
now prescribed by law in capital cases, and the same shall be charg-
ed hv the treasurer to the penitentiary.
68
430
penitentiary.
183 3.—Chapter 21).
sheriff may Section 1. The oath required to be taken by the several sheriffs
swear to acct. of this state before the keeper of the penitentiary or state prison,
before judge, may hereafter be taken and subscribed to before any judge or justice of
p. or keeper, gj ^ peace jn state, which shall be as good and valid as if taken
before said keeper.
18 3 5.—Chapter 63.
To amend the Act o/T829, ch. 38.
Guard tobc able Section 1. The guard which the sheriffs, by the 3d and 4th sec-
men« tions of the above recited act, are authorized to summon to assist in
conveying convicts to the penitentiary, and to prevent their rescue,
shall consist of able bodied men, who shall not be under eighteen
years of age.
Repeal of law Sec. 2. So much of the 20th section of the above recited act, as
requiring coun- requires all checks given by the agent and keeper of the prison for
teriign on ch'cks moneys he may have, as such agent and keeper, deposited in any
bank, to be countersigned by any inspector before the same shall be
paid by the Bank is hereby repealed; and hereafter it shall be
the duty of the inspectors of the prison to make a full settlement
with the agent and keeper of his accounts at the termination of every
quarter of a year.
Sec. 3. The 27th rule, under the 25th section of the before recited
act be, and the same is hereby repealed; and the 37th rule un-
Unrepealed11161 ^er sa^ ^5th section be, and is hereby likewise repealed, except so
far as relates to the taking bond and security from the agent and
keeper, and the deputy keeper, and except so much as relates to the
oath to be taken, by all the officers of the penitentiary.
Sec. 4. For the encouragement of the prisoners to conduct them-
•f Jmmronm'nt! selves with industry and propriety, it shall be the duty of the Gover-
nor, whenever it appears from the weekly reports of the agent and
keeper that the conduct of a prisoner has been exemplary and unex-
ceptionable for a whole month together, to commute such prisoner's
term of imprisonment for any period of time not exceeding two days
for each and every month that he may so have conducted himself.
Sec. 6. It shall be the duty of the superintendents of the peniten-
Hospital io te tiary,'as soon as practicable hereafter, to cause te be erected under
•rected.j their inspection, within the walls of said prison, a new and substan-
tial building, suitable for a prison hospital, which shall be of such
dimensions, and upon such plan, as may seem to said superinten-
dents, and the physician in the employment of the institution, best
calculated to promote the health of the sick, and contribute to their
safety. The expense of erecting said building shall be defrayed out
of the proceeds of the labor of the convicts in said prison, and any
funds derived from that source, which the agent and keeper ma\
have received, shall be subject to be appropriated in that way.
Breah of rules Sec. 7. If any convict or prisoner confined in ihe penitentiary,
punished by ex- shall violate any of the rules and regulations for the government of
iy h» ctorsime penitentiary, as prescribed in the act of 1829, ch. 38. and «=hn11
POlSOxVlNG- FISH POOR.
531
render himself liable to the punishment prescribed by the fifth rule
of the 25th section of said act, it shall be the duty of the agent or
keeper, to report the same to the board of inspectors at their next
monthly meeting, and said board shall thereupon inquire into the
truth of the case; and if upon such inquiry it shall be ascertained
that such convict has violated any of said rules and regulations, said
board shall determine the number of days such convict or prisoner
shall serve at the expiration of his term for such offence; and the
punishment herein prescribed may be substituted by said board in
lieu of the punishment by solitary confinement, as prescribed in the
5th rule of the 25th section of said act.
POISONING FISH.
18 3 3 .—-Chapter 74.
Section 1. It shall not be lawful for any person or persons to kill N#t t0 pot*"*'
or destroy the fish in any of the waters in this State, by putting any
poisonous substance in said waters.
Sec. 2. If any person or persons shall violate the provisions of the Penalty for v
first section of this act, he, she or they shall be liable to pay the sum latiae>
of ten dollars, to be recovered before any justice of the peace in this
state, in the^county where the offence may have been committed, one
half of said sum to be paid to the informer, and the other half to the
commissioners of the common schools, to be applied for the uses of
said schools.
POOR.
179 7.—Chapter 5.
Section 1. The justices of the peace in each county in this state county court
are hereby required and empowered to take cognizance of all the poor t0 provide for
persons in the county, whom they or a majority of them may adjudge thNot°bound to
proper to be supported at the charge and expense thereof: Provided, do so unless such
No person shall be entitled to the benefit of this act who has not been P°°r Per30n has
an inhabitant of the county, by actual residence for one whole year, county.6 ****
next preceding such application.
Sec. 2. The said justices, or a majority of them, shall if necessary Co. c'rtto i*y
assess and levy a tax,on the taxable property and polls, in each conn- • poor tar.
POOR.
t*, respectively, for the maintenance and support of such poor pci-
son or persons.
Sh'ffto collect ^ec. The sheriff in each county, respectively, shall (ollect the
ho same. said tax, in each and every year, under the same rules, regulations
and restrictions as other county tax: Provided, nothing shall Le re-
ceived in payment thereof but money; and the said sheriff'in < ach
and every year, shall pay the amount of the said tax, after deducting
his commissions and such allowances as shall by the court be admitted
for delinquents, to the trustee of the county, on or before the twenty-
fifth day of December in each year, and shall take receipts accord-
ingly.
Duty of co. Sec. 4. The trustee of the county shall and is hereby required to
trustees in dis. pay the money by him received from the sheriff in virtue of this act,
bursing the same ^ person or persons who shall be authorized to receive the same,
Requires a ma- an order of the justices of the court, signed by the clerk thereof
jority to make and the county trustee shall carefully preserve all such orders: Pro-
such disburse- vided, no such order shall be allowed unless a majority of the justices
ments. counj.y present in court.
tDuty ofci'k in Sec. 5. The justices as aforesaid, shall cause the clerk of the
entering names court to enter on the journals or minutes thereof, the name, age and
of poor, #c, condition as near as may be, of each poor person, whom they shall ad-
judge proper to be supported at the charge of the county, at the time
of each adjudication, and also, theyr shall cause to be entered thereon,
the quantity of allowance by them decreed for his or her support; a
copy of which entry, signed by the clerk of the court and a ceitiffcatc
of the amount of the poor tax, by him also signed, shall be given to
the said trustee, and the said trustee is hereby required to enter the
same on his book.
Proceedings vs Sec. 6. In case of failure, neglect or refusal of the sheriff to pay
to'^account ^ for amount P001'tax?to the trustee of the county, as by this act
■aid&money. ^ required, it shall and may be lawful for the court of the county in
which such sheriff lives, on motion of said trustee, to enter up judg-
ment against such sheriff and his securities, at any time either before
or after the expiration of his office, for all such sum or sums of money
as he may be chargeable with, by virtue of this act, and execution
thereupon shall issue against the goods and chattels, lands and tcne-
ments, of su.ch sheriff and his securities: Provided, the sheriff shall
have written notice of such motion, twenty days previous to making
thereof.
Trustee to ac- Sec. 7. The trustee of the county shall once in every year at the
count ev'ry year ]yxay term of the county court, settle and account with the justices of
the county in which such trustee lives, for all sums of money which
he may receive in virtue of this act, deducting his commissions; and
Balance bow if any balance does remain over«nd above what will appear by the
disposed of. order or orders as aforesaid by him to have been paid, and disbursed,
such balance or balances shall be applied to discharge any arrears
that the county may owe for the support of the poor; and all such being
paid, afterwards such balances shall remain over in his hands, as a
fund in aid of the poor tax of the next succeeding year; and if an;
Penalty on fail* trustee shall fail,neglect or refuse to settle the account as by this a< 1
wre* required, he shall forfeit and pay a sum equal to double the amount
of the poor tax laid by the court, for the year in which he shall make
such failure, refusal or neglect, to be recovered by action of del I,
POOR.
533
with costs of suit, in the name of the presiding justices of the court,
and to be applied to the use of the poor of the county.
Sec. 8. The clerk of the court in each county respectively, being C1,k to produce
thereunto required, shall produce to the justices of the court assessing list of taxable
the said poor tax, a list of the taxable property, negroes taxable by property to jus-
law inclusive, and also the number of taxable free persons in the lces'
county, as ascertained by the county roll of the preceding year;
and it shall also be a duty of the clerk in each county, to ascertain the
said tax in the roll for collection of the state and county tax, and the
justices of the court in each county shall make such compensation to c,^tobe paid,
the clerk for his services enjoined by this act, as in their discretion
they shall deem just to be paid out of the county tax.
Sec. 9. The county trustee shall be allowed the sum of two and a of^u™
half per centum, as compensation for receiving and paying away all cent"* ** P*
moneys by virtue of this act.
1809.—chapter 25.
Section 1. It shall be the duty of all the county courts in this state Poo* tax to be
to lay the poor tax of their respective «counties, at the same time poin- *1"®
ted out by law for the laying of the county tax. ° ayms c°''
18 2 0.—chapter 11.
Section 1. It shall and may be lawful for each individual in this Articles ex-
state, against whom an execution may issue, to select and set apart empted from ex-
one cow, or cow and calf, one bedstead and bed, containing not more ecution for debt''
than twenty-five pounds of feathers, two sheets, two blankets, and
one counterpane; one half dozen knifes and forks, six plates, one dish,
one basin, one pot, one dutch oven, and one spinning wheel, one pair of
cotton cards, one chopping axe, if eo much they may have, and if not, so
many of the articles above named as they may have; which articles,
such individual shall be protected in the enjoyment of, and they shall
not be liable to be taken or seized on, by virtue of any execution what-
ever; and if any levying officer shall presume to act in contravention
of this act, or attempt to evade the same, it shall be deemed a misde- Misdemeanor
meanor in office and be punished according to law, and shall more-
over be liable to an action at the instance of the party aggrieved VB "
tliereby, and it shall be the duty of the justices of the peace, or clerk Duty of jus-
who issues any execution upon judgments, rendered upon contracts !ic6Jr.clfk(®n
hereafter entered into, to endorse on the back of the execution at wsulllg*ex cu 10n
what time said contract was entered into.
18 21.—chapter 22.
Section 1. The clerks of the different courts of record in this state, Poor persona
shall on the application of any poor person who shall take the oath security
hereinafter prescribed, issue any writ or writs original or writs of
subpoena according to the nature of his cause, either in law or equity
without demanding security, or pay, or reward for the same. (Re-
stricted by 1829, ch. 83, under this head.)
poor.
Sec. 2. Before any clerk shall issue the process mentioned in tin
above section, the said applicant shall take and subscribe before the
clerk and which shall be endorsed on the writ, the following oath:
oath to be ta- B., do solemnly swear, that owing to my poverty, I am not able
shaiwssue.to bear the expenses of the law-suit, which I am aboutto commence, and
that I am justly entitled to a recovery from the defendant or defend-
ants, to the best of my belief; an amount within the jurisdiction of the
court, in which I am about to commence my said suit.
SO HELP ME GOD.
c'rt to appoint Sec. 3. At the term at which such writ or writs shall be returned,
CoorSperf°ornBUCh ** the ^uty the court to appoint some counsel, able and
learned in the law, to attend to and manage said suit or suits, for said
poor person without any fee or reward for the same.
Depositions of Sec. 4. Whenever any witness or witnesses shall be subpoenaed
takenSSin ^uch *° attend to any such suit or suits commenced and prosecuted under
suits; the provisions of this act, and shall desire to be discharged from fur-
ther attendance, it shall be the duty of said court to cause the depo-
sition or depositions of said witness or witnesses to be taken on such
terms as the said court in their discretion may direct,
if allegation ®EC* return term, if it shall appear to the said court, b>
ofpov'rty be un- the affidavit of one or more disinterested person or persons, that the
true or suit fri. said allegation of poverty made by the plaintiff is probably untrue, or
%!!n*BtnorhJnj!* that his cause of action is frivolous or malicious, the said court shall
ciuus to ue ais. , , • »
missed. ' be, and is hereby authorized to dismiss the same.
182 7.—Chapter 20.
lObis.ofcom Section 1. It may be lawful for any person in this state against
and 300 weight whom an execution may issue upon any contract made after the first
ed from^xecu- of January next, to set apart ten barrels of corn, and three hun-
tion. dred weight of pork or bacon, as the case may be, if such they have,
or so much thereof as they or either of them may have, which pro-
perty any such person or persons as aforesaid shall be protected in
the enjoyment of, in addition to the articles allowed by and under the
regulations and restrictions prescribed by the first section of an act
passed July 28, 1820, ch. 11.
18 2 9.—Chapter 88.
To amend the Act of 1821, chap. 22.
Section 1. No action of malicious prosecution, false imprisonment
Ucious"prosecve or f°r slanderous words, whether written or otherwise, shall be pro-
Hon, false im- secuted under the provisions of the act which this is intended to a-
siander^not to menc* > an(^ *n cases hereafter, where any suit may be depending
be^brought un. any °f the courts of this state, under the provisions of the said act,
der pauper laws, where the same shall be decided against the party prosecuting under
sutts^decided^vs Provisi°ns of said act, it shall be the duty of the court to render
pauper,Tudg't to judgment for the cost, as in other cases: Provided, that no execution
be given for costs shall issue against the said party, whereby his body shall be arrested,
toksue' sa' n0t kut that a Jfierifacias only shall and may issue to collect the same as
issue; otjjer cageg<
POOR.
535
18 3 2.—Chapter 35.
Section 1. The act of 1827, ch. 20, shall be construed, so as to Act of 1827,
include hogs, that have been fattened for pork, and not killed, as well t* ^j^8 hos*
as those that have been actually slaughtered, and converted into the 1 8 '
same: Provided, that three hundredweight only of such fat hogs shall
be exempt from execution.
183 3.—Chapter 2.
Section 1. Where any person or persons shall die, leaving a wife, Property ex-
or a wife and children, or absconds and leaves his family, then,
and in that case, the articles and property now exempt, or which may
hereafter be exempt by law from execution sale, shall and may be
set apart for the use of the widow, or wife, in the same manner, and
to the same extent, that said property is now exempt from execution
where the husband is living.
18 3 3.—Chapter 80.
Section 1. In addition to the property heretofore exempt from ex- Additional ex-
ecution by the several acts of the General Assembly of this state, emptions of pro-
there shall also be exempt in like manner, in the hands of a person £u[fonfrom
engaged in agriculture in like manner from executions issuing upon
judgments founded upon contracts entered into from and after the
first day of February next, one plough, one hoe, one set of geers for
ploughing, one iron wedge and one farm horse, mule or yoke of oxen.
Sec. 2. There shall in like manner be exempt, one set of mechan- One'setofme-
ical tools, such as is usually employed by, and necessary for one work- chanical t0°
man at any particular trade: Provided, the defendant in the execu-
tion who"may claim the exemption in such set of tools, shall usually
follow such trade as an employment.
Sec. 3. All property exempted from execution by this act and all ^ f^t^nfavor
former acts of the General Assembly, shall in like manner be exempt o^wMowa^or
in the hands of the widow, executor, administrator or heirs of a de- heirs,
ceased debtor.
Sec. 4. All property exempt from execution by this act, as well as 0^grxaet^ipt1i8nsatt8
all fdrmeracts of the General Assembly, shall also be exempt from tachment.n *
seizure by attachment.
Sec. 5. The benefit of this act shall extend only to the heads of fsj Extend only
families. ȣ*
183 3.—Chapter 89.
Section 1. The respective trustees of each county in this state, Trustees [of
shall be required to pay, out of any county moneys in his hands not £ay
otherwise appropriated, the price ofa coffin for the interment of any fi°nr pauper 8 c
pauper in the county in which said trustee belongs, a sum not ex-
ceeding five dollars.
Sec. 2. Said trustee shall not pay for said coffin, unless the ac- Affidavit to be
count of the claimant is accompanied with an affidavit, showing the made-
value of snid coffin, and that it was furnished for the interment of a
poor house.
pauper in said county, and that the claimant has no other means of
obtaining payment; of the truth of which said trustee shall he satis-
fied.
Sec. 3. The receipt of such claimant for monejs paid under
Claimant's re- the provisions of this act, shall be a sufficient voucher to said trustee
voucher"0*1 »n the settlement of his accounts.
POOR HOUSE.
18 2 6.—Chapter 5G.
Section 1. The county court of Anderson county, may at their
of ^Anderson hrst or second session after the first day of January next, a majority
county, may lay of the justices being present, lay a tax on taxable property in said
tax for building county, not exceeding in amount the state tax, for the year eighteen
poor ouse. hundred and twenty-four, and continue the said tax as long as it may
be necessary to raise funds to procure the necessary land for a site,
and to erect the necessary buildings for the accommodation of the
poor of said county^ which tax shall be collected by the sheriff of
said county, and be accounted for and paid over to the treasurer for
said institution, to be appointed by said court as hereinafter directed,
under the same rules and regulations as are by law prescribed forthe
collection of other county taxes.
Sec. 2. The said court may at the same time at which the first tax
Commissioners shall be laid, appoint three commissioners for said institution, who
contract for & shall have power to select a suitable site for a poor house in said
building. county, and purchase as much land as they may deem necessary to
carry into effect this act, and take a conveyance to themselves, and
their successors, for the use of said county, and contract writh some
proper person or persons for the erection of suitable buildings there-
on, for the accommodation of the poor, on such plan, and under such
rules and regulations as said county court, a majority of the justices
being present, may prescribe. ~ *
Sec. 3. At the time said commissioners may be appointed, said
One com- court shall designate one of them to he treasurer of said institution,
treasurer. be wh°se duty it shall be to receive all taxes and other moneys which
His duties. may be laid and collected for or in any manner appropriated to the use
of said institution, to take care of such moneys and pay them to such
person and at such times, as said court, a majority of the justices of
said county being present, may from time to time direct; and such
To give bond Person before he enters upon the duties of his appointment, shall
and security. give bond and security, in the sum of one thousand dollars, to the
chairman of said court, and his successors in office, wTith a condition
thereto annexed, that if he shall well and truly receive all taxes and
other moneys which may he laid-out and collected for, or in any man-
ner appropriated to the use of said instifuton, take care of the said
moneys, and pay them to such persons and at such times as said court
POOR HOUSE.
537
direct,and in all other respects faithfully discharge his duty as a
treasurer of said institution, then said obligation shall be void, which
shall be deposited with the clerk of said county court, and there safe-
ly kept; and suits may be commenced thereon as often as occasion
may require, and said bond shall not be void on the first recovery,
but may be put in suit as often as may be necessary, until the whole
penalty shall have been recovered.
Sec. 4. Each of said commissioners shall, before he enters upon to take an oath
the duties of his appointment, take an oath before said county
court, that he will well and truly discharge the duties prescribed by
law, for the commissioners of the poor house for Anderson county.
Sec. 5. Said county court may apply all such county moneys not Count court
otherwise appropriated to the use of said institution, that they may t0 make^ppro-
deem proper, and make such compensation to said commissioners and priations.
trustee for their services as they may deem proper.
Sec. 6. So often as the treasurer or either of the said commission- county court
ers may die, resign or remove out of said county, said county court t0 mi vacancy-
shall appoint a successor, who shall have the same power, take the
same oath, and perform the same duties, and in the case of treasurer,
shall give the same bond prescribed by this act.
Sec. 7. The several county courts of this state, may and are here- The several
by authorized to embrace and carry into execution the several provi- "anthaveroah"
sions contained in this act, for and on behalf of their respective coun- benefits ^ this
ties. act.
182 7.—Chapter 112.
Section 1. An act of the General Assembly passed 29th Novem- Act of 1826
ber 1826, entitled an "act to authorize the county court of Anderson revived-
county, to build a house lor the accommodation of the poor, and for
other purposes," is hereby revived, continued and made perpetual,
and to have the same force and effect as though it had never been out
of force or use.
Sec. 2. Hereafter the county courts of the several counties in this the county
state, are hereby authorized to lay such a tax as is authorized by the courts of the se-
act this is intended to continue, and make perpetual at any term of m^y'iayTaTfor
their several courts; and if such sums raised by such taxes be insuf- building poor
ficient, they may levy further additional sums for that purpose, in the houses,
manner ami for the purpose in said act contemplated.
Sec. 3. The county courts, a majority of the justices being pre- committee of
sent, who shall take or accept of the provisions of this act, shall an- three to be an-
nually appoint a committee of three persons whose duty it shall be to "0UejJmjne0ina'^
examine all applicants for admission into the poor house, and recom- pucants!"6 &P
mend or reject the applicants, as they shall think right: Provided, Applicant may
That any applicant, who may have been rejected, may appeal to the court.'tocounty
county court, and be examined and recommended or excluded by said
court, as it shall think right.
Sec. 4. All applicants recommended in either of the ways herein ad^![taPplicanta
before provided, shall be admitted into the poor house under the regu- a mi e '
lations of the act this is intended to revive, continue and amend.
Sec. 5. The persons appointed a committee of examination be- committee to
fore entering on the duties by law prescribed, shall take, in open takc oa
court, an oath to do and perform faithfully all the duties by law re-
quired of them.
69
538
FOOR WOTTSt.
Sec. 6. The committee of examination, shall, upon entering" upon
the duties of their office, or as soon after as may be necessary, pre-
scribe such rules, regulations and provisions for the management of
the farm, and the treatment of the poor persons placed in said houses,
prescribing the maimer in which they shall live, sleep, be clothed,
and labor, if any of them be able to do so; also to appoint a suitable
person as keeper or superintendent of the establishment, whose duty
it shall be to superintend and manage said establishment, and the per-
sons therein placed, under such rules, regulations, provisions and di-
lections as said committee shall prescribe, and who shall give bond
in the sum of five hundred dollars for the performance of his duties as
prescribed by law, payable to the chairman of the county court, to
the use of the poor establishment of the county, and to take an oath
in open court to do and perform all his duties as superintendent of
said establishment, faithfully, honestly and impartially.
Sec. 7. If, from any cause whatever, the office of one or more of
County court gajj cemmittee of examination become vacant, the respective county
In comrnittee"^ courts shall fill such vacancy; and if said superintendent die or quit
his office, or is removed, the committee of examination shall appoint
another ; and all persons appointed to any of these vacancies shall
qualify in the manner herein before prescribed, before entering upon
their duties.
Committee ma ®EC* The committee of examination shall, at all times, have the
remove superhf- power of removing said superintendents, for failing or neglecting to
tendent. perform their duty, or for incapacity.
Sec. 9. The superintendent shall, every year, at the court imme-
Superintendent full expose of the condition of the establishment, the number of the
to make annual diately preceding the expiration of his term of service, make out a
r' poor persons placed in it, their diseases, maladies, ages, sexes, the
expense of the establishment, the production of the farm, and every
thing he thinks will be necessary to a full understanding of the state
of the establishment.
Sec. 10. The committee of examination shall at all times have
Committee may power to alter, change or modify the rules, regulations and provi-
alter rules. &c. sj0ns which by this law they are authorized to make.
Sec. 12. The several county courts of this state shall from time to
^ Count^court tjme appropriate such sums of the moneys levied for that purpose, or
propriations for °f any other disposable funds in their treasuries, to the support ot the
poor establish- poor establishment in their counties, and to the enlargement of the
ment" buildings, and such other purposes as they may think necessary:
Provided, The county court shall, in all cases, pay a reasonable
compensation to such superintendent and commissioners for their ser-
vices.
1831.—Chapter 89.
Section 1. In all the counties of this state, which have heretofore
or may hereafter establish a poor house, the county courts shall annu-
County court ally appoint a committee, consisting of two persons, and a treasurer,
treasurer°& t * o w^° a^s0 a member of said committee, in addition to his du-
commissioners, ties as treasurer.
Sec. 2. Said treasurer, before entering upon the duties of his office
Treasurer to shall give bond in the sum of one thousand dollars, for the perform-
give bond; ance 0f his duties as prescribed by law, which bond shall be made
Committee to
make rules for
the poor hous s.
PRAO'JirK.
659
payable to the chairman of the county court for the use of the poor
establishment.
Sec. 3. The treasurer and other two members of the committee, Treasurer %
before entering on their dnties, shall take in open court an oath to commission'rsto
do and perform faithfully, all the duties by law required of them, and tBke oath-
said committee of three, have the powers, and shall perform the
duties of a like committee, under the laws which are now in force.
Sec. 4. The sheriff of each county in which a poor house is or sheriff to pay
may be established, shall pay over directly to the treasurer of the over moneys to
poor house, where one has been appointed, as contemplated by this trea,urer*
act, all such moneys as shall be appropriated by the county court for
that establishment.
PRACTICE.
1 7 9 4.—Chapter 1.
Section 14. When any sheriff shall return, that he hath taken the entgf
body of any defendant, and committed him to the prison of his coun- deftg' ^ar"nce
ty, (which is hereby declared to be the proper prison for such com- when in prison,
mitment,) the plaintiff may enter the defendant's appearance, and
shall be at liberty to plead, as if such appearance had been entered
by himselfj and the plaintiff may proceed to judgment as in other
cases; nevertheless, the defendant shall not be discharged out of cus-
tody, but by putting in bail, or rule of court.
Sec. 18. In case any plaintiff shall obtain judgment final, at the Writ of inquiry
first term to which the process shall be returnable, on an action of "r J°n ^"ency
debt, it shall be lawful for him to execute his inquiry as to the value first term,
of any foreign currency or money, for which the suit may be brought
at the same term in which such judgment shall be Entered or ob-
tained.
Stc. 26. The following rules and methods, shall be observed in
the circuit courts:
Every plaintifl, or his attorney, when employed in any suit, in any To file declare,
of the courts of this state, shall file his declaration in the clerk's office tion in 3 dar?«
any time within the three first days of the term to which the writ is
made returnable, and on failure thereof, such suit shall be dismissed
by the court at the cost of the plaintiff.
The defendant shall appear and plead or demur within the first Deft, to appear
three days after the time allotted for filing the declaration, otherwise in.3 dfys after
the plaintiff may have judgment by default, which in actions of debt fihng d claratlon
shall be final, unless where damages are suggested on the roll; and
in that case, and others not herein specially provided for, when the
recovery shall be in damages, a writ of inquiry shall be executed at
the next succeeding term: Provided, That where the tenure of the
action requires special pleading, the time for pleading may be en-
larged.
540
PRACTICE.
Piff. to reply Where the defendant pleads specially, the plaintiff shall repl> or
in 3 days. demur within three days after the time allowed for filing the declara-
tion, or a non pros, may be entered by the defendant; and if the
plaintiff replies, and in his replication tenders an issue, the defendant
shall join issue, or demur in three days, otherwise the plaintiff may
Rejoinder in 3 have judgment; and where the defendant rejoins to the plaintiffs re-
day®. plication, he shall file his rejoinder within three days, or judgment
shall go against him, unless the time for pleading shall be enlarged
as aforesaid: and the same time shall be given, and rules observed
through the whole course of the proceedings.
Special verdict Where a special verdict shall be found, a case agreed, a demurrer
£c. time allow- filed, or a bill of exceptions to the evidence tendered, time shall be
cd- allowed upon motion of either party, to the next term to argue the
same.
Jury causes; All jury causes shall be first tried,
All motions in arrest of judgment shall be argued within the three
Arrest of judgt. last days of the term in which the issue shall be tried, the defendant's
attorney first serving the plaintiff's attorney with a copy of the rea-
.sons in arrest of judgment, the day immediately following that on
which such motion shall be made.
Arguments. Arguments on writs of error, special verdicts, cases agreed, de-
murrers, petitions for legacies, and distributions of intestate's estates,
shall be heard upon the four last days of the term.
Plea in abate- No plea in abatement shall be received in any of the said courts,
ment. unless the party offering the same shall by affidavit or otherwise
prove the truth of such plea.
Where a plea in abatement shall be pleaded, and upon argument
Coats on plea the same shall be adjudged insufficient, the plaintiff shall recover
in abatement, against the defendant full costs to the time of over-ruling such plea,
including the costs of court, and the plaintiff in replevin, or defen-
dant in any other action, may plead as many several matters as may
be necessary for his defence, so that he be not admitted to plead and
demur to the whole.
18 0 1.—chapter 6.
Section 57. Papers read in evidence, either in law or equity,
out "sf ere tak° though not under seal, may be carried from the bar by the jury.
°Utnonsuit Sec. 58. Every person desirous of suffering a non-suit on trial at
on' ' law, shall be barred therefrom, unless he do so before the jury retire
from the bar.
Sec. 59. (Not more than two new trials. See New Trial.)
Detinue. Sec. 62. If in detinue, the verdict shall omit price or value, the
court may at any time award a writ of inquiry to ascertain the same.
If on an issue, concerning several things in one count in detinue, no
verdict be found for part of them, it shall not be error, but the plain-
tiff shall be barred of his title to the things omitted.
Sec. 63. When there are several counts, one of which is faulty,
Several count* and entire damages are given, the verdict shall be good; but the
and one defect. piajntjg- may apply to the court to instruct the jury to disregard such
faulty count.
PRACTICE.
541
180 3.—Chapter 2.
Section 5. Ia all civil cases before the jury is sworn to try an ^0411
issue, the clerk shall read over the names of the jurors on the panel,
in the presence and hearing of the parties and their counsel.
1811.—Chapter 114.
Section .1 la any. matter or suit now depending in any of the fiIe own
courts in this state or which may be hereafter brought as aforesaid, plea.
it shall be lawful for either plaintiff or defendant, to enter his, her, or
their own plea, and defend his, her or their own cause, and if the
cause of action is founded on a specialty, note or liquidated account
(signed by the parties) no declaration shall be required of the plain-
tiff, but the suit shall be tried in a summary way without pleading in
writing and no instrument of writing, shall be lost or destroyed for
want of form, if it contains sufficient substance, any law to the con-
trary notwithstanding: Provided, nothing herein contained shall be
so construed as to prevent any defendant to file his pleas in writing,
either by himself or attorney.
1813.—Chapter 136.
Section 4. In all prosecutions on behalf of the state, as well capi- Nolle prosequi,
tal as inferior offences, it shall not be lawful for the attorneys or so-
licitors prosecuting on behalf of the state, to enter the nolle prosequi,
unless by consent of the court.
1819, Ch. 27, 5 2. (Instrument not under seal sued on before a
justice or in court to be produced. See Promissory Notes.)
18 23.—Chapter 48.
Section 2. It shall not he lawful for any of the judges of the courts Certain rule
in this state, by rules for the regulation of their practice, to prohibit £ot. be made
any of the parties, agents, or attorneys from attending and cross-ex- yKUfe*of the
amining any witness, whose depositions may be taken in any suit or supreme court
suits depending in said courts, and the rule of the supreme court on reacmded-
that subject, is hereby rescinded.
182 7.—Chapter 79.
Section 8. When any demurrer, either general or special, shall be Demurrer to
filed in any cause, the same shall stand for argument at the first term, jjrgued first
and if the same be not heard and determined at the first term, or if filed m*
at any other than the first term, if the same be overruled, a writ of in-
quiry may be awarded, and shall be tried at the same term unless good
cause for continuance be shown by affidavit as in other cases.
1833, Ch. 15,} 1. (In equity where defendant's residence is un-
known court may order publication. See Chancery Court.)
642 PRISON BOtlNfi.
18 3 5.—Chapter 8.
Section 1. Whenever a cause is taken up for trial in any of the
circuit courts of this state, if it shall be desired by either of the par-
ties that the presiding judge shall deliver to the jury a written charge,
it shall be the duty of the attorneys employ ed, on the opening of the
cause, to deliver to the said judge a brief statement in writing, of the
different points on which they expect to rely, in all which cases it
shall be the duty of the said judge to deliver a written charge on the
several points of law contained in said statements, which said charge
and statements shall be filed with the papers in the cause and consti-
tute part of the record: Provided, that should any other points arise
in the progress of the cause other than those contained in said state-
ments, it shall be the duty of said judge, upon being requested in writ-
ing so to do, to deliver a written charge thereon; and provided fur-
iher, that said judge shall not hereby be prevented or restricted from
embracing in his written charge, any other points upon which he
may deem it essential to charge the jury and which have not been
embraced in the statements of the attorneys.
Sec. 2. The provisions of this act shall extend to criminal cases,
upon the statement of the attorney general or attorney for the de-
fendant, in the same manner as is pointed out in the preceding sec-
tion.
1835.—Chapter 87.
Section 1. In all suits which may hereafter be commenced against
two or more defendants, it shall be lawful for the plaintiff or plain-
tiffs, at any time during the pendency of such suits, to enter a nolle
prosequi, as to any one or more of said defendants, and proceed as to
the remaining defendant or defendants, as though suit had been ori-
ginally instituted against him, her or them alone.
PRISON BOUNDS.
1741.—Chapter 18.
prisoners ai- Section 3. For the preservation of the health of such persons as
low'd the prison shall be committed to the county prisons, (except for treason or felo-
rule®itby glving ny,) by giving good security to the sheriffof the county, to keep with-
seeur y. .q ^ prjson ruies> the prisoner shall have liberty to walk therein
out of the prison; and every prisoner giving such security, as afore-
said, and keeping continually within the said rules, shall be, and is
hereby adjudged and declared to be, in law, a true prisoner.
Written ch'rges
to be given by
circuit judges.
Extend to cri-
mlnul cases.
Pl'ff may en.
ter iion pros, at
any time.
PRISON BOUNDS.
543
17 5 9.—Chapter 14.
Section %. All and every bond or bonds which shall hereafter be Prison bounds
given in pursuance of the act of 1741, ch. 18, by any person or per-
sons committed on a capias ad satisfaciendum,, shall by the sheriff tak- &fpt in° clerk's
ing the same, be assigned to the party at whose instance such person office,
or persons was or were committed to jail, and shall be returned to the
office of the clerk of the court from whence such execution issued,
there to be safely kept and shall have the force of a judgment; and if
any person who shall obtain the rules of any prison, upon giving bond U{5on e8cape
and security as aforesaid, shall escape out of the same before he shall of prisoner, c'rt
have paid the debt or damages and costs, according to the condition ™ar™otex£c„°i(£
of such bond, it shall be lawful, and full authority and power is here- 0n the bond,
by given to the court where such bond is lodged upon motion of the
party for whom such execution issued, to award execution against
such person and his securities for the debt, or damages and costs, with
interest, to be computed from the time of such escape till payment;
and no person or persons whatsoever who shall be committed to jail
on any such execution, shall have or be allowed the rules of any pri-
son, but shall be kept in safe custody in the prison, to which he or
they shall be committed, until the whole debt or damages, with inter-
est and cost shall be fully paid and satisfied, (a)
Sec. 3. Such obligor shall have ten days previous notice of such Ten daya'no-
motion in writing, and the obligors in such case, shall not be admit- tice of the m0'
ted to plead non est factum in their defence, unless they shall by affi-
davit, prove the truth of such plea.
181 5.—Chapter 90.
Section 1. When the person of any debtor shall hereafter bo
confined in execution for the space of twenty days, and the plaintiff
and his attorney reside out of the county in which said debtor is con-
fined, it shall be lawful for the sheriff of said county to give thirty
days' notice by advertisement in some newspaper published in the
district; and if no person comes forward and enters into bond with
sufficient security for the payment of the prison fees, then and in that
case it shall be lawful for the sheriff to discharge and set at liberty
such debtor or debtors.
1 821.—Chapter 11.
Section 1. In all cases which are or may be depending in the Bail surrenders
courts of law or equity in this state, where any person or persons ™ ^ the
may be surrendered, by his or their bail, in the discharge of them- 8
selves, it shall and may be lawful for the person or persons so sur-
rendered to take the benefit of the prison rules of the county, under
the same rules, regulations and restrictions, prescribed for .the bene-
fit of defendants a rrested and in custody under a writ of capias ad
sati faciendum.
(a) In a proceedingby motion on prison bounds bond, against the principal and his securities, the motien
must be made on the day speeified in the notice, and cannot be made afterwards. 6 Yerg. 811.
Prisoner con-
fined for 20 days
(the pl'ff residing
out of the co'ty)
may be discharg.
ed on 30 daya
publication. &c.
544
PRISON BOUNDS.
18 21.—Chapter. 28.
Bounds Of the Section 1. The bounds and prison rules in each county in thin
county towns to state, shall extend to, and be the bounds and limits of the county town
be prison bounds accorcjjng to its present bounds, or as it may have been laid off by the
commissioners or trustees who may have surveyed, laid off, and es-
tablished the same, and all sheriffs, coroners, jailors and constables
are hereby required to take bond from parties in custody on capias
ad satisfaciendum, or other final process, conditioned to remain and
continue within the bounds of the county town of their respective
counties, under the same rules, under which^ said bonds are now ta-
ken, to remain within the prison rules as established by the county
Proviso—as to courts: Provided, nothing herein contained shall be so construed as
Davidson co'nty to reduce the limits of the prison bounds, for Davidson county or to
prevent the county court of said county from continuing the prison
bounds of said county so as to include the whole of the six hundred
and forty acres originally called the French lick reservation.
18 24.—Chapter 11.
} 1. (Security for prison bounds may deliver to sheriff. See Secu-
rities.)
Sec. 2. Where any person or persons shall take the benefit of the
prison rules or bounds under the existing laws of this state, and he,
she or they do not avail themselves of the provisions pointed out by
law, within fifteen days thereafter, by taking the oath or oaths pre-
scribed by law for insolvent debtors, or by surrendering a schedule of
his, her, or their property, as by law directed; then and in that case,
such person or persons so taking the benefit of the prison rules or
bounds and failing or refusing to comply with the laws in such cases
made and provided, within the time aforesaid, shall thereafter pay
for their own board and other expenses, and the sheriff of the county
in which said person or persons shall so take the benefit of the prison
bounds shall not be bound for his, her or their support, nor shall the
plaintiff in the action in which the process of execution issued, bo
bound to pay for his, her or their board, as by law he is at present
bound.
Prisoners fail,
ing to take oath
of insolvency,
#c. for 15 days,
to pay their own
board.
182 5.—Chapter 83.
Prison rules Section 1. The prison rules shall extend to and include the whole
to include the 0f the bounds of the county town or corporation, in each county and
county town. ^ ^ koun(js cf any town shall be enlarged by any act of assemblj,
the prison rules shall also be enlarged and embrace the limits of the
whole town so enlarged.
PRIVATE WAYS PROCESS.
PRIVATE WAYS.
1785, Ch. 24. (Penalty for obstructing ways to church. See Pub-
lie Worship.)
1811.—Chapter 60.
Section 1. When the lands of any person shall be surrounded or Private waya
enclosed by the lands of any other person or persons who refuse to to be allowed by
allow to such person a private road to pass to or from his said lands, county court on
it shall be the duty of the county court, on petition of any person peti,'ion-
whose land is so surrounded, to appoint a jury of view, who shall, on
oath, view the premises and lay off and mark a road through the
land of such person or persons refusing as aforesaid in such manner
as to do the least possible injury to such person and report the
same to the next court, which court shall have power to grant an or-
der to the said petitioner, to open such road, not exceeding fifteen
feet wide, and keep the same in repair, and if any person shall there-
after shut up or obstruct said road he shall be liable to all the penal-
ties to which any person is liable by law for obstructing public roads:
Provided, the damage adjudged by the jury aforesaid shall in all cases Petitioner to
be paid by the person applying for such order, together with the costs coS^B<dama8eB &
of summoning and empanneling said jury.
1 8 2 0.—Chapter 137.
Section 2. In all cases of private ways the jury of view may m/ur^e°fr][ie^
make report to the court from which the order issues and such the^j^Tcourt
report shall be as good and effectual in law as the same would be, granting the or-
if returned to the next term of said court. der of view.
PROCESS.
constitution, article vi, section 12.
1777, Ch. 8, § 5. (Sheriff to go to house of defendant. $ 6. Not
to be served on Sundays, nor on witnesses, jurors, etc. See Sheriff.)
70
546
PROCESS.
1 7 87.—Chapter 19.
No leading pro- Section 1. No writ or other leading process returnable to any of
cess the courts of record within this state, shall be granted by the clerk or
given6 fo" costs his assistant in office, but under the following regulations andrestric-
and damages, tions, to-wit; that the clerk, either by himself or his deputy, before is-
suing any writ or other leading process, take sufficient security of the
person so applying, conditioned that they will prosecute such suit or
suits, they may so commence, and in case of failure of such prosecu-
tion pay to the defendant all such costs and damages as may be a-
warded against him by the court having cognizance thereof.
certain entry gEC g. Where any clerk either by himself or his deputy in office,
to be made on , „ . . .1 * 1 1 n „ .1r J • .
the issuance of s"a" issue any writ or other process, he shall enter the same into a
process. book by him to be kept for that purpose, together with the names of
the plaintiff and the defendant, the place of their abode, the name of
the security or securities for obtaining such writ, and the place where
they live, and have the same before the judge of the court where he
may so officiate as clerk, subject to the examination of such court.
Forfeiture for gEC 3 jp any cierk either by himself or his assistant in office, shall
issuing process . . J . , ,. J . . , . . ' ..
vs the provisions issue any writ or other leading process otherwise than by this act di-
of this act| rected, he shall pay to the defendant the sum of two hundred and fifty
dollars, to be recovered by action of debt in the court where such
offence shall have been committed, and also shall forfeit and pay the
sum of one hundred and ffty dollars, for every offence so committed
by such clerk or his assistant in office, recoverable in any court of
record having cognizance thereof, one half to the use of the person
suing for the same, the other half to the use of the poor of the county.
1 7 8 9.—Chapter 57.
Where def'ts Section 1. It shall be lawful in all cases where there are two or
live in different more defendants for the plaintiff, in any suit in courts of law, or equi-
counties, process . ., f ' , J , ,. ' a
to issue to each, ty, to issue writs or subpoenas, as the case may be, directed to the
sheriff or coroner of each of the counties, where the defendants are
most likely to be found, noting cn each process that they arc issued
in the same suit, and when the same are returned they shall be d<« k-
eted in the same manner as if only one had issued. And in case any
defendant or defendants should not be served with such process, the
same proceedings shall be had as in cases of other similar process
which has not been executed.
17 9 4.—Chapter 1.
ci'k or attor* Section 9. The clerk or attorney issuing process shall mai k
ney issuing pro- thereon the day on which the same shall be issued; and the sheriff or
cess to mark the other officer receiving the same in order to execute, shall in like
d&The sheriff to manner mark, on each process, the day on which he shall have re-
do the same. ceived it; and every clerk, attorney, sheriff or other off'cer ntglect-
For eiture of jng so to do shall forfeit and pay the sum of one hundred and twenty
u^do so°.r fUlhng five dollars, to be recovered by action of debt, in any court < f record
having cognizance thereof, by any person who shall sue f<u ihc same,
with costs.
prouesb.
547
Sec. 10. All writs and other process (except subpoenas for witnes- AU process to
ses returnable immediately) shall be returned the first day of the da'yoTterm?
term to which the same shall be returnable; and shall be executed at to be executed
least ten days before the beginning of such term. And if any origi- lOd'^sb'rrec'u
nal or mesne process shall be taken out within ten days before the abie^o^Tterm
beginning of any term, such process shall be made returnable to the if taken out
term next succeeding that which shall commence within ten days w
after taking out such process, and not otherwise; and all process not"taken out
made returnable at any other term, or executed at any other time, and returned as
or in any other manner than by this act directed, shall be adjudged he^ rte0qairef'
void upon the plea of the defendant: Provided, nothing herein qon- t0 process PPin
tained, shall be construed to invalidate or vacate any process, war- criminal cases,
rant or precept to be issued, by any of the judges or any justice of the gu^hlatn*° ^ ^
peace, or clerk of any court, on any criminal prosecution on behalf retum'bietoany
of the state, but the same may be issued at any time and made return- day.
able to any day of the term.
1820, Ch. 74, $ 2. (Where defendants reside in different counties,
counterparts of process to issue. See Joint Liability.)
1 8 21 .-Chapter 1.
Whereas, it often happens that debtors taking advantage of the laws Preamble,
prohibiting the execution of civil process on the Sabbath, remove
themselves and their property on that day out of the reach of such
process, in consequence of which, creditors are frequently pre-
vented from recovering their just debts.
Section 1. It shall be the duty of the clerks of the circuit courts Procees to is-
and justices of the peace, on application of any party, supported by ®^®e®ndo^e et*®"
oath or affirmation, as the case may be, that the defendant is removing sabbath in cer.
or about to remove himself, or his proporty, beyond the reach of their tain cases,
respective jurisdictions on the Sabbath, to issue such process as may
be required by the person or persons applying as aforesaid.
Sec. 2. It shall be the duty of the clerk or justice of the peace is- dofSed
suing such process, to endorse on the back of it, that it was obtained process,
on the oath of the plaintiff, his agent or attorney, as directed in the
first section of this act.
Sec. 3. It shall be the duty of all sheriffs, constables, or other aothe^caseif
lawful officers, to execute all process so issuing as above directed on M n0 ercases*
the Sabbath, subject to the same penalties and regulations as in other
cases.
18 2 2.—Chapter 14.
Section 4. All subpoenas in chancery, and process of any dGscrip-
tion in suits in equity, shall be returnable on the first day of the ses- turned 1st day
sion of said courts, and on the first day of the session of the supreme of session,
court, for said circuit, and all subpoenas and process of every de-
scription in equity causes which shall issue, shall not be discontinued
but shall be returned on the days herein directed.
1827, Ch. 74, \ 2. (Original process must be served on the draw-
er or maker, or it is void. ^See Joint Liabilities.)
548 processioning.
1829, Ch. 33,5 1. (Before return of process, parties may compro-
mise. See Compromise.)
1831, Ch. 40. (All original process shall be by summons, except
certain cases. See Imprisonment for Debt.)
1832, Ch. 8, § 1. (Capias to include all in one indictment. See
Clerks, S$c.)
1835, Ch. 21, § 5, 8. (Militia man exempted from service {of
process, while attending musters or court martials. See Militia.)
PROCESSIONING.
172 3.—Chapter 4.
Two procession- Section 6. All and every person whose lands shall be proces
ings to perfect ti- sioned to him according to law, at two several times, such person
t,e- shall be deemed and adjudged to be the sole owner of the said lands,
May be given in and upon any suit commenced for any such lands, the party in pos-
evidence on gen- session may plead the general issue, and give this act in evidence,
erai issue. Sec. 7. The processioning of the lands of a tenant for life, shall
•ave "^o"tiU®® not bar or preclude the heir in reversion or remainder, neither shall
bar! r°m 841 any processioning bar or preclude persons under age, femes covert,
non compos mentis, imprisoned, or out of the government, but all
such person or persons shall have free liberty to sue for and dispute
the title and bounds of any lands within this State; Provided, that
the said person or persons commence suit and prosecute the same
within the time already limited by law, after the removal of such
disability.
18 06.—chapter 1.
the manner of Section 21. It shall and may be lawful for any person or persons
processioning, who may be desirous of establishing the bounds of any lands he,
she, or they may claim by virtue of any title derived under a grant
from North Carolina, or which may hereafter be derived from this
State, which said title is good and valid in law, to cause the same to
be processioned in the following manner, viz. such person or persons
shall cause notice to be given at several of the most public places
witlyn the county wherein said lines are to be processioned, at least
twenty days before the same is to be performed, of the time appoint-
ed for the processioning and the corner at which he intends to be-
gin, and he shall also notify the holders or their agents, in writing,
of such intention as aforesaid, if such holders or their agents reside
within said county, and it shall be the duty of any surveyor appoint-
PROFANE SWEARING.
349
ed under the authority of this act, upon application to him made to
run, mark and describe such tract of land agreeably to the former
lines or natural boundaries (if any) described in such grant or deed
founded upon a grant, or if such lines have not been marked, to
mark new lines, agreeably to the calls of said grant or deed, (Pro-
tided, such deed or grant may have been recorded in the county
where such land lies^and make a correct plat and certificate of the
same, as required in other cases, and return the same to the register
of said county, to be recorded at the expense of such applicant; and when lines are
in any case when the lines are contested by adverse claimants, the contested sheriff
sheriff of said county shall, upon application of either of the parties, to summ'n jury.
forthwith summon a jury to try the matter in dispute, whose decis-
ion shall be a guide to the surveyor in making his return as aforesaid,
and the surveyor shall be entitled to the same fees, and be subject to Surveyor's fees
the same penalties, as prescribed in other cases, which fees shall be same as in other
paid by the person or persons at whose instance such processioning
shall be made.
PROFANE SWEARING.
17 41.—Chaptkk 14.
Section 3. If any person or persons shall profanely swear or Penalty for
curse in the hearing of any justice of the peace, or shall be convict- swearing,
ed of profanely swearing and cursing, by the oath of one or more
witness or witnesses, or confession of the party before any justice
or justices of the peace, every such offender shall forfeit and pay
the sum of thirty-one and a fourth cents, for every oath or curse; and
it any person executing any public office, shall profanely swear and
curse, being first convicted as aforesaid, such person shall forfeit and
pay sixty-two and a half cents for each and every oath or curse.
Sec. 4. If any person or persons shall profanely swear or curse in Penalty for
the presence of any court of record, such offender or offenders shall
immediately pay the sum of one dollar and twenty-five cents, for each sence ° RCOUr'
and every oath or curse. To be deposited in the hands of the chair-
man of the said court, and by him accounted for, and paid as herein
after directed, or to sit in the stocks not exceeding three hours by
order of such court.
§6, 7, 8. (Proceedings before magistrates, limitation ten days,
and how moneys accounted for. See Sabbath.)
550 PROMlShORl NOTES.
promisory notes.
17 62 .—chapter 9.
[Suits may be Section 2. All notes signed by any person or persons, body poli-
"ro'mias^^notes 01 corPorate* °r by the servant or agent of any corporation, bank-
promiss ry no es er^ merchant or trader, who is or shall be usually intrusted to sign
such pomissory notes for them, whereby such person or persons body
politic orcorporate or the servant or agent of any corporation, banker,
merchant, or trader shall promise to pay any person or persons,^body
politic or corporate, or the servant or agent of any corporation, banker,
merchant or trader or order, the money „ mentioned in such note,
shall be construed to be, by virtue thereof, [due and paj able to
such person or persons, body politic or corporate, or the servant
or agent of any corporation, banker, merchant or trader to whom
the same is made payable; and also such note payable to such
person or persons, body politic, or corporate, or the servant or a-
Promissory p-ent of any corporation, banker, merchant or trader, or order, may
notes made ne- P <, r . 7 . , . .... , 7 J
gotiabie as in. be assignable over m like manner as inland bills ol exchange are
land bills of ex-by custom of merchants in England; and the person or persons,
change. body politic For corporate or the servant or agent of any corpo-
poration,banker, merchant or trader, to whom such money is or shall
be payable, may maintain an action for the same, as they might upon
such bill of exchange; and the person or persons, body politic, or cor-
porate, or the servant or agent of any corporation, banker, merchant
or trader, to whom such note so payable to order is assigned or en-
dorsed, may maintain an action against the person or persons, body
politic or corporate or the servant or agent of any corporation, bank-
er, merchant or trader who signed or shall sign such note, or any
who shall have endorsed the same as in cases of inland bills of ex-
change, and recover damages and costs of suit; and in case a non-
suit or verdict shall pass against the plaintiff the defendans shall re-
Costs. cover costs, (a)
(a) Transfer and Endorsement.—The alteration of the date of an assignment on a note does not affect
the claim of the assignee. 1 Ten. 210.
2. If a negotiable paper be sold and delivered before it is due, but not assigned, equity will follow it into
the hands of the purchaser. Cooke 325:
3. All negotiable papers, if assigned without notice, before due, are protected in the hands of the assignee
from any equity. Same.
4. A guaranty, endorsed on the back of a note of a third person, and signed by the guarantor in these
words: "On the 25th December, 1834. we bind ourselves to see the within note paid," is a good promise
within the act of 1801 ch. 25 sec. 1. 3 Yerg. 330.
5. The assignment of a note was as follows, "I assign the within to A. 8. and guarantee the solvency of
the drawer." Demand and notice were regularly given, but no suit was instituted against the
maker, nor was there any proof of his insolvency. Held, that the plaintiff was entitled to re-
cover. 4 Yerg. 194.
6. Where negotiable notes are transferred after maturity or with notice of a prior equity, or
where they are not transferred in a due course of trade,as where property or money is not paid
or advanced bona fide, upon the credit of the paper; in each of these cases, the endors-e tak
it subject to the same equities it was liable to in the hands of the endor-er. 6 Yerg. 11)8.
7. Whenever the endorsee takes a promissory note under circumstances u hich might reason
ably create suspicion that the note was not good, he takes it at his paril, and the maker will
be let into his defence whither th" note w as due or not at the time of tin transfer to the en lor-
see. G Yerg. 387.
promissory notes.
551
1801, Ch. 6. § 54. (For specific articles or the performance of any
duty assignee may sue in his own name. See Bonds Penal.)
1819.—Chapter 27.
5 1. (How suit may be maintained on when lost. See Lost Instru-
ments.)
Section 2. In all cases, whether the action is commenced before plaintiff to
a justice of the peace or court of record having jurisdiction thereof make profert of
the plaintiff shall be compelled to produce any instrument of writing, whichlhis action
not under seal, within the power of the party to produce, upon which is founded.
8. Demand and Notice—If the endorser of a note knew the maker to be insolvent at the time
of endorsing, the endorsee is not bound to give notice of non-payment to the endorser, although
the maker's insolvency was equally known to the endorsee. 1 Ten. 260. 1 Yerg. 200.
9. Demand of payment of the maker must be made when the note becomes due, and that is
settled to be on the third day of grace exclusive of the day appointed for payment; and if that
happens on Sunday, then the demand is to be made on the day preceding. Peck 183.
10. Where circumstances intervene to render the demand improper or impossible on the
third day of grace, such as war, pestilence, great holy-days or absence of the maker from the
state, a turther time is allowed. Same.
11. Notice must be sent to the nearest post office to the endorser. Peck 191.
12. It is not sufficient to place a notice of non-payment in the post office at Nashville, di-
rected to the endorser living seven and a half miles from Nashville,'in the same county. A
private messenger should be sent. Mart. & Yerg. 183.
13. A partial indemnity given by the maker to the accommodation endorser of a note, a-
gainst his liability, does not excuse the holder from making due demand, and giving notice to
such endorser. 1 Yerg. 199.
14. Where a note is payable at a particular place, there is no necessity as against the ma-
ker, to present the note for payment at that place. The defendant may plead his readiness
to pay, at the place, by way of tender and it will bar accruing interest, but not the debt. 1
Yerg. 502.
15. When the assignor of a note "hound himself to stand good for the note until it.was paid,"
he was not entitled to demand and notice. 3 Yerg. 487, 330.
16. A promissory note was made at Jackson, Tennessee, payable at the Bank of the United
States at New Orleans to A. (who resided at Jackson) who endorsed it to B. of Nashville, who
endorsed it to C. of Germantown, Pa., who endorsed it for collection to the Cashier of the
Bank of Germantown, who endorsed it for the same purpose to the Casheir of the Bank of the
United States at Philadelphia, who endorsed it to the Cashier of the United States Bank at
New Orleans for collection, where it was deposited. The note was not plaid. Held, foi the
purpose of charging the first endorser, it made no difference whether the Bank acted as agent or
owner. Held also, thai each endorser is entitled to notice from his endorsee, and that the no-
tice traveling by circuity, from last to first, is sufficient to charge the first endorser. Held, like-
wise, that notice from any one party to the preceding parties, will be sufficient notice. 4 Yerg.
17. Where a notice is directed to the post office nearest the endorser, that is proof he receiv-
edit. 5 Yerg. 67.
18. Where the endorser had made Paris his place of residence for a year before the note fell
due, and the notary made diligent inquiry for his place of residence, and was informed that
it was in Paris, a notice directed to Paris will be sufficient, though the defendant might have
removed his place of residence to Bolivar, a few days before the note fell due. Same.
19. A full indemnity given by the maker to the accommodation endorser, or a promise by
the endorser to pay, with a knowledge that no demand had been made of the maker, and no
notice given to the endorser, will excuse the holder from making due demand, and giving no-
lice to such endorser. 5 Yerg 300.
20. A note made in pursuauce of an agreement to suppress a prosecution for an assault and
battery, without leave of court, is illegal and void. I Yerg. 430.
21. A. assigned a note to B. to relieve his, A's. property from an execution previously satis-
fied: A. can recover from B. the value of the note. But otherwise, if the plaintiff^voluntarily
as.-ign the note, without any restraint whatever. 2 Ten. 39.
2 J. If the remote endorser of a note, payable in bank, pay the money when the same falls
due, and takes up the note, he may sue the payor or immediate endorser, and recover the full
amount of the note. The law implies indemnity from the prior to the remote endorser. Peck
268.
552
PROPERTY CONTRACTS.
his, her or their action is founded, if said cause in pending before a
justice of the peace, upon the trial of such cause, and if the cause is
pending in a court of record, at the return term and make profert of
the same in his, her or their declaration unless longer time is given.
Ch. 48. (Making or endorsing only to be denied on oath. Seenon
est factum.)
1820, Ch. 151. $ 6. (Judgments against maker and endorser to be
first made out of maker if good. See Bills of Exchange.)
PROPERTY CONTRACTS.
1801, Ch. 6, § 54. (Assignee of bonds or notes for specific arti-
cles may sue in his own name. See Bonds Penal.)
180 7.—Chapter 95.
Proceedings as Section 1. In all contracts for the payment or delivery of prop-
an^ erty, if the time and place, or either, be not ascertained in the con-
place of demand •tuiii A * . t i
and delivery of tract, it shall be the duty ot the payee to give the payor ten days no-
property in pr'p tice of the time or place, or both, as the case may be, required for
erty contracts, paymen^ or delivery of such property, which place shall not be
a greater distance from the residence of the payor than that of the
23. The transfer of an attorney's receipt for a note is not equivalent to an endorsement to
bearer, so as to athorize the holder to sue an endorser. Mart. & Yerg. 203.
24. A. acknowledged by writing not under seal, that there was due to B. $1530; held, that
this was merely evidence of a debt, but could not be declared on as a promissory note. 2 Yerg.
50.
25. The purchaser of a note, to whom the same had not come by regular assignment from
the obligee, cannot sue on it in his own name. 2 Yerg. 576.
26. If the maker of a note or drawer of a bill deposit a note on a third person, or other
funds, with a trustee, as collateral security for the endorser, the endorsees or holders of the note,
have a right to come into equity, and have the fund decreed to satisfy the note. A judgment
at law in such case against the endorser, is not necessary. 3 Yerger 257.
27. If a promissory note be delivered by the payee for value, the holder has a right to sue in
the payee's name, and the latter cannot control the suit. 4 Yerg. 4.
28. A verdict for the defendant in a suit by the payee of a note in his own right will form no
bar to a suit brought in the name of the payee for the use of the true owner. Same.
29. Where a note is made payable to C. as agent of D. the legal title and interest in the note
isinC. 4 Yerg. 29.
30. A. was the first and C. the last endorser of a note made by D. The holder sued the ma-
ker and endorsers jointly and obtained judgment. An execution was levied on a slave as the
property of the maker; the last endorser C. indemnified the Sheriff. The Sheriff was sued by
the true owner and judgment had for the slave—the Sheriff then obtained judgment against t.
by motion on the indemnity bond; C. paid it, and then sued the first endorser A, Held, that
he was entitled to recover. 4 Yerger 553.
31. In an action by an endorsee against an endorser the plea of tlno assignment" must be
sworn to; otherwise the assignment is admitted. 4 Yerger 572.
32. When a suit is brought in the name of A. for the use of B., if B. had no authority from
A. to use his name, the suit will be dismissed. 5 Yerg. 261.
PRorKR'rr COKtracts.
553
payee, and which shall be in the same county; and if no such notice
be given, the property shall be payable at the place of residence of
the payor, and no action shall be maintained on any such contract
until s'ich notice be given or demand made at the usual residence of
the payor; Provided, such payor shall reside in the county where
such contracts shall have been made, (a)
(a) When u contract is made to pay in "hemp and tobacco," an equal quantity of each
should he paid. (\>oke, 500.
2. When 1 hp place of payment is fixed, but the time not specified, demanding payment at
the residence of the defendant, does not entitle the plaintiff to his action ;—he must, in such
case, give the defendant ten days previous notice of the fzme, when he will attend at the place
specified in the contract, to receive the payment; and if the debtor does not attend and make
the payment, then the plaintiff can commence his suit. 2 Ten. 326. Peck, 329.
3. When the time is fixed, hut not the place, then the creditor may give ten day's notice,
and compel the debtor to bring the property to a point equi-distant between their places of
residetice; if he does not choose to give this notice, the debt is payable at the house of the
debtor; and at anytime after it falls due, the creditor can go there, demand the property,
and if not paid, can sue presently. Same.
4 When the defendant gave his note to the plaintiff for 16,922 pounds of castings, to be
paid al his furnace on Jones' creek, in Dickson county, so soon as his furnace should m ike its
next blast; held, that the defendant should have given notice to the plaintiff, that the time
had arrived, when by the terms of the agreement, the castings were payable. It lay peculiar-
ly within the defendant's knowledge to ascertain the time. Feck, 212.1 Yerg. 204. 5 Yerg. 410.
5. To an action for non-delivery of specific property, the plea should aver that the "defend-
ant always has been and yet is ready."- Same. 4 Hay. 299.
6 If a contract be to pay part in property and part in money, it is a property contract for
so much, and within the construction of this act. Peck, 329.
7. If the place be not fixed, and the payee liveouf of the county, the notice cannot be given;
and the payee must demand the articles at the residence of the payor, before he sue. Same.
8. If the payor be out of the county where the contract was made, the case is out of the act,
and at the common law, by which the payor must request the pa)ee to appoint a place, anil
the payee may sue when the time of payment arrives, without a demand, and the defendant
iuu«t plead a tender if he can, or that he was ready and offered to pay, if the plaintiff would
have appointed a place. Same.
9. If both payor and pay ee be out of the county, the case is out of the act, and the payee
cannot give the notice prescribed by it. Same.
10. If the place b.s fixed by the contract, and the time not, and both live in the county, ten
days notice must be gi\en by the payee, of the day when he will apply at the place, that the
payor may be ready on that day to make the delivery; and if such notice be not given, the
plaintiff will not be permitted to maintain his action. Same.
11. If the place be fixed and the time not, and both live out of the county, the plaintiff need
not give ten days notice of the time, but the case is at the common law; and the plaintiff may
sue when he pleases, and the defendant must plead, "a notice to the plaintiff that he would
pay at a certain d ly, at the place specified, and a tender at that day, and that he was there
ready,"—and this if true, would exempt him from the action. Same.
12. If thepayor live out of the county, and the payee within, and the place be fixed, but the
time not, the case is out of the act; and (he plaintiff may sue when he pleases, and the de-
fendunt may plead "that he had given notice of the time, and a tender at that time, and al-
wajs ready ever since." Same.
13. If the place be fixed and the time rot, and the payor live in the county where the con-
tract was made, and the payee in another county, and the place fixed be in a third county, and
no change of circumstances has been effected by the removal of either, the notice to the de-
fondant at the time when he must get ready to deliver at the place fixed in the third county, is
equally necessary to enable him to do so, as the like notice is, when the place fixed is within
the county where the contract was made, and is a case within the act, and the action cannot
be sustained without the notice required by it. Same.
14. An obligation for $300, payable in cash notes, on good and solvent men, is not a con-
tract for the payment or delivery of property within the meaning of the act of 1807, ch. 95.
Martin and Yerger 93.
15. In cases to which the act of 1807, ch. 95, does apply, no notice, &c., by the payee to
the payor, need be averred in the declaration. The party who wishes to take advantage of
its provisions, must rely upon it by plea. The case of Vance vs. Jones, Peck's Rep. 329, has
been referred to us sustaining the position, that an averment of demand or notice must be
made in the declaration. It is true, that some insinuations of that kind were thrown out by
71
554
PUBLIC PKlNIfcft.
1835, Ch. 50, § 2. (Shall bear interest as moneyed rontradN.
See Interest.)
PUBLIC PRINTER.
_ 18 0 5 .—Chapter 48.
Duty of See,re-
tary of State to
see that public Section 2. It shall be the duty of the Secretary of State in eveiy
according to con^ instance to see that the public printing is performed according to the
tract. contract entered into by the printer or printers for the State
the member of the court, who delivered the opinion. But two members of the court, who de
cided that cause, are now present, and state that neither of them concurred, in the reasi ning
of the judge who delivered the opinion on that point. Same. Crabb, J. delivered the o| in-
ion of the court in this case. Same point. 2 Tenn. Rep. 168.
16. Where a note sued on was in the following words: "On or before the first day of Janu-
ary, 1816, Bartee and Thompson promise to pay Grimes $140, which may be discharged in
assorted castings, at 7 cents per pound, delivered at Watson, Napier or Bell's Iron Works, da-
ted 31st July, 1815." Held, that a plea by the defendant, that the property was ready at one
of the places, without averring that the plaintiff was notified thereof, is insufficic nt. 1 Yerg. 204
17. When a covenant to pay $1000 in specific articles, contains no agreement as to thr place
where the property is to be delivered, and the covenantor and covenantee reride in the tame
county, the covenantor is entitled to demand or notice under the act of 1807, ch. 95. 3 Y< rg.
457•
18. It is not necessary for the covenantor, in his plea of want of notice or demand, to admit
that he had the property ready at the time fixed for payment. Same.
19. The covenantee is not excused from making the demand, or giving the notice required
by the act, if, when the time is stipulated and the place not, the covenantor shall not have
the property ready at the time. Same.
20. Where a plea states "that the defendant was ready at the day specified, and i« yet ready
to deliver specific articles according to the contract," the defendant is not compelled to prove
that he was ready after the day specified; it devolves upon the plaintiff to falsify it if he i an,
by replying and proving a subsequent demand and refusal. 5 Yerg. 410.
21. A plea by the defendant that he was ready on the day, and at the place appointed by
his contract, or by the notice to deliver specific articles according to the contract, must allege,
"that the defendant was at the place to the last moment, or utmost convenient time < f the
day appointed, ready to deliver the articles," or it will be insufficient. Same.
22. Where, in a contract for specific articles, no day is fixed upon for their delivery, I nl by
the terras of the contract, it is the duty of the defendant to notify the plaintiff when he w< uld
be ready to deliver; a plea by the defendant "that he gave notice of the day, and was ready
uvon that day to deliver," must show the time when the notice was given, and the interval be-
.ween it and the day appointed for the delivery, and that the intermediate tiine was sufficient
for the plaintiff to prepare to go to the place appointed, prepared to receive them and convey
them away, or it will be defective. Same.
23. Where a note is made in these words: "On or before the 25th of December lext,I
promise to pay A $587 50 cents, which may be discharged in good, clean, merchantable baled
cotton, at the cash market price, delivered in Reynoldsburg." Held, that this was a properly
contract. 5 Yerg. 435.
24. When a note is for $587 50 cents, which may tie discharged in cotton, if the cotton is
not delivered at the time stipulated in the contract, it becomes a money demand, and debt in
the debet and detinet will lie against the maker. Same. 1 Y^erg. 101.
25. A plea, (in an action upon a covenant to be discharged in specific articles, when no
place of delivery is fixed by the contract,) that the plaintiff' did not give the delendant (<n
days notice to deliver the articles at any place, must aver, that the delendant was a resident
of the county where such contract was made, when it fell due, or it will be defective under tl e
act of 1807, ch. 95, sec. 1, on demurrer. 6 Yerg. 491.
PUBLIC PRINTER.
565
180 7 .—Chapter 12.
Section 5. It shall be the duty of the public printer, to make out To make outai-
a complete alphabetical table of principal matters contained in the prfncipai'mat*-
laws, and print and annex the same to the pamphlets containing said ters^n acts-,
laws, with references to the respective pages in which each princi-
pal matter may be found.
Sept. 18 09.—Chapter 3.
Section 4. It shall be the duty of the Governor, for the time be-
ing, on any printer hereafter to be elected, breaking any or all of
the conditions of the bond he may enter into, immediately to bring
sait against the printer so failing for the amount of the penalty of
such bond.
18 1 9.—Chapter 14.
Section 1. It shall be the duty of the printer to make an index Separata inde-
to the public or general acts, and also a separate index to the local TOt»TactB!ind pn
and private acts.
182 9.—Chapter 83.
Section 2. It shall be the duty of the public printer or printers, to
publish, in his or their newspaper or newspapers, as soon as practicable
after their passage, all the acts of a general nature passed by the Gene-
ral Assembly, during the term for which said printer may have been
elected.
Sec. 3. No extra compensation shall be allowed the public printer
for publishing the same in his or their newspapers.
18 3 1.—Chapter 2.
Section 1. It shall be the duty of the printer of the acts of the Public acts to be
General Assembly, to publish the public acts in a pamphlet to them- bound-
selves, and to have them bound in boards, with leathern backs, and
the corners turned with leather,* the backs of each copy shall be la-
beled with the title, 'Public acts of 18—," and shall have an index
table of reference to each act, appended thereto.
Sec. 2. The said printer shall hereafter publish the private acts Private acts to
in a separate pamphlet, and the number of copies of said private acts
is hereby limited to one copy for each civil district in the State, and district. ° &C
twelve copies to be deposited in the office of the Secretary of State, -
an index table reference to be appended to each copy.
Sec. 3. The acts of the General Assembly shall be printed on How printed,
small pica type, every page to contain fifty lines of matter, and the
lines to be twenty-four ems long, "exclusive of the marginal notes,
which shall be printed in smaller type. The acts shall have running
t itlos.
Governor to
sue printer who
breaks his bond.
To publish acts
in his newspa-
per.
No compensa-
tion.
PUBLIC PRINTER.
The journals. Sec. 4. The journals of the General Assembly shall he printed
in small pica type, each page to contain titty lines nt uiailer, and
Huw printed, ijne to be twenty-nine ems long; a due regard shall Le had to
compactness in composing ^tlie yeas and nays shall 1 e set in para-
graphs; all the bills which pass a particular reading, in any day,
shall be placed in one paragraph, every message from the clerks
shall, in like manner, be placed in one paragraph, and all other parts
of the journals shall be printed in conformity with this plan.
Public acts to"te Sec. 6. The public acts shall be published in one newspaper
newspaper60^ Printed in Knoxville, one in Nashville, and one in Jackson, for
Knoxviiie.Nash- which the publisher shall receive compensation at the rate of fifty
vine and tjack- cents for every ] age of the pamphlet acts.
S°Paw' Sec. 8. It shall be the duty of the Executive of this State to for-
Governor to war<^to Secretary of State of the United States, one copy of the
send Tones' of public acts of each General Assembly of this State, to Le deposited
acts to certain in the public library of the United States.
places- Sec. 9. Each member of the General Assembly shall be furnished
Members to with one copy of the public and private acts,
have one copy.
Ch. 52, § 7, and Ch. 100 $ 3. (To publish the decisions of the
Supreme Court. See Reporter.)
18 3 5.—Chapter 69.
Section 1. It shall hereafter be the duty of the Secretary of
Mariner of se- State, two months at least before the commencement, of each ses-
pointer, and how si°n °f General Assembly to cause a notice to be published in
his compeiisat'n some newspaper printed in this State, stat'ng that he will, unlil the
feseuied8aret° commencement °f session, receive duplicale sealed
66 e ' proposals for printing and delivering at the office of the Secretary of
State, the laws and joint resolutions passed at each session, and like
proposals for printing and delivering the journals of both houses of
the General Assembly, and also separate sealed proposals in dupli-
cate, for the job printing which may be required by both Houses,
which notice shall be published for four weeks successively before
the commencement of the session.
The requisites Sec. 2. All proposals for printing the laws and journals shall spe-
to be stated in cify particularly the price at which the printing will be di ne per
proposals for page, and per thousand ems, for the first five hundred copies, and for
pnn mg. every hundred copies thereafter, accompanied by a specimen of the
style in which the work will be executed, and the quality of the pa-
per to be employed, which specimen shall consist of at least four pa-
ges, and all proposals for job printing shall specify particularly the
price per thousand ems for close work for the first hundred copies,
and for every hundred copies thereafter, the price of the open work
per page for the first hundred copies, printed in small pica type;
each set of proposals shall be in duplicate, sealed up, containing spe-
cimens, with a proper endorsement, denoting their contents, and the
name of the person making the proposals.
Sec. 3. It shall be the duty of the Secretary of State immediate-
nveMoTeakera ty a^tert^e meeting of the General Assembly, to deliver to the pre-
ti^6proposals,siding officer of each house one set of the duplicate proposals in his
the houses tode. office, to be presented to their respective houses, and the twTo houses
Vnby resofu^n8 by concurrent resolution, determine on the proposals for print-
public worship.
557
ing the laws and journals, or either of them; and the person whose
proposals shall be thus accepted, shall enter into bond to the State, to enter into
in the penalty of five thousand dollars, with such security as the bon«l<
Governor, or in his absence, the Secretary of State, shall approve,
conditioned that he will faithfully perform his duties as the printer of
the laws and journals, or both, as the case may be, and-will execute
the work according to law, and the specimen exhibited by him, which
shall be attached to the bond, and that he will deliver such number
of copies as shall have been previously ordered by the General As-
sembly, to the Secretary of State, on or before a day, to be in such
bond named, which shall not be more than sixty days after the ter-
mination of the session, which bond shall be deposited in the office of
the Secretary of State, and each house shall determine on the propo
sals submitted for job printing, and may conclude a contract for the
printing required by them, without the concurrence of the other
house, and take such security as they may think proper; Provided, Proviso as to
that nothing herein contained shall be construed, to prevent the em- Jub Panting.
ployment of any other person than those submitting proposals, as
aforesaid, to print the laws or journals, to do the job printing of either
house.
Sec. 4. It shall be the duty of the Secretary of State to cause a Manner of con-
notice to be published as aforesaid, that he will also receive separate acting for sta.
sealed proposals in duplicate for furnishing each house of the Gene- ^General As-
ral Assembly with such stationary, fuel, and other articles, as may sembly,
be required for the use of the General Assembly.
Sec. 5. If any person employed to print the laws and journals on failure of
shall fail to comply with his contract, the Governor may employ printer, cover-
some other person to do the work, taking bond as aforesaid. another e'uploy
Sec. 6. It shall be the duty of the Comptroller of the Treasury comptroller to
to settle with the persons employed to print the laws and journals, settle with pub-
and draw his warrant on the Treasurer for the amount which shall lic Printer-
be found due according to the terms of the contract, to be paid out of
the Treasury.
PUBLIC WORSHIP.
1785.—Chapter 24.
Section 1. Any person who shall under pretence of owning the land way to church
or lands adjoining or surrounding any church, meeting house, or other nottobeobstruc-
house or houses of religious public worship, stop or obstruct, or cause ted'
the same to be done, the usual way or ways leading to or from any of
the aforesaid places of public worship,or springs or wells thereby used,
shall forfeit and pay the sum of twelve dollars and fifty cents, for ev- penalty $12 50.
ery such offence, to be recovered by action of debt in any court of re-
cord, ane Lalf to go to the person suing for the same, the> other half
to be applied to the maintenance of the poor of such county; Provi-
558
PUBLIC WORSHIP.
ded, nothing herein, shall subject any person to the penalty afore-
said, who shall surround any spring or well with a fence, if such fence
shall not absolutely render a passage to such spring or well iniprac-
ticable: Provided, also, that no surrounding any pieces of land,
through which any of the aforesaid ways shall lead with a fence shall
subject any person to the said penalty, if a passage shall be left to
the church, meeting houses or place of religious public worship of the
same width at least that such way was usually of.
18 01.—Chapter 35.
No person to Section 1. If any person shall interrupt a congregation assembled
interrupt wor. for the purpose of worshiping the Deity, such person shall be dealt
s ipers, pun s - w-^ ag a rj0ter at common law.
181 5.—Chapter 60.
Whereas the licentious and disorderly conduct of some of the citizens
of this State, who not only regardless of the service and orderly
worship of the Deity themselves, but are wickedly and fatally bent
to disturb others who are desirous of devoting to his service, and
believing the act of 1801 ch. 35, is insufficient to prevent the mis-
chief, for remedy whereof,
Disturbance of Sec. 1. It shall be the duty of all justices of the peace, and they
a worshiping as- are hereby severally required to observe the same, that whenever
sembiy. any wicked or disorderly person or persons, shall either by words or
gestures, or in any other manner whatever disturb any congregation
which may have assembled themselves together for the purpose of
worshiping Almighty God, or who shall encourage, aid or assist in
Not to violate such disturbance, to the violation of any rule or regulation, which
published rules. may have been adopted by them for their own government, and good
order: Provided, such rule or regulation, be previously made public
whether such offences may have been committed within the pres-
ence of said justices of the peace while said congregation is so assem-
bled or may come to their knowledge by information of others, shall
immediately cause such offender or offenders to be apprehended and
brought before them or some other justice of the peace for the county
in which such offence may be committed, who shall on proof of the
offence, fine them not exceeding five dollars, or bind them in sufficient
andVounTover security for their appearance at the next circuit court, when they
to court. shall be proceeded against according to the provisions of the above
recited act.
Sec. 2. It shall be duty of all coroners, sheriffs, and constables,
Duty of Cor- whenever any offence may be committed within the meaning of this
and™ Constables act' against the rules or regulations of any worshiping assemhly, or
to arrest offen- to the disturbance or annoyance thereof, and which may happen with-
ders- in their own knowledge, or observation, they are hereby authorized
and required forthwith to bring such offenders before some justice or
justices of the peace, for the county, there to be dealt with as requir-
ed by the first section of this act.
in absence of Sec. When it may be necessary for the suppression of such
officers some one disturbance and in the absence of regularly appointed officers it shall
b° ^usttee>UtiZed aiW Jus^ce the peace, to deputize some proper and
ed as rioters.
Preamble.
PUBLIC WOKbHIP.
559
fit persons to act in that capacity whose acts shall be good and valid
in law.
1817. Chapter 74.
Section 1. Whenever the trustees of any society or church of chris- tee^e®fBtph^r,J.^
tians shall have received, or may hereafter receive, any deed for any tenure °toU the
piece of ground, on which to build a church or place of public worship; society.
Provided, the same shall not exceed ten acres, and said deed shall have
been made, or shall be made to any person or persons as trustees of,
or for the use of such congregation, the same shall inure to the ben-
efit of such congregation, tor the purpose of a church and to the sue-
cessors of said trustees so long as said congregation shall last.
1823.—Chapter 7.
Section 1. When any worshiping society of any denomination of burn^if vacant
christians erect a house of public worship on any vacant or unappro- land, trustees
priated land north and east of the congressional line, may apply by
their trustees or other legal representative or representatives, to the acres fore^'e use
surveyor of the district or county, as the case may be, whose duty it of such church,
shall be to lay off and survey four acres of land in a square or oblong
for and in the name of the trustees or other legal representative or
representatives of church for the time being, and their success-
ors in office, and said surveyor shall make out and return a plat and
certificate of such survey, expressing therein the county, water course,
district, range, township, section, quarter section, east or west of the
meridian, as the ca^e may be; which plat shall be recorded in the
surveyor's office, and delivered to the person or persons having an
interest in the same; and it shall be the duty of the Register of East
or West Tennessee where the land lies to make out a grant in the
name of the trustees, or other legal representative or representatives,
for the time being and their successors in office lor church for
the use and benefit of such church so applying forever; and the land
so granted, or which may have heretofore been entered or granted
for the use and benefit of any worshiping society or denomination of
christians, shall be free from taxation of any kind whatever. Provi-
ded, the said trustees pay the necessary office fees; and provided,
that should any spring or springs be included in such survey, the free
use of such spring or springs shall not be withheld from persons hold-
ing lands adjoining.
Sec. 2. In all grants so issued, it shall be expressed that the same veruf appifcd'to
is to be void and the land again revert to the state. Provided, the any other than
same should be appropriated to any other than religious purposes. religious purpo-
Sec. 3. No survey directed by this act shall be so made as to take ses'
in any iron ore or other minerals. . No*t0 include
* iron banks:
182 4.—Chapter 3.
Section 1. If any person or persons shall carry within ohe mile No person to
of any place of public worship, ardent spirits or other intoxicating li- carry % attempt
quors, and attempt to sell the same such person or persons, shall be ^"piace
liable for each and every offence to pay to any person who will sue of public wors'ip
560
PUBLIC WORSHIP.
Penalty $10. for the same the sum of thn dollars, to be recovered by action of debt
before any jurisdiction having cognizance of the same, and shall
Also indicta. moreover be liable to presentment or indictment in the circuit court,
impnsmiwf "at an<^ on c°nviction be fined and imprisoned at the discretion of the
discretion. court; Provided, persons selling,or offering to sell, ardent spirits or
other intoxicating liquors at their usual place of selling the same,
Exception. (although within one mile) shall not be included in the penalties of
this act.
No other ar- ®ec. person or persons selling or offering to sell, within
tide to be sold view of any worshiping assembly on the Sabbath day any article of
Sabbath °" the tra®c whatsoever, in such a manner as to disturb such worshiping
a al ' assembly, such person or persons shall be liable to all the penalties
Exception, prescribed by this act, Providid, this act shall not extend to persons
selling such articles of traffic as he lawfully may sell on the Sabbath
day, and at his usual place of selling the same.
1831.—Chapter 91.
Provisions of Section 1. The provisions of the first section of an act passed in 1623
1 fextended west c^* s^a^ ke extended south and west of the congressional line, and
of reservation the different surveyors shall lay down upon the general plans of their
,inc- respective offices such entries as shall be made not exceeding the
quantity mentioned in said act, to be hereafter used and enjoyed in
the same manner and subject to the same conditions, and limitations as
therein specified and provided.
1833.—Chapter 90.
Not to sell any Section 1. If any person or persons shall prepare any barbacue
article to^eat or 0r other eatables for sale, or shall sell or offer for sale fruits or bread,
miie^soasto°in! stuff, confectionaries, fermented liquors,or any other articles of what-
terrupt. soever sort, kind or description, within one mile of any worshiping
assembly so as to interrupt said worshiping assembly, they shall be
dealt with as rioters at common law, and upon conviction thereof
Penalty, sha.ll be fined at the discretion of the court, in a sum not less than five
Exception. dollars; Provided, that toothing herein contained shall prevent any
person authorized by law, from selling the articles above mentioned
at the usual place of selling the same.
RANGERS AND STRAYS.
constitution, article 7, section 1.
18 2 9<—Chapter 37.
Ranper to be
appointed by Section 1. It shall be the duty of the several county courts in
give"bond,^is S^te, at any time when a vacancy shall happen, to elect one
RANGERS AND STRAYS,
561
ranger, who shall enter into bond, with approved security, in the sum
of fi\e hundred dollars, payable to the chairman of the county court,
and his successors in office, conditioned for the faithful performance
of the duties of his office, and the paying over all moneys by him
collected, by virtue of his office, to the trustee of his county.
Sec. 2. Every freeholder who may take up any stray horse, cow, stray taken up
hog or sheep, shall, within ten days thereafter, (the owner being to by freeholder, to
him unknown,) hive the same viewed and appraised by two freehold- tb®n j^rsBl"'id in
ers unconnected with the party taking up such stray or strays, by
consanguinity or affinity, who shall give a particular description of Described,
the natural and artificial marks, brands, age and color, and place of
residence of the taker-up, and also the value thereof, and make oath Valued,
to the same before some justice of the peace in said county; which
valuation and description shall be returned to the taker up of said oath that stray
stray, who shall make oath before said justice that the same was ta- was take a upon
ken up on his plantation, and that the marks and brands have not p,anla lon-
been altered or defaced; which affidavit shall be entered upon the
probate of said valuers; and it shall be the duty of said taker-up to tunf^robate To
deliver the same to the ranger of his county within fifteen days after ranger in 15 d's
such appraisement made, under the penalty of the appraised value of
such stray so taken up.
Sec. 3. Every householder in this state may enter any stray Householder on
horse, cow, hog or sheep, by entering into bond and security in dou- taKin? up stray,
ble the amount of the appraised value of such stray, payable to the to give bond, <fc.
chairman of the county court and his successors in office, condition-
ed for the reasonable care and safe keeping of such stray, and the
paying over of the one half of the appraised value of such stray to
the county trustee; which bond shall be taken by the ranger and
deposited in the clerk's office in said county, and shall be sued upon
in the same manner as in similar cases; and the taker-up shall be
governed by the same rules, regulations and restrictions as freehold-
ers are.
Sec. 4. Every person taking up any stray shall not, eitheir direct- Not to be re-
ly or indirectly, remove any such stiay out of the county where the moved . °"t °f
J , , ,, /» .i J county in 12 m's
same was so taken up, or sell or dispose of the same in any manner
whatsoever, within twelve months, under penalty of ihe full amount
of the appraised value.
Sec. 5. If any person taking up any stray shall be about to re-
move himself out of the county before the expiration' of twelve TovVbeVore°seT
months, or before he has settled with the trustee to the amount of tiing, trust"e to
one half of the appraised value, then the trustee cf such county, up- b»ns suit, jj-c.
on his own knowledge, or otherwise, is hereby required to institute
suit against such person, by warrant, to cause him to appear before
some justice-of the peace for said county, to give bond and security,
payable to such trustee, for the use of the county, to the amount of
the one half of the appraised value of such stray, and in case of
failure therein, such person shall forfeit the full amount of the ap-
praised value.
Sec. 6. It shall be the duty of the rangers in each county in this Ranger to record
state, to record in a book to be by them kept for that purpose, the description of
valuation and description of each and every stray which may be en- "J,™'description
tered in his office; and it shill be the duly of such ranger, to put an by advertisein't
advertisement at the court house in his county, on the first day of at court h0lise
each term of the county court, in which he shall particularly des- county
72
562
rangers asd strata.
cribe the strays entered upon his hook, and which are not proven
by the owner.
Sec. 7. It shall be the duty of each ranger in this State, to pub-
be^dverUsc^ in lish the same in some gazette, giving a particular description of each
gazette 3 weeks, horse entered in his book, together with the appraised value thereof,
and the person's name and place of residence, within three weeks
after such entry is made; Provided, that the printer of such gazette
will receive the sum of one dollar as full compensation for publish-
ingthe same once a week for three weeks successively; which the
person taking up such stray shall deposit with the ranger at the time
of making such entry, and should the owner prove his property, the
money so deposited shall be re-funded to the taker-up; Provided, that
if the owner shall apply to the taker-up, before publication, the
money deposited shall be refunded by said ranger; and each ranger,
failing to comply with the provisions of this act, shall forfeit to the
owner of any horse so taken up, all such damages as may accrue on
account of such failure.
„.ray „e ll0t Sec. 8. At the expiration of twelve months, each person taking
p r oven a wayt a- tip any horse, cow or sheep, as a stray, and not proved by the owner,
ker up to pay to shall account for and pay into the hands of the county trustee, the
V^raked&vaiue>. one ^le appraised value of all strays; and in case any per-
* son shall take up any stray according to the true intent and meaning
of this act, shall fail to account with the trustee for the same, the
person so failing, shall forfeit and pay the full amount of the ap-
praised value of all such sti-ays so taken up, to be recovered before any
justice of the peace; and it shall be the duty of the county trustees,
to commence suits againstall delinquents for the same, who shall be
entitled to receive five per cent, commissions; and ajlmoneys so re-
recovered, and the balance the said trustee shall account for as other
county moneys.
Sec. 9. Any person taking up any hog or hogs shall not be com-
»Jx month* kept Pe^c^ to keep such stray more than six months from the date of the
appraisement, but shall be liable at the end of six months to the pay-
ment of such moneys as by law he is required to pay.
Cattle not to be ®EC* ^ shall not be lawful for any person to take up any stray
taken up from cattle from the first day of May to the first day of November in each
let May to 1st and every year.
November. jj ft gball not be lawful for any person who may have ta-
stray not to be ken up any stray to make use of them before they shall have them
used until ap- appraised. Every person so offending shall forfeit and pay the sum
praised. 0f twenty dollars, to the use of the county, to be recovered in an ac-
tion of debt; and be further liable to an action on the case, at the
suit of the party aggrieved; Provided, nothing herein contained
s-hall be so construed as to prevent any person to use the same for the
purpose of having them valued, or take them to the owndr.
Sec. 12, The property of every stray horse, cow or sheep, shall,
Property to vest twelve months after such appraisement, unless proven by the owner
tweWemonth«er ^JG1'e0^ be deemed vested in the taker-up; Provided, that it shall
and may be lawful for the former owner of any such stray, at any
time within twelve months after such appraisement, to prove his
property by his own oath, or otherwise to demand and receive the
same, the claimant first paying the ranger's and other fees.
Sec. 13. Where the taker-up of any stray shall have been at any
txpentet,l° pay expense in keeping the sanje, it shall be lawful for him to retain the
Printer's fee one
dollar, paid by
taker-up.
RANGERS AND STRAYS.
?563
same until the owner shall pay all such expenses, which may be as-
certained in the following' manner: The taker-up shall obtain from a
justice of the peace a warrant empowering three freeholders to be
named by said justice, whose duty it shall be to attend and ascertain,
as near as can be, what sum the taker-up should receive from said
owner; which sum so agreed upon by said freeholders shall be the How ascertain-
sum the taker-up shall be entitled to receive from said former owner. cd*
Sec. 14. It shall and may be lawful for any former owner of any Owner may
stray, after the expiration of twelve months, to prove his property !^e12 months*-
by one or more disinterested witnesses, before some justice of the half value refun'
peace for said county, and to demand and receive from the county ded to him by
trustee, one half of the appraised value of such stray he may so trustec*
prove, without interest, after deducting twelve and one half per
cent, for receiving and paying over the same.
Sec. 15. It shall be lawful for any person hereafter to search the
ranger's books for any information he may desire on account of any £ Search of ran-
stray which heretofore has, or hereafter may stray from the owner, f®^gd b00ks al"
the person requesting such search, first paying twelve and one half
cents therefor, to the ranger. Fee 12$ cents.
Sec. 16. After the appraisement of any stray horse, cow, hog or Taker-up not
sheep, and entry thereof being made with the ranger, as aforesaid, liable if stray
should die or escape within twelve months after such appraisement, ^ u^it® gCatpe °*a
the person taking up such stray shall not be chargeable for the same, ou 13
unless such death or escape be occasioned by ill usage, negligence
or abuse.
Sec. 17. It shall be the duty of the ranger every six months to Ranger to make
make out a list of all the strays entered upon" his book, distinguish- futrj
ing those proven away from those that are not, in which he shall re- county court! &
cite the kind of stray, the name of the taker-up, and the appraised one to trustee,
value, together with the probate of those proven away, and return
one copy of the same to the county commissioners, and one copy to
the county trustee, the first return to be made by the first of Febru-
ary in each year.
Sec. 18. It shall be the duty of the rangers, to prosecute all vio- Ranger8 to pros-
lations of the stray laws in this State, and shall not be liable out of ecute for viola-
his own property to the payment of cost, but on settlement of his the >tray
account, shall be allowed all such costs that he may be liable to in
conseqence of prosecuting said offences.
Sec. 19. The several trustees shall be entitled to a credit for all Trustee allowed
moneys due and owing on account of the strays that he may be una a credu for mo-
ble to collect, upon his making satisfactory proof to the county com- „ot bTcoUected*,
missioners that he has made use of due diligence in endeavoring to &a
collect the same; and also a credit for any money that he may have
paid the former owner of any stray, on his producing the probate of
such stray with a receipt for the money paid. *
Sec. 20. In all cases where any stray shall be proven away from when pr0veu
the taker-up, it shall be his duty to return such probate to the ranger away, probate to
in fifteen days thereafter; and it shall be the duty of said ranger, to ^ returned to
return the same to the county trustee at the same time he returns ranger'
the list of strays.
Sec. 21. A justice of the peace shall and may take and have ju- Justice's juris-
risdiction of, and enter judgment for any and all penalties, forfeit- di®*,0jn
ures and fines incurred under the stray laws of this State, and for ' *
the recovery of any sum of money due under said laws; Provided,
564
redemption.
such penalty, fine, forfeiture or sum due, does not exceed the sum ov
one hundred dollars.
Ran er not to ®EC* ^2. In all suits hereafter instituted by the rangers for a vio-
recov'rm'reth'n lation or abuse of the stray laws, when such suit shall be institu-
double value of ted on account of cattle, hogs or sheep, the said ranger shall not re-
6tray- cover more than double the value of such cattle, hogs or sheep;
Sheep not to te Provided, that no person shall post any stray slieep, without first ad-
five diys adver- vertising the same at the most public place in his neighborhood, five
tisement. days previous thereto.
Sec. 23. If any ranger or county trustee shall refuse or neglect
Trustee or ran- to comply with the provisions of this act, it shall be viewed as a mis-
fna with this at^j demeanor in office, for which he may be indicted in the circuit court
may be indicted', of his county, and on conviction may be fined at the discretion of
fined and re- the court in any sum not exceeding fifty dollars; and moreover be
move ' removed from office.
Sec. 24. All laws on the subject of strays heretofore passed, are
Repealing clause hereby repealed.
18 31.—Chapter 105.
Section 1. The rangers in the respective counties of this State,
anger a fee«. may ^a]ie anc[ receive the following fees, from the person taking up
strays, to wit: for each horse, mare, gelding, colt or mule, inclu-
ding the certificate, entered in his office, seventy-five cents; for
each head of cattle, thirty-seven and one half cents; for each head
of hogs or sheep, twelve and one half cents; for each bond twenty-
five cents.
Sec. 2. In addition to the oath prescribed by the 2d section of
Additional oath the act of 1829, ch. 37, the taker-up of any stray or strays shall
taker>upken by ma^e oath before the ranger or justice of the peace, as the case
may be, that the stray or strays by him about to be laken up, came
to his or her plantation without his or her procurement. Provided,
however, that when it shall be the case, that any of the young stock
Young stock to may at the time of taking up the same be yet sucking the mother, it
go with mother, be a sufficient circumstance to authorize the person proving the
mother to claim the possession of such young stock, and all such
young stock shall bo included in the same certificate with the mother
and subject to one fourth of the fees allowed for grown stock.
Sec. 3. The rangers in the several counties in this State may
i Ranger empow- have and possess full power and authority to administer the oaths the
ter oatb^dmin S *aw re(lui1'cs in the taking up, appraising and proving of strays.
REDEMPTION.
181 3.—Chapter 63.
if tfierlff fail to Section 2. If any sheriff' shall fail to pay over to the purchaser
pay the money on application, the money by him received, in redemption of land
dempUon to pur- S°W for taxes, he shall Le liable to pay at the rate of fifty per cent.
REDEMPTION.
565
per annum interest on the sum by him received from the time such chaser, he ah&n
failure may happen until paid. 50per cent ***
1813.—Chapter 98.
Section 16. The sheriff shall not make a deed to land sold for sheriff not to
taxes, until the expiration of twelve months after said sale, and it
shall be lawful for the owner by himself, his heirs, executors, admin- months, during
istrators, attorney or any other person, to redeem said land within the which time same
time aforesaid, by paying the tax, costs, charges, together with the maybe redeein'd
rate of fifty per cent, per annum.
1 8 2 0.—Chapter 11,
Any person
whose land piay
Section 2. It shall be lawful for any debtor, whose interest in be s0id on exe-
any real estate may hereafter be sold under execution, at any time deem'inTyeare.
within two years after such sale, on payment or tender thereof to By paying or
the purchaser or purchasers on payment or tender thereof to any one tenderi'gto pur-
claiming under the purchaser, the principal money bid at such sale, one^aimingun-
with ten per cent, interest per annum thereon, together with all derhim.theam't
such other lawful charges, if any there be, to redeem the interest bw wit^io per
that may have been sold, and upon payment or tender thereof as other"costs and
aforesaid, in such bank notes as are receivable on executions it charges,
shall be the duty of the then claimant to re-convey said interest to that
said debtor, but at the costs and charges of such debtor. abje onexecut'n
Sec. 3. Whenever it shall hereafter happen that any interest in good tender-
lands shall be sold at any execution sale, and the individual whose tlJ"a^'tohbere"
interest is so sold, shall have other bonaf.de creditors, whose debts conveyed,
are not secured or paid; such bona fide creditor may, at any time 0therbonafida
within two years after such sale, redeem such interest as may have creditors may re-
been sold, from the purchaser thereof, or from any one claiming un- deem' and on
der such purchaser, and on payment or tender of so much money, of wlKlt term8,
the description aforesaid, as was bid for said land, at said execution
sale, and such further sum as shall be equal to ten per cent, per an-
num on the purchase money, and shall further offer and agree to
credit the person whose estate was sild, with the further sum of ten
per-cent. or more, on the amount bid at the execution sale; it shall
be the duty of such purchaser or person claiming under such purcha-
ser, to convey said interest, so purchased, to such bona fide creditor,
at the proper cost and charge of such creditor, unless such purchaser,
or those claiming under him, shall pay, or secure to be paid, within
six months thereafter, to such bona fide creditor, the sum proposed to
be advanced by him on the bid at sheriff's or execution sale, (a)
(a) Where 'he lands of the ancestor have been sold and purchased, and the equity of redemption to said
lan's has descended to the heir, a judgment creditor of the ancestor is not entitled to redeem from the purcha-
ser according to the provisions of this act, until the plea of fully administered is found for the personal repre-
sontative, and a judgment had againstthe heir on a scire facias. 4 Yerg. 10.
2 The creditor offering to redeem under the 3d section of this act, must offer and agree "to credit the per-
son whose estate was sold with the further sum often per cent, or more, on the amount bid at the sale," be-
fore he will be entitled to redeem. Same.
3, The offer and agreement on the partofthe creditor wishing to releem, "to credit the person whose es-
tate was sold with the further sum of 10 per cent, or more, on the amount hid at the sale," is made a condi-
tion precedent to any right he may have to demand a conveyance of the interest purchased. Sams-
4. The purchaser under this section has his election whether to convey the interest purchased or "to pay
or secure to he paid, within s x months thereafter to the creditor, the sum proposed to be advanced by him"
on the bid at the sale. Same,
566
REDEMPTION.
e/orth^'erson ®EC* 4- If such purchaser at execution sale, or the person or
claiming Punder persons claiming under him, shall also be a bona fide creditor to the
him shall be also amount proposed to be advanced on the bid at execution s lie, at the
amtCd ro'osed to any bona fide creditor may propose to make the advance, it
heVdv'd^<hem'y may he at the option of said purchaser, or those claiming under him,
give a credit to to credit the debtor with the sum proposed to be advanced on the bid,
hoki* he iandind anc* ^eeP property or surrender the same in manner afores. i 1, to
0 e an • gych person offering to make the advance.(a)
Another credit- Sec. 5. It shall be lawful for any other bona fide creditor of him
or may redeem whose estate has been sold at execution sale, to redeem from any
ingcreditor66"1 bona fide creditor, who may have previously redeemed from the pur-
chaser at execution sale, upon the same terms and under the same
rules and regulations that is herein provided for a bona fide creditor
to redeem from the purchaser.
Sec. 6. The provisions of this act shall extend to all lands sold by
toext'ndTo^aies Treasurer of East Tennessee, in behalf of the State, or for the
made by the colleges and academies in the district south of French Broad and
Treasurer of e. Holston, and west of Big Pigeon rivers, and the same power of
Tenn. redemption shall extend to those citizens against the State, or colle-
And to sales ges or academies, which are generally and specially extended to the
leges and1 acade- debtor against the creditor, or other person purchasing at execution
mies. sales as provided for by this act.
1822, Ch. 9, j 1, 2, 3. (Certain lands bought by State for taxes
may be redeemed. See Revenue Collector.)
1823.—Chapter 24.
Lands sold un- Section 2. All real property sold under a deed of trust shall and
to be^ed'mabie! may subject to redemption in the same way as the like property
" when sold under execution sales and decrees in chancery.
1 82 4.—Chapter 20.
if purchaser Section 2. If any person or persons shall absent him, her or
■hail be abs'nt or themselves from his or their usual place of residence, or shall re-
county0 redemp^ s^e out county where such sale was made, so as to prevent a
Hon money may tender of the money due upon the redemption of any property sold
be paid to the under the laws of this State, then, and in all such cases, it shall and
court °f county may be lawful, for such person or persons to pay the redemption
money to the clerk of the county court of his county, who shall hold
the same for the benefit of the person entitled thereto, and the pay-
ment so made shall be good and valid to all intents and purposes.
5. The offer and agreement of the creditor wishing to redeem, "to credit the person whose estate was
sold, with the further sum of 10 per cent, or more, on the amount bid at the sale," must be averred in the
pleadings and proved on the trial, in order to entitle the creditor to a recovery for a non conveyance by the
purchaser. Same.
6. The purchaser of land under a decree or execution is entitled to possession of tho land assoon as liehas
received the legal title, and isnoi compelled to wait un'il two years have expired, the time allowed for re-
demption: 5 Yerg. 22.V.
7. By virtue of this act, a mortgnge debtor may redeem within two years after a confirmation of the sale
ofthe master, under a decree of foreclosure. 5 Yerg, 240.
8. Lands sold by virtue of an execution founded on a judgment rendered in the federal court, cannot be
redeemed by or under the provisions of this act. 6 Yerg. 209.
REDEMPTION.
567
Sec. 3. If any clerk shall fail or refuse to pay over such money
to the person entitled on application, the same may be recovered, by
motion in the same way as moneys paid on executions, when not paid
over by him.
18 2 7.—Chapter 56.
Section 1. It shall be lawful for any person or persons owning or
claiming the locator's part, or any other equitable claim or interest
for a part of any tract or tracts of land to pay the taxes for such part
or parts of said land to the sheriff or collector of taxes or public
dues, who shall give a receipt therefor and report the balance for non
payment, if necessary, and if any such land may have been sold for
taxes, it shall be lawful for such person or persons, within the time
limited by law, to redeem such part or parts of any tract or tracts of
land by paying his proportion of taxes, costs and charges incurred
on said land and receive a receipt therefor.
1 8.3 2.—Chapter 36.
Section 1. The act of 1820, ch. 11, shall hereafter be deemed. night of re.
and held to extend to the redemption of lands in all cases in which anca-
lands may have been sold, or may be sold under any decree, judg- ses of sale under
ment or order of any court of chancery in this State. a decree in chan-
Sec. 2. Any real estate sold by virtue of any order, judgment cery*
or decree in chancery upon foreclosure or mortgages, or deeds of ^"decrees
trust or any other decree, or order of any of the courts in this State, foreclosing m'rt-
shall be redeemable in the same time and manner, and by the same eae°» deeds .of
persons, and under the same rules and regulations as provided, au- er^ecree!^ °th
thorized and directed by the provisions of the act of 1820, ch. 11, in
relation to the redemption of real estate sold under execution.
18 3 3 .—Chapter 47.
Section 2. In all cases where land, or interest in lands, are di- in an cases
reeled to be sold by order of the court of chancery, founded on a where the spe-
foreclosure of a mortgage, deeds of trust or any other case, where hTmentfon^
the specific land to be sold is mentioned in the decree, upon the ed in the decree,
application of the complainant, the court shall be empowered to or- conMa/narrtlhe
der the property to be sold, on a credit of not more than two years, game ^may'^e
nor less than six months, and when the sale is made by the master sold on a credit
or commissioner, and confirmed by the court, no right of redemp- °.f not Ie®s than
i i ii •.•>11, , 6 , ,r six months, nor
tion or re-purchase shall exist m the debtor or other creditor, but the more than two
title of the purchaser shall be absolute, and the court may order the years, in which
surplus of the purchase money, or the bonds or notes taken therefor
over and above what is necessary to pay the debt due to the complain- ed.
ants, to be paid to the debtor or other creditors, who may be legally
or equitably entitled thereto.
1835, Ch. 15, } 11. (Right of redemption in sales for taxes pre-
served. See Revenue Collector.)
Moneys may be
recov'd by mo-
tion against such
clerki
Person claiming
locator's part or
any other equi-
table interest in
p'rt of land, may
redeem that part
or pay taxes on
the same.
5 68
REGISTERS OK COUNTY.
REGISTERS OF COUNTY.
CONSTITUTION, ARTICLE VII. SECTION 1, 2.
17 5 6.—Chapter 6.
Section 5. Every register who shall neglect or delay to register
any deed or conveyance within two months after the same shall be
delivered to him, such register for each and every two months he
shall so neglect or delay, shall forfeit and pay the sum offfty dollars,
one half to the use of the county wherein he shall reside, and the
other half to him or them who will sue for the same, to be recovered
by action of debt with costs. (See 1831, chap. 90, sec. 15.)
Nov., 17 7 7.—Chapter 8.
To take oaths Section 13. Each register before entering upon the execution of
Ii2g<pe b°nd iD 0l®ce shall take the oath appointed for the qualification pf public
* ' * officers, and an oath of office, and shall give bond in the penalty of
twelve thousand, Jive hundred dollars, payable to the governor for
the time being and his successors, for the true and faithful discharge
of his office, which bond upon the breach thereof shall be assigned to
the party or parties injured and may be put in suit from time to time,
until the whole penalty shall be recovered.
18 0 5 .—Chapter 62.
i To exhibit their Section 1. It shall be the-duty of the registers of the different
book# to the c't counties in this state, at the first court held In their respective coun-
for examination. t|es after the first day of January, or any succeeding term, to lay be-
fore the court of said county, or three of their body appointed for lhat
purpose, all the records of their office for the purpose of examiuation.
Books to be Sec. 2. If said courts upon examination of said records find that they
notSC'^correct'* ^ave not keen kept as contemplated by this act, in a well bound bn< k
kept. »C ' or books, and written in a fair legible hand writing, they shall, if they
deem it expedient, immediately proceed to select from among said
records such books thereof as may appear to be in such loose and
irregular situation and appoint the register, or some other person for
the purpose of transcribing the same, who shall previous to his com-
mencing said transcript, take the following oath, before some justice
of the peace of his county, to-wit:
Transcriber's I do swear, that I will well and truly transcribe all the books that
oatb« have been delivered to me for that purpose by the court of the county of
, as the record, or part of the records, as the case may be, of the
register's office of said county, without any alteration or deviation from,
the said original records, to the best of my ability and understanding.—
So Help me God.
Transcriber's ®EC* ^ s^a^ sa^ transcriber immediately
duty. upon taking the above oath, to proceed to copy or take a fair and lo
Penalty for
failing to register
deeds in proper
time.
REGISTERS OP COUNTY.
569
gible transcript of said records in a book or books to be procured by
the said court for that purpose, leaving a margin in the same for the
purpose of inserting therein the page that the different instruments
may have been recorded in, in the original books, to the end, that no
variation may appear between the pages of the transcript so taken,
and those that may have been entered in the certificates on the differ-
ent instruments registered in the original books aforesaid.
Sec. 4. It shall be the duty of the said transcriber, in taking said Further duties,
transcript, to pay particular attention to the dates of the registration
of every instrument in said original books, and transcribe them in
order thereby, and when he may fill a book in transcribing as afore-
said, he shall make a fair and legible alphabetical list of all the in-
struments contained in said book, from whom and to whom granted
or conveyed.
Sec. 5. When said transcriber finishes said transcript and after Where books
the same may be collated with the originals by the said transcriber, andwork°isl fia'
and one other suitable person to be appointed by the court for that ished, and com-
purpose, who shall be upon oath, and shall receive the sum of onedol- pensation,
lar and fifty cents for each day he may be necessarily engaged there-
in, to be paid out of the funds of the county, he shall deposit the same
in the register's office of his county, and a copy of any instrument Co .evi
taken from said transcript and certified by said register, shall be re- dencef g*° °V
ceived as evidence in any court of law, or equity in this state, in as
full and ample a manner as a copy from the original books,, might or
could have been, and the original records, from which the said tran-
script may have been so taken as aforesaid, shall be deposited in the
clerk's office of the county, and in case any person should not be sat-
isfied with the transcript and wish to have access to the original, the
clerks are hereby authorized to grant such person a transcript after
demanding and receiving therefor the sum of fifty cents, to be paid
by the party applying.
Sec. 7. For the future, the registers of the different counties are
hereby authorized to call on their respective courts and demand of ter° 3 °T reglB
them a well bound book or books, for the purpose of registering there-
in such instruments of writing, as may be by law required to be re- Manner of re-
gistered, wherein shall.be entered by such register all such instru- gl3tratlon*
ments in a fair legible hand writing, and in said book or books shall
be a margin for the purpose of inserting the name of the grantee,
claimant or such person as any such instrument may be given to,
as well as the name of the grantor or person giving such deed or
other instruments, togetherwith the name of any creek or particular
place where any lands therein mentioned may lie; and it shall be the
duty of the court upon such application, to procure such a book or
books, the price of which shall be discharged by the trustee of the
county upon a certificate signed by the chairman of the court of his
county out of any county money in his hand.
Sec. 8. In any case when it may be found upon examination, the Effect of vari-
transcript aforesaid varies in any manner in wording from the origi- t°aCngcriptetWand
nal record, so as to alter the meaning and substance thereof in any original,
deed or title which may be in litigation, a copy of the original record,
certified by the clerk of the county, shall be admitted as evidence,
and in no other case whatever.
73
570
registers of county.
180 6.—Chapter 40.
Transcriber to Section 1. Any person who may have been appointed by any
leave room for court for the purpose of transcribing the records of that county, it
h'sbeen^mitt'd. be their duty, when they may find any instrument which hith
been registered on the original books, without the probate or arknow-
ledgement, to leave in the transcript by them taken, sufficient room
to record the probate or acknowledgment of such instrument.
Person inter- Sec. 2. Any person who may have any instrument registered and
duce robate'to ^ Pro^ate or acknowledgment has been neglected as aforesaid, may
transcriber! * ° produce his said instrument to the transcriber, when transcribing, or
to the register after the transcript is left in his office, and have the
same entered of record and it is hereby made the duty of said tran-
scriber or register, to record the same.
How to pro- SEc. 3. Where the original instrument may have been lost apd the
originai''nstui- party claiming under it may wish to have the probate or acknowledg-
ment lost, and ment entered of record, it shall and may be lawful for such claimant
probate to be en- or grantee to apply to the clerk of the county wherin the probate
tered' was taken (and after making oath that the said instrument was
lost previous to the passage of this act, before the said clerk,) and
receive from such clerk, a certificate of such probate or acknowledg-
ment, for which said clerk shall receive twelve and one half cents,
and present the said certificate to the said transcriber or register (as
the case may be) who is hereby required to record the same in the
blank left as by this act directed; and any such probate or acknowl-
edgment certified and entered of record as aforesaid shall a ithorize
a copy from said records to be received in evidence, in as complete and
ample a manner as if the same had been taken from the original.
Trarscriber Sec. 4. When the records of any register's office may be in the
whiieTngag'd'ia possession of any person appointed to transcribe, as contemplated by
that duty; the act of 1805, ch. 62, it shall and may be lawful for such transcriber
upon application to him made to grant copies of any instrument that
may be recorded in any book in his possession, and certify the same,
which copy so taken and certified, shall be received in evidence in as
complete a manner as if the same had been given by the register,
and the. said transcriber shall be entitled to the same fees as registers
for such copies.
1817.—Chapter 155.
Where books Section 1. When any of the books belonging to any of the offices
are old & mu -.h of the county register in this state, shall from age and much use or
scribed^ranew from any other cause become worn and likely to be useless, or where
alphabet made there shall be no alphabet to any of said books or the same shall be like-
when necessary. ]y to be worn out, the county courts respectively shall cause the same
to be transcribed, or a new alphabet to be made under the same rules
and in the same manner that certain books are directed to be
transcribed by the act (of 1805, ch. 62,) which this is intended to
amend.
18 2 3.—Chapter 5.
Place vacated
on removal of Section 1. When any person may be elected ranger or register
ranger or regis |n any county jn this state and has or may remove out of the bounds
REGISTERS OP THE LAND OFFICE.
571
of said county in which he may have been elected register or ranger
as aforesaid, the office of register and ranger as aforesaid is hereby
declared vacant.
18 31.—Chapter 90.
Office to be al.
ways open, and
deeds to be re-
gistered when
received, and in
the order of time
they are receiv'd
Liability for
neglect.
Section 15. It shall be the duty of the register of each of the coun-
ties in this state to have his office open at all times and to register
every deed as soon as he receives it, and the first deed or other in-
strument handed to him for registration shall be first registered, and
any failure or neglect of duty on his part, shall subject him to an
action on the case for any injury any person or persons have suffered
in consequence of said failure or neglect.
REGISTERS OF THE LAND OFFICE.*
18 0 6.—chapter 1.
Section 1. Two registers of the land office shall be appointed by Twq re jgtera
joint ballot of both houses of the General Assembly; they shall hold 0(iand office ap-
their offices during good behavior, and before they enter upon the pointed,
execution thereof, shall severally, before some one of the judges of
the superior courts of law and equity, take and subscribe the follow-
ing oath:
"1, A. B. do solemnly swear (or affirm) that I will faithfully, impar- Oath and bond]
tially and justly perform the duties of my office of register, according
to law and the best of my skill and judgment?
And they shall also, before one of the judges aforesaid, enter into
bond with ten sufficient securities, in the sum of fifty thousand dollars
each, payable to the governor and his successors in office, condition-
edfor the faithful discharge of all the duties imposed upon him by law;
which bond the said judge shall lodge in the office of the secretary
of state. One of said registers shall keep his office at the seat of where to keep
government, who shall be denominated the register of the land office office-
of East Tennessee; and one shall keep his office at Nashville, and
shall be denominated the register of the land office of West Ten-
nessee.
Sec. 15. The registers shall in no case issue a grant to any as- when to issue
signee of a plat and certificate of survey, unless such assignment is grant to assignee
upon said plat and certificate of survey, certified by the principal sur-
veyor to be a true copy and that it is recorded in his office; which
said assignment shall be proved in open court of the county wThere
the land lies, by two credible witnesses, with the clerk's certificate
of probate annexed thereto.
♦Note.—Though against our general plan to introduce any of the acts on the subject of lands, into the body
of this work, which do not apply to the whole state, we have thought it proper to insert the acts establishing
the five different land offices. But for all other acts relating to their duties, and those of others, as surveyors,
entry takers, £c—See references in Appendix, title "Lands."
572
REGISTERS OP THE LAND OFFICE.
How to keep Sec. 18. The register of the land office is hereby directed and re
his record books, quired to leave a sufficient margin in the record books of his office,
and whenever any warrant shall be finally carried into execution by
a grant, to note the same in the margin opposite to such warrant,
with folio references to the grant; and also to note in the margin op-
posite to each grant, the warrant and survey on which said grant is
founded, with proper folio references to the books in w hich the same
are recorded; and when any grant shall have been finally completed,
the register shall cause the plat and certificate of survey, on which
such grant is founded, to be exactly entered and recorded in well
bound books, to be kept for that purpose. Due returns herein before
required being made in the land office, the register shall make out a
grant by way of deed poll, to the party having right in the following
form:
The state of Tennessee—to all to whom these presents shall come—
greeting:
Form of grant- Know ye, that in consideration of (reciting the ground of the claim)
there is granted by the said State of Tennessee unto C D, a certain
tract or parcel of land, containing acres, lying in county,
in district and section of the same, (describing the
bounds of the land and the date of the survey upon which the grant
issued) with the appurtenances, to have and to hold, the said tract
or parcel of land with its appurtenances, to the said C D and his heirs
forever.
In witness whereof, A B, Governor of the State of Tennessee hath
hereunto set his hand and caused the great seal of the state, to be
affixed at on the day of in the year of our Lord
and of the Independence of the United States, the
By the Governor, A. B.
C. D., Secretary.
Grants how to Upon which grant the said register shall endorse that the party
«d and'recorded. hath to ^ie same> which having been signed by the governor,
' countersigned by the secretary, sealed with the great seal of the
state, shall then be entered of record at full length by the said regis-
ter in good and well boond books, to be provided by him for that pur-
pose; and being so entered, shall be certified by said register, to have
been registered, and then delivered to the party or his order; and
where a grant shall be made to the heir or assignee of any person
claiming under the before mentioned rights, the material circum-
stances of the title shall be recited in such grant.
18 25.—Chapter 7.
Section 1. There shall be appointed in addition to the two regis-
rrto be appoint-~ ters already appointed by law, a register of the land office by joint
ed. ballot of both houses of the General Assembly, who shall hold his of-
fice during good behavior, and before he enters on the duties of his
office, shall before some judge of the circuit court, take and subscribe
the oath prescribed to the registers heretofore appointed, and shall
Sa oath & a^s0 enter *nto ^on<^ secui'ity the same penalty, manner and
b'adofoth'r two condition, as required of the registers of the land office for East and
West Tennessee.
REGISTERS OP THE LAND OFFICE.
573
Sec. 2. The register of the land office herein to be appointed, shall , Title and place
keep his office in the trwn of Jackson, in the county of Madison, and of office-
shall be denominated the "Register of the Western District."
Sec. 3. The register herein to be appointed, shall do and perform Duties,
all the duties pertaining to his office, and be subject to all the pains
and penalties, laws and directions, which are now in force, and gov-
em, direct and restrain, the registers of the land offices for East and
West Tennessee, so far as they are applicable to his said office.
Sec. 4. All the land entered, or hereafter to be entered, in the 9th, Duties.
10th, 11th, 12th and 13th principal surveyors'districts, and the plats
and certificates not returned to the register of West Tennessee on or
before the first day of January next, shallbe returned to the register's
office of the Western District, and the said office shall be opened for
the issuing of grants on the first day of January next.
Sec. 5. Any person depositing a plat and certificate with the re- Duties,
gister as aforesaid, it shall be his duty to demand, as well the fee
due on the same to the secretary, as his own, and he shall be ac-
countable to the secretary for the same, and it shall further be his
duty to forward said grant to the secretary's office for the purpose of
receiving the proper signatures and seal of the state, and to procure
the same to be returned to his said office for registration: Provided,
however, that where any warrant has been consumed by different
entries for occupants, and said warrant or certificate having been
returned to the register of West Tennessee on or before the first day
of January next, any plat of survey which may at any time be made
out, founded on an entry of any part of said warrant or certificate as
aforesaid, shall, when so made out, be returned to the register of
West Tennessee, where said warrant or certificate is deposited.
IS25.—Chapter 27.
Section 1. There shall be appointed by joint ballot of both bran- A 4th register
ches of the General Assembly, another register in addition to those appoint'd,- name
already appointed by law, to be denominated the "Register of Hi-
wassee District," who shall keep his office at Athens, in the county £onde/°at '
of M'Minn, and before he enters upon the duties of the office, shall,
before a judge of the circuit court, take the oath prescribed for the
other registers, and enter into bond and security as required by law
of the registers of this state.
Sec. 2. All land heretofore entered and not granted, and all land Duties,
that may hereafter be entered in the Hiwassee district, shall be grant-
ed and recorded by the register of said district, who shall be entitled
to the same fees of office as the other registers of this state for like
services, and shall be under the same penalties, regulations and re-
strictions, in all respects whatever, as the registers heretofore ap-
pointed by law are under.
Sec. 3. The register's office for the Hiwassee district, shall be whenopen'd.
opened for the reception of plats and certificates and the issuance of
grants, on the first day of January.
574
REGISTERS OF THE LAND OFFICE.
18 2 7.—Chapter 4.
A 5th register Section 1. There shall be appointed in addition to the renters
to be appointed, already appointed by law, a register of the land office by joint ballot
of both houses of the General Assembly, who shall hold his office du-
ring good behavior, and before he enters upon the duties of his office
shall take and subscribe the oath prescribed to the registers hereto-
fore appointed, and shall also enter into bond with security in the
Same oath & same penalty, manner and condition as required of the registers of
bond. jan(j 0ffices for East and West Tennessee.
Name & place Sec. 2. The register of the land office herein to be appointed shall
of office; jjcop hig office in the town of Sparta, in the county of White, and shall
be denominated the "register of the mountain district."
Duties. Sec. 3. The register herein to be appointed shall do and perform
all the duties pertaining to his office, be subject to all pains, penalties,
laws and directions which are now in force and which govern, direct,
and restrain the registers of the land offices for East and West Ten-
nessee, so far as they are applicable to his said office.
I For what coun. Sec. 4. All the land entered or hereafter to be entered in the
ties to act. counties of Franklin, Warren, Marion, Bledsoe, White, Overton,
Fentress and Jackson, and the plats and certificates not returned to
any other register's office in this state, on or before the first day of
January next shall be returned to the "register's office of the moun-
tain district," and the said office shall be opened for the issuing of
grants on the first day of January next.
Duties. Sec. 5. Any person depositing a plat and certificate with the regis-
ter as aforesaid, it shall be his duty to demand as well the fee due on
the same to the secretary, as hi§ own, and he shall be accountable to
the secretary for the same, and it shall further be his duty to forward
said grant to the secretary's office for the purpose of receiving the
proper signatures and seal of the state, and to procure the same to
be returned to his said office for registration: Provided, however,
that all entries heretofore made in the district aforesaid by virtue of
any military warrant or part of warrant or register's certificate, shall
as heretofore by law provided, be returned to the registers' offices of
East and West Tennessee.
183 5.—Chapter 64.
An Act to provide for the electing Registers for the issuing of grants
in this state.
One register Section 1. The state shall continue as at present laid off, into five
for each division divisions and in each of which there shall be one register's office for
iegi^atureteforb4 issuing of grants, and for each of said divisions there shall be
years, elected by the joint vote of the Legislature, one register, who =hall
hold his office for the period of four years.
Registers' oaths Sec. 2. The said registers shall give the same bonds, and take the
and bonds. same oaths that the present registers are required to give and take
by the existing laws.
Where regis. gEC> 3. register for East Tennessee shall keep his office at
kV"t. ° 068 ^ Knoxville; the register for the Hiwassee district shall keep his office
registration.
575
at Athens; the register for the mountain district shall keep his office
at Sparta; the register for the middle division shall keep his office at
Nashville, and the register for the Western district shall keep his of-
fice at ^Jackson; the said registers in the performance of their
respective duties shall in all respects be governed by the existing
laws.
Sec. 4. It shall be the duty of all persons having the record books, Records to be
plats and certificates of surveys and other papers or documents be- deIlvered over-
longing to or in any way appertaining to the first, second, and third
surveyor's districts north and east of the Congressional reservation
line, to deliver over to the registers of the Middle division of the state
at Nashville, all such records and papers; and it is hereby made the
duty of all persons having the said record books, plats and certificates
of survey and other documents belonging to the fourth, fifth and sixth
districts, north and east of the Congressional reservation line, to de-
liver the same to the register for the state at Knoxville.
Sec. 5. If any person having such record books, plats and certifi- of failure to
cates, or other papers belonging to the surveyor's offices aforesaid re- dellver books,
ferred to in the second section of this act, shall fail or refuse to deliv-
er over said records, books, plats, certificates and other papers as
directed by this act, he shall be, on conviction thereof before any
circuit court of this state, on indictment or indictments, fined in a
sum not less than five hundred dollars.
Sec. 6. It shall be the duty of said registers to receive the said fRegisters to re-
record books, plats, certificates and other papers, and they shall on ceive 00 s"
application of any person who may have made any entry in any of
said offices to issue grants on all plats and certificates on which grants
have not heretofore issued, where it may appear to his satisfaction that
the same is founded on a good and valid warrant.
Sec. 7. It shall be the further duty of said registers to issue cer- to issue eer .
tificates to any person or persons who may claim any part or parts of tificates.
warrants or certificates which may appear to be unsatisfied from the
records in their respective offices and they shall be entitled to and
receive from every applicant or applicants or their representatives
the sum of fifty cents.
Sec. 8. It shall and may be lawful for the Secretary of State, as Duty of com-
commissioner of land claims, to receive and file for adjudication, all ^®^°n'rof|aild
certificates issued as aforesaid, for the adjudication of which and all c aun '
other claims he shall be entitled to the same fees as are allowed by
the act of 1825, chapter 77, section 10.
REGISTRATION.
1715.—Chapter 38.
Section 5. No conveyance or bill of sale for land (other than Deeds, &c. to
mortgage, now no exception, 1831, ch, 90, sec. 1,) in what manner or regtoered^rfl^
form soever drawn, shall be good and available in law, unless the m0nth«,
576
registration.
same shall be acknowledged by the vendor, and proved by one (now
two) or more evidences on oath, either before the chief justice, (now
before the clerk of the county court, Sfc.) for the time being, or in the
court of the precinct where the landlieth, and registered by the pub-
lie register of the precinct (now county) where the land lieth, within
twelve months after the date of the said deed, (now not to take effect
till registered, 1S31, ch. 90, sec. 6); and all deeds so done and ex-
ecuted, shall be valid and pass estates, in land without livery of seizen,
attornment or other ceremony in the law whatsoever.
Sec. 6. (Deeds and conveyances of lands or goods and chattels,
already passed and registered in twelve months, made good and avail-
able.)
Sec. 11. (Mortgage of lands, or goods and chattels, first registered
deemed first mortgage, unless the first mortgage be registered in fifty
days after the date.)
1741, Ch. 21, § 2. (All deeds of lands not already registered may
be registered in twelve months, if delivered to the register in ten
months after their ratification.)
{ 3. (Deeds heretofore registered, though not in time made valid,
as well as all registered under this act.)
1756, Ch. 6, § 2. Eighteen months allowed for registration of all
deeds not heretofore registered; and all deeds hereafter made to be
registered in two years.
$ 3. (Deeds registered under this act made valid, and those here-
tofore registered, though not in one year, also made valid.)
1760, Ch. 6, § 2. (Eighteen months allowed for registering deeds
not already registered; and all deeds registered under this act, as well
as those formerly registered, though not in one year, made valid.)
1764, Ch. 6, § 2. (Eighteen months allowed for registering deeds
not already registered; and all deeds registered under this act as well
as those formerly registered, though not in two years, made valid.)
1766, Ch. 4, § 2. (Act of 1764, chap. 6, sec. 2, re-enacted.)
1770, Ch. 9. $ 2. (Two years allowed for registering all deeds
not registered; and all deeds registered under this act, as well as
those formerly registered, though not in time, made valid.)
17 7 0.—Chapter 40.
Deeds with Section 7. Any person producing to the register of the county
certificate to be any ^eed 0f conveyance for lands in the said county, with a certifi-
registere . cate thereon endorsed, of the same having been duly proved before
the inferior court of the said county,"or the chief justice, or one of
the associate justices, shall be entitled to have the same registered;
and the register is hereby required to register the same, if such con-
veyance be not found in the books, notwithstanding such certificate
of registration.
registration.
577
1773, Ch. 29. J 2. (Deeds may be registered in two years; and
those registered, though not in two years made valid.)
1780, Ch. 11.5 3. (A further time of two years shall be given to
all persons who have heretofore, or may hereafter, obtain grants of
land under the present government, to have the same registered.)
1782, Ch. 5.} 2. (Deeds maybe registered in two years; and those
registered, though not in two years made valid; except grants here-
tofore made in Lord Granville's office.)
1783, Ch. 18.} 2. (Grants for land under the present constitution,
which have not been registered in due time, may be registered in
the same manner as deeds by the act of 1782 ch. 5.
§ 3. (All grants heretofore registered, though not in time, made
valid.)
1784, Ch. 21. § 1. (All grants not heretofore registered may be
registered in two years and be valid.)
\ 2. (Deeds may be registered in two years, and those registered,
though not in two years, made valid.)
1785.—Chapter 12.
Section 1. All marriage contracts and settlements hereafter to be Marriage set.
made shall be proved within six months after the making thereof,and be'p^o'ved^and
registered within one month thereafter; and all marriage settlements registered,
and other marriage contracts not proved and registered according to
the directions of this act, shall be void against creditors.
1788, Ch. 20. $ 6. (Deeds and grants may be registered in two
years and shall be as valid as if registered in time.)
1787, Ch. 23. § 4. (Twelve months allowed for registering mar-
riage settlements; and made as good as if registered in time.)
1788, Ch. 24. J 1. (Two years allowed for registering deeds and
grants, and made as good as if registered in time.)
$ 5. All lands entered in the office of John Armstrong, west of
Cumberland mountain,shall be registered in the county in which the
proprietors of the said land may reside. Provided, That persons
owning such lands in this state, westward of the said mountain, and
not residing therein, shall register their grants for such lands in the
county of Harkins.
1789, Ch. 59. $ 1. (Twelve months allowed for the registration of
bills of sale and deeds of gift, and shall be as valid as if registered in
time.)
\ 2. All bills of sales of negroes and deeds of gift of any estate of
whatsoever nature, shall within twelve months after the making there-
of, be proved in due form and recorded; also all the bills of sale and
deeds of gift, not authenticated in manner by this act directed, shall
be void and of no force.
74
578
REGISTRATION.
1794, Cn. 22. J1. (Two years allowed for registration of grants
for land entered in the late landotiice of North Carolina, and nnde
good as if registeaed in time.)
5 2. (Two years allowed for registration of deeds not registered in
time.)
1796, Ch. 5. § 4. (Continues act of 1794, ch. 22, in force until the
end of the next stated session of the General Assembly.)
1797, Ch. 42. 5 1. (Continues act of 1794, ch. 22. in force until
the end of the next staled session.)
17 97.—Chapter 43.
How deeds m'de
in any or" the U.
Sroved h" order Section 1. The following mode of probate of deeds and convey-
to^e^dmitted to ances of land, and mortgages for land, made without the limits of this
r gistration in state, and within the limits of the United States, shall be the only le-
this state. gaj mode of probate and the only mode upon which such instrument
shall be admitted to registration in this stale, namely, the same -ffiall
be either acknowledged by the person or persons executing the same
or the execution thereofproved by one or more of the subset ibing
witnesses, in some court of record, in some one of the United
States, the evidence of which shall be the attestation of the clerk of
the court in which such acknowledgment or proof was made, under
his seal of office, and the attestation of the presiding judge, or jus-
tice of the said court, except where the party holding such de< d or
Nodepdprov. mortgages shall have the same proved or acknowledged, wilhin the
ed as herein di- limits of this state, agreeable to the mode heretofore in force and use
re< ted to he reg-
istered ofier the m this State.
timi prescribed Sec. 2. No deed of conveyance of land, after being thus proved,
by law, shall be admitted to registration, if not done within the time prtscri-
bed by an act, entitled, "An act to continue an act for the relief of
such persons as have suffered or may suffer, by their deeds, grants,
and mesne conveyances not being proved and registered within the
time heretofore appointed by law," passed at this session of the Gen-
eral Assembly, and no mortgage for land shall be admitted to regis-
tration after one year from the execution thereof; and if not regis-
tered within that period in the county or counties, in which the land
does lie, at the time of such registration: Provided, That if the land
does not lie within the limits of any county or counties as aforesaid,
then in that case, in the office of any county within this state, •'hall
be void as the creditor or creditors of the mortgagor, and the lands
mortgaged and the mortgage not registered, as above required, shall
to be°registered be liable to the debts and demands against the mortgagor, in like man-
dfter one year, ner as if such mortgage had never been made.
REGISTRATION.
579
1801.—Chapter 20.
Section 1. If any person has suffered or may suffer by their grants, Deeds to b#
deeds or mesne conveyances not being proved and registered within registered*
this state, it shall and may be lawful for such person or persons to
prove and register his her, or their grants, deeds or mesne conveyan-
ces.
Sec. 2. This shall be in force until the end of the next slated ses-
sion of the General Assembly.
1803, Ch. 57. j 1. (Two years allowed for registration of grants,
deeds and other instruments of writing, not registered in time.)
18 05.—Chapter 12.
- Deeds in Greens
Section 1. All deeds or certified copies thereof, that have been county,
registered in the register's office of Greene county, by William Wil-
son, deputy of James Stinson, shall be considered in law as legal,
and shall be admitted as evidence in any court ofjustice in this state,
in as full and ample a manner as though they had been registered by
the said James Stinson.
18 0 5 .— Chapter 16.
5 1. (Two years allowed for registration of grants.)
Sec. 2. From and after the passing hereof, all deeds and mesne Nine month#
conveyances for the absolute tranfer of any estate in lands, tenements
or hereditaments, or for the settlement of lands, tenements or here- '
ditaments, or the settlement of slaves or other personal property in
consideration of marriage: and all m irtgages and deeds of trust
whatsoever, which shall hereafter be made and executed, shall be
void as to creditors and subsequent purchasers, unless the execution
of the same shall be acknowledged by the grantor or bargainor, or
proved by two credible witnesses at least and registered in the coun-
ty where the land lies, or in case of slaves or personal property,
where the grantor or bargainor resides, within nine months from
the time of executing such deed, mesne conveyance, mortgage or
deed of trust.
Sec. 3. In all cases where bills of sale of negroes have been exe- neBr" ea°Itc°f
cuted and not registered within the time heretofore prescribed by law,
it shall and may be lawful to register the same within nine months
after the passage of this act, and the same shall be good and valid in
law as if registered in the time heretofore prescribed.
Sec. 4. Powers of attorney authorizing the conveyance of land,may
on being proved in the manner in which deeds and other conveyances
of land are by law required to be proved, be registered in the reg-
ister's office of the county in which the land authorized to ^be con-
veyed shall lie. And attested copies of such powers of attorney shall
£80
REGISTRATION.
be 1* gal ev'dence in the same maimer as copies of deeds mid otlx r
conveyances of land, by law required to be registered
18 0 5.—Chapter 72.
r' Conveyances Section 5. All bills of sale and other instruments in willing,
JrovemeKdbe transferring or conveying any right of improvement, ( ceupancy, or
registered, pre-emption, from one settler to another, shall be proven and recorded
in the same manner, and under the same regulations as is provided
and required for proving and recording deeds of conveyance under
grants; which bills of sale and other instruments aforesaid, vvlien fo
proven and recorded, shall be as complele evidence of such transfer,
as deeds of conveyance are, of the transfer of patent lands
I 8 0 6.—Chapter 49.
from0 date6 ofac' Section 3. Any deed of conveyance made or executed la. it after,
knowiedgmentr the execution of which is established by the acknowledgment of the
party executing the same, shall take effect only from the date of such
acknowledgment, for the.purpose of admission to registration.
18 0 7.—Chapter 62.
Probates not .
registered pro- Section 1. When any person shall be concerned or interested in hav-
vided lor. jng registered the probate or acknowledgment of any deed or instru-
ment required by law to be registered, which probate haih not been
registered with such deed or instrument, and such person sh ill not be
possessed of, nor have in his or her power such deed or instrument, al-
though the same may be in existence, it shall be lawful for such per-
son to apply to the clerk of the county court where such prol ate was
made, and procure such clerk to make out a transcript of such pro-
bate or acknowledgment, and certify the same (the peison so apply-
ing) having first made oath that the original deed or instrument is
not in his possession, and that he hath no power or control over such
deed or instrument, for which certificate the clerk shall be entitled
to twelve and one half cents; and on production of such certificate of
probate or acknowledgment to the register or transcriber of the regis-
ter's books of the county where such deed or instrument hath teen
registered, it shall be the duty of such register or transcril er, to ng-
ister such probate or acknowledgment in the same manner, as if the
original deed or instrnment with the probate or acknowledgment
thereon written was produced.
18 07.—Chapter 85.
12 months for Section 1. It shall be lawful for any person who hath failed or
r'glst'ring gr'nts neg]ecte(j p0 register his-or her grant or grants, within the time here-
tofore limited and prescribed by law, or for any other person < r per-
sons claiming under such grantee, to cause or procure the same, to-
gether with the certificate of survey to be registered, at any time
within twelve months from and after the first day of January next;
REGISTRATION,
581
and such registration shall be as good and valid in law, as if the same
had been done within the time heretofore limited and prescribed for
that purpose, any law to the contrary notwithstanding. And if any
person hath, or shall have lost or mislaid his or her original grant, so
that it cannot be found, and such original grant so lost or mislaid, hath
n it heretofore been registered in the county where the same hath
been required to be registered, it shall and may be lawful for such
person, or for any other person or persons claiming under such gran-
tee, to procure from the secretary's office of the State of Noith Caro-
lina, a true and regularly certified copy of such grant, and offer the Copy where
same for registration in the county where the land lies, called for in to be registered.
such grant; and the register of such county is hereby required to
register the copy so offered, together with the certificate of the secre-
tary of state, and the testimonial of the governor thereto annexed;
and such registration shall be as good and valid, as if the original
grant itself were registered, provided the same shall be done within
the aforesaid time of twelve months from the first day of January
next.
Sec. 2. (One year allowed to register deeds, deeds of trust, and of
mortgage, powers of attorney to sell land, bills of sale for slaves, or
other instruments required to be registered, from the 1st of January
1808, and such registration shall be good, except as against creditors,
and innocent subsequent purchasers, trustees or mortgagees, who
have had their deeds registered.)
Sec. 3. All deeds of conveyance for the absolute transfer of any
real property, all deeds of trust or of mortgage, powers of attorney, Deeds of trust,
bills of sale or other instruments of writing, which shall hereafter be mort?ase» pro-
^ . . . 0. , . , . , ven in court or
exhibited tor registration in any county within this state, shall first county district.
have been proven or acknowledged in the following manner, that is Except non-
to say, all such deeds of conveyance, deeds of trust or mortgage, and residenls-
powers of attorney, authorizing the* transfer of real property, shall be Deedg for per>
acknowledged by the grantor in such deed or power of attorney, or sonai property
be proven by at least two subscribing witnesses thereto, in the court proven in any
of the county or the court of the district where such land or some t^ct?7 °r
part thereof, lies, except in the case of non-resident grantors or bar- From non resi-
gainors hereinafter provided for; and all bills of sale or other instru- d®||ta
ments of writing, for the transfer of personal property, shall be so gtate#
acknowledged or proven in the court of any district or county within
this state; and all deeds of conveyance, deeds of trust or of mort-
gage, and powers of attorney for the transfer of lands wherein the
grantor or bargainor shall reside beyond the-limits of this state, with-
in any other state or territory, (the execution of which ehall not have
been acknowledged or proven in this state,) shall be acknowledged
by the grantor or bargainor, or the execution thereof be proven by
two or more subscribing witnesses thereto, in some court of record of
some one of the states or territories of the United States, the evi- Jind jn count
dence of which shall be the attestation of the clerk of such court in including it.
which said acknowledgment or probate was made, under the seal of Personal pro-
his office, and the attestation of the presiding judge or justice of said ofresid'ence"11^
court; which probate or acknowledgment, in each of the cases above
named, shall be endorsed by said clerk on the back of such deed or
other instrument of writing, and shall entitle the same to registra-
tion, (if for the transfer or authorizing the transfer of lands,) in the
Attestation*
Registration of
582
registration.
If vendee of county or counties where such land shall lie, and if for the transfer of
pergonal proper- personal property, in the county where such vendee or bargainee
dent re^straten reside; and if such vendee or bargainee lie not a resident of
may lie-in c'nty any county in this state, it Shall be registered in ihe county wherein
where proven. same has been proven or acknowledged; and it shall be the duty
of each and every register, to register the whole of the certificate or
Certificate of certificates of probate endorsed on the back of each and ever} deed,
be'reg^Btered. l° power of attorney, bill of sale, or other instrument of writing b) him
registered.
Sec. 4. All deeds of conveyance for the absolute transfer of any
Past and future rea^ ProPerty>an^ all powers of attorney authorizing the sale or trans-
to"e Registered ^ei' °f any lands, all deeds of trust or of mortgage, bills of sale of ne-
in 2 years. groes or other personal property, which have heretofore been execu-
ted and the time of registration has not expired, and which ma) here-
after be executed, shall be proven or aoknowledged in manner heiein
before required, and be registered within the proper count) where
the same, by this act, ought to be registered, within the following
times; that is to say, all deeds of conveyance for the absolute trans-
fer of lands, and all powers of attorne) authorizing the transfer of
lands, within two years from and after the date of the same, or within
mortaRR "and two y6ars ^rorn an<* a^er the passing of this act; all deeds of trust or
trust deeds year of mortgage, within one year from and after the date of the same,-or
after their date, within one year after the passing of this act; all bills of sale for'the
transfer of negroes or other personal property, within one } ear from
and after the date of the same, or within one ) ear from and after the
passing of this act; otherwise the same shall be void as against ere-
ditors and,subsequent purchasers.
Sec. 7. All deeds of conveyance for the absolute transfer of real
property, deeds of trust or of mortgage^ powei s of attorney for the
^RerinRertafn conveyance °f land, and bills of sale of negroes, or other personal
cases. nCCr am property, which shall heretofore have been made and executed, and
shall h ive been attested by only one subscribing witness-; or where
there should have been more, and only one of them living or so re-
moved that said witness cannot be had, and shall not have 1 een prov en
and registered, shall and may be proven by said subscribing witness,
or acknowledged by the grantor or obligor in manner as herein before
named, and may be admitted to registration at any time within twelve
months from and after the first day of January next, in the county
where the same ought to be registered; and said deed, power of at-
torney, or bill of sale, shall be good and valid 1o transfer the estate so
conveyed, against the grantor and his legal representatives, and all
other pei-sons, "except innocent subsequent purchasers without notice
of said deed, who may have said subsequent deed proven and regis-
tered as required by law.
18 09 .—Chapter 14.
Sec.1. (Twelve months allowed grantors to register their grants
or copies, in accordance with the act of 1807, ch. 85.)
j 2. (Twelve months allowed for registration of deeds, &c.)
{ 3. (Every deed, deed of trust, mortgage, or power of attorney to
uell lands, not registered, shall be registered.)
registration.
583
} 4. (Every bill of sale or other instrument not before mentioned,
may be registered in the county where the vendor lives.)
5 5. (Deeds, &c. hereafter made to be registered within the time
prescribed by law.)
Sec. 8. From and after the passing of this act, the copy of any Provision in
deed for the conveyance of land, or power of attorney certified in the cases where pro-
usual form by any county register within this state, to be a copy from been
his register's book or books, shall be received as evidence by any
court of justice within this state, though it should not appear by such
copy that the probate had been registered with the original deed, the
copy of which is so offered. Provided, nevertheless, That the court Proviso,
to which such copy is offered as evidence, shall be satisfied that the ori-
ginal deed or power of attorney is not in the power or possession of the proviso,
person offering to use such copy as evidence. And provided also. That
such deed shall have been registered in the register's office of the
county in which by law it was required to be registered.
1809, Ch. 26. 5 1. (A.11 deeds and mesne conveyances heretofore
acknowledged in open court, or proved by two witnesses, and regis-
tered, made as good as if registered in time.)
1809.—Chapter 33.
Section 1. All deeds of conveyance for land heretofore registered Remedy pro-
in the register's office in any county in this state, where by law the vided in cahCS
same was required to be registered, where the register halh failed to have™ failed ^to
register the signature and seal of the grantor, shall be considered register the Big-
good and valid in law, and a copy from said registration shall be ad- nature and aeal
6 ... i -j . • . r i j. j. • of grantor,
mitted as evidehce in any court of law or equity in this state, in as
full and ample a manner as though the signature and seal to the same
had been registered in any office in said state; any law, usage or
custom to the contrary notwithstanding.
18 0 9.—Chapter 100.
/
Section 1. (Re-enacts 1st section of 1807, ch. 85, except that two
years are given for registering the instruments therein mentioned.)
§ 2. (Re-enacts 2nd section of 1807, ch. 85, except that two years
are allowed instead of one.)
Sec. 3. All deeds for ihe absolute conveyance. of any real estate
within this state, to which the Indian tit'e was not extinguished, at p^eT'iynneor
the time of the execution of such deed, and at the time of the regis- more witnesses
tration of the same, as hereinafter mentioned, which deeds shall have tobe readinevi-
been proved by one or more of the subscribing witnesses thereto, in dence*
any court of record, or before any judge of the superior courts in the
state, or shall have been so proven before any court of record, or any
judge of a court or mayor of a city out of this state, and shall have
been registered in any county in this state, within the time required
for the probate and registration of deeds, such probate and registra-
tion shall be sufficient to entitle such deed or deeds to be read in evi-
dence in any court within this state, and shall also be sufficient to en-
title such deed or deeds to registration in the county or counties
584
REGISTRATION.
where said land may lie, when the Indian title is extingm In <1
thereto.
Deeds proven ®EC* All deeds or mesne conveyances fin* land within this state,
out or the state which shall have been made and executed out of the limits of Ins
provided for. state by grantors who reside beyond the limits of this state, and sh 11
have been proven by one or more of the subscribing witnesses tin r< -
to, or acknowledged by the grantor or grantors before an) judge ot
any court in another state, or before the mayor of any cit) or rorp »-
ration in another state, and shall have been registered in this state
in the county where the land or any part thereof lies, with n the tune
required by law for registering the same, sue i probate and registia-
tion shall be good and sufficient to entitle the same to be read in ev i-
dence in any court within this state, and any such probate hen-
tofore made, shall be sufficient to entitle any surli deed to regislra-
tion in the county where such land lies, at any time within twehe
months from this date.
Attestations ®EC* The signature of any clerk or register to any cert'fi-tile
good with ini- or instrument of writing issuing from the othce to which such eh rk
tiais only. or register may belong, shall be good and valid both in law and
equity, although the initials only of the county, district or cir< nit
within which he may be clerk, may be affixed to the name of Mich
clerk or register: Provided, It clearly appears by an explicit (\-
Proviso, pression in any part of the writing to which such name is affixt d, to
what county court, circuit court, superior court of law or court of
equity, such clerk actually belonged, or to wThat county such regM* r
belonged.
18 09.—chapter 10 4.
Section 1. Where subscribing witnesses to any deed of conveyance,
power of attorney, bill of sale, or bond for the conveyance of real
estate, which may require registration, reside without the limits of
this state, it may and shall be lawful for the holders of such deeds of
conveyance, powers of attorney, bills of sale, and bonds for the e< n-
veyance of real estate, to procure the testimony of such subscribing
witness or witnesses, to be entered on record in any court of re •( rd
having cognizance thereof; and such probate, endorsed on such (let d
of conveyance, power of attorney, bill of sale, or bond for the con-
veyance of real estate, and authenticated according to the act of ct n-
gress, which prescribes the mode of certifying the records of any
state, in order to give them authenticity within any other state, shall
be admitted to registration in any court of rec >rd in this sta^, i s if
the same had been proven in the said court, under the existing laws.
1811.—Chapter 39.
Section 1. (Two years allowed -for registering all instrunit nts
required to be registered, according to the provisions of the net of
1809, ch. 100.)
Sec. 2. All deeds of conveyance, or other instruments requi * rl
Provision for by law to be registered, may be proved in any court of record m this
cases where wit1- state, by any of the subscribing witnesses thereto, and thereup u Ln
pessesnre deed, registered, if the other subscribing witues" or witness thereto, 1«
Where wit-
nesses live out
of the state.
Evidence may
be entered of re-
cord there, and
certified under
the act of Con-
gress.
registration1.
585
dead, or reside out of the limits of this state; and if the grantor, bar-
gainer, or m iker of any such instrument be dead, and all the sub-
scribing witnesses thereto be dead, the hand writing of the grantor,
bargain >r, or maker of such instrument, or the hand writing of any,
or all of the subscribing witnesses thereto, may be proved in any of
the courts aforesaid; and on such proof so made and endorsed on
such deed or other instrument, the same may be admitted to regis-
tration as prescribed by Jaw in other cases, and thereupon shall be
read in evidence in any of the courts in this state; and attested co-
pies of such deed or instrument shall be evidence in all cases where
attested copies of other registered deeds or instruments, are evidence
by the laws of this state.
Sec. 2. This act shall continue and be in force until the end of the
next stated session of the General Assembly.
1811 —Chapter 76.
Section 1. All grants of land issued from the state of Virginia, for Titles may b«
lands lying north of what is commonly called Walker's line, and now registered,
in the limits of the state of Tennessee, shall (on being presented for
that purpose to the proper officer) be registered in the county where
said land may lie, and after ffie register certifies on the same, that it
has been duly registered, all such grants, so registered and certified,
shall be received as good evidence in any court of record in this
state.
Sec. 2. All conveyances of land, and other papers or documents
relative to the same, for lands situated as aforesaid, which have been J.where the Iftn4
duly proven and recorded in any court of record in the state of Vir-
ginia, shall, on being presented as aforesaid, be registered in the
county where said land may lie; and after said register certifies the
same to have been duly registered, all such conveyances, and otheu
papers or documents, shall be received as good evidence in any court
of record in this state.
Sec. 3. All grants, deeds of conveyance, and other papers or ^cood evidence,
documents, relative to land situated as aforesaid, which have been
heretofore registered, as in this act directed, shall be received as good
evidence in any court of record in this state.
Sec. 4. It shall be the duty of the registers within this state, nutyofregu-
wherein any grants, deeds of conveyance, or other papers or docu- ters.
ments relative to lands situated as aforesaid, is presented to them for
reg'stration, to receive and register, and certify the same, for which
servbe they shall be entitled to such , fees as they are entitled for
similar services.
18 1 2.—Chapter 76.
Section 1. In all cases where a county line may or does run where county
through the land of any person or persons, it shall and may be lawful line divid's land,
for the owner or owners thereof to have the grant or deed for the
while of said land registered in either of the counties so dividing
said land, which shall be as good and valid in law or equity as if the
same had been registered in the respective counties.
586
REGISTRATION.
Former rcis- Sfc. 2. Where any person or persons may have heretofore regis-
tration tood. tsrea his, her or their grant or grants, deed or deed1-, for land or
lands in a county where the same may have been divided b) the
county inc, as staiei by the first secti >n of this act, the some shall
be good and valid both in law and equity, any law to the contrary not-
withstanding.
1813, Ch. 81, § 1. (The act of 1811, ch. 76, continued in force
until the end of the next stated session.)
181 5.—Chapter 179.
Section 1. (Two years allowed for registration.)
Sec. 2. (Deeds, deeds of trust, mortgages and bills of sale for
slaves hereafter made to be registered in twelve months.)
Deeds proved Sec. 3. All deeds of conveyance for lands and other instruments
by one suiscrib- required by law to be registered, which were executed unoer the
ins witness de jaw requiring but one subscribing witness, and which may have been
dared good in n, ° . . ° . c ' , . . . x AJ ,
certain cases. proven by one witness in any court of record in this state, and regis-
tered in the proper county, within the time then prescribed by law,
"or proving and registering the same, shall be as good and sufficient
is if the same had been proved in the county where such land might
.ie.
Sec. 4. All grants required by law to be registered, may be regis-
r^ist'red'vdtiiin tere(* *n ProPer county, at any time within two years from the
tw.)SyearsW1 m passing of this act, and if the original grant shall have been lost or
Provision when destroyed, a copy from the proper office where such grant may have
lost orlglnal 19 been recorded, duly certified, may be registered within the same
° * time, and shall have the same effect, as if the original had been
registered.
Deeds, #c. Sec. 5. Where any deed of conveyance, of trust or mortgage, bill
proved nmy be Qf sajCj or other instrument authorized or required by law to be regis-
county.*"*inaDy tered, has heretofore been proven or acknowledged in any court of
record, or before any judge in this state, in the manner prescribed by
law, at the time of such probate or acknowledgment, and the witness
or witnesses are dead, or may have removed out of the limits of the
United States, such deed, bill of sale, &c. may be registered in the
proper county, at any time within twelve months after the passing of
this act, on proof being made in some court of record in this stale, of
the death or removal of such witness or witnesses, and such registra-
tion shall be as good as made on a probate in conformity to the law
now in force.
Sec. 6. Where all the witnesses to any deed of conveyance of
trust, or mortgage, bill of sale, or other instrument required or autho-
H palish and rized by law to be registered, heretofore executed, are dead, or may
writing may be have removed out of the limits of the United States, such deed or
proved. other instrument may be registered in the proper county, on proof
being made in any court of record in this slate, of the hand writing
of the bargainor, grantor or maker, and the wutness, where tnly cne,
and of at least two subscribing witnesses, where more than cne,
within twelve months from the passing of this act, and such registra-
tion shall be as effectual as if the probate had been made in conferm-
ity to the laws now in force: Provided, The execution of such deed
REGISTRATION.
587
or other instrument, may have been attested ta the number of wit-
nesses requisite at the same time it was made.
1817.—Chapter 45.
Section 1. All persons holding deeds for conveyance of land,
deeds of trust, of mortgage, powers of attorney and bills of sale, ^°a„y tinje!ered
which have not been proved and registered within the time hereto-
fore prescribed by law, shall be allowed to prove, or acknowledge
and register the same at any time hereafter, and such registration
when made, shall be available in law, to vest the title from the date
of such conveyance as against the grantor, bargainor, and all others,
who may have purchased with notice of such conveyance, mortgage
or deed of trust.
Sec 2. All deeds for the conveyance of lands, mortgages, deeds of Deeds here-
trust, powers of attorney and bills of sale, which may have been exe- after to ie regis-
cuted within twelve months before the passage of this act, and all c'in 12
deeds for the conveyance of lands, mortgages, deeds of trust, powers
of attorney and bills of sale, which shall hereafter be executed, may
be proved or acknowledged, and registered at any time agreeable to
the laws now in force on that subject, and the same shu.l be held
good and valid in law and equity against the claim or demand of the
grantors, bargainors, or makers thereof, and against the claim or de-
mand of all subsequent purchasers, with notice of such deeds, powers
of attorney, or bills of*sale, and against the claim, interest or demand
of all and every person or persons whatsoever: Provided, The same
shall have been proven, or acknowledged and registered within
twelve months after the execution thereof.
Sec. 3. The second section of an act, passed the seventeenth day Second section
of November, 1815, entitled "an act to provide for proving and reg- °apaaiedf 1815,
istering of grants, deeds of conveyance, and other instruments re-
quired by law to be registered," be and the same is hereby repealed.
Sec. 4. All and every person or persons, who fnay have hereto- for^5u®" h.®™t0*
fore procured their deeds of conveyance for lands, deeds of trust, of g°rad
mortgage, powers of attorney, and bills of sale, to be proved and reg- era nnd" purchas-
istered after the time required bylaw for such deeds, and instruments era with notice,
of writing to be proved and registered, such deqds of trust, of convey-
ance, of mortgage, powers of attorney, and bills of sale, shall be good
and available in law against the grantor, bargainor, and rgainst all
those who may have purchased with notice of such conveyance, mort-
gage, deed of trust, or bill of sale.
Sec. 5. Any person or persons who may have any grant or grants Purther tlm#
to lands within the bounds of this state, which by law are required to allowed to regis-
be registered in the county where such land may lie, who'may have ter grants,
heret >fore failed in having such grants registered, within the time
prescribed by law, shall have the further time of two years, from and
after the passage of this act, to have such grant or grants, or a pro-
perly certified copy, registered in the county where such lands may
lie, every person or persons, who may have had their grants regis-
tered, after the time required by law, such registration shall be as
good and available in law, as if the same had been registered in p?o-
per time.
Sec. 6. In all cases where any deed of conveyance, of trust, of Thies proved
mortgage, power of attorney, and bills of sale, have heretofore been ,n on* county
588
registration,
may be register, proven and registered in the wrong county, us well such deeds, bills
edin another, of sale, and powers of attorney, which have been proven by one wit-
ness, when the law only required one witness for ihe registration of
such instruments of writing, as such deeds, bills of sale, and powers
of attorney which have been proven by two witnesses maj be regis-
tered in the proper county, upon the certificate of the clerk of the
court, where such deeds, bills of sale, and powers of attorney may
have been proven, shewing such probate, and such registration shall
be good and effectual, provided the same be made within one year
from and after the passage of this act, against the grantor, bargainor,
or maker thereof, and all those who may have purchased with notice
of such conveyance, mortgage, deed of trust, or bill of sale.
1819.—Chapter 47.
12 months to ®ECTIoN Any person or peasons who may have failed to regis-
register.°nt " ° ter his, her or their grants, deeds or other instruments requiied by
the laws of this state to be registered, within the terms prescribed by
said laws, shall have the further time of twelve months to register the
same: Provided, That said registration shall not operate to the in-
jury of creditors or subsequent purchasers.
Sec. 2. Hereafter ail deeds of conveyance or other instruments of
ve^nnce & other W1'ihng required by the laws of this state, to be registered, shall be
inatruments of registered within twelve months from the execution thereof; and if
writing to here- any person shall fail to have his or her dee!! or other instrument of
l^'monthiTfrom writing as aforesaid, registered within the term by this act prescrib-
the"1 execution ed, such person or persons may at any time thereafter have his, her
thereof. or their deed or other instrument of writing registered, in v.hichcase
such deed or other instrument of writing shall only^operate, and take
effect from the time when so registered.
Sec. 3. Whereas many persons claiming lands in the western dis-
Copy may be trict, and other persons have had their grants and mesne convey-
regibtered. ances, registered in Greene county and other counties in this state,
other than that in which the lands lie, or did lie, at the time of such
registration, therefore,
When any grant or deed of conveyance shall have been registered
in any county in this state, with the proper probates, it shail and may
be lawful for any one interested therein, to have registered in the
proper county, a copy certified by the register of the county wherein
such grantor deed may have been thus registered; and such re-
gistration shall be good and valid in law, and a copy thereof shall be
evidence, as if such registration had been of the original grant or deed
of conveyance.
x 8 2 0.—chapter 20.
Section 3. (Bargainees under the law requiring but one attesting
witness, may have their deeds of conveyance registered at any time
within twelve months, in the county where the land lies.)
n deeds of ^EC" deeds or mesne conveyances for and within this state,
mesnec'nveyan- which shall have been made or executed, or which may hereafter be
e's for l'nd with- made and executed by grantors or bargainors, living in other states,
euted^iT^rant"suc^ deeds or mesne conveyances shall be admitted to registration in
REGISTRATION.
589
any county in this state, upon the probate or acknowledgment of orsor bargainors
such deeds or mesne com eyances taken in pursuance of the laws of
the state, where the grantor or bargainor or witnesses to such deeds to registration in
may live: Provided, The probate or acknowledgement of such deeds this.
or mesne conveyances be endorsed thereon with the certificate of
the officer before whom taken, that he is acquainted with the bar-
gainor or witnesses as the case may be, and he or they are inhabi-
tants of the state where the probate or acknowledgment is taken:
And provided also, That the Governor or secretary, or some judge
of the superior court of such state, shall certify that the probate or
acknowledgment endorsed thereon is in due form; that it is done in
pursuance of the laws of such state, and by the proper officer; and if
s ich certificate be made by the governor or secretary, it shall be
under the great seal of the state, and provided always, such deed or
mesne conveyance be registered within twelve months from and after
the passage of this act, or within twelve months from and after the
execution of such deeds or mesne conveyances in the county where
such land lies; which deeds so proven and registered, shall be good
and effectual to pass the title to the lands called for in said deeds,
except against subsequent purchasers for a valuable consideration,
and without notice.
Sec. 3. Where it shall so happen that two or more joint bargain- ^ Hqw ^
ors shall have made or who may hereafter make a deed or deeds of ceed°^ casiTof
conveyance, and before the same can be proven in open court, one or the death of any
more of such joint bargainors and the subscribing witness or wit- of *he Parties or
j o o witnesses,
nesses thereto, shall have died, it shall and may be lawful for
the bargainor or bargainees in such deed or deeds, to pursue the
legal mode now pointed out for the probate of deeds, where the sub-
scribing witness or witnesses and bargainor or bargainors are dead,
notwithstanding one or more of said joint bargainor or bargainors
may be living.
18 2 1.—Chapter 57.
Section. 1. When deeds of "conveyance for land or powers of at- Registratjon of
torney authorizing such conveyance shall have been registered in the deeds and pow-
county where the land lies, upon acknowledgment or probate which ers of attorney,
was by law authorized at "the time such acknowledgment or probate
was made, or any subsequent law, such acknowledgment, probate or
registration shall be good and effectual to pass the estate thereby in-
tended to be conveyed.
Sec. 2. Where any deed of conveyance for land, or powers of at- ,
torney authorizing such conveyance shall have been acknowledged ment "before8*
by the grantor or bargainor before any judge authorized to take the JMge good with-
acknowledgment of deeds, and the fame shall have been registered "J?1 Official
in the county where the land lies, and the judge before whom the character,
acknowledgment was made, shall have omitted in his certificate to
state his official character, by initials or otherwise, such acknowledg-
ment and registration shall be good and effectual to pass the estate
thereby intended to be conveyed: Provided, nevertheless, That
this act shall not be construed to defeat the rights of creditors
or subsequent honajide purchasers, for a full consideration without
notice of such deed or power of attorney..
590 registration.
1821.—chapter 61.
Section 1. In all cases where a deed of conveyance of land, has
been acknowledged before a judge of the late superior courts of law
and equity, or before any court of record in this state, and since reg-
istered in any register's office in this state, or where the privy exunii-
nation of a feme covert through whom the title is derived has been
taken before any court of record and certified, and such deed regis-
tered in the proper county; such deed or an authenticated copy
thereof may be read in evidence, and shall be deemed sufficient to
pass the title: Provided, That no person claiming by a conveyance
under the same title shall be affected thereby.
182 2.—chapter 12.
How registered Section 1. All deeds or mesne conveyances for land within this
wiien made out state, which shall-have been made and executed out of the limits of
of the state. tj^g state? grantees who reside beyond the limits of the state, and
which previous to the passage of the act of 1809, ch. 100, shall have
been proved by one or more of the subscribing witnesses thereto, or
acknowledged by the grantor or bargainor in open court, of any
court of record in the state where such bargainor shall reside, which
probate shall be certified by the clerk of said court or his deputy, and
thereupon such deed shall have been registered in the county where
said land lies, such probate or acknowledgment and registration shall
be as good and effectual as if the same had been made before a judge
or mayor agreeably to the provisions of said act, and shall be eflec-
tual to pass the estate thereby intended to be conveyed: Provided,
nevertheless, that the interest or titles of subsequent purchasers shall
not be affected thereby.
18 2 4.—chapter 12.
Section 1. Every person or persons who have had their deed or
Provision for deeds of conveyance for land, recordered or registered in any county
dfeds registered in this state, different from that where the land lies, shall be entitled
in wrong co'nty tQ jjave their said deed or deeds registered in the county where the
land does lie; and the certificate of the clerk or register, on said deed
or deeds, shall be sufficient authority to the register of the county
wherein the land lies, to enter said deed or deeds on his bo >ks; and
after such registration, said deed or deeds may be read in evidence
in any court of record in this state, and have the sani3 effect as if ori-
ginally rightfully registered: but no:hing in this act contained shall
be so construed as to affect the right of any subsequent purchaser,
claiming under the same title.
1 8 2 5.—Chapter 61.
Deeds acknow-
ledgfd, #c. and
registered, or
authenticated
copies, may be
read in evidence.
Residence of Section 1. When any deed is •Tered in evidence in any of the
grantor need not courts of this state, under the provisions of the 4th section of an act
be proven. 0p General Assembly of this state, passed the 22nd November
registration.
591
1809, ch. 100, the same shall be received and read in evidence with-
out proving where the same was executed, and without proving that
the gvant v or grantors, bargiinor or bargainors, to such deed, aid, in
fact, reside beyond the limits of this state at the time the same was
executed.
18 2 7 .—Chapter 59.
Section 1. All deeds of conveyance, grants, bills of sale, or other May be regJs,
instruments of writing now executed, or which maybe hereafter exe- tered at any
cuted and made and required by the laws of this state, to be recorded tiuie-
or registered, and which has not, or may not be registered within the
time prescribed by law for such registration, may at any time here-
after be recorded or registered, and when so registered or recorded
shall be as good and valid in law as if registered within the time pre- Good except
scribed by law: Provided, That nothing in this act contained, or *®dt0 crrdtor«
such registration, shall affect the rights of creditors or bona fide pur- an purciaser8,
chasers, for a valuable consideration without notice.
18 31.—Chapter 90.
Whereas, by the laws of this state, deeds for the conveyance of land,
mortgages, powers of attorney, bills of sale and other instruments
required by law to be registered, may be proven and registered at
any time within twelve months of the execution thereof, in conse-
quence of which, numerous frauds are daily and secretly prac-
tised, mortgaging and conveying property, which had been pre-
viously mortgaged or conveyed, to the great injury of the subse-
quent mortgagee or purchaser, and to the good people of this state
generally—and whereas, the registration laws as they now exist,
do not answer the purpose for which they were originally design-
ed, to wit: to give notice to creditors and subsequent purchasers;
and whereas, they now have a manifest tendency to encourage the
commissi >n of frauds by secret conveyances of property, for re-
medy whereof—
Section 1. All deeds for the absolute conveyance of lands, tene- pro>ateofin
ments and hereditaments, all bills of sale for the absolute conveyance strummta of
of slaves, or other personal property, all mortgages and deeds of conveyance,
trust of either real or person il property, all deeds of gift, all powers
of attorney, authorizing the conveyance of real or personal estate,
or for any other purpose, all marriage contracts or agreements, all
bonds or agreements in writing for the conveyance of real or per-
sonal property, shall be acknowledged by the party or parties execu-
ting the same, or be proved by at least two subscribing witnesses in^
the manner hereinafter prescribed, and be thereupon registered.
Sec. 2. The probate or acknowledgment of all and every, the in- May be taken
struments of writing mentioned in the first section of this act, maybe inoroutof co'rt.
taken or proved before the clerk of any county court in the state,
either in or out of term time, and by said clerk certified as hereafter
directed; and in taking the probate of any of the above mentioned
instruments, it shall be the duty ot the clerk taking the same, to pro-
pound the following questions npon oath to said witnesses: "Are you
personally acquainted with (the person who executed the in-
592
REGISTRATION.
Duty of clerk, strument.,) did he sign, seal or acknowledge the same in your pre-
sence, and on the day it purports to be dated, and if said questions
are answered in the affirm xtive, the clerk shall thereupon put upon
the back of said deed or instrument, or some other part thereof, the
following certificate.—State of Tennessee, county, pers »n-
ally appeared before me clerk of the county rcourt of ,
A and B subscribing witnesses to the within named deed, who being
first sworn, depose and say, that they are acquainted with , the
bargainor, mortgagor, &c., and that he acknowledged the same in
their presence to be his act and deed, upon the da} it bears date, or
state the time pi-oven by the witnesses, or that they saw hirn sign,
seal and execute the same; witness my hand at office this day
of
Sec. 3. Where any person or persons, who have executed any of
the above mentioned instruments, wish to acknowledge the same, it
Acknowiedg- shall be lawful for any of said clerks to receive said acknowledg-
ment howmMe ments '^e personally acquainted with the person wishing to make
' ' said acknowledgment, but not otherwise, in which case he shall put
on said deed the following certificate.—State of Tennessee,
county, personally appeared before me clerk of, &c. the within
named (the bargainor, obligor, &.c.)__with whom I am personally ac-
quainfed, and who acknowledged that he executed the within (deed,
bond, &c.) for the purposes therein contained. Witness my hand at
office this day of -"18
Sec. 4. Any clerk or clerks, who fail or neglect to proceed in man-
Penalty on ner above described, in taking the probate or acknowledgment of any
clerk for neglect instrument, mentioned in this act, or who shall put a false certificate
or failure. thereon, shall be liable in an action on the case to pay any damage
which any person or persons shall have sustained in consequence of
such neglect or failure, and should said failure or neglect or other act
be done corruptly of purpose, it shall be a misdemeanor in office for
which such clerk may be removed.
Sec. 5. All instruments or deeds so proven or acknowledged, shall
together with the certificate thereon be registered as follows: if for
Mode of re»is conveyance or agreement to convey land, it shall be registered
tering the 'rari* io the county where said land lies, unless said land lies partly in two
ous instrum'nts. counties, in which case it may be registered in either, and where said
deed or bond contains several tracts of land lying in different coun-
ties, it shall be registered in each of the counties where any of said
land is situated, and if said deed or bond contains both real and per-
sonal property, it shall be Tegistered as aforesaid in the county or
counties where the land lijs, and also in the county where the per-
son who executed the same resided at the time of its execution, and
all deeds, bills of sale, agreements and other instruments for the con-
veyance of personal property shall be registered in the county where
the vendor or person executing the same lived at the time of execut-
ing the same, except marriage contracts, or agreements in which the
wife's property before marriage is settled on her or a trustee lor her
use; these shall be registered in the county where the husband re-
sides at the time of the marriage, and should the husl and move to
any other county or counties in the state, it shall be registered in
said county or counties, and if the original is lost, a copy from the
register's books in the county where first registered shall be so regi^-
tered, and all such marriage contracts or agreements, made without
registration*
593
the limits of this state, where the husband and wife remove into this
state, and bring1 with them the property, shail be registered in the
county in which they reside, and if they remove to any other county
shall be registered there. t ice Meet
Sec. G. Any of said instruments so proved and registered, shall be froin°thae thueot
received in evidence in anyofihe courts of this state, subject never- registration,
theless to be impeached and proved a forgery, if the fact be so; and
any said instrument so proved and registered as aforesaid, shall take
effect only from the time they are registered, and any deed of con-
veyance, bill of sale or other instruments above mentioned, which
shall be last executed, but first registered, shall have preference
there >f, unless it is proved in a court of equity accor ling to the rules
of said o irt, that such subse pient purchaser had f ill notice of the
previ >us conveyance; and the liens of judgment and executi>n(is
hereinifter regulated) shili hive preference to any deed or bond or
other instrument not registered at the time the said lien of said
j idg nent or execution attached. Qf ronv<.van.
Sec. 9. All deeds or conveyances for land made without the limits ce« made with-
of this slate,shall be proved as heretofore,or before a n >tary public un- out the limit of
der his seal of office, and when so proved shall be registered in the the 8tatc'
same manner and under the same rules that govern in cases of deeds
m ide within the state, an 1 all deeds or m ortg iges fur the conveyances
of person ility or deeds of gift of personal property, ( nher than mir-
riige contracts which are before provided for) made by a citizen or
resident of this state without the limits of this state, sh ill be proved
and recorded in the same manner as if executed with-n the stite.
Sec. 19. Where all the subscribing witnesses to a deed or other in- Mr.
• ii lii-- /* i • i WnTB «u\*orif>.
str.iment are dead, or reside beyond the limits of this state, it may be ing wL'esajs are
proved by any two persons who are acquiinted with the hand writing deaJ-
of the person who executed the same, which facts, together wiih the
probate, sh 11 be certified on s lid deeJ, and where all the subscribing
witnesses are dead, except oue, or all reside out of the state except
one, said witness may prove the execution of the deed, provided the
hand writing of the other witness or witnesses, be proved by some
other persons.
Sec. 11. All wills executed in other states shall be proved accord- iJ^jJJsth*reg"atted
ing to the laws of sail state, and certified in the minner prescribed " " e a
by the act of Congress, and a copy so certified, shall be registered in
the county where th& land lies.
Sec 12. All such deeds and other instruments mentioned in the
first section of this act, not so proved and registered as afb-esiid, directed. ' '
shxll be n ill and void, as to existing or subsequent ere litors, or bona
file purchasers without notice, and incase of marriage contricts,
shall be voi 1 as to existing or s lbsequent creditors of the husband or
purchasers without notice from him, and all deeds of gift for shves,
shall he in writing, or the s imo shall be utterly void and of no effect
whatever; and all the aforesaid instruments, so registered as afore-
said, shall be notice to all the world, from the time they are regis-
tere 1.
Sec. 13. Revocations of powers of attorney shall be proved by two rnrocntions" of
witnesses, or adknowiedgel and registered, which revocation shall p°kVe"jf Attor-
only take effect from the time it is registered, except as against per- "ey'
8 >ns who h ive notice of the revocation, after its execution anff before
its registration.
76
594
REGISTRATION.
cierk ' and ^EC* ^ees ^or probate and acknowledgment c»Fpaid in-
Regisiers'Sfees. struincnla shall l e the same as b\ li w is n< w allowed, and lor ihe
transcript and registration of judgment, the fee shall Le one dollar for
the transcript and one dollar for the registration thereof.
When to take Sec. 16. This act shall be in force from and after the rise of the
effect. next session of the General Assembly.
Oct. 18 3 2.—Chapter 37.
when act to Section 1. The act of 1831, ch. 90, shall be in force and take effect
take effect. from anci af\er the first day of March next.
18 3 3.—Chapter. 92.
To amend the act of 1831, ch. 90.
Section 1. All deeds of conveyance heretofore made, or hereafter
Conveyances to be executed by husband and wife, may be proven by the subscrib-
by femes covert. jng witnesses thereto, or acknowledged before the clerk of any eoun-
ty court in this stale, which probate or acknowledgment ol the due
execution of said deed by the said husband and wile, shall Le made
in the same manner, and the form of ihe certificate of such probate
or acknowledgment shall be the same as is pointed out in the said
act, which this is intended to amend; and it shall be the duty ol'said
clerk before whom said probate or acknowledgment is so taken, and
after the said deed is so proven or acknowledged as aforesaid, to exa-
mine the wife privily and apart from her said husband, touching her
voluntary execution of the same, and if she acknowledges or states
that she executed the same freely and voluntarily, and without any
compulsion on the part of her said husband, then, and in that ease,
the said clerk, in addition to the certificate of probate or acknowledg-
ment prescribed in the above recited act, shall also put the following
certificate on the back of said deed: "And A B (the feme covert,)
having also personally appeared before me, privatety and apart from
her husband the said , acknowledged the execution of said deed
to have been done by her freely, voluntarily und understandingly,
without compulsion or restraint from her said husband, and for the
purposes therein expressed. Witness, J. F., clerk of said court, at
office, this day of "
Sec. 2. The aforesaid clerks shall have power, when femes covert
exBmine8Sij°emes are una^'e from age, sickness or debility, or for other cause, to ap-
covert. pear before said clerk, to issue a commission to any jusiiie of tbe
peace, judge of any court of record, or mayor of an) city or c< rp< ra-
tion, to take the privy examination of ony feme covert who ma) ha\e
joined with her husband in the execution of any deed presented to
said clerk for probate or acknowledgment as aforesaid, which said
commission shall be endorsed on the deed, or attached thereto, and
shall be in form as follows:
"State^ofTennessee, j To A B Esquire:
You are hereby authorized and empowered to take the examination
of (thefeme covert,) privately and apart fiom her husband,
relative to her free execution of the w ithm or annexed need, and die
.REGISTRATION •
595
same so taken certify under your hand and seal. Witness, J F, clerk
of the court of at office, the day of , 18—." Form of
And the said commissioners shall endorse on said deed, or attach tificate.
thereto, a certificate as follows:
"State of Tennessee, £
county, j
E F, (ihe feme covert) having personally appeared before me, and
having, Dy viraie of the authority in me vested, been examined pri-
vately and apart from her husband (C D,) and she having acknow-
ledged the due execution of the within or annexed deed by her,
freely, voluntarily, without compulsion, constraint or coercion by her
said h lsband, the same is therefore certified.
Witness my hand and seal, this day of , 18—.
J F. [Seal]"
Which said commission, certificate or private examination, and pro-
bate of said deed, shall be registered with said deed in the county
where the land lies, in the same manner that deeds are now required
to be registered by the act which this is intended to amend.
Sec. 3. All deeds or other instruments of writing executed by hus- Made valid,
band and wife, that may be proven, registered and certified according
to the provisions of this act, shall be good and effectual against them,
and every of their heirs and assignees.
Sec. 4. Nothing herein contained, or in the aforesaid act of 1831 Probate in o.
contained, shall prevent or prohibit the probate or acknowledgment pen 60Urt*
of deeds or privy examinations of femes covert, to be taken in open
court as heretofore; but it shall and may be lawful to prove or ac-
knowledge the same in open court; and the said deed when so proven
or acknowledged and certified, shall be registered in the county
where the land lies, which probate and registration shall be governed
by the same rules, regulations and restrictions that now govern in the
probate and registration of deeds before the clerks, and shall have the
same, and no other or greater effect.
Sec. 5. Where any deed or deeds have, since the passage of the probate inopen
act which this intended to amend, been proved or acknowledged in court since the
open court, under the provisions of the acts of Assembly in force and act of 1831,
use previous to the passige of the said act of 1831, the said probate
or acknowledgment shall be as good and effectual as if taken before
the clerk, according to the provisions of the said act of 20th Decern-
ber, 1831, and shall be registered with the certificates in the county
where the land lies, and shall be received in evidence in any of the
courts of justice in this state.
Sec. 6. Decrees rendered in chancery for the payment of money, registration of
shall be a lien up >n the lands of the person or persons ag linst whom chancery""*"
the same may be rendered, in like manner, and under the same pro-
visions, restrictions and limitations as are judgments at law by the
seventh and eighth sections of the act which this is intended to amend,
and certified copies of all decrees divesting the title of the land
out of any person or persons, and vesting it in any other, shall be reg-
istered in the county where such land lies, within six months after
the rendition of such decree, or within twelve months after the pas-
sage of this act, or such title shall be void as against creditors of the
person or persons so divested of title, or purchasing from him, her or
them, without notice of such decree.
Sec. 7. The probate or acknowledgment of all deeds, or other con-
-596
REGISTRATION
Pro'--te ofdopds veyauces or agreements, that are or may be required by law to be
before any of the registered, may be taken or made before any of the clerks <f the
state*' 01 tlJ'S C0LU'ts this state; and the certificate of said probate or ackn >w I jdg-
mcnt. (ani in case of conveyances by femes covert) of the privy ev.u-
min ltion of such femes covert, being endorsed thereon or anne k.ed
thereto as required by this act, the said deeds or other instruments
m ly be registered in any county in the state where the land lies.
Subpoena for 8. In all cases where any deed or other instrument of writing
witness by ci'k» req(|ire<i by law to be proven or acknowledged and registered, shall
be presented to any of the said clerks for probata, and the party pre-
sentingthe same, shall suggest to said clerk that the subscribing wit-
ness or witnesses thereto, or either of them, refuse to appear an 1 give
evidence of the execution of said deed or other instrument, the said
clerk shall and may issue a subpoena or subpoenas, to compel the at-
tend mce of such witness or witnesses, before him, to prove the exe-
cution or'said deed or other instrument.
Sue. 9. Every witness so summoned, and who may attend to prove
witnesses'[fees tke execution Gf sai<j deed, shall receive fitly cents for his attendance,
which shall be paid by the party summoning said witness at the lime
of his attendance; and in the event that the party summoning said
witness shall fail or refuse to pay said witness, then the witness may
recover the sum due before any justice of the peace having cogniz-
ance thereof.
Recusant wit- ®EC* Should any witness summoned under the provisions of
nessea to .;e lin. this act, fail or refuse to attend as required, he, she or they shall be
liable to the party at whose request they may have been summoned,
for any damage he, she or they miy have sustained in consequence of
his or her failure to attend as commanded by said subpoena, to be re-
covered by an action on the case before any court having cognizance
thereof.
Dut of shpr ^EC* ^ s*ia^ ^ie duty of any sheriff or constable into whose
iffs and coiista! hands said subpoena may be put, to execute the same without delay
bie». on the wiiness or witnesses therein named, for which service he shall
receive twenty-five cents for each witness he may be required to sum-
inon, to be paid by the party presenting the subpoena; and the said
sheriff or constable shall not be bound to execute said subpoena, or
liable for damages on account of a failure to do so, unless said fees
are paid or tendered to him at the time the subpoena is presented to
him.
Sec. 12. If any sheriff or constable shall fail, neglect or refuse to
«her^abi'ity °f execute any subpoena issued under the provisions of this act, where
the fees herein prescribed shall have been paid or tendered to him as
aforesaid, said sheriff or constable shall be liable to the party iuj ired
far any damage he, she or they may sustain in consequence of sach
failure, neglect or refusal, to be recovered, with all costs, m an action
on the case, in any court of record having cognizance thereof.
Probnte ofi'fen- Sec. 13. In all cases where any deed or other instrument of writ-
tity of bargain, ing shall be presented to any of the clerks aforesaid for acknowledg-
or- man), an ! the said clerk shall not be acquainted with the bargain jr
or b irg lin >rs, so as to make the certificate required by the act which
this is intended to amend, then, and in all such cases, it sha 1 be the
duty of said clerk to file said deed or other instrument, and n^te on
his record of the probate of deeds, the date of the presentation of such
-deed or other intsrument, and the reason of the postponement of the
REGISTRATION.
,£97
acknowledgment thereof; and the party offering the same, or inte-
rested in the acknowledgment thereof, shall and may produce wit-
nesses before said clerk, to prove the identity of the person so offer-
ing to acknowledge the same, for which purpose twenty days shall be
allowed the party by said clerk.
Sec. 14. In all cases where the bargainor or bargainors are un- Deeds when to
known to the clerk, or where the subscribing witnesses, or either of takeeifect.
them, fail or refuse to attend without being summoned, the deed
or other instrument shall be good, and take effect from the date of its
filing with the said clerk, as though it had been then duly proven or
acknowledged: Provided, said deed or other instrument be duly
>roven or acknowledged under the provisions of this act.
Sec. 15. It sh 11 be the duty of the several clerks in this State, who Duty of clerk*
are author zed by the provisions of this act, and the act which this is
intended to amend, to take the probate or acknowledgment of deeds
or other instruments, and who may take the probate or acknow'edg-
ment of said deed or other instrument, to procure a well bound book,
where the same has not been done, and enter therein the probate or
acknowledgment of every deed or other instrument, that may be
proven or acknowledged before them, which entry or record shall
state the date of the presentation of said deed or other instrument,
in all cases where the same has been filed with said clerk, but has
not been proven at the time on account of the failure or refusal of
the witness or witnesses to attend, or duly acknowledged on account
of said clerk not being acquainted with the bargainor or bargainors,
obligor or obligors, and the date of said probate or acknowledgment
account of said clerk not being acquainted with the bargainor or bar-
gainors, obligor or obligors, and the date of said probate or acknowl-
edgment where the same is completed at the time of the presentation
of said deed or other instrument, the names of the bargainor or bar-
gainors,obligor or obligors, and the names of the bargainee or bar-
gainees, or obligee or obligees, the number of acres of land, or the
town lots, or the parts or portions of tracts of land or town lots, or oth-
er property mentioned in said deed or other instrument, and the county
or town in which said land and town lot or lots, is, or are situated.
Sec. 18. The county court of the several counties in this State,
shall make an allowance to the clerks as aforesaid, payable out of the cer s or 00 f*
county treasury, for the purchase of the books for the purpose afore-
said, which said allowance shall be made under the same rules and
regulations as now required by law for the government of the county
courts in making appropriations of county moneys.
Sec. 18. Where any clerk who may take the probate or acknowl- clP^£ilU toad's*
edgment of any deed or other instrument, and shall fail or refuse to charBe he du-
comply with, and discharge the duties hereby required of him, he required in
shall forfeit and j ay the sum of one hundred dollars, for the use of the l,lisact*
county in which he may reside, which may be recovered by action of
debt in any court of record having cognizance thereof, in* the name
of the trustee of said county, and shall moreover be liable to the party
injured for all damages he, she or they may sustain by such failure
or refusal, to be recovered, with all costs, in an action on the case in
any court of record having cognizance thereof.
598
registration*
18 3 5.—Chapter 53.
Section i. The clerks of the county courts in this state, are here-
cierk to take by authorized, either in or out of term time, to lake iho probate
andbcer«ficatesS 01" acknowledgement of transfer or assignment of plats and certificates
of survey or locations of land lying north and east of the congressiuii-
al reservation line, and North of Tennersee river.
Sec. 2. In taking the probate of the above named tranfers or assign-
lerks duty. mentSj it sh tll be the duty of the clerk taking the same, to propound
the following questions upon oath to the witness or wilnesses: "Are
you persoally acquainted with (the assignor); did
he sign, seal or acknowledge the same in your presence and on the
day it purports to be dated;" and if said questions are answered in the
affirmative, the clerk shall thereupon put on the back of said plat and
certificate of survey or location, or some part thereof, the following
certificate:
"State of Tennessee, )
County. )
Personally appeared before me clerk of the cdurt
Clerks cercifi. for the county of A. and B. subscribing witnesses toihe with-
a e' in transfer or assignment, who being first sworn, depose and say,
that they are acquainted with the assignor, and that he acknowledg-
ed the same in their presence, to be his act and deed, upon the da} it
bears date, (or state the time proven by the witnesses) or that they
saw him sign, seal and execute the same; witness my hand at office,
this day oi ."
Howacknow- Sec. 3. Where any person or persons who have executed any of
ledged. foe above transfers or assignments, wish to acknowledge the same,
it shall be lawful for any of said clerks to receive said acknowledg-
ments, if he is acquainted with the person wishing to m ike the same,
but not otherwise; in which case, he shall put on said plat and cer-
tificate and location, the following certificate:
"State of Tennessee,)
County. )
Personally appeared before me, clerk of , the with-
in named (tssignor,) with whom I am personally acquainted, and who
acknowlejged that he made and executed the within transfer or as-
signment for the purposes therein contained; witness my hand at of-
fice, this day of 18—."
, Qf cJerk ne< Sec. 4. Any clerk or clerks who fail or neg^et to pro *ecd in man-
gleet of duty, ner above described, in taking the prol ale or aekn iwledgnient of any
transfer or assignment mentioned in this act, or who shall put a false
certificate thereon, shall be liable in an action, to pav any damage
which any person or persons sha'll have sustained in consequence of
such neglect or failure, and should such failure or neglect or other
act be done corruptly and of purpose, it shall be a misdemeanor in
office, for which such clerk may be removed.
Deeds, etc, to Seo. 5. All deeds, grants, bills of sale, and all other instruments
beiore 'co * clerk! W1'ifing required by the existing laws to be registered, shall be
acknowledged or proven before the clerk of the count} court.
Exclusive au- Sec. 6. The clerks of the county c turts of this state, shill have
thority to take exclusive authority to take the probate or acknowledgment of all
probate. deeds, grants, bills of sale, and all other instrument of writing re
registration.
599
quired by the existing laws to be registered, which authority shall
be exercised according to the fi>rms and in the manner prescribed by
the acts of 1831, chap. 90, and 1833, chap. 92.
Sec. 7. Said clerks are hereby required to record their proceedings C0^lerrk0sJjingg'
under the provisions of this act, in a well bound book kept for that p
purpose.
Decisions on Registration.
1. A certified copy of a deed cannot be rec^hed in evidence, unless it appear that the origi-
nal was dnlv proved. A certificate of probate as well as of registration is necessary. 1
Ten lit, 182.
2. A conveyance executed since is«ne joined, may be read in evidence. 1 Ten. 237.
3. A deed proved before the expiration of the time limited for probate and registration, and
registered afterwards, may be given in evidence. 1 Ten 297.
4. Piirol proof cannot be received to show the contents of a deed in the possession of the op-
posite party, unless he has had notice to produce the deed. 1 Ten. 380.
5. So soon as a deed is registered, the grantee is considered as having been legally seized
from the date of it. Cooke, 133 and 254.
6. To authorize a deed to be read upon a probate before a judge of another state, the certifi-
cafe must show in what capacity he acts, and of what state he is judge Cooke, 126.
7. Where a person has been in possession of land for twenty years, and can introduce cir-
cumstances to prove a sale by the original owner, it may be left to the jury to presume that
there was a deed, and that it has been registered. Cooke, 356.
8. If a deed is executed, and after the time of registration has elapsed, another deed is exe-
cuted by the same grantor to ano'her pers* n, which is duly registered, and afterwards a law
passes reviving the right to register the first deed under which it is registered, it will hold the
land. Cookr,43l.
9 Where a deed is registered upon an acknowledgment made after the time it purports to
bear date, parol proof upon trial may be received tostiow when it was in factjexecuted and de-
livered. Same.
10 I f the death and hand writing of one witness be proved, and 30 years absence of the other
with proof of the defendant's acknowledgment, that he executed it as surety for the principal,
this will be sufficient proof ol the deed. 5 Hay. 93
11. A deed not duly registered, is void its to the creditors of the grantor, whether they had
notice or not of the existence of the deed. Mart, and Yer. 385.
12. Evidence to prove that the subscribing witnesses to a deed, are men of bad character and
unwonhy of belief on oath, is admissible. 2 Yerg. 23.
13- Afier a great lapse of time, and when evidence of the due execution of a deed would be
difficult to obtain, every reasonable presumption should bS made in favor of an old probate.
2 Yerg. 108 aud 520.
14. The probate of a deed in the following words; "State of Tennessee, Hawkins county
May session, 1823; then tins deed of conveyance was acknowledged in open court, and order-
ed to be registered," was held not to be sufficient proof of its execution. 2 Yerg. 400, 108,
and 520.
15. A deed acknowledged bv the bargainor, under the act of 1806, takes effect from the date
of the acknowledgment, and not from the delivery, or date of the deed. 2 Yer. 91.
16 1 tie following probates were held to be insufficient: 1st "Washington county, August
sessions, 1799. Tins deed was duly admitted to record, let it be registered "—2nd "May ses-
sum-, ld02 I'his deed, recorded; let it be registered." 3rd "Washington county, January
sessions, ld2d. I'liis deed was duly proven in open court; let it be registered." 2 Yerg. 238.
17. The certificate of the prob te of a deed was as follows; "State of North Carolina,
Washing on county, February term, 1790; then was the within deed acknowledged in open
court, let it be regi-ter. d." It was held that this was insufficient to authorize the deed to be
read to the jury. 2 Yerg 520
18. A paper writing, puipor ing to be the copy of a deed of conveyance, cannot be read in
evidence without a probate, under it.e act of 1809, ch 14, sec 8, and the other acts upon the
same subjects, although such paper writing be registered. 3 Yerg„84.
19. Lands were sold by an ancestor, by deed, which was not proved or registered as required
by law; tney were after tie death of the ancestor, sold by the heir to persons without notice:
held, that ihe latter purchasers would hold the land. 3 Yerg. 346.
20. A probate in hese words, "8iate of Tennessee, Green county, January sessions 1807,
Tuesday 27th. Then was the execution of the within convey ance duly acknowledged in open
Court,by ftey more Catching thegianior therein named, and admitted to record; lei it be reg-
istered;" is go .d and sufficient, it endorsed on the deed itself. 3 Yerg. 405.
21. A deed ol gut lor siuves is void as to subsequent purchasers, under the act of 1807, ch.
85, sec. 3, unless proved by two yvitnesses. 4 Yerg. 168.
eoo
RENTS.
RENTS.
18 2 5.—Chapter 21.
Section 1. When any debt shall be contracted to become due for rent
th^crop1 Hen °n w^et^er by note, account or otherwise the amount so contracted tol e-
come due and owing shall be lien on the crop growing or made on the
premises, and shall have precedence over all other debts of ever) det>-
22. The act of 1811, ch. 39, sec. 2, and the acts which continue if, authorizing (he hand
writing of wiutesses to deeds to be proved in certain cases, are repealed by the tliiid section of
the act of 1817, ch 45. 6 Yerg. 249.
23. Where a deed was proved by one of the subscribing «itnesses in 1830, and (he hand writ-
ing of the other, (who lived in Arkansas,) was also proved : Held, that this probate was iiisulfi-
cient. Same.
24. A deed was proved as follows: "At a court held for WiKon county, the 22d day of De-
cember, 1800, this indenture was proved b\ lite oath of Jacob Young, a witness Iheieto, and
ordered u» be regis ered. Test, John C. Henderson, Clerk." It was held that this piobute
was insufficient. 6 Yerg 261.
25. A deed lor personal property takes effect from the date of its acknowledgement under
the act of 1806, ch.49 6 Verg. 320.
26. if the execution of a deed for personal property, be admitted by the defendant to have
taken place on the day it hears dale, and proof of its delivery and the delivery ol the pnjuty
mentioned m the deed he made,such deed is admissible evidencein an actum for the conver-iotiof
the property mention* d in the deed, though the deed bas not been proved and registered ac-
cording to our nets of assembly. Same.
27. In an action of trover for the conversion of personal properly conveyed by deed, which
deed was not properly registered, proof ul the deliver* ot the propsrty by the baigamor is
Competent, independent of any.tpiesii >n about the admissibility ot lite deed. Same.
28. A grant not registered williin the lime required by law is only voidable by the slate.
1 Ten. 370.
29. Where land lies in several counties, a registration in any one is sufficient. Cooke 345.
30. ifa deed is directed to tie registered in the county where tiie grantee resides, and there are several
grantees, it is not siithcient to register it in the comit> where only one resides, toi ke 359
31. Where a hill of sale was made on the 3d day of December, 1810, and was rep si ered in tie year of
1815—the tune ol i eg taxation having lieen prolonged before the prescribed lime expired, and no chasm l.av-
ing intervened between the prescriled time and ti.e act giving further time: held, thai the hill ol sale was
not vo tl for the want of registration, and was good as to all persons,creditorsas well as oil ers. 3 1 av. Ib2.
32. if a uiortgage without date le registered, it must betaken as not registered in lime, and the.th re in-
effectual as against subsequent ptuchasers. 5 flay. 57.
33. A voluntary conveyance of personal property by a husband to o trustee for the lenefit of lis wife
and children, is not vuiu as to a subsequent purchaser for value, iftlie conveyance is proved and registered
within the time prescribed by law. ] \ erg. 13.
34. but ifit does not appear by such conveyance that it was registered in time, (although proved iefore
the subsequent purchase,; it is void as to such purchaser unless legalized, I y some act of Asseml ly. Same.
35. a grant for laud may he read in evidence, although it is nut registered in the county where the land
lies. 2 Yerg. iU8.
36. Lands conveyed by deed, w liich has not been proved or registered, are subject to levy and raie by ex-
ecution. 3 Yerg. 171.
37. In such cases it is the duty ofthe execution debtor to have the deed registered, or deliver it to the
purchaser a- the sale; if lie withholds it, equity will divest his title, and vest the legal title in the purthas.
er. Same.
38. A marriage settlement notteing proved or registered, according to the Virginia act of 1792, ch 90,
sec. 4. (Revised Laws, 362,) does not render it void as to the creriitorsof ilie husl and. 4 * erg. 375.
39. A lease, or an assignment ol a lease tor more than a year, is valid and passes ti.e interest, all lough
not proved and regis;ered. It is good as between the parties and against creditors and purcLasets. 5
Yerg. 113.
40. A deed made in consideration of marriage, which iiasnot been prove and registered will in a year
after its execution, takes effect front its registration, and will te preferred to * subsequent voluntary deed
which hat been proved and registeiea wituin a year, and betorejhe registration of the hr»t ueeu. t> Vergg
249.
rents revenue of state.
601
cription whatever, till said debt for rent, shall be discharged, Provi- Qn]y tQ con
ded, the lien hereby created, shall only continue for three months af- tjnue 3 month*"
ter the time shall fall due and until the decision of any suit that may from time due.
be brought within that time for such rent, (a)
REVENUE OF STATE.
constitution, article ii. section 28. 30.
1813.—Chapter 98.
Section 3. The public tax shall be and remain a lien on all lands, public tax a
slaves and other taxable property of the person returned for the same, lien on ail taxa-
when it shall become due and payable, according to the provisions of ble Pr°Perty«
the law, and the said lien shall extend to all and every part of all tracts
or lots of Jand or species of taxable property, whatever, notwithstand
ing the same may have been divided or alienated, and notwithstanding
the same may have been vested and advertised in the name of others
than those who actually own the same at the time of the return of
such property, or sale thereof, although the owner be not known;
Provided, such land or other property be specially and particularly ProvIso.
described in such return, and advertisement, and it shall be the duty
of the collector of public taxes to refer particularly to the number of Duty 0f Sheriff,
the grant or entry, with all special calls, in his advertisement. The
tax upon stud horses and merchants shall be lien upon the land on Tax on mer-
which such stud horse or store shall be kept, although it may belong ^orse"a "fen up*,
to any other person. on the land.
182 7.—Chapter 58.
Section 1. Where any wholesale or retail merchant, or any hawk-
er or pedlar, shall have heretofore sold, or shall hereafter sell, any . Penalty for
article of goods, wares or merchandize without having first obtained outTicenTe.
a license according to law therefor, it shall be the duty of the clerk
of the county court of the county whrein the cause of action shall
(o) Landlord has lien on crop, under act 1825, cli- 21. whether raised by his lessee or sub-lessee under
his tenant, whether due by note or otherwise. This lien attaches to the crop although the sub.lessee may
have given a note to the tenant, or paid him for the rent, 4 Verg. 456.
2. A. purchased cotton of B. the tenant of c. c recovered judgment against B. his tenant and then sued
A. A had no notice that the rent was due, or that the cotton was raised on the land of C, Held that the
action would not lie against A. 6 Verg. 256.
3. Before a landlord can maintain a suit against the purchaser of the crop, raised by his tenant, he must
first obtain a judgment against the tenant for the amount of rent due to him. 6 Yerg. 267.
4. Landlord has a lien upon the crop raised by his tenant for the payment of the rent due to him by vir-
tue of the act of 1825, ch. 25. Same.
77
602
REVENUE OF STATE.
have arisen, to institute a suit for the penalty prescribed by law in
any court having jurisdiction thereof.
Sec. 2. If any person or persons shall violate an act passed lhe
28th of November, 181U, entitled "an act laying a tax en shows," it
clerk toinsti- shall be the duty of the clerk of the county court, who is authorized
^"ooHof'u'.elct to grant SU(-'h license, to institute a suit or action in the name of the
ofis'lai.1 6 8t state l°r lhe penalty prescribed in said act of Assembly.
Sec. 3. All penalties or forfeitures that have or shall heieafter ac-
crue, on account of such delinquencies, shall accrue to the Stateand
not in moities to the informer and stale as heretofore; and all suits
a lintion of krought for the reco\ ery of the same shall be biought in the name of
the ^forfeitures sta'e, and lor ali moneys collected and paid over, by virtue of this
ami fines. acl, the clerk shall be entitled to receive two and one halfper cent, in
addition to his legal fees of off.ee, and every clerk, shall account and
pay overall fines or forfeitures which they may collect, by vritue of
this act, in lhe same manner that they are required to account for
the state tax on law suits, and a failure thereof shall be liable in the
same manner.
Sec. 4. It shall be the duty of the solicitor General, for the county
in w hich such suit or suits may be brought, to prosecute the same,
and he shall receive, as a tax fee for each suit so brought, the sum of
Duty of soli, twelve dollars and fifty cents which shall be adjudged by the court as
•bor,» part of the cost of such suit, and provided the same shall be collected
of the defendant.
1833, Ch. 32. (Artists not to pay tax for exhibiting their own
paintings. See Shows and Exhibitions.)
1 8 3 5.—Chapter 13.
Section 1. All lands in this state held by deed, grant, entry, or
Whvt ro er dower, and town lots other than such as are exempted from taxation
y t!.iabim°PCr as hereinafter provided, all slaves between the ages of twelve and
fifty years, all pleasure carriages and bank slock other than such as
may be exempted from taxatii n as hereinafter provided, shall be sub-
jecllo the payment ot an annual tax of five cents on every hundred
dollars of the value thereof, as hereinafter as< erlained; and in ascer-
taining the value of Raid lands and town lots, all improvements there-
on, which are attached to and constitute a part of the freehold, shall
be included.
Sec. 2. All lands within this state, now7 held, or which may here-
Froperty ex after be held, by any person or persons for the use of any religious
em'led,roni tax society for the purpose of haying thereon any church, meeting h< use,
0M' or other building tor public worship; all lane's which have heretofore
been ormay hereafter le appropriated for the use ofschools, or which
may be held by any person or persons in trust lor the use of any col-
lege, academy, or other seminary of educatk n in this State; all court
houses, jails, poor houses, alms houses, together wilh the ieal and
personal property bel< nging iherelo; all puLlic streets, alley s, pn nt-
enndes,and public walks in the diffeient towns (fthe Slate; all giave
yards, public roads of all classes; all stocks owned I y she State orly
literary, religious or charitable institutions; all capital stock or pn -
REVENUE OF STATE.
603
perty of all such incorporated companies as have heretofore been, or
miy hereafter be exempted from taxation in their respective char-
te.-s of incorporation, anJ carryalls, shill be, anl the same are here-
by exempted trom the payment of any state, county, or other tax. Poll tax twelve
Sec. 3. Every white male person, between the ages of twenty-one and a hau cents
and fifty years, shall pay annually a pall tax of twelve and a half
cents.
Sec. 4. All persons who shall exercise the following privileges oc™at'®ges3 a"ad
and occupations, shall pay a tax as hereinafter provided, viz: each bieto taxation-
and every person, or firm of co-partners, who shall keep any stallion
or jack for mares, shall pay annually the season for one mtre: Pro-
vided, that no person sh ill keep a stallion or jack for mires without stallions and
first obtaining from the clerk of the co inty court a license far that Jacks*
purpose, for which he shall pay at the time, the season price of one
mare, and fifty cents for such license; and if any person shall stand
a stallion or jack f>r mares, without obtaining a license as aforesaid, Toobt'inlicense
he shall forfeit and pay the sum of twohindred and fifty dollars, to Penalty $250.
be recovered by an action of debt in the circuit court in the name and
for the use of theSrate,andit shall be the duty of the commissioner
of the revenue in the district wherein such stallion or jack may stand,
to institute a suit in the name of the State for such penaly, and the
same shall be a lien on the said stallion or jack: each and evey a lien on horie.
keeper of a tavern or house of public entertain nent, shall pay annu- Tavern $5 if
ally a tax of five dollars: Provided, that such lice.nse shall not au- to jrataii spirits
tharize the retailing of spirituous liquors, unless such privilege is m',re*
mentioned in the license, in which case twenty-five dollars shall in
addition to the said sum of five dollars, be paid for such license; each
and every auctioneer, except book auctioneers, shall pay annually a Auctioneers,
tax of two hundred dollars; each and every keeper of a turnpike gate, Ton eatesnot
not exempt from taxati >n by law or by the act of incorporation, ex- exempted,
cept gates on M'Adamised turnpike roads, shall pay annually a tax of Penalty for not
twenty-five dollars; and in all cases where the owner or keeper of a tur'tVrke
turnpike road shall fail to p ay the tax i nposed by this act, it sh ill, and roa 3 m repa,r'
may be lawful for the collector of the revenue to expose the same to
public sale to the highest bidder for the tax, costs, and charges arising
thereon, and by dee d, to convey the interest of the owner therein to
the purchaser: Provided, thirty days notice of such sale shall be
be given by the collector of the revenue in three public pi ices in the
county where the sale shall take place, one of which shall be on the
court house door; each and every keeper of atoll bridge shall pay Ton bridge*
annually a tax often dollars: Provided, however, such bridge as certain hridg-
charge toll during the times of high water only, shall pay an unnual es not to pay.
tax of two dollars and fifty cents; each and every keeper of a confec- confectionary;
tionary, shall pay annually a tax of twenty dollars; hach and
every broker shall pay annually a tax of seventy-five dollars; each and Broker,
every person exhibiting any show, feats of activity, sleight of hand, or Shows,
any other exhibition for which money is taken, shall pay annually a
tax of fifty dollars in each and every county in which the same may
be exhibited; each and every person or firm of co-partners who shall
bring into the State, or manufacture for sale, any playing cards, shall ay ngcar
pay a tax of fifty cents on each and every deck of playing cards so Hawk<irs at)d
brought into the State; each and every pedlar and hawker, not ex- p,diaM in"o*ka
empted by law, whether in clocks or merchandize, shall pay annually or soods for each
a tax of twenty-five dollars on every wagon or vehicle employed in vehicl®«
604
REVENUE 6F STATE.
the transportation or conveyance of goods, wares and merchandize,
or clocks, or by him employed in pedling and haw king in each and eve-
rycounty; each and every person who shall retail goods, ware , or
merchandize, or%clocks, at his boat or water craft, shall pa) annually
Retailers at fitly dollars; each and every person being the owner or keeper of
Boat3, any race track kept up by a jockey club for the purpose of turf race-
Race tract, ing, shall pay annually a tax of twenty five dollars: Provided, that
no person shall keep a race track as aforesaid without first procur-
ing a license therefor from the clerk of the county court, for which
Must obtain li- he shall pay as aforesaid, and if any one shall offend against the pro-
cense,or indicta- visions of the law, he shall be liable to indictment or presentment,
bIe* and on conviction, shall be fined not less than fifty dollars; each and
every person having any grant or deed for land registered, shall pay
a tax therefor of ten cents for each hundred acres embraced therein
Tax on deeds 0n the registration of the same; each and every person hav ing any
and grants. pQr a town ]ot or part thereof registered, shall pay a tax oftwen-
ty cents on each lot or part thereof conveyed in the deed on registra-
tion thereof; each and every person who shall be unsuccessful in
any suit in equity, shall pay a tax of two dollars and fifty cents; on
On suit inlaw each suit in the circuit court, two dollars and twenty five cents; on
and equity. eacfi appeal, writ of error, or certiorari from the circuit or chancery
court to the supreme court, two dollars; on each appeal or writ of
certiorari from before a justice of the peace, one dollar and sixt)-two
cents and a half; and each indictment or presentment, one dol-
lar; each and every person or firm of co-partners, or agent or
indictments, agents of any insurance company of another State, who shall open
an office in this State for the insurance of life or property, or both, or
insurance com. shall hold himself or themselves out as the agent of any insurance
panies from an. company in another State, and propose to grant policies of insurance
other state. t£is gtat6y fie 01. tfiey sfiafi pay annually a tax of two hundred dol-
lars to the clerk of the county court where he or they may wish to
open an office, or may wish to act as agent as aforesaid, who shall
thereupon issue a license to such applicant for one year; each and
every wholesale merchant, or firm of co-partners in that branch of
business, shall pay annually a tax of twTo hundred dollars.
Sec. 5. Each commission merchant or firm of co-partners in that
Tax on mer branch of business, shall pay annually a tax of one hundred and fifty
chant?, co'i'inis- dollars; each retail merchant, grocer, jeweler, or druggist, and each
sion merchant $ and every firm of co-partners in trade in either of these branches of
retail merchant. business shall by him, her or themselves, or by his, her or their agent
vend or sell in this State any goods, wares, merchandize, groceries,
jewelry or drugs, other than the growth or manufacture thereof, shall
be subject to pay an annual tax of one hundred and fifty dollars for
every sueh establishment, without regard to the amount of capital by
him, her, or them employed in trade; Provided, that each retail mer-
May pay ac- chant, grocer, jeweler or druggist, or firm of copartners as aforesaid,
cording to capi- may at his, her or their election make an affidavit before the clevk of
ta ' the county court of the county wherein he she or they may wish to
sell or vend goods, wares, merchandize, gioceries, jewelry or drugs,
that the amount of his, her or their stock on hand, estimated at the
invoice CQst wrhere purchased, does not exceed three thousand dollars,
on which affidavit he, she or they shall pay a tax of twenty dollars to
Not exceeding said clerk, who shall thereupon issue a license for one year; and
$3000. when the amount, estimated as aforesaid, is above three thousand and
REVENUE OP STATE.
605
not exceeding five thousand dollars, the said clerk shall on affidavit as Between 3 and
aforesaid, issue to such applicant a license for one year on the pay- 5tl,ousand'
ment of thirty dollars; and where the amount, estimated as aforesaid,
is above five thousand and does not exceed seven thousand five hun-
dred dollars, the said clerk, upon affidavit as aforesaid, shall issue a Five to $7 500.
license for one year upon the payment of forty-five dollars; and
where the amount, estimated as aforesaid, is above seven thousand
five hundred dollars, and does not exceed ten thousand dollars, the 7 5ooto$io,000
said clerk, on affidavit as aforesaid, shall issue a license for one year
on the payment of sixty dollars; and where the amount, estimated as
aforesaid, is above ten thousand dollars and does not exceed fifteen
thousand dollars, the said clerk, on affidavit as aforesaid, shall issue 10 to $15,000.
a license for one year on the payment of eighty-five dollars; and
where the amount, estimated as aforesaid, is over fifteen thousand ^ 0Q0
dollars, and does not exceed twenty thousand dollars, the said clerk, * '
on affidavit as aforesaid, shall issue a license on the payment of one
hundred dollars; and where the amount, estimated as aforesaid, is
above twenty thousand dollars, and does not exceed twenty-five
thousand dollars, the said clerk, on affidavit as aforesaid, shall issue a 2010 #25,000.
license on the payment of one hudnred and fifteen dollars; and where
the amount, estimated as aforesaid, is over twenty-five thousand dol-
lars, and does not exceed thirty thousand dollars, the said clerk, on 25 to $30,000.
affidavit as aforesaid, shall issue a license on the payment of one hun-
dred and thirty dollars; and in all cases where the amount, estimated
as aforesaid, is over thirty thousand dollars, the said clerk, on affida-
vit as aforesaid, shall issue license on the payment of one hundred
and fifty dollars.
Sec. 6. Before any commission merchant or firm of co-partners in
that branch of business, or any wholesale merchant or firm of co-part- To app'y t0
ners in that trade, or any auctioneer or firm of co-partners in that bu- clerk for llcense-
siness, he, she or they shall apply to the clerk of the county court of
the county wherein he, she or they may propose to carry on business,
and obtain a license therfor fpr one year, by paying to said clerk the
amount prescribed by this act.
Sec. 7. Each and every retail merchant,grocer, jeweler, and drug-
gist, or firm of such dealers about to commence business in this State, Retailers at
shall before commencing business or who have been doing business prLent^Ucense
or as soon as their present license expires, render an oath, as re- to render state-
quired by the fifth section of this act, a correct statement of the ment as required
amount of goods wares and merchandize, jewelry, groceries m 1 sect1011,
or drugs with which he, she or they are about to commence busi-
ness, or which are on hand at his, her or their establishment, at
the invoice cost where purchased, and shall furthermore enter in-
to bond with approved security before said clerk in the sum of
five hundred dollars, payable to the Governor for the time being Bond to be
an J his successors for the use of the State, with condition that such given at the tak-
applicant will, twelve months after the date of such bond, render on t" account'at the
oath to said clerk, a just and true statement of the amount of goods, end or year,
wares and rperchandize, jewelry, groceries and drugs, he, she or they
have received and opened for sale since the date of the last license,
and shall pay to the clerk the amount of taxes that may arise and be
due thereon according to the rule prescribed by this act, whether an
application is or'is not made for a renewal of license, and at the ex-
piration of every twelve months after obtaining the first license un-
606
REVENUE OF STATE.
der the provisions of this act, every such retail merchant, jeweler,
grocer and druggist, or firm of co-partners of such dealers, b\ him, her
or themselves or their agent, as the case may he, shall rentier a just
and true account of all the goods, wares, merchandize, jewelry, drugs
or groceries, agreeably to the invoice cost where purchased, or which
have been purchased and received at his, her or their establishment
on oath, as is required by the fifth section of this act: and in all cas-
es the clerk of the county court is required to issue a license agreea-
bly to the provisions of the fifth section of this act.
Removals to ^ sba" an^ may be lawful for any person or persons oh-
other counties, taining license under the provisions of this act, and before such li-
license to con. cense expire, if such person or persons shall remove to any coun-
t nue goo ty tkjg gtate other than the one in which he, she, or they may
have obtained license, he, she or they may enjoy the same benefits
and provishins under said license in the county to which he, she or
they may remove, until the expiration of said-license, as though no
change of residence had taken place; and should any person or per-
sons engage in any of the foregoing branches of trade, having obtain-
ed a license under the provisions of this act, and before such license
Benefit of li. exP"'e> sell or m any manner dispose of his, her or their stock of
cense extended goods, groceries, jewelry or drugs, it shall and may be lawful for
stock ofWh >bUy SUC^ Person or Persons 10 sell and transfer his, her or their license,
s oc o goo s. ancj gygjj iicense So transfered, shall be a good and sufficient author-
ity to such person or persons so purchasing said license to sell such
articles as are authorized by such license to be sold, until the expira-
tion thereof, as if such license had originally issued to such person or
persons.
License to be Sec. 9. All license issued to any auctioneer, wholesale mer-
tuonths!t6r 12 chant, commission merchant, retail merchant, grocer, jeweler or
druggist, or any insurance company, or to any firm of c< -partners in
any f said branches of business, shall be null and void alter the ex-
piration of one year from the issuance thereof, and said licenses shall
in no case anthorize the selling or vending of any goods, wares, mer-
chandize, groceries, jewelry or drugs which may have been ernbrac-
ed in the license for the year just expired, but the applicant or ap-
plicants shall obtain new license in proportion to the amount of stock
received since the date of the license just expired, according to the
condition of the bond required by the seventh section of this act,
which new license shall be good authority for one year for the sell-
ing of all goods, wares, merchandize, groceries, jewelry or drugs
then on hand, as well those embraced in the original license as
No new license those received since its date, but then remaining unsold: Provided,
former^dues^id tbat suc^ new ^cense sba" not be issued by any clerk, unless the ap-
plicant or applicants shall have paid to said clerk all dues or demands
which may be due and owing to the State from said applicant or ap-
plicpnts on any former license or bond required by this act.
Sec. 10. Whenever any retail merchant, grocer, jeweler ordrrg-
. uiay„lng„ "If! gist, or any firm of co-partners in eit her branch of said trade®, shall
to be accounted » ' „ J .. r, . . . n _ . , n %' i
for. apply for a license under the provisions of ihis act, it shall be the
duty of said applicant or applicants, to return on oath to the clerk to
whom application is thus made, the number of decks of playing cards
which he, she or they may have brought into the county for sale,
and said applicant or applicants, shall pay iherefor the tax prescri-
had in this act in addition to the sum required to be paid for the li-
HEVENUE OP STATE.
cense, and each and every person who shall sell any playing cards
in this State without first having obtained a licence therefor, as pro-
vided for by this act, shall be liable to indictment in the circuit court,
and upon conviction shall be fined in a sum not less than five nor Not to affect
more than twenty-five dollars for each deck so sold: Provided, that laws against bit-
n »thing in this act contained, shall be construed to repeal any of the iard tables,
laws of this State in relation to billiard tables, or to prohibit the re-
coverv of any penalty allowed for a violation of the same, but the
said laws as heretofore passed shall be and remain in full force and
effect, and stand unrepealed by the passage of this act.
Sec. 11. It shill not be lawful for any person to be entitled to the circuit Court
privilege given him or them until he or they shall have obtained the clerk to counter,
countersignature of the clerk of the circuit court upon said license, 8ign'
and it shall be moreover the duty of said circuit court clerk to record
and report the same to the Comptroller at the close of each and eve-
ry fiscal year, giving the amount for which the clerk of the county
court may be liable.
Sec. 12. Every person or persons, body politic or corporate, who Capital used
shall in this Suite, directly or indirectly, by himself, herself, or them- ^ shavln8'
selves, or by an agent or agents, use any money in purchasing bills
bonds, 11 >tes or obligations for money, whether under seal or notun-
der seal, judgments or accounts, at a greater discount than six per
centum, or the amount due or to fall due on any bill, bond, note, ob-
ligation for nuney or account so purchased, shall pay an annual tax
for the use of the State of five cents on each hundred dollars of mon-
ey he, she, or they may use.
Sec. 13. Any person or persons, or body plitic or corporate, using statement to
m mey in this State, as pointed out iu the foregoing section, shall, at 1)6 made to c,erk
the termination of every year, or within ten days from the first day
of January in every year, render to the clerk of the county court of
their respective counties, a written statement, in which shall be truly
set forth on oath, according to the best of his, her, or their knowledge,
recollection, or belief, the amount of money which he, she, or they
have directly or indirectly so used during the preceding year: Pro-
vided, that in no case shall it be necessary for any person or persons
to renier any such statement as required by this section unless the
amount of money used by him, her, or them, shall exceed the sum of
five hundred dollars. The clerks shall respectively7 file the state-
ments so made in their offices, and shall likewise keep a record of
the name of every person or persons who may7 render such statement
on oath before them, showing the amount rendered and the amount of
taxes due thereon; and the said clerks shall, immediately after the
expiration of the ten days aforesaid, furnish the sheriff of their res-
pective counties with a copy7 of the said record, who shall forthwith
proceed to collect and acc luntfor the amount of taxes therein speci-
fied,as for other portions of the revenue of the State by them collected;
and each and every7 person rendering such statement shall at the do- Clerk's cc».
ing thereof, pay7 to the clerk to whom it is rendered, fifty7 cents, which P*"£*tion4
shall be a full compensation for his services therein.
Sec. 14. If any person shall swear falsely to any statement he, ot peneit'es
she, or they, m ay render as aforesaid, such person shall be deemed
guilty of perjury, and shall be liable to indictment or presentment,
and on conviction there >f, shall be subjected to all the pains and pen-
altios imposed by7 law in other cases of pe jury.
608
REVENUE OJT STATE.
Fine Sec. 15. If any person or persons, who may directly or indirectly
use money as aforesaid,shall fail or refuscwithin the time afore aid,
to render a statement as aforesaid of the amount of m >ney by him,
her, or them so used during the preceding year, such person or per-
sons shall forfeit to the use of the State the sum of five hundred dol-
lars, to be recovered by action of debt in the name of the (lovernor
of the State for the time being, in anyT circuit court of the State; and
it shall be the duty of the clerks and prosecuting attorney s for the
tainUperBoii8To ®tate> their respective counties or districts, if they shall personal-
inform against ly know or be informed of any person or persons who have been us-
shavers. ing money as aforesaid, and have failed or refused to render a state-
jnent thereof as aforesaid, forthwith to institute, or cause to be insti-
Attorney Gen's, tilted, a suit or suits for the forfeiture hereby declared; and th i said
Fee. prosecuting attorneys shall in every instance in which a recovery ot
the forfeiture is had, be entitled*to a fee of twenty-five dollars, to be
taxed against the defendant or defendants in the bill of costs, and col-
lected from him or them as the other costs of the suit.
Penalties 0n ®E0, ^ any auctioneer, agent, or branch of any Insurance
such as violate company, commission merchant, wholesale merchant, retail mereh-
this act. grocer, jeweler or druggist, hawker or pedlar, or any firm of co-
partners in any of said branches of business or agent thereof, shall
carry on any of the aforesaid branches of business without having first
obtained license in accordance with the provisions of this act, he, she,
or they, shall forfeit and pay to the State the sum of five hundred
Attorney Gen. dollars, to be recovered by action of debt in the circuit court; and it
•rai to periorm sbaii be the duty of the Attorney General for the district, on infor-
cer am u ies. mation? to institute a suit in the name of the State, and prosecute the
same for all such violations of this act; and whenever the condition
of the bond required to be taken by the clerk, by the seventh sec-
tion of this act, shall not be complied with by the obligor or obligors,
it shall be the duty of said clerk to hand over said bond to the Attor-
ney General for the district, who shall institute and prosecute a suit
thereon for the penalty of the bond.
Traders in salt, ®EC< This act s^a^ not construed to extend to the articles
iron, etc. «x- of salt and iron, or any articles manufactured in this State, but the
empted. same shall be sold free of taxation; nor shall it extend to prevent
any farmer from receiving in return for any of the produce or manu-
facture of this State, any goods or groceries: Provided, the said far-
mer does not establish himself as a merchant or pedlar, and the
amount of such goods and groceries not exceed five hundred dollars
in value in any one year.
Sec. 18. For the issuance of every license under the provisions
Fee for license, Gf this act, except where otherwise herein before provided for, the
clerk issuing the same shall be entitled to demand and receive from
the applicant one dollar.
18 3 5.—Chapter 51.
Of osta and Section 3. In all State cases determined in the Supreme Court,
tax feea.9" in which the cost shall be adjudged against the defendant, there shall
be a state tax often dollars, which shall be taxed in the bill of costs,
collected and accounted for to the Treasury of the State as other pub-
lie money, and all laws now in force and use in this State, al-
lowing Attorneys for the State, tax fees in the Supreme Gcirt in
State cases, be and they are hereby repealed.
REVENUE OF COUNTT.
609
REVENUE OF COUNTY.
constitution, article ii. section 29.
1801, Ch. 31, j 2. (Marshal to pay to jailor 50 cents per month foi
each prisoner under United States, in county jail, for county trustee
See Jails and Jailors.)
1803.—Chapter 3.
Section 23. The court of each county in this state shall have Co. court to lay
power to lay and collect from each merchant pedler or hawker a sum pedier
not exceeding five dollars, to be applied to the use of such county and hawker,
respectively.
182 0.—chapter 6.
Section 1. When any county court shall think proper to lay a cierkto eoiiee
county tax, on stores, hawkers or pedlers, it shall be the duty of the 8411(1 tux*
clerk, when issuing the state license, to collect said tax, and account
for the same, to the county trustee in the same manner that he ac-
counts to the state treasurer for the state tax.
18 2 4.—Chapter 18.
Section 1. The county courts shall not tax any stud horse or jack How stud horse
for any county purposes, higher than the season of such stud horse or iack to ^
or jack. e '
1827, Ch. 49, § 1. (What shall constitute the county revenue and
how assessed and collected. See County Court.)
Sec. 14 and 15. (For what purposes and how appropriations to
be made. See County Court.)
Sec. 16 and 27. (All claims against the county to be listed by clerk
of the county court, and abstract of the condition of the revenue to
be posted up at the first county court each year. See County Court.)
Sec. 29. Any clerk, solicitor, ranger or trustee, failing to perform Certain officers
any of the duties enjoined upon them by this act, (See Attorney Gen- ^"meai or fo^ne
eral, Trustee, Syc.) shall be deemed to be guilty of a misdemeanor in giectof duty,
office, for which he or they shall and may be indicted in the circuit
court, and on conviction, be fined at the discretion of the court, in ad-
dition to the other penalties of this act.
1835, Ch. 6, 5 2. (To lay tax and appropriate county money, re-
quires a majority of all justices in the county to vote in the affirma-
live.)
Sec. 14. (To lay county tax second or third term. See County
Court.)
1835, Ch. 55, J 2. (Fines and forfeitures in prosecutions for mis-
demeanors to go into county treasury. See Fines and Forfeitures.)
78
*10
revenue commissioners.
REVENUE COMMISSIONERS.
18 1 5.—Chapter 203.
|f Duty of all Section 6. It shall be the duty of every justice of the peace and
public officers to every other officer in each and every county in this state to give in-
aiiVproperteand f°rmati°n t° the revenue commissioners of the proper district, of all
polls not listed, such polls, and taxable property, as may come within their knowledge,
and which has not been listed by the owner, his, her or their agent
or attorney for taxes for said year.
1 8 2 5.—Chapter 51.
Co. court to Section 1. It shall be the duty of the county court in each
app't 2 suitable county in this state at their first term held after the fir&t day
persons to settle of January in every year, to appoint two intelligent men of honesty
with clerk. and probity, whose duty it shall be to call on the clerks of the county
Manner of set- an^ °irctlit courts in their respective counties, and examine what was
tiement- the revenue of the county which by law said clerks were bound to
collect and did collect, under the several laws of this state, and
which said clerks were bound to pay over to the treasurer of this
Power of said state? or to the county trustee for the year preceding such settle*
commissioners., ment, and said commissioners shall have power to require of the
clerks of said courts the execution dockets, court dockets and
any and all papers and documents within the possession of the
clerks aforesaid, and which relate to the office that will tend to
give information relative to the revenue collected by \ irtue of said
offices for the state or county; the said commissioners shall also
have power to call and summon before them witnesses and ex-
amine the same, whose testimony shall be reduced to writing, and
such settlement so made by the commissioners shall be certified to
the treasurer of the state under the oath of said commissioners that
swear "to* iettie- theY have fully examined all matters, papers and documents in the
ment. offices aforesaid and other testimony within their power or knowledge
tending to give information, and that they believe the statement by
them made contains a true schedule of the revenue by said clerk or
clerks, collected and which they or he ought to have paid over to the
treasurer or county trustee.
Sec. 2. The several clerks of the county courts, circuit courts, courts
entcourts before equity and supreme court, shall on or before the first day of October
or in 2 m's after in each and every year, or within two months thereafter, produce to
1ear><to ^roduce ^ treasurer a statement of the taxes or revenue by him collected,
fo Treas'ra fuU as clerk of the court, and which by law he is bound to collect and set-
statement of ail ting out the amount collected on deeds of conveyance, number of
coi^ct'd'b^Mm6 acres> amount on stores, the amount for pedlers and hawkc rs,
auctions on law suits, ordinary licenses, for fines, forfeitures,
With affidavit, of anf^ a^ other revenue which by law said clerks are authorized and rc-
commNth'ttbey quired tocollcct, an 1 pay over to the county trustee or tre isurcr, with
the BameXfind affidavit °f said twro commissioners that they have examined said
it correct. " statement, also the evidences within the office of the clerk and other-
REVENUE COMMISSIONERS.
611
wise, within their knowledge, and that they do believe that the state-
ment of all taxes, forfeitures, or other revenue, which said clerk has
collected as clerk and not. before accounted for, and which he was
authorized and required by law to collect; the clerk shall also make alJ^hg^j,hto
affidavit of the above facts; which affidavits may be taken before any Bame fZts.
justice of the peace in his county or judge of any of the courts. Treasurer or
Sec. 3. The treasurer or comptroller shall receive no returns from comptroller to
any clerk, unless verified by oath as herein required, and in case he r'ceive no ret'na
does, the same shall not be allowed as a voucher, in his settlements yerMed^above
with the legislature or any authority appointed hereafter to settle no voucher if
with said treasurer or comptroller. he should.
Sec. 4. It shall be the duty of each solicitor, in each of the counties solicitor to call
ol his district, at the first court in each county in his district after the °n ci'k of each
first day of January in each year, to call upon the clerk of the court, ^each ye^for
whether of the county, circuit or supreme court, or court of equity, receipt of tr'stee
in the presence of the court for the receipt of the treasurer; also for anggrc^*tr®g'be
the receipt of the county trustee, of the payment of the revenue of the enterediPont0the
preceding year, and it shall be the duty of the court to require their minutes,
clerk to produce the said receipts and have the same entered on the ,C1,'£t0
minutes of the court, and in case any of said clerks shall fail to pro- to%roduce re-
duce the receipt of the treasurer, and also the receipt of the county ceipts.
trustee, for the taxes and revenue of the year next preceding, it shall
be and is hereby made the express duty of the court to dismiss said
clerk from office and appoint another in his place; and no solicitor solicitor not
shall be entitled to receive any of his salary either from the county, to receive salary
or from the state, until he makes affidavit that he has performed the g™bat8 he
duties required by this section of this act, which'affidavit the county hasV> performed
trustee or treasurer (as the case may be) shall file before he pays any this duty,
of the salary.
Sec. 5. For which services the said commissioners shall have and comm'r to re.
receive out of the treasury two dollars and fifty cents, for the state- ceive $2.50 per
ment as required for each year, which the treasurer is hereby au- day"
thorized to pay.
Sec. 6. It shall be the duty of the treasurer or comptroller upon Treas, or comp.
receipt of the statement and schedule as required by the first section on receipt of said
of this act, to examine the same and compare it with the return of the
clerk for that year, and if he finds that said clerk has not paid over clerk's return,
and accounted for as much as he was bound and ought to have ac-
counted for, as appears by the return of the commissioners by this if public mo-
act required, to notify the solicitor of the district in which said clerk aayrnt°o a" paad
resides, and also send him a copy of said clerk's bond; upon receipt vided ag'st by
of which, said solicitor shall institute suit in the name of the treasu- solicitor of dis-
rer against said clerk, and his security or securities, or such of them tr,ct'
as can be conveniently taken by the writ, their executors and admin-
istrators, and such copy of the bond and statement or schedule of the
commissioners aforesaid shall be good evidence upon the trial of such Wha*shaI1 be
suits of the amount due by the said clerk or clerks; which money, s°ci'iTmayCpay
when collected the solicitor shall immediately pay over to said treasu- the money with-
rer, who shall account for the same: Provided, that any clerk may 0Ug]s,^it?'na dia
pay the money he is so found in arrears to the treasurer: and provi- pute re™o« of
ded, in case suit is instituted as required by this act, said clerk may comm'r.
dispute the report of the commissioners by testimony. ..p1'1*, P°record
£ r/ r. i ii i ^ j x e -j i v• x i . . ... . st'tem'ntofcom-
►Sec. 7. It shall be the duty ot said clerks to record at length m a missionerandaii
book kept for that purpose, the statements made out by said commis- merchants u-
612
REVENUE COMMISSIONERS.
sioners as required by this act, and all merchants1 licenses I)} him
issued.
ci'kor solicit- ®EC* ^ny c^ei'k or solicitor failing to perform any of the duties
or to be indicted enjoined on them by this act, shall be deemed to be guilty of a mis-
for faii're to per- demeanor in office, for which he or they shall or may be indicted in
quir'd by'this act circuit court, and on conviction thereof be fined at the discretion
of the court, in addition to the other penalties of this act.
Solicitor's tax Sec. 9. The solicitors shall be entitled to receive as a tax fee in
fee $15. case it be collected of the defendant, the sum of fifteen dollars for a
recovery and conviction under the provisions of this act.
Suit not to a. Sec. 10. In case a suit is instituted under the provisions of this
form.f°r wantof act against any clerk and his securities, the same shall not beabated,
quashed or delayed by any want of form, or by reason of any infor-
mality in bringing and prosecuting the same.
182 6. Chapter 16.
Co. court <o Section 3. The county courts shall at the first term after the first
fin vacancy in day of January in each and every year, appoint two commissi! ners
commissioners. ag reqUire(j by the first section of the act of 26th Nov., 1825, and in
case of vacancy, by death, resignation or otherwise, the courts shall
fill such vacancy at any other term before the first of October, in each
and every year, and it shall be the duty of the clerks to notify ihe
commissioners in ten days after their appointment, and the treasurer
To havesamo shall pay them the same fees for certifying the clerks' returns as is
allowed by the fifth section of the act which this is intended to amend
and their receipt shall be a good voucher for the said treasurer in the
settlement of their accounts.
To settle with Sec. 4. The commissioners of the counties where the supreme
ci'ks of supreme courts are held, who have or may be appointed to settle with the
court. clerks of the county and circuit courts, under the provisions of the
act of 26th November, 1825, shall in like manner setie with the
clerks of the supreme court, and be entitled to the compensation there-
for as for settling with the clerks of the circuit or county courts.
1827. Chapter 49.
Co. [court to Section 9. It shall be the duty of the county courts of the several
misMonprs 601to counties lhi8 state, at their first term of each and every year, to
settle with ci'ks appoint two intelligent men of honesty and probity to settle with the
and trustees. clerks of the county, circuit and supreme courts, and county trustees
in their respective counties, who shall be called the commissioners
of the county revenue, and said commissioners shall have power to re-
quire of the clerks of said courts, all records, dockets and papers with-
in the possession of the clerks aforesaid at their offices, which relate
to the office, and will tend to give information relative to the revenue
collected by virtue of said offices for the use of the county, and who^e
power shall extend alike over the documents and papers belonging to
the county trustees, and the said commissioners shall also have pow-
er to call and summon before them witnesses and examine the same,
whose testimony shall be reduced to writing and accompany such set-
tlementas may be made by them.
REVENUE COMMISSIONERS.
613
Sec. 10. It shall be the duty of each and every clerk of any county, ci'ks to ren-
circuit or supreme court, during the month of December in each and ^er a°count in
r . 7 ,1 ° . . . « , December.
every year to render on oath to the commissioners of the counly rev-
enue of his county, an account of all moneys by them collected for the
use of the county setting forth each separate item, from whom and at
what time received, and the source from which it was derived, and it
shall be the duty of the said commissioners to minutely examine and 8ett|eXrerortt0
settle the said account referring to the records, dockets and papers
in the offices, and upon each settlement to make report thereon upon
oath, that they believe the same contains a true schedule of the re-
venue by said clerk or clerks collected, and which they or he is
bound by law to pay over to the county trustee, and when such set-
tlement is made with the clerk of the county court, he shall record ci'k to record
the same, together with the report thereon, and the oath of the commis- sett,ement*
sioners at full length, in the revenue docket, and certify the original
to the county trustee, and if it be with the clerk of the circuit or su-
preme court, the said commissioners shall make out duplicates, one
of which shall be filed in the clerk's office of said court, and the other
delivered to the clerk of the county court, whose duty it shall be to re-
cord the same in the revenue docket and certify the original to the
county trustee.
Sec. 20. The commissioners of the county revenue of the several To attend at
counties, shall attend at their respective court houses on the first
Monday in February or within firty days thereafter, in each and 40 dv" to make
every year, to settle with the county trustee, whose duty it shall settlement®,
be to render to said commissioners an account of all moneys by said
trustee received and disbursed for the use of the county for the pre-
ceding year, setting forth from whom received, and the source from
which such revenue is derived, and to whom paid, for what purpose,
each separate item, referring to the number of the voucher to author-
ize the disbursement and it is hereby made the express duty of said
commissioners to minutely examine said accounts, and report there-
on upon oath, to the next succeeding court after the same shall be
made, that it contains a true statement of the settlement, and that he
has produced legal vouchers for all disbursements made by him; and
also to report the balance of the revenue in his hands, or unsatisfied
debts against the county, as the case may be, and the clerk of the
county court shall record the said settlement and report, in a book to
be provided for that purpose, which shall be called the commissioners'
book.
Sec. 22. The commissioners of the county revenue shall be enti- Commission,
tied to receive two dollars and fifty cents each, for each day they ers pay"
may be necessarily employed, in the settlements directed in this act
to be made. ,
Sec. 23. The clerks of the county courts shall produce to the com- ci'ks to give
missioners of the county revenue on the day appointed to settle with the books PaPers
county trustee, or at any time when called for, the revenue docket, °m s*
the bo^k in which the claims chargeable against the county are re-
gistered, the commissioners' book, and such other documents as may
tend to give information to said commissioners in making the settle-
ment with the county trustee, and when such settlement is completed
said books shall be returned to the clerk's office.
Sec. 32. Whenever it shall so happen that the commisioners ap- chairman to
pointed by the several county courts, to examine the settlements of fin vacancies.
614
REVENUE COMMISSIONERS.
clerks, shall either one or both of them d}e or remove, or from any
olher cause be unable to discharge said duti<v, it shall s nd may le
lawful for the chairman of the county court to appoint other commis-
sioners to examine said settlements.
18 3 5.—Chapter 14.
Section 1. The several county courts in this state shall, at the
May term, 1836, of said court, and forever thereafter, at the last
term of said court, in each and every year, appoint one of the justi-
ces residing in each and every magistrate's district, or some (ther
person qualified to perform the duties required of them by this act, to
be known by the name of Revenue Commissioners, whose duty it
shall be to take in a list of taxable property and polls within the ma-
gistrate's district, and for the year for which they were severally ap-
pointed j which commissioners, at the time of returning the lists of
taxable property by them taken, shall take and subscribe the follow-
ing oath, before the clerk of the county court of their county, to-wit:
I, A B, do solemnly swear, (or affirm, as the case may be,) that I have
well and truly taken in a list of all taxable property and polls that
has come to my knowledge in district No. , agreeable to law
and the instructions of the comptroller of the treasury, and that I have
used all lawful ways and means within my power to find out and list
such property and polls liable to taxation within said district, No. ,
as was not returned to me for taxation, and that all valuations of pro-
perty by me made, have been done faithfully, justly and truly accord-
ing to the best of my skill and judgment, and that I have done equal
and impartial justice to the public and to individuals—so help me God;
which oath shall be subscribed and recorded by the clerk of the coun-
ty court.
Of failure to Sec. 2, If any commissioner appointed as aforesaid to take in a list
perform duty, of taxable property and polls as by law directed, shall, on due notice, fail
or neglect to take in such list and make return thereof to the county
court within the time prescribed by this act, or shall fail or refuse to
perform the duties required of them by law, such commissioner so
failing, refusing or neglecting, il one of the justices of the peace, it
shall be considered a misdemeanor in office, and he shall be dismiss-
edfrom office and shall further be liable to be fined at the discretion
of the court, not exceeding fifty dollars; and if said commissioner so
failing, refusing or neglecting, should be any olher person than a jus-
tice of the peace, after accepting of the appointment, he shall be lia-
ble to be fined as aforesaid, unless sufficient cause be shown for such
failure to be adjudged of by said court.
Provision "in Sec. 3. When any commissioner or commissioners appointed by
case of death or the county court as aforesaid, shall die, remove, refuse to act, or
inability. from any other cause be unable to take in a list of taxable property
and polls within the time prescribed by this act, then and in that
case, any three justices of the peace within the county are hereby
authorized to appoint some other suitable person or persons to fill the
vacancy of such commissioner or commissioners thus dying, remov-
ing or refusing to act; such persons thus appointed, shall take the
same oath, be liable to the "same penalties, shall perform the same
Court to ap.
point revenue
commissioners.
REVENUE COMMISSIONERS.
615
duties as are required of commissioners appointed by the county
court, and receive the same compensation.
Sec. 4. Each and every commissioner appointed to take in a list Time and place
of taxable property and polls as aforesaid, shall attend on the first for listing pro-
Friday and succeeding day in June, 1836, and forever thereafter, on perty'
the third Friday and succeeding day in January in each and every
year, al the place designated in each magistrate's district for holding
the election for county officers, said commissioners giving ten days
previous notice, by advertisement in four of the most public places
within said district, of the time and place that he will attend to take
in such list of taxable property and polls.
Sec. 5. It shall be the duty of all persons owning property in the Mode of listing
district, to attend at the time and place thus designated, by himself and valuing pro-
or agent, and to return to the commissioners the amount of his, her, perty*
or their property and polls liable to taxation, which he, she or they
owned or possessed on the tenth day of January last past, which re-
turn shall be made to the commissioner in writing, and shall plain-
ly specify the number of tracts of land and town lots, the num-
ber of acres in each tract, the situation of each, the cash valuation of
each tract with the improvements thereon, having due regard to the
local situation of each tract, so as to give the neighborhood valuation
as near as may be; they shall also return the number of slaves, liable
to taxation with the valuation thereof, whether they be hired out or
otherwise; also the number of town lots and parts of lots, with the
number of each lot or part of lot, agreeable to the plan of the town
where situated, with the cash valuation of each town lot or part of
lot with the improvements thereon; and all lands and town lots,' or
parts of town lots, shall be listed for taxation in the district where
situated, or in which thel beginning corner is situated; the reve-
nue arising on bank stock shall be collected from the bank on the
amount of stock paid into the vaults of the bank, by the several stock-
holders in said bank or banks* over and above the amount owned by
the state, and it shall be the duty of the cashiers to list the a-
mount of stock owned in his or their bank by the several individual
stockholders; they shall also return the true amount and valuation of
all other property wThich is now or may hereafter be liable to taxation
by valuation; they shall also return the number of privileges, polls,
and occupations for which he, she or they may be liable to pay a tax
at the time aforesaid, and which may be made the duty of the com-
missioners to take an account of.
Sec. 6. The several commissioners appointed as aforesaid, shall school revenue
plainly designate all the lands in his district, the revenue arising to be designated,
from which is by law appropriated to common schools, from other
lands, and it shall be the duty of such commissioners to place the
same in a separate column from other lands, with the valuation of
each tract, wTith the improvements thereon; and it shall be the duty
of such commissioners to inquire of persons giving in their property
for taxation whether the same is school lands, the revenue arising
from which is appropriated to common schools, and if they are, to note
the same in his list accordingly.
Sec. 7. It shall be the duty of the commissioners appointed as L>uty of c0m_
aftre.sriil, to enter on their lists all such property and polls liable to missioners.
tax iti >n within the bounds of their several districts, which miy not
have been returned to them for taxation on or before the first Monday
616
REVENUE COMMISSIONER*.
of July, 1836, and forever after, on the tenth day of February in each
and ever> year, whether the same be lands, town lots, slav en, polls,
or any other species of property or privilege, which by law he w
bound to take in, which shall in all cases be liable to a double tax;
and it shall further be the duty of such commissioners to value all
Slich property as may not have been given in as aforesaid, which is
now or may hereafter be taxable, agreeable to valuation, which valu-
ation they shall make in the same way and by the same rules, as are
mentioned in the fifth section of this act.
of refusal to ®EC* ®" ^ any person or persons, their agent or agents shall give
value property, in a list of his, her or their taxable property and fail or refuse to value
such property, or shall fail to give in and value such property as is
by law required to be valued, it shall be the duty of the commission-
er to proceed to value the same, for which service he may demand
and receive from such person or persons so failing or refusing to
value, or failing to give in and value their property, the sum of fifty
cents to be recovered by warrant, and in all valuations of property to
be made by the commissioners aforesaid, when the owner or claimants
thereof have no goods and chattels within their county, said com-
missioner shall be entitled to fifty cents, which the clerk of the coun-
ty court shall add to the aggregate amount of taxes due from such
person, which shall be collected by the collector as other taxes, and
paid over to the commissioner to w hom the same is due: Provided,
that if any person should refuse to give to the commissioner a list of
his taxable property when applied to by such commissioner according
to the provisions of this act, such person so refusing shall pay said
commissioner five dollars for ascertaining and valuing the property
of such persons, to be recovered by warrant before a justice of the
peace.
Commissioners Sec. 10. When said commissioners shall have taken in a full and
to make returns, complete list of all the taxable property and polls within the district
for which they were severally appointed, they shall return the same
to the clerk of the county court on or before the August term 1836,
and forever after, before the March term of the county court, show-
ing the name of each person in alphabetical order, in a plain and legi-
ble hand writing. They shall also make out a certified copy of the
return so made to the county court which shall be in alphabetical or-
der, and in a plain and legible hand writing, which they shall put up
in some safe and public place at or near the place of holding the"
elections for codnty officers, which copy thus posted up shall be for
the inspection of such person or persons as may wish to examine the
same.
Further duty of Sec. 11. When any of the commissioners appointed as aforesaid,
commissioners, shall, after they have returned their list of taxable property and polls
to the county court, find out either from their own knowledge or from
the information of others, any property or polls liable to taxation which
has not been entered on the list so returned, it shall be the duty of
such commissioner thus finding out such property or polls, not listed
as aforesaid, immediately to take a list of such property and polls and
the value thereof, in the sume manner as is prescribed in this act,
and to return the amount thereof to the clerk of the county court,
whose duty it shall be to make out and deliver \o the sheriff or col-
lector of their respective counties, a copy of such additional return
wTithin thirty days after the reception of such return from the com-
REVENUE COLLECTOR.
617
missioner, and forward a copy of the same to the comptroller of the
treasury within sixty days from the reception thereof, which return
shall be recorded by said comptroller under the head of the district
in which the property may be situated the several counties of the
state, and to post up a certified copy in the same way as is prescribed
in this act.
Sec. 12. It shall be the duty of the revenue commissioners at any m**y ^
time before or after the days appointed to take in a list of taxable pro- at any
perty and polls, to receive the list of any person or persons who may
wish to return the same.
Sec. 13. The several county courts in this state shall make such courtto allow
an allowance to the revenue commissioners in their several counties Pa?-
as they may deem right to be paid out of the county treasury.
Sec. 16. The several sheriffs or collectors, clerks of the county Duty of reve-
courts and the commissioners of revenue in this state, shall abide by nue officer®,
and perform and be governed in all things by the instructions and
forms made by the comptroller of the treasury, which are not incon-
sistent with the constitution and laws of this state or of the United
States.
Sf.c. 19. It shall not be lawful for any person subject to double tax, of release from
to be exonerated from the payment of the same, unless he, she, or double tax.
they shall m ike application therefor to the first term of the county
court succeeding that to which he, she or they have been returned
and subjected to double tax.
REVENUE COLLECTOR.
17 7 0.—Chapter. 6.
Section 2. Every sheriff who may remove himself out of this State, J{ any Bheriff
and shall not have accounted for the public and county taxes, where- Bhaii move out
by the securities of such sheriffs have or may become liable for the of the state,
same, it shall and may be lawful for such securities, their heirs, ^"ou^dfor^he
executors or administrators, to receive and collect all the arrears of taxes, and the
taxes, which ought to have been collected by such sheriffs; and if securities shall
any person or persons liable to pay such taxes shall or may fail to tne°'t ey
pay the same to the sheriff's securities as aforesaid, it shall and may may proc'd with
be lawful for such securities, their heirs, executors or administrators, ail me powers of
to make distress for all such arrears of taxes, in the same manner as lec/thVlaiiiV01
sheriffs are by law empowered to distrain.
Sec. 3. No such distress shall be made until public notice be first Notice to be giv-
given to the inhabitants of the county by advertising the same at «n before distress
the court house, and other places in each civil district, within the said made«
county, at least one month next before such distress is intended to
be made.
79
618
REVENUE collector.
1796.—Chapter 5.
Before land Section 4. When execb&on issues to expose to sale any lands
be sold for taxes, and tenements liable to taxation, or so much thereof as will L< suf-
fiaecT'ar court- fic*ent to pay the said tax and all cost and charges thereon arriuing,
house door, jj-c. no sheriff shall, in such case, expose to sale any lands and tene-
ments unless he shall advertise the same at the court house 11 his
Ail lands to be county, and four other public places therein, at least forty da) b prior
sold at the court- to such sale, and no sale of any land shall be made but at the court
house. house of the county wherein the land shall be.
1804.—chapter 12.
Section 3. Where any sheriff or coroner has sold, or may here-
may'be made'to a^ter se'* f°r taxes, and before making a title or titles thereto,
lands sold for shall die, remove or abscond from his or their county, then t nd in
taxes by a for- sucjj case, his or their successor or successors in ofbee shall make
mer s en . a jee(j or deeds when called on, to all or any lands sold as afoiesaid,
which deed or deeds shall be as good and valid in law and equity as
if made by the sheriff or coroner who originally sold such land.
1815, Ch. 14, $ 1, 2. (When and how securities may be released
and iheir authority to collect. See Securities.)
181 5.—Chapter 203.
Section 5. If any sheriff shall collect any tax on any pioperty
if sheriff coiiact or p0i|g not inserted in the tax list furnished said sheriff by the
taxes not on the , r, 7 , i , , i ,
tax ifet and fail clerk, and shall fail to return to the court an account there i, the
to arcouni for said sheriff shall forfeit and pay four times the amount of sain lax, to
forihu'foui-6imes ke recoverec' before any j istice of the peace, one half to the person
the amount. from whom he collected said tax, in case he may ihink propei to sue
for the same, if not, to any person who w ill sue, the olher half to the
use of the State, to he paid to the clerk of the county court and to
be by him accounted for and paid in the same manner as lax fees.
1819.—Chapter 41.
Section 1. The Treasurer of the Stale is hereby authorized and
required to receive of the sheriffs and collectors of the pul lie mon-
eys for this State all such bank notes as are current and pas-sing at
par in this State, and the sheriffs and collectors of public mi nevsin
the different counties in this State are hereby authorized and r< quired
to receive of the citizens in discharge of public dues, such bank
notes as are current and passing at par in this State.
1821.—Chapter 38.
Purchaser of
and certificates8 Section 2. In all cases where sales for taxes shall hereafter be
to have deed
made on entries and plats and certificates, the purchaser shall have
from sheriff, and power to take out grants in the name of the original ow ner or owners,
title good.
Sheriff to re-
cehre for taxes
any current b'nk
notes.
REVENUE COLLECTOR.
619
and the said sheriff shall make a deed to said purchaser, conveying
all he title of the reputed owner, and said purchaser shall stand in
the Mima situ ition and have the same right to recover and hold said
lan I so sold, as if the same had been granted before such sale had
taken place.
18 21.—Chapter 59.
Section 1. It shall not be lawful for any collector of public mo- Collector of pub-
neys to receive the notes of any of the Banks of Kentucky in dis- J'pc,.™ve the notes
cha geof public dues, nor shall the surveyor receive notes of said o/the Kentucky
banks, or any of them, for moneys due to the State. banks.
18 2 2.—Chapter 9.
Whereas, there are many tracts of mountainous lands within the
bo inds of large grants, which lands have been conveyed either by
special or general description, and sometimes by fictitious persons,
to avoid the payment of the tax accruing on said lands, whereby the
St ite and county have been defrauded of the revenue thereon, by
re tson of the said lands not selling for the taxes and charges there-
on, under the present existing laws, for reason whereof,
Section 1. It shall be the duty of the several sheriffs where lands Sheriff to buy in
of the description above mentioned may be situated, to make report
to the county court, at the time and in the manner now directed by th'e state?"8 °*
law for reporting ot er lands of deliquents; all such lands as may
be so situated and on which the public taxes are due and unpaid, up-
on which report being made, it shall be the duty of such court to or-
der the sale of said lands, so in arrears for the public taxes, and if
no person at such sale shall bid the amount of public taxes, costs and
charges thereon, it shall be the duty of the sheriff to bid off such
tract or tracts of land for the use of the State, bidding therefor the
ta^es and charges thereon, which purchase being so made for the
S ate, shall be certified by the sheriff to the next ensuing county
court thereafter, and shall remain subject to and liable for the re-
demotion thereof according to the existing laws for redemption of
lands sold for the public taxes.
Sec. 2. The State shall not be held accountable for, or subject to
pay unto the county any tax during the time that the title may re-
main in her.
Sec. 3. When any person or persons shall apply to redeem lands
said before the right of redemption expires, he, she, or they so ap-
plying, shall in all cases be liable for all costs, taxes, and charges up
to the time of redemption.
1827.—Chapter 49.
Section 7. The sheriffs, or other officers of State, shall pay all
fines, forfeitures and other moneys by them collected, or which should
have been collected for the use of the counties, into the hands of the
clerks of the courts, where the judgment may be rendered on or be-
fore the second day of the term to which the execution is returnable.
State not to pay
county taxes in
such cases.
Persons apply-
ing to redeem
land shall pay
all costs, taxes
and charges.
Fines, forfeit-
ures and other
moneys to be p'd
into court by
sheriff on second
day of each t'rm.
620
REVENUE COLLECTOR.
Sec. 8. If any sheriffs or other officer of this State shall neglect,
if not paid or fail or refuse to pay over the fines, forfeitures, or other mone\s by
8hownntjudgm't l^em c°Hected> or that should have been collected, or show by bis re-
to i.e taken by turn on the execution sufficient reason why said moneys were not
motion of Attor- collected, on or before the second day oI the return term of the cxe-
ney General. cuti0n, then it shall be, and is hereby made the duty of the clerk, to
call upon the attorney general, and furnish him with the records, ex-
ecutions, and such other information, as may be in his possession, to
show the liability of such sheriff and the said attorney general shall
move for judgment against said sheriff, or other officer, and thereup-
on the court shall enter up judgment against him and his securities
for all moneys by him collected, or that should have been collected,
for the use of the county upon such judgment, execution shall issue
as in other cases, and notice shall not be required,- Provided, the
No notice re-motion is made at the return term of the execution, but if it shall
made1 at 'return ke ma<^e at next or any succeeding term, then such delinquent
term. sheriff and his securities shall have ten days notice thereof.
Sec. 21. It shall be lawful for the sheriffs or collectors of the
Collector of county revenue, to receive in payment of county taxes the clerk's
county revenue certificates of claims due from the county, which claims shall have
to receive certi- , , i • ,
ficate of claims been listed with the county trustees and numbered as herein directed,
if the same have
been listed. £<H gg (Shall receive from any person having equitable claim
to part of a tract his proportion of taxes. See Redemption.)
18 3 1.—Chapter 93.
Taxes on land Section 3." The better to secure the faithful and prompt payment
which have not of taxes on lands, should any person or persons, being the owner of
be^evied^of'the an^ tract ^a ' e^^er equitably or legally, fail or refuse to pay
goodsif tiierebe the State or county tax thereon, to the collector of the tax in any
any in the coun- county, it shall be lawful for such collector to make the same by dis-
and ^there"01^ tress of any of the personal estate of such owner in his county, if
good4 in another such owner has any such estate in said county, if not, such collector
county, sheriff may, and it shall be his duty to make out his tax bill signed by such
claim \r such c°hector, and put the same into the hands of any constable, sheriff
other county to or other collector, in the county where such owner lives, or where
be collected. his personal estate may be, and take his receipt therefor, and it shall
Such tax biiiio suc^ °®cer *° receive such tax bill and collect the
havetheforceof same, and pay over the same to the collector, giving him such bills
an execution in within four months after his receipt of such bills, and such tax bills,
such other coun- when made out and given over for collection as aforesaid, shall have
all the force and effect of an execution so far as to authorize such of-
ficer or collector to distrain and sell the personal estate of such own-
er for the tax aforesaid; Provided, that any person against whom
any officer under the provisions of this act shall be about to levy fir
How thecoiiec- g,^ taxeg suc.h person or persons may avoid the collection by ma-
tiou in such case , . . .A , , ■ i , •
may be resisted, king oath in writing that the lands listed or charged as his, or a part
thereof, is not his land equitably and legally, or that the tax thereon,
for that year, has been paid by another person, which affidavit shall
be annexed to such tax bill, and be returned as aforesaid, and such af-
fidavit shall excuse such supposed owner from the payment of the
tax on such part of the land as does not belong to such person about
to be charged, and provided aho, that nothing in this act shall be so
REVENUE COLLECTOR.
621
construed as to exempt any lands in this State from being sold for tax-
es or to alter or affect the laws directing the mode of reporting and
selling lands for taxes.
Sec. 4. If any tract of land or part of a tract shall be listed for Howto avo5d
taxes in the name of any former owner, when the same has been list- the payment of
ed by the present owner, if the present owner or his agent will taxes 2nd tirae»
make affidavit that he has paid the taxes on the same tract of land, bee^twiceiis^Id
all ether taxes shall be released and the collector have a credit for
the same.
1S33, Ch. 43. (Attorney General to move against sheriff who
fails to pay in revenue on executions on the second day of each term
See Attorney General.)
1833.—chapter 86.
Section 2. Where the clerk shall have failed or refused to fur- Treasurer and
nish the tax list to the sheriff as directed by law, upon satisfactory trustee to sus-
proof of that fact being made to the Treasurer and county Trustee mentVs Miiml
they shall suspend taking judgment against said sheriff or collector or, where clerk
as the case maybe, until a reasonable time after the reception of ha* failed to fur-
said lists shall enable him to collect said tax. nish tax ll8t*
1835, Ch. 6, { 8. (To receive juror's certificates for county
tax. Provided there be a sufficient tax laid to pay all such claims.
Ch. 18, § 3. See Jury.)
1835.—Chapter 15.
Section 1. The sheriffs of the several counties in this State shall Sheriffs to be
be the collectors of the State and county taxes, who before entering taxes6
upon the collection of the taxes, shall give bond with two or more
securities, which shall be acknowledged before and approved of by Give bond with
the county court of his county, in the sum of double the amount of two or more se-
the taxes to be collected, payable to the Governor for the time being, en'oTln double
and his successors in office, for the use of the State, conditioned the amount of
for the collection and payment to the treasurer of all taxes by him taxes-
collected, or which ought to have been collected, on or before the
first day of January, 1837, and forever after on the first Monday of
October in each and every year in which he shall collect the taxes.
Sec. 2. Said sheriff or collector shall also give bond with two or Sheriffs security
m ire securities, wThich tie county court shall approve of, in the sum for collection of
of double the amount of the county taxes to be collected, payable to Bond payaWe to
the chairman of the county court for the time being, and his sue- county court,
cessors in office, conditioned for the collection and payment to the
trustee of the county in w hich said sheriff or collector may be ap-
pointed to collect, of all taxes by him collected, or which should have
been collected, on or before the first day of January, 1837, and ever
af.er on the first Monday in October in each and every year in which
he shall collect the taxes, and shall also in open court take and sub-
scribe the following oath: "I, A B, do solemnly swear (or affirm, as Oath,
the case may be,) that I will faithfully collect and account for all taxes
fur my county, or cause the same to be done, according to law and
622
REVENUE COLLECTOR.
the best of my judgment, and that I will use all lawful means in my
power to find out such property as may not have been listed for taxa-
tion in my county, and that I will return a list of property to the
clerk of the county court, so help me God."
Sec. 3. When said sheriff or collector shall have received the
Time of collect- list and polls of taxable property in his county, he shall thereupon
lnf ted^siclr aPP°^nt a day and place in each justice's district when and where he
pom e y s . atj-encij;0 receive taxes, and it shall be the duty of said sheriff or
Twenty days collector to give at least twenty days previous notice by advertise-
notice at 4 pia- ment at four of the most public places in said district, and if any
trict" CaCh dlS Person or persons within said district shall fail to attend or otherwise
pay their taxes on or befere the day oppointed, it shall be the duty of
said collector to levy the same by distress of the goods and chattels,
Distress when an(j make sale thereof, of any person or persons so failing or neg-
not paid. Jecting, such sheriff or collector giving at least ten days previous no-
tice of such sale by advertisement, as in other cases.
Sec. 4. In case there shall not be any goods and chattels on which
Sheriff to report the sheriff or collector can make distress for public taxes, it shall be
goodstobef'nd! t'le ^uty t^ie shei'iff or collector to make report thereof to the cir-
cuit court of his county at the first term in each year for the prece-
ding year or years, which report shall be in form following as near as
Form of sheriffs may be, to wit: "I, A B, sheriff or collector of the public taxes for
report. the county of , do hereby report to court the following tracts
of land, town lots and parts of town lots, as having been given in for
the taxes for the year , that the taxes thereon remain due and
unpaid, and the respective owners or claimants thereof have no
goods or chattels within my county on which I can distrain for said
taxes, to wit: A B, one tract of land acres, lying in civil
district No. valued at $ taxes . C D, one town
lot No. in town, valued at $ taxes civil
district, No. ."
Sec. 5. On such report being made to the court, it shall be the
Duty of court on duty of said court to direct the clerk to receive and record the same,
reported lands. an£j ^ court gjve judgment against said tracts of land in the
name of the reputed owners thereof and thereupon the clerk shall
make out and issue an order thereon for the sale of said land and
town lots and parts of town lots which shall be in form following, to
wit:
STATE OF TENNESSEE,) ^ 1Q
Count*. \ te™> 18 '
Whereas, A B, sheriff or collector of the public taxes for the coun-
Order of sale, ty Gf , reported to court the following tracts oflrnd, lown
lots or parts of town lots, as having been returned for the taxes for
the year and that the taxes thereon remain due
and unpaid, and that the respective owners or claimants thereof have
no goods and chattels within his county on which he can distrain for
said taxes, to wit: A B, one tract of land lying in civil district No.
containing acres, clerk's fees cents, sher-
iff's fees, cents, printer's fees cents. C D, one
town lot or part of town lot No. in Town, valued at
taxes . Whereupon, it is considered by the court
that judgment be and it is hereby entered against the aft rcsaid tract
or tracts of land or town lot or town lots, as the case may be, in the
name of the State for the sum annexed to each, being the amount of
REVENUE COLLECTOR.
623
taxes, costs and charges due severally thereon for the year ,
and it is ordered by the court that said several tracts of land, town
lots or parts of town lots, or so much thereof as shall be sufficient of
each of them to satisfy the taxes, costs and charges annexed to them
severally, be sold as the law directs.
Sec. 6. The form as herein before set forth shall be pursued as Form adhered to
near as the nature of the case will permit.
Sec. 7. It shall be the duty of the clerk within ten days after the Clerks duty on
adjournment of said court, to make out a copy of the sheriff or col- reported lands,
lector's report, together with the order of the court therein, which
shall hereafter constitute the j rocess on which all lands and lots of
lands shall be sold tor the public taxes, which, when received by the
sheriff or collector, shall be obeyed and returned under the same
rules and subject to the same penalties as are now or may be provi-
ded by law for executing and returning writs of fieri facias.
Sec. 8. It shall be the duty of each and every sheriff or collector riff to re ort
of public taxes within this State, to make the report as specified in ft'the first'court
the fourth section of this act, at the first court in each and every in each year,
year, for the preceding year or years, and when an order of sale
shall issue to said sheriff or collector, it shall be his duty to adver-
tise in some newspaper printed in the county where the land lies, or what j Ia'cei
no paper be printed in said county, it shall be the duty of the sher-
iff or collector to advertise sales of lands lying in East Tennessed
in some newspaper printed at Knoxville, for lands lying in Middle
^Tennesse e at Nashville, and for lands lying in the Western District
at Jackson, which publication shall be made at least forty days be-
fore the sale, the said sheriff or collector setting forth in said adver-
tisement, that the said tracts of land will be sold for taxes, costs and
charges, and setting forth specially the quantity and situation of each
tract, and if the taxes, costs and charges upon any tract shall not be
paid before the day appointed ijj said advertisement for sale, the same
shall be sold, or so much thereof as shall be sufficient to satisfy said
judgment and ail costs and charges due thereon, which sale shall bo
made at the courthouse of the county wherein the land shall be situ- on^e^MtMon-
ated, on the first Monday of July and the succeeding day or days if day in July,
necessary next ensuing in each and every year.
Sec. 9. No land or lots of land on which the tax may remain due Lands eoId f,)r
and unpaid, shall be sold for less than the amount thereof, and he who for jess ihan the
shall pay the same for the smallest number of acres to be run off amount thereof,
at the beginning corner and running at least one line to said tract so
as to include the quantity sold as near a square or oblong (at the How to run off
election of the purchaser) as the situation of the other line or lines tothePurchaser*
or interruption of lines by former sales will admit, shall be the pur
chaser: Provided, that the beginning corner shall be in the county
where the sale is made, and if not to commence on the county line
nearest the beginning corner.
Sec. 10. Said sheriff or collector or his successor is hereby au- of deeds to bo
thorized and required to make a deed or deeds of conveyance for made-
the lands so sold to the purchaser or purchasers, having regard to the
beginning cori er of the tract so sold, that is to say, beginning at the
same and running at least one line of said tract so as to include the
quantity sold as near a square or oblong~(at the election of the pur-
chaser) as the situation of the other lines or interruption of lines by
former sales will admit, having regard to the beginning corner.
624
REVENUE COLLECTOR.
Sec. 11. The laws now in force in this State, conferring the right
Of right of re- cf redemption upon the owner or owners of real estate sold for lax-
deinption. eg^ an(j nQt inconsistent with the provisions of this act shall he and
continue in full force and effect.
Sec. 12. In all cases where lands or town lots shall be sold for
of deeds. taxes as herein provided for, and where the same has not been re-
deemed within twelve months after the day of sale, the sheriff or tax
collector in executing a deed or deeds of conveyance to a purchaser
What facts to or purchasers, shall only be required to recite the consideration paid,
recite. such description of the land to be conveyed as will identify the same,
the judgment upon which said sale was made and the date thereof,
in what court rendered, the fact of legal notice having been given,
and the sale and date of sale of the property; and in all cases where
these requisitions shall have been complied with, and shall have been
recited in said deed or deeds of conveyance, the same shall be good
and effectual between the parties.
Sec. 13. The sheriff or collector appointed to collect public taxes
beW^!®nbtaxes,10 by virtue of this act shall, each and everyone of them, pay the pub-
e pai by shff. j-c taxes coi|ecteci jn hjs county into the hands of the treasurer au-
thorized to. receive the same, or to such other person as he may di-
rect, on or before the first day of April, 1837, and forever thereaf-
ter, on or before the first day of October in each and every year, afld
cent Wf ^ s'*,petr sball receive as a compensation for collecting and paying the same
ing! f°r coilect* the sum of six dollars for each hundred dollars, and so in proportion
for a greater or less sum, which commission shall be deducted out of
the money by them collected.
Sec. 14. If any sheriff or collector of any county in this State
feiiure' uTsetue S*ia^ ne^ect or refuse to settle his or their account on or within the
withTomptr'ii'n time limited by this act as in manner hereby directed, it shall be the
duty of the comptroller of the treasury, by himself or his attorney,
to appear in the circuit court of th«^ounty in which such sheriff or
collector resides, at the first term of said court after the second Mon-
day in April, 1837, and forever after, on the first Monday in Octo-
ber of every year, or at any subsequent term of said court, and in
the name of the Governor of the State, to move for judgment against
such delinquent sheriff or collector and his securities, with damages
of twelve and a half per cent, on the amount due from such sheriff or
collector, and the court shall enter judgment and issue execution ac-
cordingly: Provided, that in all cases, at the request of the defend-
ant, a jury shall be empanneled by the court, who shall find the facts
before the judgment shall be rendered.
Sec. 15. If any sheriff or collector of any county in this State
fWUiTe'to11 setUe neglect or refuse to settle and pay over to the county trustee
w!tiic;nty trus- within the time limited by this act as in manner hereby directed, it
tee, shall be the duty of the county trustee for the county in which such
sheriff or collector shall reside, by himself or the Attorney General
of the district, to move for judgment in the name of the chairman of
the county court on the bond, with twelve and a half per centum
damages, of the said sheriff or cellector, for the amount of taxes due
from such sheriff or collector and his securities, in the circuit court
of the county in which such sheriff or collector resides, and an exe-
cution may issue thereon, directed to the sheriff or coroner of the
county wherein the delinquent sheriff or collector resides.
REVENUE eOLLECTOR.
625
Sec. 16. In case any suit is instituted under the provisions of this of suits against
act against any sheriff or collector and his securities, the same Sr wanto°f form
shall not be abated, quashed, or delayed by any want of form, or by
reason of any informality in prosecuting the same.
Sec. 17. it shall be the duty of the sheriff or collector when he
shall have received the amount of tax from any person or persons for giv/rec^t* l°
which such person or persons stand chargeable, to give a receipt lo
the person or persons so paying, expressing in said receipt the
amount so received; and if any sheriff or collector shall presume un-
der color or pretence of his office, to collect more money in name of
taxes than is directed by law, such offending sheriff or collector, on Guiitv of m'sde-
due proof thereof, shall be guilty of a misdemeanor in office, and meanor' & fined
shall be fined not exceeding one hundred dollars for each and every ^ooniuch'r1
offence.
Sec. 18. No sheriff or collector of public taxes shall obtain and No credits for
receive a credit with the comptroller of the treasury or county trus- ins'iv'nci's with-
~ ~ . r . . , ~ P , out order of c'rt.
tee ot his county, tor any insolvencies or deficiencies ot payments
in the collection of the public taxes in his county, without first ma- how obtained,
king oath in open court that the list of insolvents by him exhibited is
just and true to the best of his knowledge, and that said list fully
sets forth the name of each delinquent in his county, the amount of
tax he owes, and the nature and kind of taxable subjects from which
derived, and the year for which it accrued, and that he had used all
legal ways and means in his power to collect the taxes contained in
the said list from the time he received the tax list of his county from
the clerk thereof, and that he could not find any property to enable
him to collect the said taxes, and on such oath being made and sub-
scribed upon the same paper containing said list as filed, the county
court of the county in which such sheriff or collector resides, shall
order their clerk to certify to the comptroller of the treasury and
county trustee, that they have allowed the collector of the public
taxes in their county a credit for the amount of the list so exhibited
and sworn to, or such part thereof as the court shall deem reasona-
ble and just, plainly distinguishing the year for jvhich the credit is
to be allowed. *
Sec. 19. The sheriff or collector of the public taxes shall not be Limit of time for
allowed any credit for insolvencies from and after the time limited by °f
this act for them to settle their accounts of public taxes by them cdi- yency. °r "°
lected.
Sec. 20. The sheriff or collector shall be entitled to a credit with Allowed a credit
the comptroller of the treasury and county trustee, for the taxes on ^r^ed8f°" ^le
all lands and town lots, or parts of town lots, which he may have re- ep °
ported for the non-payment of the taxes due thereon; and when an
order of sale shall be awarded by the circuit court, it shall be the du-
ty of the clerk of said court to deliver the same to the sheriff or col-
lector, and when said sheriff or collector shall have returned the
same agreeably to law, it shall be the duty of the clerk of the said
court to certify to the comptroller of the treasury and the county
trustee, the amount of the tax on all such lands, town lots, or parts
of town lots, which may have been sold, or have been paid, and shall
certify the names of the owners-or claimants of all such lands and
town lots, or parts of town lots, with such description, value, and
amount of the taxes due thereon of all such lands, or town lots, or
parts of town lots thus reported, which have been returned as unsold
80
626
RIVERS AND NAVIGABLE STREAMS.
and unpaid, and it shall be the duty of the comptroller to direct the
manner in which such lands, or town lots, or parts of town lots,
which have been relurned by the sheriff or collector as unsold and
unpaid, shall thereafter be assessed for taxes so as best to secure the
tax on the same for any former year or years for which the tax may
remain due and unpaid.
Sec. 21. It shall be the duty of the Attorneys General in their res-
T Duty of Attor. pective districts, to prosecute all motions against delinquent collect-
G?I,enal t0 ors of public taxes when made or ordered to be made by the c< mp-
prosecute nil mo- » . J 1
tiorisagainst col troller or county trustee as directed by this act, without any charge
lectors. to the State therefor, but he shall have a tax fee of twelve dollars
and fifty cents for each motion successfully prosecuted.
RIVERS AND NAVIGABLE
STREAMS.
Oct. 17 84.—Chapter 14.
Section 16. The majority of the justices of the county court
Count rourt an(i l^ey are hereby authorized and empowered, where an in-
may order rer land river or stream shall run through the county of which they are
t« n improv'nrts justices, by order of court to appoint commissioners to view and in-
navi^ai>"ertr"ihb sut'h fiver, and make out a scale of the expense of labor with
in their county, which the opening and clearing the same will be attended, and if the
same shall be deemed within the compass of the abilities of the
county, and shall judge the burthen will be compensated ly ihe ulil-
ity, to appoint and authorize the commissioners to proceed in the
Hands to he ta- most expeditious manner in the opening and cleansing the same, by
ke« off public taking such hands off the making or repairing the public roads, as
roads for that the co.irt shall permit and direct to Le appropriated to such work,
purpose. which hands shall be placed under overseers in companies, every
laced^under overseer an^ company to have a distinct portion of such rivers or
overseers in com- streams laid off by the court, which overseers and men of c< mpanies
panies.ani have are hereby sulject to the same rules, and double ihe penalties as by
assigned tothem act ™Posed on the overseers and working hands on public roads.
s g" o m no overseer or hands appointed to open and cleanse navf-
neglect*1*11168 f°r ga^e fivers and streams shall be compelled to work on public roads.
Excused from
wads. 178 5.—Chapter 25.
Section 1. The justices of the county courts where any inland
Same power fiver or stream of water is or shall be the line of the county where-
where such st'ni of they are justices, .shall have all ihe powers and authority given
ofcount68 Une ^ act ch* for the purposes therein mentioned, to
o county. justjces 0f the county court of any county through which an in-
land river or stream doth run.
RIVERS AND NAVIGABLE STREAMS.
627
Sec. 2. The justices of each of the said courts respectively Power of court
where any such inland river or stream should run through the coun- smimentTto re-
ty, or be a line of the county whereof they are justices, shall have move obstruc-
full powers and authority, where the same shall appear necessary tion8>
and expedient to them, to direct the commissioners by them appoint-
edin virtue of this act, and the said act of 1784, ch. 14, to purchise
or hire a flat, with a windlass and the appurtenances necessary to
remove loose rocks and other things which may, by such means, be
m >re easily removed, and allow the same flat, windlass and appurte-
names to be paid for out of the county tax: Provided, that nothing priv^"°0^ty
in this act contained shall affect private property.
178 7.—chapter 15.
Section 1. The county courts are hereby empowered to appoint
commissioners to examine and lay off the rivers in their county and poi.rtiTTs"ro
where the river is a boundary between two counties, to lay off the sinners "to exam-
river on the side of the county appointing such commissioners; »ue streams,
anl farther, sach commissioners shall, in laying off" the rivers, allow
three-fourths of such rivers for the owner or owners of the same, for
the purpose of erecting stops, dams and stanls, and one-tburth part, Onefou-tiito te
injluding the deepest wafer of the rivers and creeks, they shall le sve kept open,
open for the passage of fish, m uking and design iting the same in the
best minner they can; and where any mill or raids are built across Commissioners
any such river or rivers, and slopes are or may be necessary, commis- Sa°sPto
sioners shall be appointed as above who shall lay off* such slope or building mills,
slopes and determine the length of time such shall be kept open, and
such commissioners shall and they are hereby required to return to Commissioners
their respective county courts a plan of such falls, dams and other t0 report 10 c rt'
parts of rivers as may have been thought necessary to survey as above.
Sec. 2. All and every person or persons who shall hereafter erect Persons obstr'ct-
any stand, dam. wear or hedge, in such part of the river as by this {J^p®
law is required to be left open for/the passage of fish, or who shall pay $12 50'for
not mike and keep open any such slope as the commissi mers may every 24 hours,
j idge necessary, shall forfeit and pay twelve dollars and fifty cents for
every twenty-four hours any person shall keep up, erect or make any
such stop, dam, stand, wear or hedge, or dam up or stop any such
slope, to be 'recovered by any person suing for the same, one half to
his own use, the other half to be applied to the use of the county,
either by warrant before a justice of the peace, or in a court of law,
as the case may require.
1819.—chapter 63.
Section 4. If any person or persons shall, after the first day of
January next, obstruct the navigation of the main channel of any tj^m d^chan'nM
navigable river, or other stream in this State by building mills, erect- of any navigable
ing dams or locks, otherwise than such as have heretofore been au- stream,
thorized by law, or may hereafter be authorized, in or across the same,
or by any other means whatever, such person or persons so offend-
ing, shall forfeit and pay the sum of two hundred and fifty dollars, P€nalty |250
one half to the use of the person who may sue for the same, and the
628
R0AB9.
other half to the use of the State, which suit shall be brought in the
county where the offence was committed.
Sec. 5. Jf any person or persons who may have heretofore erect-
Pen'ityof$2000 ed in or across the main channel of any navigable river or other
structfons'to re- stl'eam» any dam, slope, or lock, otherwise than such as may have
main more than been heretofore authorized by law, or may hereafter be authorized to
six months, be built, and shall permit the same to be and remain in or across such
navigable river or other stream, for a longer period than six months
after the first day of January next, such person or persons so offend-
ing shall forfeit and pay the sum of two thousand dollars, one half
to the person who may sue for the same, and the other half to the
use of the State, in the circuit court of the county where such of
fence may be committed.
1835, Ch. 88. (Indictable to obstruct navigable streams. Sec
Misdemeanors.)
ROADS.
17 8 4.—Chapter 14.
if°m "S Section 10. It shall and may be lawful for any overseer, if re-
hands^desire it, quired by a majority of the workmen, on the road assigned him, to
lay off road in lay off the road in equal apartments for the ease of the laborers,
separate apart wqQ fjnjsh hjs or their parts in a time agreed on between him
To finish their and each free porson, master, mistress or overseer; and on default
parts in time of any agreeing party, the overseer is hereby authorized to cause
o^iTefttuit'ov'r- suc^ Part to fin^s^ed hy hire of other persons to do the same, and
s'r to liire hands thereon to tender his account, and demand payment, and on refusal,
and^ make out to warrant for the same, and to recover the money to his own use.
tyC 1 in''"default Provided, the time agreed upon shall not exceed ten days.
shall pay.
n!r;;;s.roaJ 17 9 6.~chapTEr 22.
Apply for da- Section 4. Any person claiming damages for laying out a road
mages in 9 mo's. over his land, shall apply within nine months after such road shall
have been laid out.
18 0 3 .—Chapter 56.
raa;ouSr; Section l. The several county courts within this State shall
cense to a citi- have full power to grant license to any of the citizens of their coun-
zen to erect a to erecta gate or gates, across the public highway, when, in their
c&tc Ecrocs road. . . © ^ i © •/ / >
Gate not to be opinion, it will be of advantage to an individual, and not injurious to
less than 12 feet the public; Provided, such gate shall not be less than twelve feet
wide and 11 feet wi(Je an(J eleycn feet hi h>
nign. ®
roads.
629
Sec. 2. When any person is privileged by this act to erect a gate 0wner t0 kee
for his or her own advantage, he or she shall be at the expense of BUChngate in^e*-
making and keeping such gate in repair at his or her own expense, pair.
18 04.—Chapter 1.
Section 1. All roads and ferries in the several counties in this ferries rTou^or
State that have been laid out and appointed agreeable to law, are appointed by vw
hereby declared to be public roads and ferries, and from time to declared to be
time, and at all times hereafter, the courts of the several counties bounty court to
in this State shall have full power and authority to appoint and settle appoint ferries,
ferries, rate the toll, and to order the laying out public roads when ™aedg°n and lay
necessary, and to appoint where bridges shall be made, and to discon- Direct bridges,
tinue such roads as are now, or shall hereafter be made, as shall be Discontinue or
found useless, and to alter roads so as to make them more useful as Bltp^°aded one
often as occasion may require. Provided, that one-third or twelve third or twelve
of the acting justices be present. be present.
Sec. 3. All roads hereafter to be laid out shall be laid out by a ju- Roads to be laid
ry of freeholders to consist of not less than five, nor more than out by »jury of
twelve, to the greatest advantage of the inhabitants, and as little as lessth'nflve.nor
may be to the prejudice of enclosures, which laying out shall be on more than 12.
oath,(a) which oath shall be in the following words, to wit.
"I, , do solemnly swear (or affirm as the case may be) that
I will lay out the road now directed to be laid out by the county court
to the greatest ease and advantage of the inhabitants, and with as
little prejudice to inclosures as may be, without favor or affection,
malice or prejudice, and to the best of my skill and knowledge."
Sec. 4. All roads so laid off, shall be deemed public roads and roads,
shall be at least twenty feet wide; Provided, it is practicable from To be20feet
the situation of the ground, and when by the overseers it may be wide> if Practi*
deemed expedient to make or repair causeways in the same roads, cable"
they shall be at least fourteen feet wide, and the earth necessary to fee<^^ays 14
raise or cover the said causeways shall be taken from each side of ee W1 e'
the causeway, and so made as to make a drain on each side of the fronfeaak
causeway; and the overseers of the public roads, are hereby direct- cauTeway.
ed to have completely cut and cleared all stumps, rocks, trees, brush Ail obstructions
and obstruction, so far as is practicable for the width of sixteen feet ^ ™y°ke0d
in the centre of the road under their care, of which width necessa- ]e feet,
ry bridges across swamps and over small runs and creeks are here. Bridges to be 16
by directed to be made. feet"
Sec. 8. The courts of the said counties shall annually appoint Overseers to be
overseers of the roads, whose duty it shall be to summon or notify afiy0'who ^hnn
all white males from the age ofi eighteen to fifty years and all own- notify ail white
ers of slaves to be notified to send their male servants from fifteen to n»al
fifty years of age to attend at the time and place where appointed from i/, toSMo
by said overseer, except judges of the supreme court, ministers of work on roads,
the gospel, keepers of public ferries, justices of the peace, the Gov- j„d
ernor, Secretary of State and Attorney General; Provided, that nc- isters,ferrymen,
(a) Where several persons petitioned to the county court for a road to be laid out, and there was an order
by twenty-one justices, who also appointed the jurors. They returned the road as laid off, but it is notsta-
ted in their return that they were sworn. The county court confirmed the road, net saying in the record
how many justices were present. Held, that a majority must be present at the confirmation of the road, and
that the jury must besworn as required by this act. 4 Hay. Ill,
Oath of jury.
All such public
630
ROADS.
justices, Gover- thing herein contained shall be so construed as to exempt their slaves
stateu»dAuo^ fr°m working on public roads within their district, to meet at s leh
neys General. places within their bounds, as to them shall seem convenient for the
Hands 10 forfeit repairing or making such roads as shall be necessary, and whosoever
for fai'iure'to^af. shall, upon such notice refuse or neglect to do and perform their du-
tend. ty therein, shall forfeit and pay the sum of seveuty-five cents per
day for each person so neglecting or refusing, to be recovered by a
warrant from any justice of the county, and paid by the constable
To b x nd d t0 ^ overseei'> an<* hy him to be expended in hiring other hands
in° hiring* other *° work on said roads: Provided, when any person or persons do not
hands. find it convenient to work as aforesaid, they shall be exempt from all
costs and damages, provided they pay into the hands of the overseer
Fines to be paid of said road the" fine as by this act imposed within ten da) s from the
in ten days. tjme app0inted to work on said road.
Sec. 9. If any overseer shall fail, refuse or neglect to perform
neglect any the duties enjoined on him by this act, or shall excuse any
of duty, or" for person who may fail to attend, or take any treat, hire or bribe, such
excusing deiin- overseer, for every such offence, shall be liable to be indicted or pre-
foTTakln^any sented by the grand jury of the county wherein such offence shall
treat, hire or be committed, and it shall be the duty of the judges of the different
bribe. circuit courts to give this law in charge to the grand jury each term
Judges to give of the court, whose duty it shall be to make presentments, and when
this act in eh'rge indicted or presented shall be liable to answer to the said indictments
No informality or presentments and judgment shall be given thereon notwithstand-
to hurt. jng, any informality therein.
Sec. 10. Any person refusing to serve as overseer on any road
fof5rcth«a|itUto aoreeabty to the order of the county court in which he resides, shall
serve as overs'r. forfeit and pay the sum of fifty dollars for the use of the county,
to be recovered by motion at the term of the court next after the re-
motion!^6 ^ fusal of any person to serve as overseer as aforesaid, unless the per-
Provided no er son or Persons so appointed shall show to the court sufficient cause
son*' shall'^be refusal; Provided, that no person shall be compelled to serve as
forced to serve overseer of a road in any county more than one year in five; Provi-
"ear6 in five °"6 ^e<^' ^t ^ overseer shall give notice to each white person or the
year m ve. masters, mistresses or overseers of slaves, what kind of tools they
rectVthe kind'of anc^ each °f them shall bring and work with on the road at the time
tools to be bro't of notifying, and that the several pei sons notified by the overseers on
by hands. the roads as aforesaid, shall not be liable to pay any fine for not ap-
Three days no- pearing and doing their duty, unless they shall be so notified three
tice necessary, days before the day appointed for working.
Sec. 11. All overseers of roads shall cause to be set up at the
Overseers to set forks of all roads within their several districts, a post or posts with
witharins point- arms pointing the way of each and every public road, with directions
ing the way of to the most public place as near as can be computed; and every
each road, and overseer who shall neglect or refuse so to do, and keep the same in
to° which6 elch repair, shall forfeit and pay for every such neglect the sum of five
road leads, and dollars, to be recovered by action of debt before any jurisdiction ha-
mncsnUtob6such v*n° cogn*zailce thereof, in the name of any person who wTillsue for
place. UC the same, one half to his use, the other to the county, and even per-
Forfeit $5 for son or Persons who shall wrantonly remove, knock dowTn ordcficc
neglect. the said arms, shall for every such offence forfeit and pay the sum of
Forfeiture of fifty dollars, to be sued for in the name of any person wh > will sie
$50 for injuries for the same, before any tribunal having cognizance thereof, one half
to said arms. ^ ^ owa u#g ^ q^qj. ^ county.
ROADS*
631
Sec. 12. The several overseers of the roads within twelve months Overseers to
next after the passage of this act, shall cause the public roads within "aikThekroads
their district respectively to be exactly measured, when the same has
not already been done, and shall at the end of each mile, mark in a
legible and durabe manner, the number of such miles, beginning,
continuing arid marking the same as has been heretofore in use j and
every overseer shall keep up and repair such marks and numbers And keep up
within his district, and every overseer neglecting or refusing to mile the same,
mark, or repair the mile marks within his district according to the
intent and meaning of this act for the space of thirty days after
their appointment to office, after the expiration of the term allowing
overseers aforesaid to have their roads surveyed or measured, shall
forfeit and pay the sum of five dollars, to be recovered and applied renaity for neg-
as aforesaid. ,ect $5-
Sec. 13. No person shall turn, alter or change any public road ^ ^
unless it be by the order of the court of the county, founded on the alt,d 0™ai,an0ged
report of a jury appointed and sworn, as in the cases of laying off but by order of
new roads, under the penalty of five dollars for each mouth such c°'!rt and report
road is turned out of the old course, without any order of court, ° penalty $5 per
to be recovered on a warrant before any justice of the peace, mouth.
• by any person suing for the same, and applied as aforesaid, and bg'thut^p^tm
the old road shall in no case be shut up until the overseer shall cer- overseer ce^tifi's
tify to the court that the new opened road is in good and sufficient re- to court that the
• new one is in
P good repair.
Sec. 14. Whosoever shall fail to keep the roads and bridges clear
and in repair, or let them remain uncleared or out of repair for and and^an.ages on
during the space of fifteen days, unless hindered by extreme bad overseer, for not
weather, such overseer shall forleit for each and every such offence ^iTes^re^'ir
the sum ol five collars, over and above such damages as may be sus- N0t t0 be out of
tained, to be recovered by a warrant from any justice of the peace repair 15 days
by any person suing out the same and to be applied to his own use. by'e^tren'e^bad
Sec. 16. The overseers of the several roads within this State are weather,
hereby authorized to cut poles and other necessary timber to enable Over?eers to use
them to repair and make bridges and causeways, without incurring
any penalty thereby. penalty.
Sec. 17. The justices of the county courts shall have power to court to desi«-
designate in the overseer's order the bounds in which such persons nate in order
do reside who shall be subject to work on each road in their counties, bou^s
so that no person shall be compelled to work on more than one road.(&) Work^>n*but one
Sec. lb. Where any person shall conceive himself injured by road,
laying out any road as directed by this act, it shall be lawful for the Any rerSon in-
court of the county, on complaint made by such person, to order a jured by n road
jury to be summoned to view such road and assess the damages to J"ay
be paid by the county, or turn the road to the most convenient place damages, or
taking into view the public good as well as the injury the individual change the road,
so injured may sustain.
(J) The designation of hands to work on a road, by two justices of the peace, appointed by the county
court for that purpose, is void. This jurisdiction, by the 17 th section is vested in the county court, aud can-
not he transferred elsewhere. 6Yerg 485.
2. When hands are designated hy a county court to work on a road, under the overseer then appointed:
Held, that when his authority ceased, tlieii obligation ceased also, and they were not liable for not working
until an order made. Same.
632
roads.
18 0 7.—Chapter 30.
sheriff to de- Section 2. The sheriff by himself or his deputy, on the receipt of
liver order of ap- orders appointing overseers, shall within twenty days thereafter, de-
Beer'nor"eaveeit ^ver same to the person so appointed, or leave the said order at
aT his house* $ the usual place of abode of the person appointed overseer, and shall
make return make return to the next court of his county, how he has executed the
^terkto record same5 an(I the clerk shall record the said return,
return. Seo. 3. If any overseer of a road notified as aforesaid, should be
such return indicted or presented to the return of the sheriff, shall be received as
goon evidence, evidence on the trial.
18 0 7.—Chapter 59.
Section 1. The several county courts are authorized and required
provide^ crow" uPon application to them made, by any overseer of a road, within this
bar, and stone- state, and on its appearing to the satisfaction of the court, that the
haiiuii'rfor ov'r- articles hereinafter mentioned, are necessary to cause to be provided
cessary! *" f°r the use of such overseer, one stone hammer, and crow bar, to be
paid for out of any money in the county treasury, not otherwise ap-
Such tools to propriated; and the said tools, so provided, shall be kept safety by
and on?1 usedon s overseer, and be used on the road, subject to his control, and not
the road. ** to be appropriated to any other use or purpose whatsoever; and if
said overseer shall lend out, or otherwise use the said tools than re-
$5 fine for quired by this act, such overseer shall, on conviction thereof, be fined
wise8lh'm°th'r ^ t^ie court 'n a sum no* exceeding five dollars, for each and every
offence so committed.
1811.—Chapter 3.
ail roads laid Section 1. Where any road has been laid off by an order of the
off hy order of county court, an overseer appointed, and hands allotted for the pur-
Court, deemed p0se 0f keeping the same in repair, it shall be held and deemed a pub-
continued11 dby h° road until discontinued by order of the court; and the overseer
said court. and hands appointed to keep said roads in repair, shall be liable to all
forVe;SeeTec'tiab:ef ^nes' forfeitures, and penalties, prescribed by law for neglect, failure
duty. 6C or refusal, to perform any of the duties by law directed; and shall not
Not to take be allowed to avail themselves of any informalities or defects which
an^informaiity maT aPPear hi the proceedings of the court or jury, respecting the
in laying out laying out and establishing said roads.
road Ch. 60. (See Private Ways.)
18 11.—Chapter 120.
ct to a oint SECTI0N 1- It shall be the duty of the several county courts in this
suitable number state, through which the stage road shall run, at their first court,
of overseers on after the first day of January next, to appoint a suitable number of
stage road. overseers on the stage road, who shall in all cases when it is practi-
cable, cause the same to be opened thirty feet wide, and where cau^e-
ways shall be necessary, they shall be twenty feet wide, and shall at
ROADS.
633
all times keep the same in repair, under the same rules, regulations b s!aR® T^Ide*
and restrictions, as is contemplated by the present road laws. aad UCauLw'aya
Sec. 2. It shall be the duty of the county courts to apportion a suit- on same 20'
able number of hands to each overseer, so as to enable them to carry „ct- Fallot suf-
,i • . • . ff„ . " fluent hands to
this act into effect. each overseert
1813.—Chapter 40.
Section 1. It shall and may be lawful for the different sheriffs or their Sheriffs or d«.
deputies to administer the necessary oaths to jurors of view, to review
and lay off public roads, and the said jurors so qualified are hereby orsof view,
empowered to act as such, as fully as if the oath of qualification had
been administered by any judge or justice of the peace in this state.
1815.—chapter 128.
Section 1. When an overseer of a road is appointed, he shall be overseer to
considered as overseer, until he returns the order of his appointment, act until he re-
although he may hold said appointment over one year, and he shall turns his order-
be subject to all the pains and penalties that other overseers of the
roads are.
181 7.—Chapter 35.
Section 1. It shall be the duty of the different courts in this state Controversiee
in which there may be depending any suit or controversy for the r,,tads
establishing any ferry or laying out any public road, to hear and de- tried a't the first
termine such suit or controversy at the first term of said court, after term-
such cause or controversy shall be placed on the docket of said court, be^et^o^such
and it shall be the duty of said court when any such cause shall be suits on the jst
depending, on the first or second day of said term, to set such cause °kefcrm day °f
or causes for hearing on some particular day of that term, on which
day such cause shall be taken up for adjudication. An oa
whic.i overseer
1819.—chapter 26. ks
worke I, shall be
Section 1. All public roads which have been used as public high- pubhc
ways, and on which it has been customary for overseers to be ap- aii such as
pointed, and hands to work, shall hereafter be taken and deemed to oV^iuch
be public roads. And all roads which may hereafter be laid off by 0ve>seers are ap-
order of any county court, on which an overseer shall have been ap- pointed, & hands
pointed, or on which hands may have worked under the direc-
tion of an overseer, shall also be deemed public roads, and credible proof'of these
parol proof of these facts is all that shall be hereafter required on the facts, sufficient
part of the state, in any prosecution which may hereafter be institut- l"ainprt°overseer
ed against any overseer of a public road or highway for a failure in for neglect of
the performance of his duty, as pointed out by law. duty«
Sec. 2. It shall only be necessary in order to the. conviction of a public per.
any overseer of a public road or highway in this state, to prove that fornwnceof any
he has summoned hands to work on any public road of which he holds overseer'11'suffi^
himself as overseer, or that he has publicly performed any of the du» cient to convict
SI
634
K0AD9.
for failure in ties required of overseers of public roads in this state, and no-
d"i>uroi proof of contained in the act which this intended to amend (1807, c/i. 30,
any fact neces sec. 3,) shall be so construed us to exclude parol proof of any of the
snry to charge facts necessary to charge the overseer of any public road for neglect
overseer, good. Gf any part Gf his duty as prescribed by law.
Sec. 3. The clerks of the several county courts in this state, shall
hereafter have twenty-five days allowed them after the adjournment
Clerks to have Qf their respective courts, to issue copies of orders relative to public
court^o* make r(>ads, and copies of the appointment of overseers of public roads,
out roado ders. which may have been made during the term,* and the sheriff shall
Sheriff to have thereafter, within twenty days, as now prescribed by law, execute
20 davs thereaf- .. .. * .u i i i
ter to serve such ana deliver the same to the person or persons who may have been
orders. appointed overseer or overseers, but in no case shall a failure on the
Neglect of p.drt 0p any cie,.^ or sheriff to perform these duties, go to exempt any
sheriff not to ex- r f. , . . 1- . i • l- -c .•
cuse overseer, if overseer trom the penalties of the Jaw now in force, if satisfactory
he received or- parol proof can be made, that he received his appointment any time
der afterwards, afterwards, or that he proceeded to the performance of the duties of
or proceeded to . . . . ' . 1 , . . n ' , . . . , .
tiie performance his said appointment, and that he has tailed to have his road in a pro-
of his i.uty. per and legal state of repair.
Sec. 4. All overseers of roads, shall within six months after the
passing of this act, carefully measure and mile mark their respective
Overseer to r0ads, and set up a post of some durable wood at each mile, and mark
nrnrkTo'n posts thereon the number of miles to the courthouse of the county, or some
oi durable wood, other place of notoriety; and also to- cause to be set up at the forks
their 'oads. 0p au roads in their several districts, a post or posts with arms point-
And to set up ing the way of each and every public road, directing to the most pub-
frc^at ah forks'3 P^acesj whh the number of miles from that place as near as can
B a °r s' be computed, except where the same has heretofore been done.
Sec. 5. It shall be the duty of grand jurors of the several counties
Overseer in- of this state to present all public roads that are nol mile marked, and
dictai.ie for ne- p0gtg get up an(j marked as before directed, and all forks of roads that
gleet of the an f r . . * • t 1 i i in
ties required by have not an index or arms, as herein directed, and the court shall
this act. proceed to fine such overseer, upon conviction, in a sum not exceed-
cecd"^01 t0GX five dollars, and it shall be the duty of the judges to give the same
judges, to give in charge to the said jurors,
this act iu
charge. 1820, Ch. (Indictment against overseer without prosecutor.—
See Indictment.)
1820, Ch. 137. (See Private Ways.)
182 1.—chapter 6.
Section 1. The county courts of the several counties in this state,
cty. ct. to at the first court after the 1st day of January next, a majority of the
three ciMses,nt0 acting justices being present, shall proceed to class the public roads
in their respective counties into three distinct classes.
Sec. 2. The first class shall embrace the stage road or roads, and
stage roads, <$• such other road or roads as the court shall deem of equal importance
linpTrtance^'to or utility, and shall, in all respects be made and kept up causewayed,
constitute 'first bridged, t.iilemarked and indexed, as directed by the existing laws of
eiass- this state.
roads.
435
Sec. 3. The second class of said roads shall be twelve feet wide, 2nd class tob«
cleared of all obstructions, causewayed and bridged where necessary,
sous to affbrd loaded waggons travelling said roads a safe passage nous, causeway-
over the same, and sh ill be indexed as now directed by law, and shall ed and bridged,
also be required to be mile marked. wfde^T.ougfnllr
Sec. 4. The third class of said roads shall be of sufficient width for the passage of
the passage of a single horse and rider, and for the purpose of milling on horse a,ld rid<,r»
single horse, and where necessary shall be bridged and causewayed. for *fliHh1*"9Wer
Sec. 5. The first class of said roads shall be notched on the mar To he bridged
ginal trees, with three notches, the second class with two notches, a"d causewayed
an 1 the third class with one notch.
Sec. 6. The courts aforesaid shall from time to time assign to the notched" with *3
roads of the first and second class a competent number of hands to notches,the 2nd
keep the simo in giod repair, observing a proper discretion between lhe
said roads; and shall also assign io the roads of the third class a suf- suitable mim-
fieient number of hands to keep the same in repair, or to order that hers of hands to
such roads shall be worked on only when necessary. road"88'2""11 l°
Sec. 10. The attorney-general's tax fee on each prosecution Att.Gen. tax
against an overseer of any public road, hereafter to be determined, fee $250, vs. ov-
shall be two dollars and fifty cents, and no more. Nine acting jus- ers^Ii'e justices
tices being present, shall have power to transact all business which may do the du-
this act requires a majority to transact—and said justices shall 1 e.9 re(iuired by
have power to class the roads of the third class without the interven- courfmay class
tion of a j ury. roads of the 3rd
class, without
18 21chapter 26. jury
Section 1. All free colored male persons from the age of eighteen Free colored
. - . tut r hi * . a * . persons from 18
to tiity years in this state, shall be compelled to work on public roads, to 50 years of
under the same rules and regulations, and liable for failures in the »se, bound to
same manner as free white males, who are bound to work on public workon roBlta'
roads.
18 2 2.—Chapter 15.
Section 1. It shall be lawful for the different county courts of this To class roads
state to class the roads as directed by the first section of the act of at any term.
1821vch. 6, at any term of said courts and when such classification
shiil have been or miy hereafter be made at any other time than
the fi -st term of said court after the first day of January as specified
in said act, the same shall be as g >od and effectual as if done at the
term specified in said first section of said act.
Sec. 2. If any of the county courts of this state shall fail or refuse If the c,rt of
to class the roads of their county, or shall not deem it expedient to do any co. snail fail
so, then and in that case the roads of such county or counties shall be *jje
worked on and kept in the same repair, and in all respects attended the condition
to in the manner prescribed by the laws in use and force previously required i»y the
to the passage of the said act, of 1821. ch. 6. bef0(e in
18 2 3.—Chapter 13.
Ort not to
Section 1. It shall not be lawful for any of the courts of any coun- app't overseer
ty in this state, to appoint overseers of roads, who may notlive with- out of l,outlu8 of
636
ROADS.
in\he bounds'including the hands made subject by their order to work
on such road.
Atto. Gen. to Sec. 2. Whenever any suit brought by the overseer of any public
attend to any roacj g^u by appeal or certiorari be taken by the defendant to any
suit , hat may he . r\ . _ n * n . . *
brought by over, superior tribunal, it shall be the duty ot the solicitor lor that district
eeer and taken ex officio, to attend to the same for the overseer.
up by appeal or
certiorari, ex-
effiao. 18 23.—chapter 17.
cierk to ex. Section 1. The clerks of the county courts for the respective coun-
press in order to ties in this state, shall hereafter, in issuing orders to overseers of roads,
°f o^'tle d SS *n resPective counties, express in such orders the class of the roads
° To dfssue du- w^ich each overseer is required to keep in repair, and shall issue
plicate orders, duplicate, orders to each overseer within the time now prescribed by
sii'ffto deiiv- ]aWj an(j deliver to their respective sheriffs, whose duty it shall be
seer "and° make lo deliver one of said orders to their respective overseers, as the law
return on the now direets and make return on the other the day on which said or-
0t'cMc to file it ^cr was so delivered, an^ return said order so returned on to the
as evidence >hnt clerk from whom it issued, to be by him filed in his office as evidence
sh'ffhas done his that the sheriff has done his duty,
duty; J
1S24, Ch. 4. { 6, (Penalty for obstructing roads used by iron ma-
kers. See Iron Works.)
18 2 4.—Chapter 23.
Overseer may Section 1. It shall and may be lawful for any overseer of the pub-
prove service of lie roads within this state, to prove by their own oath, the service
notice on hands 0f such notice as the law requires him, or them to give, to compel
by hit own oath, bands to work on the public roads, in such manner as to recover such
fines as said hands, or any of them may be liable to for failing to work
said roads in obedience to the notice thus served by any of the over-
seers as aforesaid.
1825.—Chapter 17.
Roads not to Section 1. In all eases where a jury of review shall have, by or-
where8 damages ^er any court, marked and laid off any road through any person's
are allowed tin land, the owner whereof shall consider himself aggrieved thereby,
they are paid or and shall have obtained, agreeably to the laws now in force, a jury
provided for. tQ assess the damages he may sustain thereby, it shall not be
lawful for such road to be established as a public highway, until the
damages so assessed are paid to the person so injured, or so provi-
ded for, as to answer the payment thereof, (c)
1827, Ch. 50, j 2. (Appeal given in road cases. See Appeals and
Writs of Error.)
(e) This act only applies to cases, where the county courts have made the orders to have roads reviewed,
preparatory to their establishment, and where damages are assessed before they are established, it does not
apply to a case where the road is actually established. Mart. <!j- Yerg. 119.
110APS.
(537
182 7.—chapter 66.
Section 1. It shall be the duty of persons owning slaves to work persona own.
on roads in the same way that other persons are compelled by law to ine s,a™8 ^not
,i J 1 l j excused from
Work on roads. ^ work'g on roads
Sec. 2. The county court shall furnish the owners of roads when themselves,
necessary with powder and boring instruments to enable them to .c®- c'rt 10 fur"
■r , • ° ■ , ,, , ,, nish overseers
put their respective roads in proper repair, and the overseers shall With powder &
give bond and security to apply the materials so furnished to no other boring instru ■
purpose except the improvement of roads. nieov. to give
bond to apply
182 9 .—Chapter 70.
SectionI. Appeals taken from the order, decree or judgment of any Appeals shall
county or circuit court to any superior court, in any controversy relat- only operate as
ing to roads and ferries shall only operate as a writ of error on such judg- wnts of error-
ment, order or decree, and shall not operate as supersedeas. But such But cirt f o or
county or circuit court, whenever any appeals may be taken from the der road to he
judgment thereof, may at the term at which such appeal is taken, or- opened or ferry
der, appoint and direct their overseers to proceed to open any road or no^appeaf "had
ferry in the same manner as by law they could or legally might do, had been taken,
no such appeal been taken: Provided, in all cases, the county shall be Provided that
liable to pay to the party aggrieved or injured by opening any such intu^cas^pay
road or ferry, all damages he, she or they may have sustained, in the damages in case
event such order, decree or judgment of the county or circuit court of
is reversed by any superior court; and provided also, such court shall may "suspend the
have power, and it shall be their duty on good cause shown to sus- opening of such
pend the opening of any road until the final determination of such
appeal and until any assessment of damage under the laws of this decision' <^c.na
state, ascertained or paid as required by the laws now in force.
1835, Ch. 6, $ 2. (Three justices on the bench may appoint over-
seers. See County Court.)
1835.—Chapter 24.
Section 1. Any overseer of any public road in the state of Tenner- « to set up false
see, or other person who shall setup or cause lobe set up, any false sign, ^-c. on road
sign or label misrepresenting the character of said road, either as'to indlctab,e> %c-
excellence or distance, or shall make false representations about said
road, calculated to induce strangers to travel said road, for every such
offence shall forfeit and pay the sum of fifty dollars, one half to the
use of the county in which said road lies, and the other half to any
person who will sue for the same, to "be recovered by action of debt
before any tribunal having jurisdiction thereof; and shall moreover
be liable to be indicted for such offence, and on conviction, shall be
fined in any sum not exceeding twenty-five dollars: Provided, that
an erroneous sign or representation as to distance, shall not subject
any overseer to the penalties of this act unless the same shall be
done or made knowing the same to be false.
Sec. 2. Any overseer who shall knowingly permit any such false ce®a tyt ®f °taekra
label or sign board to remain up ten days without pulling down the Buch fai*e
sign.
635
SABBATH.
same, shall forfeit and pay the sum of twenty-five dollars for every ten
days, to be recovered in the same way as the penalty prescribed in
the first section of this act.
18 3 5 .—Chapter 29.
To petition Section 11. If any person should desire to erect a gate across any
co. court for lib- highway running through his or her plantation they shall first make
a«osa road.51116 application by petition to the county court of the county for liberty
to erect such gate, and if the same should be granted by the court, it
shall he lawful for such person to erect such gate upon his own land,
without incurring the penalty of a violation of this act; (See Bridges
and County Courts.) Bat said gates shall not be kept fastened so as
to prevent the free passage of travelers and others.
SABBATH.
1741.—Chapter 14.
Whereas, in well regulated governments, effectual care is always
taken that the day set apart for public worship be observed and
kept holt:
ah persons to Section 2. All and every person or persons whatsoever, shall on
keep sabbath. ^ lordis j)AYj common]y called Sunday, carefully apply them-
selves to the duties of religion and piety; and no tradesman, artificer,
Not to pursue laborer or other person whatsoever, shall upon the land or water, do
ing!w'r'dI^ cal'~ or exercise any labor, business or work of their ordinary callings,
. (works of necessity and charity only exceptec) nor employ them-
Norengagein , , ,• .c u* e r .
sports or hunt- selves either m hunting, fishing or fowling, nor use any game, sport
lag. or play, on the Lord's day aforesaid, or any part thereof, upon pain
that every person so offending, being of the age of fourteen years,
Fine $1.25. an(j upwards, shall forfeit and pay the sum of one dollar and twenty-
jive cents.
Justices'pow- Sec. 6. All and every justice and justices of the peace, within his
er to bring of. or their respective counties, shall have full power and authority to
act^be7ore\hem! Convene before him or them, any person or persons who shall offend
in any of the particulars before mentioned in his or their hearing, or
on other legal conviction of any such offence, and to impose the said
fine or penalty for the same.
Not to be pro. Sec. 7. All informations against the aforesaid offences shall be
ceeded vs after mac]e within ten days after such offence or offences committed
and not after.
Disposition of Sr.c. 8. All fines accruing and becoming due by virtue of ihis act,
fines and how shall be levied as soon as may be after conviction one half to the
accounted for. jnformerj the other half to the use of the county where such offence
shall be committed and the justices of the several counties of this
state are hereby directed to account for, upon oath, and pay such
SALARIES"
639
fine or fines as shall or may by them or any of them be received by
virtue of this act, to the trustee of their respective counties, at least
once a year, when the same shall be demanded by the trustee, under
the penalty of paying the sum of fifty dollars for every refusal to be
levied and applied as aforesaid.
18 0 3.—Chapter 47.
Section 1. If any merchant, artificer, tradesman, farmer or any Flne of $3
other person, shall be guilty of doing or exercising any of the com- common"™™*
mon avocations of life, or of causing or permitting the same to be done tions.
by his, her or their children or servants (acts of real necessity and
charity excepted), on the Lord's day, commonly called Sabbath, such
person or persons, on due conviction thereof, before any of the justi-
ces of the peace, within the county where such offence shall be com-
mitted, sht 11 forfeit and pay the sum of three dollars, one half to the
person who shall sue for the same, the other half for the use of the
county wherein such recovery may be had.
Sec. 2. If any person shall be guilty of hunting, fishing or playing Sa["e fine for
at any game of sport, or of drunkenness, on the Lord's day as afore- j^d?unk'n'ne«a
said, such person shall be subject to the same proceedings, and liable &c.'
to the same penalties as are directed by this act, against persons
working on the Sabbath.
SALARIES.
constitution. article vi. section 7.
1817 .--Chapter 65.
Section 4. Attorneys general for their compensation, shall have Qf Attorneys
each the sum of one hundred and twenty-five dollars yearly, to be General,
paid by the treasurer of this state.
18 3 5.—Chapter 3.
Section 20. The judges of the supreme court shall each receive gupreme jU(jgea.
the sum of eighteen hundred dollars per annum, to be paid quarterly
by the treasurer of the state, out of any moneys in the treasury not
otherwise appropriated.
18 3 5.—Chapter 7.
Section 1. The chancellors for the state shall each receive a sa- ChanceuorB.
lary of fifteen hundred dollars per annum, to be paid quarterly by the
treasurer of the state, out of any money in the treasury not other-
wise appropriated.
640
salaries.
Circuit Judges. Stc* 2. Each of the judges of the circuit courts in this state, shall
receive a salary of fifteen hundred dollars per annum, to be paid quar-
terly by the treasurer of the state, out of any money in the treasury
not otherwise appropriated.
18 3 5.—Chapter 12.
Comptroller. Section 21. The comptroller shall receive for his annual salary,
the sum of twelve hundred and fifty dollars, to be paid to him quar-
terly by the treasurer, and shall moreover be allowed in the settle-
ment of his accounts for his necessary expenditures for such bonks as
by this act he is required to furnish, and paying postage upon letters
and other communications in relation to the discharge of his duties.
Sec. 25. The comptroller, as a compensation for his attendance at
Jackson andKnoxville, shall receive two hundred and fifty dollars, in
addition to his salary herein prescribed to be paid out of the public
treasury.
1835, Ch. 23, } 2. (Of the superintendent of public instruction,
$1500. See Common Schools.)
18 3 5 .—Chapter 27.
Section 14. The salary of the treasurer of this state shall be fif-
Treasurer, teen hundred dollars per annum, payable in quarterly payments, by
warrants drawn in his favor for that purpose by the comptroller,
which salary shall commence upon his entering upon the duties of his
office; and he shall moreover be allowed in the settlement of his ac-
counts, for his necessary expenditures for such books an4 stationary,
as by this act he is required to furnish.
1835, Ch. 51. (Of attorney general of the state, $1000. See At-
tomey General for the State.)
183 5 .-Chapter 63.
Keepers, clerks, Section 5. In addition to the salaries allowed the agent and keeper
and turnkeys of the deputy keeper, the clerk and the assistant keepers or turnkeys,
the penitentiary, the sect jon Gf the act 0f 1829, ch. 38, they shall each receive
the following sums, to wit: the agent and keeper two hundred dol-
lars, making his whole salary per year, twelve hundred dollars;
the deputy keeper and clerk, each one hundred and twenty dollars,
making their whole annual salary each, six hundred and twenty dol-
lars; and the assistant keepers or turnkeys, each one hundred and
twenty dollars, making their whole annual salary each, three hun-
dred and twenty dollars.
18 35.—Chapter 72.
Section 2. The Governor of the State shall be allowed an annual
Secretary of sa^ary two thousand dollars, and the secretary of state shall bo al-
state. lowed an annual salary of eight hundred dollars, both payable quar-
terly out of any money in the treasury not otherwise appropriated.
SALT PETRE WORKS SALT WORKS.
641
SALT PETRE WORKS.
17 97.—Chapter 46.
Section 1. If any person or persons shall carry on the manufac-
hiring of salt petre, without first having their works lawfully enclosed, wIthSft "encio-
such person so offending, shall, upon conviction before any jurisdic- sure*,
tion having cognizance thereof, forfeit and pay one hundred dollars,
one half to the use of the county wherein such offence was commit-
ted, and the other half to the person or persons suing for the same. if none own-
Sec. 2. If the owners of salt petre works, should fail to comply er Ha' ie to dam-
with the requisites of this act, and the cattle and horses belonging to age for stock of
any other person or persons should thereby be injured, each owner otherB"
or owners as aforesaid, shall be further liable to an action on the case
for damages, at the suit of the person or persons sustaining such in-
jury.
SALT WORKS.
18 2 2.—Chapter 32.
Section 1. Every person holding salt works by lease, or other- gait WOrk«
wise, in this state, shall proceed forthwith to enclose their salt works to be inclosed,
with a good and sufficient fence.
Sec. 2. If any person shall fail or refuse to comply with the regu- Penalty for fail
lations of this act, then and in that case such person or persons shall t0 inc,ose-
be liable to pay the owner of such stock all damages that may accrue
to the owners for failing to keep such wells^or salt works properly in-
closed, to be recovered before any tribunal having cognizance
thereof.
182 3.—Chapter 3.
Section 1. If any person or persons shall carry on the manufac-
turing of salt, without first having their works lawfully inclosed, such penaity ®50
person or persons for every such offence, shall forfeit and pay the for not incios-
sum of fifty dollars, to be-recovered by warrant before any justice of tng,
the peace of the county wherein such offence may be committed,
by action of debt, in the name of the county and person suing for the
same, one half to the use of the county, and the other half to the use
of the person suing for the same.
82
642
SCHOOL HOUSES—SCHOOL LANDS.
SCHOOL HOUSES.
18 2 3.—Chapter 24.
trustepb of Section 1. In all cases where any school-houses for the instruc-
ma) • ecu re gr'nt tion of children have been heretofore erected, on vacant and unnp-
for land. propriated land, the trustees or subscribers to such schools may have
the same privileges and advantages allowed them for securing the
same quantity of acres as are allowed by the provisions of the act of
1823, ch. 71, for the use of meeting-houses, and to be under the same
rules, regulations and restrictions that are provided in said act. See
Public Worship.
SCHOOL LANDS.
18 0 6.—chapter 1.
An act for the division of the state into convenient districts, the op-
pointment of principal surveyors, and ascertaining the bona fide claims
against the state, agreeable to an Act of Congress passed in 18(16.
640 acres of Sec. 6. After ascertaining the claims as aforesaid, the principal
land in one or surveyor shall cause to be laid off and surveyed with plain marked
more tracts, to lines, six hundred and forty acres of land, in one or more tracts,
eachla,d section1 whieh shall be fit for cultivation and improvement, and w hich shall
for the use of be as near the centre of each section as existing claims and the qua-
schools. lity of the land will admit, which shall be appropriated for the u-e of
schools for the instruction of children, forever, agreeably to the pro-
When there is visions of the before recited Act of Congress, which also shall be
not a sufficiency placed in their proper places in the general plan. And in any sec-
of land in one tjon where jt may appear that there is not land sufficient fit for culli-
eecTion, for the n . J a* . i i in • /» i ^ %
p'rp'«eofsch'ois vation for the use aforesaid, the surveyor shall certify the (ruth of the
to be certified to case to the next General Assembly, in order that the legislature may
next assembly, make provision for every such section, which may be in the whole or
in part deficient.
180 6.—Chapter 2.
An act to appoint a Register of the land office,and providing fir the
sale of the lands south of Holston and French Broad.
^in'one or ®EC* ^ter ascertaining the claims aforesaid, the surveyor '-hall
more "racts, to cause to be laid off and survey ed, with plain maiked lines, six hunihcd
school lands.
643
and forty acres of land, in one or more tracts, so that the same may be laid oft in
be fit for cultivation, which said tract or tracts shall be described in
the general plan, and shall be ap >rop"iated (igreeably to the provi- g^oois.
sions of the bef»re recited act of Congress) for the use of schools, for
the instruction of children forever; and in any township, where it when there is
may appear that all the lands fit for cultivation, are claimed by rights not a suffi ieucy
of occupancy and pre-emption, the surveyor general shall certify the f"lr "he
same to the next General Assembly, in order that the legislature may p'rp..seVscii'i3.
appropriate the proceeds of the sales of six hundred and forty acres, to becertiied to
for the use as aforesaid, in each township, or so many thereof as may £ecxt Awembiy«
be deficient.
180 7.—Chapter 2.
To amend the actoflSOQ, ch. 1.
Section 41. It shall not be lawful for any person or persons to
enter, survey or obtain a grant for any tract or part of a tract of land Not iawfui t0
heretofore surveyed or marked for the use of schools, by either of the obtain grants for
surveyors appointed in pursuance of the act which this act is intended !g^®1'^'rked for
to amend, and if any entry shall have been made or shall hereafter
be made, the same shall be null and void, and it shall not be lawful
for either of the legisters to issue a grant for the same, and if such
grant should be issued, the same shall be null and void; and it
shall be lawful for such persons when such entries have been made,
to remove said warrant or certificate, and enter the same on any
other vacant land in this state, intended by this act to be granted.
1813.—chapter 116.
An act to -providefor the better disposal of School Lands.
(This act authorizes the Trustees of Academies to lease the school
lands.) ^
181 7.—Chapter 125.
An act to provide for leasing school lands.
(The first eight sections provide for the appointment by the county
courts of commissioners to lease the school lands.)
Sec. $. It shall be the duty of either of the registers of the land Rftajgt rg to
office of this state, to make out and issue grants on all the plats and issue grants,
certificates which shall he returned to either of them, under the pro-
vision? of this act, for lands which were, or may be surveyed and set
apart for the use of schools in this state, agreeable to the provisions
of an act passed in the year 1808, which grants shall be in the form
STATE OF TENNESSEE,
TO all TO WHOM THESE PaESENTS shall COME,
GREETING.
KNOW YE, That in, pursuance of the provisions of an act of the rorm for
Congress of the United States, entitled, "An act to authorize tue «hooiiand.
644
school. lafcds.
State of Tennessee to issue grants and perfect titles to certain landN
therein described, and to settle the claims to the vacant and unappro
priated lands within the same." There is granted by the Slate of
Tennessee, for the use of schools for the instruction of children, a
tract of land in the county of containing acres (describing
the boundaries.)
In witness whereof, A B, Governor of the State of Tennessee,
hath hereunto set his hand, and caused the great seal of the said
state to be affixed, at this day of
A B.
E T, Secretary.
Which grant shall be sealed with the great seal of the state, shall
be recorded by the register in the same manner, and under the same
rules and regulations with other grants issued by this state, and
such grant shall be as effectual to vest the title to said lands, for the
use of schools forever, against any grant issued by the state of Ten-
nessee.
Sec. 10. It shall be the duty of the said commissioners in the re-
To be surveyed. gpective counties, to cause all of the tracts laid off for the use of
schools in their respective counties, to be surveyed by the lawful
surveyor or his deputy, where the same has not already been done,
under the provisions of an act passed in the year 1813, and a plat
and certificate of such surveys, shall, by such surveyor, be returned
to the register of the land office,* and the said commissioners are
hereby directed to file with the register of that district in which said
county shall be, a certificate of survey as have been made under the
provisions of the act of the General Assembly of this state, passed in
the year 1813; and it shall be the duty of the register of the land
offices respectively, to make out grants on such surveys in the man-
ner pointed out in this act.
18 1 9.—Chapter 50.
An Act to dispose of the lands lying between the rivers Hiwassee and
Tennessee, and north of Little Tennessee river.
Section 1. It shall be the duty of the surveyor to lay off and dis-
ehoo lands, noj; on]y on his general plan, but likewise on his maps of
townships, the sixteenth section of every township for the use of
schools, to be appropriated as hereafter directed, should said
sixteenth section be unfit for cultivation, or be on reserved
land, then he shall lay off the next nearest section, not similarly situ-
ated, and distinguished accordingly.
1819.—chapter. 60.
An Act making provision for surveying the school lands within the
State of Tennessee, and for the issuance of grants thereon.
Section 1. It shall be the duty of each principal surveyor of the
rHjtyof®frfain ^rst>secon(^ third, fourth, fifth and six districts within this state, to
districts. make out a fair and correct plat and certificate of survey of each and
every tract of land laid down upon the general plan of their respec
tive districts, and which may have been reserved by law, for the use
SCHOOL LANDS.
645
of schools for the instruction of children, which said certificate and
plat, shall be recorded in the office of said surveyor, and the original
transmitted to the register of the land office of East or West Tennes-
see, as the case may be.
Sec. 2. It shall be the duty of the registers aforesaid, upon the DutyofRe
return of the plats and certificates aforesaid, to make out and issue tew. 6
grants upon the same in form, and agreeable to the provisions of the
ninth section of an act passed at Knoxville, the 24th of Nov. 1817,
entitled "an act to provide for leasing school lands, and for other pur-
poses," which said grants shall be filed in the office of the secretary
of state.
Sec. 3. The surveyors, registers and secretary may make out and survpyor, reg-
state Iheir accounts respectively, and demand and receive of either of ister and secre-
the treasurers of this state, the same fees as are by law allowed in tary t0 be paid*
similar cases, and the said account, so stated, shall be a sufficient
voucher in the hands of the treasurer in the settlement of his ac-
counts.
1819.—Chapter 75.
Section 3. All rents and profits arising from the school lands, Re its to go to
shall be appropriated to the use of schools, and for no other purpose
whatever.
1 8 2 0.—Chapter 23.
An Act to amend an act passed at Knoxville, the 2Ath day of Novem-
her, 1S17, entitled liAn Actio provide for leasing school lands, and
for other purposes.
Section 1. The chairman to the board of commissioners of com- chairman to
mon schools, is hereby authorized and empowered, to commence prosecute per-
and prosecute in his name as chairman of said board, actions sons in posses-
of ejectment against all persons who may be in possession of any BCl °°l
school tract of land, and shall also have power to bring and prosecute
suits against all and every person who may commit trespasses on
any of the said lands, and shall have power by, and with the consent
of said commissioners, to do all other acts and things necessary to be
done, to carry the provisions of this or any former act into full force
and effect; and the original surveys made therefor shall be considered
as vesting the legal title in the same manner as though grants had
issued thereon.
18 2 5.—Chapter 85.
An Act to provide for the sale of the lands which have been reserved
for the use of common schools, and to apportion the same equally
among the counties.
(This act so far as it directs the school lands to be divided and sold,
declared unconstitutional by the Supreme Court.
Sec. 5. All laws and parts of laws authorizing any person or per-
sons, commissioners, or in any manner granting powers to lease said
646
SCHOOL LANDS.
common school lands in this state, or any of the counties thereof, and
for collecting rents that may become due after the first of January
next, are hereby repealed.
18 2 6.—Chapter 35.
An Act to suspend the sple of the school lands and collect the rents.
Section 2. It shall be the duty of the treasurers to appoint in
Treasurers to each county in which school tracts have been surveyed or designa-
app'int asents to tecj gome perSon whose duty it shall he to attend to said school lands in
collect rents and , . * . . - ., , , „ , „
prevent waste. 11155 respective county, to lease said lands or any of them for a term
not longer than one year, to prevent waste of timber, destruction to
improvements, to collect any rents that may have fallen due for the
year 1826, and also, for any subsequent year, and pay the same over
to the treasurer, to wit: for school tracts in any of the counties of
East Tennessee, to the treasurer of East Tennessee, those in
West, to the treasurer of West Tennessee; it shall also be the
duty of said treasurers, to direct suits to be brought in their own
names for the benefit of the school fund against any person who
may trespass on any of said lands, should it be advisable so
to do; the said treasurers shall, and are, authorized to allow their
agents in the counties aforesaid, for the purpose of preventing waste
and collecting rents, such reasonable compensation as he or the} may
think right for their services; and any expense to be paid out of the
rents hereafter accruing, said treasurer requiring an annual account
Persons hold- to be rendered by said agents to him of the receipts, expenses, &c.
ingto possession, Sec. 3. Any person now in possession, or who may hereafter take
claim to pajften possession of any tract of land claimed for, or designated as a
dollars per acre school tract, who does not hold such possession under written con-
rent per annum, tract from the former school commissioners, or from said treasure! s
or one of them or their agent, or who having been tenant to the
school commissioners, and shall hold over his or their lease, and not
under lease from the treasurer or his county agent, shall be liable to
pay as rent for every year he shall so hold the possession after the
passage hereof, on the first of January next, the sum of ten dollars
per acre rent, for every acre cleared on such school tract, and not
held under lease as aforesaid, and so in proportion for any length of
time held over.
Fund kept ee- gEC< 4# Ttie profits or rents of the lands aforesaid, shall be kept
take^ "from"1 ancl ^el(1 by the treasurer, separately from other funds or deposited,
agents. and to be disposed of as hereinafter directed by law, the treasurers
may and shall require, and take bond, with security, from any agent
appointed as aforesaid, conditioned that he will faithfully discharge
his duty as such.
18 27.—Chapter 77.
An Act to provide for improvements made upon school lands.
Allowances Section 1. All persons having authority to rent lands laid off fir
made the use of common schools, may make allowances to ihe tenants
provement on thereof for necessary improvements already made, or which may
school lands, hereafter be made thereon, to be deducted out of the rent due from
SCIRE FACIAS.
647
such tenant, or which may hereafter fall due, provided such allow-
ance to or exceed two years rent for improvements made on any tract
of school lands.
Sec. 2. If any person shall pretend to be the agent of any school
commissioners who is not, and shall in such pretended character re-
ceive rents from persons residing on school lands, or any compensa-
tion by way of rent, it shall be considered a misdemeanor, and such
persons if convicted by indictment or presentment, shall be fined by
the court where tried at its discretion.
SCIRE FACIAS.
1801.—Chapter 12.
Section 2. In writs of scire facias, it shall not be necessary to insert Need not be
that the same shall be made known before good and lawful men, and made known be-
the reading and making known the contents of such writ to the person ^"uted' by'the
on whom to be executed, by the proper officer shall be deemed a suf- officer.6
ficient execution thereof.
1 8 31.—Chapter 111.
Section 2. The several justices of the peace in this state shall
have power to issue a scire facias in all cases before them when it
may be necessary, in the same manner and subject to the same rules
as such writs issued from a court of record.
Sec. 3. Upon the death, removal or resignation of a justice of the
peace and upon the return of his papers as required by law, scire fa-
cias may issue by the justice having possession of them when requir-
ed upon such papers returned as aforesaid.
18 3 3.—Chapter 18.
Section 1. It shall not be lawful for any of the clerks of any court Not to be is-
of record in this state, to issue any scire facias upon any record of unless »p-
said court, upon the application of any person other than the party fy ^/^ttorneyi
of record or his attorney unless such application be in writing, or by writing,
signed by such applicant, which writing it shall be the duty of said
clerk to file and preserve as other papers which are required by law
to be preserved in his office.
Sec. 2. In any case where scire facias shall issue upon the appli- Person on wh'se
cation of any person other than the party of record or his attorney application is-
according to the provisions of the first section of this act, it shall be jued Jt0„b®u*nj
ii i-i i i- - i i i i i <» •, doraed on back
the duty ot the clerk issuing the same, to endorse on the back of said & liable forc'sts,
scire facias the name of the person who has thus applied for the same
Misdemeanor
for persons to
pretend to be
agent of school
commissioner.
May be issued
by a justice.
By whom is-
sued, if justice
die or resign.
€48
skals.
and it shall be the duty of the court before whom any suit by scire fa
cias may be determined in case the same be dismissed or othei w ise
decided against the plaintiff therein, to give judgment for costs a-
gainst the applicant so endorsed by the clerk as the applicant tor
the same.
cierk liable Sec. 3. If any clerk in this state shall fail to comply with the pro-
■hou^no/com6 v*s*ons act> judgment shall be rendered against him for costs
piyw'h this act! of said scirefacias suit, ifi case judgment be against the plaintiff there-
in.
Penalty for Sec. 4. If any clerk shall falsely and fraudulently endorse the name
ofnamed°rSem t any Person upon writ of scire facias by him issued under the pro-
visions of this act as the applicant for said writ, he shall be guilty of
a misdemeanor in office and be punished accordingly and moreover
liable to an action of such person for damages.
seals.
constitution, article iii. section 15, 16.
179 6 —chapter 3.
Of the state Section 5. The Governor shall cause a seal of this state to be
to be provided provided; and all copies of records and papers in the Secretary's of-
by the governor. fice> authenticated under the said seal, shall be evidence equally as
goodevidence!68 the original record or paper.
18 01.—chapter 6.
scroll equal to Section 61. Any instrument to which the person making the same
■eai. shall affix a scroll by way of seal, shall be adjudged and holden to be
of the same force and obligation as if it were actually sealed, (a)
1809, Ch. 14, $ 3; (Requiring certificate of probate or acknowledg-
ment to be under seal; repealed by 1819, ch. 10.)
(a) If a warrant commanding the arrest of an individual, in the name of the state, have no seal, it is void
3 Yerg. 392.
2. An instrument which in its body does r.ot purport to be sealed, but which has a scroll affixed to the
name of the signor, is a sealed instrument within the meaning of this act. 4 Yerg. 528.
SECRETARY OF STATE,
649
SECRETARY OF STATE.
CONSTITUTION, ARTICLE III. SECTION 17.
1796.—Chapter 2.
Section 1. The secretary of state, before he enters on the per- *tto enter Into
formance of the duties of his office, shall enter into bond with two or bon<|5,1 penalty
more sufficient securities, in the penal sum of twenty thousand dol- of $20-000*
lars, payable to the governor for the time being, and his successors in
office, for the use of the state, conditioned for his faithful performance,
agreeably to the constitution, of the duties enjoined on him by law,
and shall also take the following oaths:
I, A B, do solemnly swear, that I will support the Constitution of the Oath.
United States of America.—So help me God.
I, A B, do solemnly swear, that I will support the Constitution of the oath,
state of Tennessee.—So help me God.
I, A B, do solemnly swear, that I will faithfully execute the office of oath.
secretary of the state of Tennessee, agreeably to the constitution there-
of and that I will faithfully perform the duties enjoined on me by law,
according to the best of my knowledge and abilities.—So help me God.
1796.—Chapter 3.
Section 1. It shall be the duty of the secretary of state to keep Duties,
a fair register of all the official acts and proceedings of the governor
and shall when required, lay the same, and all papers, minutes, and
vouchers relative thereto, before the General Assembly at every ses-
sion.
Sec. 2. Whenever a bill shall be passed by the General Assembly su®j^e80°a^t®
and having been signed by the speaker of each house, shall become pa^ed by The
a law, it shall forthwith thereafter be received by the said secretary, Legislature,
and he shall as soon as conveniently may be, after he shall receive
the same, make out and deliver an attested copy thereof to the prin-
ter that publication be made, and he shall collate the printed copy
with the originals and he shall carefully preserve and keep the origi-
nals and sh ill cause the same to be recorded in books for that purpose.
Sec. 3. It shall be the duty of the said secretary, to receive into To keep bonds
his keeping all bonds for performance given by public officers to the °fPublic officers
govern >r for the time being for the use of the state, which shall by nor?1 ° §ov"r"
law be directed to be lodged in his office, and to lay the same before
the General Assembly when required, to record the same in books
for that purpose and to give attested copies thereof agreeable to law.
Sec. 4. The said secretary shall make out and affix the seal of the co^iggj88gland
state to all commissions issued by the governor, except those commis- keTpTrecordof
sions to which the governor shall affix the said seal, and shall enter in the same,
books for that purpose, the names, ranks and dates of said commis- Not t0 d0 80
sions, but he shall not affix it to any commission before the same without warr'nt
shall have been signed by the governor, nor to any other instrument of the governor,
or act without the special warrant of the governor.
Sec. 5. (Governor to"provide a seal of state. See Seals.)
83
650
secretary of state.
To give copies Sec. 6. Any citizen shall be entitled, if he requires the same, to
of records to any have an attested copy of any act, record or paper in the office of the
citizens, for ftes. secretaryj on paying the fees in this act directed, except such papers
Exception as re'ate immediately to the executive department and which in
the judgment of the governor shall require secrecy.
Sec. 7. (Fee for affixing seal of state, &c. $1. See Fees of Sec-
retary of State.)
tionary8 to "be" Sec. 9. Books and other stationary shall be provided for the office
provided at the of the said secretary at the expense and charges of the state.
state"86 °f 1,6 ®EC* secretary shall keep his office at the seat of govern-
Where to keep ment.
bis office.
1811, Ch. 85, 5 3. (Governor to draw on treasurer for stationary
. and postage for secretary's office. See Governor.)
181 5.—Chapter "79.
Bond ofsecre- Section 1. The bond given by the secretary of this state for his faith-
tary to he de. fuj performance in office, shall be deposited in the clerk's office of the
posited in circuit . r . fn * * c c 1
co'.t of Davidson circuit court ol Davidson county tor sate keeping.
county.
.18 2 3.—Chapter 18.
To issue sum- Section 1. It shall be the duty of the secretary to issue a sum-
fleers as'fail °io 010118 under his hand and the seal of the state, to each public officer
enter into bond therein, who is required by law to enter into bond, payable to the
as required by governor, for the performance of his official duty and who may have
,aw' failed or neglected, or who may hereafter fail or neglect, to forward
the same so'required by law, commanding each officer to deposit his
bond in the office of the secretary of state.
Sh'ff to serve Sec. 2. It shall be the duly of the sheriffs of each county in this
such summons, state, to make known to each public officer in his county against
whom such summons may issue, such summons, whose return there-
on shall be evidence of such service.
Penalty on Sec. 3. If any such bond shall not be deposited in the secretary's
such officers as office within two months after the service of such summons, for every
bond" ei ter ",t0 such delinquency the officer guilty thereof, shall forfeit and pay, to
the person complaining thereof, the sum of five hundred dollars, to
be recovered by action or suit at law; and if any bond for the not de-
positing ot which as aforesaid a recovery may be effected as afore-
said shall not be deposited in said office by the lime of effecting the
first recovery, the party complaining may cause another summons of
the same kind to be issued, and shall be entitled to another recovery
of the same kind, and there shall be successive summonses and re-
coveries until the production of said bond in said office is effected.*
1835, Ch. 64, $ 8. (Duty to file and adjudicate certain certificates.
See Registers of Land Office.)
1835, Ch. 72, § 2. (Salary $800 per annum. See Salaries.)
♦Note. For the duties and powers of the Secretary of State on the subject of land claims, See Appendix
title "Zand,"
SECURITY.
651
SECURITY.
1787, Ch. 19. j 1. (To be given to clerk before original process
shall issue. See Process.)
18 01.—Chapter 15.
Section 1. In all cases where judgment shall be entered up before security in any
any judicature within this state, against any person or persons as se- note or ohiiga.
curity or securities, their heirs, executors or administrators, upon j j,°dn," ^hasten
any note, bill, bond or obligation, and the amount of such judgment, eutere.1 iwiias
or any part thereof, hath been paid or discharged by such security or (l^®e
securities, his, her, or their heirs, executors or administrators, it sh ill va^pducl!
and may be lawful for such security or securities his, her, or their ex- pal by motion in
ecutors or administrators to obtain judgment by motion against such ^\*amott,e°ubrt
principal obligor or obligors his, her, or their heirs, executors or ad- p^odnHngacopy
ministrators for the full amount of what shall have been paid by the of record,
security or securities his, her, or their heirs, executors or administra-
tors, in any court, or before any judicature where judgment may
have been entered up against such security or securities his, her, or
their heirs, executors or administrators, or within any other court or
judicature in this State, upon the production of a copy of the record
or judgment legally authenticated.
Sec. 2. Where principal obligor or obligors shall become insolvent, t Where judg.
and there shall be two or more Socurities jointly bound with said ob- ^r"\atyl,bel|nay
ligor or obligors in any bill, bond, note or other obligation for the pay- have judgment
ment of money or other thing, and judgment shall be obtained against "l^'e'-urit"'
one or more of such securities, it shall and may be lawful for the fortheir propor7-
court, or judicatui'e before whom such judgment shall be obtained, up- tionsofthedebt.
on motion of the party or parties against whom judgment hath been
entered up as security as aforesaid, to grant judgment and award
execution against all and every of the obligors and their legal repre-
sentatives for their and each of their respective shares and proportions
of the said debt.
Sec. 3. No security or securities his, her, or their executors or
administrators shall be suffered to confess judgment, or suffer judg- ment to eo by
ment to go by default so aSj to distress his, her or their principal or default if nrinci.
principals, if such principal or principals will enter him, her or them- and imJemiUfy14
selves a defendant or defendants to the suit, and tender to the securi-
ties his, her or their executors or administrators other good and suf-
ficient collateral security to be approved of by the court or judicature
before whom the suit shall be depending.
1801.—chapter 18.
May notify
Section 1. When any person or persons shall become bound as holder to bring
security or securities by bond, bill, covenant or note, for the payment I^^jf not
of rainey or specific articles, and shall apprehend that his or their doPne'in30days,
principal debtor or debtors is or are likely to become insolvent or mi- sec'rity discharg
65 2
SECURITY.
grate trom the State without previously discharging such bond, cove
nant, bill or note, so that it will be impossible or extremelv di iieult
for such security or securities after being compelled to paj the a-
m > uit which may be due by such bonds, coven mts, bills or n >les to
recover the same back from such principal debtor or debtors, it shall
and may be lawful for such security or securities in every such case,
jprovided, such bond, covenant, bill or note shall have been due and
payable, to require by notice in writing of his or their creditor or
creditors forthwith to put the bond, covenant, bill or note by w hich
he or they may be bound as security or securities as aforesaid, in
suit and unless the creditor or creditors so required to put such bond,
covenant, bill or note in suit shall within thirty days thereafter, com-
mence an action on such bond, bill, covenant or note and proceed
with due diligence in the ordinary course of law to recover a judg-
ment for and by execution to make the amount due by such bond,
covenant, bill or note, the creditor or creditors so failing to comply
with the requisitions of such security or securities, shall thereby for-
feit the right which he or they would otherwise have to demand and
receive of such security or securities the amount due by such bond,
covenant bill or note.
Personal rep- Sec. 2. Any security or securities, or in case of his or their death
resen'tives niay then his or their executors or administrators may in like manner, and
course116 Same ^0i same cause make such requisition of the creditor or creditors
of sucu security or securities orof the executors or administrators of
such creditor or creditors as it is herein before enacted, may be
made by a security or securities of his or their creditor or creditors
and in case of the failure of the creditor or creditors or their execu-
tors or administrators, so to proceed, such requisition as aforesaid
being duly made, the security or securities his or their executor or
administrator making the same shall have the same relief that as
herein before provided for a security or securities where his or their
creditor or creditors or the executors or administrators of such cred-
itor or creditors shall be guilty of a similar failure.
Sec. 3. It shall be lawful for the assignor or assignors of such bonds,
gtoTthe^ike'iu^ covenants, bills, and notes as aforesaid his, her, or their executors or
tice. administrators, whenever he or they may apprehend that the origi-
nal drawer or drawers of such instruments of writing as aforesaid, are
likely to become insolvent or migrate and leave the state, to require
by notice in writing as aforesaid, the assignee or assignees, hi^, her
or their executors or administrators, forthwith to put such bond, cov-
enant, bill, or note as aforesaid, in suit against the drawer or drawers,
provided the same shall he due and payable; and unless the assignee or
assignees, his, her, or their executors or administrators, so requiied to
put such bond, covenant, bill or note, in suit, shall, within thirty days
after such notice as aforesaid, commence an action thereon, and pro-
ceed as securities are directed in the first section of this act, against
their principal, the assignee or assignees of such instruments of writ-
ing as aforesaid, shall thereby forfeit the right which he or they would
otherwise have to demand and receive of such assignor or assignors
This act may the amount, which may be due by such bond, covenant, bill or note,
be pleaded but Sec. 4. Where actions are brought against securities, or assignees
notice6 t°f sue as af°resa.id, contrary to the true intent and meaning of this act, he
must be proved she or they may give this act in evidence, Provided, he or they
by two witness- prove in open court by two witnesses, a copy of the notice aforesaid
security.
65S
to have Jaeen served on the person or persons bringing such ac-
tions. 110 extend
Sec. 5. Nothing in this act contained shall be construed as to af- trends "iven
feet bonds which m ly be entered into by guardians, executors, ad- m court,
ministrators or public officers.
Sec. 6. The rights and remedies of any creditor or creditors against Right of cred.
any principal debtor or debtors shall be in no wise affected by this pairSdebtorsPnot
act. to he affected by
this act.
April, 1809, Ch. 6. (Securities for a criminal may surrender him
to Sheriff. See Bail.)
Sept. 1809.—Chapter. 69.
Section 1. In all cases where judgment may be rendered against May move for
any person or persons or the heirs or representatives of any person i^u^renduton
or persons who was security in any note, bill, bond, or obligation, it of judgment vs.
shall and may be lawful for such security or securities his, her, or him-
their representatives, to obtain judgment by motion against his, her
or their principal obligor or obligors or their representatives for the
full amount of such judgment and costs before any jurisdiction having
cognizance thereof and execution shall issue accordingly.
Sec. 2. When any motion shall be made agreeab-ly to the provis-
ions of this act, and it does not appear on the face of the note, bill, nm^appear °ou
bond or obligation, whether the person in whose favour such motion the face of the
was made, was security or not, the court shall immediately impannel si^nasce'rtainTt
a jury to ascertain the fact and on the finding that the person or per-
sons were only security, such court shall enter up judgment agreea-
bly to the first section of this act.
Sec. 3. In all cases where there are two or more securities in any Where judg-
note, bill, bond or obligation, for the payment of money or for the JTneVeVirity^e
delivery of specific articles and judgment has been rendered only may have ma.
against a part of the securities, or the heirs or representatives of a tion n-'nil»st co-
, f.,. r ... , 1 , , security for his
part of the securities or the money paid by one or more, or each has rar.abie part.
not paid his ratable part of said judgment, it shall and may be law-
ful for each security or securities his, or their heirs, or representatives
on motion to have judgment and award execution against all and eve-
?y of the securities, their heirs or representatives, in said bond, for
their and each of their respective shares and proportions of the said
debt, and if it does not appear by said bond, whether they were se-
curities or not, a jury shall beimpanneled agreeably to the provis-
ions of the second secti n of this act, to ascertain the fact and the
court shall proceed accordingly.
1811, Ch. 47, § 1. (Security of clerks how released. See Clerks
County Court.)
18 15.—Chapter 14.
Section 1. Where any person or persons, who may become secu- Of sheriff or
rity for any sheriff or collector of public money in any county in this hovv
state, and shall be in danger of sustaining damage by reason of the
neglect or misconduct of such sheriff or collector, said security or se-
curities may prefer a petition to the county court of such county, stat-
ing the case, and the danger he, she, or they, may apprehend, and
security.
praying to be discharged from further liability on his, her, or their
bond or undertaking, for said sheriff or collector, and if it shall appear
Five days *° sa^ court» that live days previous notice shall have been given to
notice. the sheriff or collector, of the time of preferring such petition, and
that said security or securities are in danger of sustaining damages
Must be in by the neglect or misconduct of such sheriff or collector, they shall,
danger. and are hereby directed to require said sheriff or collector to give
other sufficient security in the place of the person or persons apply-
ing to be discharged immediately; and if such sheriff or collector
shall refuse, or fail to give such security, he shall, by the judgment
On failure, to of the said court, be deprived ofthe power, and suspended from acting
give other secu- any longer as sheriff or collector, and in either case the petitioner or
moved! be 16 petitioners shall be discharged from all -further liability from such
sheriff or collector; and in case of a sheriff, the said court shall ap-
point a successor.
Sec. 2. If any sheriff or collector shall be suspended from acting
any longer as sheriff or collector by the court, as pointed out in the
the security may ^rst secti°n of this act, then and in that case, it shall and may be law-
collect taxes. ful for the securities of said sheriff or collector, for the collection and
payment of taxes, to receive and collect all taxes not already paid to
said sheriff or collector, which said sheriff or collector was bound by
law to collect, and for the collection aud payment of which they were
Same powera securities; and they are hereby authorized and declared to have all
of Bheriir. the powers, authorities, privileges and emoluments in, and for the
receipt and collection of, said taxes, which the sheriff or collector be-
fore his suspension had possessed or enjoyed.*
18 2 2.—Chapter 42.
Section 1. Where any person may become bound for the prose-
How released cuti°n °f any suit either in law or at equity, and shall conceive him-
fr'm prosecution self in danger of being injured thereby, it shall and may be lawful for
of suit. the person so bound, first giving to the plaintiff, if in the state, and if
not to his attorney, ten days previous notice of such his intention, to
10 day's notice, obtain a rule upon the party or parties, for whom he became bound,
to give counter-security to indemnify him against all damage or in-
jury which may arise from his being security; and if the party or
parties thus notified, and upon whom said rule has been allowed,
shall fail or refuse within the time prescribed by the court, to give
good and sufficient counter-security, it shall be the duty of the court
granting said rule, to dismiss said suit and enter up judgment against
the principal and security, for all costs which have been incurred:
Provided, If such party against whom such rule is obtained, will make
The party may oath, that he, she or they, are poor and unable to give security to pro-
pauperize. secute such suit, and will moreover make oath, that he, she or they,
are advised, and believe that he or they have good cause of action,
then and in that case, such suit shall nevertheless be prosecuted
without the party giving other security, and the original security
shall not be bound for the costs accruing after such notice, which
oath shall be disproved in the manner as pointed out in the fifth sec-
tion of the twenty-second chapter, of the act of 1821.
1823, Ch. (Of collecting officers, not to be proceeded against
after three years from collection of money. See Limitation.)
SECURITr.
655
18 2 4.—Chapter 9.
Section 1. Any person or persons, that now are, or may become
a security or securities for any entry-taker or surveyor, in any 0fentry taker
county in this state, north and east of the Congressional reservation or s'rveyor, how
line, whenever he or they shall, from the conduct of such entry-taker released,
or surveyor, be induced to think themselves in danger of sustaining a
loss, by reason of the failure of such entry-taker or surveyor, to give
twenty days notice to such entry-taker or surveyor, that he or they
will apply to the next court of the county, either county or circuit, in 20 days notice,
the county where such entry-taker or surveyor resides, to require
such entry-taker or surveyor to give other security; and if such
entry taker or surveyor shall fail or refuse so to do, it shall be consi-
dered as a surrender of his office, and the court shall decree the same,
and the clerk of the said court shall enter the said decree on the re-
cords of the court; but if the said entry-taker or surveyor notified a3
aforesaid, shall appear and give other security, to be adjudged suffi-
cient by the said court, then the former security shall be discharged
from all responsibility for any failure of said entry-taker or surveyor,
for, or by reason of, any act or acts, to be done by him after the date
of his or their discharge: Provided, that nothing herein contained,
shall be so construed as to discharge the- said security or securities
from any responsibility for any act or acts of such entry-taker or sur-
veyor, before the release or discharge of the said security or securi-
ties.
18 2 4.—chapter 11.
Section 1. Any person or persons who have or shall become secu-
rity or securities for any person or persons, for the benefit of the pri-
son rules or bounds of any county in this state, on any mesne or final
process, it shall and may be lawful for such security or securities, at bouncte'how^
any time, to surrender his, her, or their principal or principals, to the charged,
sheriff of the said county, whose duty it shall be to receive such princi-
pal or 1 rincipals into his custody, and giVe to such security or securities
as receipt for the body of the said principal or principals, which said
receipt so as aforesaid given, shall operate as a legal discharge of said prjncipal t0 i,e
security or securities, from all liability on account of said securityship. surr'ndered to
and upon such surrender, the sheriff or other officer shall commit the sheriff,
defendant to jail until bond and sufficient security for the prison rules
shall be again given.
1825, Ch. 62. (How securities of executors may be released, See
Administrators and Executors.)
18 2 5.—Chapter 82.
Section 1. When any person or persons may be security for any
debtor or debtors, and said debtor or debtors, and securities, may be
sued and judgment rendered agiinst them, if any person or persons
shall stay the same for the length of time given for the stay of execu- stayor liable
tion upon such judgment, such person or persons so replevying, shall jiefore security,
be liable in default of the principal debtor, to pay the debt and costs m certain cases*
of said judgment; and the first security shall be exonerated therefrom,
656
SECURITY.
unless the principal debtor and security in the replevy, shall both
become insolvent, or unless such first security should have specially
joined with such debtor or debtors in procuring such replevj.
1826, Ch. 14. (Clerks not to be security in suits at their courts.
See Clerks.)
1826, Ch. 29. ^In all suits by motion, security to be given for costs.
See Costs.)
18 2 7.—chapter 18.
Section 5. Where any action of ejectment may be brought, ani
the plaintiff may have given security, for the prosecution of his
Ser.urity for suit, it may be lawful for such security to release himself or them-
piairciff in eject- se|ves fI0m any further liability by virtue of his or their said under-
meat, how re- . . . . / . * i • • »
leased, taking, by giving the plamtm thirty days notice to give other seeu-
rity, and in case said plaintiff so notified shall fail to give such coun-
ter security within the three first days of the term after the service
of such notice, it shall be the duty of the court to dismiss the said
action, and render up judgment against the plaintiff and his securi-
ties, for the costs which have accrued: Provided, That the sail
plaintiff may have his cause reinstated, if he shall, during the first
term after it shall have been so dismissed, offer sufficient security
30 days' noticei for such costs as may thereafter accrue in the prosecution of said
cause.
1827, Ch. 72. (Securities liable for debt, damages, and costs, in
certain appeals. See Appeals and Writs of Error.)
182 9.—chapter 15.
of re ister Section 1. It shall and may be lawful for any person or persons
ranger, consia- that may become security or securities for any register, ranger, con-
bie or trustee, stable, or trustee of any county in this state, whenev er he or they shall,
may be released. from ^ concluctofsaid register, ranger, constable or trustee, be in-
duced to think him or themselves in danger of sustaining a loss, by rea-
son of the failure or misconduct of said register, ranger, constable or
trustee, to give ten days' notice to said register, ranger, constable or
10 days' notice, trustee, that he, or they, or any one of them, will apply to the next
in cty. ct. county court in the county where the office is held, to require said
Proceedin a reg^stG1't ranger, constable or trustee, to give other security, and if
he shall fail or refuse to do so, it shall be considered as a surrender
of his office, and the said court shall proceed to appoint another in his
stead; and if the said register, ranger, constable or trustee, shall give
other security, to be adjudged sufficient by the court, then the firmer
security shall be discharged from all responsibility for any fail ire of
said register, ranger, constable or trustee, for, or by reason of
any act or acts to be done by him after the date of his or their diss-
charge: Provided, That nothing herein contained shall be so con-
strued as to discharge said security or securities from any respond-
bility for any act or acts of said register, ranger, constable or trus-
tee, before the release of said security or securities.
Sec. 2. In all cases where any person or persons may become
11 w^^^sed'*' k°un^ as the security or securities of any guardian in this sta'e, and
iow r ease . sjja^ conceive him or themselves in danger of becoming liable, by
reason of the failure or misconduct of such guardian, it shall be law
SECURITY.
657
ful for such security or securities to give said guardian ten days notice,
that he or they will apply to the next county court of the county in
which the office is held, to require said guardian to give other suffi-
cient counter security, and it shall be the duly of the court to compel
said guardian to give other sufficient counter security, to be approv-
ed of by said court, or to deliver up the estate of the minor or min-
ors, as the case may be, in his hands, to such other guardian or guar-
dians as the court may appoint.
Sec. 3. It shall be the duty of the court before which any register,
ranger, constable, trustee or guardian, shall be notified to appear as
provided in this act, to enter up judgment against such register, ran-
ger, constable, trustee or guardian, if he shall be removed or ruled to
counter security, for the costs that may accrue upon such proceed-
ings, but if the register, ranger, constable, trustee or guardian, shall
not by said court be removed or ruled to counter security, it shall be
the duty of the court to enter up judgment for the costs against the
security or securities, giving notice as aforesaid. -
1829, Ch. 16, § 3. (In cases taken up by certiorari, original plain-
tiff to give security on motion. See Certiorari and Supersedeas.)
18 2 9.—Chapter 32.
Section 1. It shall be lawful for any person or persons that may
become a security or securities for any deputy surveyor in this
state, whenever he or they, from the conduct of such deputy surveyor,
be induced to think themselves in danger of sustaining a loss by rea-
son of the failure or misconduct of said deputy surveyor, to give
twenty days notice to the said deputy surveyor, requiring him to give
other security; and if such deputy shall fail to give other good and
sufficient security, to be approved by the principal surveyor of the
county or district where he may be the deputy, it shall be considered
of his office, and the security or securities discharged from further
liability.
1 82 9.—Chapter 33.
Section 2. In all civil causes which shall be brought into any of In auits< plff>
the circuit courts of this state, by original writ, appeal or certiorari, may he ruled to
it. shall be the duty of such court, at any time pending such suit, upon justify- his secu-
sufficient cause shewn by affidavit of the party, his agent or attorney, ny*
against whom such original writ, appeal or certiorari, may have been
obtained, to rule the party having obtained such original writ, appeal
or certiorari, to justify his security, or to give other good and suffi-
cient security for the prosecution of his said suit, by original writ, ap-
peal, or certiorari.
Sec. 3. In all cases which shall be brought into any of the circuit tgame case in
or district chancery courts in this state, by original bill, or bill of in- Chancery,
junction, it shall be the duty of such court, upon sufficient cause
shown by affidavit of the party, his agent or attorney, against whom
said bill may have been filed, to rule the party having filed said bill,
to justify his securities, or to give other good and sufficient security
for the prosecution of his said bill with effect,
84
10 days notice
of motion in
County Court.
To give coun-
ter security, or
deliv'r up estate.
Costs, how paid.
Of deputy sur-
veyor, how dis-
charged.
|Notice 20 days.
658
SERVANTS.
18 3 1.—Chapter 95.
Section 1. All persons who may become the security of any per-
fheUeace° keeP son 01 PerSons» before any justice of the peace or any court in this
may^iirrender state, to keep the peace, such person or persons so becoming
principal to she- security, may surrender his or their principal to the sheriff of the
court °r °Ut °f county in which the said principal was bound, at any time duiing the
recess of the court of said county, or to said court at any time it may
be in session, and such surrender shall be a full discharge of the said
security or securities from any liability upon their bond after the
said surrender j but their liability before the surrender shall remain
unimpaired.
Sheriff to take Sec. 2. Upon the surrender of any principal by his security or
8urrender"ty°n securities to the sheriff as above provided, it shall be the duty of the
said sheriff to take other sufficient security, if the same is tendered
for the faithtul preservation of the peace, according to the tenor of the
first bond of said principal; and if the said surrender shall be made to
the court, it shall be the duty of the said court to require of the per-
son or persons so surrendered, other sufficient security according to
the terms and tenor of his first bond.
SERVANTS.
17 41 Chapter 24.
No person bro't Section 1. No person whatsover, who shall be imported or brought
into the state into this State, shall be deemed a servant for any term of j ears un-
deemed servant, leSg the person importing him or her shall produce an indenture or
"»nproVuced!tUre some specialty or agreement signifying that the person so imported
did contract to serve such importer or his assigns any number of j ears
in consideration of his or her passage or some other consideration
therein expressed, and upon any contest arising between the master
of any vassal or any other person importing any servant or servants
hear°dnteat8 next without indenture upon any bargain or specialty as aforesaid, the
county coun in same shall be determined at the next county court to be held for the
a summary way county where the said servant or servants shall be imported, the
justices of which court are hereby empowered to hear and determine
the same in a summary way; and such determination or judgment
shall be conclusive and binding on the importer or servant or servants,
either for the discharge of the said servant or servants, or to oblige
him, her, or them to serve the importer or his assigns as the matter
shall appear.
Sec. 2. If any servant whether he or she be a servant by importa-
tin^m^ster'Twr fi°n 01' otherwise, shall at any time or times, absent him or herself
vice to make up from the services of his or her master or mistress without license
lost time. ha<l, he or she shall satisfy and make good such loss of time by
SERVANTS.
659
serving after their time of service by indenture or otherwise is ex-
pired, double the time of sen ice lost or neglected by such absence,
and also such longer time as the county court shall think fit to ad-
judge in consideration of an) further charge or damage the master or
mistress of such servant may have sustained by reason of his or her
absence as aforesaid.
Sec. 3. If any servant shall lay violent hands on his or her master Servant to suf.
or mistress, or overseer, or shall obstinately refuse to obey the law- [ghment'forPdifl-
ful c iramands of any of them, upon proof thereof by one or more obedience &c.
evidences before any justice of the peace, he or she shall for every
such offence, suffer such corporal punishment as the said justices
shall think fit toadj idge not exceeding twenty one lashes.
Sec. 4. All masters and owners of any servant or servants shall Master to pro-
find and provide for their servant or servants wholesome and compe- ^g^n^o/hfng
tent diet, clothing and lodging at the discretion of the county court, and^not °treat
and shall not anytime give immoderate corrections, neither shall at servant wita era
any time whip a servant naked without an order from a justice ofeIty'
the peace, and if any person shall presume to whip a servant naked,
without such order, the person so offending shall forfeit and pay the
sum of five dollars to the party injured to be recovered with costs,
upon petition to the county court, (without the formal process of an
action) as in and by this act is provided for servants7 complaints to be
heard and determined; Provided, complaint be made within six months
after such whipping.
Sec. 5. All servants by indenture or otherwise as aforesaid, shall Complaints by
have their complaints received, by a justice of the peace, who it he ^rTby justices
find cause, shall bind the master, mistress or overseer over to answer who may bind
the complaint at the next county court and it shall be then determin- over master etc.
ed, and all complaint of any servant or servants shall and may, either
immediately or as aforesaid, by virtue hereof be received at any
time upon petition or information in the court of the county wherein
they reside without the formal process of an action, and also full power County court
to and authority is hereby given to the said court at their discretion contro*
(having first summoned the master mistress or overseer to justify ve,8ies"
themselves if they think fit) to adjudge, order and appoint, what shall
be necessary as to diet, lodging, clothing or correction, and if any
master, mistress or overseer shall not thereupon comply with the or-
der of the said court, the said court is hereby authorized and empow-
ered upon a second just complaint to order such servant or servants
to be immediately sold at public vendue, by the sheriff and after the order 'servant to
charges are deducted the remainder of what the said servant or ser- be sold,
vants shall be sold for to be paid to the owner.
Sec. 6. Privided, if such servant or servants shall be sick or lame, .J*
' . 11111 i slc't or disabled,
or otherwise rendered so incapable that he she or they cannot be court may order
sold for such value at least as shall satisfy the fees and other incident to tbe commfe*-
charges accrued, the said court shall then order such servant or ser- lonerofthe P°°r
vants into the care of the commissioners of the poor and the master,
mistress or owner shall provide the said servant or servants with such
convenient necessaries as they shall direct and judge sufficient for
his, her or their support until the time due by law from such servant
or servants to their master, mistress or owner, shall be expired, or
until such servant or servants shall be so recovered to be sold for de-
fraying the said fees and charges.
Sec. 7. The said court from lime to time shall order the charges
660
SERVANTS.
Charges of the of keeping such servant or servants to be levied upon the goods end
serv't to he paid chattels of the master or owner of such servant or servants in case
by master. they should neglect or refuse to provide for the same.
complaints of Sec. 8. All servants whether by indenture or otherwise as well
servants heard feme cavertsfas others, shall in the like manner (as is provided upon
complaints of misusage) have their petitions received in the said
process. county courts, for their wages, freedom and freedom dues (in this act
hereafter expressed) without the formal process of an action and pro-
ceedings and judgment shall in like manner be had thereupon.
Sec. 9. No master or mistress of any servant or servants who
off servam on'ac ^aPPen to be sick or diseased during the time of their servitude
count of sickness and unable to perform their daily labor, shall upon any pretext what-
to pav $12 50 ever, remit to such servant or servants any part of his, her or their
theservaiu.fil0f time, to be cleared of them, whereby the said servant or servants may
perish, or become a charge to the county and whosoever shall here-
after offend herein or shall not use or endeavor all lawful means for
recovery of such of their servant or servants as shall happen to be
sick or diseased during the time of his, her, or their servitude, shall
forfeit for each and every servant so turned off or neglected, twelve
dollars and fifty cents to be levied by an order from the county court
before whom the fact shall be proved by the oath of one or more wit-
ness or witnesses and to be paid into the hands of the County Trus-
a . , tees and disposed of towards the support and maintenance of such
Such servant r r . , n . „
to be taken into servant or servants so turned oft and neglected tor the recovery of
tise care of the his, her or their health and strength, and such servant or servants
loners commiss" shall be, by the county court, or any two justices, during the time of
their infirmity ordered into the hands and care of the commissioner of
the poor, but in case such sick or diseased servant or servants res-
if $12 50 be Pectively shall not live to the expending the said whole sum of twelve
insufficient to re dollars and fifty cents, then the remainder to be disposed to the use
store the health 0f the county, or in case the said sum of twelve dollars and fifty cents
suffic^ncyTo'be should not be sufficient to support each servant during his servitude,
levied of the or until his recovery in such case the county court is hereby author-
master. jzed and empowered to order a sufficiency to be levied from time to
time as the same shall become due, upon the goods and chattels of the
master or owner of such servant or servants if they shall neglect or
refuse to provide the same agreeable to the orders of the said court,
and such servant or servants so neglected or turned off shall upon their
recovery be set free from their master or mistress or owner.
I /servant be. SEC. 10. If any servant or servants in this State shall through his,
his^wnm'iscom her> or their own willful misbehavior, happen to have any disease or
duct, to serve broken bones, bruises or other impediments whereby they may be
additional time disabled to perform their labor as they ought to do and become charge-
the "loss of the to master or owner, such servant or servants shall serve
master. his, her or their master or owner after the time of his, her, or their
service by indenture or otherwise is expired, such time as shall, by
the county court be adjudged sufficient to satisfy the charges expend-
ed .on him, her, or them for his, her, or their recovery, and shall also
serve over so much time as he, she, or they, by any such means,
were disabled to serve,
if servantmake Sec. 11. If any servant or servants shall unjustly vex and trouble
groundless coin- herj G1. their master or owner with groundless complaints against
serve' additional them to the county court, or to any justice or justices of the peace,
time. such servant or servants shall by the county court, be ordered to serve
SERVANTS.
661
his, her, or their master, or owner so injured by such unjust and
groundless vexation after the expiration of the time he, she, or they
have then to serve, the doable term and space of that time he, she,
or they neglected and lost in prosecution of such complaints.
Sec. 12. Every servant who shall be in jail for his, her, or their if servant be
own offence shall serve his, her, or their master or owner double the
time he, she, or they shall there remain after the expiration of the serve mast'r dou
time he, she, or they have to serve by indenture or otherwise, and oie the time of
further serve his, her, or their master or owner such time as shall be his confinement-
ordered by the county court as a satisfaction for the fees and other
charges his, her, or their master or owner hath expended for such
servant or servants.
Sec. 13. In all cases of penal laws whereby persons free are pun- in cases where
ishable by fine, servants shall be punished by whipping at H;he discre- a*®
tion of any court or justice or justices before wThom such fine or fines fine,serv'ntspun
are recoverable, not exceeding thirty-nine lashes unless the servant ishaWe by whip,
so culpable can and will procure some person or persons to pay the pi"s'
fine.
Sec. 14. No free man or trader whatsoever shall buy, sell, trade, No free man
barter or borrow any commodities whatsoever, with, to, or from any VgP^ or
apprentice oi* servant whether so by indenture or otherwise or wTith siaVes, without
any slave in this State without the consent of the master, mistress or ow- consent of the
ner of such apprentice,servant or slave upon pain of forfeiting trible the owner-
value of the commodity or commodities so traded for, bartered or sold, Penalty,
and shall also pay the sum of fifteen dollars to the use of the said mas-
ter, mistress or owner to be recovered in the court of the county where
the offence shall be committed by action of debt, bill, plaint or infor-
mation.
Sec. 15. If the master, mistress or owner of such apprentice, serv- Master to have
ant or slave, shall not within six months after he, or she shall have six months to
information or knowledge of such offence, prosecute Jhe offender or jjj^eect"te offen"
offenders for the same, then it shall and may be lawful for any
other person so to do, and to have and to receive every advantage
and benefit arising from such prosecution.
Sec. 16. Every servant by indenture or otherwise, who shall em- Servant em.
bezzle, purloin, willfully waste, or shall trade, sell or barter or other- propertytoTe'rve
wTise make away any his or her master, mistress or owner's corn, cat- additional time
tie, sheep, hogs, stock or other goods or provisions or commedities att,ie discretion
whatsoever, shall upon conviction of every such offence by one or ofcourt-
more testimonies upon oath or confession of the party before any
county court within this government be adjudged, by the said court,
to serve his or hex master or mistress such time as the said court shall
think reasonable, for the said offence, after the said time by indent-
ure or otherwise as aforesaid is expired.
Sec. 17. If any woman servant shall hereafter be wTith child and Woman serv-
bring forth the same during the time of her servitude, she shall for ant Pre&-
such offence be adjudged by the county court to serve her master or ©ne ^year add£
mistress one year after her time of service by indenture or otherwise t'onai time,
is expired.
Sec. 18. If any woman servant shall be delivered of a child begot- antV°efnan' ee™a"
ten by her master, such servant shall immediately after delivery be nant bylfer mas-
sold by the constable of the district where the offence shall be com- ter to be sold for
mitted, for one year after the time of service by indenture or other- oneyear«
wise is expired, and the money arising by such sale shall be to the
662
SET-OFF.
b^e^mulat* use cown^» an(* ^anY white servant woman shall during the
toe^cftobe "sold time of her servitude be delivered of a child, begotten by any negro,
for two years, mulatto or Indian such servant over and above the time she is by
this act to serve her master or owner for such offence shall be sold by
the constable of the district for two years after the time by indenture
Children bound 01" otherwise is expired and the money arising thereby, applied to the
out. use of the said county and such mulatto, child or children of such ser-
vant to be bound by the county court until he, or she arrive at the
Tradesmen not age of thirty one years.
understanding gEa go. All and every person or persons already imported or who
their employ'ent . /j. r * fj
to be brought be. shall hereafter be imported into this government as a tradesman or
fore court, and workmanj on wages, and shall be found not to understand such trade
dealt with. or employment the master or owner of such servant may bring him or
her to any county court, which court upon complaint made to them of
such deceit are hereby empowered and directed to inquire into [the
same, and upon finding any such fraud may judge and direct such sat-
isfaction to be made to the master or owner of such servant or servants
either by defalcation of the wages or part thereof as to them shall
If tradesmen geem just.
duwTcoun may Sec. 21. If any person who is or shall be imported or brought into
order reparation this State, as a tradesman or other workman on wages shall refuse or
to master: neglect to perform his duty or shall absent himself from his master or
owner's service without leave in every such case it shall and may be
lawful for the justices of the county court wherein such master or
owner resides, upon complaint, and proof to them made, to order such
satisfaction and reparation to the master or owner of such servant for
the damages sustained by him for such refusal or neglect as to them
shall seem just, and for every day such servant shall absent himself
from his master or owner's service as aforesaid to order and direct
such servant to serve his, or her said master or owner two days for
every day's absence after his time by indenture or otherwise is ex-
Allowance [to pired and that without any wages to be paid for such service,
servants. gEC< 22. There shall be allowed to every servant whether by in-
denture or otherwise,not having yearly wages at the expiration of his
or her service seven dollars and fifty cents besides one sufficient suit
of wearing clothes for such servant or servants.
SET-OFF.
17 5 6.—Chapter 4.
a
. ~~ * Section 7. In all cases where there are or shall be mutual debts
teBe"off t0 sui)S^st^nS between the plaintiff and the defendant, or if either party
sue or be sued as executor or administrator, where there are mutual
debts subsisting between the testator or intestate and either party,
To be pleaded, one debt may be set against the other, either by being pleaded in
an notice given. or gjven jn evidence on the general issue, on notice given of
the particular sum intended to be set off, and on what account the
SHERIFF.
66S
same is due, notwithstanding such debts shall be or may be deemed
in law to be of a different nature, but if either debt arose by reason
of a penalty, the sum intended to be set off shall be pleaded in bar,
setting forth what is justly due on either side.(a)
1815.—Chapter 53.
Section 1. It shall be lawful for any justice of the peace when if defendants
suit may be brought before him, and the defendant shall plead a set- demand the lar-
off, and on a fair examination of their accounts it should appear that cest,judgm'ntto
there is a balance due in favor o, the defendant, to enter up judgment be glven for h,m*
against said plaintiff for the sum that may appear to be due to said
defendant.(6)
181 9.—Chapter 25.
Section 2. Defendants may be permitted to prove their accounts, Defendants may
when offered as a set-off, in the same manner and under the same counts.1 TrT the
rules and regulations as plaintiffs are now by law permitted to prove same way plain-
their accounts. tiffs are allowed
to do.
SHERIFF.
constitution, article vh, sec. 1,2.
Nov., 17 7 7.—Chapter 8.
Section 2. Every person accepting the office of sheriff shall, be- shall take gene-
fore his executing the same, in his county court, take the oath ap- ral oath*
(aj In an action brought to recover damages for the breach of a contract in not building a kitchen, the de-
feudant cannot give evidence of, or plead a set-off. Cooke, 39.
2. A joint demand Cauuot beset off agaiust a, separate one, because it is not a mutual debt. Peck, 186.
2 Yerg. 25d. *
3. One judgment can he set off against another upon motion. 1 YTerg. 501.
4. A set off will he allowed wherever debt or indebitatus assumpsit will lie. 2 Yerg. 111.
5. When t te pleaof set off is found for the defendant, the judgment is, that the amount so found be set off
against the amount found for the plaintiff; and that the plaintiff be barred from having his execution for the
amount so set off. Same.
6. A judgment recovered by a woman when sole against A, may on motion bp set off so far as the princi-
pal money and interest is concerned, against a judgment recovered by A, against her husband and herself
personally (or a derestaoit committed by her as administratrix. 5 Yerg. 112.
7. In an action before a jusiice ot the peace, upon a note, the defendant is entitled to set off an open ac-
count, though it be or more than $50. 5 Yerg. 232.
8. If a defendant who is entitled to a set off fail to bring it forward before a justice of the piftcr, he may
still set it up in a ourt of record, on appeal. Same.
(61 Where the defendant [in a suit biought before a magistrate) proves a set off larger in amount than
the plnintiti's demand, he is entitled by this act to judgment for the excess over the plaintiff's demand. 1
Yerg. ^y?.
2. If an account proved as a set off be larger than the amount claimed, and the balance be wilhin the ju-
risdiction of a justice, the defendant is entitled to a judgment lor such balance, although the whole amount
maj have exceeded $50. 5 Yerg, 232,
664
SHERIFF#
pointed for the qualification of public officers, and also the follow-
ing oath, to wit.
Oath of office. ^ ^ so^emnly swear, that I will execute the office of sheriff
of county to the best of my knowledge and ability, agreealde
to law; and that I will not take, accept, or receive, directly or indirect-
ly, any fee, gift, bribe or gratuity, or reward whatsoever, for returning
any man to serve as a juror, or for making any false return on any
process to me directed. And I also swear, that I have not given any
fee,gift, gratuity or reward or other thing whatsoever, to any person
or personsfor his or their vote or interest to procure me to be nominated
to the said office; nor will I hereafter give to any person or persons
such fee, gift, gratuity or reward, for having procured or contributed
to procure me to be nominated thereto. So help me God." And
such sheriff shall also enter into bond before the justices of his coun-
withVor more ty C0U1't with two or more good and sufficient securities, in the pen-
securit's in pen- alty of twelve thousand five hundred dollars, pay able to the Governor
aityof $ 12,500. and his successors, with condition in form following, that is to say:
The condition of the above obligation is such that whereas the
Condition: above bounden is constituted and appointed sheriff of
county, by a commission from the Governor, under the seal
of the State, dated the day of last past; if, therefore,
the said shall well and truly execute, and due return make
of process and precepts to him directed, and pay and satisfy all fees
and sums of money by him received or levied by virtue of an) pro-
cess into the proper office, by which the same by the tenor thereof
ought to be paid or to the person or persons to whom the same shall
be due, his, her or their executors, administrators, attorneys or
agents and in all things well, truly and faithfully execute the said of-
fice of sheriff, during his continuance therein, then the above obliga-
tion to be void, otherwise to remain in full force and effect.
Which said bond every county court is hereby required and em-
^ke^bonTInd powered to demand and take and cause to be acknowledged before
have it recorded, them in open court and recorded; and upon a breach of the condition
of such bond, the party or parties injured, may maintain an action
breach"of^said t^ereon* (^ee act °f 1835, ch. 16.) No such bond shall become
bond*5may sue.' v0^ on first recovery, or if judgment shall be given for the de-
fendant, but may be put in suit, and prosecuted from time to time un-
recovery.011 " ^ the whole penalty shall be recovered.
Sec. 3. If any person who shall hereafter be appointed sheriff,
Penalty of $125 shall refuse to accept and execute the office of sheriff, he shall for-
accept fandSexe° ^ ant^ Pay the sum of one hundred and twenty-five dollars t > the use
cute office. of the public, to be recovered in the name of the Governor, bj ac-
Exception wh're ^on —Provided, any person who shall be nominat'd or ap-
they cannot give pointed to execute the office of sheriff of any county in this State,
security. shall be willing to execute the same, but cannot give see irily and
shall make oath in the county court that he has used his best enaeav-
ors, without fraud or collusion, to get such securities,then such per-
son sh&ll not incur the penalty aforesaid.
No member of Sec. 4. No member of the General Assembly shall be nominated
the General As- or commissioned, nor shall any practicing attorney be obliged to act
semhly or prac- e ' . . / J °
ticing attorney as sheriff of any county within this State.
suTned sheriff'8" ^EC* Every sheriff by himself or his lawful officers or deputies
B,°shan execute s^a^' ^rom to t"ne execute all writs and other process to him lc-
and return aii gaily issued and directed within his county, or upon any bay, river
SHHRIFF,
665
or creek adjoining thereto, and mike due return thereof under the process under a
penalty of forfeiting one hundred and twenty-five dollars for each neg-
leet, where such process shall be delivered to him twenty days be- he deivered to
fore the sitting of the court to which the same is returnable, to be ^ unless
paid to the party grieved by order of such court upon motion and gooV cause "can
projf of such delivery, unless such sheriff can show sufficient cause be shewn.
to the court, at the next succeeding court after such order; and for
every false return, the sheriff shall forfeit and pay one hundred and foernfaLye°re?unf
twenty five dollars, one moiety thereof to the party grieved and the
other moiety to him or them that will sue for the same, to be recov-
ered, with costs, by action of debt, and moreover, be further liable to
the action of the party grieved for damages. And no sheriff shall re-toFu^®raIia]?J®
turn upon any writ that tie defendant is not to be found in his coun- damages.
ty, un'ess such sheriff shall hive actually been at the house or place Not to r„tura
of abode of such defendant; and where any defendant shall be a »not found" un-
known inhabitant of any other county than that of the sheriff to J®*®^,®*®rtle°ft^e
whom such process shall be directed, the sheriff shall return the truth ant,s re^nce.
of the case, and thereupon an alias shall issue, directed to the sheriff Return the fact
where such defendant resides, and a variance of the addition of the
place of abode of the defendant shall not be deemed error or matter ant of another
of abatement.(a) county.
Sec. 6. It shall not be lawful for any sheriff, or other officer to ex- Process not to
ecute any writ or other process upon a Sunday, or upon any person gunday^or on a
attending his duty at a muster of the militia, or any election, or any person at'.ending
person summoned to attend as a witness or juror; and ali such ser- n»,ster* an e!«c*
vice of process is hereby declared illegal and void, unless the same ness'o/juron1"
be issued against any person or persons for treason, felony, riot, res- Such service
cous, breach of the peace, or upon an escape out of prison, or custody,
and such process shall and may be executed at any time or place. ny,&c '
Sec. 7. Every sheriff on levying any execution for any debt, Tomakeout
damiges or costs, shall make out, if required, a bill of his fees due and endorse and
on s ich action or suit, and set down under the said bill a true own'an^other
copy of the clerk's, and other endorsed fees, separately and distinct- costs, if requir'd
(a i It may be laid down as a general rule, that the return of a Sheriff ought to show that he has done that
which the face of the process commanded him to do, or state such tacts, as iu Jaw, will form an excuse for
not having done so. 2 'I'eun. 243.
2. Chattels must be actually seized by the sheriff and sworn to the bidders on the day of sale; not so as
to the sale of lands. The sheriff need uotenteru|ion them, nor make any actual seizure. 3 Hay. 10
3. The act of 1777, ch. 8. extends only to the service of writs, processand precepts; for their ;return, for
a false return and for not returning the morip>. The actofl803,ch 18, is limited to the execution of judg-
meats, sentences and orders It does not extend to the case of not paying the money into the office: that is
left un ler the regulation of the act of 1777, ch. 8, which requites ten days noticeof the motion, though it is
not required under tiieact of 18(13, precedent to tne judgment given under the act. Taking both these artB
lOgether, the true construction of them am mats toihis: that the sheriff ought, if applied to betore lie nas
returned the moneys, to pay them to the person entitled to receive them; but if not applied to, he should re-
turn liieui into the otiire, together with the writ of execution. 4 Hay. 191.
4. A deputy sheriff cannot deputise another to execute a writ. A deputation by the sheriff, must be filed
up by him with the name of the person who executes the writ. 2 Yerg. 337-
5. A sheriff or other sworn officer is always presumed to do his duty. 3 Yerg. 303.
6. A return on an execution—in these words, "came to hand the 8th November 1830—no money made
on this writ," is not such a return as the act of 1777, ch. 8, sec. 5 requires. (Jpon such a return, the plain-
tiff in the execution is entitled to have a judgment nisi, on motion against the sheriff, for the penalty given
bytheact. 3 Yerg.327. -
7. A sheriff's return stating that he had sold all the interest of A in a certain tract of land (describing it) Is
sufficient evidence of the sale, where the interest sold was an estate for years. 5 Yerg. 113.
8. In a suit by the sheriff against a purchaser at his sale, ft lie sheriff having paid themone> to the plaintiff
in t .e execution) the rethrn oi the sheriff i- evidence. 5 Yerg. 63.
9- l'he court may by rule compel the sheriff to make a better return, and s'ate distinctly, and without eva-
sion, why he has not made the money; and it he refuse,he may be committed to prison for a contempt. 5
Yerg. 416 Peck 196
85
666
SHERIFF.
ly, and give a receipt for the same, to the party against whom such
execution shall issue, and shall also endorse the amount ol his own
fees, he shall so take on such execution, to be entered by the clerk
on the execution docket, for which copy, the said sheriff may demand
Bis fee 12£ cents and receive twelve and one-half cents, of the person requesting the
same; and if any sheriff or other officer empowered to levy any exe-
■o^on" request 'to cuti°nJ shall fail so to do, such sheriff or other officer shall forfeit and
forfeit $125. pay one hundred and twenty-five dollars, to any person who will sue
for the same.
Not o take any Sec. 8. It shall not be lawful for any sheriff, or his officer or depu-
o ligation from ty to take any obligation of or from any person or pers< ns in his
a person in liis J , •, c .r - , r. , . a-
custody except custody for or concerning any matter or thing relating to his office;
to himself otti- otherwise payable than to himself as sheriff, and dischargeable upon
citl,y- the prisoner's appearance and rendering himself at the day and
place required in the writ, whereupon he was taken or arrested, and
his securities discharging themselves therefrom as special bail for such
prisoner, or such person or persons keeping wilhin the limils and rules
Ever other oi an^ Pr^son' an^ every other obligation taken by any sheiiffin oth-
ligation°tuken'by er manner or form, by color of his office, shall be null and void, except
him void. in any special case any other obligation, is or shall be by law partic-
ularly and expressly directed; and no sheriff shall demand, ex-
act, take or receive any greater fee or reward whatsoever, nor shall
To take no oth. have any allowance, reward or satisfaction from the public for any
er fees than th'se service by him done other than such sum as the county court shall
prescr'ed bylaw a|jow for exofficio services; and the allowances given and provided,
or which shall be from time to time given and provided by law.
Penalty against Sec. 10. If any sheriff or other officer hath made, or shall make,
theriiis, Ji-c fail any return upon any writ of fieri facias or vendiHoni exponas, that
eya by thpi"'""- he hath levied the debt, damages and costs, or fees, as in such writ
ceived by vi-tue required, or any part thereof, and hath not or shall not pay the same
of any prerept to jnt0 the proper office, or to the party to whom the same is payable,
sufferingescap's. or his attorney, at the return of such writ, or hath or shall return
_ upon any writ of capias ad satisfaciendum, or attachment, for not
performing any decree in chancery for the payment of any sum of
money or other matter, that he hath taken the body or bodies of any
defendant or defendants, and hath the same ready to satisfy the mo-
ney or other matter in such writ mentioned, and shall have actually
received the money or other matter from the defendant or defend-
ants, or any part thereof, or suffered him, her or them to escape with
consent of such sheriff or officer, and hath not or shall not pay the
same into the proper office, or to the party to whom the same is pay-
able, or to his attorney, then and in either of the said cases, it
shall and may be lawful for the creditor, at whose suit a fieri facias,
venditioni exponas, capias ad satisfaciendum., or attachment, hath or
shall issue, upon motion made in the court from whence such writ is-
sued, or in the circuit court of the county wherein such sheriff shall
reside, to demand judgment against such sheriff or other officer, for
the money or other matter mentioned in such writ, and such court is
hereby authorized and required to give judgment accordingly for the
same, with costs, and to award execution against the goods and chat-
tels, I snds and tenements, of such sheriff, provided such sheriff have
ten days previous notice of such motion; and where it shall so hap-
pen that the time of any person's sheriffalty shall be expired, or he
shall be removed, from his office before such motion made by the cred-
SHERIFF*
667
tor or creditors, the same remedy, proceedings, and relief, shall and
may be had against him, as if such person was actually in office.
Sec. 12. Ut>on the sheriff's quilting his office, the delivery of
pris mors by indenture, between the old sheriff and the new, or the of(i t0 „ew slier-
entering upon record in coirtthe names of the several prtsone -s, iff.
and thi causes of the commitment, delivered over to the new sher-
iff, shall be sufficient to discharge the late sheriff from all suits and
actions for any escape that shall happen.
1793, Ch. 14, § 1. (Sheriff to give twenty days written notice
to defendant in possession of land levied on by execution, &c. See
Execution.) (b)
1801, Ch. 40. (Where to advertise land. See Land.)
1803, Ch. 18. (Mutions against. See Executions.)
1805, Ch. 31. (Penalty on sheriff and others for bidding at their
own sale. See Constables.)
18)7, Ch. 99, $ 1, 2. (N^ttosell property before 10 o'clock,
nor after sunset. See Constables.) (c)
1809, Ch."6. (To take bail where defendant has been surrendered
by security in bail bond. See Bail.)
18 09.—Chapter 49.
Section 14. The sheriff of the county courts shall be the sheriff the sheriff of
of the circuit courts within their respective counties, and the sheriff of
of the county in which the supreme court is held, shall also be the the circuit and
sheriff of the said supreme court. supreme courts.
1 809.—Chapter 84.
Section 1. When any sheriff may go out of office not having ex- when any she-
ecuted deeds for land sold by him while in office, it shall be the duty ol offioevfaiiout
of the successor or successors of such sheriff or sheriffs, to make having w»Ted
out an 1 execute such deed or deeds for lands sold by a former sheriff deed8 fof 'and8
or sheriffs which deed or deeds shall be as good and valid in law and suci^^'shail
equity as if the same had been executed by the sheriff or sheriffs make such deed,
which sold the same.
1811 .—Chapter 49.
Section 1. The different sheriffs throughout this State shall be
(b) A sheriff's deed reciting that *'he legally advertised and made known the time and place of sale" etc?
is prima, facie evidence that tiie defendant in possession had the notice required by this act. In such case
the defendant must prove that lie had no notice. 3 Yerg 303. 5 Yerg. 215.
2. This notice is as much required, when the sheriff sells under a vanditioni exponas, founded on a judg-
meut of the court, condemning the land &c, by virtue of a levy by a constable on a justice's judgment, as if
the judgment were in court. Same.
(c) A sheriff's sale made after sunset at the instance of the defendant in the execution, cannot be urged
by him as a ft aud detrimental to his rights. The act of Assembly was made for the benefit of delendants and
they may dispense with its provisions. 3 Hay. 10.
668,
VHKKI7F«
Ai'owed two allowed the term of two years from the time of going out of office, to
^""f^offire'to c^ose t^e"' unsettled"business, nnd shall have the same power to col-
ci^se' unsettled leet and enforce p.ij ment, as sheriffs have who are in eomnn^i' n, imd
■bu^ness. be subject to the same rules, rcgulati. ns and restrictions: Provhhd,
Con do no new nothing herein contained shall be so construed as to authorize the sci-
business. ving process or transacting any business except such as may remain
unsettled in their hands, at the time of going out of office.
18 11.—Chapter 88.
Not to be at. Section 1. It shall not be lawful for any court in this State to al-
*ow l^e"' sheriff for his ex officio services more than fifty dollars for
service. * "° each year he may serve as sheriff, and in that proportion for a longer
or shorter period.
1813, Ch. 103, j 1. (Penalty on sheriff and deputy, &c. for
purchasing at his own sale. See Constable.)
1817, Ch. 54, $ 1, 2. (To pay over surplus on sale of property
to the debtor, and to be liable for money collected without execution
See Constable.)
1821.—chapter 12.
Not to appoint Section 1. It shall not be lawful for any sheriff in this State to
more than two appoint more than two deputies; Provided, nothing herein shall be
ma " make sT so construed as to apply to or prohibit special deputations on uigent
ciafd^iuties!Pe occasions, and deputations for the purpose of holding clections.(d)
1823, Ch. 16. (To be moved against in three years for money
collected. See Limitations.)
1823, Ch. 40. (Collecting officers to receive money before ex-
piration of stay without commissions. See Constable.)
1824, Ch. 16, { 2. (Sheriff may be moved against for failing to
pay costs on second day of term. See Cleric of Circuit Court.)
1825, Ch. 40, 5 1. (Officer to have judgment by motion on in-
demnity bond. § 2. Not compelled to levy without bond to indemni-
fy. See Constable.)
182 7.—Chapter 23.
Manner ofmak. Section 1. It shall be the duty of the sheriff or returning officer
leu for Gov' eac^ county in this State immediately after each general election
emor. to make out three complete returns of the votes given in his county
for Governor of the State signed and bearing the official character in
which he makes such return and seal them up according to the pro-
(d) The sheriff and his deputy are jointly nnd separately liable, to the execution creditor- for moneyscnl.
lected by the deputy, and the recovery of a judgment against the deputy, is no bar to an action against ttin
principal before such judgment is satisfied. 6 Yerg. 505.
SHERIFF,
visions of the constitution, and it shall be the duty of such sheriff or
returning officer to put one of such returns into the post office of the
county for which he is returning officer, another of which he shall
furnish to the representative or senator of the county for which such
return is made, and when such returns shall be by him so made out
and delivered, he shall take the receipt of the post master for the re-
turn put into his office, and the receipt of the member of the legis-
lature for the return forwarded by him; both of which returns shall
be directed to the Speaker of the Senate of the State legislature;
and it shall further be the duty of such sheriff or returning officer,
to fife the third return required by this act to be made out, directed to
the Speaker as aforesaid in the office of the clerk of the county court.
Sec. 2. At the next session of the county court in this State after To be called on
such general election, it shall be the duty of the Attorney General b[ fo^'receTta
for such county to call upon the sheriff or returning officer for the requiredfoTfirst
receipts herein required, to be taken, and if he shall fail to produce section,
them in open court or make satisfactory proof of the delivery of such
returns agreeably to the provisions of the first section of this act, it
shall be the duty of the Attorney General ex officio to prefer an in- faiIn^f able on
dictment against the said sheriff or returning officer for a misdemeart1 a ire"
or in office, in not making such returns, and if he shall not upon trial
produce such receipts, or make the proof herein prescribed he shall
be deemed guilty and shall be fined fifty dollars. Fined $50-
1827, Ch. 25. (Authorizes the sheriff to transfer entries sold at
execution sale. See Entries.)
182 7.—Chapter 35.
Section 4. In all cases wherein a sheriff or his deputies, shall he and his sa
collect money by virtue of any excution, issued by a justice of the curitiea liable for
peace, or by warrant or otherwise within the jurisdiction of a justice ^proce^s'issued
of the peace, said sheriff and his securities shall be held liable on by justice of the
their bond for all moneys collected as aforesaid. Peace-
1 827.—Chapter 74.
Section 1. In all cases where the counterpart of a writ, or a ca. /^^cegVfrom
sa. shall be sent to the Sheriff of any county in this State, from any another^ounty
other county than the one for which he is sheriff against the body of and have to be
any defendant or defendant^, it shall and may be lawful for the sher- imp"3'*1' b®
,rnr t i , . J i in the c tv where
iff upon the ca. sa. and also upon the counterpart oi said writ, it the he resides-
said defendant fails or refuses to give security, to confine said defen-
dant or defendants, to the jail of the county where he is sheriff, and
make return thereof upon the process so issued to him to the court
from whence it issued.
1829, Ch. 21. 51. (Sheriff disqualified for office for gaming. See
Gaming.)
1829, Ch. 38. (Sheriff to convey convicts to the penitentiary and
his powers, privileges and duties therein. See Penitentiary.)
670
SHERIFF*
18 2 9.—Chapter 41.
sheriff orci'k Section 1. In all cases where any sheriff or clerk within this state,
oVnmUolia^st shall have paid money or become liable to pay m >ney for the default
a deputy * for or misconduct of their deputy or deputies, it shall and may be lawful
whom they may for said sheriff or clerk to recover judgment by motion against such
neyftopay m0" deputy or deputies, and his and their securities, for all such damages
' and costs that he or they may have sustained or be liable to pay in
the circuit court where §uch sheriff or clerk may reside, upon satis-
factory proof made to the court of the defaults or misconduct of said
deputy or deputies by giving him or them ten days notice of the time
10 days notfce. ^ moUo/ *
titled person en" ®EC- If any deputy sheriff or deputy clerk shall have received < r
against'deputy^6 collected any money by virtue of execution or otherwise, and fail or
refuse to pay over said money to the person, his or their agent or at-
torney entitled to said money he, she or they shall have judgment by
motion against such deputy clerk or sheriff and their securities in the
^ circuit court of the county where such deputy clerk or sheriff resides
io day® notice. giyfoghim ten days notice of the time of making said motion.
1829, Ch. 54, (Sheriff to bid off'lands sold for taxes for common
schools. See Common Schools.)
1829, Ch. 56. (Sheriff to have allowance for keeping stock. See
Fees.)
1 82 9. Chapter 71.
Section 1. It shall be the duty of the respective sheriffs of the
court Touae^o count^es where terms of the supreme, chancery and circuit courts are
taTkept 'in order holden to cause the court house to be kept in order for the accommoda-
for supreme or tion of the courts,and to furnish water and fire when necessary; the ex-
rh. court and to p8nses for doing wl ich shall be a county charge and on the account
furnish water <$• , .=> . , , , => ^ .
fire at the ex- of expenses being pi oven by the sheriff to the county court the same
pense of county, shall be allowed and paid out of the county treasury.
1829, Cii. 9f. (Manner of advertising sales in execution from
justice. See £ ecution.)
1831, Ch. 4.5 1. (Sheriff may take bail in certain criminal cases.
See Bail.)
1831, Ch. 19. } 2. (To take bail in attachments for contempts.
See Uonttmxjts.)
18 3 1.—Chapter 97.
allowed twoSfctton 1. The Sheriffs of the different counties in this stafo, shall
to close tie iue- be authorized during their continuance in office to transact and close
iness of preced- the unsettled business of any preceding two years for hich they
ing term. may have been elected sheriff.
sheriff* 671
1831, Ch. 98. (Sheriffguilty of a misdemeanor for opening tick-
ets at elections. Sep Misdemeanors.)
1832, Ch. 38. (To give bond for collecting school tax. See Com-
mon Schools.)
1 8 3 3.—Chapter 23.
Section 1. It shall be lawful for any sheriff in this state, when he sheriff may
may fiud the same necessary, to appoint one additional deputy to the appoint another
number heretofore allowed by law. deputy,
1833, Ch. 20 (Growing crop not to be levied on till 15th November.
See Executions.)
1833, Ch. 43. (Liable on motion for not paying moneys due on ex-
ecutions in state cases on second day of term. See Attorney General.)
1835, Cii. 1. § 10. 11. 12. and 13. (To hold and certify elections of
justices of the peace and constables. See Elections.)
1835, Ch. 2. { 1. 2. 3. (To hold elections for Governor, members
of Congress and the Legislature. } 4. 5. County officers. $ 6. To
give the casting vote in case of equality of votes. See Elections.)
1835, Oh. 15. (Duties as collector of the revenue. See Revenue
Collecio .)
1835.—Chapter 16.
Persons suin^
Section 1. In all suits hereafter brought upon sheriff's bonds, in on sheriff's bond
this state it shall and may be lawful for the party or parties injured ^
by reason of the breach of the conditions of said bonds, to institute ernor°forietheir
suits thereon in the name of the Governor of the State for his or their use. 3
use and to mike prefer"' of a copy of said bond in the declaration. ft.rT°of'copy^of
Sec. 2. The party or parties for whose use said suit maybe brought bond,
shall be liable for the costs of the same in the event of a failure to re- Party for whose
cover, and it shall be the duty of the court in which said suit may ^ieUfor costs'1
terminate in the event of the plaintiff failing to recover, to give judg-
ment against the person or persons for whose use the same was pros-
ecuted for the costs of the said suit.
1835, Ch. 19. § 6. (Judgment against sheriff by motion for not re-
turning execution, or paying1 over money, or making false return.
See Execution.)
1835, Cii. 21. § 1. (Exempted from military duty, other sections
of the same act, duty in conducting elections of militia officers. See
Militia.)
18 3 5.—Chapter 36.
Section 1. When a bill of indictment shall have been found in any
673
SHOOTING SHOWS AND EXHIBITIONS.
if the jail of of the courts of record of this State against any person or persons for
fictent1may take a vi°'ati°n of the criminal laws of this state, and the defendant or dc-
prisoner to an- fendants in said indictment, shall be arrested upon a capiat, issued
other county. from the court wherein said indictment shall have been found, it shall
be lawful for the sheriff making said arrest, if the jail of the county
wherein said arrest shall have been made is insufficient for the safe
keeping of said defendant or defendants, to convey said prisoner or
prisoners to the nearest jail in this state that is sufficient for the safe
keeping of said prisoner or prisoners.
May summon Sec. 2. It shall and may be lawful for such sheriff to summon a
ceedm "two *Tn £uarc'>11 exceeding two for each prisoner, to assist in the taking of
such cases.}0 " the said prisoners to the j iil wherein they are to be confined, and
such sheriff and guard shail receive for their services, the same com-
pensation as is now allowed by law for similar services.
Not to prevent Sec. 3. Nothing in this act shall be so construed as to prevent the
iH^^air'Vhe^i sheriff fr°m taking bail of the defendant or defendants, where the of-
offence1 is haifa' fence is bailable in the same manner as sheriffs are now by law au-
ble- thorized to take bail.
SHOOTING.
1821.—chapter 68.
ihootfn na'in f°l Section 1. Any person or persons who shall shoot at a mark within
town,"or near a the bounds of any town, or within two hundred yards of any public
public road, jog, road, of' the first or second class, such person or persons so offending,
shall be subject to a fine of ten dollars each, to be recovered before
any justice of the peace within the county, where such offence may be
committed for the benefit of the informer.
Duty of j. p. Sec. 2. If such offence shall be committed in the presence of a jus-
if done in his tice of the peace, it is hereby made the duty of such justice of the
presence, to pro- peace to g}ve information against such offender or offenders, in which
case the forfeiture shall be applied to county purposes.
SHOWS AND EXHIBITIONS.
1819. Chapter 51.
Section 1. Any person having a show or shows of any kind, or
Showmen to w^° ^halLwish to exhibit any feats of activity or strength, sleight of
apply to cik. of hand, or any other exhibition for which money is taken, shall make
cty. ct. lor ii- application to the clerk of the county in which such person is about to
year! °f Perform or show, and the clerk is hereby directed to issue license for
SLAVES
673
the term of one year and no longer: Provided, That before such Tax of $50, #
license shall issue as aforesaid, the applicant shall pay to the said bgeefirg[
clerk the sum of fifty dollars, as a tax imposed on shows, with the addi- pai'd.
tional sum of one dollar as a fee of office; any clerk receiving any
money in behalf of the state, by virtue of this act, shall be bound to
account for the same in manner and form as directed, for settling and To takelicense
accounting for the tax on law proceedings: Provided, Such person r0r each county.
or persons having any show or shows of any kind, shall be compelled
to take a license in each county, where he may wish to exhibit any
show or shows.
Sec. 2. If any person or persons shall exhibit any show or shows Penalty of $500
of any kind whatever, contrary to the true intent and meaning of this ou^sulh'ucense!
act, he or they shall forfeit and pay five hundred dollars, to be recov-
ered by action of debt, one half to the use of the person who will sue Concertg and
for the same, and the other half to the use of the state: Provided, theatricalexiiibi-
Nothing in this act contained, nor shall any other act, now in force tio&s excepted,
and use in this state, be construed so as to tax or prohibit any con-
certs, or any theatrical exhibitions.
18 3 3.—Chapter 32.
To explain the Act of 1819, ch. 51.
Section 1. The said act shall not be so construed as to prevent Artists allowed
artists, who execute pieces of paintings in this state, from exhibiting ouu^cenle^"11*
the same, and receiving pay therefor, without obtaining a license for
that purpose.
1835, Ch. 13, $ 4. (To procure license, and at what price. See
Revenue of State.)
SLAVES.
1741, Ch. 8, § 10. (Punishment for killing or "mismarking stock.
See "Stocky)
1811, Ch. 13. (Punishment of slaves for interrupting boats, ca-
noes, &c. See Boats and Water Craft.)
17 4 1.—Chapter 24.
Section 40. No slave shall go armed with gun, sword, club, or
other weapon, or shall keep any such weapon, or shall hunt or range No slave shall
with a gun in the woods, upon any pretence whatsoever, (except 0° Turn with a
such slave or slaves who shall have a certificate, as is hereinafter g'ninthe w'ods,
provided:") and if any slave shall be found offending herein, it shall ®*cePl aB
r. '' x n * r . - ixi xi- have a certificate
anu may oe lawtui tor any person or persons to seize and take to his for that purpose,
own use such gun, sWord or other weapon, and to apprehend and de-
86
574
SLAVES.
Such pun may liver such slave to the next constable, who is enjoined and required}
Jnve'lo without further order or warrant, to give such slave twenty lathes on
receive2ulaaiies his or her bare buck, and to send him or her home; and the m< ster
Sf Resent home. or owner of such slave, shall pay to the taker-up of such aimed
pay'6 " uker up0, s^ave5 ninety-three and three-fourlh cents.
93| cents ' Sec. 41. Nothing in this act shall be construed, or extend to prohi
One stave may bit °f debar any master or owner of any slave or slaves from employ-
hunt on each ing any one slave, in each and every distinct plantation, from hunt-
plantation. jng jn the Woods on their master's land, with a gun to preserve his or
But the master her stock, or to kill game for his or her family,
tile nan^ or such ®EC* Such master or owner shall first deliver into the county
slave to court, court in writing, the name of any such slave to be employ ed as'albre-
T'.e chairman said, and the chairman of the court shall sign a certificate that such
shall sisn a cer- gjave js allowed to carry a gun, and hunt in the woods on his master's
tincate that such . * » t 7i • i
slave is allowed or mistress' lands; and the master, mistress, or overseer, ot such
to carry a pun. slave, shall give him the same certificate, which such slave Lhall
shaiiS?UChaiways always carry about him, on pain of being apprehended and punished
carry said rerti. as aforesaid.
ficaiea'mn hinu gEC 43 ]\j0 siave shall go from off the plantation or seat of land,
master's0 'place where such slave shall be appointed to live without a certificate of
without a pass, leave, in writing, for so doing, from his or her master, or overseer.
Sec. 47. If any number of negroes, or other slaves, that is to say,
Conspirinjr to three or more, shall at any time hereafter, consult, advise, or con-
rebel or murder. . . ' . . J . / 1 . .
spire to rebel, or make insurrection, or shall plot, or conspire the
murder of any person or persons whatsoever, every such consulting,
Tosuffer death plotting or conspiring, shall be adjudged and deemed felony, and the
or lesser punish siave or slaves convicted thereof, in the manner pointed out by law,
niPiit, at the dis- ' r J '
cretiou of court, shall sutler death, or lesser punishment, at the discretion ot the court.
(See lS31,cft. 103, § 4.)
Sec. 50 Where any negro, mulatto, or Indian, bond or free, shall
testhiioinf fa'Se f°und to have given a false teslimony, every sucn offender shall,
Receive .i9 without further trial, be ordered by the court to feet ire thirty-nine
lushes. lashes, wed laid on his or her bare back.
Sec. 51. At every trial of slaves committing capital or other of-
tryih«e °aJ"c;i«et fences, the justice or judge sitting on such trial, shall, before the exa-
shnii cimrpe ne- mination of every iiegro, mulatto, or Indian, charge him or her to
gro witness to declare the truth.
speak the truth. gE(^ ^ The master, owner, or overseer of any slave, to I e ar-
Master may raigned and tried, may appear at the trial, and make what just dt-
^defend slave!' fence c&n fer such slave or slaves; so that such defence do not
relate to any formality in the proceedings on the trial.
17 5 3.—Chapter 6.
No certificate Section 2. No certificate shall be signed by any chairman of any
to issue allowing county court, allowing any slave to carry a gun, and hunt in the
sia e to hunt. Woods, unless the master, mistress or manager, of such slave, shall
firstSgive"tondj fe'st enter into bond, with sufficient socurity, to the county court,
4-c. either before or at the time of such certificate, shall fce given fi r the
good and honest behavior of such slave, which bond may be assigned
over to any person or persons Who shall be injured by such slave,
which assignee shall and may maintain an action thereon, and reco-
ver such damages as he or they shall, or may sustain by su^h slave,
in an action of debt.
SLAVES#
675
Sell 3. No slave shall have or carry a gun, in any plantation where Not to have a
a croo is not ten lei, nor mire than one in any plantation where gun wliere. n0
i « i i * . . * »1 - . crop growiiur;
there is a crop tended, n >r atter the crop is housed; and the m ister, „0r after crop is
mist.'ess, or overseer, of any slave, with whom shall be found any gun, Housed.
swo'd, or other weapon, contrary to the true intent and meaning of wl^ tiwT'a
this, and the act of 1741, ch. 24, shall forfeit and pay to the person w'apon is found,
finding the same, the sum of two dollars and fifty cents, to be reco- »haii f.nfeit $2,
vered by a warrant before any one justice of the peace for the coun- tlie ',erson
i i /r> iiii i • i • n- i finding same,
ty where the offence shall be committed, any punishment inflicted on c;xcept where
the slave, forfeiture of the gun, sword or other weapon, notwithstand- they can show
ing, unless such master, mistress or overseer, shall, by their own ^n th'rewYth9-
oath, or other pro if, make it appear that such slave, carrying a gun, out his consent.
sword or other weapon, was without their consent or knowledge.
Sec. 8. No slave shall hunt or range in the woods with a dog or Not to hunt
dogs, except such as shall have a certificate for hunting, obtained as wlt'» dogs with,
in this act directed; and if any slave shall be found offending herein, °atre such certlfi"
it sh ill and may be lawful for any person or persons to kill or de-
stroy the said dog or dogs, and to bring the said slave before the next Dogs to be
magistrate, who shall, on due proof of his offence, order the said slave killed, and slave
such correction as he shall judge reasonable, not exceeding thirty wlupped"
lashes.
Sec. 10. In case any slave or slaves, who shall not appear to have if not com.
been comfortably clothed and fed, shall be convicted of stealing any f?r.tah'y fed a7,rt
11*/ t , 7 , n, clothed, master
corn, cattle, hogs, or other goods whatsoever, from any person not the iiai»i. fi,r damn-
owner of such slave or slaves, s ich inj ired person shall or may main- Res for whatever
tain an action of trespass against the master, owner or possessor oftlley may slea1,
such slave, in the circuit court, and shall recover his or her damages,
with costs of suit.
April, 1777.—Chapter 6.
Section 5. If any slave or slaves shall hereafter be allowed by his
or her master, mistress or overseer, or other person having the care Mar he taken
of such slave or slaves, to hire out him or herself, such slave may be hard"'ia^or'120
taken up by any magistrate or freeholder, and kept to hard labor for days for use of
the use of the poor of the county, for any time not exceeding twenty
days.
1783.—Chapter 14.
Section 2. Where any slave or slaves shall hereafter commit any A magistrate
offence which is not by law declared capital, the justice before whom to have rogni-
he or she is taken, shall, and he is hereby authorized and empowered zance of all cases
forthwith to issue subpoenas, if necessary, to compel the attendance n°ToY«uesnbp
of wi.nesses, and proceed immediitely upon the trial of such slave, for witnesses, &
or slaves, in a summary way, and to pass sentence and award exe- to try the case in
cutim: Provided, The punishment shall extend no further than or- ^m^to^mifeh
dering the offender to be publicly whipped, not exceeding forty by whipping, n't
lashes; and when the offence for which any slave shall be appre |™1l[®gtl,an forty
hen leJ, is declared by law to be capital; such offending slave shall in capital cases,
be committed to jail, and stand his or her trial by a court in the way to be committed
prescribed by law. t0 iai1.
676
slaves.
Any other J. gEC. 3. Upon all trials of slaves before any justice of the peace, or
neyVit wUhtiie any other of lhe justices of the county w here sue h slave n ay i e uj (n
one trying any trial, may, if they think proper, set upon and assist in the examina-
case- tion and trialt
1784.—Chapter 10.
how Stated!"' Section 7. All sales of slaves shall be in writing, attested by at
, ' least two witnesses, or otherwise shall not be deemed valid.
178 7.—Chapter 6.
No master of Section 1. It shall not be permitted for the master or the comnian-
a vessel shall der of any vessel to entertain any slave, negro, or mulatto, on board
between11 sun-set such vessel at any lime between sun-set a no sun-rise, nor during the
% sun rise,with- Sabbath-day, unless such slave, negro or mulatto, as sliall belong to
wriun^^or o'n ^ vesseV01' ^ave a Fass ^rom ^erj cr ^eir master or mis-
the Sabbath*.1 tress, or from some justice of the peace, expressing ihe tin e when,
and the business for which they go on board,* and if my slave, negro
or mulatto, who has not such pass, or is not statedly employed on
board the vessel as one of the hands, shall be found on board any
c vessel in any bay, harbor, creek, or river, on the Sabbath day, or in
the "lave shaii benight, between siin-sfet ana sun-rise, he shall be presumed to
be presumed to "have been disposing of stolen goods; and the master or commander
have been dis- of such vessel, on complaint and conviction before any two justices of
good's! 01 *t0le" peace7*hall be subject to a fine, for the entertainment, of such
The master of slave, negro, or mulatto, of twelve dollars and fifty cer.ts for the first
be" fin erf6? v®'50 °®®nce' twenty-Jive dollars for every succeeding (fence, to be
for the first" of- applied to the use of the poor of the county in which such conviction
fence, and |25 shall be had, but any person dissatisfied with the judgment of the
ceedin^ofience*5 two just*ces5 shall have the right of appealing to the court of the
county, ti.e determination whereof shall be final; the person appeal-
ing to be subject to the same regulations as in the cases of other per-
sons appealing from the judgment of a justice. '
178 8 .—Chapter 7.
" Section 2. If any slave or slaves shall hereafter offer any article
lng^aiy'article whatevor for sale without permission, from his or her owner, master
for sni^ without or overseer,'it shall and may be lawful for any person knowing the
permission from ganiej to apprehend such slave or slaves, and on due proof of the of-
whipped. ° 6 fence being made on oath before a justice of the peace of the county,
he may order the said slave or slaves to receive any number of
lashes, not exceeding thirty-nine, on his, her, or their bare back.
179 9.—Chapter 9.
Murder to kill Action 1. If any person or persons shall willfully or maliciously,
ai've with m'lice with malice aforethought, kill any negro or mulatto slave, on due and
aforethought, legal conviction thereof, in any circuit court of the county wherein
such offence shall have been committed, shall be deemed guilty of
murder, as if such person sc killed, had been a free man, and shall
slaves.
677
suffer deith without benefit of clergy. (See Felony, 1829, ch. 23,
see. 2 to 9.)
Sec. 2. If +116 slave so killed shall be the property of another, and If gurh gIave
not of the offender, his goods, chattels, lands and tenements, on con- so siai» be ihe
viction thereof, shall be liable to the payment of the value of such ^°J,er0l|e°^rn^
slave so killed, to be assessed by a jury of the county wherein such p^'vaiue! er t0
slave shall have been killed: Provided, This act shall not be ex^ This act not
tended to any person killing any slave in the act of resistance to his tl*g
lawful owner or master, or any slave dying under moderate correc- T/hT thl®
tion. act of resistance
to master, or
t w a n r* t-»o BUch as die ulld'r
1799. CHAPTER ^O. moderateco.rec-
tion.
Section 1. If any slave shall produce a forged pass, or certificate, To be whipped
he or she so offending, shall, on conviction thereof, suffer such cor- forg^a'sT"" a
poral punishment, as a justice of the peace shall think proper to in-
flict, not exceeding thirty-nine lashes.
18 0 3.—Chapter 13.
Section 1. If any person shall either publicly or privately speak,
or utter any words in the-hearing of any slave, or persons of color, calculated To to'
which in their nature will have a tendency to inflame the minds of flame ot excite
any slave, or induce him or them to insurrection, or to absent him or ®laves't0 forfeit
herself from the service of their owners, for every sucli offence shall %M'e half to the
forfeit and pay the sum of ten dollars, to be recovered by action of county, and the
debt before any jurisdiction having cognizance thereof, one half to 10 any p'r*
the use of the county, and the other half to the person that will sue s'n w 0 Wl11 sue*
for the same.
Sec. 2. In order to explain what words will constitute a crime in What wordg
contemplation of this act, it must be understood that the person utter- wju Constitute
ing or speaking inflammatory words, such words must be directed to, the offence,
and in favor of, general or special emancipation, or in direct or indi-
rect terms, to persuade any slave or slaves to rebel against the per-
son, or the lawful commands of his or her master, mistress, or others
having due authority over him or them, oj* directly encourage any
plot or combination against any of the laws of the United States, or
of this state, shall be liable as aforesaid. (See 1835, ch. 44, sec. 3.)
Sec. 3. No person or persons shall knowingly permit any slave
or slaves to come, collect or assemble at his or their dwelling house,
negro house or houses, without a written pass from the owner, over- assemble oVpre-
seer, or person in whose employ such slave or slaves may be setting mises, without a
forth his, her, or their business, and time of absence, every person so written Pass-
offending, shall forfeit and pay the sum of ten dollars, recoverable Forfeit $10.
before any justice of the peace of the county in which such offence
may be committed, one half to the informer, and the other half to the °ne half to the
use of the county ; and it is hereby made the duty of every justice uTthecty
of the peace, on information made to him of any such offence being
committed within his jurisdiction, forthwith to issue his warrant, di-
rected to any lawful officer, to bring before him or any other person,
in like official capacity, said offender to be dealt with as by this act
directed.
678
SLAVES.
Not to trade Sec. 4. If any person shall deal or traffic with any slave, without
wlthoiu n*'™* a writing from his or her owner, setting forth the arti les
mit in writing, so to be traded, every such offence shall be deemed a breach of the
setting forth tue penal laws, and punishable by presentment of the grand jur\,inany
Punishment by sum not exceeding fifty dollars, nor less than ten dollars. Tins law
presentment $ shall be given in charge to the grand jury, whose duty it shall be to
than°f®5o"nor ma^e a^ suc^ presentments, as may come within the knowledge of
tess'thanf'io"0' any one °f their own body, or that may be given them by any other
This act to he person. (See 1813, ch. 133, sec. 3.)*
given in charge
to grand jury,
whose duty to 1806.—Chapter 32.
make present
ments.
Riots, routs, Section 3, Riots, routs, and unlawful assemblies, trespasses and
trespasses, Un- seditious speeches, by a slave or slaves, or any insulting or provok-
law. assemblies, jng iangUage used by such slave or slaves to any white person, shall
or lii'suitfngCiau- punished by stripes at the discretion of a justice of the peace, and
guageby asiave, he or they who will, may apprehend and carry him, her, or them, be-
to be puni- h'd by fore such justice,
stripes, at the
discretion of a
j p 1813.—Chapter 56.
Wantonly beat- Section 1. If any person or persons shall wantonly, and without
ing the slave of sufficient cause, beat or abuse the slave or slaves of another person,
another indicia- 0ffgnce shall be an indictable one, and any person or persons so
Same penalty offending, shall be subject to indictment in the circuit court, under
as if on a white the same rules, and subject to the same pains-and penalties, as for
person. the commission of similar offences on the body of a white person.
181 3.—Chapter 135.
if an" erson Section 1. If any person or persons shall sell any spirituous li-
sh'ii sM?hiy^rve quors, or other drink, capable of producing intoxication, to any slave
spir ts, without or slaves, without a permit in writing from the owner or the person
mit'siaves°disor' having charge of such slave or slaves, or shall permit any slave or
deriy to ass'mbie slaved disorderly to assemble at his, her or their house, or place of
at his house, he residence, every person or persons so offending, shall be fined in a
a sum6noises" sum not less than five, nor more than ten dollars, to be recovered
than $5, nor before any justice of the peace of the county wherein such offence
"to6be'1recover sha^ he committed, one half to the use of the person who shall sue
ed before J. p. f°r the same, the other half to the use of the owner of such slave or
slaves.
If any offend. SEC. 2. If any person or persons offending against the provisions
act shai"fni|thto act> shall £"1 or refuse at the time of the rendition of such
pay fine, he shall judgment, to pay the fine or judgment awarded against him, her or
he committed »o them, with costs of suit, such person or persons so failing or refusing,
Uon°may ^ss'ue. shall forthwith be committed by order of such justice to the jail of
Any person the county, until the fine and costs are paid, or the justice may issue
receiving from a execution as in other cases.
not^onlisown Sec. 3. If any person or persons shall purchase or receive from
make or without any slave or slaves-, any article or articles, Unless the same shall be
of his, or their own manufacture, without a permit in writing from
the* Tat Section, the owner or person having the care of such slave or slaves express-
slaves.
679
ive of the article or articles to be sold, such person or persons so
offending, shall be subject to the .pains and penalties set forth in the
prectd ng section of this act. Slave good wit-
Seu. 5. In all trials under the provisions of this act, any slave or "ersoif of wior
slaves shall be deemed a competent witness or witnesses against under this act.
*any free person of color who was born in slavery.
181 9.—Chapter 35.
Section 1. Murder, arson, burglary, rape, and robbery, shall when Murder, arson,
committed by a slave or slaves be deemed capital offences, and be an^'o^ry ™pi'
punished with death, and all other offences shall be punished as here- tai offences in
tofore: Provided, That the punishment in no case shall extend to sla^®s'othei. cag
life or limb, except in the cases above enumerated. (See 1835, ch. es t0° be Iap taj*
103, sec. 4, and 1836, ch. 19, sec. 10.)
Skc. 3. Jailors' fees and other costs in all such cases shall be paid Costs to be paid
by the county in which said trial takes place. by county*
18 2 3.—Chapter 57.
Section 1. If any person or persons shall hire to any slave or hirin^XvPethc£
8 laves, the time of such slave, the person or persons so offending time" to forfait
shall forfeit and pay not less than one dollar nor more than two dol- between one and
lars for each and every day such slave or slaves shall have hired his, tw£aMhg8
her or their time and been absent from the owner or owners, to be ered by any per.
recovered by any person who will sue for the same, one half to the soa wh0 wi|1
use of the person suing, and the other half to the use of the county °aae oflfthe
in which said suit may be brought. county.
1 8 2 5.—Chapter 24.
Section 2. The owner or owners of any slave who may be put The owner of
. on his trial for any offence, the punishment whereof, by the existing » s,ave in a caP-
law is death, shall have the right to challenge peremptorily as many h^e 3^peremp^
jurors as a free white person is allowed to challenge in similar cases tory challenges,
and no more.
Skc. 3 Upon the trial of any slave under the existing laws, the & ^"and1"*5'
owner or owners thereof shall have the right to appear and superin- perhlt'd"deience
tend ihe defence of such slave. of slave.
Sec. 4. In all cases of proceeding against slaves the owner may 0wner ma
give bail for the appearance of such slaves in the same manner as ajve h^forTif.
bail is given in prosecutions against free white persons; and the bail peVnce of slave,
so given shall in all respects be liable and proceeded against in the No bai|t0 be
same manner as in the case of prosecutions against free white per- taken where pr'f
sons; Provided, That in prosecutions for capital offences such slaves is evident, or
shall not be bailed when the proof is evident or the presumption p™811'''?1 n gr u
great. Writs of er.
Sec. 5. Hereafter writs of error shall be granted in all cases in ror to be grant-
prosecutions against slaves in the Circuit Courts as in prosecutions e.d in Pr,,secu-
r c ••ij j •, turns vs. slaves.
against tree white persons, upon the owner giving bond and security Bond and se-
as in other cases. curity to be giv-
Sec. 8. In all cases when the owner of any slave shall give bail *aseas 1,1 other
for the appearance of such slave, such bail bond shall be for double Bail bond to
the amount of the value of such slave. be given for dou.
ble i lie value of
slave,
680
SLAVES.
182 5.—Chapter 79.
sheriff te sell Section 1. In all cases where any slave who shall have Leon com
runaway slave mitted to any of the jails in this State as a runaway, and shaH have
Wri"or!oneeyear been duly advertised by such jailor, as required b> the lavts of thin
and duly adver- State, and shall not be claimed and proven away by the owner of
tised on giving such slave or runaway, and shall have hjeen imprisoned for the term
30 days nonce. twejve months, it may and shall be lawful for the sheiitf of anj
Proceeds to he county in this State, and he is hereby empowered, having previous-
first applied to jy advertised the same thirty days, to expose such negro slaves to
or's'rees!and'the public sale, to the highest bidder, at the court house door of ihe
surplus ,0 cty county of which he is sheriff, and the proceeds of said sale shall first
Trustee. be apj ned to pay all costs and the jailor's fees, and the surplus, if
she'ft"to make any> overto ^ county trustee of the county, to be used for
bill of sale to county purposes and said sheriff upon nii|kingsuch sale, is herehj
p'rehas'r, whieh directed and empowered to make a bill of sale of any slave t > the
tine'vest agood purchaser, so sold, which shall vest a good title to said slave.
if the owner Sec. 2. If the owner or owners of any slave, sold under the pro-
apply in two y'rs visions of this act, shall make application to any county Irustet at
two justices tiet any time within two years after the date of said sale, and make proof
such slave was before any two justices of the peace for the county by the testimony
his, he shall h've Gf one or more credible witnesses that such slave i3 the property
the money. ciajmantj s|ja|j ancj may ke iawful for said trustee to pay
over to said owner the amount of the proceeds of the sale of the
slave, except the costs, and fees aforesaid allowed to be deducted, or
should such claimant prefer it he may redeem said slave from the
Or he may red'm purchaser thereof, by paying to him the money by him paid for said
from r the pur- ^
182 6.—chapter. 22.
Not to be im- Section 1. It shall not be lawful for any person or persons to
ported into this import into this State any slave or slaves, either for life or any short-
state to sell. er period, for the purpose of selling or disposing of them, or any of
them, as articles of merchandise within this state, Provided, Nothing
herein contained shall be so construed as to prevent any person or
persons from removing to this State, together with all their slaves,
Proviso in fa- whether slaves for lile or any shorter period, or from bringing into
vor of those who ^jg State any such slave or slaves which may have been acquired
tor^their S'own by them by descent, devise, marriage or purchase tor their own partic-
use. ular use, in the same manner as heretofore.
Sec. 2. It shall not be lawful for any person or persons to bring
Not to bring into this State, either for their own use or merchandise, any slave or
[bves whohnve s'aves which shall have been convicted of any crime, the punish-
been conv'ted f'r ment for which by the laws o: the State or Territory in which such
crime- crime was committed, may be transmuted for transportation from
such State or Territory.
Sec. 3. If any person or persons shall knowingly violate the pre-
Proceedings ceding provisions of this act, it shall and may be lawful for any
ag'st those who justice of the peace in this State on application or on his own view,
V' din6 a of this to *ssue ^ls warrant in-the name of the Slate, directed to ihe sheriff
act! or any constable, of the ciunty where the defendant or such slave or
slaves may be, di ecting the owner or owne s,or their a ents, ogtlh-
er with any slave or sla es which mty have been offered for sale
SLAVES.
681
contrary to the provisions of this act, and in case they cannot be
arrested then such slave or slaves alone, to be brought forthwith
before such justice, and if on examination and trial it shall appear to
such justice that such slave or slaves have been brought into this state
contrary to this act, and Have been offered for sale, such justice shall
thereupon require such person or persons so bringing such slave or
slaves into this State, or offering to sell them, as aforesaid, to enter
into a recognizance, with two good securities, to make his appear-
ance and to have forthcoming such slave or slaves as may have been
so arrested, at the next circuit court to be holden for the county
where the offence was committed, and not depart hence without the
leave of the court, and in case the said person or persons shall fail or
refuse to enter into the recognizance as aforesaid, or shall not be
taken under said warrant, then said justice shall order such slave or
slaves to be delivered over to the sheriff or coroner of said county,
to be by him safely kept until the next circuit court, there to be
dealt with as hereafter directed.
Sec. 4. The court to which such recognizance shall be returned court to cause
shall at the first term cause an issue to be made up to ascertain the issue to be made
alleged violations of this act, and have the said issue tried at the aUB^dTioiaOrm
said term unless on good cause shown by affidavit, as in other cases of^iiis act-
of~continuance; and it shall be the duty of the solicitor of said
county to attend to the said suit.
Sec. 5. If said issue should be determined in favor of the State Jf isgue deter
it shall be the duty of said court to order a venditioni exponas, for mined for state
the sale of such slave or slaves, and the proceeds thereof to be paid slaves to be sold,
over to the State as in other cases, after deducting the costs of suit,
including the sum of twenty-five dollars, as compensation to such So- $25 to the So.
licitor for his services; Provided, it shall be necessary to prove un- 11Cproofnecessa-
der the second section of this act that such person or persons brought ry under second
such slave or slaves into this State, and offered them for sale, know- aec£°"'t0 affect
ing them to be convicts, and their punishment to have been -trans- slaveS jn a the
muted as aforesaid; and, provided, that this act shall not have effect hands of a bona
against any such slave or slaves inthe hands of a bona fide purchaser. fide purchaaer-
1827, Ch. 61. (Not to be sold by executors or administrators
except by order of court. See Executors and Administrators.)
1829.—Chapter 74.
Section 1. Any negro slave who shall be guilty of selling any pe J°f0^e filing
spirituous liquors without permission of his master or mistress, to any spirits without
person, shall be liable to receive lashes not less than five nor more permission of
than ten for every offence. master.
Sec. 2. Any slave or slaves who shall be found or detected with tTo be whip,
having and possessing any spirituous liquors in any bottle or any other p0- fo.r having
vessel at any other place than their own house, which liquor is any pTace
claimed and owned by such slave or some other slaves, shall be liable but his own
to be punished with not less than three nor more than ten lashes. house. .
Sec. 3. Offences under the provisions of this act shall be cogniza- Cognizable be-
ble before any justice of the peace who shall have power to enforce fore any justice,
the same.
Sec. 4. (Indictable to sell liquor to slaves. See Misdemeanors.)
87
682
SLAVES.
18 31.—Chapter 103.
What shall be Section 1. All assemblages of slaves in unusual numbers, or at
bhi^eof slaves" susPic*ous times and | laces not expressly authorized by the owners,
ngeo saves, an(j considered an unlawful assemblage, and shall be
erfe!ly and "b* dispersedky anY Patr°l°t" the bounds, or any constable or justice
whom. an y °f the peace of the county, or by any person authorized by su< h jus-
tice of the peace to do so; and in all cases w here such persons so
Penalty for fail- assembled shall fail or refuse to disperse w hen required to do so, and
ing to disperse. au0wed a reasonable time for that purpose, any such patrol, con-
stable, justice or other person by him authorized as aforesaid may
take to their aid sufficient assistance, and inflict on the offenders any
number not exceeding twenty five lashes. „
Penalty on any Sec. 2. -Any person or persons who shall knowingly permit any
?y pe°rnik'hlgsu'ch suc^ assemhly, to be held on his or her land or premises, contrary to
assembly on his the provisions of the first section of this act, shall be liable to pre-
premises. sentment or indictment, and on conviction, be fined at the discretion
of the court.
owners indict- Sec. 3. If any owner or other person having charge of any slave
slave'sf to'°prac- or slaves shall permit, him or them to go about the country under the
tice medicine, pretext of practicing medicine, or healing the sick, he, she or they,
shall be liable to presentment or indictment, and punishment, as in
And such siav's the preceding_section of this act, and such slave, on arrest and con-
to be whipped. victjonj s]jai} receive, by the order of the justice trying him, a number
of lashes, not exceeding twenty-five.
Sec. 4. In all trials and convictions of slaves, for a conspiracy to
In trials of rebel, under the 47th section of the act of 1741, ch. 24, it shall and
Bp^rac/To^ebei* maY be discretionary with the court trying the case, to inflict death,
the court may or any less punishment, by stripes and standing in the pillory, and
an iCtiessathunr conhnement in the county jail, according to the extent of the plot,
ishment!8 PUn" and the participation of the accused therein.
Any ring-leader Sec. 4. Every ring leader, or chief instigator, of any plot, to rebel
rebel "or murder* 01 murc'er anY white person, who may run awTa.y, and lie out, and re-
who may refuse fuse to surrender, or make resistance to being taken, may be law fully
to o'r r'itder, m'y killed, if it be not practicable otherwise to arrest and secure him.
c^nn't otherwise Sec. 6. No appeal or writ of error shall lie in any case of an actual
be taken. rebellion or insurrection, and proof made of overt act, committed by
writ ofPeerror ^ P^ePa['ati°n °f arms, and publicly assembling in numbers to carry
Ihafi lie incise the same in execution.
of actual rebel- Sec. 8. When any person shall have arrested any runaway slave,
ll0«' e P u , and on the commitment of any magistrate of the county where the
Proof of rebel- , * n ■» t ' i • m n i * i
lion. arrest was made, shall deliver to the jailor oi the county, or the ow ner
Persons who or person entitled to the custody of such slave, such person shall be
any6 runaway! entitled to the sum offive dollars, for the arrest and trouble of convey-
shall be entitled ing to the jail, to be paid by the owner to such person, or to the jailor
to $5. for him, before taking or recovering said slave from the iail of the
To be paid by 7 13 & J
the owner before c°Unty.
taking away. Sec. 9. All laws requiring runaway slaves to be published on the
Laws requiring Lord's day, or any proclamation concerning them made at any church
publication on , i i , ■> i i . i /*
Sunday r'peai'd. or chapel, are hereby repealed; and where the owner of any runa-
Wh.reti eown'r way slave, arrested and committed to jail, is supposed to reside in
ilf a«uppo»edWay anY other county or state, publication concerning such slave shall be
SLAVES.
683
made in some newspaper, best calculated to convey information to res,de in ano^er
, 1 r J state, publicati'n
SUCll owner. ^ ^ tf> be made in
Seo. Id. In all trials for alledged violations of an act passed in some newspap'r.
182d, ch. 22, the burden of proof to show that the persons whose im- taiPr"°^tg t0c"e
portation is prohibited in the 1st, 2nd, and 6th sections of said act, on'^eft." in pro-
were not imported contrary to the provisions thereof, shall lie on the ce'dmgund'rthe
defendant or defendants, and not on the state as heretofore. J* s^1?J?"
1833, Ch. 3, & 62. (Penalty on stage or steam-boat owners, for
receiving slaves into their stages or boats. See Misdemeanors.)
18 3 3.—Chapter 75.
Section 1. If any negro or mulatto, whether bond or free, shall sla®^or emoted
make an assault upon a white woman, with intent to commit a rape, person to a*i=a'lt
and use violence to her person, such negro or mulatto, for such of- white woman,
fence, shall suffer death by hanging. ^^h intent 10
183 5.—Chapter 19.
Section 9.* The circuit court, in addition to the jurisdiction con- A11 jUrjgdjct)on
ferred by the act to which this is a supplement, (chapter 5, present of offences by
session,) shall hereafter have exclusive original jurisdiction of all s1aves caPital
offences committed by slaves, which are by law punishable with cfrcui't courts ex°-
death, and so much of the acts of Assembly as requires a special court ciusiveiy.
consisting of justices, to try spch cases in the first instance, be re- cond^t'eadl9 h°W
pealed. In all such cases the trials of slaves shall be in all respects Bills of indict-
conducted and disposed of in the same manner, and under the same ment to t>e first
laws and rules that now govern such cases, after they are taken into by Grand
the circuit courts by appeal: Provided, That such slave or slaves, if the owner
shall not be tried before a jury, until an indictment or presentment is does not e "P'oy
first found by the grand jury: And provided, That if the master of t^assi^n and'fix
the slave so tried, does not employ counsel in his defence, the court the fee.
shall assign him counsel, and shall fix the amount of his fee; and such a®t™c°af
fee shall be recoverable by such counsel against the owner or owners debt.by actI0n0
of such slave by action of debt: And provided, that the owner of Owner not to
said slave shall not be liable to pay the costs of said prosecution. Pa^\ssaui*t with
Sec. 10. Any slave or slaves who shall commit an assault or bat- intent to com-
tery upon any free white person, with intent to commit a murder in mit murder in
the first degree, or a rape upon a free white woman, shall, on convic- ^ee1^dj^®e,or
tion,be punished with death by hanging. Aiipersontcom-
Sec. 11. All persons who would be competent jurors to serve on petentto bejur.
the trial of a free person, shall be competent jurors on the trial of any ^itgn peons'
slave Or slaves. good in trial of
1835, Ch. 44. (Attempts to excite insurrection. See Felony.) Bl'vea*
1835.—Chapter 57.
Section 2. If any owner or owners of a slave, shall permit him or „ Owners of
. , , ,. . ' r ~ srvesnot to per-
her to retail or sell any spirituous liquors, the owner or owners of mit th'm to r'ta'i
said slave shall forfeit and pay, to the use of the person who may sue spirits,
for the same, not less than fifty dollars for each offence, to be recov-
ered by any warrant before any justice of the peace.
684j 80LBIERS.
1835, Ch. 58, § 1. (Tempting slaves to leave their owners, or bar-
boring or concealing them. See Felonies.)
§2. (Furnishing slaves with arms. See Misdemeanors.")
1835, Ch. 65. (Forging passes for, or harboring and protecting
runaways. See Felonies.)
SOLDIERS.
constitution. art. 1. sec. 27.
182 5.—Chapter 72.
Section 1. Any officer or soldier of the revolution, and of the
Soldiers having North Carolina line, or his rightful heir or heirs, or rightful assignee
for'^v'iution'ry or assignees °f such officer or soldier, or his heir or heirs, who shall
services, may claim any land or lands, or any warrant for land, founded on his or
have depositi'ns her, or their ancestors' services in the revolution, or for the service
witnesses taken! or seryices of the assignee, or the ancestor of the assignor or assign-
ors, for any lands entered by virtue of any warrant or warrants in any
of the land offices of this state, which warrant or warrants were is-
sued to the president and trustees of the University of North Caro-
lina, by the state of North Carolina, whether said warrant is entered
in the name of, and for the benefit of the said University of North Ca-
rolina, or in the name of the assignee or assignees of said Univer-
sity, and he, she or they shall file his, her, or their bill in equity, in
the court of equity of the county or district where the land lies, for
the recovery of the land held by virtue of the entry made on his, her,
or their warrant aforesaid, or for the warrant, or the value of the
warrant or land he, she or they by himself, his or their agent or
attorney, upon making affidavit before the clerk and master of the
court where said bill is filed, that their witness or witnesses, are aged
and infirm, by whom they expect to prove his, her or their right, to
recovery, it shall be the duty of the clerk to issue a commission to
take the depositions of such witnesses, and said complainant may pro-
ceed to take the same, upon leaving notice in the clerk's office in
writing, of the names of the witnesses, and of the time and place of
Notice. taking their testimony, a copy of which notice, it shall be the duty of
said clerk to transmit to the agent or attorney of the adverse party,
which notice shall be filed thirty days previous to taking the deposi-
tions j which said depositions when so taken, shall be received as evi-
dence by the court, or on the hearing of the cause, as if the same had
been taken agreeable to the rules of the courts of equity.
Court to decree ®ec* any su^ or suits now pending, or hereafter to be
landB to com- brought in any of our courts of chancery, for the recovery of lands
piajnants, &c. entered by virtue of warrants issued to the University of North Caro-
lina, if the court or the chancellor be of opinion that the complainant
or complainants, is or are the person, or heir or heirs of the officer
STAT OF EXECUTION.
685
or soldier for whose services the warrant wag issued, or that
complainant is the rightful assignee of such officer or soldier, or his
heirs, and that said complainant is entitled to recover, it shall be the when value of
duty of said court or chancellor, to decree the land or warrant, as the the Jand may be
case may be, to such complainant or complainants so sued for: Pro- decreed.
tided, If the land has passed by bona fide conveyance, and payment
of purchase money, into the hands of an innocent purchaser, without
notice, the court may decree the value of the land at the time suit
was brought to be paid by the said president and trustees of the Uni-
versity of North Carolina, or the consideration money for which the
same was sold, with interest, at the option of the complainant.
STAY OF EXECUTION.
1801, Ch. 7,5 5. (Constable to render money in thirty days after
stay is out. See Constable.)
1823, Ch. 44, $ 2. (Constable to receive debt before expiration of
stay without commissions. See Constables.)
18 3 5.—Chapter 41.
Section 1. On all judgments rendered by justices of the peace on
any and all causes of action on the judgment debtor entering good
and sufficient security on the proper justice's docket where the judg-
ment is entered, for the amount of such judgment, interests and costs,
there shall be a stay on all executions of four months, and if such
security be not entered, or the judgment fully paid and satisfied, with-
in two entire days after such judgment is rendered, Sundays except-
ed, or appeal, it shall be the duty of the justice rendering the judg-
ment, to issue an execution for principal, interests and costs, at any
time thereafter, upon the application of the judgment creditor or his
agent, and where security is entered for the stay of execution as
above provided, upon the expiration of such stay, the justice render-
ing the judgment, shall issue execution thereon for the principal, in-
terests and costs.
Sec. 2. Where any security for the stay of execution under this The surety may
act, shall become apprehensive that by execution being delayed until Procure release,
the full time of the stay shall have expired, such security may be
compelled to pay the judgment; such security may make and file an
affidavit in writing before the justice rendering such judgment, that
he is fearful, and believes that if execution is further stayed upon the
judgment, he will be compelled to pay the same, and thereupon,1 at
the request of such security, each justice shall issue execution against
the original judgment debtor and his security, which shall be pro-
ceeded on as in other cases: Provided, Such judgment debtor shall
have two days notice previous to filing such affidavit from the secu-
Four months
on all judgmentr
upon good «ecu.
rity.
686 ST0CK«
rity, of his intention so to do, and of the day on which he will appl)
to such justice for an execution, as herein provided; and should such
judgment debtor give other additional security to the acceptance of
the justice for the stay of execution for the time not yet expired, the
former security shall be released, and on the expiration of such stay,
execution shall issue against the person or persons last entering as
security, jointly with the principal debtor in such judgment.
Sec. 3. Where any security shall be compelled to pay off the
judgment of the principal debtor, for which such security is liable,
Surety ma t"le just*ce °f the peace rendering the judgment, upon the applira-
have'judJmentT tion of such security or his or their agent, shall enter up judgment
against such principal debtor, and in favor of such security, with in-
terest thereon, and such judgment so rendered, shall not be liable to
be stayed, but execution shall issue thereon, at any time upon appli-
cation of the judgment creditor or his agent.
, When k ®EC- 4- This act shall take effect and be applicable upon all con-
effect. ° 3 6 tracts after the first day of May next. Massed Feb 22, 1836.
STOCK.
1741 —Chapter 8.
Penalty of $25 Section 2. If any free person or persons shall alter or deface the
for^ altering or mark or brand of any other person or persons' horse, neat cattle, or
orf 'brands1"3of hog, such person or persons being thereof lawfully convicted, shall
stock. for every horse, mare, colt, neat cattle or hog, whose maik or brand
he or they shall alter or deface, forfeit and pay the sum of twenty jive
dollars, to be recovered by action of debt in the circuit court, by the
owner of such horse, mare, coif, neat cattle or hog, the mark or marks
brand or brands of which are so altered or defaced; Provided, he pros-
i, Tobeprosecu. ecute for the same within six months after the discovery of the fact
by ownero^'by committed, and after that.time, any person may, as well as the own-
any other person er sue for and recover the same; Provided, such prosecution is com-
in 12 months, menced within one year after discovery of the act committed. And
To mismark jf any person Gr persons shall mismark or misbrand an unbranded rr
same pena y. unmarke(j horse, mare or colt neat cattle or hog not properly his or
their own, he or they shall forfeit and pay the sum of twenty jive dol-
lars over and above the value thereof, for every such horse, mare or
colt, nea t cattle or hog so mismarked or misbranded to be recov ered
as aforesaid.
Any person ®EC- ^any person or persons shall see any other person or per-
sjei'g the offence sons committing any of the crimes aforesaid, and shall not discovir
committed and the same in ten days to some magistrate, then and in such case, such
t"°la 'justice8 of person or persons for not discovering the said crime shall forfeit the
the peace, forfeit sum of twelve dollars andjifty cents for every time he shall see Ihe
$12 50. said crime or crimes or any of them committed, to be recovered by
any person or persons who will sue for the same, by action of debt in
the circuit court.
Confession good, Sec. 4. It shall be sufficient evidence to convict any person who
evidence in last has seen any of the aforesaid crimes committed, if it be proved that
STOCK.
687
he has told any other person, that he did see the said crimes or any
of them committed.
Sec. 5. If any person hereafter shall kill any one or more neat cat- KilHng Btock
tie or hog.s in the woods he shall within two days, shew the head and in the woods, to
ears of such hog or hogs and the hide with the ears on of such neat exhibit head, #c.
beast or cattle to the next magistrate or two substantial free holders, ln two duys'
under penalty of twelve dollars and fifty cents, to be recovered by any Penalty $12 50.
person who will sue for the same by action of debt in the circuit court.
Sec. to. Every person who hath any horses, cattle or hogs, shall 0J^7stoekto
have an ear mark and brand different from the ear mark or brand of have and record
all other persons; which ear mark and brand, he shall record, with the his mark,
clerk of the county where his horses, cattle or hogs are, if not already
recorded; and he shall brand all horses with the said brand from What kind of
eighteen months old, and upwards and ear-mark all hogs from six stock to brand
months old, and upwards, with the said ear mark, and ear mark or and mark*
brand all his cattle from twelve months old and upwards, with the
said ear mark or brand, and if any dispute shall arise about any ear
mark or brand the same shall be decided by the book of the clerk of
the county court where such cattle, horses or hogs are.
Sec. 7. When any person shall buy any neat cattle from anothei*, a person buy.
or come to the same by gift, will or any other lawful means, then, ing or receiving
and in such case, the person who has gained the same by any ™ anyc°Jt|grwto
of the ways aforesaid, shall within eight months brand the aforesaid fraud them'in 8
neat cattle with his own proper brand, in the presence of two credi- months,
ble witnesses, a certificate of which shall be signed by the said wit-
nesses.
Sec. 9. If any strange cattle shall go into the cow-pen of any per- Notice to be
son, the owner of that cow-pen, if he resides there, or the overseer given of strange
or manager, where the owner does not reside, shall be obliged to toanotber^pen'
give public notice thereof, by affixing a note of the flesh mai'ks, and
ear mark and brands, of all such, strange cattle as shall be at his pen,
at the church door of the district where the cow pen is, or where
there is no church, at the court house door, in one month after such
cattle shall come to his pen under the penalty of one dollar and fifty Penalty $1 50-
cents, for every beast he shall neglect to give such notice of, to be
recovered in the same manner and to the same use as the fine last
mentioned.
Sec. 10. If any Indian, negro, or mulatto slave shall kill any horse, Punishment of
cattle or hogs, belonging to any person whatsoever, without the con- slaves for killing
sent of the owner or owners thereof, or shall steal, misbrand or mis- strock!nsmarkin8
mark, any horse, cattle or hogs, such slave or slaves, shall be public-
ly whipped at the discretion of the justices before whom he or she
shall be tried j and the trial and conviction of such slave or slaves
shall be in the manner prescribed by law.
1 8 2 9.—Chapter 31.
Section 1. No person or persons shall hereafter presume to turn i^0t^n
any cattle, hogs, horses, sheep or other beasts into any island in the fsiaud '"in "the
Teunessee river in this state owned by any other individual, under Tennessee river
pain of pay ing all damages that said cattle, hogs, or horses, sheep or t0 an*
other beasts may do to the person or persons so owning such island
688
stud horses.
to be recovered by the person injured before any jurisdiction having
Not to extend cognizance thereof.
to cert'in isianda Sec. 2. Nothing in this act shall extend to islands in the Tennes-
see river south and west of the congressional reservation line.
18 3 5 .-—Chapter 62.
er spates not^o Section 1. Hereafter no person or persons whatsoever, being in-
drive their stock habitants of any other state shall presume to drive, lead, transport or
to range in theis in any manner convey any horses, cattle, hogs or other stock of what-
state> soever kind, the same may be, to winter or range on the lands of any
Penait of $2 ot^er chizen °f this state under the penalty of two dollars for each
for each head, head of stock so driven or conveyed, to be recovered by warrant or
writ before any jurisdiction having cognizance thereof, by any per-
son who will sue for the same to be applied to his or her own use.
owning land8 to Sec. 2. No person or persons whatsoever inhabitants of this state,
give leave unless shall give leave under any pretence to an inhabitant of any other state,
they keep such to drive stock of any kind to winter or range on their land, unless he,
own^iand. she, or they, will keep such stock within the bounds of their own
land; and in all cases of a breach of the foregoing act, the person com-
[Remedy by plaining may have his or her remedy by attachment under the same
attachment. rules and regulations that govern attachments in other cases.
STUD HORSES.
la8 0 3.—Chapter 20.
£ Section 1. If any citizen or other person shall suffer any stud
Penalty of horse, or stud colt, over fifteen months old, to run at large, any jus-
in5 f08rtuderTou ^ce peace, on due application made to him, that such a per-
above 15 m'nths son's stud horse, or stud colt, is running at large, the justice is forth-
old, to run at with required to issue his warrant, directed to any lawful officer of
large.] his county, commanding him to summon the owner or owners of
such stud horse or stud colt running at large as aforesaid, to appear
before some justice of the county, and upon due proof made to the
justice against the owner or owners of such stud horse, or stud colt,
suffering them to run at large, knowingly or willingly, then and in
that case, the justice shall enter up judgment against the said defen-
dant, not exceeding twenty-five, nor less than five dollars, with legal
costs, nevertheless, the party thinking himself aggrieved, may appeal
to the circuit court, as in other cases,
tf sent oil to ®EC- 2. If any person drive stock to range out of the county in
range, may be "which he or she lives, and any of said stock consists of stud horses
gelded at the ex- or stud colts, over fifteen months old, on due application and proof
pense ofownenj ma(je, to any justice of the peace, of the said county, he shall direct
such stud horse or colt to be gelded, under the immodi tte direction of
suicide treasurer.
689
some person acquainted with such operation, the expenses attending
which shall be paid by the owner of such horse or colt, to be adjudg-
ed of by the court of the county where such proceedings shall be had,
and should such stud horse or stud colt, die in consequence of being
gelded as aforesaid, the owner shall not be entitled to recover dama-
ges therefor.
Sec. 3. When any stud horse or stud colt is found running at Where owner
large, contrary to the intent and meaning of this act, the ownei being 13 unknown*
unknown, in such case the same proceedings shall be had, and the
same restrictions observed, as is provided by the second section of
this act, against persons driving stud horses or stud colts, to range out
of the county in which he or they live.
Sec. 4. All fines imposed by virtue of this act, shall be paid over by j>ineg to he
the constable or other officer receiving the same, to the county trus- applied to co'nty
tee, wherein such fine shall be collected, and the said money shall be PurP°seB-
applied by the court to county purposes.
1835, Ch. 13, § 4. (Penalty of $250 to stand a stallion or jack for
money, without first obtaining a license from the clerk of the county
court. See Revenue.)
SUICIDE.
constitution, article i. section 12.
1787.—Chapter 31.
Section 1. In all cases of suicide or self-murder, hereafter happen- Eatates to ba
ing, administration may be applied for and granted, as in the cases of managed is in
natural and ordinary death, and debts shall be paid, and distribution °.ther caseB*
made, agreeable to the laws that are, or may be made and provided
for the management and distribution of the estate of persons dying
intestate; and no forfeiture shall be hereafter incurred by suicide or
self-murder.
TREASURER.
constitution. art. vii. SlIC. 3.
180 7,—Chapter 66.
Section 5. If any treasurer of this state, at the time he goes out
of office, shall fail or refuse to deliver or pay over to his successor in office, and not
88
690
i KEASU HliiK#
paying over, to office, all money in the treasury, or which he is by law bound to pay
be moved agBt. over, it shall fie the duty of the attorney general of the district in
which such treasurer may reside, to move the circuit court for judg-
ment on the bond of such treasurer and his securities; md it shall
he the duty of the court to enter the same against the said treasurer
and his securities, for all moneys due or owing by him to the state:
Notice 10 days. Provided, Said treasurer have ten days previous notice of such mo-
tion; and execution shall issue on said judgment as in other cases.
18 3 5.—Chapter 27.
{Election of pro- Section 1. There shall be elected by joint vote of both houses ot
vided for. the General Assembly, a Treasurer for the state, who shall, pre-
Enter into bond, vious to entering on the duties of his office, enter into bond with ten
or more securities, in the sum of one hundred thousand dollars, pay-
able to the Governor for the time being, and his successors in office,
in trust for the use of the state, conditioned for the faithful perform-
ance of all duties enjoined and required by law to be by him per-
formed, for the faithful accounting for and paying over all moneys
that may be received by him from time to time by virtue of his office,
and for the safe delivery to his successor in office of all books, mon-
eys, vouchers, accounts, and effects, belonging to his said office; the ex-
ecution of which bond being duly acknowledged before some judge of
the supreme court, who shall certify the acknowledgment of the bond
and the sufficiency of the security, which bond shall be deposited in
the office of the secretary of state, and shall there be recorded; and
he shall take an oath before said judge to support the constitution of
the United States and the State of Tennessee, and the following oath:
0ath* I, A B,j3o solemnly swear, (or affirm, as the case may be) that I will
faithfully execute the office of treasurer agreeable to law, and accord-
ing to the best of my skill and ability—so help me God.
Sec. 2. The treasurer shall keep his office at the seat of govern-
Office at seat of ment, and do and perform all the duties appertaining thereto, which
Government. may jje reqUjrec[ Gf him by law or resolution of the General Assem-
bly.
Sec. 3. Said treasurer is hereby authorized and required to re-
Tore'eiveaii ceive of the several collectors of public revenue, all taxes accruing
public moneys. to the state, and all other public moneys payable into the treasury,
by virtue of any act or acts of the General Assembly.
Sec. 4. It shall not be lawful for the treasurer to pay any money
To pay to order on account of the public, but on warrant from the comptroller of the
and CnotPtotber.* treasuiTj except t^e salary of said comptroller; and no money shall
wise. " be paid out of the public treasury, unless the law or laws under
which the same may be claimed or demanded, shall expressly direct
and order that the same shall be paid out of the public treasury, and
the warrant showing the name of the person in whose favor drawn,
and the nature of the claim upon which it is founded.
Sec. 5. Said treasurer shall keep in a book or books, true, faithful
oT^ereipfs^and an(^ just accounts of all the money received by him from time to time,
payments. on the respective taxes and impositions by any act or acts of Assem-
bly; and also of all such sum and sums of money as he shall pay out
of the treasury on warrants by him received and paid out, under dis-
tinct heads.
TREASURER.
691
Sec. 6. No person or persons shall draw any money from the pub- ^ Money not to
lie treasury, until all debts, dues and demands, owing by him to the ^btsdue."6
state, are first liquidated and paid off.
Sec. 7. If said treasurer divert or misapply any money paid into Penalty for mis-
the tre isury contrary to any act or acts of Assembly, said treasurer, app'yins fun<*«.
for such offence, shall forfeit his office, and be incapable of holding
any office of trust or profit whatsoever in this state, and shall, more-
over, be liable to pay double the value of any sum or sums so misap-
plied, to be recovered for the use of the state, by motion of the comp-
troller or his attorney, in any court of record in this state: Provided,
Ten days previous notice be given in writing of such motion to said
treasurer so offending.
Sec. 8. Whenever the office of treasurer shall hereafter become ®°vent°rto fill
vacant by death, resignation or otherwise, during the recess of the c^n°y °
General Assembly, the Governor shall immediately proceed to fill
the office of treasurer by the appointmentof some person qualified to
discharge the duties of said office, who shall,before he enters upon «.CT° f1™ other
the duties of his office, enter into bond with such securities as shall cas'esa
be approved of by the Governor, in the penalty prescribed by law;
and he shall perform all other duties, and shall be liable to the same
penalties, and shall receive the same compensation as the treasurer
who may be appointed by the General Assembly; and it shall be the
duty of the comptroller of the treasury to settle the accounts of the de-
ceased, resigned or removed treasurer, where some person in behalf of
said treasurer may attend for the purpose ofaiding in such settlement;
and the comptroller having made such settlement, shall deliver over
the books, papers and money belonging to the treasury, to the trea-
surer so appointed, and take his receipt therefor; and the comptroller
shall file in his office a statement of such settlement, together with
the receipt which shall be by him recorded in his office.
Sec. 9. The treasurer shall exhibit to each regular session of the Treasurer to
General Assembly, an exact statement of the balance in the treasury, make statement
to the credit of the state, with a summary of the receipts and pay- ^m®eyrieral As"
ments of the treasury during the two preceding years.
Sec. 10. The treasurer shall deposit all moneys that shall come to to make depo-
his hands on account of the state, within three days after receiving sits in bank,
the same, in such bankor banks as in the opinion of the comptroller
and treasurer shall be secure, and pay the highest rate of interest to
the state for such deposit; and the money so deposited-shall be
placed to the account of the treasurer, and he shall only check there-
for to pay the warrants of the comptroller, always making his said
checks payable to the payee of warrants.-
Sec. 11. The several banks where public deposits are made by
the treasurer, or any other person depositing by the directions of the
treasurer, shall transmit to the comptroller and treasurer monthly ment.
statements of the moneys which shall be received and paid by them
on account of the "treasury, and no Money shall be drawn from any
such banks unless by checks subscribed by him as treasurer, and
countersigned by the comptroller, and no money shall be paid by
either of said banks on account of the treasury, except upon such
checks.
Sec. 12. The treasurer shall keep a general leger of accounts, into Manner of keep,
which he shall post all the receipts and disbursements at his of- lng Lee8r-"
fice, arranging 1he receipts and disbursements under the heads to
692
trksvass.
•which they properly belong; he shall open on the said leger a gene-
ral account of receipts and disbursements, which last mentioned ao
count he shall compare with the books kept by the comptroller in his
office, on the last day of each quarter of the fiscal year in each year,
which fiscal year shall commence on the first day of October, and
end on the thirtieth day of September, and after having made them
correspond, shall strike the balance on the said account, shewing the
amount at that time in the treasury due to the state; which balance
shall be carried forward on the books to the general account for the
next quarter. The treasurer shall keep accounts on the books of
his office with the different banks in which the public revenue or
money is deposited, on which balances shall be struck at the aforesaid
periods, showing the amount in bank to the credit of the state at the
end of each quarter; and he shall moreover keep a general cash ac-
count, which shall be balanced at the aforesaid periods, showing the
balance in the treasury office at the end of each quarter.
To hold o Sec. 13. The present treasurers shall hold their office until the
years,Vnd^euie first day of March next, and no longer; and the treasurer who shall
with present be elected under the provisions of this act, shall enter upon the duties
Treasurer. 0f his office on said first day of March next, and shall hold his office
for the term of two years, and until his successor is elected and qua-
lifted; and it shall be the duty of the comptroller of the treasury to
settle the accounts with the present treasurers, and having made such
settlement, shall deliver over the books, papers and money belong-
ing to the treasury, to the treasurer so appointed, and take his re-
ceipt therefor; and the comptroller shall file in his office a statement
of such settlement, together with the receipts, which shall be by him
recorded in his office.
Sec. 14. (Salary $1500. See Salaries.)
Sec. 15. All .laws now in force authorizing the appointment of
Old law re- three treasurers, and all laws coming within the purview and mean-
pe^ed.' ing of this act shall be and the same are hereby repealed.
TRESPASS.
17 1 5.—Chapter 27.
Sec. 5. (Trespass cannot be brought after three years. See Lim-
itations.)
t in facts Sec. 7. In all actions ol trespass quare clausum f regit, wherein
to be*pleaded in the defendant or defendants shall disclaim in his or their plea, to
discharge. make any title or claim to the lands in which the trespass is, by the
declaration, supposed to be done, and the trespass be by negligence,
or involuntary, the defendant or defendants shall be admitted to plead
a disclaimer, and the trespass was by negligence or involuntary,
and a tender or offer of sufficient amends tor such trespass before
the action brought whereupon, or upon some of them, the plaintiff or
trustees trustee of county".
693
plaintiffs shall be enforced to join issue, and the said issue be found
for the defendant or the plaintiff shall be non suited, the plaintiff
shall be clearly barred from the said action, and all other suits con-
ceming the same.
TRUSTEES.
1831.—Chapter 107.
Section 1. When any trust shall have been created by deed, or
last will and testament in this state, and the trustee shall wish to re-
sign the same, it shall be lawful for him to appear in open court, in to the circuit or
any circuit court of the county in which he resides, or where the chancery court,
cestui que trust resides, or in the chancery court of the~district, and
make known all the circumstances of the case; and if the judge or
chancellor shall think it right and proper to permit said resignation,
and cestui que trust has been notified, to cause said resignation to be To appoint ano-
recorded, and to appoint a successor, taking in all cases proper to ther trustee,
require it, bond and security of such successor for the faithful execu-
tion of said trust.
Sec. 2. In all cases of trust created, as aforesaid, when it shall be
made appear to the chancery court of the district, or the circuit court Trustee may be
of the county where said trustee resides, or where said trust was in- rem'vedon good
tended to be executed, that the trustee appointed either fails or re- cause shown*
fuses to serve, to appoint another in his stead, in the same manner as
& mentioned in the first section of this act.
TRUSTEE OF COUNTY,
constitution. article yh. section 1.
179 6.—Chapter 15.
Section 5. The different trustees shall, at the next county court,
after they shall be elected enter into bond with sufficient security to at fira/court af-
the chairman of the county court and his successors in office in such ter election,
penal sum as the court may direct, conditioned for the safe keeping
and faithful payment of all county moneys which shall be deposited
in their respective hands, agreeably to the orders of the court of
Q24, TRUSTEE OF COUNTY.
the county in which they shall be appointed trustees, and the faith-
ful discharge of their duties. (See 1821, ch. 17.)
counts ®EC' It shall be the duty of the different trustees tokeepfrir
of receipts and
and regular accounts of all the county moneys which they shall re-
disbursements, _ ceive, and to pay the same agreeably to the different appropriations
that may be made by the county court, and keep fair and regular
accounts of the same.
17 97.—Chapter 14.
in what tore. Section 4. The treasurer appointed in each county shall re-
veloueC°Unty 16 ce*ve fr°m ^e collectors, besides specie, jurors'certificates, and oth-
er certificates, for which the county by law stands indebted; and for
c his services in receiving and disbursing the same, together with the
nsa on" several duties necessary thereunto, shall receive five dollars for eve-
ry hundred dollars so received, and disbursed.
1817 .-Chapter 125.
Rents of school Section 7. All money that is collected, and is due and to be»
Ue^with^ount8* come ^ue from the rents or leases of school land, and that has not
trustee1 fo^use been appropriated to the use of academies, be and the same is here-
of schools. by directed to be deposited with the trustee of the county where
such money has been, or is to be collected, and to be for the use of
schools and the instruction of children.
1819.—Chapter 53.
Section 10. When it shall so happen that a deficiency arises in
the tax collected for a specified purpose, and a surplus may remain
in the hands of the trustee, which has been levied, and collected for(
other and different purposes, it shall be the duty of said trustee to
apply such surplus to the extinguishment of such claim against the
county, for which an adequate levy shall not have been made, as
the county court shall order: Provided, All claims against the
county for the satisfaction of which said levy was made shall have
been discharged.
1821.—Chapter 17.
Accounts of Section 1. Upon the resignation, removal or expiration of the
uncollects stray term of service, of the trustee of any county, in whose hands there
lTvered m ^om- may be at the time of such resignation, removal or expiration of
inisskmers C°a™"- service, any accounts for strays uncollected or for which judgments
pointed to settle may have been obtained, it shall"be his duty to make out and deliver
trustee retirinS over to the commissioners appointed to settle with him, a list of all
such uncollected accounts, judgments, &c., which shall be by said
commissioners handed over to the acting trustees for collection;
Trustee'" "bond an(* hereafter the penal sum in which the county trustees and their
at discretion°of securities shall be bound for the faithful discharge of the duties of
justices, said trustees shall be at the discretion of the justices of the county
court.
Surplus oftax
for a particular
purpose, how
appropriated.
TRUSTEE OF COUNTY.
695
1821.—Chapter 33.
Section 1. It shall be the duty of county trustees, to pay all
the just claims against their county as they may be presented to
them, if they have a sufficient sum of money in their hands not oth-
envise appropriated, and in case they fail or refuse to pay any just
claim that may be presented, and the law directs, it shall be lawful
for the person or persons so applying to take a judgment on motion
in the circuit court where the trustee may reside, in the same way
and under the same rules and restrictions that judgments are taken
on motion against sheriffs.
1821.—Chapter 34.
Section 3. When any person may have filed his certificate with
the county trustee, agreeably to an act of 1819, it shall be the duty
of the trustee to give such person filing such claim a receipt, or en-
dorse on the back of the claim, stating the amount of such claim,
and such receipt shall be a good and valid tender to the sheriff or
collector for county tax, as the original certificate.
182 3.—Chapter 42.
Section 3. No county treasurer who may be an acting justice Not to vote as
of the peace shall be competent to vote on any question which may justice on appro-
come before the county court, touching the moneys in his hands as priations"
treasurer.
1825.—Chapter 51.
Section 11. The county trustee of each county, at the second To report to
term of the county court, held after the first day of January, in each firs* COurt *n
i ii i , . , ,i > , /> i.ii-. each year rec'pta
year, shall make a true report to the county court tor which he is trus- % disbursem'nts
tee of all the moneys that have come into his hands for and during the
preceding year, and likewise the amount paid out by him for the use of
said county, showing particularly for what the same was disbursed,
which report shall be made on oath; and any trustee failing or neg- Ne lgct Jndlct.
lecting any of the duties herein required shall be subject to indict- abie!g CC °
ment in the circuit court, and on conviction, be fined not less than
twenty-five dollars, and be removed from office.
18 2 7.—Chapter 49.
Section 11. It shall be the duty of the clerks of the county and When clerks
circuit courts of the several counties, and the supreme courts, in ten money" pub*
days after the time appointed by this act, for making settlement with "
the commissioners of the county revenue, to pay to the county trus-
tee, all moneys with which they are made chargeable, by said com-
missioners for the use of the county after deducting two and a half
per cent, therefrom as commissions for collecting and paying over
the same.
Claims to be
paid as present'd
Judgment by
motion vs. Trus-
tee.
To give re-
ceipts to claim-
ant on filing
claim, or en-
dorse on back.
696
TRUSTEE OF COUNTT.
Claims to be Sec. 19. When any claim chargeable against the county is pre
listed, numbered sented to the county trustee authenticated as required by this act
ov/ner.iVered t0 (secs* 16, 18. See County Courts,) he shall enter and number
the same in a book to be kept by him for that purpose, noticing par-
ticularly the date, amount, to whom payable, and day on which said
claim was presented upon the back of which shall be endorsed the
number, and shall pay all such claims according to the order in
which they have been by him listed and if there be no funds to pay
said claim, the same shall be delivered to the owner with the number
endorsed thereon.
§ 20 and 23. (When, and how to settle, and evidence to be
produced by the clerk of the county court. See Revenue Commis-
sioners.)
To settle im- ®EC' anY c°unty trustee shall resign or another per-
mediately on re- son be appointed, said trustee so resigning or superseded, shall im-
tiring with the mediately make settlement with the commissioners of the revenue
Com. of Rev. ^ ancj pay 0Ver t^e balance in his hands to his successor, for which
payment to take duplicate receipts one of which shall be filed with
the clerk of the county court and by him recorded in the revenue
docket; and if said county trustee shall tail, refuse or neglect to pay
Attorney Gen- over the balance of revenue in his hands, as herein required, the at-
erai to move if torney general shall move the circuit court for judgment against him
balance not paid , ,J. ® ... . . . , , . ■, ,J ? ° „
over. and his securities, and it is hereby made the duty ot said court to ren-
der judgment for the same and issue execution as in other cases.
To be moved Sec. 25. If any trustee shall have funds in his hands and fail,
\s.on failing to refuse or neglect to pay the holder of any legal claim when pre-
inhi6banjsUndS sente^ according to the order in which it is listed, the owner of such
' claim shall be entitled to a recovery for the same against such coun-
ty trustee and his securities by motion before the circuit court on
giving ten days notice.
Sec. 26. If any county trustee shall resign or go out of office
to g^/up1book ky Ibe appointment of another person, he shall deliver over to his
in which claims successor the book in which the claims chargeable against the coun-
are listed. ty are listed and numbered, which shall regulate the payment of the
claims therein entered.
1829, Ch. 15. (When ruled to counter security. See Security.)
1829, Ch. 28, $ 1 and 2. (Not to speculate in county claims.—
See Misdemeanors.)
{, 1829, Ch. 37, { 19. (Entitled to credit for stray money not
collected. See Ranger and Strays.)
1833, Ch. 86. (Not to move against collector when he has not
received tax list. See Collector pf Revenue.)
1833, Ch. 89. (To pay for coffin in which paupers are interred.
See Poor.)
1835, Ch. 2, $ 4 and 5. (Election, and time and manner of
entering upon office. See Elections.)
TURNPIKE ROADS. 697
TURNPIKE ROADS.
I 8 33.—Chapter 96.
Section 1. If any person or persons shall erect or cause to be
erected across or on the Nashville, MuTreesborough and Shelbyville,
or the Nashville and Franklin, or any other turnpike road, any fence,
or throw any oth r obstruction thereon, or shall dig up or remove the
stone, gravel or earth of which said road is constructed, or in any
wise obstruct or injure said road, or shall knock down or in any wise
injure or deface any of the mile posts on said jroad, or shall pull down
or injure, or set fire to any bridge, culvert or other building erected
by the said turnpike company on said road, willfully and intentionally,
such person or persons so offending shall, for any of said offences
be liable to indictment in the circuit court of the county where such
offence may be committed, and upon conviction, shall be fined and
imprisoned, or fined only, at the discretion of the court, and moreover
shall be liable to pay the company such damages as they may sustain
thereby.
Sec. 2. If any person or persons shallwillfully and intentionally
destroy or remove any obstructions which may be placed on said road
by the agents of the company for the preservation of said road, such
person or persons shall, for every such offence, forfeit and pay five
dollars, to be recovered by warrant, before any justice of the peace
in this State to the use of the State.
183 5 .---Chapter 54.
Section 1. The several County Courts of this State, are hereby ent8Sup®finJ„r^*
authorized and required to appoint three commissioners or Superin- pikegf ^.c f to bg
tendents who shall be disconnected with the owner or owners, either appointed,
by consanguinity or affinity, and not interested in the profits or tolls
arising from the turnpike road or bridge, who shall receive such
compensation for their services as shall be allowed them by the County
Court of the county wherein such services are rendered, and shall
allow them to be paid by the owner or owners of such turnpike road
or toll bridge, whose duty it shall be to look over the several turnpikes
and toll bridges within their respective counties, and see that the
same are kept in such repair as is required by law; and whenever
in the opinion of said superintendents, the said turnpikes or toll
bridges shall manifestly be in bad condition, a majority of said
commissioners or superintendents shall have the power to open the
gates of said public ways until the same shall be put in good order
and condition: Provided, That nothing herein contained shall be so
construed as to authorize the said courts to supersede the commiss-
ioners now in office, or to limit said court in appointing as many
different sets of commissioners, as may in their discretion be right
and proper.
89
Obstructing
turnpike roads.
Removing ob-
structioni.
jgg TURNPIKE ROAW-
Punishment Sec. 2. It any grantee or owner of a turnpike or toll bridge, or
or rwpiving u- any keeper of a gate on any turnpike or toll bridge, or any other
eguitoii. person whitever, shall demand or receive any toll, or shall close any
gate, or put any other obstruction in any such turnpike road or toll
bridge, for and during the time that said gates are required to be kept
open by the commissioners appointed as aforesaid, he, she or they
shall be guilty of a misdemeanor and be liable to an indictment or pre-
sentment of a grand jury of the county where such offence may have
been committed, and upon conviction thereof, shall be fined in a sum
not exceeding one hundred dollars, and may be imprisoned not more
than ten days, at the discretion of the court.
Duty of grand Sec. 3. It shall be the duty of the several grand juries in this
urora' State, to make diligent inquiry into all violations of this act that may
arise in their respective counties, and in all cases when any grand
jury shall have a well grounded belief that the second section of this
act has heeii violated, to summon any person or persons whom it is
believed will establish any such offence, and make such indictment
or presentment as the proof before them will warrant and require.
Of refusal to Sec. 4. If any grantee or owner of any turnpike road or toll gate
repair road. shall fail or refuse for the space of six months at any one time to put
the same in good repair, it shall be the duty of the Attorney General
(upon satisfactory information being had) to issue a scire facias in the
name of the State of Tennessee stating the charge and complaint,
and requiring the party to appear and show cause why the charter
granting said turnpike road or toll bridge should not be vacated,
forfeited and annulled, and if the grantee or grantees, owner or own-
ers of such turnpike or toll bridge named in such scire facias should
be non-resident, then and in that case, the Attorney General shall
make an order of publication as in the case of non-resident defend-
ants in Chancery, and the said courts shall proceed to hear and
determine all such cases agreeable to law, and pass judgment and
decree accordingly.
Of ex- Sec. 5. In all cases where a turnpike road shall run through two
tending to two or more coun<ies, then and in those cases, the county containing the
or more countiei ja(.gegt portion of said road, shall have the appointment of said com-
missioners. _
Oath of Com* Sec. 6. The commissioners appointed under this act shall, at the .
missioner*. time of their appointment take in open court the following oath, to
wit: "We, ABCD, and E F, do solemnly swear that in the execution
of the duties required of us as commissioners of the turnpike roads
and toll bridges, that we will do equal and impartial justice between
the State or county (as the case may be) and the owner or owners,
to the best of our knowledge and belief, and that we are not inter-
ested in the profits or tolls arising therefrom, So help me God."
183 5.—Chapter 66.
Proprietor* or Section 1. All proprietors of turnpike roads and toll bridges, or
keeper* of turn- the keepers thereof, or either of them, shall be subject to be punished
pike or toll for permitting their roads or bridges to remain out of repair, in the
bridge liable a* r j j 1 ° . , r .
ovorseer. same manner and under the same rules, regulations, and restrictions
. that overseers of public roads are now subject to, according to the
laws of this State.
VAGWANTg.
699
VAGRANTS.
1801.—Chapter 22.
Section 1, Any person or persons who have no apparant means 8_al'|rt0®"^nri^
of subsistence, or neglect applying themselves to some honest calling
for the support of themselves and families, every person so offending
who shall be found sauntering about neglecting his business, and
endeavoring to maintain himself by gaming or other undue means,
it shall and may be lawful for any justice of the peace of the county
wherein such person may be found, on due proof made, to issue his
warrant for such offending person, and cause him to be brought be-
fore said justice, who is hereby empowered, on conviction, to demand
security for his good behavior, and in case of refusal or neglect, to
commit him to the jail of the county for any term not exceeding five
days, at the expiration of which time he shall be set at liberty if
nothing criminal appears against him; the said offender paying all
chirges arising from such imprisonment; and if such person shall
be g lilty of the like offence from and after the space of thirty days,
he, so offending, shall be deemed a vagrant, and be subject to one
imnths imprisonment, with all costs accruing thereon, which if he
neglects or refuses to pay, he may be continued in prison until the
next court of the county, who may proceed to try the said offender,
and iffour.d guilty by a verdict of a jury of good and lawful men, said
court may proceed to hire the offender for any space of time not ex-
ceeding six months, to make satisfaction for all costs, but if such per-
son or persons so offending, be of ill fame,so that he or they cannot be
hired for the costs, nrr give security for the same and his future
good behavior, in that case it shall and may be lawful for the said
court to cause the offender to receive not exceeding thirty-nine lash-
es, on his bare back, after which he shall be set at liberty, and the
costs arising thereon shall become a county charge; which punish-
ment may be inflicted as often as the person may be guilty, allowing
thirty days between the punishment and the offence.
Sec. 2. It shall not be lawful for any person or persons of ill fame Persons of iU.
Or suspicious character, to remove him or themselves from onecoun- ^wUhoVt°»cer"
ty to another in this state, without first obtaining a certificate from tifieate.
some justice of the peace of said county, or captain of his company,
setting forth his intention in removing, whether to settle in said coun-
ty, or iftraveling, to set forth his business and destination, and if
such traveller should be desirous to stay in any county longer than 0^ottl[°n
ten days, he shall first apply to some justice of said county for leave, ™a°yg in anyc'ty
and obtain a certificate for that purpose, setting forth the time of his without a per.
permission, and if sueh person shall be found loitering in said county mxu
after the expiration of his permit, or fail to obtain the same agreea-
ble to the true intent and meaning of this act, such person or persons
so offending may be apprehended by any person or persons, and car-
ried before some justice of the peace, who may inquire into his char-
acter and business; and fine him at his discretion, not exceeding ten
700
VENUE.
Penaty on fail- dollars; but if said traveler shall be found on examination, to be a
wfth*0ieCprovis• person of ill fame, and there is reason to suspect he is loitering in s-aid
ions of this act. county for evil purpose, attempting to acquire a living by gambling,
or other bad practices, such justice shall have power to commit any
porson of like character, until he shall find good and sufficient becu-
rity for his good behavior, for any time not exceeding ten days, and
said justice of the peace or court of the county shall proceed against
such offender, in the same manner as is heretofore prescribed for \a-
grants.
fwTarboring^va- ®EC* ^ not be lawful for any house keeper to harbor any
grant. idle person of the character aforesaid, for any longer time than is
heretofore specified, under the penalty of twenty dollars for every such
offence, to be recovered by warrant before any justice of the peace
of the county where the offence is committed.
Justices to is- ®EC* sh&ll be the duty of each justice of the peace, on infor-
sue warrant for mation being made on oath to him or them, that there is a person or
vairants on in- persons of the aforesaid discription, loitering in his or their county
ormatjon. an(j }n cage or they shall issue his or their warrant against
such person or persons agreeable to this act: And Provided, he or
they shall neglect or refuse so to do, it shall be deemed a misdemenn-
or in office, for which he or they shall be impeachable, and on convic-
tion be removed lrom office.
VENUE.
October, 18 0 9.—Chapter 49.
Venue chang- Section 17. When a change of venue shall be allowed in any suit,
ed to the near- the trial thereof shall be adjourned under the direction of the judge to
«st county, the nearest adjoining county which is free from the like exception.
And the trial of such cause in the court to which it may be adjourned
shall be by a jury of freeholders.
1 8 09.—Chapter 126.
incounty where Section 3. In all criminal cases the trial shall be had in the coun-
the offence was ty in which the offence n ay have 1 een committed, in actions touching
committed, etc. the freehold, the trial shall be had in the county in which the free-
hold maybe situated, and in all transitory action the right of action
shall follow the person of the defendant, subject in every instance to
a change of venue according to the provisions of the lain.
1811.—Chapter 72.
No change of Section 17. The circuit judges shall not hereafter allow a change
venu< out of of venue in any case now or hereafter pending in any of said circuit
term time. courts out of term time.
VENUE.
701
1815 .—chapter 166.
Section 8, The judges of the circuit courts may in all cases at any ch^gedfo^ood
time either before or after the first trial term, so long as the suit may cause shown,
be in a state to be tried by a jury, be, and are hereby authorized to
change the venue on a sufficient case set forth, and suppdrted by oath
or affirmation, showing that a fair and impartial trial cannot be ob-
tained in the county in which such suit may be pending.
181 9.—Chapter 43.
Only one change
Section 1. In all civil causes neither party shall be entitled to of venue in civil
change the venue but once only. casea*
182 5.—Chapter 78.
Section 1. It shall not be lawful for a change of venue to be allow- Necessary af-
ed in any civil or criminal case, unless the application for said change fidavit to obtain
is supported by the affidavit of the party wishing the same, that he yehanse ofvei1'
does verily believe that owing to prejudice, or other cause or causes,
existed or axisting, he cannot have a fair and impartial trial in the
county where the cause is or may be then pending; the truth of which
allegation so made by the party aforesaid shall be verified and sup-
ported by the oath of at least three respectable disinterested per-
sons; which said cause or causes for change of venue made and
supported as aforesaid, the judge presiding on the cause shall consid-
er, and if in his opinion the cause is good, and the truth thereof evi-
dent and credibly supported he may and shall allow the change pray-
ed for.
1825, Ch. 82. (When a jury of freeholders cannot be had in
cases where venue is changed, then house holders competent. See
Jury.)
18 2 7.—Chapter 30.
Section 1. All laws and parts of laws heretofore passed authorizing Repealing clause
the change of venue in criminal cases, be, and they are hereby re-
pealed.
Sec. 2. If any defendant or defendants upon a charge of a criminal Affidavit for
nature where by law, he, she or they now could change the venue of continuance on
said cause or causes if he, she or they will make oath that there ex- cite°ment or p"*
ists too great an excitement to their prejudice to come to trial at the judice.
first term, it shall be a sufficient cause for a continuance for one term
only; Provided, that when any criminal case shall be pending before
any of the courts, and the judge presiding shall upon an attempt to
select and empannel a jury for the trial of said criminal or criminals
be of opinion that a fair and impartial trial cannot be had in the coun-
ty where such trial is attempted to be had, said judge shall and may
VERDICTS—-WARE-HOUSES.
have it in his power to change the venue of said cause to the next
adjoining county convenient to the parties; Provided, the accused
agree thereto.
VERDICTS.
180 5.—Chapter 45.
Section 1. All verdicts heretofore rendered in any of the courts
tain caseg where , . * ■» i it- t_*
judgments were *n this state, and recoveries had thereon, and where it appears that
not entered to be such verdicts have been acquiesced in by the parties, notwithstand-
denceted *M *nS £lei'k maY have neglected to enter the judgment of the court
formally thereon, a copy of such verdict or verdicts, certified by
the clerk, shall be admitted as evidence in any court, in as full and
ample a manner to all intents and purposes as though the judgment
of the court had been entered up at the time it ought to have been
done.
Clerks to enter Sec. 2. In all cases hereafter it shall be the express duty of each
an cases?6"18 iD anc* eveY c^er^>to enter up judgment of the court on their records af-
ter the verdict of the jury.
18 13.—Chapter 31.
Verdicts in old Section 1. All verdicts heretofore rendered in any of the old su-
superior % c0un- perior or county courts in this state, and recoveries had thereon, and
4]ven""as"evid'ce w^ere aPPears ^at such verdicts have been acquiesced in by the
tho'nojudgm'nt parties notwithstanding the clerks may have neglected to enter the
entered. judgments of the court formally thereon, a coj y of such verdict
certified by the clerk shall be admitted as evidence, and shall have
the same effect in any court in as full and ample a manner to all in-
tents and purposes as though the judgment of the court had been en-
tered up at the time it ought to have been done.
WAREHOUSES.
1 79 9."-Chapter 45.
storage allow Section 1. If any person or persons shall hereafter build at any
*■ of the places of inspection a warehouse that shall be deemed by the
court of the county sufficient to keep tobacco in safety from in-
WEIGHTS AND MEASURES*
70S
juries, said person shall be allowed for storage of each hogshead for
the first month, at the rate of fifty cents, and for every succeeding
month, at the rate of twenty-five cents, which said moneys shall be
paid by the person taking away said tobacco, to the inspectors, wha
shall be accountable to the owner of said warehouse for all suchmon-
eys so received.
1815.—chapter 29.
section 1. From and after the passage of this act, the county county court« to
courts shall have power to fix on any place they shall think proper, authorize ware
for the building of ware-houses, and appoint inspectors, and fix on houses t0 be b'u'
places for the inspection of flour, tobacco, hemp, pork and other arti-
cles for exportation; any law to the contrary notwithstanding. Which
ware-house, when so established, shall be under the same rules, reg-
ulations and restrictions, as are prescribed by the laws of this state,
ior ware-hou-ses and public inspections, and the same rate of toll and
inspection fees shall be allowed at said ware-houses, as is now point-
ed out by law.
sec. 2. The clerk of the court shall be entitled to, and receive the Clerks' fees,
sum of seventy five cents, for entering the order of the court, and fur-
nishing a transcript to the person or persons authorized to erect such
ware-house.
sec. 3. There shall be at least nine of the acting justices of the Nine justicea
peace present, when any license issues to any person for the erect- to be present,
ing a ware- house, and there shall not be more than three ware-hous-
es in any one county of the state.
18 31.—chapter 108.
section 1. All ware-houses used for the purpose of storing tobac-
co, flour, cotton, hemp or other goods, wares and merchandize, for the
purpose of making profit thereby, or toll charged for storage therein,
shall be deemed and considered as public ware-houses, and the owner
or owners thereof, or the person using and profiting thereby, shall
be, and is hereby declared to be subject to all liabilities, penalties and
advantages, that the keeper of public ware-houses are by law.
WEIGHTS AND MEASURES.
17 41.—chapter 17.
section 8. The standard keeper of each and every county in this
State, is hereby empowered and required, with the assistance of a
constable, (who is hereby commanded, upon notice to attend him, up-
on information made to him of any person or persons keeping or hav-
ing in his, her or their house or custody, any steel-yards, weights or
All ware-lioua-
es used for stor.
age to be deemed
public.
Standard kee.
per ai d consta.
ble to search for
falsified weights
and measures.
704
WEIGHTS AND MEASURES.
measures, which have been altered, lessened or shortened,since they
were tried and sealed by the standard or shall be suspected of buying,
selling or bartering by such false weights and measures) to March
Constable to house or other suspected places of such offender for any such
arrest owner of weights or measures so falsified, and if upon search any such false
such measures weights or measures shall be found, he shall charge a constable with
u>C'biuddoverllto the owner of them, or the person using them, who shall forthwith
court. convey him, her or them, before any justice of the peace, w ho is here-
by directed to bind him, her, or them over to the next court to be held
for the county where the offence shall be committed, and the said of-
fence shall be laid before the grand jury by the Attorney General, and
shall be cognizable by the said grand jury either by indictment or
presentment; and if upon trial by a petit jury such offender or < ffen-
offender found ders shall he found guilty, the court shall fine each and every person
guilty to be fin. so convicted in any sum not exceeding sixty two dollars and fifty cents,
|d62°50XCeedmg °ne Part thereof to the informer, one third part to the standard
keeper, and one third part to the county, and shall commit the offen-
der to jail until the same shall be paid.
18 0 3.—Chapter 11.
laid^getTtarT- Section 1. It shall be lawful for a majority of the justices of the
dard of weights several counties in this state, when in session, to lay a tax for the
and measures, * purpose of procuring a standard of weights and measures ;and the tax
when laid shall be collected and accounted for as other county taxes
are; and after the standard is procured, surplus money if an) shall
be paid over to the county trustee, for other county purposes; and
F Amount of tax the tax when laid shall not exceed four cents on each white poll, eiyht
that may be .laid cents on eacb black poll, four cents on each hundred acres of land,
eight cents on each town lot, twelve and one half cents on each stud
horse, kept for mares, or five dollars on billiard tables, which tax
when collected shall be deposited in the hands of such person as may
be elected by said court to keep the standard of such w eights and
standard of measures as is herein after mentioned, that is to say, sealed weights
ure's spedfiecf3S" ^alf hundred, quarters of hundred, seven pounds, four pounds, two
pounds, one pound and half pound; measures of ell and yard brass or
copper, measures of half bushel, peck and half peck, of dry measure;
a gallon bottle, quart, pint, and half pint, of wine measure; stamps b >r
brass, tin, iron lead, or pewter, and also brands for wrood measures.
dHrd^e/e/1311" ®EC' 2. Each standard keeper when elected shall take the follow-
ing oath.
I, A. B. do solemnly swear {or afiirm as the case may he) that I will
not stamp or seal any weights or measures, hut such as shall as near as
possible, agree with the standard in my beeping, and that I vill in all
respects truly and faithfully discharge the trust reposed in me, to th
Fees of stan- °f andjudgment.—So help me God.
dard keeper. Sec. 3. The standard keeper shall not demand or receive greater
or larger fees than are herinafter mentioned; that is to say,twelve and
a half cents for each weight or measure, so stamped or sealed un lor
the penalty of fifty dollars to be recovered by action of (hbt before any
justice of the peace, one half to the use of the county and the other
half to the use of such person as may sue for the same.
Sec. 4. It shall be the duty of each standard keeper immediately
widows.
705
upon the receipt of the weights and measures aforesaid, to advertise standard keep
at the muster ground of each captain's company within his county ^ the
that such standard is in his possession, the object of which is to pre- reception o' the
elude each citizen for the space of ten months from and after the standard etc.
date of the advertisement aforesaid, incurring the penalty hereinaf-
ter set forth,namely that if any person shall sell any article by weight
or measure, without first having his weights and measures branded or
stamped as the case may be agreeably to the directions contained PenaTt for
in this act, such person or persons so offending shall forfeit and pay gening^without
for every such offence the sum of one dollar to be recovered before standard etc.
any justice of the peace one half to the use of the county and the olh-
er half to the use of such person as may sue for the same.
Sec. 5. The standard keeper shall on the receipt of the money,
enter into bond with approved security to the chairman of the court 'bond&c
and his successor in office, conditioned for the purchasing orprocur-
ing the standard of weigths and measures as aforesaid,which standard
shall be kept in the town or at the place where the court is holden in
each county.
WIDOWS.
1784, Ch. 22, 5 8. (Of what endowed. 5 9- Manner of laying off
dower, and distributive share. See Dower.)
18 1 3.—Chapter 119.
Section 1. Where a man shall die intestate, leaving a widow, it
shall be lawful for such widow to take into her possession and care, w^dow may^ake
all the personal estate of her deceased husband, and the crop then into possession,
growing, until letters of administration shall be granted upon such
estate, and to make use of such part of the said crop, and of the provi- 10n 8 grante *
sions on hand, as may be necessary for the support of herself and
family, and also to make use of the slaves, stock and plantation uten-
sils, for the purpose of completing, securing, and selling such crop.
Sec. 2. Upon the application of such widow, it shall be the duty of e^htr®ebgrtcea
the county court, to appoint three freeholders, unconnected with her ono year'8 pro-
either by consanguinity or affinity, who being first duly sworn to act vision,
impartially, shall set apart so much of the crop and provisions on
hand as may be necessary for the support of such widow and her fa-
mily, until the expiration of one year after the decease of her said
husband, which part of said crop and provisions so set apart, shall be
the absolute property of such widow for the use aforesaid, and shall
not be taken into the account of the administration of the estate of
such intestate.
Sec. 3. Nothing herein contained, shall be so construed as to pre- b.r„ddfr'm^ievy*
vent creditors, who may have obtained judgments against such intes- ing their exeeu-
tate in his lifetime, from levying their executions upon such crop and *ion»*
90
706 wills.
provisions, if no other property can be founil sufficient to satisfy the
same.
1833, Ch. 80, § 3. (Certain articles exempted from execution in
hands of widow. See Poor.)
WILLS.
April, 17 8 4.—Chapter 22.
Requisites to Sectioti 11. Whereas wills and testaments which ought to be the
make & will most solemn and best considered act of a man's life, are, in too many
eood* instances, the most indiscreet, and from weakness of body and mind,
and the undue influence of those about them, and from an omission of
due ceremonies, the true intentions of the testator are irustrated, and
injustice done to those for whom he meant specially to provide,—No
last will or testament shall be good or sufficient, either in law or equi-
ty, to convey, or give any estate in lands, tenements, or heredita-
ments, unless such last will shall have been written in the testator's
lifetime, and signed by him or some other person in his presence, and
by his direction, and subscribed in his presence, by two witnesses at
( least, no one of which shall be interested in the devise of the said
Devises of tea
lands, (a)
est'te to i e de'm- Sec. 12. Whereas, for want of knowledge of the law, many real
unless*mh'rwise estates are devised in such a manner as to frustrate the intentions of
ci'ariy expr'ss'd. the testators, and it not unfrequently happens, from the difficulty of
(a) If the will was properly attested, no subsequent events could destroy its validity, as the removal of
witnesses, tlieir death, or any change in their situation, this idea is w«rranted by the common law, and in
afhrm&nce of it is the provision in the act of 1789,ch. 23, sec. 1. It is also provided by this section, that
proof by one of the subscribing witnesses, shall 1 e sufficient to give a will validit), if not contested. Hence
it results, as a necessary inference, that though the legislature has required, by the act of 1784, at least
two subscribing witnesses, that proof of hotli is not indispensable. 2 Tenn.172.
2. To exclude the testimony of a subscribing witness, his interest must be derived from the will itself.—
Same.
3. A makes his last will and testament, disposing of his personal and real estate, which is signed, sealed,
published and attested by two witnesses. Aftrrwaris, one of the witnesses, by order of the testator, and
in his presence, makes alterations in some of the devises, both as respects the real and personal state, tut
there is no attesting witne>s o the alterations; the testator put his finger to the signature, and -aid "it wat
as he Wanted it." Th witness making the alterations, made an endorsement on the back of the will to
refresh his memory. Held by the court: 1st, that this was no revocation of the will; 2d, that the will as it
stood before the alteration was a good will to pass the real estate: and third, that as offered, it was a good
will to pass the person* 1 estate according to the direction in the alterations. Peck. 301.
4. As a general rule, a will of personal estate is required to I e proved by two witnesses; though it is not
always required that they should be subscribing witnesses; as where the will is written by the testator him-
self, it is good if the hand writing is proved by two witnesses, or if the execution or identity of the will is
proved by one, and the hand writing by another, it is sufficient. 6 Y> rg. 425.
5. Where a paper was offered for probate, as the last will and testanu nt of a man deceased, without any
subscribing witness thereto, hut it was proved by one wimes-s that lie drew the paper at the request of the
deceased, that the deceased signed it by making his mark, being too weak to write his name, and tl.at he was
of sound mind and meiuo'y; and by another witness, that lie had heard the deceased say, that he intended
to dispose of hi* property in the manner in which it was disposed of hy the paper produced: Held, that tins
was not sufficient proof under nn issue of deoisavit vel non, to establish the paper as the last will and testa-
ment of the deceased, either as to realty or persoualty. Same.
wills*
discovering such intentions, that the posterity of such testators are
disinherited, and the families of such persons, whose fortunes are in-
tended to be promoted, are left without support, for remedy whereof—
Where any lands, tenements, and hereditaments, or other real estate,
shall be devised to any person or persons, the same shall be held,
deemed and construed to be a devise in fee simple, unless such de-
vise shall, in plain or express words, or it shall be plainly intended by
such will, or some part thereof, that the testator intended to convey
an estate of less dignity.
Sec. 14. No written will shall be altered or revoked by a subse- ~
J n How a written
quent nuncupative will, except the same be m the lifetime of the tes- win may be re.
tator, reduced to writing, and read over to him and approved, unless voked by mum-
the same be proved to have been so done by the oath of two witnesses cuPative wllK
at least, who shall be such as are admissible upon trials at common
law.
Sec. 15. No nuncupative will, in any wise, shall be good, where Requisites for
the estate exceeds two hundred and fifty dollars, unless proved -by pat^dwui"ncu"
two s ach witnesses as last mentioned, present at the making thereof,
and unless they, or some of them, were specially required to bare
witness thereto by the testator himself, and unless it was made in
his last sickness, in his own habitation or dwelling-house, or where
he hal been previously resident ten days at least, except he be sur-
prised with sickness on a journey, or from home, and dies without re-
turning to his dwelling.
Sec. 16. No nuncupative will shall be p oved by the witnesses when and how
after six months from the making, unless it were put in writing within nuiicup'tive win
ten days, nor shall it be proven till fourteen days after the death of lhe may be ProveJ*
testator, nor till process has first issued to call in the widow or next
of kin, or both, if conveniently to be found, to contest it, if they think
proper.
oct., 1784.—chapter. 10.
Section 5. Whereas the attestation of witnesses to wills and tes- win In the
taments required by the act of April) 1784, ch. 22, is intended to pre-
vent frauds and impositions by the will of persons hastily drawn up among6 bis °pap-
in thoir last sickness, and from their want of sufficient knowledge for era, sh'ii be go'd.
that purpose, and it may be proper to make exceptions from that rule
in pirticular cases,—Therefore, when any will shall be found
amongst the valuable papers or effects of any deceased person, or
shall have been lodged in the hands of any person for safe keeping,
and the same shall be in the hand writing of such deceased person,
and his name subscribed thereto, or inserted in some part of such
will, and if such hand writing is generally known by the acquaintan-
ces of such deceased person, and it shall be proved by at least three
credible witnesses, that they verily believe such will and every
part thereof, is in the hand-writing of the person whose will it appears
to be, Ihen and in that case, such will shall be sufficient in law to
give and convey a sufficient estate in lands, tenements and heredita-
ments.
Sec. 6. All probates of wills in the county courts, shall be suffi- pr0bates of wills
cient testimony for the devise of real estates, and attested copies of in the cty. c'rie.
such wills, or the records thereof by the proper officer, shall and may ^p^1'
be given in evidence in the same manner as the originals; Provided, *v ence'
708
WILLS.
When any fraud may be suggested to have been committed m the
drawing or obtaining any last will, or any irregularity in the execut-
ing or attestation thereof, the party making such suggestion, shall
and may insist upon the original will being produced to the court, if
the same is to be found, and the court wherein any suit is depending,
and in which such will may be introduced as testimony, may compel
all and every person or persons, whether in office or otherwise, to
produce the same.
Nov. 178 9.—Chapter 23.
In what c'nty Section 1. All wills shall be proved and administrations granted
wills are to be in the Court of the county where the testator or intestate had his usual
proven: residence at the time of his death (&), or in case he or she had fixed
places of residence in more than one county, in either or any of said
One witness counties; and in case of a written will, with the witnesses thereto, the
sufficient if m>t same shall be proved by at least one of the subscribing witnesses, if
ai^ifcontested11 ^ contested, shall be proved by all the living witnesses if
to be found (c), and by such other persons as may be produced to
„ ... ... support such will: and where the validity of any last will or testa-
Contested wills rr, , . 7. . < ,
tried by jury. ment, whether written or nuncupative, shall be contested, the same
shall be invariably tried by a jury, on an issue made up under the di-
rection of the court for that purpose. (See 1835, ch. 5, sec. 9, and ch.
18, sec. 2.)
17 9 4 .—Chapter 1.
Sec. 47. The county courts shall and may, within their respective
to*trohate counties take the probate of wills, and order the same to be recorded
of wills,and is- in proper books, to be kept for that purpose, and the said courts shall
sue letters testa- and may make orders for issuing letters testamentary, and letters of
mMayry'ctmpei administration, which letters shall be signed and issued by the clerk
the production of the said court, and may by summons, upon application to them made,
of wiirs. compel any person or persons whatsoever, within their respective
counties, having in their possession any will or testament of any de-
ceased person, to exhibit the same to the court for legal probate there-
i^naity for re- of; and whoever being legally summoned, shall, in contempt of the
fusing to pr'duce court refuse to produce any such will in his or her possession, or hav-
Wli1' ing been in his or her possession, shall refuse to inform the court, on
oath, where such will then is, or in what manner he or she has dis-
posed of the same, such person shall, by order of the court, be commit-
ted to the common prison of the county, there to remain, without bail
or mainprize, until such will shall be produced, and due submission
made to the court for the contempt; and the court shall, and is here-
by empowered, in case of such person's removal, to issue such sum-
mons and process for commitment into any county in the state.
(6) When a man bas bis residence at the time of his death in one county, the probate and registration of
his will in any other county is void. 3 Hay, 221,
(e) The words "if to he found," used in this act, mean, if to be found by the officer in whose hands the
process is placed; and the return of the officer, that the witness cannot be found, is evidence of that fact.—
6 Verg. 307.
2, When all the witnesses to a contested will cannot be found, upon proof that some cannot be found, the
Will may be proved by those that can be found; and by other witnesses as it may be required by law.—
Sams.
When fraud,
$e. is suggested,
original must be
produced.
wills.
709
Sec. 48. (Persons applying to be appointed administrator or exe-
cutor, against whom the county court decides, may appeal to the
circuit court. See Administrators and Executors.)
Sec. 49. For the better preservation of wills and other papers re- Qrj inaJ wiJla
lating to the estates of deceased persons, all original wills, invento- £c. t0 be depol
ties and accounts of executors and administrators, shall remain in sited in cierk'a
the clerk's office among the records of the respective counties, where office*
the same shall be proved or exhibitedand to the said wills, invento-
ries and accounts, any person may have access as to the other re-
cords, except for the time they shall or may be removed before any
other court, upon the determination of any controversy.
18 2 3.—Chapter 31.
Section 1. Where the last will and testament of any person de- copy of w*.n
ceased, has been, or may be proved in a court of any state in the proved in other
United States, or in any territory thereof, or before the mayor of any *0* de'd" in^ro p'V
city, it shall be lawful for any person interested to present a copy county, and be
of said will or testament, duly authenticated, to the county court of valid-
any county in this state, where the land or estate devised by said
will, or any part "thereof, is situated, and thereupon such court may
order the same to be filed and recorded, and such copy when record-
ed, shall have the same force and effect as if the original had been
executed in this state, and proved and allowed in our courts, and said
will shall be sufficient to pass lands and other estate: Provided,
That the said last will and testament shall have been, or shall be,
proved according to the laws now in force in this state, as to wills
made and executed within the limits of this state.
Sec. 2. The copy of such will shall be authenticated in the man- copy to be
ner which has been prescribed by the Congress of the United States, authenticated ac.
for authenticating the records and judicial acts of any one state, in congress.0 aCt °f
order to give them validity in any other state, in those cases where
the will is proved before the court of any other state, and where the
same is proved before the mayor of any city or corporation, the
authentication shall be under the hand of the mayor, and the seal
of the city or corporation, and such copy so authenticated, or a copy
thereof, when recorded and certified by the clerk of the court in the
state where the same is recorded, shall and may be read in evidence
in any court of this state.
Sec. 3. When there shall b6 goods and chattels in this state to be Executors to
administered under any such will, the executors, or some one of said wills may
them, shall be authorized to qualify as such, and shall give bond and qualify in this
security as required in cases where the will was made within the state*
limits of this state, and shall be subject to be proceeded against as in
other cases; and when any person interested shall wish to contest
the validity of said will, they shall be authorized to do so, in the same
manner as though it had been originally presented for probate in
said court.
1829, Ch. 23, { 47. (Punishment for destroying and canceling
wills. See Felonies.)
1829, Ch. 90, {11. (Copies from other states to be registered.-—
See Registration)
710
WILLS.
Dec. 3, 1835.—Chapter 6.
Proceeding in Section 6. When any last will and testament shall be offered for
oTdevfsaotroel Probate in any of the counly courts of this state, which shall be con-
ne». tested, an issue of devisavitvel non shall be made up under the direc-
tion of said court, the party contesting, giving security as now pro-
vided by law, and a transcript of the lecord of the same, together
with the original will offered for probate, shall within five days there-
after be filed by the clerk of the said county court, wilh the clerk of
the circuit court of the same county, which shall be placed on the
trial docket of said circuit court, and be tried at the first term next
succeeding the filing said transcript, unless satisfactory reasons be
shown by affidavit for a continuance, and said county court may ap-
point an administrator during the pendency of such suit.
Jan. 25,18 3 6.—Chapter 5.
Section 9. In case any will shall be offered for probate, and the
County court same be contested, it shall be the duty of the county court to
to certify fact of certify the fact, and send up the original will to the circuit court of
contested win, the same county, and an issue shall be made up in the circuit court,
ori«innid "0P the an<^ validity of the will tried therein, in the same manner as the
circuit court. same is now done in the county court, and the verdict of the jury, and
the judgment of the court upon the validity of said will, shall be cer-
tified to the county court, and the original will, if established, shall
be sent back to the county court to be recorded, and upon the pro-
verdict to be ceedings so certified by the county court, they shall proceed to grant
certified t0 Cnty letters testamentary, or letters of administration, and to do all other
court. things necessary to be done to have the will carried into effect, or to
have the estate properly administered as heretofore.
Feb. 20, 18 3 6.—Chapter 18.
Supplemental to Chapter 6 of this Session.
Section 2. So much of the sixth section of the act to which this is a
supplement, as requires an issue of devisavit vel non, to be made up
under the direction of the county court, be, and the same is hereby re-
pealed; and when any will shall be presented for probate, and the same
shall be contested as mentioned in the sixth section, it shall be the
duty of the court to require of the person or persons so contesting the
validity of such will so offered for probate, to enter into bond and se-
curity, payable to the executor or executors mentioned in said will, in
the penal sum of five hundred dollars, conditioned for the faithful pro-
secution of the suit, and in case of failure therein, to pay all costs
that may accrue thereon.
Part of former
act repealed.
Proceedings on
contested wills.
WITNESSES.
711
WITNESSES.
17 8 3.—Chapter 11.
Section 4. The party cast shall not be obliged to pay for more Two witness,
than two witnesses (a) to prove any single fact, and the attendance est0 a faot only
of witnesses as to the number of days, shall be ascertained by the 10 wfi^ses to
oath of the witness, to be made at the court at which the cause is prove att'ndance
determined, or within five days after, before the clerk of the court. on oath.
17 9 4.—chapter 1.
Section 28. For taking the testimony of witnesses in all causes Rules for ta-
which may be depending in the circuit court the following rules shall king testimony*
be observed and put in practice:
In all suits where witnesses are to appear at any of the said courts, Clerks to issue
the clerk at the request of the party, shall issue a subpoena, directed subPcena»&c-
to the sheriff or other officer of the county, where the witness or wit-
nesses are said to reside, mentioning the time and place for his, her,
or their appearance, the names of the parties to the suit, wherein the
testimony is to be given, and the party at whose instance such wit-
nesses are summoned. Every subpoena made returnable im- t^Ked"only
mediately shall be issued only in term time, and shall be personally in term time,
served on the witness or witnesses therein named. A copy ot every Copy may be
subpoena issued by the clerk in the vacation in case the witness or ^/^ness"!!"06
witnesses therein named is or are not to be found, may be left at their ° Wltnes8'
usual places of residence, and such copies certified by the sheriff or
other officer, left as aforesaid, shall be deemed a legal summons, and
the person or persons therein named shall be bound to appear in the
same manner as if personally summoned.
Sec. 29. Every witness being summoned to appear in any of the witness to'at-
said courts, in manner as hereinafter directed, shall appear according- tod froni terip
ly and continue to attend from term to term, until discharged by the ^charged,UntU
court, or the party at whose instance such witness shall be summon-
ed, and in default thereof shall forfeit and pay to the party at whose
instauce the subpoena issued, the sum of one hundred and twenty- £125^defaulf
five dollars, and shall be further liable to the action for such party * a
for the full damages which may be sustained for want of such wit-
ness's testimony, who shall recover the same by scire facias with
cqsts: Provided, if it shall so happen that the suit depending shall in
the vacation be accommodated and settled between the parties, and f"*isednSCaiTd"
the party at whose instance such witness was summoned should ne- witmssesnotbe.
(a) A witness if not nllowed to give testimony, unless he have discretion, and believe in a future state of
rewards and punihmeuts. The law presumes discretion at 14 years of age. If under 14 years and not
less than 7, the presumption is otherwise, but this presumption maj be removed by circumstances. 2
Tenn 80
2, No person can be a wi mess who does not believe in a future state of rewards and punishments. But
no slight or casual saying can be given in evidence to render him incompetent. Evidence of _a settled be.
lief should bo produced. 2 Tenn. 9. 6.
712
WITNESSES.
ing discharged, gleet or omit to discharge him or her from further attendance, and tie
to be paid for at. Gr she, for want of such discharge, should attend at the next term,
tendance. then and in that case, the witness, upon oath made of the farts,. hall
be entitled to a ticket from the clerk in the same manner as other
witnesses, and shall recover from the party at whose instance he was
summoned, the same allowance which by this act is given to wit-
nesses for their attendance at the said court with costs; Provided,
if any witness shall hereafter swear falsely in order to obtain a ticket,
iy guUtyof per- he shall upon conviction, be adjudged guilty of perjury and sutler
jury. as in cases of corrupt and willful perjury: Provided, further, if sutli-
cient cause be shown by the person so summoned and failing to ap-
peax*, of his or her incapacity to attend at the time and place mentioned
Penalty, remit- in the subpoena, then no forfeiture or penalty shall be incurred, by
ted on good ex- such failure (&); but if, on notice given by the court, sufficient cause
cuse" be not shown at the next succeeding term, after such failure, it shall
and may be lawful for such court on motion to grant judgment and
award execution for the forfeiture before mentioned against the per-
son so summoned and failing to appear as aforesaid.
Sec. 30 & 31. (Any witness incapable of attending by reason of
age, bodily infirmity, non-residence or other causes, to give their
depositions. See Depositions.)
witnesses >e- Sec. 32. If any person, who shall be summoned as a witness in
testimony to be any the courts, or before any person appointed to take depositions
committed to as aforesaid, shall refuse to give testimony on oath, such person so
lail- refusing, shall by the court, or by the commissioners before whom he
shall be summoned, be committed to the common prison, there to re-
main without bail or maniprize, until he shall be willing to give tes-
timony in such manner as the law does or may direct: Provided, the
Quakers to af- people called Quakers shall have the liberty of giving their testimony
firm. by way of solemn affirmation, in all causes whatsoever, criminal as
well as civil: Provided, also, that all negroes, indians, mulattoes,
what persons an(j all persons of mixed blood, descended from negro or indian an-
giving tertfmony cestors, to the third generation inclusive,—though one ancestor of
each generation may have been a white person—whether bond or free,
shall be taken and deemed to be incapable in law to be a witness in
any case whatever, except against each other: Provided, also, that
no person of mixed blood in any degree whatsoever, who has been
liberated within twelve months previously, shall be admitted as a
witness against a white person.
Witness for ®EC' ^3. Every witness being summoned to appear in any of the
state to attend said courts on a criminal prosecution, or plea of the state, shall ap-
from day to day. pear accordingly and continue to attend from day to day until dis-
charged by the court, the attorney for the State, or the party at whose
instance he shall be summoned, and in default thereof, shall forfeit
Penalty for and pay the sum of two hundred and fifty dollars for the use of the
default $250, state, unless upon notice issued and made known, sufficient cause be
shown for such failure, at the next succeeding term,
witness ex- Sec. 34. During the attendance of any person summoned as a
empt from ser- witness to any court whatsoever, and during the time that such per-
vice oi process. son -g g0jng to and returning from the place of such attendance, allow-
ing one day for every twenty-five miles such witness has to travel
(6) It is a good defence for a witness, against whom a forfeiture hag been taken for non-attendance, tha*
the party who gubpeenued him discharged him, or told him to attend if it was convenient, and if not that he
should not be called out, but the witness's own affidavit is not evidence of these facts, 4 Yerg. 478.
WITNESSES.
718
to and from his place of residence, no sheriff or other officer shall
serve or execute on any person so attending, going to, or returning
from such court, any writ or process, warrant, order, judgment or de-
cree in any cause, summons for witness excepted, and if any such
shall be executed, the same shall be and is hereby declared null and
void, (c)
Sec. 35. Any person who shall attend any of the courts as a witness Compensation
shall be allowed for each and every day's attendance the sum of one ofwitnesses*
dollar, if he resides out of the county, and fifty cents, if within it. (d)
Sec. 35. The clerks of the said courts are hereby empowered and Clerk's duty,
directed to take probate of all evidence tickets and certify the same.
Sec. 76. (Witnesses for state to have same fees as in civil cases
to be paid by defendant on conviction. See Costs in Criminal Cases.)
18 0 4.—Chapter 9.
Section 2. Each witness attending before a justice of the peace Their pay be-
shall, for every day he or she shall attend, receive as compensation fore J. P.
the sum of twenty-five cents, to be taxed with the bill of costs and
paid by the party cast.
181 2.—Chapter 3.
Section 1. When any witness or witnesses are by law compelled per diem and
to attend without the county in which such witness or witnesses may mileage,
reside, such witness or witnesses shall be entitled to demand and
receive from the party, at whose instance they are summoned as
aforesaid one dollar, for each and every day such.witness or witnesses
may attend, and the like sum for every twenty five miles they may
necessarily have to travel in going to and returning therefrom.
1822, Ch. 40, { 1. (Justice committing offenders, or clerk after
papers filed, may issue subpsenas for witnesses. See Criminal Pro-
ceedings.)
1823, Cii. 54, § 6. (On motions for new trial, persons who are
material, and will not voluntarily give their affidavits, may be sub-
poenaed. See New Trial.)
(c) If a witness privileged from arrest, be nevertheless arrested, and do not insist on his privilege, but
give a bond for the prison bounds, such bond is neither void nor voidable; the privilege is waived. Peck,
414.
(d) A witness may sue a party to a suit who summoned him, for the attendance money allowed him by
law, although he lives in the same county in which the suit is pending, and the case is not finally deter-
mined. Wart. Sc. Yerg. 38.
2 The art providing that the cost must go with the cause, does not mean that the witness must await its
final determiuati >n before lie can claim for his attendance,- it only gives the successful party the right to tax
What In- has paid his witnesses in the bill of costs. Same.
3- When two pluinti Jssuhpjena a witness, he may sue either or both, at his election; but if the law were
otherwise, thenon j tinder of one could o.Iy be taken advantage of by piea in abatement Same.
4- When a witness has proved his attendance in a suit, the presumption is, he was subpoenaed, al'hough
no subpjena can be found. 2 Yerg. 323.
5, A person summoiied as a witness, is entitled to his pay, although he is a party to another suit which
necessarily compels his attendance. 2 Yerg. 230.
6, A witness summoned both by plaiutifl and defendant is not entitled to prove his attendance on both
sides. 2 Yerg. 250.
7, Witnesses attending without being subpoenaed are not entitled to prove their nttendauce and hare jt
taxfd. Same
91
714
WOLVES.
182 4.—Chapter 13.
Presiding judge Section 1. In all cases now depending or which may hereafter
wituLVW°rn aS ex^st in any of the circuit courts, whether of a civil or criminal nature,
w " in which the testimony of the presiding judge may be necessary, it
shall and may be lawful for said judge to be sworn by the clerk of
said court in due form, and such shall be received in evidence and be
as binding and obligatory as if another and not himself were presiding
judge at the time of such oath being administered.
witness may Sec. 3. When any person may attend as a witness in any suits de-
in°four ewes!108 Pending in any court in this state under a subpoena of said court and
shall have been summoned in more than one suit in said court, where
one of the parties is the same, and the question to be tried is the
same, such witness shall be permitted to prove his or her attendance,
mileage and ferriages in any four of the suits in which he may have
been summoned as a witness and no more. [See Gaming 1S24, chap.
5, & 1829, chap. 21.)
WOLVES.
1811.—Chapter 57.
Reward for kin Section 1. Each person who will kill one wolf or wolves, and pro-
ingand how ob- duce to any of the courts in this state, the scalp or scalps thereof,
mined. every such person shall be entitled to receive for each scalp of a wolf
over four months old the sum of three dollars, and for each scalp of
a wolf under four months old, two dollars, to be paid out of the state
treasury on the order of the said court, not less than five justices there-
of being present.
Proof. Sec. 2. Before such court shall be at liberty to make such order, it
shall be the duty of such person to prove, if in his power, by the tes-
timony of some disinterested person, that he killed said wolf or wolves
within the county where he then was, and if he cannot make such
proof by such witness, the court shall swear the applicant for such
allowance, and if on examination it shall appear to them satisfacto-
rily, that said wolf or wolves have been killed in this state, and in the
county where he was applying, then and in all such cases, they are
hereby authorized to make such order for any such scalp, and upon
receivingsuch scalp or scalps to burn them.
woods burning.
715
WOODS BURNING.
17 77.—Chapter 25.
Section 2. It shall not be lawful for any person whatsoever to set no pawaa *»
fire to any woods except it be his own property, and in that case it "trw*®£*
shall not be lawful for him to set fire to his own woods, without first Without giving
giving notice to all persons owning lands adjacent to such wood lands, notice,
intended to be fired, at least two days before the time of setting such
woods on fire, and also taking effectual care to extinguish such fire
before it shall reach any vacant or patented lands contiguous to or
adjacent to such land so fired.
Sec. 4. If any slave, free negro, mulatto or vagrant person unable glaT6| freene.
to pay the fine aforesaid, shall be convicted of setting fire to any gro or vagrant t«
woods contrary to the true meaning of this act, such person on con- fM
viction thereof shall have and receive on his bare back thirty nine
lashes well laid on.
1782.—Chapter 29.
Seciton 1. Every person offending against the act of 1777, ch. Penalty for thb
25, shall forfeit and pay for every offence the sum of sixty two dollars offence,
and fifty cents to be recovered by action of debt, to the use of the per-
son who shall sue for the same, and shall also be liable to the party
injured by such unlawful firing of the woods for all damages that may
accrue therefrom.
APPENDIX,
CONTAINING
FORMS, NOTES OF EXPLANATION & REMARKS:
ARRANGED
UNDER THE DIFFERENT TITLES
OF TIIK
COMPILATION
APPENDIX.
ACCOUNTS-VjADMINISTRATORS EXECUTORS FORMS.
ACCOUNTS.—Forms.
Affidavit annexed to an Account sent to another County for Collection.
(Act 1819, Ch.25; sec. 1.)
State of Tennessee J
County, $
I do swear that my account as it is above stated, against C. D. is just, and that
I have given all proper credits, to the best of my knowledge and belief.
A. B.
Note. As it is a question of some doubt whether the affidavit under this act must not be the same as an
oath under the book-debt-law, we also give the form of an affidavit in accordance with that construction. ■
State of Tennessee,- )
County,^
I do swear that the above account against C. D. is a true copy from a book ac-
count,—that I have no means of proving the same but by my book, and my own
oath, and that it is just, full, and true as it is above stated and set forth, after giv-
ing all proper credits, to the best of my knowledge and belief. A. B.
The above affidavit was subscribed and sworn to by the said A. B. before me
the day of 18 E. F., [Seal.]
J. P. for county.
Cleric's Certificate.
I do certify, that E. F. whose name is signed to the above certificate, is and
was, at the date of his certificate, an acting justice of the peace for my county,
This day of 18 G. H.,
Clerk of County Court.
Affidavit denying the justice of the account before a J. P.
I do swear that the account of A. B. exhibited against me in this suit is unjust
(Or if only part of it is unjust, add lfor dollars.") This day of
18 C. D.
The above affidavit was subscribed and sworn to before me this day oi
18 J. K.,
J, P. for county.
ADMINISTRATORS AND EXECUTORS.—Forms.
Bond to be given before letters granted.
We, A. B. C. D. and E. F. bind ourselves to pay to Newton Cannon, Governor
of the State of Tennessee, and his successors in office, {here insert a sum suffi-
720
administrators and executors.—Forms,
dent to cover the value of the estate and its increase, generally double the value of
the estate.)
{Then follows the condition as it is set forth in the act of 1715, ch. 48, sec. 5.
Letters testamentary.
State of Tennessee, { to c. d. a citizen of count
County,} j 7
It appearing to the court, that A. B. has died, leaving a written will, in which
you are appointed executor, which has been duly proved in open court; and you
having given bond and qualified according to law, and it having been ordered by
the said court that letters testamentary issue to you;
These are therefore to empower you, the said C. D. to enter upon the ex-
ecution of said will, and take into your possession all the property, and to make
to the next court a perfect inventory thereof and make due collection of all
debts, and after paying all the just demands against the testator, and settling up
the business of said estate according to law, you will pay over and deliver the
property and effects that may remain in your hands, and do all other things that
may be required, according to the provisions of the said will and the laws of the
land. ""
Witness Clerk at office, the day of 18 and the year
of American Independence.
Letters of Administration.
State of Tennessee, ) m a t> c *
County( T<> A. B. a citizen of county;
It appearing to the county court now in session, that C. D. has died, leaving
no will, and the court being satisfied as to your claim to the administration, and
you having given bond and qualified as directed by law, and the court having or-
dered that letters of administration be issued to you;
These are therefore to authorize and empower you to take into your pos-
session and control, all the goods, chattels, claims and papers of the said intes-
tate, and return a true and perfect inventory thereof to our next county court,
to collect and pay all debts, and to do and transact all the duties in relation to
said estate which lawfully devolve on you as administrator, and after having set-
tied up said estate, to deliver the residue thereof to those who are by law enti-
tied.
Witness Clerk of said court at office, this day of 18
and year of American Independence.
Inventory. (Act of 1723, ch. 10, sec 2.)
An inventory of the personal estate of C. D. deceased.
(Here insert all the personal property of every description including slaves, ac-
counts, notes, and money, setting forth particularly every Htm. Eviry slave
should be named and the age of each given, and all notes and accounts should be
set forth separately, with the time they may be* due; and those on solvent men,
placed under the head of "claims good," and those on insolvent men or abj.utcd
or doubtful, under the head of "doubtful claims," or some other heads designating
their true character. Such provision as may be set apart for the / vj ] oit oj the
family one year by commissioners need not be included, and in cases of txccutors
proper remarks should be made as to every specif c legacy.)
The above is a true and perfect inventory of all the goods and chattels, rights
and credits of the said C. D. deceased, which have come to my hands, possessi:n
or knowledge or the hands of any other person for me, to the bet of my knnwl
administrators and executors.—Forms.
721
edge and belief. This day of 18 A. B., Administrator.
Sworn to in open court, day of 18
C. D., Clerk.
Note. The said act of 1723, cli. 10, sec. 2, requires that a copy of the inventory shall be affixed at the
court house door at the term to which it is returned, with a notice attached thereto of the time and place
when the goods and chattels will be sold. This statute has been declared to be directory, and a failure to
pursue its din ctions does not invalidate the proceedings. It is not usual to comply with the act by . ffixing
a copy of the inventory to the court house door, and attaching thereto a notice of the time and place when
the articles therein set forth will be sold, but it is most regular and proper to do so. But ordinarily a notice
of the following description is set up.
Notice of sale of estates of deceased persons.
NOTICE TO THE PUBLIC.
I, (or we as the fact may he) will sell to the highest bidder, on the day of
next all the personal estate of A. B. deceased, at his late residence, in
county, consisting of horses, cattle, hogs, sheep, household and kitchen
furniture, farming utensils, &c., &c. Bond and security will be required from
purchasers before the delivery of the property, and twelve months credit (or any
other time that may he agreed npon) will be given.
Ail persons indebted to the said estate are desired to come forward immediate-
ly and m ike payment, and those having claims against it are hereby notified to
present them within the time required by law. This day of 18
A. B., Administrator.
Note. This advertisement should be set up at the court house of the county, and other public places so
as to give the most general notice,
Account of Sales. (Act 1723, ch. 10, $ 2.)
An Account of Sales made of the personal property of the estate of C.
deceased, at his late residence in County, after having advertised
according to law.
(Here enter every item of property sold, the name of each purchaser and the
price given.)
The loregoing is a full and perfect account of the sales of all the property oi
the estate of C. D. dee'd directed by law to be sold. Notes with good security,
due months after date were taken from the purchasers. This day oi
18 . A. B. Admr. of C. D
Sworn to in Open Court, this day of 18
E. F. Clerk.
Settlement with a Committee of the CountyCourt.
We the commissioners appointed by the County Court of County,
at Term 18 to examine the accounts of A. B. administrator,
(or executor as the case may he,) of C. D. and to make a settlement w th him in
relation to his administration of said estate, have performed that duty and leturn
the following settlement:
We find the said A. B. chargeable with the following items; to wit,
(Here state every thing that came into his hands, as money collected, money on hand,
of whom collected, fyc.)
We find that the said A. B. has made the following disbursements, for which
he is entitled to credits; to wit,
(Here state every credit, to whom paid, and referring in each case to the voucher
by letter or number.)
Ail which is respectfully submitted to the Court: This day of
18 (Signed hy the Commissioners.)
Receipt of a Distributee to an Administrator.
Received of C. D. as administrator of E. F. deceased dollars a part
(or "the whole f if such he thefact,) of my distributive share of the personal es-
92
722
administrators and executors.—Forn*.
tate of E. F. in the hands of the said C D. to be administered. This day
of 18 A. B.
Receipt of a Legatee to an Executor.
Received of C. D. executor of E. F. deceased dollars a part {or
uthe whole" if the fact be so) of my share of the personal estate of the said E. F.
under his will. This day of 18 A. B.
JVote. If there he slaves a receipt should be taken for them by name on delivery. In the care of a
specific legacy, the executor should take a receipt for it specifying that it is a legacy under the will.
Receipt to be taken from a Creditor.
Received of C. D. administrator (or executor) of E. F. deceased,
dollars ifci full of my account against said estate. This day of
18 G. H.
JVote, An account should always acco "pany ths receipt setting forth the items which constitute the
claim. And it is also the safest rule for an administrator or executor to require an affidavit of the correct-
nessof the account, and that all just credits have been given, which together with the receipt should be
entered on the paper containing the account filed as a voucher. But it should be recollected that the
adminetrator or executor is not bound to pay a claim because it is sworn to, but may and ought still to dis-
pute it if he considers it unjust.
Refunding Bond. {Act of 1789, ch. 23, { 2.)
We acknowledge ourselves indebted to Chairman of
County Court and his successors in office, in the sum of {double the
amount of the share of the distributee or legatee as the case may be) To be void
if A. B. who has this day received from C. D. administrator {or ex-
ecutor) of E. F. the sum of dollars, his share of the personal estate of
the said E. F., should pay and refund his rateable part of any debt or debts
against said estate which may be hereafter sued for, recovered, or otherwise
duly made to appear. This day of 18 A. B
J. K.
L. M.
Seal.]
Seal.]
Seal.]
General warranty Deed to Land on bond of the deceased. {Act 1794, ch. 5.)
I, A. B. as Administrator (or executor, as the case may be) of C. D. deceased,
do, by virtue of the power in me vested by law, and in compliance with a bond
made by the said C. D. in his life time, convey unto E. F. for the considera-
tion mentioned in said bond to wit: dollars paid to the said C. D. in his life time,
the tract of land therein described, containing by estimation acres, lying in
county and bounded as follows: beginnig at thence {here describe
the land with particularity) To have and to hold to the said E. F, his heirs and
assigns forever.
The title to which land I hereby bind the heirs of the said C. D. to warrant and
defend to the said E. F. and his heirs, against the lawful claim of all persons what-
ever, as fully and effectually as they could be bound if the said C. D. had exe-
cuted this deed himself, according to the power in me by law vested. Given un-
der my hand and seal this day of 18
A. B. [Seal.]
Signed, sealed and delivered before us the day of 18
G. H.
J. K.
JVote.—If the obligation be to make a quit cla'm deed, or deed with srecial warranty, instead of the
Words "lawful claim of all persons tohaieoer" in the clause of warranty, insert these words, " httrs or as-
signs of the said C. JO- or any person claiming under them."
apprentices.—Forms,
723
APPRENTICES.
Indenture where a father hinds his son apprentice.
A. B. an! his sonC. D., aged years, hive agreed to bind the said C. D. to
E. F. as an apprentice until he shall arrive at the age of twenty one years, (or
any other age agreed upon.) The said A. B. and C. D. coven mt on their pirt,
that the said C. D. after the manner of an apprentice will live with and serve the
said E. F. and obey all his lawful commands for the time aforesaid: he will keep
his secrets and do him no damage in c taracter, person or property, nor willfully
suffer others to do him any, but will give him timely notice of any danger or evil
that miy threaten him, of which he may have knowledge. He will play at no
unlawf il game, visit no tippling houses, places of gaming or ill-fame, nor absent
himself, nor marry without leave, but in ail things and at all times will act as a
good and faithful apprentice ought to do for the time aforesaid.
And the said E. F. on his pirt, covenants, that he will teach- or cause to be
taught the said C. D. the art and mystery of the trade of a Blacksmith (or other
trade as the case may he) and to read, write and cypher to the rule of three, as far
as his capacity will permit; He will attend to and gaard his morals, as he would
one of his own children; he will furnish him with such boarding, clothing and
other necessaries, in sickness and in health, as are suitable and proper for his
situation, and treat him with huminity; and at the end of his time will give to him
(here insert the articles agreed upon.)
It is also agreed, that if the said E. F. should die before the time aforesaid (here
state the agreement); And that if the said E. F. should remove out of the county,
thit (state what is agreed upon.)
Tliis contract miy at any time be annulled by the consent of all the parties
but not otherwise, except in case either party violates his covenant, to be judged
of by the justices of the district, as arbitrators, (or in any other way agreed upon)
and if they cannot agree, they shall call in the nearest justice in an adjoining
district, and both parties shall comply with their award. This day of 18
Test. * A. B. [Seal.]
J. K. C. D. [Seal.]
L. M. E. F. [Seal.]
Indenture of apprenticeship hy the court. (Act 1762, ch. 5, sec. 19, 20.)
I, A. B. chairman of the county court of county, by the direction of the
court and in their behalf, do hereby bind C. D an orphan of the age of years
to E. F. with him to live and w>rk as an apprentice until he attains to the age of
twenty one years; during which time the said C. D. shall obey the lawful com-
minds and faithfully serve the said E. F. and be in all respects subject to hisau£
thorily and control according to law and his duty as an apprentice.
And the said E. F. on his part covenants that he will teach and instruct the
said C. D. in the trade and occupation of and to read and write (and as much
further as may he agreed) or cause the same to be done, if he have sufficient capa-
city: And he will also constantly find for the said C. D. sufficient diet, lodging,
washing and apparel, and other necessaries suited to an apprentice, both in sick-
ness and in health; and also take care of his morals, and treat him with hum mi-
ty, and at the end of the time will give him (the articles agreed upon to he here
inserted.) This day of 18
A. B. [Seal.]
E. F. [Seal.]
724
arbitration.—forms.
ARBITRATION.
Bond to submit matters to arbitration.
We, A. B. andaC. D. bind ourselves, respectively, to each other in the sum
of dollars, to be faithfully and punctually paid on the condition hereinafter
mentioned.
The condition of this obligation is such, that whereas, we have agreed, and do
hereby bind ourselves to submit to the arbitration and award of E. F. and G. II.
all matters in dispute between us of every kind and discription whatever. (Or if
it be a special matter that is referred let it be inserted instead of this gen < ral t la u.\e.)
It is also agreed that the said arbitrators shall meet at the house of on the
day of 18 or any other place they maj designate, we being notified, to
consider of and determine the matters hereby referred to them.
Now if we shall stand to, abide by, and perform whatever the said arbitrators
or any others we may mutually select, may decide and award in the premises,
then this obligation to be void; but it shall remain in full force against either par-
ty failing therein.
Witness our hands and seals this day of 18 A. B. [Seal.]
C. D. [Seal.]
|ITJCote.—If the agreement Vie that in case the arbitrators should differ they may selert an "Umpire" (or
third person) to de ermine tlie case, insert after the words "fiei eral cl.iUse" these words "and if they should
not agree they may select an umpire to decide the matters -wherein they may differ."
Subpeenafor witnesses before arbitrators. (Act 180G ch. 4f>, {2.)
State of Tennessee, j »p0 tjle Sheriff or any Constable of said county.
I command you to summon to appear at the house of on the day
of 18 to give evidence before the arbitrators selected to settle the maUers
in dispute between A. B. and C. D. under the penally prescribed by law. This
day of 18 * L.M.[J.P.]
Award in case the referees agree.
Whereas A. B. and C. D. have referred to us, as arbitrators, all matters in dis-
pute between them of every kind and description whatever (or any special mat-
ter if such be the fact) to determine the same; and we having met at the house
of on the day of 18 in the prsence of both the parties, and having
heard all the matters alleged and proved by them, and after fully considering
and understanding the whole matter, do determine, decide, and award (here
insert the decision at length, showing what each party shall do and what disposi-
tion shall be made of the costs.) This day of 18 E. F. [Seal.]
G. H. [Seal.]
Award where a case is referred by order of court.
Whereas by an order of the circuit court of county at its term IS
a certain case therein depending between A. B. and C. D. was referred to us to
be arbitrated and decided, and in compliance with said order and at thj request
of the said parties we have met at on the day of 18 to prrbrm
the duties assigned us, and after hearing the allegations and proof < f the parties,
both being present, and fully considering and well understan ling the mult >r sub-
mitted to us, do decide and award that (here insert the decision as in the la. I case.)
This day of 18 E. F. [Seal.]
G. II. [Seal.]
arms.—Forms.
725
ARMS.
Warrant to arrest any person for carrying arms. (Act 1801 ch. 22. sec. 6»)
State of ^enx^ssee, j any iawfal officer of said county.
I command you to t ike the body of A. B., if to be found, and bring him before
me or some other Justice of the Peace, to enter into bond for his good behavior,
for having publicly ridden and gone armed on ihe day of - 18 (orforhav-
trig privately carried a dirk, large knife, pistol or other dangerous weapon as the
fact may he) to the terror of the people. This day of 18
L. M., (J. P.)
Bond for good behovior under this act.
We, A. B. C. D. and E. F. acknowledge ourselves indebted to the State of Ten-
nessee in the sum of dollars To be void if the said A. B. should appear at
the next term of the circuit court for county, and be of-good behavior, and
peaceably demean himself in the mean time. Witness our hands and seals this
day of 18 [To be signed by obligors under seal.]
Warrant under act 1821 ,ch. 13.
State of Tennessee, j rpq ^ g^^g* 01. any iawfuj officer of said county.
I command you to summon A. B. to appear before me or some other Justice, to
answer the county of in a plea that he render unto her the sum of five do]-
lars which he has forfeited, for having carried a dirk, (Spanish stiletto, sword cane
or pistol as the case may be,) not having then been upon a journey, as it appears
to meby the oath of This day of 18 L. M.
J. P. County.
Bond for good behavior under act 1825 ch. 19. sec. 1.
We, A. B., C. D. and E. F. bind ourselves to chairman of county
court and his successors in office, in the penal sum of dollars (not less than
$250 nor more than $2000.)
The condition of this obligation is such that, whereas the said A. B. was arrest-
ed for being armed with an intention of committing a riot or affray, [or wounding
or killing G. H. as thecvse may be] and it having been made fully to appear that
there was reasonable ground to suspect such to have been his intention, now this
obligation shall be void if the said A. B. shall be of good behavior and peaceable
deportment for the term of twelve months from this day. Witness our hands and
seals. This day of 18 [To be signed by A. B. and his securities.]
Warrant to arrest a person for going armed under Sid sec. of act 1825, ch. 19.
State of Tennessee. To the Sheriff or any Constable of county.
I command you to take the body of A. B. and bring him before me or some oth-
er Justice to answer the state on a charge for going armed with an intent to com-
mit a breach of the peace. This day of 18 • C. D.
J. P. of county.
JVote—If the facts be made out the defendant to be bound in a bond similar to the one last above.
Warrant for forfeiture vs. a person failing to assist when summoned. 4 sec.
Slate of Tennessee. To the Sheriff or Constable of County.
726
attachmnt.—Forms.
1 command you to summon A. B. to appear before me or some other Justice, to
answer the county of in a plea of debt of ten dollars, forfeited by not assisting
in the arrest of C. D. for going armed with intent to commit a breach of the peace,
when summoned by E. F., an acting Justice [or other officer]- This day of
18 E. F,
J. P. of county.
Note 1—Execution and judgment in t.he common form. See Justices of the Peace and Execution.
Note 2.— For the form of a mittimus in case of failure to give bond as required in the 1st and 2nd sec.
See Justieee of the Peace.
Note 3—It is perhaps doubtful whether these proceedings can be lawfully instituted for carrying arms
■imply. See 5 Yerg. 356.
ATTACHMENT.
Affidavit for attachment under act 1794, ch. 1. sec. 19,21.
State of Tennessee, i
County, y
I do swear that C. D. is justly indebted to me after giving all just credits,
dollars, and that he so absconds or conceals himself, that the ordinrry process of
the law cannot be served upon him, to the best of my knowledge and belief.
Sworn to and subscribed before me A. "B.
This day of 18 L. M. [J. P.]
Note 1.—If the affidavit be made by an attorney or agent it will commence thus, "I, E F, Attorney (or
agent) for A. b., do swear, that C. D. is justly indebted to A. B." &c. as above.
Note 2.—If the attachment betaken for either of the other two causes mentioned, in the 19th sec. viz:
.'having removed out of the county privately''or "is removing out of the county privately" or the cause
set forth in the 21st sec. viz: that the debtor "is an inhabitant of another state or government and has
property in this state," let it be so stated in the affidavit in lieu of the words, so absconds or conceals
himself. Let none but the true cause be state "
Note 3—The forms of the writ of attachment and bond, are given in the 24th sec. of act of 1794 ch. 1.
and must be pursued.
Note 4 —If the deb' or demand sworn to be within the jurisdiction of a justice (for which, See Justices
of the Peace,) the attachment must be made returnable before himself or some other Justice, lftheanionnt
of the claim he ahove the jurisdiction of a justice, then the process must be made returnable to the circuit
court. In either case il.e property may be replevied &c.
Replevy bond 1794, ch. 1. sec. 22, 56.
We, C. D., J. K. and It. S. hereby bind ourselves to A. B. in the sum of
[double the amount of the claim.]
The condition of this obligation is sueh, that whereas the property of the said
C. D. has been attached at the suit of the said A. B. and the same is returned to
him on the execution of this bond, now if the said C. D. shall appear at the next
circuit court for county, [or before L. M. or some other acting justice at the
house of ] on the day of 18 at the return of said attachment, and
abide by, perform and satisfy the order and judgment of said court, (or 'justice,"
if it be returnable before a Justice of the Peace.] or surrender himself into custody,
then the above obligation to be void. This the day of 18
[To be signed under seal by C. D and his securities.]
' Summons of Garnishee to appear at Court. (Act 1794, ch. 1, sec. 22.)
Mr. F. W.
I hereby summon you to appear at the next term of the Circuit
Court for county, to begin on the day of next, within the
first four days thereof, to answer on oath what you are indebted to one C D.,
against whose property I have an original attachment in my hands in favor of A.
B., and what effects of the said O. D. you have in your hands, or know of anv
ATTACHMENT. FOrmS*
727
other person having to the best of your knowledge and belief. This day of
18— (iSigned by the officer having the writ.)
Note 1. A copy of tins summons should be reserved by the officer and returned.
Note 2- The ulterior proieeriings are pointed out in thcuci, and as they are to take place in court, and
under the dire tion of the court and counsel, it is unnecessary to give them here; but the proceedings in
eases before a magistrate are given in detail below.
Summons of Garnishee to appear before magistrate in cases commenced by
attachment. 1815, ch. 20, sec. 3. (See Garnishee.)
To the Sheriff or any Constable of County.
I command you to summon F. W. to appear before me, or some other justice of
said county, at on the day of next, to answer upon oath what
he is indebted to C. D. against whose property I have this day issued an original
attachment in favor of A. B. and what effects he has in his hands, or knows of
any other person having, belonging to the said C. D., to the best of his know-
ledge and belief. This day of 18 L. M.
J. P. for county.
Note. If sufficient property of the defendant can be attached to sa'isfy the debt, the garnishment will lie
dropped of course, hut if not, then on the return of the summons, and tl e appearance of the garnishee, the
magistrate w.ll proceed to record the examination, and if it be found lie owes to the defendant money which
is due, after entering judgment against the defendant, for the amount which appears to be due, be will pro-
ceed to enter judgment against .he garnishee, and issue execution thereon.
Examination of Garnishee and Judgment, vs. Defendant and Garnishee.
1815, ch, 20, sec. 1-3.
A. B. vs. C. D. Original Attachment. In this case T. W, who has been sum-
moned as garnishee, states on his oath, that he is indebted to C. B. dollars;
and the said A. B. having proved to my satisfaction, that the said C. D. is justly
indebted to him dollars, I therefore consider that the said A. B. recover
of C. D. the said sum dollars, and the costs. I also consider that the said
A. B. recover of T. W. the said sum of dollars, for which execution may
issue. This day of 18 L. M, (J. P.)
Note 1. Execution against the garnishee on this judgment, will be in the common form.
< Note 2. If the garnishee have effects of defendant in his hand. let it be so stated, ai d after entering judg
tnent against defendant as above, instead of judgment against garnishee, make an order that he deliver up the
property to the officer to be sold.
Judgment vs. Defendant where his property is attached.
A. B. vs. C. D. Original Attachment.
In this case the defendant having been attached by his goods, and not appear-
ing to replevy, and the plaintiff ha\ ing established his claim for dollars, ac-
cording to law, I do therefore consider that the plaintiff recover of the defendant
dollars and the costs, forVhich execution may issue. This day of
,18 " L. M., (J. P.)
Order of Sale on last judgment. (Act Feb. 1836, ch. 42.)
State of Tennessee, ) To J. K. Sheriff (or Constable, if the case be in the
County, \ hands of a Constable,) of said County.
I command you to expose to sale to the highest bidder, one sorrel horse, which
has been attached as the property of C. D., to satisfy a judgment which A. B.
recovered against the said C. D. before me, in a proceeding by original attach-
ment, for dollars, and the costs. This day of 18
L. M., [Seal.]
J. P. of county.
Note. In cases in court or before a Justice, where the defendant appears, and replevies the property at
fa*bed, the case progresses just as If it had been commenced by ordinary process.
728
bail.—florins.
Conditional Judgment vs. a Garnishee mho fails to attend. (Act 1M5, ch. 2(t,
sec. 1-3. A. B. vs. O. D. Original Attachment.
T. W., who has been duly summoned to appear as garnishee in this o.ise, liiiling
to attend and answer, agreeably to summons, though solemnly called, and I being
fully satisfied that the said C. D. owes A. B. dollars, it is therefore consi-
dered by me that the plaintiff recover of the defendant the said sum of dol-
lars, and the costs; and that he also recover against the said T. W. the sum of
(;the amount of plaintiffs claim) and the costs, unless he shall shew cause why
this judgment should be set aside, for which purpose, a notice shall issue. This
day of 18 L. M., (J. P.)
Notice in the nature of a Scire Facias on the above judgment.
To the Sheriff or any Constable of C >unty.
1 command yoa to notify T. W. that a conditional judgment lias been rendered
by me against him as garnishee, for -dollars, in the case of A. B. vs. C. D.,
commenced by original attachment, and you will also summon him to appear be-
fore me, or some other justice, at my house in the county aforesaid, on the day
of 18 , and shew cause, if any he has, why said judgment should not
be made final and absolute against him. This day of 18
L. M., [Seal,]
J. P. for County.
Final Judgment against a Garnishee. (Act 1825, ch. 20, sec. 3.)
A. B. vs. C D.
In this case, commenced by original attachment, T. W. who had been duly
summoned as a garnishee, and against whom a conditionial judgment was entered
by me, on the day of 18 , for dollars, for failing to appearand
answer, has again failed to appear, though duly notified, and again solemnly call-
ed, it is therefore considered by me that the said conditional judgment be made
absolute, and that the said A. B. recover of the said T. W. dollars, and the
costs, for which execution may issue. This day of 18
L. M., (J. P.)
JYote. If a garnishee disclose the names of others having effects of defendant in their hands, the Justice
will issue a summons at the request of plaintiff, for them to come forward at a day to lie fixed hy him, and
declare upon oath, <$-c as in otljer cases of garnishee. The forms and proceedings the same as in the case
of garnishee first summoned
BAIL.
Bail-Bond, in civil case s, on arrest by Sheriff on Capias. (1794, ch. 1, sec. II.)
• We, A. B., C. D. and E. F. hereby bind ourselves to J. K., sheriff of
county, in the sum of (double the sum demanded in the writ.) To be void if
the said A. B. who has been this day arrested by the said J. K. on a writ of
capias ad respondendum, at the suit of T. W., shall appear before the judge of the
circuit court, at the court house in county, on the first T\I tnday of
next, to answer T. W. of a plea of (here insert the form of action from the wri,)
and satisfy the judgment of the court, or surrender himself to the custody of the
sheriff. This day of ,18
( To be signed and sealed by A. B. and his securities.)
JVote 1. Slicriffto assign the above to plaintiff. See Act 1794, ch. I, sec. 12, where the form is given.
_ Note 2. The form of the condition in th< above bond is such as is required by the decision of the Su
preme Court in the case of Harvey vs. Goodman. 9 Yer.
bail.—Forms.
729
Bail Bond or recognizance to be taken by Sheriff on arrest under a capias on indict'
merit. [Act 1805, ch. 37.]
We, A. B., C. D., and E. F., acknowledge ourselves indebted to the State of
Tenue.-see, as follows; the said A. B. in the sum dollars, and the said C.
D. and E. F. in the sum of dollars each. To be void, if the said A. B. shall
appear before the Judge of the circuit Court, at the court-house in
county, on the first Thursday, (if that be the day set for Staters business,) after
the M »nday in next, to answer the State ot Tennessee on a chaige of
guming, (or whatever the offence may be,) and abide by such sentence as shall he
pronounced by said court in the premises, or surrender himselfinto custody, and not
depart without leave of the court. This day of 18
(Jo be signed and sealed.)
Note. The blanks should not be filled with less amounts than those prescribed in the act of 1809, ch. 6.
see. 2, page 109.
Warrant of Commitment, where defendant is surrendered by bail.
[Act 1809, ch. 6, sec. 2.]
To Jailor of County.
A. B. having been surrendered into my hands by C. D. and E. F. who had here-
tofore become his bai', on a capias under an indictment for gaming (or other
offence as the case may be,) now pending in Circuit Court, and having
failed to give other bail, you are therefore commanded to receive and keep him
safely until he shall give such bail as is required by law, or the next term of the
s id court. This day of 18 (Signed and sealed by Sheriff.)
Note The fail bond or recognizance to be taken by the sheriff or committing magistrate, after a defeti-
dant in a State case hn* been committed to jail, for want of bail, underact 831, ch. 4, may be in the same
loriu as Che one secondly above given.
Bail Bond for appearance before a Justice on bail-warrant.
(Act. 1801, ch. 7, sec. 2, page 382.)
We, A. B. and C. D. bind ourselves to E. F. in the sum of (twice the claim in
warrant.) To be void if the said A. B., who has been this day arrested at the
suit of E. F. on a bail warrant, shall appear at the house of on the day
of 18 before L. M., or some other Justice, to answer said E. F. in a
plea of (here insert the kind of action from the warrant,) and satisfy the judgment
of the Justice, or surrender himselfinto custody. This day of 18
(Signed and sealed by A. B. and security.)
Note. For a bail warrant, and the affidavit necessary to procure it. See ••Justice of the Peace," Ap.
pendix.
Bail-Bond when defendant is in custody on a Ca. Sa., under acts 1824, ch. 17, and
1625, ch. 57.
We, A. B. and C. D. hereby bind ourselves to E. F, in the penal sum of (dou-
blethe delt.) To be void, however, if the said A. B., who has been this day ar-
rested under a ca. sa. issued on a judgment rendered by the Circuit C nut of
county at term thereof, in favor of said E. F. against the said A. B., for the
sum'of dollars and costs, sh mid appear at the next term of the Circuit
Court for said county of , and make payment of the moneys called for in
said process, or take the oath of insolvency, or make a surrender of his property
as prescribed by law. This day of 18
{Signed by A. B. and securities under seal.)
Note The execution of the above bond is a waiver of any oljection to the Ifgility of the ca sa ; there-
fore if defendant intends to question the legality of the ca. sa., (as that it issued without the act required
by act of 1831,ch.40-, (See -Imprisonment for Debt,"; he jhouid procure a supersedeas iu the cose. 7
Yer.436.
93
730
BASTARDY Forms.
BASTARDY.
'Warrant to apprehend a single woman for Bastardy. {Act 1741, ch. 14, sec. 10.)
To the Sheriff or any Constable of County.
It being known to me (or 1 being informed, as the case may he,) that A. B., a
single woman, of said county, was more than thirty days since delivered of a Lat-
tard child, I therefore command you to bring the said A. B. before me or s< me
other Justice, to be dealt with as the law directs lor the said offence. This
day of 18 L. M., [Seal,]
J. P. for county.
Mittimus in case she refuses to declare father, or pay fine and give security.
Same Act.
To Jailor of County.
A.B. being brought before me on a charge of bastardy, and having refused to
declare the lather, and failed to pay the line and give security to indemnify the
said county as required by law, you are therefore commanded to receive and keep
her in prison until she shall declare the father of her bastard child, or pay the fine
and give security aforesaid. This day of 18
L. M., [Seal,]
J. P. for County.
Bond given by mother of bastard to indemnify county. Same Act.
We, A. B. and C. D. hereby bind ourselves to the county of , that a has-
tard child of the said A. B. shall never become cuargeable to said county as a
pauper, if it should, we will pay all such expenses and charges as soon as they
are incurred, to the trustee of said county. This day of 18
A. B., [Seal.]
C. D., [Scab]
Examination of a woman delivered of a bastard child. Same Act.
State of Tennessee, )
County. J
A. B., a single woman, who was brought before me, by warrant, (or come be-
fore me voluntarily, as the case may be,) on examination, declares cn oath, thai C.
D. is the father of the bastard child of which she was delivered on the day of
day of 18 Taken before me on the dav of 18
L. AI.,
J. P. for county.
Warrant against the reputed father of bastard. Same Act.
State of TF£*^f> j To the Sheriff or Constable of said County.
I command you to apprehend and bring before me, or some oilier Justice, one
C. D., who has been accused, on oath, by one A. B., of having beg >ttcn the bas<
tard child of which she has been delivered, to be dealt with as the law directs
This day of % 18 L. AL, [Sea!,]
J. P. of county.
Recognizance to appear at Court on a Charge of Bastardy.
We, C. D., E. F. and G. H., acknowledge ourselves iniebled to the State of
Tennessee as follows: the said C. D. in the sum of two hundred and fifty dollars,
and the said E. F. and G. H. in the sum of one hundred and twenty-five dollars
bili.s ov exchange.—Forms.
731
each; bat to be void if the said C. D. shall appear at the next term of the Circuit
C.jurt f >r county, on the first Thursday (if that be the sitters day,) after the
M »nday of next, to answer the State on a charge of bastardv, and
abide by such order and sentence as the said court shall make in the premises,
and not depart without leave. C. D., [Seal.]
E. F., [Seal.]
G. H., [Seal.]
Signed, sealed and acknowledged before me, this day of IS
Mittimus on failure to give security for appearance.
State oe Tennessee, j f>0 the Keeper of the common Jail of said county.
County. ) r j
I command you to receive and keep in jail the body of C. D., who has failed to
give security for his appearance at court on a charge of bastardy, on the oath of
A. B., until he shall be discharged by law. This day of 18
L. M., [Seal.]
J. P. for county.
BILLS OF EXCHANGE.
JVote 1. If two or more who are not partners in trade, d'aw a hill, rll must sisrn it, but if they are
partners, then tliey will sign the name arid stjle of the firm. The same rule applies, if the bill be drawn
for, or on two or more.
Note2. The act inserted under this head in page 125, was passed 1829 instead of 1827.
Bill Single op Exchange.
Exchange for $ Nashville, Term., July 4,1836.
Ninety days after date of this, my only bill of exchange, please pay to A. B.,
or ordjr, dollars, for value received, without further advice, which charge
to mv account.
(Name of person on whom drawn.) (Name of drawer.)
Duplicate of Bills of Exchange of most approved form in Tennessee.
No.
Exchange for $ Nashville, Tenn, July 4,1836.
Four months after date, of this, my first of exchange, (second of the same tenor
and date unpaid,) pay to or order, the sum of dollars, for
value received, and charge the same wuthout further advice to my account.
(Name of person on whom drawn.) (Name of Drawer)
No.
Exchange for $ Nashville, Term.. July 4,1836.
Four months after date of this, my second of exchange, (first of the same tenor
and date, unpaid,) pay to , or order, ihe sum of dollars, for
value received, and charge the same without further advice to my account.
(Name of person on whom drawn.) (Name of Drawer.)
732
BOATS AND WATER CRAFT BONDS (JUDGMENT.)—Forms.
BOATS AND WATER-CRAFT.
Warrant for taking away Water Craft. (Act 1741, ch. 13, sec. 1.)
State of 1 ennessee, j rpQ lylc sVieriflf or any Constable of said county.
I command you to summon A. B. to appear before me, or some other Justice of
said county, to answer C. D. m a plea of debt for two dollars and filty cents, ihe
penalty, for having, on the day of 18 taken without his consent,
his canoe (or other craft.) This day of 18
(Signed under seal hy Justice.)
Judgment.
C. D. vs. A. B. It being made ap tear to me that A. B. did take the canoe of
C. D. without leave, I do consider that (he said C. D. recover of A. B. the sum of
two dollars and fifty cents, and all costs, for which execution mavjssue. This
day of 18 L, M., [J. P.]
Execution in common form. See "Justices of the Peace."
BONDS (JUDGMENT.)
Bond for money with Warrant of Attorney to confess judgment.
[Act 1801, ch. 19, sec. 1.]
Twelve months after date, I promise to pay C. D. dollars, for value re-
ceived; witness my hand apd seal. -This day of 18 A. B., {Seal.]
I do hereby authorize and empower E. F. for me, and in my name, at any time
after the above debt becomes due, if I should fail to pay the same, to confess
judgment, in favor of the said C. D., in any court of record in this state, (<t hffore
any Justice, if the amount he in a magistrate's jurisdiction) for ihe said sum of
dollars, with interest and all costs, on giving me ten day's notice of the time
and place of making such motion. This day and date above written.
A. B. [Seal.]
(Names of two witnesses.)
Notice to A. B. of time and place of confessing judgment. Same Act.
Mr. A. B.. I will move for judgment against you, in my favor, on the confession
of E. F., for dollars, the amount of your bond of date, to me, 1 efore
L. M., or some other Justice, at the house of in county,
\or before the Circuit Court of county, if the amount be above a rnagis-
trute's jurisdiction,] on the day of next. This day of 18
C. D.
Note. To be served by a sheriff or constable, by lerv'ne a ropy with A. B., or at his usual place of abode,
and returning the original with the proper endorsement by the officer.
Judgment in such case before Justice. Same Act.
C. D. vs. A. B. On motion of C. D., and due proof being made, that A. B.
entered into a bond to pay the said C. D., dollars, on ihe day of
18 , and empowered one E. F. by Lond, which is duly proved to me, to confess
judgment in his name for the said sum of dollars, if not paid when
due3 and the said C. D. having also proved by the return of (a sheriff or con-
BONDS (DELIVERY.) BOOK DEBTS. Form*,
733
stable of county) that the said A. B, has been lawfully notified of the
time and place of this motion; and the said E. F. being present here, and con-
fessing that judgment be entered against said A. B., in favor ofC. D., for
dollars, with interest and costs, it is therefore considered by me that the said C.
D. recover of A. B. dollars, and the costs, and that execution issue.
Tnis day of 18 L. M., [J, P.1 -
JVofe. Execution in the usual form. See "Execution," Appendix.
BONDS (DELIVERY.)
Delivery Boni for forthcoming of property levied on by execution.
(A A 1801, th. 13, sec. 1. 1831, ch. 25, sec. 1.)
We, A. B. and C. D. hereby bind ourselves, to E. F. in the sum of (double the
amount of the debt.)
The condition of this obligation is such, that whereas, one G.' H., a constable
of county (or sheriffs has levied an execution in favor of E. F. against the
said A. B. for dollars and costs, issued by L. M., a Justice of county,
on one bay horse, of the value of dollars, (and any other property with
its value that may be included in the levy) taken as the property of the said A. B.
Now if the property above described should be brought forward and delivered to
ihe said officer, to be sold, on the day of , at the house of
or the said debt and costs shall be paid and satisfied on or before that day, to the
said officer, then this obligation to be void, otherwise to be in full force. This
day of 18 [Signed by A. B. and C. D. under seal.]
BOOK-DEBTS.
Oath under the Book-Debt Law, (Act 1756, Ch. 4, Sec. 2.)
You solemnly swear that the matter now in dispute is a book account, and that
you have no means of proving the delivery of such articles as you now propose
to pro/e by your own oath, or any of them, but by your book. You do further
swear lhat your book contains a true account of all the dealings between you
and C. D. (or the last settlement of accounts between you and the said C.D. if the
fact be so) and all the articles therein contained, and by you proved were bona
fide delivered within two years before the bringing this action, and that you have
given all just credits, to the best of your knowledge and belief.
Note—This form may be so modified as to suit a case for work and labor or any other case provided for
by the law.
Oath by administrator or executor under same act.
You do swear that the matter in dispute is a book account,—that the account
as there charged is just and true as you verily believe—that there are no wit-
nesses to your knowledge capable of proviny the delivery of the articles you now
propose to prove by said book and your own oath,—that you found the book as
stated, and do not know of any other or further credit to be given than such as
are there mentioned.
734
CERTIORARI AND SUPERSEDEAS. FontlS*
Note*—The most common and perhaps the hest practice is to swear the party offering the ncrount fonn-
swer questions, and then interrogate him upon the dhiereut points presented hy the ftalute. In that i.mo
tile out It may lie as follows.
You do solemuly swear that you will make full, true ani perfect answers to all
such questions as shall be asked you in relation to the book (or a copy of the ac'
count from the book as the fact may be) you now produce as evidence in the cause
wherein you are plaintiff and C. D. is defendant—So help you God.
Note.—It will he seen by reference to the title Set-off, 1819, cli. 51, sec. 2, that the defendant may
prove his account when o fereil as a set-off in the same manner, that the plaintiff m.iy prove his, under
1756, chap. 4, sec. 2. In that case the same lorms will apply to the case of a defendant.
CERTIORARI AND SUPERSEDEAS.
Petition to two Justices for writs of Certiorari and Supersedeas, (act 1801, chap.
7, sec. 4—1833, chap. 65, sec. 2.)
To L. M. and N. O. two of the j ustices of the peace, for County:—Your
petitioner A. B. would respectfully represent to your worships that a judgment
was rendered against him in favor of one C. D. on the day of 18 by
one E. F. esquire, for dollars and costs. Your petitioner would have ap-
pealed from the said unjust judgment,but he was prevented by (here state the rea-
sons for failing to appeal.) To shew your worships that great injustice has been
done him, and that the merits of this controversy are with him; your petitioner
would further state that (here setforth thefacts and circumstances of the case on
which reliance is placed for success, and if the mistake consist in mit calculation
as to the amount,"und apart of it is right, let it be so stated)'. Wherefore \our pe-
titioner considers himself injured and aggrieved, and prays your worships to
order writs of certiorari and supersedeas to issue, to remove the proceedings in
said cause into the Circuit Court of County at its next term, that a new
trial may be had, and justice done your potitioner; and that all further proceedings
in said cause may in the mean time be stayed and superseded. This is the first
application for a supersedeas in this case.
(Signed by Petitioner.)
Oath of Petitioner.
This day came A. B. before us and made oath, that the matters of fact stated
in the foregoing petition as of his own knowledge, are true, and those stated on
information and opinion, he believes to be true. This day of 18
(Signed by the Justices.)
Order to the Clerk to issue writs.
To the Clerk of the Circuit Court:—For sufficient cause appearing to
us in the foregoing petition, let writs of certiorari and supersedeas issue accord-
ing to the prayer thereof upon the petitioner giving bond and security as re-
quired by law: This day pf 18
(Signed by the Justices.)
Notice by the ojjicer on whom supersedeas is served to plaintiffs. Same Acts.
Mr. C. D.—You are hereby notified that the case in my hands of yourself vs
A. B. has been taken to the Circuit Court of County, at the next term
thereof by certiorari, and I have been served with a supersedeas in the same.
This day of 18
(Signed by the Constable.)
Note.—Let this notice be returned to rourt with the proper endorsement of service.
constables.—Forms,
735
Return to writ of Certiorari.
To the Judge of the Circuit Court for County:—In obedience to the an-
nexed writ to me directed I hereby transmit enclosed, all the papers in my pos-
session relative to the suit of C. D. vs A. B. therein mentioned. This " day
of 18
[Signed by the Justice.1
Bond to be given to the Clerk be fore issuance of Certiorari and Supersedeas.
(Act 1807,chap. 81, and 1817, chap. 119, sec. 2.)
We, A. B. and E. F. bind ourselves to C. D. in the sum of (double the a-
mount of the judgment), to be void if the said A. B. prosecute with effect a cer-
tiorari by him obiained and this day issued in the suit of C. D. against him, or in
case he fail or the said certiorari be dismissed by the Circuit Court for informal-
ity or want of sufficient substance or other cause, that the said A. B. will satisfy
such judgment as may be given against him. This day of 18
[Signed by A. B. and E. F.~\
CONSTABLES.
Notice to Constable of motion under act of 1801, chap. 7, sec. 5.
To A. B., Constable in District of County:—1 will move for judg-
ment against you and your securities, for dollars with interest and costs,
the amount of an execution issued by L. M., a Justice of Peace for County,
against C. D. in my favor, and placed in your hands on the day of 18 ,
before the Judge of the Circuit Court, at the next, term of said court to be held in
the town of on the Monday of next, you not having returned the
said process or paid the money as required by law. This day of 18
E. F.
Note 1.—This slionld be served by some officer or other persou by leaving a copy with the constable
against whom the motion is to be made.
Note 2.—It' tue motion is made at the first term after the default, no notice need be given.
Notice to Constable of motion under act of 1817, chap. 54, sec. 1.
To A. B., Constaote in District of County :—1 will move for judg-
ment against you and your securities for dollars, the surplus in your hands
of the amount received on the sale of my property, on the day of 18 ,
alter satisfying an execution, under which s-ichsale was made, against me in fa-
vor tffone C. D., and which you have failed to pay over to me on demand made
of you on the day of 18 , before the Judge of the Circuit Court, at the
next term thereof, for County, to commence on the Monday in next,
at the court house in the town of , this day of 18 E. F.
Notice to Constable of motion under same act, sec. 2.
To A. B. (Jfc. as above)-.—I will move for judgment against you and your se-
curities for dollars, the amount collected by you for me from C. D. on a
claim put into your hands for collection, before the Judge of the Circuit Court at
the next term thereof for County, to commence on the Munday of
next. This day of 18 . E. F.
Note —Vs under the act 1801, ch.7,»ec 5, no notice is required in thi- case, K the motion be made at the
first term after collection of the. money Under both acts the same remedy lies against the sherirf or coroner
under similar circumstauces, and w such cases, the notices may be so changed as to apply to those officers.
736
coroners.—F1 arms.
Notice of motion, before a Justice, against a Constable, under act 1823,chap.
21, sec. 1.
To A. B. (4fc. as before):—I will move for judgment against you an J ) our se-
curiiies, tor dollars, the amount collected by you on an execution n my fav .r,
against C. D., with twelve and a halfper cent, interest thereon, issued by
, a Justice of the Peace, on the day of at the house of be-
fore some magistrate of County, in which the judgment in said case was
rendered. This day of 18 . E. F.
Note.—This notice must be served five days before the day of the motion.
Judgment in the above case.
E. F. vs A. B:—Tt appearing to me in this case, that A. B. did collect on eve-
cation for E. F. fromC. D. dollars, and failed to pay over the same, anil
that the said A. B. has had more than five days' notice of this nution, it is the e-
fore considered by me, that the said E. F. recover of said A. B., the said sum >f
dollars, with twelve and a halfper cent, interest thereon, and that executu n
issue. This day of 18 . L. M. [J. P.]
Note 1.—If judgment be desired against the securities let a copy of the bond be produced, and the judg-
ment shaped accordingly.
Note I Prayer and order for appeal and appeal bond in the common form. See "Justices or the
Peace," Appendix.
Bond of Indemnity to Constable for selling disputed property, act 1825, ch tp.
40, sec. 2.
We, A. B. and C. D. do covenant and oind ourselves to indemnify and save
harmless, one E. F., a Constable of County from all damages and costs
which may be recovered against him in consequence of levying upon and selling
one bay horse, as the property of J. K., the title to which is disputed, to satisfy an
execution now in his hands in favor of , against ihe said J. K., for dollars
and costs. This day of 18 {Signed and Sealed by A. B. and C. D.)
Note.—For forma of returns, $*c. lobe made and used by a constable in common with other collecting
officere. See "Sheriff," Appendix.
CORONERS.
Note.—On information being made to the coroner, that any person has "come to their death aee'dev
tally, or liy unlawful violence or other suspicious cause," l.e shall summon a jury and wit in ssis ifnecesMiry,
to attend him at the dead body at a time <o be fixed by I im. It is usual >o summon twenty four jur men,
and if more than twelve appear, their names should be put into a list, and twelve drawn out by u small toy,
to serve as au inquest. The coroner should then appoint cue of the twelve foreman, and proceed as
follows.
Oath to be administered to the foreman by Coror.er.
You do swear that you will diligently enquire and true presentment make on
behalf of the state, how, when and in what manner, A. B. (or a person unknown
if it be a stranger) here lying dead, came to his death, an J such other mitters
relating to the same as shall be required of you according the evidence.—So help
you God.
Oath to the rest of the Jury.
You do swear that such oath as C. D. the foreman of this jury of inquest, has
just taken in your presence on his part, you, and each of you, will well and truly
observe and keep on your parts respectively.—So help you God.
coroner.—Forms.
IV
Oath of Witnesses.
You do swear that the evidence you shall give to this inquest touching the
death of A. B. (or the person unknown) here lying dead, shall be the truth, the
whole truth and nothing but the truth,*—So help you God.
Inquisition of Murder.
We, being duly elected, empanneled, sworn and charged by the Coroner of
County, as a Jury of Inquest, to inquire how, when, and in what manner A. B.
came to his death, on our oaths do say, that one E. F. on the day of 18 , in
the county of with force and arms, the said A. B. did then and there fe-
loniously, willfully, deliberately, and with malice aforethought, with a certain
axe, kill and murder, against the peace and dignity of the state. Given and ren-
dered by us. This day of 18
G. H. Coroner of County. (Signed and Sealed hy every Juryman.)
JVote. If there bean accessary let the above forirr continue before,the signature of the Coro-
ner and Jury as follows:
And the said Jurors further say, on their oaths aforesaid, that did felonious-
ly, willfully, with malice aforethoght, though absent at the time of the per-
petration of the said murder by the said E. F., advise, counsel, procure and com-
mand the said E. F. to do and commit the said felony and murder upon the body
of the said A. B. at the time and place aforesaid against the peace and dignity of
the State.
Note. If the jury find that there was any person present counseling or abetting the murder tho' doing
no act therein,they will present the case, • y substituting the words "being present" for "tho' absent," and
"encourage, aid, abet and assist" for "advise, counsel, procure and command."
Note, if the killing be by poisoning or in any other manner, let the inquisition so state the facts. If
the murderer be unknown the inquisition must show the fact.
Inquisition of Manslaughter.
Pursue the fo.im of an inquisition of murder to the word "willfully" and con-
tinue thus, "and in the heat of blood did kill and slay against the peace and dig-
nity of the State?
Inquisition of Suicide.
Proceed as in the case of murder to the words "do say," and continue in these
words, "that the said A. B. being alone, on the day of in the county
of did wickedly, unlawfully, and voluntarily, kill himself, by drowning,
hanging, (or any other manner that may be true) against the peace and dignity
of the State."
Inquisition of Death by Accident or Disease.
Pursue the form in murder to the words "do say" and then state, "that the said
A. B. on the day of 18 in the county of came to his
death by the visitation of God" {if he died by disease,—if by accident, state
how, when, and where) "and not otherwise."
Inquisition of Homicide in Self-Defence.
Pursue the form in murder to the words "do say" and after them, continue,
"that one E. F., on the day of in the county of in his own
necessary self-defence, to save himself from de&th or great bodily harm by the
violence of the said A. B., the said A. B. did then and there kill."
Note. Inquisitions to be dated and signed in every instance as in the case of murder.
94
738
COUNTIES.
Warrant by Coroner against a Juryman in default. Act 1825, Ch. 36, 8V'. 2.
State ot lennessce,| rp0 or any Constable of said Count).
I command you to s ramon A. B. t ) appear before me or some other Justice
to answer C. D. Coroner of said County, for the use of County in a plea
of debt for five dollars the penalty for failing to attend on a jury of inquest < n the
body of on the day oi 18 Ashe was summoned to do by said
coroner. This day of 18 L. M. (J. P.)
Judgment.
C. D. vs. A. B. &c.
It appearing to me in this case that the defendant was duly summoned by the
plaintiff, coroner, &c. to attend as a Juryman on the inquest over the body of
and that he failed to do so without any sufficient excuse it is therefore
considered by me that the said C. D. recover for the use of County of
A. B. the sum of five dollars, and the costs and that execution issue. This
day of 18 L. M. (J. P.)
Mote- Execution in common Form. (See Justices of the Peace )
COUNTIES.
Acts Establishing or Altering tie Boundarie? of Counties.
Anderson, 1801, ch. 45; r807, ch. 51.
Bedford, 1807, ch. 37; 1809, ch.51; 1822, ch. 109; 1835, ch. 35.ch.36.
Benton, 1835, ch. 30; 45, 70.
Bledsoe, 1807,ch. 9; 1815, ch. 182; 1821, ch. 73.
Blount, 1795, ch. 6; 1796, ch. 35; 1798, ch. 6; 1801, ch. 52; 1815, ch. 2C2.
Bradley, 1835, ch. 32.
Campbell,1806,ch.21; 1807,ch. 51;1811,ch.56,116;1813ch. 100; 1817ch20.
Cannon, 1835, ch. 3 J—39;
Carroll, 1821, ch.32—201.
Carter, 1796, ch. 31; 1809, ch. 27; 1835, ch. 31.
Claiborne, 1801, ch 46; 1809, ch. 20; 1817, ch. 160.
Cocke, 1797,ch. 8; 1799, ch. 13; 1811, ch. 100. 1817, ch. 23; 1827, ch. 176.
Coffee, 1835, ch. 36—40—41—42—47; 1817, ch. 23; 1827, ch. 176.
Davidson, 1783,ch. 52; 1798, ch. 10; 1801, ch. 57; 1803, ch.77.
Dickson, 1803, ch. 66.
Dyer, 1821, ch. 32; 1823, ch. 108; 1835, ch.28.
Fayette, 1823, ch. 129; 1824, ch. 36.
Fentress, 1823, ch. 302.
Franklin, 1807, ch. 72; 1809, ch. 48; 1819, ch. 162; 1825, ch. 18
Giles, 1809, ch. 55; 1811, ch. 13.
Gibson, 1821, ch. 32; 1823, ch. 11.
Grainger, 171 6,ch. 28; 1797, ch. 13; 1799, ch. 21; 1809, ch. 29.
Green, 1783, ch. 51; 1806, ch. 53 [Ordinance 1792.J1835,ch.29.
Hamilton, 1819, ch. 113; 1821, ch. 169; 1829, ch. 141.
Hardeman, 1823, ch. 108—129—238.
Hardin, 1819, ch. 6; 1821, ch. 135; 1823, ch. 137.
Hawkins, 1788, ch. 34; [Ordinance 1792] 1794, ch. 16; 1821, ch. 154; 1824,
ch. 121; 1835; ch. 29.
Haywood, 1823, ch. 145—206; 1821, ch 32; 1835,ch.28.
Henderson, 1821, ch. 32.
Henry, 1821, ch.32; 1823, ch. 206; 1835, ch. 70.
COUNTIES.
739
Hickman, 1807, ch. 44; 1819, ch. 180; 1821, ch. 150; 1822,ch. 96.
Humphreys, 1809, ch. 31; 97; 1807, ch. 2. 1821, ch. 121; 125; 1835, ch. 30.
Jack, on, 1801, ch. 48; 1803, ch.67; 1806, ch.27; 1815, ch. 183; 1819, ch. 135;
1825, ch. 281.
Jefferson, 1792, (Ordinance) 1804, ch. 19; 1811, ch.41; 1815, ch. 13; 1817,
ch. 159; 1825, ch. 310.
Johnson, 1835, ch. 31.
Knox, 1792, [<Ordinance} 1798, ch. 34; 1799, ch. 22. 1801. ch. 45: 47.
Lauderdale, 1835, ch. 28.
Lawrence, 1817, ch. 42; 1819, ch. 201.
Lincoln, 1809, ch. 13,48; 1835, ch.35.
Madison, 1821, ch. 32; 1823,ch. 201.
Marion, 1817, ch. 109.
Marshall, 1835, ch. 35.
Maury, 1807, ch. 94; 1827, ch. 201; 1835, ch. 35.
Meigs, 1835, ch. 34.
M Minn, 1819, ch. 7; 1821, ch. 204; 1835, ch. 32.
M.N airy, 1823, ch. 98.
Monroe, 1819, ch. 7.
Morgan, 1817, ch. 38; 83; 1819, ch. 135.
Montgomery, 1798, ch. 30; 1801, ch.51; 1804, ch. 13; 1809, ch. 42.
Obion, 1821, ch. 32; 1823, ch. 114.
Overton, 1806, ch. 27, 50; 1807, ch. 8, 81; 1823, ch. 302; 1825, ch. 327;
1828, ch. 168; 1827, ch. 157; 1829, ch. 154.
Perry, 1819, ch. 179.' 1820, ch. 121; 1821, ch.202; 1823,oh: 137; 18V,
ch.45.
Powell, 1835, ch. 29.
Rhea, 1897, ch. 9; 1815, ch. 202; 1817, ch. 13; 1819, ch. 3; 1821, ch. 169;
1835, ch. 31.
Roane, 1801, ch. 45; 1897, ch. 9; 1807, ch.2Q; 1815, ch. 75,202; 1819, ch. 3.
Robertson, 1788, ch. 28; 1798, ch. 30; 1799, ch. 13.
Rutherford, 1803, ch. 70; 1807, ch.37; 1815, ch. 184.
Sevier, 1794, ch. 11; 1795, ch. 14; 1809, ch. 91.
Shelby, 1819,ch. 18; 1822, ch. Ill; 1823, ch.308.
Stewart, 1803, ch.68; 1823, ch.251; 1808. ch. 50.
Smith, 1799, ch. 2; 1801, ch. 48; 1805, ch. 67; 1835, ch. 33.
Sullivan, 1779, ch. 29; 1788, ch. 29; 1804, cli. 18; 1805, ch. 46.
Sumner, 1788, ch. 32; 1798, ch. 10; 1799, Ch. 2.
Tipton, 1821, ch. 32; 1823,ch. 123; 1835, ch. 28.
Warrkn, 1807, ch. 28; 1809, ch. 79; 1813, ch. 74; 1821, ch. 167; 1827, ch.
211; 1835, ch. 33, 33,39.
Washington, 1777, ch. 31; 1797, ch. 12.
Wayne, 1817 , ch. 175; 1819, ch. 91, 221; 1821, ch. 143; 1822, ch. 98; 1825.
ch.247.
Weakley, 1821, ch. 32; 1823, -^h. 112.
Whiie, 1806, ch. 38; 58; 1807, ch. 28; 1809, ch. 11; 1813, ch. 96; 1819, ch.
214; 1826, ch. 185.
Williamson, 1799, ch. 3; 1807, ch. 94; 1809, ch. 37; 1815, ch. 153.
Wilson, 1799,ch.2; 1801, ch.37, 49; 1803, ch. 74.
Note. 1. Thefore^oins references are taken from 2 Haywood and Cobbs to the acts of 1829, and from
that time to the present from the printed pamphlet acts:
740 BOUNTIES.
Note. 2. It wilt be seen that the whole number of Counties in the State at this time is Seventy-One.
In East Tennessee 26—Middle Tennessee 27—West Tennessee 1«.
The Counties in the Eastern Division are Johnson, Carter, Sullivan, Powel, Washington, Hawking,
Green, Claiborne, Grainger, Jefferson, Cocke, Seveir, Blount, Monroe, McMinn, Roaoe, Bradley, M, kg,
Knox, Campbell, Anderson, Hamilton, Rhea. Bledsoe Morgan and Marion.
Middle Division. Fentress, Overton, White, Warren. Cannon, Franklin, Coffee, Jackson, Smith, Wil.
son, Rutherford, Bedford, Lincoln, Marshall, Sumne*, Robertson, Davidson, Williamson, Maury, Giles,
Lawrence, Wayne, Hickman, Dickson. Stewart and Montgomery
Western Division. McNmry, Hardeman, Fayette, Shelby, Tipton, Haywood, Madison, Henderson,
Carroll, Gibson, Dyer, Obum, Weakley, Henry, Lauderdale, Peny, Hardin and Benton.
RULES OF CHANCERY COURTS.
741
Erratum.—On page 225, chap. 41, should be chap. 4.
RULES OF PRACTICE
FOR
THE CHANCERY COURTS,
ADOPTED BY THE
CHANCELLORS OF THE STATE.
In pursuance of the first section of. an act of the General Assembly,
passed at Nashville on the 30th of January, 1830, entitled, "An act
to repeal and amend the 2d section of an act passed December 5,
1825, entitled, 'An act to repeal some of the Rules lately made
and published by the Supreme Court of Errors and Appeals, regu-
lating fthe practice in the Courts of Equity and Court of Ap-
peals.'"
Rule I. The process of contempt contemplated in the 15th sec- Attachmen t
tion of the act of 1801, chapter 6, is declared to be an attachment with bail,
upon which bail may be taken; and if upon the return thereof, be-
ing duly served, the defendant fail to appear, an alias attachment
may issue, upon which no bail shall be taken.
Rule II. In comformity to the provisions contained in the 23d Chancellormay
section of said act, the court, or a chancellor may grant a habeas grant a habeas
corpus, where a person may be in confinement, upon an alias at- corpus,
tachment, for want of appearance or answer. But no habeas corpus
shall issue, but on affidavit and petition of the person confined, his
agent or attorney.
Rule III. In all bail bonds taken by sheriffs upon attachments, Penalty of bond
the penalty shall be two hundred and fifty dollars, unless otherwise $250.
ordered by the court; which bond shall be assigned to the plaintiff
as in other cases; and if the defendant fail to appear, and clear his
contempt, or shall not shew good cause why he did not, the same
shall be forfeited, and recovery thereon had, by scire facias, con-
formably to the practice in such cases at law.
Rule IV. All papers and documents referred to in a bill or an- to®*' 1fi®)[^n8wer
swer, and prayed to be made a part thereof, must be filed with it. 6
Rule V. Rules in the Master's office shall be held on the first n n(n
%r t , . Rules when to
Monday m each month. be held-
Rule VI. Every publication in a newspaper requiring a defend- Publication to
ant to appear and answer, shall, in a brief manner, state the grounds complaint1"*1 °
of complaint, and the relief prayed. The costs of publication shall
be taxed with the costs of the suit.
Rule VII. The residence of complainants and defendants shall Residence of
be stated in all bills. IKEEE*'"
742
RULES OF CHANCERY COURTS,
ci'k nnd mas- Rule VIII. The Clerk and Master shall note upon his rule
thVuiiswer^'imi'i do '^et» an^ UP ,n the answer, the day on which the answer of e u h
be Hied; when defendant is tiled; and no motion for the dissoluti n uf an injunoti »n,
moveto'dissuive heard unless the answer be tiled at least three dajs previous
injunction/ to such motion. And if the bill be filed during the term, or within
ten days prior to its commencement, the defendant may, although
the subpoena is not returnable, move to dissolve the injunction, giv-
ing at least three days notice, by motion, to be entered on the rule
docket.
ma^be set1 for RUIiE IX. After the expiration of the five months allowed for
hearing6, ^pieas taking testimony, either party may, on any rule day, or on the first
anddemurersar- day of a term, set down a cause to be heard; and pleas or demir-
gued. rers, filed during a term, may be immediately set down to be arg led
before the court.
depositionstak6 RULE X. In taking depositions, except those taken de bene, the
following notice shall be given to the adverse party, of the time and
place of taking the same. If within the Chancery district, 10 days:
in any other part of this state, 20 days: if in Kentucky, Ohio, Indi-
ana, Illinois, Mississippi, Alabama, Georgia, South Cirolina, or
North Carolina, 30 days: if in Michigan Territory, Missouri, Ar-
kansas, Louisiana, Florida, Virginia, District of Columbia, Miry-
land, Delaware or Pennsylvania, 40 days: if in New Jersey, New
York, Connecticut or Rhode Island, 50 days: if in Vermont, New
Hampshire, Maine or Massachusetts, 60 days: if in any other coun-
tiy, such time as the Clerk and Master snail specially order.
Proof of notice, Rule XI. Proof of notice to take depositions may be made, eilher
how to be made. before (jie Clerk and Master, or before the Commissioner taking the
deposition, by the affidavit of a competent witness; or by the return
of a sheriff or his deputy, a Coroner or Constable. If either party
reside out of the state, notice may be served upon his agent, attor-
nev or solicitor.
Depositions by Rule XII. Depositions must be written by the person named in
whom to be writ- the commission, or by the deponent in the presence of thecommis-
ten* sioner; Provided, That if the person named in the commission and
the deponent shall be unable to write, some competent third person
may reduce Ihe same to writing, in the presence of lhe Commission-
er and the deponent; and provided also, that such third person be
not interested in the event of the suit, or be not the agent, attorney
or solicitor for either party.
Depositions to Rule XIII. Depositions taken before any other person than the
be sealed up, #c. Clerk and Master, shall be immediately sealed up, and transmitted
to the Clerk and Master; and if a deposition be put into the posses-
sion of a party, or any other person, he shall make affidavit bef >re
the Clerk and Master, when he delivers the same, that he received
it from the person before whom it was taken, and that it has not
been out of his possession, opened, nor altered.
Depositions io Rule XIV. When depositions are filed in the office of the Clerk
docke^when fiid an(^ Master, he shall make an entry upon a docket kept for that pur-
pose, stating the day when filed—whose deposition—and in w hat
cause;—the adverse party or his counsel,may file exceptions in wri-
be^ed'0™ "nny to any deposition, because notice was not given, or for any oth-
time before the er good cause: Provided, That such exceptions be filed, and brought
cause is set for before the CJerk and Master, for his decision, before the cause is set
earing. ^ hearing. All exceptions to the competency of witnesses exam
RULES OF CHANCERY COURTS.
743
ined in a cause, may be made before the chancellor upon the hear-
iug.
Rule XY. Upon exceptions to depositions being filed, the Clerk ,ert0 on
and Mauler may immediately consider of them, and decide upon exceptions.
.them. Such depositions as he may allow, he shall write upon the
face of them "allowed," and sign his name thereto—and in like . , .
, , . i l II • * /• i Appeal allowed
manner, such as he may reject, he shall write upon the face or thom to the chancellor
"disallowed," and sign his name thereto. Should either party be
dissatisfied with the decision of the Master, he may appeal to the
Chancellor in court; upon such appeal the court shall decide upon 08 s'
motion, within the three first days of the term, unless the cause
should be sooner called. Upon such appeals, costs may be allowed
by the court.
Rule XVI. Depositions shall not remain sealed up until publi- DeposMona
cation pass by rule, as has been the practice heretofore in the courts ^uJcierk^nd
of Chancery in this state; but they may be opened by the Clerk Master, and i>e
and Master immediately after being filed, and may be inspected by s.een by ,he Par*
the parties, or their counsel: and the Clerk may furnish copies to ie '
either party before the cause is set for hearing. The Clerk shall
note upon each deposition when he opens it, that it was opened by
him, and sign his name thereto.
Rule XVII. To each commission to take depositions the Clerk Form ofr.aption
and Master shall annex the form of the caption of a deposition, and & the'sui'istanTe
the form of the certificate to be signed by the commissioner; and of rules to lean-
a'so, the s ibstance of such rules as relate to the taking of deposi- e.xed t0 co,u,lli9-
tions; and a copy of the 32d section of the act of 1801, chap. 6. slon'
Rule XVIII. No new proof shall be taken in a cause after it is wjliowetTto
set for hearing, without leave of the court first obtained, upon affida- i,e taken,
vit setting forth specially the facts expected to be proved by the
witness.
Rule XIX. All deeds, transcripts of records, or other written J?r*ttde8 * ^.cu'
documents, intended to be offered as testimony on the hearing of a mem;to he filed
cause, by either party, shxll be filed with the Cle.k, before the |'ef«rethe hear-
cause shall be heard, and if filed during the term at which the cause 1I1S'
is heard, notice thereof, at least one day, shall be given to the ad-
verse counsel. niiiof costgto
Rule XX. The Commissioner before whom a deposition is ta- he a,",exedsto
ken, is required to annex a bill of costs of taking the same. deposition.
Rule XXI. For the purpose of compelling the attendance of cierk may issue
witnesses to give depositions, the Cleik may issue a subpoena with a 8auend
blank for the names of the witnesses, to be filled up by the party of witness-
procuring the same, requiring witnesses to attend before a commis- es.
sioner in the county in which the witnesses may reside, at such time
and place as the commissioner may appoint. If witnesses fail or
refuse to attend and give their depositions upon the service of such
subpoena, they shall incur a contempt of the court, and an attach- Mayissuecom-
ment may issue. The Clerk and Master may issue subpoenus for missions when
witnesses who live in the chancery district, to attend before him to
give evidence in any matter of reference depending before him; state or district,
and if witnesses reside out of the chancery district, or out of the
stale, whose tesiimony may be material in any matter of reference
depending before him, he may, on the application of either party,
issue commissions to take their depositions, in the same manner as
744
HULL* Oi CHAfcCEKV CULlUS.
commissions are issujd, before the cause is set for hearing: but the
Clerk and Master may order what notice shall be given.
A witness not Rude XXII. A witness, once examined in chief in a cause,
to he examined upon a commission, for either party, shall not be re-examined to the
more than once game facts, by the same party, unless by order of the eo irt, or of
by same party. t^e Qjer^ an(j JV£aster, on sufficient cause shewn by affidavit or oth-
erwise.
When the com- Rule XXIII. If an answer be filed in the recess of th< court,
ply olTfile excep the complainant shall reply, or file exceptions to the answer on or be-
tions to answer- fore the second rule day which occurs after the tiling the an->w er, un-
der the same rules and regulations as if the answer were tiled during
the term.
cierk and Mas- RULE XXIV. If exceptions be filed to an answer for insufficiency,
ter to report up- or for scandal or impertinence, the Clerk and Master shall examine
on exceptions to and report upon them with all convenient speed, and if either party
answers. ke dissatisfied -yvith his report, he may appeal to the chancellor in
court.
Penalty upon Rule XXV. If upon exceptions being taken to a defendants an-
l'owto^exce11! swer, the exceptions be overruled, the complainant shall pay twelve
uons!§and for at. dollars and fifty cents costs. If the exceptions be sustained, the de-
towing or over- fondant shall pay twelve dollars and fifty cents costs: and upon a
demifrrerPlea °* P^eaor demurrer being overruled, the defendant shall pay twelve dol-
lars and fifty cents costs; and if the plea or demurrer be sustained,
the complainant shall pay the like sum; to be taxed by the Clerk and
Master, unless otherwise specially ordered by the court.
Deft not to file Rule XXVI. If a party shall obtain time to answer the com-
rer'after obtain- plainant's bill, he shall not be permitted to file a plea or demurrer, un-
ing time to an- less the order giving time shall expressly embrace a plea or demur-
swer. rer in q\i injunction causes, where exceptions are filed to the an-
swer, the same shall be brought before the Clerk and Master, b) the
how'"except ion a Party excapting, and be heard by the Clerk and Master, before a mo-
are^o^Yconsid! tion be mado to dissolve the injunction, or they shall not be noticed
ered of. upon the motion to dissolve the injunction.
Rule XXVII. The Clerk and Master at the rules shall have tbc
the ^derk^and Power to receive the suggestion of the death of a party, upon which
Master at the a bill of revivor may be filed, and process may issue to bring in the
rules, to make representatives of the deceased party: he may make orders for pub-
orders, &c. lication against non-resident defendants: orders for taking bills for
confessed,* and may set aside such-orders, upon sufficient cause
shewn, upon the coming in of the answer. He may appoint guardi-
ans ad litem to defend for infants, upon its being made to appear by
affidavit, that they have no regular guardian; he may make orders
for taking the depositions of joint defendants, saving all just excep-
tions; and he may issue an attachment against a defendant for want of
an answer, in cases where the time for answering has expired.
Rule XXVIII. When a party intends to produce viva voce testi-
Viva Voce tes- mony upon the hearing of a cause, he shall give notice thereof to the
timouy,—how adverse party, one day before the hearing of the cause,
given. Rule XXIX. If a cause shall remain upon the rule docket two
Dismission for termsj after replication filed, without any depositions being taken by
wantofprosecu. either party, or without being set for hearing, such cause will be dis-
1,01,1» missed by the court during said second term, or at any term thereaf-
ter.
RULES OF CHANCERY COURT.
745
Rule XXX. Afer the minutes of the preceding day shall be Minutes to he
sigue.l by the ehmceilor, the Cierk shall call over the names of the signed by chair-
coinsel, which shall be placed upon a list; and when the name of man» anrt cle^
any counsel is called, he may bring belore the court such motions as counsel?ameS °
h£ may wish to make on that day.
Rule XXXI. When either party shall apply to the court of Party applying
chancery for an appeal to the supreme court, such party shall enter for appeal, 10
into bond with good security to prosecute his appeal with effect; or, siQgesc^tarit^ith
in case of failure, to pay to the appellee the money that may be de- effect?U
creed by the supreme court, and all costs and damages the appellee
may sustain by such appeal, and also the costs of the chancery
court: Provided, That in cases where money or moveable chattels
are not the subject of the decree; and in cases where the chancel-
lor is of opinion that the matter is doubtful and difficult and ought to
be reheard in the supreme court, then the appellant may, by leave
of the court, take his appeal, upon giving bond with security, for the
payment of the costs in chancery, and the costs of the supreme
court.
Rule XXXII. The bill, answers and pleadings in a cause shall be
be considered as parts of the record; and in drawing decrees, it shall parisof the rec-
not be necessary to recite the bill, answer and other pleadings, or ord.^
the substance of them, but only the facts as they appear in proof be-
fore the court.
Rule XXXIII. When a matter is referred to the Master to re- the Master for**
port upon, he shall assign a day and place to hear the parties, and report,
shall issue a summons for the parties to attend him, which shall be M
served at least ten days before the day assigned. If the parties do not sue summons for
attend at the time and place appointed, the Mister shall issue anoihcr the'purty, and
summons, in which it shall be expressed that if the party fail again rnay Proteed ex
to appear, the Master will proceed ex parte. And if, upon the re- parte'
turn thereof, being duly served ten days as above, the parties, or gerviceofaum.
either of them, do not attend, the master may proceed to examine mons how to be
the matter referred, and report thereon to the court. Service of made,
such summons may be on the party - or his counsel, by delivering a
copy thereof, 01* leaving the same at his usual place of residence.
The Master may adjourn any matter of reference to another day, and
from day to dav, as may seem to him proper.
Rule XXXIV. After all the evidence has been produced before Reports, how
the M ister, in the p >wer of the parties, he shall proceed without de- ^nad,Tl,e%jt0 be
hv to mike up a draft of his report, and shall deliver a copy of such '
draft to the counsel of each of the parties as soon as practicable, and
shall notify the counsel, that on a particular day to be named, he will
sign and file his report. If neither party file exceptions to the draft
of his report within three days after such notice given, the Master
may sign and file his report. Should either party file exceptions to
the draft of the report, the Master shall immediately consider of such
exceptions and mike such alterations in his report as he may think Exceptions to
right; and shall file his report at least three days before the com- reports, when to
mencement of the term, except in cases referred to him to report be fi,ed'
Up >11 im nedhtely, and during the term.
Rule XXXV. If either party be dissatisfied with the Master's
report, he may file exceptions to it, which shall set forth the partic-
ular p lints iu which fae report is complained of as erroneous; which
exceptions shall be filed on or before the second day of the term, and
95
748
RULES OF CHANCERY COURT.
shall be immediately set down for argument by the Clerk and Master,
and shall be disposed of by the court when the cause shall te r< a< bed
on the docket.
in what man. Rule XXXVI. A wdtness cannot be examined by the Master to
ner a witn'ss ex- the same matter to which he has been examined in chief, before the
ttmheartniTmay heai'ing °f lhe cause, without an order from ihe court, or of the
he reexamined Clerk and Master, but he may be examined touching any other mat-
before the mas- tec. A witness once examined before the Master may be re-examin-
tef The Wns'er ^y the Master at his discretion. Either party may be examined
may examine upon interrogatories before the -• aster without an order, the Master
party wituo'tan settling the interrogatories; and the Master may examine either party
order viva voce, if he thinks proper, whichexamination shall be reduced to
writing.
Rule XXXVII. When sales shall be made under the direction of
ofTaJ6sPradifb* ^ Master, pursuant to a decree of the court, the amount paid into
the^aatertorif. the Mister's office by the purchaser, shall there remain until the
main in court confirmation of the report, and until an orde: be obtained to pay over
until ordered to tne amount person thereto entitled. If the purchaser fail to
be paiii over. _ i * «■ . 1 .
make payment, the Master may again expose the premises to sale,
The Master giving due notice of time and place, according to the directions con-
fainej jQ the decree.
Petition for a Rule XXXVIII. Every petition for re-hearing shall contain the
re hearing when special matter or c.iuse on which a re-hearing is applied for, te sign-
to be appiied/or. ed by counsel, and the facts therein stated, if not appearing fr< m the
proceedings in the court, shall be verified by the oath or affirmation
of the party, or of some other person. A petition for a re-hearing
must be presented to the court during the term at which the decree
complained of is entered upon the minutes of the court.
. Rule XXXIX. After any bill filed, and before the defendant or
&enePwhe°nand seveia' defendants have answered, upon affidavit made 1 hat any
how taken. of the plaintiff's witnesses are aged, infirm, or going out of thecoun-
try, or that any one is an only witness to a material fact, the Clerk
and Master may issue a commissit n for taking the testimt ny of such
witness de bene esse: and the same privi.ege shall be allowed to a
defendant after his answer is filed, before replication thereto; the
party praying the commission giving such notice of the time and
place of taking said testimony as the Clerk and Master shall order.
Rule XL. The foregoing Rules shall be substituted in the place
All former 0f the Rules adopted by the Susreme Court of Errors and Appeals,
rules abolished. rejatjng. practice in the courts of Chancery in this stiite, and
shall be in force from and after the fifteonth cfuv of August, It30.
NATHAN GREEN.
WILL. A. COOK.
747
ADDITIONAL & AMENDED
RULES OF PRACTICE,
IN
THE CHANCERY COURTS.
"Rule I. When a matter is referred to the clerk and master to inMnanc"®™^afn
take an account and report, he shall assign a Jay and place to hear amendment8 of
the parties, and shall issue a summons for the parties to attend h.m, rule 33 page
which shall he served at least ten days before the day assigned, in 745-
which it shall be expressed, if the party shall fail to attend, in
pursuance of the process, he will proceed to take the account and
report thereon ex parte; and upon the summons being returned, exe-
cuted, the clerk and master shall proceed to take the account and re-
port thereon, examining such proof as shall be before him, which
report shall be returned to the next term of the court, or as in and by
the order to him directed. If either of the parlies shall attend on
the day assigned, and by special affidavit show that he cannot com-
plete the account, then the master may appoint another day, and
continue the balance of the account until such day, at which time
he shall proceed and complete the same. If either of the parties
shall fail to attend, as required by the summons, the account shall be
closed, and no other testimony shall be heard, unless such absent
party shall, within ten days after the closing the account, and by
special affidavit show he has material testimony, which was not before
the clerk and master, at the time of taking the account, and which
he could not by proper diligence have produced agreeably to the
provisions of the first summons, in which case the clerk and master
may again open the account for the reception of proof, upon giving
such notice as before required; and that the XXXIII Rale is hereby
repealed so far as it is inconsistent with this amendment.
Rule II. When the court shall order an account and a report, and an^e^a,^°^i
the clerk and master shall fail or refuse to comply with such order, ing to" take ac-
he shall forfeit and pay the sum of twelve dollars and fifty cents for count,
every such failure, unless he shall show by oath to the satisfaction of
the court, he has been guilty of no contempt or culpable negligence
of duty.
Rule III. When a cause shall be called for trial the counsel Brjef t0 be
shall produce and read to the court a brief, plainly showing the points made out.
in the cause, raised by the pleadings and evidence, together with the
principal authorities relied upon in argument; otherwise the court
rmv, at its discretion, delay the trial until this rule be complied with.
Rule IV. In taking depositions hereafter, the Xth Rule, as here- ^oticetotnke
tofore adopted by the chancellors in 1830, shall be so modified, that if deposition*
the desposition is to be taken -within^the chancery district, five days
748
criminal proceedings depositions* fowls.
notice to the adverse party shall be sufficient; and not more than
forty da>s notice shall be required in any case, unless specialty or-
dered by the clerk and master, which he may direct if he shall be-
lieve the circumstances of the case require it.
mTo*me Retort Rule V. Afier all the evidence has been produced before the
and when Jxcep-master, in the power of the parties, he shall proceed without delay
tionsto he filed to make his report, which he shall file in the office as early as he
and disposed of. can convenience, which, either party, or either counsel may
examine; and if the same is not satisfactory, either party may file
objections thereto, which shall set forth the particular points in which
the report is complained of, as erroneous; which exceptions shall be
filed on or before the second day of the term to which the report is
made returnable, unless the cause should be reached at an earlier
period on the docket, in that event the exceptions must he filed at
the calling of the cause: and in either case the exceptions shall be
immediately set down by the clerk for argument, and shall fce dis-
- posed of by the court when the cause is reached for trial. This
rule shall be adopted in place of rules XXXIV and XXXV, as here-
tofore adopted on this subject.
Rule VI. The foregoing rules are established, in addition to
those heretofore existing, for the government of the practice in the
courts of chancery, in the State of Tennessee, and will take effect
and go into operation on the first Monday in Julv, 1836.
L. M. BRAMLITT,
THOS. L. WILLIAMS.
CRIMINAL PROCEEDINGS.
Errata.—On page240,1791,ch.l6, should he 1715, ch. 16; and 1791. ch.l should bel794,ch. 1.
Su,hpcena for witness by a Justice afier recognizing or committing offender.
{Act 1822, chap. 40, sec. 1.)
State of Tennessee,? rjiq tjie gherjff or any Constable of said County.
I command you to summon A. B. to appear at the Court house in the town of
on the first Thursday {if that be States day) after the Monday
in next, before the Circuit Court of County, to give evidence in be-
half of C. D. in a charge against him for under the penalty of two h-in-,
and fifty dollars. This day of 18 . L. M.,
J. P. for County.
Note. Ifthe subpoena be for a witness for state let it be so stated, and made returnable on the second
day of the term.
DEPOSITIONS.
Notice to take Depositions
Mr. A.B.—On the day of 18 , I will take the deposition of E. F.
at {here name the place, as the dwelling house of G. H. or court house, dfe. in
County, and State, as the case may be) to be read as evidence in the
dower.-—Forms.
749
suit now pending in the Court (or before L. M. a Justice of the Peace, if such
be thefoct) of County, in which you are defendant, and I am plaintiff, (or
as the fact may be). This day of 18 . C. D.
Note.—This fo rn may be altered t.o suit any case where deposit ons are allowed bylaw to be taken, and
those cases are particularly pointed out in the statutes under this head, and the rules made by the chancel-
lots to be found in this Appendix under the head "Chancery Court."
Commission to take depositions in cases before a Justice (Act 1794, ch.
1 ,sec. 53, and 1811, ch. 100.)
To a Justice of the Peace for the County of in the State of :—
You are hereby empowered and required to cause A. B. to come before you on
such day as may be legally designated, and after qualifying him in due form of law,
to carefuly and fully examine him concerning what he may know in the matter
before me depending, by warrant in favor of C. D. vs E.F., and such examination
to write down fully and fairly, in proper form, with the signature of the said A.
B lo the same; which said deposition after having been duly certified by you, you
will seal up safely and securely, and address to me. This day of 18
L. M.,
Justice of the Peace, County,
State of Tennessee.
Caption of a Deposition taken before a Justice.
State of Tennessee j m, , ~ ,0
^ The day of 18
County. ) j
I have on this day proceeded to take t' e deposition of A. B. a witness for (name
the party) about the age of at (name the place where taken) in obedience to
a commission hereto annexed, in the presence of [here name the party or parties
or their agents or attorneys] to be read as evidence in a suit now pending before
L. M., a Justice of the Peace of County, and State, [or before
court as the case may be] wherein C. D. is plaintiff, and E. F. defendant. The
said A. B. after being sworn on the Holy Evangelists to speak the truth, the whole
truth and nothing but the truth, concerning the matters in dispute between the
said paities, deposes as follows:
(Here insert the evidence as nearly in thfi language of the witness as possi-
ble, either in a continuous statement, or by questions and answers, or both, as
may be desired. The parties have a right to have the interrogatories which
are propounded, and the answers to each inserted.)
Certificate of the Justice at the end of Deposition.
I certify that the foregoing deposition is all in my own hand-writing, [or that
of the witness if the fact be so], that I am in no wise related to either of the parties,
that the same was taken before me on the day, at the place and in the presence of
the party [orparties] set forth in the caption, and it has not been out of my pos-
session or in any wise altered, added to, or changed, since it was signed by the
said A. B. This duy of 18 . G. H.,
Justice of the Peace, County,
State of Tennessee.
DOWER.
Oath of Jury to lay off Dower, (Act 1784, ch. 22, sec. 9.)
You and 3ach of you solemnly swear that you will allot and set-off to C. D., the
widow of A. B., deceased, that part of his real estate to which she is entitled by law
750
executions.—Forms.
for her dower, without favor, fear or partiality, to the best of your skill and
ability. So help you God.
Note. -.-If they are likewise required to layoff her part of the personal estate, insert after the word
"dower'* "and also her distributive share of liis personal estate,"
Oath of Jury to lay off dower and make partition among heirs, [Act 1S23
ch. 37.]
After the word "dower" in the foregoing form insert these words, "and m ike
partition of the remainder of his real estate between his legal heirs according to
law
Report of the Jury appointed to assign dower.
The undersigned, being unconnected with the parties either by affinity or con-
sanguinity, and entirely disinterested, having been summoned and duly sworn by
the She: iff of County, as a Jury to allot and set off to C. D. her dower
out of the real estate of A. B. her deceased husband, after having duly consid-
ered and fully understood the whole matter, do hereby assign to the said C. D.
forJaer dower, the following discribed land with the erections and improvements
thereon [or lots and houses or parts of lots and houses as the case may be;] To
wit, a tract of land in the county of on the waters of creek contain-
ing acres, and bounded as follows; beginning on [he~e give the boundaries
with accuracy.]
Which in our opinion constitutes one third of the real estate of the said A. B.
deceased. Given under our hands and seals this day of 18
(Signed by all the Jurors under seal.)
Report of Jury of assignment of dower and partition, [Act 1823 ch. 37.]
After the word "hushand" in the foregoing report insert "and to make pattition of therem.iiu*
der of said real estate among the legal heirs of the said A. B " and then follow the same to the end of
the ord "deceased" the last time it is used, then add as follows.
We have also made partition of the remainder of the said real estate among
and between [here name the heirs at law] the heirs at law of the said A. B. with as
much equality as practicable, as follows, we assign to E. F. lot number 1 contain-
ing acres bounded as follows, to-wit; beginning on [heregive the lines and
discription] valued at dollars lot number 2 to G. H. containing acres
of the following discription and boundaries, to-wit; beginning [as before till all
are through.] We have determined that G. H. who drew lot number 2, shall pay
to E. F. who drew lot number 1 dollars [and so on until all are made equal.]
The undersigned adopted this method in determining to whom ihe different por-
tions of land should go; after partitioning the whole estate subject to division,
and valuing each lot they had it determined by chance, that is by drawing the num-
bers and names from a hat to whom each lot should be assigned. [Then close the
report as before.
Note If any one has been advanced, and on that account gets no more, or a less quantity than the
others, let the fact be so stated in the report.
EXECUTIONS.
Execution (or Fi. Fa.) from a Justice against the property.
State of Tennessee, j rpQ ^ gherifj» or any Constable of said County.
I command you that of the goods and chatties, lands and tenements of C. D. if
to be found in your county, you make the sum of dollars and the costs of
executions.—Forms.
751
suit, to satisfy a judgment that A. B. obtained against him before me on the
day of 18 and pay over the same as the law directs. This day of
18 L. M. [seal.]
J. P. for County.
Note—No execution can issue till two entire days after the one on which the judgment was entered,
unless a certain affidavit is made. (Act 1835 ch. 17, sec. 10 page 433.)
Affiiavit for the issuance of an execution within two days.
A. B. vs. C. D. The plaintiff swears that he believes it is the intention of
the defendant against whom he has this day obtained a judgment for dol-
lars and costs to abscond or remove himself out of the county [or to defraud him,
of his debt by removing his property out of the county, if that be the fact.] This
day of 18 . L. M.,
J. P. for County.
Execution (or Ca. Sa.) against the body of defendant from a Justice.
State op Tennessee,? rpq gheriff or any Constable of said County.
County. $ J ^
I command you to take C. D. if to be found in your county, and him safely
keep, so that you have him before me, or some other Justice, on the day of
18 at my house in said county, to satisfy A. B. in the sum of
dollars and the costs which he recovered before me against him on the day
of 18 . This day of 18 . L. M. [seal.]
J. P. for County.
Note 1.—By the act of 1824 ch. 17 sec. 5, page 394 when the person is arrested on a ca. sa. from a Jus-
t:ce the writ and the bond or the body shall be returned to the next Circuit court. For iorm of bond
Bee Bail Adpendix.
Note 2.—By the act of 1831 ch. 40 sec. 5, <page 383) this writ cannot issue unless the plaintiff will take
an affidavit therein required, which may be in the form following.
Affidavit for a Ca. Stz. before a Justice under act 1831 ch. 40 sec. 5.
A. B. vs. C. D. The plaintiff makes oath before me that the defendant [here
state one or more of the five grounds stated in that section according to the truth]
according to the best of his information and belief. This day of
18 - L. M.
J. P. for County.
Execution (orfi.fa.) against defendant and hi< security after expiration of
Stay.
State op Tennessee,| To the Sheriff or any Constable of said County.
I command you that of the goods and chatties, lands and tenements of C. D.
and E. F. his security for the stay of execution, if to be found in your county,
you make the sum of dollars with interest thereon and all costs, to sat-
isfy a judgment that A. B. obtained before me on the day of 18
for dollars and costs and pay over the same as the law directs. This
day of 18 . L. M. [seal.]
J. P. for County.
Execution (or Ji.fa.) against an Administrator or Executor as such.
State op Te^essee,| To the Sheriffor any Constable of said County.
I command you that of the goods and chattels, rights and credits of C. D. de-
ceased, in the hands of E. F. administrator [or executor] of said C. D. to be
administered, you make the sum of dollars and the costs, which A. B.
752
executions—fence*.—Forms.
recovered against the said E. F. as administrator of said P. D. before me on the
day of 18 and pay over the same as required by law. This
day of 18 . L. M. [seal.]
J. P. of County.
Note.—If this execution l»e returned "no property found" ail the papers may be returned to therleik
of the circuit court who shall issue a set. fa. against the adtninistor for a devastavit, or against the heirs
to su'ject the real estate as the plaintitf may require. (Art 11)22 cli. 43.) or the Justice may issue the set.
fa under act 1831 ch. Ill (page ti47) at the option of plaintitf. The administrator rannot in such rase
plead "fully administered" for he should have made that defence before the Justice 1 Yer. 399. For the
form of a scire facias and judgment in such case see "Justices of the Peace" and the execution will he in
the form first given under this head.
Execution or{jifa) upon one certified from another county under act 1805
ch. 66 sec. 4.
State of TETmEssEE,| rpq ^ SlierifF or any Constable of said County.
It appearing to me that an execution was issued against the estate of C. D. by
E. F. a Justice of the Peace lor County on a judgment rendered by him
against the said C. D. in favour of A. B. on the day of 18 for
dollars and costs, which is yet unsatisfied, and the said execution being
certified as required by law, and now on file in my office, I therefore command
you that of the goods and chattels lands and tenements of the said C. D. to be
found in your county, you make and collect the said sum of dollars, with
interest and all costs, and pay over the same as required by law. This
day of 18 . L. M. [seal.]
J. P. of County.
Order of sale where levy has been made of an execution and not time to sell
[Act 1835 ch. 17 sec. 4.]
State of Tennessee, j ^ or any Constable of said County.
It appearing to me that an execution issued in favor of A. B. against C. D. for
dollars and costs on a ju Igment rendered on the day of 18
was levied by you on one bay horse I he property of C. D. and for want of
sufficient time to advertise and sell, the same has been returned before me with
said levy, you are therefore hereby commanded toproceed to expose to sale to the
highest bidder after giving the notice of the time and place of sale required by
law, the said bay horse, to satisfy the said judgment and costs. This day of
18 . L. M. [seal.]
J. P. of County.
FENCES.
Summons for two free holders to examine fence fyc., under act 1807 ch. 8.
State of Te^essee,| To G. H> Constable, (or other citizen) of said County.
A. B. having complained to me, that the cattle, horses and hogs of C. D. have
done much injury to his crop by breaking over his fences, I therefore command
you to summon J. K. and L. M., discreet and impartial freeholders, to attend with
me on the premises, to view and examine, on oath, if the fences of the said A. B.
be sufficient or not, and if not to ascertain what damage he has sustained by rea-
son of said trespass. This day of 18
(Sighned officially by Justice.)
elec noNs.—Forma,
75$
Report of said Justice and freeholders.
We after having examined the fences of A. B. do certify that his fence in-
closing the cultivated ground which was trespassed upon by the cattle, horses
and hogs of C. D. was, and is more than five feet high, and three feet from the
ground sufficiently close to prevent the passage of hogs in every part thereof.
We also certify that the said A. B. has sustained damage from the trespass of the
cattle, horses and hogs of the said C. D. to the amount of dollars. This
day of 18
[To be signed and sealed by the said Justice and freeholders.]
Warrant for the sum above certified.
State of Tennessee, j rpQ gheriff or any Constable of said County.
I command you to summon C. D. to appear before me or some other Justice to
answer A. B. in a plea of debt for [the amount certified by the Justice and free-
holders] being the amout certified by a Justice and two freeholders to be due to
A. B. for damage done his crop by the stock of said C. D. This day of
18
[Signed officially by Justice.]
Note. Judgment and Execution in common form. Proceedings on 3d sec. like other cases of tres
pass for damage to property.
ELECTIONS.
Oath to be administered to Judges and Clerks of elect ions by Sheriff or depu-
ties, (Act 1809 ch. 36.)
You do swear that you will well and truly perform the duties of Judges and
Clerks, respectively, of the election now about to be held, according to law and
the best of your skill and ability, without fear, favor, or partiality; so help you
God,
Note. In elections of Justices and constables, a Justice or the person holding election may administer
the oath, act 1835 ch. 1, s. 11.
Certificate of the election of Senators and Representatives of the Gen'l Assembly.
I do certify that at a popular election held at the respective election grounds
in all the districts of County, on the day of August 18 A. B.
was duly elected Senator and C. D. representative of said county to the next
General Assembly of the State of Tennessee. The following is the aggregate
statement of the polls, to-wit; For Senator A. B. received votes and E. F.
votes. For Representative C. D. received votes and J. K.
votes. This day of 18
(To be signed by Sheriff and handed to the persons elected.)
Note, If there are more than one County in the dittrict let the certificate be made out and signed by
the Sheriffs jointly and the vote in each county given.
Certificate of election of a county officer (Act 1835 ch. 2, sec. 4, 5.)
I do certify that at an election held at the several district election grounds in
my county on the day of 18 according to law, [here name the per-
son to tvhom the certificate is to be given] was duly elected to the office of [here
name the office;] the following being the aggregate state of the polls for that
96
754
GARNISHEE. F Otms.
officer, to wit; [here give the whole number of votes given for each candidate.]
This day of 18
[7°. he signed by the Sheriff or person holding the election under the 1st sec. of
said Act]
Certificate of election of Justices of the Peace [Act 1835 ch. 1 sec. 12.]
I do certify that at an election held at the election ground in [here name the
district or districts hy number in which the election was held] on the day of
18 the following citizens were duly elected Justices of the Peace for
the county of to-wit, L. M. and R. S. for district number [#o name
all the districts in which elections are held and the persons elected in each.]
{To be signed by the Sheriff and sent to the Governor.)
Certificate of the election of Constables {same Act.)
I do certify that at an election held at the election ground in {here name the
district) on the day of 18 the following citizens were duly elected
Constables for the county of to-wit, G. H. for district number {so name
the person elected in other districts if there are elections in more than one.)
{To be signed by the Sheriff and filed in County Court.)
Certificate of the votes given for a member to Congress, {Act 1832 ch. 4,1835
ch. 2.)
I do certify that at a popular election held according to law at the respective
election grounds in all the districts in county on the day of August
18 for members to Congress &c. A. B. received votes and C. D.
votes. This (the day appointed for comparing the polls.)
[To be signed by the Sheriff dye. see said Acts.]
Certificate of the votes given for Governor {Act 1827 ch. 23 sec. 12 see Sherif.)
I do certify that at a popular election held according to law at • the respective
election grounds in all the districts in county on the day of August
18 for Governor &c. A. B. received votes and C. D. votes.
This {the day of comparing the polls.)
{To be signed by Sheriff and disposed of as required by said Act.)
Note: There are no particular forms prescribed for the foregoing certificates, so the qfficers are not
of course bound to make them out in the words of the above forms, but they will be good in any form if
they contain all the necessary facts. The above are only given to aid officers who are not experienced in
such duties.
GARNISHEE.
Summons of Garnishee under acts 1803, ch. 6. sec. 3., 1811, ch. 89. 1815,
ch. 20. sec. 1.
To T. W.
I summon j^ou to appear before L. M. esquire at the house of on the
day of 18 [orif the execution be from court at the neat Urm cf the tir-
cuit court for county to be held on the Monday of next, on or he-
fore the day thereof ] to answer on an oath w hat you are indebted to onr C.
D., against whose property, I have in my hands an execution in favor of A. B.
which he has no property in my county to satisfy; and also to state what effects of
ftUARDIAN—Forms,
755
the said C. D. you have in your hands or know of any other person having, to the
best of your knowledge, recollection and belief. This day ot 18
[To be signed officially by the officer]
Note 1.—A ropy of this summons should be left with T. W. and the original returned with the proper
endorsement. The subsequent proceedings under these statutes will be the same as those in cases of gar-
nislunent in original attachments, with such slight changes as will readily suggest themselves. Therefore
instead of repeating them here, the officers concerned are referred to that title in this appendix.
Note 2.—It may be also proper to remark that where a garnishee upon examination discloses the fact
that any other person Is indebted to or has effects of the defendant, the summons for such person should be
issued to some officer and signed by the justice. (Act 1815 ch. 20. sec. I.;
GUARDIAN.
Report of Guardian at next term after appointment, (Act 1762 ch.5,sec,9,)
To the worshipful county court of county.
In obedience to the statute in such cases made and provided, I make to your
worships the following report, of all the property which has come into my hands
by virtue of my appointment at the last term of this court, as guardian of C. D.
one of the children and heirs at law of E. F. deceased.
(Here set forth the money or property, both real and personal with particu-
larity item by item and from whom and when received. If claims of any
hind be received state on whom and when due—if slaves, state their ages and
sex—if land, say how much of it is cleared and of what quality)
All which is respectful ly submitted. This day of 18
{Signed by Guardian.]
A. B. made oath in open court that the foregoing report is full, true and per-
feet to the best of his knowledge and belief. This day of 18
[Signed by the Clerk of the Court.]
Report of the annual profits and disbursements by Guardian (Act 1762 ch, 5,
sec. 9 and 15.)
To the worshipful county court of county.
The undersigned makes to your worships the following exhibit of his receipts
and disbursements as guardian of C. D. since his last report made on the day
of 18 .1 am chargeable with the following amounts to wit:
Received from on the day of for rent of land $100 00
" from on the day of for hire of slave Sam 75 00
Interest of $ the amount of cash in my hands at last settlement 100 00
Disbursements $275 00
Amount paid to for schooling (see acct. and receipt) $ 12 50
Paid for necessary merchandise (see acct. and receipt) 50 00 62 50
Amount due Ward - - $ 212 50
To which add amount cash in my hands at last report $
Making now in my hands of cash besides property before reported $>
All which is respectfully submitted. This day of 18
[Signed by Guardian.]
A. B, made oath in open court that the foregoing account of profits, receipts
and disbursements is true, full and correct to the best of his knowledge and be-
lief. This day of 18 [Signed by the Clerk.]
756
habeas corpus—jForms.
Note.—If any other land or personal property should be received, by the guardian,it should always be
reported at the first''Orphan's Court," (wichis the January term of the circuit court In every county) af-,
ter tt is received. Every item of receipts and expenses ought to be particularly set out in the manner above
and> the vouchers to sustain the disbursements referred to.
Receipt to Guardian for Disbursements.
Received of C. D. dollars, the amount of my account for the tuition of
A. B. his ward months, [or merchandise furnished or whatever the items may
be.] This day of 18 E. F.
Receipt to Guardian from ward when of age.
Received of C. D. dollars in full [or in part] of the amount of money due to
me from him as my guardian. This day of 18 A. B.
HABEAS CORPUS.
Petition for writ of Habeas Corpus.
To the Hon. L. M., Judge &c.
Your petitioner would represent to your honor that he is illegally confined in
the jail of county by virtue of a mittimus, [or otherwise as the fact may be]
from E. F. a justice of the peace for county a copy of which is herewith pre-
sented, on a charge of [here state the offence charged] Your petitioner would
state that the said charge is false [or thai he is illegally confined without any legal
charge against him if such be the fact.] He therefore prays your honor that you
would grant him the writ of Habeas Corpus, thathis case may be investigated and
disposed of as prescribed by law. This day of 18 [Signed by prisoner.]
Affidavit.
State of Tennessee, /
County. $
This day came A. B. the above petitioner before me and made oath that he is
detained in custody by C. D. and that he belives his confinement to be unjust and
illegal. This day of 18 R. S.
J. P. for county.
Writ of Habeas Corpus.
To (the person having control of the petitioner) Complaint having been made
to me by the petition of A. B. that you have him under confinement illegally and
unjustly, and I being satisfied that his case should be investigated, I therefore
command you to have the body of A. B. before me at on the day of
18 together with the cause of his detention and your authority for the same,
to the end that whatever justice and the law of the land may require, may be done
in his behalf. This day of 18 [Signed by a circuit Judge.]
Subpoena for witness in trial under Habeas Corpus. (Act 1823 ch. 15.)
State of Teotjessee, j rpq ^ ghei.]fl* 01. any Constable of said county.
You will summon A. B. to attend at on the day of 18 to give
evidence in behalf of (ihe State or defendant as the case may be) in a case of the
State vs. C. D. on a charge of then and there to be investigated under a writ
of Habeas Corpus, before L. M. one of the judges of the circuit court, under a
IDIOTS AND LUNATICS—JAILS AND JAILORS. Forms. 757
penalty of two hundred and fifty dollars for failing to attend. This day of
18 [Signed officially by Justice.]
IDIOTS AND LUNATICS.
Oath of Jury of Inquisition (Act 1797 ch. 41.)
You and each of you swear that you will diligently inquire into the mental con-
dition of A. B., and well and truly determine in your verdict whether he be an idiot
or lunatic and what lands or chattels he may hold or possess, if of insane mind, to
the best of your judgment.
Verdict of the Jury.
The undersigned free holders of county, having been duly summoned and
sworn as a jury to inquire into the mental condition of A. B. after diligently in-
vestigating the matter, do find that the said A. B. is an idiot [or lunatic as the case
may be] and utterly incapable of managing his own affairs with safety to himself
and others. We also find that [here state whether he owns any -property or not, and
if so what kind ^c.] [Signed by all the Jury.]
jVote.—If there be danger of violence to the person or property "of others from the insane person, the
Jury shall also state that fact so that the court may proceed as prescribed in the second section of the above
act. If there be Buch imminent danger of violence as to make it unsafe to others three justices may commit
the lunatic to jail by a warrant in the form followiug:
State op Tennessee^ ) ^ T *i r>
County I lo the Sheriff or Jailor of county.
You will safely keep in your jail A. B. a lunatic, who has become so violent as
to be dangerous to the community, until he be discharged by order of the court of
your county according to law. This day of 18
[Signed by three Justices officially.]
JAILS AND JAILORS.
Mittimus to the Sheriff or Jailor of another county (Act 1817, cA. 17, sec. 2.)
STATE °P TCo™tv.E' 1 To the SheriffOT Jailor of county.
The jail of my county being considered by me insufficient, I command you to
receive into your jail and keep safely the body of A. B. who has been tried before
me and adjudged guilty of (here state thejoffencef) and having also failed to enter in-
to recognizance for his appearance at court as required by law. This day of
18 L.M. [Seal.]
Justice of the Peace for County.
Order to Jailor of another county to deliverprisoner^ (Act 1819, ch. 9. sec. 1.)
To the Sheriff or Jailor of county.
I command you to deliver A. B. who is confined in your jail under a mittimus
from a justice of my county on a charge of [here state the offence] to the sheriff
of my county, that he may be brought before the circuit court of county at its
next term for trial. R. S. [Seal.]
Justice of the Peace for county.
Certificate of the Clerk to said order.
I certify that R. S., whose name is signed to the order to the Sheriff or Jailor of
758
justices of the peace Fon/lS.
county for the body of A. B. is an acting justice of county. This Jay
of 18 <J. H.
[Here affix county seal] Clerk of county court.
JUSTICES OF THE PEACE.
forms in criminal proceedings felonies.
State's warrant for Murder (Act 1829, ch. 23. sec. 2.—See Felonies.)
State of Tennessee, j j,q ^ gjjerjff or any Constable of said county.
A. B. having made information on oath before me that C. D. on the first day
of July 1836 in the county aforesaid unlawfully, feloniously and of his malice
aforethought did kill and murder one E. F. then and there being under the peace
of the state, by violence upon his body, with [here state the weapon used, or if by
poisoning or otherwise so state it] I therefore command you in the name of the
state to take the body of the said C. D. and bring him forthwith before me or some
other justice of said1 county to answer the said charge and be dealt with as the
law directs. This first day of August 1836.
r [Signed under seal officially.]
Note 1.—In a warrant for Manslaughter, leave out the words, "and of his malice aforethought did
kill and murder" and insert these words did «kill and slay."
Note 2 —In making out a warrant for any other felony let the above form of a state's warrant, be pur-
sued, omittingthe description of the crime between the words "feloniously" and "I" describing the crime
for which the warrant is to issue, as nearly in the words of the statute as practicable, which may be seen
by turning to the title "Felonies" in this book, as all felonies by the laws of this state are there defined.
If the words "fraudulently" or "maliciously" or any particular intent, are made an ingredient in the felo-
ny, the warrant should contain it. Where the act states several things which it prohibits, that are separa-
ted by the word "or" the warrant should not follow the act throughout, but only charge the offence that
actually took place, according to ihe truth, A magistrate should never issue a warrant for a lelony with-
out turning to the section of the act which defines it. By doing this, with care, and attention, there will
be but very little if any danger of going wrong.
Note 3—It will be seen by reference to "Felonies" 1829, ch. 2,3. sec, 62, that all persons who are pre-
sent aiding and abetting, or ready to do so, in any felony, are principal offenders, therefore a warrant against
such need not differ from one against a principal;
Warrant against an accessary before the fact, [Act 1829, ch. 23. sec. 63.]
State of Tenote^see, j rpq Sheriff or any Constable of said county.
A. B. having made information, on oath, to me, that C. D. on the first day of
July 1836, in the said county, unlawfully and feloniously, [here slate the offence
as in a warrant against the principal.] And one E. F. not being present at the
commission of the said crime, did before that time, to wit: on the 29th day of June
1836, feloniously counsel, direct and advise the said C. I), to do and commit the
crime aforesaid; I therefore command [herefollow the form for murder to the end!\
Warrant against an accessary after the fact. "[Act 1829 ch. 23. sec. 64.]
Pursue the form above to the word "did" in the 4th line and then describe the
offence thus "after that time, to wit: on the 2nd day of July 1836, did knowing-
]y feed, secrete, lodge, aid and comfort the said C. D. [Here follow the warrant
of murder to the end.]
forms in misdemeanors.
State's warrant in cases of Misdemeanors.
rate of rerwe^see, j To the Sheriffor any Constable of said county.
A. B. having given information to me, on oath, that C. D. on the first day of Ju
justices of the peace. ForttlS.
759
ly 1836, in the county aforesaid did unlawfully make an assault upon E. F. [or
retail spirits, or play at game ofhazzard for money or property, or any other of-
fence hy statute or common law as the fact may he] I therefore command you in
the name of the state to take the body of the said G. D. and bring him forthwith
before me or some other justice ofsaid county to answer the said charge and be
dealt with as the law directs. This first day of October 1836.
[Signed under seal officially.]
JVote 1.—If an offence, either a felony or misdemeanor, be committed in-the presence or view of a justice
he may either order an officer or any other person to arrest the offender, or he may issue a warrant. Such
warrant will only differ from the forms given above in the first line—it should begin thus "C. D. in my view
and presence on the first day of July" ^c.
Note 2 All offences made indictable by Acts of Assembly in this state under the grade of felony are either
inserted or referred to under the title Misdemeanors, and those indictable by common law are presumed to be
familiar to every justice.Therefore it is thought entirely unnecessary to multiply forms, as the form of a state's
warrant will be the same in every case except that part of it in which the offence is named or described
briefly. In all cases made indictable by statute it wili be easy to see and insert the description of the offence
contained in the act with such slight changes and abbreviations as may be necessary.
FORMS IN CRIMINAL PROCEEDINGS.
Subpoena for witnesses to attend trial before a Justice.
(Act 1804,ch. 1.)
State of T^p^ssee, j the sheriff or any Constable of said County
I command you to summon [here name the witnesses] to appear at [here name
the p lace of trial] belore me, on the day of 18, to give evidence in be-
half of the defendant [or State,] in the case of the State vs. C. D., under the pen-
alty prescribed by law. This day of 18.
[Signed by the Justices.]
Note. A witness not attending is liable to an action for domages by said Act.
Examination of defendant. (Act of 1715, ch. 16.)
The State vs. C. D. In this case the defendant comes before me, and
makes the following statement in relation to the offence with which he is
charged, to wit: I [here write down his own words as near as practicable; or
if he declines making any statement which he has a right to do, let it be so
stated. The defendant should not be sworn, or in any way influenced by pro-
mises or threats to make disclosures, but should be left to the free and unbia-
sed dictates of his own will.] [To be signed by defendant.]
Taken before me this day of 18 . L. M., [J. P.]
Examination of witnesses under same Act.
The State vs. C. D. E. F. a witness for the State, being duly sworn to speak
the truth, the whole truth, and nothing but the truth, in the said case, says that
[here give the evidence as nearly in the language of the witness as practicable,
and let him sign it.]
Note 1. Proceed in the same manner with all the witnesses on both sides, and then close in these or some
such words;' "The foregoing is a true statement of all the evidence in this case given before me. This
day of 18 L. M., [J P.]
Note 2. The foregoing examination of defendant and witnesses, if the defendant is guilty, should be trans*
mitted, with the other papers, to the Clerk of the Circuit Court, and if not guilty, preserved by the Justice
in his office.
Judgment of the Justice.
The State vs. C. D. It is considered by me in this case, that the defendant is
guilty of murder in the first degree, as charged in the warrant, and therefore that
he be committed to the jail of • county, to be further dealt with as the law d^
rects. This day of 18. [Signed by the Justice.]
760
JUSTICES OF THE PEACE*
Ncwb. All other felonies and misdemeanors are bailable, and therefore the judgment will be in the fol
lowing form. Capital offences are also bailable, except where the proof is evident or the presumption great.
See Con, Art. 1, sec, 15.
The State vs. C. D. It is considered by me in this case, that the defendant is
guilty of larceny, [or whatever the offence may he,] as charged in the warrant, and
that he be committed to the jail of county, unless he will enter into recogniz-
ance, with sufficient security, to appear at the next term of the circuit court for
said county, on the first Thursday [if that be State's day,] after the first Monday
thereof, to be further dealt with as the law directs. This day of 18
[Signed by the Justice.]
Mittimus.
State op t®™e, j To the Sheriff or Jailor of said county.
C. D. having been tried before iue on a charge of [here state the offence in the
words of that part of the warrant which describes it,] anil being of opinion from
the evidence lhat he is guilty thereof, and he failing to enter into recognizance
according to law, for his appearance at court [or his case not being bailable, ij
such be thefact,] 1 therefore command you to receive the said C. D. into your cus-
tody in said jail, and him safely keep until he be delivered by due course of law.
This day of 18
[Signed and sealed officially by Justice.]
Judgment in favor of Defendant,
The State vs. C. D. It is considered by me in this case, that the defendant is
not guilty of the offence charged against him in the warrant, and that he be dis-
charged from custody. This day of 18
[Signed by Justice.]
Judgment in favor of defendant, and against prosecutor for costs. (Act
1817, ch. 100.)
The State vs. C. D. It is considered by me in this case, that the defendant is
not guilty of the offence charged against him, and that he be discharged, and
being of opinion that the prosecution is frivolous and malicious, I do tax the pro-
secutor, with the costs, and order that execution issue for the same. This
day of 18 [Signed as before.]
Recognizance for apvearance of defendant. (Act 1715, ch. 16.)
This day came C. D. E. F. and G. H. before me and acknowledged themselves
to be indebted to the State of Tennessee, as follows, to wit: the said C. D. in the
sum of dollars, and the said E. F. and G. H. in the sum of [whatever sum may
be thought reasonable according to the grade of the offence] jointly and severally.
To be void, however, if the said C. D. make his personal appearance at the next
term of the Circuit Court for the county of , to be held in the town of
on the Monday of next, on the first Thursday [if that be State's day.]
thereof, to answer the State upon a charge of larceny [or whatever the offence
may 5e,] and not depart from said court without leave of the same. This
day of 18 L. M.
J. P. for county.
Not*. By referenoe to act 1809, ch. 6, sec. 2, (Skk Bail,) the sum in which the recognizance shall be
taken in the different offences where a defendant is surrendered by bis bail, may be seen. Perhaps thOEi
sums would be proper to adopt generally.
justices of the peace.—Forms',
761
Recognizance of the prosecutor under same act,
A. B. this day came before me and acknowledged himself to be indebted to the
State of Tennessee in the sum of five hundred dollars; but to be void if he make
his personal appearance at the next term of the Circuit Court for county,
to be held on the Monday of next, on the second day thereof, to pro-
secute one C. D. on a charge of [here state the crime. And give evidence against
him if he he a witness also,] and not depart without leave. This day of
18 [Signed as above.]
Note. The witnesses may be also recognized in the above form, with slight changes—all the witnesses
may be included in one recognizance, in the sum of $250 each;
Affidavit for a Peace Warrant,
A. B. appeared before me and made oath that he has just cause to fear, and
actually does fear, that C. D. will kill or do him some great bodily harm, or pro-
cure the same to be done, [or destroy or injure his property, if that be the ground]
and therefore he prays sureties of the peace from him. This day of 18
[Signed by the Justice.]
Peace Warrant,
State of Teiwessm, j ^o the Sheriff or any Constable of said.county.
A. B. having made oath before me that he has just cause to fear, and does fear,
that C. D. will kill or do him some great bodily harm, or procure it to be done,
[or destroy or injure his property,] I command you to take the said. C. D., and
bring him before me or some other Justice, forthwith to be dealt with as the
law directs. This day of 18
[Signed under seal and officially,']
Note. On the return of this warrant, A. B. must swear that he does not reqdire surety of the peace out
of spite or malice, or for mere vexation, and must also shew some good cause for his fears, such as threats,
attempts, #c. to do him harm:
Judgment requiring sureties of the peace.
The State vs. C. D. It is considered by me that the said C. D. enter into rec-
ognizance, with good security, in the sum of dollars, to appear at the next
term of the Circuit Court for county, and to keep Ihe peace in the mean-
time, or be committed till he give such security. This day of ■ 18
[Signed by Justice.]
Note. In case of failure to give security to be sent to jail, by a mittimus in the common form, except the
changes necessary to meet the facts of the case.
Recognizance to appear at Court and keep the peace in the meantime,
C. D. E. F. and G. H. acknowledge^ themselves to be indebted to the State of
Tennessee, in the sums following, to wit: the said C. D. in the sum of
dollars, and the said E. F. and G. H. in the sum of dollars each; but
to be void if the said C. D. shall make his personal appearance at the next term
of the Circuit Court for county, [on State's day,J to answer the State on a
peace warrant, procured upon the oath of A. B-, and keep the peace in the mean-
time towards all the citizens of the State, but especially towards the said A. B.,
and abide by the sentence of said court, and not depart without leave. This
day of 18 [Signed by the Justice officially.]
Note. Under title "Arms" in this appendix, a form of bond for good behavior may be found. For any
grossly scandalous or indecent behavior, or threatened violence, in the presence of a Justice or Judge, he may
verbally order any officer or other person to arrest the offender, and bind him over to the peace for his good
behavior. The above form, and that referred to under "Arms,,' may be easily adapted to such a case.
Note. The forms in cases of Bastardy, and for carrying arms. $c. see those titles in this Appendix,
97
762
JUSTICES OF THE PEACE.
forms in civil proceedings.
Warrant for Debt.
State of Tennessee; | To tlie g^eriff or any Constable of said county.
I command you to summon C. D. to appear before me or some other Justice
of said county, to answer A. B. in a plea of debt, for a sum under one hundred dol-
lars, [or "under fifty dollars? if it be on a claim, wherethejurisdiction is limited to
that sum.~[ This day of 18 L. M., [Seal.]
J. P. for county.
Note 1. The acta of 1831 ch. 59. and 1835, ch. 17, sec. 1-2, under this title, will shew clearly the pre*
sent jurisdiction of a Justice of the Peace on contracts, either express or implied.
Note 2. It is conceived by the compilers that a warrant in debt, in the above form, will be good in any
claim for money, except cases under the act 1829, ch. 24, for wrongs.
Note 3, Ifthe suit be in the nameofone forthe use of another, as in the case of a note handed over without
assignment, or an account traded, (which is not assignable or negotiable,j let the warrant read, "to answer
A- B. for the use of E. F."
Note 4. If there be more than one person interested on cither side, the names of all should of course be
inserted. And in case of partnership, the names of each partner should be given in full, and also the style
of the firm; thus A. B. C. D. and E. F., partners in trade, under the style of A. B.and Co., (or whatever the
name of the firm may he.)
Note 5. In all cases where executorB or administrators are concerned, on either side they should be so
described, as "A. B. administrator (or executor) of C. D.
Note 6. If an administrator or executor should fail to come forward, and plead "fully administered,"
and prove the fact, he will be personally liable, and cannot plead it on a scire facias, to make him liable
individually. 1 Yer. 399.
Note 7. If the suit be for a claim due from, or to a man on account of his wife, which accrued before the
marriage, both should be included and the fact so stated.
Judgmentfor the plaintiffj [usually entered on the bach of the warrant.]
A. B. vs. C. D. I give judgment in this case for the plaintiff against the defen-
dant, for dollars and costs, for which execution may issue. This day of
18 L. M., [J. Pj
Judgment for the same after allowing a set-off.
A. B. vs. C. D. Add to the above form after "costs," the balance of his claim,
deducting dollars, allowed to the defendant as a set-off, for which execution
may issue.
Judgment by confession. [Act 1829, ch. 50, sec 2.]
C. D. Came before me this day, and confessed that he owes A. B. by [bond,
note, covenant, bill, or account liquidated and reduced to writing, as the fact may
be\ in the sum of dollars, and agrees that judgment may be entered for
the same, I therefore give judgment in favor of the said A. B. against the said C.
D. for dollars and the costs, for which execution may issue. This day
of 18 L. M.,
J. P. for county.
Judgment in favor of the defendant for costs.
A.B. vs. C. D. I give judgment in this case in mvor of the defendant, and
against the the plaintiff for all costs, for which execution may issue. This
day of 18 [Signed by Justice.]
Judgmentfor the defendant in case of set-off. [Act 1815, ch. 53.]
A. B. vs. C. D. I gave judgment in this case for the defendant against the
plaintiff for dollars, the excess of defendant's claim presented as a set-rff,
over that of plaintiff, together with the costs, for which execution may issue.—
This day of 18 [Signed by Justice.)
NoTE.|For form of execution and affidavit to obtain within two days fcr judgment. See title Exec i top
in Appendix.
"justices of the peace.—Forms,
763
Warrant for damages for injuries done to person or property, {Act 1529, ]
ch, 24.)
State of Tennessee, j Tq ^ gheriffor any Constable of said county.
I command you to snmmon C. D. to appear before me, or some other Justice of
said county, to answer the complaint of A. B. of a plea of trespass, with force and
arms, for wounding his horse, to his damage fifty dollars. This day of
18 L. M., [Seal.]
J. P. for county.
Note. In all warrants under this act, the injury must be distinctly stated in the warrant, thus "for as-
saultingand beating him"—"for false imprisonment of his person"—"for killing one of his cows"—"for
breaking down his fence"—"for cutting down ten valuable trees on land"—or any other thing that may
constitute the injury complained of; So the only alteration of the above form to suit any case jsvill be to
leave out the words, "for wounding his horse," and inserting the true cause of complaint.
Warrant for damages for taking or detaining the property of another,
[AcH829,cA. 24.]
State of T^nessee,| Tq ^ gheriff or any Constable of said county.
I command you to summon C. D. to appear before me, or some other Justice of
said county, to answer the complaint of A. B. of a plea of trespass, on the case for
taking and converting to his own use, one horse, the property of the plaintiff, to
his damage fifty dollars. This day of 18
L. M., [Seal,]
J. P. for county.
Note. This is commonly called an action of trover, and lies where one man has in his possession, by any
means, either lawful or unlawful, or has had in his possession, the property of another, and refuses on de-
mand to deliver it. No demand is necessary if the first taking was unlawful, or the property has been ac-
tually converted. But if the property was first had by loan, or other lawful way, a demand must be made
and proved, unless there has been an actual conversion. This is the proper remedy where an officer takes
the property of one for the debt of another. The kind of property should always be inserted in the war-
rant.
Warrant for injuries to another without force, [Act 1829, ch, 24,]
Follow the above form to the word "casef and then proceed, "for a fraud in the
sale of a horse which he warranted to be sound {if there was no express warranty
say "represented" instead of "warranted,") but which was in fact unsound, and
that well known to the defendant to the plaintiff's damages, fifty dollars. This
day of 18 {Signed as above.)
Note 1. Defendants knowledge of unsoundness need not be proved in case of warranty, but must where
there is no warranty.
Note 2. For ony other injury without force, except slander, where the damage is under fifty dollars, this
form may be pursued. Such as an injury to a borrowed horse,—the loss or injury of property by a wag-
oner or other carrier,—against any officer for failing to do his duty, or doing it improperly,—for making a
dam in a water course by which another's land is overflowed, &c. %c. In ail such j;ases insert the true
cause of complaint, and thereby adapt the form to any case that may occur.
Note 3. For forms of executions generally, either against the property or body (a Fi: Fa. or Ca. Sa.) and
the affidavits required to procure them in particular cases. See Execution, Appendix.
Judgment in all cases, {Act 1829, ch, 24.)
A. B. vs. C. D. I find the defendant guilty as charged in the warrant, and
assess the plaintiff's damage to dollars, and give judgment against the de-
fendant for the same, and costs, and order that execution issue. This day of
18 L. M., (J. P.)
764
JUSTICES OF THE PEACE Form*.
Order granting an appeal, (See Appeals and Writs of Errot
Act 1809i'ch. 6, sec. 1.)
From which judgment the said C. D.'(or A. B.) demands an appeal to the next
term of the Circuit Court for county, which is granted to him, he having
given bond and security according to law. This day of 18
L. M., [J. P.]
Note. Two entire days after the day of trial are allowed to appeal.
Appeal Bond, [Act 1794, ch. 1, sec. 54.]
We hind ourselves to (the opposite party) in the sum of (an amount sufficient to
cover the judgment and costs, commonly double the amount of the judgment,) to be
void if C. D. (or the party talcing the appeal,) who has this day appealed to the
next term of the Circuit Court for county, from a judgment of L. M., a
Justice of said county, in favor of A. B., against him, for dollars, shall pro-
secute said appeal successfully, or in case of failure shall comply with and per-
form the judgment of said court. This day of 18
(Signed and sealed by the appellant and securities.)
Stay of Execution, [Act 1835 ch. 41. See Stay of Execution.)
The defendant demands a stay of execution on the above judgment, for the
time prescribed by law, and E. F. comes forward, and (or by order in writing
under seal,) offers and agrees to become his security for the same, and that exe-
cution may issue against him, together with the defendant, if the judgment is not
satisfied, and he is accepted by me. This day of 18
L. JV1., [J. P.]
Or thus: I acknowledge myself security for the stay of execution, on a judg-
ment this day rendered by L. M., Esq. in favor of A. B., for dollars and
costs. This day of 18 E. F., [Seal.]
Order to be entered as Stayor.
To L. M., Esq.
I will become the security of C. D. for the stay of execution on
a judgment which has been (or may be) rendered by you against kim, in favor of
A. B., for not more than dollars, and you may enter my name accordingly.
This day of 18 " " E. F., [Seal.]
Note 1. There are only two ways of binding a person as stayor, to wit; 1st. by the Justice entering his
namein his presence, or he signing his own name, the judgment being present; or 2nd, an order as above,
which should be filed with the papers. Mar. and Yer. 118.
Note 2. Two entire days are allowed after the day of judgment, to stay execution, unless a certain uffi-
davit is made. Act 1835, ch. 17, sec, 10, for which affidavit, See Execution, Appendix.
(Scire Facias to revive a judgment. [Act 1831, ch. 111.)
State of T^tnessee, j To the Sheriff or any Constable of said county.
I command you to summon C. D. to appear before me at my house (or any other
place that may be designated) on the day of 18 to shew cause, if any
he has, why execution should not be issued against him, on a judgment rendered
by me,( or if by another, name him) in favor of A. B., on the day of
18 for dollars and costs. This day of 18
L. M., [Seal,]
J. P. of county.
Note. Where a judgment has been permitted to remain without execution for a year and a day or longer,
the obove process must issue before execution can be had, but if an execution has been issued and returned,
another may issue at any time without .ici. fa.
justices op the peace forms.
765
Judgment on the above Scire Facias for the plaintiff,
A. B. vs. C. D. It is considered by me in this case, that execution issue in
favor of the plaintiff against the defendant, for dollars, with interest from
the day of 18 and the costs. This day of 18
L. M., [J. P.]
Scire Facias to revive a suit against an Administrator or Executor.
[Acts 1786, ch. 14, sec. 1, page 65; and 1831 ch. 111, page 647.]
btate of TEimEssEE, j rpq ^ gjjeriff or any Constable of said county.
I command you to summon E. F. administrator (or executor) of C. D. deceased,
to appear before me on the day of 18 at my house, to show cause,
if any he has, why the suit, which was pending before me by A. B., against the
said C. D. at the time of his death, should not be revived and continued against
him, as administrator as aforesaid. This day of 18
L. M., [Seal,]
J. P. of i ounty.
Note. This process must be issued in cases where the defendant dies either before or after judgment; but
where execution is issued before the death of defendant, the plaintiff may proceed without this writ.
Judgment of Revivor.
A. B. vs. E. F. It is considered by me that this suit (or the judgment vs. C. D.
if that be the case) be revived against the said E. F. administrator of C. D. This
day of 18 L. M., [J. P.]
Scire Facias to make an Administrator or Executor personally liable.
(Acts 1822, ch. 43, juag-e 81; and 1831,ch. \\\,page 647.)
State of Tennessee, j rpq g]jeriff or any Constable of said county.
It appearing to me that an execution issued in favor of A. B. against the goods
and chattels of C. D. deceased, in the hands of E. F., his administrator, on a judg-
ment against the said E. F. for dollars, and costs, rendered on the day
of 18 and the same having been returned "no property found," by G.
H. a constable of said county, and it being suggested to me that the assets of said
estate have been wasted by the said E. F., I therefore command you to summon
the said E. F. to appear before me at my house, on the day of 18
and shew cause, if any he can. why execution should not be issued against his
own goods and chattels, lands and tenements, for the satisfaction of the said judg-
ment. This day of 18
L. M., [Seal.]
J. P. for county.
Note. "Fully administered" cannot be pleaded on a set. fa. but can only be done on the trial. If it be not
there pleaded, it is conclusive that the defendant has assets. And the return of "nothing found,'^on a fi. fa .
is evidence of a devastavit, fn either case the administrator will be made personally liable on set. fa. 1
Yer. 399.
Judgment on the above.
A. B. vs. E. F. It appearing to me that the facts stated in this writ are true, I
therefore consider that execution issue against the said E. F. for the within judg-
ment, for dollars, interest and costs, and the costs of this proceeding to be
levied of his own proper goods and chattels, lands and tenements. This
day of 18 L. M. [J. P.}
766
JUSTICES OF THE PEACE. Forms.
Scire Facias from J. P. against heirs or legatees to rnalie lands liable.
(Same Act.)
Pursue the above form to the words "to me that," and then proceed, "there are
lands of said estate in the hands of (here name all the heirs and state who are min-
ors,) heirs at law of the said "C. D. deceased, (or legatees if the land be held by
will,) which is liable to the*payment of said debt; J therefore (then proceed to the
end as above.)
Note. This writ must be served upon every heir, whether of age or not. If there be minors, they must
he served with process, as well as their guardians, and the return of the officer must shew that fact. If the
heirs can make no legal defence against the demand, judgment will be entered against,the land in their hands,
and execution issued, which, when levied, must be returned to court, where the land will be condemned as
in other cases.
Judgment against the heirs.
A. B. vs. the heirs of C. D. No sufficient cause being shown why the land
of the estate of C. D. should not be liable for the judgment recited in the sci.fa.
in this case, it is considered by me that execution issue against the same, and the
said sum of dollars, with interest and costs, be levied thereon. This
day of 18 L. M., [J. P.]
Note. Execution to be in the common form, except instead of running against thegoodsand chattels, Sfc.
let it read, "of the lands and tenements of C, D. deceased, in the hands of his heirs (then as in other
eases.)
Scire Facias to make a husband who has intermarried with a feme sole defend-
ant, a party. [Act 1819, ch. 16 s,ec. 3, page J56.]
State of Tennessee, j »p0 Sheriff or any Constable of said county.
It being represented to me that since the commencement of the suit of A. B. vsj
C. D., the said C. D. who was then a feme sole, has intermarried with one E. F.,
I therefore command you to summon the said E. F. to appear before me on the
day of 18 at my house, and shew cause, if any he can, why the said suit
should not be revived and continued against him, as well as the said C. D. This
day of 18 L. M., [Seal.]
■ J. P. of county.
Judgment of Revivor.
A. B. vs. C. D. It is considered by me that this suit he revived and continued
against the said C. D. and E. F. This day of 18
L. M. [J. P.]
Note. For other forms used by Justices of the Peace. See Executions and other titles in this Appen-
dix.
L AND.
The Compilers have not inserted under this title of the Compilation the vari-
ous acts on the subject of the public lands. They were of opinion that it would
be a great addition to the size of the volume—not less than 200 pages, without any
corresponding benefit. They are all collected under sundry heads in the 2d
Vol. of Haywood & Cobbs down to 1829; and the titles of those passed since
that time, with a reference to the pages of the* Pamphlet Acts in which they are
to be found, are given below under the heads adopted by Haywood A Cobbs.
The acts which constitute what is commonly called the "Land Law" of this
State from 1800 down to this time, are of such a nature that it would be almost
impracticable to distribute them under different heads on tire plan of this work.
They are all confined in their operation to particular Sections of the State.
This fact is clearly indicated by the heads under which they are arranged in
LAND.
767
Hay wood & Cobbs; to wit; "South of French Broad and Holston"—"JV. and
E. of the Congressional Reservation Line"—"S. and TV. of the Congressional
Line"—"Hiwassee District, <fyc.
There is perhaps no one of them, the provisions of which appliy to the whole
State. So that all the citizens for whom this work is intended would not feel
interested in any one of them. Many of them have become obsolete, and none
of them generally referred to, or needed by any considerable number of the
citizens of any part of the State. Their insertion would produce the necessity of
dividing this work into two Volumes, which would necessarily enhance the price
considerably. The very few who have occasion to consult the Land Law, can
as we conceive find it as it now stands, and by the references here made, as easi-
ly as if it were inserted in this work. 2 Haywood and Cobbs, and the pamphlet
acts since 1829, can, at least, be found in every county town, where the very
few who ever desire to refer to them, can, without difficulty, have access to them.
We have, however, inserted such portions of the acts in relation to rights to real
estate as are of general use and application,—Such as the acts on Procession-
ing, Registration, Register of the Land Office, &c., &c., under the proper heads.
For these considerations we feel assured that the public will sanction our course
on this point.
HIWASSEE DISTRICT.
1831, ch. 31; page 45. Pamphlet Acts.
An Act to appropriate the School lands in the Hiwassee District, to the use of
Schools for the instruction of children therein.
1831, ch. 32; page 48.
An Act providing for the entry of the forfeited lands in the Hiwassee Dis-
trict.
1831, ch. 33; page 51.
An Act giving the purchasers and enterers of land in the Hiwassee District
further time to obtain their grants.
1831, ch. 34; page 52.
An Act Supplemental to an Act passed at the present Session of the General
Assembly, entitled "an Act to appropriate the School lands in the Hiwassee Dis-
trict to the use of schools for the instruction of children therein."
1831, ch. 35; page 52.
An Act to extend the benefits of the first section of an Act chapter 40, passed
at Nashville, on the 30th December, 1829.
1831, ch. 36; page 53.
An Act to amend an Act entitled "an Act to make entries liable to execution in
the Hiwassee District" passed December 12, 1827.
1831,ch. 37; page 54.
An Act Supplementary to an Act passed at the present Session of the Gener-
al Assembly to dispose of the forfeited lands in the Hiwassee District.
1831, ch. 38; page 54.
An Act concerning Indian Reservations in the Hiwassee District.
1831, ch. 39; page 56.
An Act to extend th6 provisions of an Act entitled "an Act concerning the
Register of the Hiwassee District," passed Oct. 2, 1827.
1833, ch. 8; page 4.
An Act giving further time to the enterers and purchasers of land in the Hi-
wassee District to obtain their grants.
1835, ch. 32; page 132.
An Act giving further time to the enterers and purchasers of land in the Hi-
wassee District to obtain their grants.
768
LAND.
1835, ch. 35; page 135.
An Act to amend an Act appropriating the School Land in the Hiwassee Dib-
trict and for other purposes.
1835, ch. 85; page 188.
An Act Supplemental to an Act entitled "an Act to extend the benefits of the
first section of an Act chapter 40, passed at Nashville on the 30th December
1829.
N. & E. OF THE CONGRESSIONAL RESERVATION LINE.
1831, ch. 63; page 86. Pamphlet Acts.
An Act giving further time for surveying entries and obtaining grants
thereon.
1832, ch. 2, page 37.
An Act prescribing the duty of Surveyors in certain cases.
1832, ch. 28; page 38.
An Act referring certain land claims for adjudication.
1833, ch. 6; page 4.
An Act giving further time for surveying lands North & East of the Congress-
ional Reservation Line and North of Tennessee River and for other purposes.
1833, ch. 17; page 12.
An Act to compel enterers of land in certain eases to have their entries sur-
veyed.
1833, ch. 27; page 27.
An Act giving further time for surveying entries and obtaining grants thereon.
1833, ch. 82; page 100.
An Act to appropriate the reserved lands at the Narrows of Harpeth.
1835, ch. 33; page 133,
An Act to authorize the registration of grants for land emanating from the
State of Kentucky between Walker's line and Matthew's line as provided for in
the compact of 1820 between this State and the State of Kentucky.
1835, ch.78; page 184.
•An Act to amend the several Acts prescribing the duties of Entry Takers.
1835, ch. 83; page 187.
An Act giving further time for surveying and obtaining grants on land North
and East of the Congressional Reservation Line and North of Tennessee River.
S. & W. OF THE CONGRESSIONAL RESERVATON LINE.
1831, ch. 64; page 87. Pamphlet Acts.
An Act to extend the time of making surveys on entries South and West of
the Congressional line.
1831, ch. 65; page 88.
An Act for the relief of those who may have balances of warrants unappro-
priated in the offices of the several surveyors South and West of the Congress-
ional Reservation line.
1831, ch. 68; page 89.
An Act to prevent the entry or settlement of the lands lying South of Win-
Chester's line.
1831, ch. 69; sec.3 page 90.
An Act for the relief of William P. Steagald.
1831, ch 78; page 99.
An Act for the relief of occupants South and West of the Congressional Line
and for other purposes.
1831, ch. 79; page 100.
An Act to amend an Act entitled "an Act for the relief of occupants South
and West of the Congressional Reservation line," passed at Nashville, Dec.30th,
1829, and for other purposes.
LIMITATIONS.
769
1832, ch. 27; page 37.
An Act prescribing the duty of Surveyors in certain cases.
1832, ch. 29; page 40.
An Act for the relief of the occupants South and West of the Congressional
Reservation line and for other purposes.
1833, ch. 84; page 102.
An Act further to provide for occupants South and West of he Congressional
Reservation lino and North of Winchester's line.
1835, ch. 37; page 136.
An Act giving the further time of two years for making Surveys and obtain
ing grants or entries made under the Act of 1819, ch. 1; and the acts subse
quent thereto.
1835, ch. 45; page f46.
An Act for the relief of occupants South and West of the Congressional Res-
ervation line and North of Winchester's line and for other purposes.
1835, ch. 46; page 151.
An Act to authorize the issuance of grants in certain cases.
1835; ch. 48; page 153.
An Act to establish the present Surveyor's Offices South and West of the
Congressional line, and to establish County Offices in lieu thereof.
1835, ch. 82; page 186.
An Act to provide for correcting mistakes in entries or locations of warrants.
LIMITATIONS.
Errata. In note 14 page 440, the word "not" should be inserted after the word "Note," and before
"Sealedand in the same lineSeo. 2 should be Sec. 3.
The act of 1815, ch. 27 sec. 2, 3, and 1797 ch- 43, sec. 4, are not inserted in
the compilation because they are superseded by the act of 1819, ch. 28, but in
as much as they may be needed in the construction of the latter act, and in some
instances may be required in old suits, they are here inserted.
1715—-Chapter 27.
Section, 2. All possessions of or titles to any lands, tenements Title confirmed
or hereditaments whatsoever, derived from any sales made either in seven years,
by creditors, executors or administrators of any person deceased, or
by husbands and their wives or husbands in right of their wives,
or by endorsement of patents 01* otherwise, of which the purchaser
or pessessor or any claiming under them, have continued or shall
continue in possession of the same for the space of seven years
without any suit in law, be and are hereby ratified, confirmed and
declared good and legal to all intents and purposes whatsoever,
against all, and all manner of persons. Claim to be
Sec. 3. No person or perso'ns, nor their heirs, which hereafter made in seven
shall have any right or title to any lands, tenements, or heredita-years-
ments, shall thereunto enter or make claim but within seven years
next after, his, her or their right or title did descend or accrue, and
in default thereof, such person or persons, so not entering or making
98
770
limitations.
default, shall be utterly excluded and disabled from any entry or
claim thereafter to be made.
Sec. 4. (Saving in favor of infants, feme coverts, persons won-
compes mentis, imprisoned, and beyond seas.)
17 9 7.—Chapter 43.
Whereas doubts have arisen with respect to the true construction of
the present existing laws, respecting seven years peaceable pos-
session.
Seven yeors Section 4. In all cases where any person or persons shall have
possession under had seven years peaceable possession of any land, by virtue of a
grant or deed grant or deed of conveyance founded upon a grant, and no legal
ma esta egoo cjajm j>y jn law, by such set up to said land, within the above
said term, then and in that case, the person or persons so hold-
ing possession as aforesaid shall be entitled to hold possession in
preference to all other claimants, such quantity of land as shall be
specified in his, her or their said grant, deed of conveyance, founded
on a grant, as aforesaid, and any person or persons, who shall neg«
lect for the said term of seven years, from the time of such peacea-
ble possession having been obtained, to avail themselves of the
benefit of any title or legal claim which he, she, or they have to any
lands within this state, shall, and is hereby declared to be forever
barred: Provided, nothing contained in this act shall, in any
manner, tend to affect or injure the rights of minors, feme coverts,
idiots or lunatics.
Note. As it is decided by the Supreme Court of this State in 3 Yer. 320 that the 3d
Sec. of the English Statute of 21 James, 1 ch.I6 is in force in Tennessee, so fir
as it is not changed by our act of 1715, ch. 27, sec. 5; and relates to actions
of debt, except for rent, we have thought it might be acceptable to give it
a place in this Appendix, in its original form.
21 James 1, Ch. 16; s. 3. All actions of trespass, qtiare causumfregit, all actions of
trespass, detinue, action sur trover, and repleven for the taking away of goods and
chatties, all actions of account, and upon the case, other than such accounts as con-
cern the trade of merchandize between merchant and merchant, their factors or ser-
vants, all actions of debt grounded on any binding or contract without specialty, all
actions of debt for arrearages of rent, all actions of assault, menace, battery,
wounding and imprisonment, or any of them which shall be sued or bought
at any time after the end of the then Session of Parliament, shall be commenced
and sued within the time of limitation herein after expressed and not after - that
is to say, the said actions upon the case, other than for slander, and the said
actions of account, and the said actions for trespass, debts, detinue, and repleven
for goods or chattels, and the said action of trespass, quare causumfregit, within
three years next after the end of the then Session of Parliament, or within six
years next after the cause of such actions or suit, and not after; and the said ac-
tions of trespass, of assault, battery, wounding, imprisonment or any of them
within four years next after the cause of such actions or suit, and not after; and
the said action on the case for words within two years next after the words spok-
en, and not after. ( The remainder of the Section need not be inserted.)
L®6« INSTRUMENTS—MARRIAGE CEREMONY. Forms. 771
LOST INSTRUMENTS.
Affidavit of loss of instruments on which suit is brought.
\Act\Z\2,ch. 27.]
I, A. B. do swear, that I have lost, or unintentionally mislaid, {or that the pos-
session has been fraudulently obtained by C. D. of) a promissory note, (or what-
ever the instrument may be\ on C. D. for dollars, due the day of
, upon which I now desire to bring suit, and that I have not sold, bartered,
transferred, assigned, or conveyed by myself, or any person for me, such note,
to any person or persons whatever. This day of 18 A. B.
Sworn to and subscribed before me, by said A. B. on the day of date,
L. M.,
J. P. for county.
Note 1. By reference to the said statute, it will be seen who can take this oath, and on what kind of
instruments suits may be brought under the same. It will also be seen, that if the suit be cognizable in
court, the affidavit must be made before that tribunal, and can only be made before a Justice in cases where
he has jurisdiction. The affidavit must accompany the warrant, if the case be before a Justice, or declara-
tion, if it be in court. Warrant in common form See "Justices of the Peace." Appendix.
Note 2. It will be seen that the second section provides that the defendant may by affidavit, to the effeet
therein provided, have the benefit of certain instruments in defence, without producing them. This form,
or any other required by either section, may be made out from the one above.
Bond to be given before issuance of execution in such cases.
{Same Act, 6 sec.)
We, A. B. and E.kF. bind ourselves to C. D. in the sum of {double the claim)
to be void, if we should indemnify and save* harmless, the said C. D. from any
demand by action upon the lost or mislaid instrument, described in the affidavit
of said A. B. in this case. This day of 18
{Signed and sealed by A. B* and E. F.)
MARRIAGE CEREMONY.
As every Church has its own forms of celebrating the rites of matrimony,
the following form is only intendediorjustices. After receiving and examining
the license, the Justice may proceed as follows, to wit:
Marriage is a solemn ordinance, instituted by an all wise Creator, for the hap-
piness of his dependent ci eatures; it is a contract that should be entered into With
reverence, solemnity and mature reflection, as nothing but death will release the
parties, and the happiness or misery of those contracting are immediately at
issue. If there be any persons present that have any legal objections why this man
and woman should not be joined together in the holy state of matrimony, accord-
ing to law, let them now publicly declare it, or forever after hold their peace
Do you J B, in presence of Almig ity God, and these witnesses, agree to take
E W, whom you have by the right hanl, to be your lawful, wedded wife; do you
further agree to love and cherish her, to keep her in sickness and health, and
forsake all others and cleave unto her alone, until it pleases Almighty God to
separate you by death: do you agree to this?
Do you E W, in presence of Almighty God and these witnesses, agree to take J
B, whom you have by the right hand, to be your lawful, wedded husband; do you
further agree to love him and cherish him, keep him in sickness and health, and
forsake all others, and cleave to him alone, until it pleases God to separate you
by death: do you agree to this? I therefore pronounce you husband and wife.
772 militi Forms.
MILITIA.
Company Returns. [Page 470, sec. 13.)
A return of the strength and condition of a company of infantry, commanded
by , and attached to regiment of Tennessee Militia, for the j ear
18
COMPANY OFFICERS
AND MEN. REMARKS.
A. B. |
Captain.
Lieutenants.
Ensigns.
Sergeants.
Corporals.
Musicians.
Privates.
ACCOUTREMENTS.
Swords.
Muskets.
Hides.
Shot-guns.
Bayonets and Scabbards.
Pouches and Horns.
Cartouch Boxes.
Drums.
Fifes.
Colors.
I certify that the above return of the company under my command is correct.
Given under my hand this day of 18 A. B., Captain,
militia.—Forms;.
773
A return of the strength and condition of a company of Cavalry commanded
by and attached to the regiment of Tennessee Militia, tor the
year 18
company officers
and men.
remarks.
A. B.
Captain.
Lieutenants.
Coronet.
Serjeants.
Corporals.
Buglemen. ,
Privates.
accoutrements.
fe words.
Pistols and Holsters.
Horses.
Saddles.
Bridles.
Caps.
Cartouch Boxes.
Bugles.
Colors.
I do certify that the above return of the company under my command is cor-
rect. Given under my hand this day of 18
A. B., Captain.
774
militia.—Forms.
MILITIA.
regimental return (page 470, sec- 14.)
A return of the strength and condition of a regiment of Infantry commanded hy and attached to
brigade of Tennessee Militia for the year 18
field and staf]
p officers.
remarks.
A.B.
Colonel Commandant,
C. D.
Lieutenant Colonel,
E. F.
First Major,
G. H.
Second Major,
J. K.
Adjutant,
L. M.
Surgeon,
R. S.
Regular Quarter Master,
non commissio
ned staff.
Qr. Master Sergeant,
Sergeant Major,
Drum Major,
1
Fife Major,
company officers.
( Whole number of each given here.)
Captains,
Lieutenants,
Ensigns,
Sergeants,
Corporals,
Musicians,
Privates,
accoutrements.
(Here insert whole number of each.)
Swords,
Muskets,
Rifles,
Shot Guns,
Bayonets and Scabbards,
Pouches and Horns,
Car touch Boxes,
Drums,
Fifes.
Colors,
I do certify that I have carefuliy examined and compared the above return with the returns in poises*
Ion of the Adjutant and find it to be correct. Given under my hand this day of 18 A. B.
J. K-Adjutant Coll.Com. Regt, T* M.
militia.—Forms.
775
Not*—A return of a Regiment of Cavalry may be made out from the foregoing with such changes and
alterations as will readily suggest themselves.
BRIGADE RETURN, (PAGE 470, SEO. 15)
A return of the strength and condition of the Brigade of Tennessee Militia, commanded by Brigadier
General for the year 18
BRIGADE STAFF.
REMARKS.
A, B.
Brigadier General,
C. 1).
Aid-de-Camp,
E. F.
) Brigade Major,
G. H.
j Brigade Qr. Master,
J. K.
J Brigade Surgeon,
FIELD AND STAFF OFFICERS.
Colonels Commandant,
Lieutenant Colonels.
First Majors,
Second Majors,
Adj.itaiits,
Regular Qr. Master,
Surgeons,
NON COMMISSIONED STAFF.
Qr. Master Sergeants.
Sergeant Majors,
Drum Majors,
Life Majors,
COMPANY OFFICERS.
Captains,
Lieutenants,
Ensingns,
NON COMMISSIONED OFFICERS AND MEN.
Sergeants,
Corporals,
Musicians,
Privates,
ACCOUTREMENTS.
Swords,
Muskets,
Rilies,
Shot-Guns,
Bayonet & Scabbards,.
Pouches and Horns,
Cartouch Boxes,
Drums,
Fifes,
Colors,
I certify that I have carefully examined and compared the above return with the returns in possession of
the Brigade Major and find it to be correct. Given under my hand this day of 18
E. F. a. B
Brig. Mejo^, Brig. Geul, Brigade, T. M.
776
mortgages non est factum. Forms.
MORTGAGES.
A mortgage of lands to secure a d<bt.
I have this day bargained and sold and do hereby transfer and convey to (\ D.
for the consideration of five dollars to me in hand paid and the other considerations
hereinafter mentioned, my tract of land in county, Tennessee, founded as
follows, to wit: beginning on thence (here give the boundaries with accuraey
shewing whose lands it joins Sfc.) containing, by estimation acivs, be the same
more or less. To have and to hold to the said C. D. his heirs and assigns fore\-
er. I warrant the title, and agree to defend it, against all persons whatever. But
this conveyance is made upon the express condition, that if I or my representa-
tives, do pay to the said C. D. or his representatives the sum of (the amount the
mortgage is intended to secure) with the interest thereon, on the day of
18 according to a note under seal, this day executed by me to the said C. D.
then this deed shall be void but not otherwise. This day of 18
A. B. [Seal.]
Signed, sealed and delivered on the day of 18 in our presence.
[Two witnesses.]
A mortgage of a slave to secure a debt.
I have this day sold my negro slave Sam to 0. D. for the sum of five dollars to
me in hand paid, and the other considerations hereinafter mentioned. I warrant
him to be sound in body and mind and a slave for life. But this sale is made upon
this express condition, that if I or my representatives do pay to the said C. D. or
his representatives the sum of (the amount the mortgage is intended to secure)
with the interest thereon, on the day of 18 according to a note under
seal this day executed by me to said C. D., then this instrument to be void, but
not otherwise. This day of 18 A. B. [Seal.]
Signed, sealed, and delivered in our presence this day of 18
*[Two witnesses.]
Note.—If the mortgage he made to "secure and save harmless" the said C^D. from his liability as security,
in any way,let the factg he so stated. Shew particularly in the deed what liability, and it there he mure than
one case, name each case separately. But deeds of trust are generally adopted instead of a mortgage for these
purposes.
NON EST FACTUM.
Affidavit denying the execution of an instrument on which suit is brmght It-
fore a Justice, 1817, ch. 86, 1819, ch. 27, and 4 2.]
State of 'Tennessee,) a_ r
County. ^
The defendant comes before mc and makes oath that the note on which this s lit
is brought (or bond, or other written agreement, or the endorstmeut on A'c. as the
case may be) is not his act, promise, or agreement, (or if it be on a sealed instru-
ment say "is not his act and deed'1'') This dav < >f 18
L. M. [J- P.]
Note.—When this affidavit is mcdeit devolves on the plaintiff to prove that C. D. did sign the instrument
or authorized it to be done for him,* in which case the plaintiff will pievail unhsst.e detendunt can prove
that some alteration has hern made in the instrument since it wassigned without his r insent.
notary public—orders.—Form*.
777
NOTARY PUBLIC.
Protest. {Act 1835, ch, 11.)
United States op America, )
State op Tennessee, CounTY. $
Be it known, that on the day of the date hereof, I, A. B., Notary Public
for the County of , in the State of Tennessee, duly commissioned arid sworn
according to law, residing in the towil of in said State, at the request of
C. D. exhibited to E. F. the original promissory note (or order or other instru-
merit as the case may be) whereof a true copy is on the other side written, and de-
nianded payment (or acceptance) thereof from the said E. F., at it being
the place where said note (or other instrument) was made payable, and I t^as
answered that said note (or other instrument) would not be paid, (or accepted.)
Whereupon, I, the said Notary, at the request aforesaid, have, and do hereby
solemnly protest against the drawer of the said note (or other instrument) and all
endorsers and all concerned for a,ll Exchange, Re-Exchange, Costs, Damages,
and Interest, already suffered, and to be suffered, for want of payment (or ac-
ceptance) thereof.
Thus done and protested, at , aforesaid, this day of one thousand
eight hundred and
In testimony whereof, I have hereunto set my hand and affixed my Notarial
Seal, the day and year above written.
(Notarial Seal.)
A. B.
Notary Public.
Entry of Notices given.
I put notices of this Protest into the Post Office at the day of
18 , (or delivered the same if the fact is so) addressed to each of
- A. B.
■1 ■ Notar Public.
Notice of Protest.
183 .
Mr. , Please to take notice, That a note (or other instrument) drawn
by payable at Four months (or such other time as is stated)
after date to the order of for
the sum of dollars, dated the day of 183 , was this day pro-
tested by me for non-payment (or non-acceptance) and the holder looks to you for
payment thereof. Respectfully, your obedient servant,
A. B.
Notary Public.
Not*. A copy of thenote or other instrument must be written on tlx* back of the Protest.
ORDERS.
Order for money, [Act 1762, ch. 9, sec. 4.]
Mr. C D. You will please pay to E. F. dollars and charge the same to my ac-
count. This day of 18 A. B.
Note 1- If the order be for any thing else but money name the article.
Note 2. It iB to be seen, that by tbe fifth sec. of the above Act, the person who gives the order cannot
be sued, till demand of the person on whom it is drawn and a protest. For the manner of protesting see/
JVotary Public,
99
778
partition—prison bounds.-—Forms.
PARTITION.
Oath to Commissioners appointed to make partition of real estate.
(Act 1787, ch. 17; sec. 1.)
You and each of you do swear that in making partition of the lands mentioned
in the order or decree under which you are now about to act, that you w ill do
justice among the claimants according to the best of your skill and abilities; So
help you God.
Return of the proceedings of said Commissioners. Same Act.
We, the Commissioners appointed by the Circuit (or Chancery) Court of
County at the term thereof, to divide and aj propriate the lands mentioned in
the order or decree by which we were appointed, have met together upen the
premises, and after being duly sworn, have performed the duties assigned to us,
as follows, to wit; We have allotted and appropriated to A. B. a portion of said
lands called Lot number 1, and bounded as follows; beginning at (Jure describe
the boundaries) containing acres, and valued at dollars. To C. L).Lot num-
ber 2, containing acres, and valued at dollars, and bounded as follows,beginn-
ing at (here give the boundaties and so continue till all are through) We also
charge the dividend of land allotted to A. B. with dollars to be paid to C. D.
(And so proceed till all are made equal as near as practicable.) Witness our
hands and seals this day of 18—
(To be signed under Seal by all the Commissioners.)
Notice of Application for Partition. (Act 1799, ch. 11; sec. 1.)
Mr. A. B. 1 will apply, by petition, to the next term of the Circuit (or Chan-
eery) Court, to be held at the court house of County, on the men-
day of next, to appoint commissioners to make partition of the lands in
County, in which you and , and myself hold undivided interests.
This day of 18—. C. D.
Noth Tliio notice must be served upon every person concerned in the lands, at least ten days before the
Court. But it w ill be seen by relerence to said act that notice may be given by publication in some new*
paper throe months before the application is made.
PRISON BOUNDS.
Bond to Tceep the Prison Bounds. [Ac/5 1741, ch. 18; sec. 3, &c.]
We C. D. E. F. and G. H. bind ourselves to J. K. Sheriff of County,
in the sum of (double the amount for which the ca. sa. issued) To be void if the
said C. D. w ho has been committed fo prison on a ca. sa in favor of A. B. for
dollars and costs should constantly keep within the prison bounds of
County and not break the same, until he shall pay the amount mentioned in said
process of execution, or be otherwise discharged according to lawT, or the direc-
ion of the plaintiff. This day of 18—
(Signed by C. D. and Securities under Seal.)
Assignment by the Sheriff. (Act 1759, ch. 14; sec. 2.
I assign the within bond to A. B This day of 18— ,
J. K. Sheriff.
process—public worship—Forms.
779
PROCESS.
Affidavit for issuance of process on the Sabbath. (Act 1821, ch. 1.)
State op Tennessee J
County, j
A. B. Came before mo this day and made oath that C. D., against whom he
has cause of suit, (or has judgment or a suit pending as the ease may be,) is re-
moving or about to remove himself or his property out of said county on the
Sabbath. This day of 18— L. M.
J. P. for County.
PUBLIC WORSHIP.
Warrant against a person for disturbing worshiping assemblies.
(Act 1815, ch. 60.)
State of Tennessee, j To the Shoriff or any Constable of said county.
C. D. having in my presence (or information having been made to me by A. B.
thatC. D. as the case may be) disturbed by words anl gestures (or other means if
such be the fact) a congregation who had assembled themselves together for the
purpose of worshiping Almighty God, to the violation of a rule which had been
adopted by them for their government, and made public; I therefore command
you to apprehend t »esaid C. D., and bring him before me or some other Justice
of said County, to answer for the said offence, and be dealt with as the law di-
rects. This day of 18 L. M. [Seal.]
J.P. for County.
Note 1. If there be aiders and abettors they may be included in the warrant.
Note 2. When thedefe uUnt is brought before the Justice he may fine him five dollars or bind him over
to the Court to be indicted for a riot, as may be thought best.
Judgment of the Justice.
The State vs. C. D. Being satisfied that C. D. is guilty of the offence charged
in the warrant, I give judgment against him for five dollars, in favor of the Scute,
for which execution may issue, (or that he give security to appear at next Term
of t'te Circuit Courtfor County if that course be preferred,) L. M. [Seal]
J. P. for County.
Note. If he be bound over it may be in the form of recognizance given under the head of "Justices
of the Peace.'' Appendix.
Warrant for Selling Spirits in one mile of place of Worship.
(Act IQ2A. ch. 13.)
State of Tennessee, j Sheriff or any Constable of said County.
I command you to summon C. D. to appear before me or some other Justice of
said County to answer A. B. in a plea of debt for ten dollars the penalty for
carrying and attempting to sell, within one mile of a place of public worship,
ardent spirits and other intoxicating liquors. This day of 18
L. M. [Seal.]
J. P. for County.
780
■RANGERS AND STRAYS ForWW.
Judgment in the above case.
A. B. vs. C. D. I give judgment in this case for the plaintiff against the de-
fend^pt for ten dollars and the costs, for which execution Jnay issue. This day
of 18 U M. (J. P.)
Note 1. The defendant may be warranted for each Bale or offer to sell, separately.
Note 2. Besides the above judgment the defendant may be bound over to Court to le indicted.
Note 3. The samp proceeding may be instituted under tlie3d Section of said A t for selling any other
article of trgfiic tfypt it is pot lawful to sell on the Sabbath. Samp forms may he applied in such ease.
RANGERS AND STRAYS.
Appraisement by two freeholders, (Act, 1829. ch. 37, s, 2.)
At the request of A. B. we being freeholders and unconnected with him by
consanguinity or affinity, have proceeded on this day to view a horse (or other
stock) tajcen up by him. The said horse is fibout hands high of a color
about yeras of age, and (heregive any brands or artificial or natural marks,
such as the color of legs, face 6$c.) We value said horse at dollars.
The said A. B. resides in county and in district. This day of 18
C. D.
£. F.
Affidavit of appraisors to the above.
The said C. D. and E. F. came before me and made oath that the foregoing
valuation and discription of a horse taken up by A. B. is correct to the test of
their knowledge and belief. This day of 18 . L. M,
J. P. for county.
Affidavit of Taker-tip, (same Act, 1831, ch. 105, s. 2.)
This day came A. B. before me and made oath that the horse taken up by him
as a stray and described and valued by C. D. and E. F. was taken up on his
plantation, and that he came there without his procurement, and that the marks
and brands have not been altered or defaced. This day of 18
L. M.
J. P. for ^County.
Not*. This affidavit must be entcfea the probate of the valuers and pll returned to the Banger in
fifteen jlays.
Bond to be given when taker up is only a house holder (same Act, s. 3.)
We A. B, and C. D. bind ourselves to chairman of county court,
and his successors in office, in the sum of (double the appraised value of the
stray,) to be void if the said A» B. should tpke reasonable care of and safely
keep, a stray horse by him this day posted, and also pay to the county trustee of
said county, one half the appraised value of said horse, at the time prescribed by
law. This day of 18, (Signed by A. B. and C. D. under seal.)
Note This bond is not required from a free holder, hut only from a house holder r ithout land who
takes up an estray.
RANGERS AND STRAYS Forms.
781
Warrant against a taker up who is about to remove before the expiration of
twelve months or settlement with trustee, {same Act, s. 5.)
State of 1 ennessee, j tq the Sheriff or any Constable of said county.
It appearing to me that A. B. who has taken up a stray horse is about to re-
move out of the county before the expiration of twelve months from the time of
posting said stray, without having settled with the county trustee.
I therefore command you to summon him to appear before me or some other
Justice of said county, to answer J. K. Trustee of said county of a plea of
debt for {the amount to which the horse was appraised) the appraised value of
said horse, or to give bond and security, for one half of said amount, according
to law. This day of 18 L. M. [Seal.]
J. P. for County.
Bond to be given in such cases.
We A. B. &. C. D. bind ourselves to J. K. trustee for county, for the
use of said county, in the sum of {half the oppraised value of the stray) it being
one half the appraised value of a stray horse taken up and posted by said A. B.
on the day of last, to be paid on the {day the twelve months expire,)
This day of 18 {Signed by A. B. and C. D. under seal.)
Notk. If such bond and security is not given the justice will enter judgment for the full [value as
follows.
J. K. trustee &c. vs. A. B. It appearing to me that the defendant has posted
a stray horse, and is about to move out of county, before the expiration of
twelve months, {without having settled with plaintiff as trustee for said county)
and he having alsa failed to give bond and security for half the appraised value
of said stray; I do therefore give judgment against him for dollars the
appraised value of said horse, in favor of the plaintiff as trustee as aforesaid and
the costs, for which execution may issue. This day of 18
L. M. [J. P.]
Warrant against taker up who fails to pay {Same Act sec. 8.)
State of Tennessee, j Tq the gheriff or any Constable of said county.
I command you to summon A. B. to appear before me or some other Justice of
said County, to answer J. K. Trustee of said county, who sues for the use of said
county, in a plea of debt for. (the appraised, value of the stray,] the appraised
value of a stray horse posted by the said A. B. on the day of 18
for which he has failed to settle with the said J. K. as required by law. This
day of 18 L. M [Seal.]
J. P. for County.
Judgment in such eases.
J. K. trustee &c. vs. A. B. It appearing tome that the defendant has not set-
tied with the plaintiffin this case as required by law, I do give judgement against
him in favor of the plaintiff for the use of county for [the appraised value]
and the costs, for which execution may issue. This day of 18
L.M. [J. P.]
RANGERS AND STRAYS Forms.
Warrant for forfeiture under sectio?i 11 of said Act.
State of Tennessee, j rpq t^e gherpff or any Constable of said County.
I command you to summon A. B. to appear before me or some other Justice for
said county to answer the complaint of J. K. trustee of county, for the
use of the county, in a plea of debt for twenty dollars, the penalty for having
made use of a stray horse before having him appraised. This day of
18 L. M. [Seal.]
J. P. for County.
Judgment on the above.
J.K. Trustee &c. vs. A. B. Being satisfied that the defendant did use the stray
horse mentioned in the warrant, before appraisement, I give judgment against him
for twenty dollars and costs for which execution may issue in lav or of the plain-
tiff. This day of 18 * L. M. (J. P.]
probate.
Affidavit of a person claiming astray within 12months [sec. 12.]
State of Tennessee, J
County. $
This day came C. D. before me and made oath that the horse taken up by A. B.
and appraised on the day of 18 is his property, and that he has
never parted with his right to the same. This day of 18 L. M.
j. P. for County.
Note. It will be seen by reference to tire said I2th section that by bis own oath or other proof and
the payment oi the ranger's and other ftes the owner may take ii.s property, if application and proot he
made in less than a year. But where the taker lip h- s leen at other expenses lie may retain the prop-
crty until the owner shall pay thrni also,- and if they cannot agree ujon the amount, it shall le settled
in the following manner pointed out in the 13th section-
Warrant empowering three freeholders to ascertain expenses, §c. (Sec. 13.)
State of Ten^^see, j To L. W. E. F. and G. H. freeholders of said county.
I hereby empower you to meet at on the day of 18 to ascertain
and determine what sum C. D. shall pay to A. B. for his expense in keeping a
horse taken up by him, as astray, which the said C. D. has now claimed find
proved to be his. This day of 18 L M. [Seal.]
J. P. for County.
Decision of the Fret holders.
We do agree and determine that the said C. D. is entitled to have and receive
from the said A. B. for expenses for keeping the stray horse proved by said C.
D. from the day of 18 to the present time dollars. This
day of 18
(Signed under seal by all.)
Probate after twelve months from appraisement, (sec. 14.)
State of Tennessee,)
County. \
This day came F. W. before ineand made oalh that the black horse taken up
as a stray by A. B. on the day of 18 and for which he has heretofore
paid into the treasury of the county dollars as I am informed and believe,
was at the time he was taken up the property of C. D. to the best of my knowl-
roads—Forms.
T83
edge and belief, nor has he yet parted with his right to the same to my knowl-
edge. This - day of 18, L. M.
J. P. for County.
Note, 1: Ranger may administer any of the oaths required in relation to strays, Act 1831 ch. 105, s.3
Note, 2, The foiejoing forms may be applied to any other stuck that are subject to the stray laws.
ROADS.
Report of Jury summoned by the Sheriff to lay off a road.
[Act 1804, ch. 1, s. 3.J
The undersigned freeholders, having been summoned by the sheriff of
county, and duly sworn, as a jury of view, to lay out the road described in the
annexed order, have proceeded to perform the duty assigned them, and do agree
upon and make the following report, to wit: The said road shall begin at (here
describe the beginning, course, and end of the road, with sufficient certainty to
enable such overseer or overseers as may be appointed to cut it out without dif-
fealty.)
Tney have thus laid out said road to the greatest advantage of the inhabitants,
and as little as may be to the prejudice of enclosures, to the best of their know-
ledge and skill.
AH which they respectfully submit to the consideration of the worshipful
court. This day of 18
(To be signed and'sealed by all the Jury.)
Note. The oath to be administered to the Jury of View is given in the Baid 3rd section. This oath may
be administered by the Sheriff or deputy, by Act 1813, ch. 40.
Warrant for default of hands. [Same Act sec. 8.]
State of pennesahe, j tjie gherjfj* or any constable of said county.
I command you to summon C. D. to appear before me, or some other justice of
said county, to answer the complaint of A. B. overseer of a road in said county
in a plea of debt for dollars, for failing to work on the public road (or send
ing his hands as the case may be) to which he belongs, as required by law. This
day of 18
L. M., [Seal,]
J. P. for county.
Note. On proof by the overseer of three day's notice, (which he may do by his own oath, by act 1824,
ch. 23,) tliejuai e wi I „ive judgment in f.ivor of the overseer in the usual form, for the amount due, at 75
cents per day tor each hand, for every day's failure.
Judgment against hands in such cases.
A. B. vs. C. D. It appearing to me that the defendant failed to work on the
road over which the plaintiff is overseer, to which he belongs (or failed to send
hands) for days, though duly notified, I therefore give judgment
against him for dollars, and the costs, for which execution may issue.—
This day of 18 L. M., [J. P.]
Warrant against Overseer for not fixing po*ts and arms at forks.
[Same, sec. 11.]
As in the last warrant to "complaint of," and then as follows, "A. B. who sues,
as well for himself as the county of in a plea of debt for five dollars, the
784
roads.—Forms*
penalty for not setting up a post in the forks of the road over which he is over-
seer, in said county, with arms pointing the way of each road, with directions,
&,c. as required by law. This day of 18
[L. M., [Seal,]
J. P. for county.
Warrant for breaking down or defacing signs at forks of roads. Same.
As in the last warrant to "debt for," and then as follows, "fifty dollars the pen-
alty for wantonly defacing, removing, and knocking down the arms at the public
forks of the road leading from to in district, over which
is overseer. This day of 18
[Signed as the lastform.]
Note. A warrant for any other penalties ofthis act may be easily made out from the foregoing form*, by
adapting the language after the word "penaltyto the facts of the case.
Judgment in such cases.
A. B. vs. C. D. Being fully satisfied that the defendant is liable to the penalty
demanded in the warrant, I therefore give judgment in favor of the plaintiff
against him, for the sum of dollars, and the costs, for which execution may
issue. This day of 18 L. 3VL, [J. P.]
Report of Jury summoned to assess damages. [Same, sec. 19.]
The undersigned, a jury summoned to assess the damage sustained by A. B., in
consequence of running a public road over his land, in pursuance of an order of
court hereto annexed, have viewed the said road, and do assess the damage of the
said A. A. at dollars. This day of 18
(Signed by the Jurors.)
Report of Jury turning road in such case.
Pursue the above form to "said road," and then continue, "and do report that
the said road should be turned to run as follows, to wit: (here point out the route the
road should run,) all which is respectfully submitted to the court. This day
of 18 [Signed by the Jurors.]
Note. No public road can be changed or turned by any person, butby order of court. Any person desir-
ing to change any part of a public road, must apply to the county court by petition, for an order for a jury
to view it and report.
Report of Jury appointed to change a road. [Same Act, sec. 13.)
The undersigned being appointed and sworn to view, and determine on the
propriety of turning that part of the public road, leading from to
over which is overseer, do report, that in our opinion the said road ought
to be changed as follows, to wit: (here describe minutely the change and alterations
designed to be made in the running of the road,) all which is respectfully submit-
ted to the consideration of the court. This day of 18
(Signed by the Jurors.)
sabbath—security.—Forms.
785
SABBATH.
Warrant for penalty for breaking Sabbath. (Act 1803, ch. 47.)
State op Tennessee^ j r^Q g^iff or any Constable of said County.
I command you to summon C. D. to appear before me or some other justice of
said county, to answer the complaint of A. B. who sues, as well for the county of
as himself, of a plea of debt for three dollars, the penalty for breaking
the Sabbath on the day of 18. Thi£ day of 18
L. M., [Seal,]
J. P. for county.
Note. This suit will lie for doing any of the acts forbidden in the said act. A separate warrant will lie
for each offence.
Judgment in such cases.
A. B. vs. C. D, It appearing to me that the defendant is guilty of breaking
the Sabbath as charged, I therefore give judgment against him for three dollars
and the costs, for which execution may issue. This day of 18
L. M., [J. P.]
Search Warrant.
State op Tenne^ee, j »p0 ^ gherjfl* or any Constable of said county.
A. B. having made oath before me that certain property of his, viz: [here name
the articles,] was on ihe day of last stolen from him, in said county, and
that he has probable cause to suspect and does suspect that the said [articles sto-
len] are concealed in the house [or other place] of C. D.; I therefore authorize
and empower you with proper assistance to enter the house [or other place] of C.
D. and make diligent search for the same. This day of 18
L. M. [Seal.]
J. P. for county.
SECURITY.
Judgment in favor of security against principal, before Justice of Peace.
' (Actl 801, ch. 15, s. 1.)
A. B. vs. C. D, It appearing to me that judgment was entered against
A. B. as security for C. D., in favor of G. H., for dollars, and that the said
A. B. has paid the same, it is therefore considered by me that the said A. B. reco-
ver of said C. D. the said sum of .dollars, and all costs, and that execution
issue for the same. This day of 18 L. M.,
. J. P. for county
Judgment against a co-security for his proportion of judgment.
[Same, sec. %]
A. B. vs. C. D. It appearing to me that the said A. B. and C. D. were co-secu-
ritiea of one G. H., and that judgment has been obtained against them as such, for
dollars, and that the said A. B. has paid the said judgment, it is therefore
considered by me that the said A. B. recover of C. D. dollars, his proportion
of said judgment and costs, and that execution issue for the same. This day
of 18 L. M., [J. P.]
Note, By act 1809, ch. 69, the above judgment by motion may be had before payment of debt. In such
cases the above forms may be altered to suit such case.
100
786
SHERIFF.—Forms.
Notice to obligor to sue on bond, fyc, by security, {Act 1801, ch. 18, s. 1.)
Mr. A. B, I hereby notify and require you to bring suit forthwith on a note
(or other instrument), you hold on C. D. with myself security, for dollars, (or
for articles) due the day of 18 This day of 18 E. F.
Note I. A copy of this notice must be left with the person notified before two or more witness.
Note 2, A notice by an assignor to an assignee under the 3d section of said act, may be formed from the
abore.
Notite to Sheriff of application to be released as security,
[Act 1815 ,ch, 14.]
Mr. C. D. I will apply to the next term of the county court for county,
to be released from further liability as your security, for the faithful discharge of
the duties of sheriff and collector for said county. This day of 18
A. B.
Note. This notice must be served five days before court.
Notice by security for prosecution of suit, (Act 1822, ch. 42.)
Mr. C. D. 1 will move the next term of the court for county,
for a rule upon you to give counter security to indemnify me against all damage
or injury that may arise, from my being your security for the prosecution of your
suit in said court, against E. F., and to be discharged from further liability on
that account. This day of 18 A. B.
Note 1. This notice must be served 10 days before court. If the party is out of the state, the notice
may be served upon his attorney.
Note 2. Under this head it will be seen that provision is made for securities in almost every situation to
be released, by notice, #c.,but it will be easy in every case to make out a notice from the above examples.
SHERIFF.
Erratum. On page 665 in note 2, in the first line, the word "sworn" should be
"shown."
Endorsements to be made on process by Sheriffs, Coroners, or Constables,
When received.
Came to hand day of 18
Writs to take the body.
Executed by arresting C. D. and bail bond taken (or "defendant committed,"
as the case may be.) on the day of 18
Summons from Court.
Executed by summoning C. D. on the day of 18
Bail Warrant from Justice of Peace,
Executed on the day of 18 and bail bond taken to appear before
L. M., Esq. at his house on the day of 18
Common Warrant from Justice of Peace,
Summoned the defendant to appear before L. M., Esq. at his house, on the
day of 18 This day of 18
SHERIFF#—Forms,
787
When defendant cannot be found,
The defendant is not lo be found in my county. This day of 18
Scire facias.
Made known to this day of 18
Subpoena to answer.
Executed on and copy of bill left with this day of 18
Executed on this day of 18
A Notice,
Executed by leaving a copy with this day of 18
Note. When there are more defendants than one, and some are found, and others not, make the above
entry for such as are found, and the following for those that are not, to follow the same. "The said
not to be found in my county" And if the residence of such defendant be known, say also, "but is a rest-
dent citizen of county, as I am informed and believe." In all which cases, and those which follow
tb» officer must sign the endorsement officially.
Execution against property.
Levied upon (a delivery bond taken if it be so,) this day of 18
Where money is paid,
"I have made the money as commanded."
Where land is levied upon.
No goods and chattels to be found in my county.
Levied upon a tract of land of the defendant lying in county, in
district, No. adjoining the lands of and said to contain acres. This
day of 18
Note, If this levy be made on a judgment of a Justice, it must be returned to the next term ofthe Circuit
Court for condemnation ofthe land;
Sale of Goods and Chattels,
After giving legal notice, sold the property mentioned in the above levy, at the
(here name the place) to the highest bidder for dollars. This day of
18
Sa/e of land.
After giving the notice required by law, sold the land described in the above
levy at (here name the place) on this day of 18 to
he being the highest bidder, for dollars. This day of 18
Note. For the form of a Sheriff's deed for land See Miscellaneous Forms in this Appendix.
Certificate to the purchaser of land,
I do certify that at a public sale at the court-house door in of a tract of
land, as the property of C. D. lying in county, and district number , on
an execution in favor of A. B., for dollars, (orfor taxes,) E. F. became the
purchaser at the sum of dollars, which he has paid to me, that being the
highest and best bid. This day of 18 G. H.
Sheriff of county.
788
slaves.—Forms,
SLAVES.
Erratum.—On page 679 in sec. 1, of act 1819, ch. 35,[1835 in brackets,
should be 1831.
State's warrant against a slave, (Acts 1783, ch. 14, 1835, ch. 19, sec. 9.)
State op Tennessee, | rpq ^ gheriff or any Constable of said county.
I command you to take the body ofD. a slave, the property of and bring
him before me or some other justice of said county, to answer the state on a
charge of {here name the offence) and be dealt with as the law directs. This
day of 18 L. M. [Seal.]
J. P. of county.
JVote.—It is most usual in cases of slaves for any person whether an officer or not, who desires to en.
force the laws against them for any offence.to arrest and bring him or her before a Justice without warrant.
In either case the justice should proceed immediately to enter upon the trial, and if witnesses are needed,
who do not attend, he is authorized by act 1783, ch. 14, s, 2, to issue subpoenas for them.
Subpoena for witnesses in trial of slaves,
State of Tetwessee, j ,p0 the Sheriff or any Constable of said county.
I command you to summon [here name the witnesses] to appear at \here name
theplace of trial] on the day of 18 to give evidence in the case of the
state vs. a slave, under the penalty prescribed by law. This day of 18
L. M. [Seal.]
J. P. of county.
Notk.—If the offence is Murder, Arson, Burglary, Rape, Robbery, (1819 ch. 35, sec. 1,) or an Assault
with intent to commit murder in the first degree or rape upon a free'white woman. (1833, ch. 75, and 1835
ch. 19, sec- 10.) the justice must commit the slave to jail, to be indicted and tried at the circuit court, but
for any other offence he will order the slave to be immediately whipped not exceeding 39 lashes. For form
of Mittimus See Justices of the Pedce.
Warrant vs, a personfor selling spirits to a slave, {Act 1813,'cA. 13 5, sec, 1.)
State of TEironsssEE,| ^ Sheriffor any Constable of said County.
I command you to summon C. D. to appear before me or some other Justice
of said county, to answer A. B. in a plea of debt for ten dollars, the penalty for
selling spirituous liquors to a slave of E. F. without a permit in writing from
the said owner, or a person having charge of said slave. This day of
18 L. M. [Seal.]
J. P for county.
Warrant against a person permitting slaves to disorderly assemble.
Same Act,
As in the last form to "dollars" and then, "for permitting a number of slaves
disorderly to assemble at his place of residence. This day of 18
Warrant against a person for receiving from a slave articles not manvfac-
tured by him. Same Act, sec, 3,
As in last form to "dollars," and then, "for purchasing [or receiving] from a
slave of E. F. {here name the articles,) notofhis own manufacture, without a per-
mit in writing from the owner or person having care of said slave, expressive of
the article to be sold. This day of 18
slaves.—Jlorms.
78§
Notb.—From the^foregoing forms a magistrate will hare no difficulty in forming a warrant to suit any
other case whets persons incur forfeitures under this head.
Judgment for penalties,
A. B. vs. C. D. Being fully satisfied that the defendant is guilty as charged in
the warrant, I therefore give judgment against him in favor of the plaintiff for
dollars and the costs for which execution may issue. This day of 18
L. M. [J. P.]
Execution in common form, See Execution.
Bail Bond for appearance of slave {Act 1825, ch, 24, sec, 8.)
We, A. B. C. D. and E. F. bind ourselves to the state of Tennessee in the sum
of {double the value of the slave.) To be void if one a slave of the said A. B.
should make his personal appearance at the next term of the circuit court for
county, to commence on the Monday of on the first Thursday thereof,
{if that he state's day) to answer the state on a charge of {here state the offence)
and not depart without leave, or surrender himself into custody if required by the
court. Witness our hands and seals, this day of 18
[Signed and Sealed.J
Warrant against a person bringing slaves into this State for sale, {Act 1826,
ch, 22.)
State of Tennessee, j -p0 the Sheriff or any Constable of said county.
I command you in the name of the state to arrest C. D. together with such slaves
as he has offered for sale, and in case the said C. D. cannot be arrested, take the
said slaves alone, and bring him or them before me, or some other justice of said
county ^ to answer the state on a charge of having imported into this state, said
slaves for the purpose of selling or disposing of them, as articles of merchandize,
within this state. This day of L. M. [Seal.]
J. P. of county.
Recognizance to appear at court in such case, [Same act, sec, 3.]
We, C. D. E. F. and G. H. acknowledge ourselves to be indebted to the State
of Tennessee in the sum of {double the value of the slaves.) To be void if the said
C. D. should make his appearance, and have forthcoming slaves named {here
name all the slaves that have been arrested) at the next term of the circuit court
for county, to answer the state on a charge of having imported slaves into
this state, for the purpose of selling them herein, and not depart without leave of
the court. This day of 18 [Signed and sealed by C. D. and securities.)
Signed and acknowledged before me the day of date. L. M. [J. P.]
STAY OF EXECUTION.
For form of demanding and entering stay, and order of stayor. See Justices
of the Peace f Page 764.
790
vagrants—Forms,
Affidavit of Stayor to have execution issued or he released, [Act 1835,
ch. 41, sec, 2.]
State of Tennessee, )
County, J
This day came (the stay or) before me and made oath that he is fearful and be-
lieves that if execution is further stayed, upon the judgment in favor of A. B. vs.
C. D. on which he is stayor, he will be compelled to pay the same. This day
of 18 L. M.
J. P. for county.
Notice to principal debtor of such application,
Mr. C. D.—I will apply to L. M. Esq. on the day of 18 at his house
in county, in the manner prescribed by law, to issue execution in the case of
A. B. against you, in which I am security for stay of execution unless you will
then and there appear and give other and additional security to the acceptance of
said justice in my place. This day of 18 E. F.
Note- This notice must be served at least two days before the application is made.
Judgment against principal where stayor is compelled to pay debts. [Sames, 3.]
E. F. vs. C. D. Motion. It appearing to me in this case that E. F. has been
compelled as security for the stay of execution to pay off a judgment in favor of
A. B. vs. said C. D. for dollars, I therefore consider that the said E.F. recover
of said C. D. the sum of and the costs, and that execution issue for the same.
This day of 18 L. M.
J. P. for county.
Note—On this judgment no stay is allowed. Same*
TENNESSEE CONSTITUTION,
Errata.—Page 46, sec. 3, line third, the word '•can" should follow "man?
Page 50 sec. 7, last line omit "and." Same sec. 8, last line, "of" should be
"in." Page 51, sec. 10, line fifth, "is" should be "was." Same sec. 21, last line
"journal" should be "journals." Page 58, Art. 10, sec. 1, line third, "upon"
should be "on."
VAGRANTS.
Warrant against a vagrant, (Act 1801, ch, 22, sec, 1.)
State of T^n^s^ee, j To the Sheriff or any Constable of said county.
It having been proved to me by the oath of A. B. that C. D. has no apparent
means of subsistence, and applies himself to no lawful calling for the support of
himself and family, and that he is found sauntering about endeavoring to main-
tain himself by gaming or other undue means, I therefore command you to take
the said C. D. and bring him before me, to give security for his good behavior,
and be otherwise dealt with as the law directs. This day of 18
L.M. [Seal.]
J. P. for county.
oNte—For form of bond for good behavior, See Arms, page 725. If vagrants fail to give such bond, to
be committed to jail dec, Mittimus in common form except that the true cause of committal must b«
stated.
widows.—wills.—Forms,
791
WIDOWS.
Oath of commissioners appointed to lav off to widow one yearns prosvisions,
(Act 1813, ch, 119, sec. 2.)
You and each of you do swear that you will impartially set apart to the
widow of deceased, such part of the crop and provisions on hand, if so much
there be, as may be necessary to support her and her family until the expiration
ofone year from the death of her said husband to the best of your knowledge and
belief.—So Help you God.
Report of the Commissioners,
We, the undersigned, freeholders of county, after being duly sworn, have
proceeded to set apart to widow of deceased, so much of the crop and
provisions on hand as will be sufficient in our opinions to support her andherfam-
ily one year from the death of her said husband. We set apart to her for said pur-
pose the following articles, to wit: {There name the articles.) This day of
18 [Signed under seal by commissioners.]
WILLS.
A written will and testament, [Act April 1784, ch, 22,5. 11.]
I, A. B. do make and publish this as my last will and testament, hereby revoking
and making void all other wills by me at any time made. First, I direct that my
funeral expenses and all my debts be paid as soon after my death as possible, out
of any moneys that I may die possessed of, or may first come into the hands of
my executor. Secondly, 1 give and bequeath to (here insert each bequest in order,
as "thirdly", "Fourthly" Sfc. to the end, then conclude,) Lastly, I do hereby nom-
inate and appoint my executor. In witness whereof I do, to this my will,
set my hand and seal. This day of 18 A. B. [Seal.].
Signed, sealed and published in our presence, and we have subscribed our
names hereto in the presence of the testator. This day of 18
\\Two or more witnesses, not being interested.]
JVote.—By act 1784, October, ch. 10,sec. 5, a willis good both for land and personal property without
witnesses if made, deposited and proved as therein prescribed.
A Codicil to a last will,
I, A. B. having heretofore made and published my last will and testament, do
make and declare this as a codicil thereto, to wit: First, [Here state any changes
of legacies or additions that may be desired.) Lastly, It is my desire that this co-
dicil be attached to and constitute a part of my will to all intents and purposes.
This day of 18 A. B. [Seal.]
{Attested and witnessed as above,)
Nuncupative will, [Same Act, sec, 15,16.]
We, C. D. and E. F., do state, that the nuncupative will of A. B. was niade by
him on the day of 18 in our presence to which we were specially
required to bare witness by the testator himself in the presence of each other,
that it was made in his last sickness, in his own habitation or dwelling house, or
where he had been resident ten days at least; [or at where he was surprised
792
miscellaneous forms.—Conveyancing,
by sickness from home, as the fact may fee.] And the same is as follows, to wit:
It was his will and desire that his effects should be disposed of after his decease in
the following manner; First, [here state all the legacies made by the testator accor-
ding to his own words and who he named as his executor.]
Made out by us and signed this day of 18
[Signed by the witnesses.]
17. Note.—It will be seen by the 16th section, that this will cannot be proved after six months from the time
it was made unless it were reduced to writing as above, in ten days after it was made, nor can it be proved
in court till the expiration o{fourteen days from the death of the testator, nor until process has first issue i
to call in the widow and next of him. But if all who are interested will wave the necessity of such process
either in writing, or in open court it may be done without that delay. If any of them be minurs they
should act by guardian, either general, or to be appointed by the courtfor that particular purpose.
Note 2.—All the facts stated must of course be proved in court by the witnesses, and that fact recorded
by the clerk.
MISCELLANEOUS FORMS.
CONVEYANCING.
Bond to Convey or make title to Land.
I, A. B. bind myself to pay C .D. the sum of (double the price of the land.)
The condition of this obligation is such, that whereas, the said C. D. has this day
purchased of me for dollars, on the following payments, to wit; (here state
the payments;) for which his notes under seal have been this day executed to me,
a tract of land in County, in District No. State of Tennessee,
bounded as follows, beginning, on (here give the corners and boundaries.) Now
if 1 should make or cause to be made to the said C. D. his heirs or assigns, a
good and sufficient title in fee simple, with general (or special if such be the con»
tract) warranty, to said tract of land, on the making of the last payment, then
this obligation to be void. This day of 18
(To be witnessed by two or more.) A. B. [Seal.]
General Warranty Deed of Bargain and Sale of Land.
I, A. B. have this day bargained and sold, and do hereby transfer and convey
to C. D. and his heirs forever for the consideration of dollars to me paid, a
tract of land in the State of Tennessee, County, and District number, ,
containing by estimation acres, be the same more or less, and bounded as fol-
lows; (here give the corners and boundaries.) To have and to hold the same to the
said C. D. his heirs and assigns forever. I do covenant with the said C. D. that I
am lawfully seized of said land—have a good right to convey it—and that the
same is unencumbered. I do further covenant and bind myself—my heirs, and
representatives, to warrant and forever defend the title to the said land, and every
part thereof, to the said C. D., his heirs and assigns, against the lawful claims of
all persons whatever. This day of 18 A. B. [Seal.]
Executed and delivered in our presence, This day of 18
(Two witnesses at least.)
Note. A deed made by an Attorney in fact under a power of Attorney will be in the exact words of
the above, except it must be signed thus ±A. B, (Seal.) By E. F. his Attorney in fact.In such case the
Power of Attorney constitutes a link in the title and must be regularly proved and registered like a deed.
Special Warranty Deed of Bargain and Sale for Land.
Pursue the above form to the word "forever" in the sixth line, and then conclude as
follows; "I do covenant and bind myself—my heirs and representatives to war-
rant and defend the title of said land to C. D., his heirs and assigns forev er,
Miscellaneous foAms.—Conveyancing.
79?
against any claim to be made by myself or any person claiming through or under
mo, but no f other. This day of 18
Not* VVliat is i-.oinmo ily cii I'd a "Quit Claim. Deed" or "Deed of Release or Relinquishmentin
ilRe.lbets tortu a "Special fVarruatij Deed;" mid tlicrelore inuv la always used when it. isdt-sitincil only to
ennvaytlie title tllat is in the bargainor. A special warranty need on I v transfers Hie title that is in the per
son innki itf the sale, and only hinds Aim and his heirs and assigns claiming under him, not tndisturh the
title lints conveyed; therefore he and his heirs are clear of all liability, tint' lie may have no title, ami an-
other should sue for and recover the land Persons milking or receiving deeds should necuuiious as to tite
form of the clause of warranty. All deeds should ha eat least two competent witnesses, tho' they are
acknowledged by the bargainor before the Clerk.
Deed by Sheriff to Land sold under Execution.
Whereas one G. H. recovered a judgment for the sum of dollars, debt and
dollars Costs against one E. F. in the Circuit Court of County on the
day of 18 upon which a writ of fieri facias issued on the day of
18 which came to my hands as Sheriff of County, on the day of
18 and there not being personal property of the said E. F. sufficient to satisfy
the said execution, I levied the same on the day of 1$ on a certain
tract of land as the property of said E. F., containing by estimation acres lying
in County in District number and bounded as follows; beginning on (here
give the boundaries.) And after having advertised and given notice according to
law, I did offer the said tract of land at public sale, at the court-house door1 of
County on ihe day of 18 , agreeably to said advertisements and
notices, and one C. D. being the highest bidder, the $ame was struck off to him at
the price of dollars, the same being to me in hand paid the highest bid. There-
fore,in consequence of the premises, I do transfer and convey to the said C. D.,
and his heirs forever, all the right and title of the said E. F. to the said tract of
land of acres, for the consideration of dollars to mo paid as aforesaid.
To have and to hold the same unto ihe said C. D. his heirs and assigns forever,
in as full and ample a manner as I, as Sheriff aforesaid can or ought to convey
the same, but no further or otherwise. This day of 18 A. B. [Seal.]
{Attested and witnessed as other deeds.) Sheriff of County.
Deed by Sheriff for Land Sold for Taxes.
Act 1835, ch. 15 ; sec. 10—12, page 623—4.
Whereas, a judgment was given in favor of the State, by tte Circuit Court of
County on the day of 18 for dollars, for taxes costs and
charges,- due and unpaid, for tho year 18 against a tract of land of which C.
D. is the reputed owner, containing by estimation acres,—lying in Tennes-
see, County, District number and bounded as 'follows; beginning,
[heregive the boundaries.) On which judgment an order of sale issued, and came
to my hand as Sheriff and Collector of the County of on the day of
18 by virtue of which, after advertising and giving notice agreeably to law,
I sold the said land at the Court-House of said County on the first Mon 'ay oi
July 18 ,at public sale, toE. F., for the sum of dollars, to me in hand
paid, that being the highest and best bid for the same; Therefore, f, A. B., as
Sheriff and Collector of said C >unty, in consequence of the premises, and for the
consideration of the said sum of dollars, do hereby transfer and convey the
said tract of land above described, to the said E. F. and his heirs and assigns,
forever, in as full and ample a manner as I am1, as Sheriff and Collector as afore
said, authorized and required to do by law, but no further or otherwise.
This day of 18 . A. B. [Seal.]
{Attested and witnessed as other deeds.) Sheriff of Countv,
ICi
794
miscellaneous forms.-— Conveyancing*
Deed of one tenant in common to another•
Whereas by deed (or descent) from E. F., one C. D. and myself have derived
title to, and n>w hold equal and undivided interests in a tract of land in the State
of Tennessee, county and district number bounded as follows; begin-
nn g (lu re describe the boundaries.) Now,! have bargained and sold, and do
hereu> t-ansfer and convey all my right, title and interest in and to said land to the
said C. D. and his heirs, for the sum of dollars, to me paid. To have and
to h Id the same to the said C. D. his heirs and assigns forever. And I covenant
and agree for myself, my jieirs and representatives to warrant and defend the
title to my uqdivided interest in said land against any claim to be made by me,
or any person claiming through or under me, but no further. This day of
18 A. B. [Seal.]
[Attested and witnessed as the first deed."]
Nott—If there be more tenants in common than the two, they must be likewise named in the reciting
part of the above d^ed, after C U. A nd if the rale l>c made to a person not a tenant in common insert his
name in the conve) ing par of the above form instead ofC; D. the co-tenant In either case if the contract
be for h genera warranty instead of the special warranty above given, let it be so changed, by substituting
the clause of warranty given from the form of a general warranty deed given above.
Deed of partition between two tenants in common•
Whereas by deed*(or descent or advise) from E. F. we A. B. and C. D. have
title to and now hold undivided interests in a tract of land, lying in the state of
Tennessee, county and District No. and bounded as follows: beginning
[here give the boundaries of the whole tract): Now we havipg made partition of
said land between ourselves have allotted the same in the following manner, viz:
The said C. D. conveys to A. B. to have and to hold in severalty to himsell and
his heirs, all his right and claim to that part of said tract included in these boun-
daries, to wit: beginning (here give the corners and lines). And the said C. D.
agrees and covenants for himself, his heirs and representatives to warrant and
defend the title of tho portion so conveyed to A. B. to him and his heirs forever,
against all claims by himself or any person claiming under him.
And the said A. B. conveys to C. D. to have and hold in severalty to himself
and to his heirs, all his right and claim to the remainder of said tract included in
the following boundaries: Beginning [heregive the corners and lines.) And the
said A.B. agrees and covenants for himself, his heq's and representatives to War-
rant and defend the tile of the portion so conveyed to C. D. to him and his heirs
forever, against all claims by himself or any person claiming under him. This
day of 18 A. B. [Seal.]
(Attested and witnessed as the fir U deed.) C. D. [Seal.]
Notk—If there be more than two tenants in commci, the above form may hero altered as to meet the
case If the persons making the division hold under deeds trom dliferent persons let the fact be so stated in
tin reciting part of the deed. Each party should take a copy of this deed.
Deedfor a remainder man for land.
Whereas I have a fee simple interest in remainder, to take effect and be united
with the possession, after the dealh of E. F. who has a life estate in the same, in
a tract of land in the state of Tennessee, county, and District number
containing by estimation acres, be the s ime more or less and bounded as fol-
lows, to wit: beginning (heregive the boundaries.) N jw, for the consideration
of dollars to me in hand paid, 1 have bargained and sold, and do hereby con-
vey to C. D. the fee simple interest in remainder in said land. To have and to
hold the same to him, his heirs, and assigns forever. 1 do further covenant and
agree to warrant and defend the title to said land to the said C. D. his heirs and
assigns against the lawful claim of all persons whatever. This day of
18 A. B. [Seal.j
[Attested and witnessed as other deeds.]
miscellaneous forms.—Conveyancing,
795
Memorandum of a contract for the. sale of lan I,
We, A.B. and C. D. have this day made the following; contract anl agreement.
The said A. B. has sold his tractof land in county and district n nnbe.
Tennessee, containing by estimation acres, to C. p. lor the sum of dollars.
Now the said A. B. agrees and binds himself to convey to said C. D. by general
warranty deed, a title in fee simple, to said .and on the day of
next. And the said C. D. as a consideration for the same agrees at tl:c
samo time and before the delivery of the said dee!, to pay to the said A. B., his
heirs, or representatives, dollars, and to execute his note, wiihg > >d sec iri-
tv for dollars, due on the day of 18 [<*r a# the contract may he.]
For the due performance of which covenant , on our respective p irts, we i iad
ourselves to each other in t':e sum of [double the price of the land] to be p lid to
the other on a breach by either party. This day of IS A.B. [Sea'.]
{Two witnesses.) C. L). (_Se i.]
JVW —\s it may sometimes happen that contracts for the sale and purchase of land may he made '.V-ien
the | arties are not prepared to enter into bonds to convey, or title deeds, or to mute r secure lite payment
according to contract; and as by our statute of frauds, pane 3.50. "n > coniract for the sale of muds" is bind-
iu« without mine note o* memorandum ii. writug." we h vethought it might be useful to give the above
form, ltut such iustrument must always state the contract truly.
Deed for life estate in Land,
Whereas by the statues of dower [or deed or will ofE. F] I am lawfully seized
of a life estate in a tract of .and in tlie state of Tennessee, c utility and tits-
trict number containing by estimation apresand bounded as follows,
to wit: beginning [here insert the hound tries.) N nv, for the consideration of
dollars to me paid, 1 have barg lined and sold, and do hereby convey my said life
estate in the said tract of land to one C. D. To h ive and to h Id t > the sai d C. D.
for and during the term of my n itaral life,—the title to which f >r the s lid term, L
do warrant and agree to defend against the lawful claim of all persons whatever.
This day of 18
[Attested wi.nessed as other deeds.] A. B. ]Soal.]
Deed of Gift for Landi
For the love and affection I entertain forC. D. I do hereby give, transfer and
convey to him my tract of land in county Tennessee, district n imoer
containing by estimation acres and bounded as follows, to wit: beginning
[heregive the boundries.] To have and to hold the same to the sai I C. D. his heirs
and assigns forever. 1 covenant and agree for myself and heirs to warrant and
defend the title to the said tract of land to the said C. D. his heirs and assigns
against the lawful claim of all persons whatever. This day of 18
[Attested and witnessed as other deeds.] A. B. [Seal.]
JVble.—If a special warranty is only intended to be made let the above warranty be so changed.
Dezd of trust on land to secure creditors,
I, A. B. have this day bargained and sold and do hereby convey to C. D. for the
sum of five dollars to me paid and the other considerations herein after men-
tioned, a tract of land in the state of Tennessee, 'county, and district num-
ber containing by estimation acres and bounded as follows: beginning
[heregive the boundaries.] To have and to hold the same to the said C. D. his
heirs and assigns forever. I do covenant with the said C. D. that I am lawfully
seized of said land, have a good right to convey it, and th it the same is unin-
cum' e ed. I do further covenant and bind myself, my heirs aud representatives
to warrant and forever defend the title to the said land and every |.ari thereof to
"96
miscellaneous fokms.-*—Conveyancing.
the said C. D. his hei;s and assigns, against the lawful claim of all persons whit-
over.
13 it this deed is made fir the following uses and trusts, and for no olhf r pin-
pose, that is to say, I am indebted to one E. F., in the sum of dollars b) n tie
U.idor seal of this d tedueonthe day of 18 and arr> desirous to hem re
and mike certain the payment of the same. Now if I should pay the s-aid debt at
the time aforesaid then this deed to be void, but if I should not, then the said C.
D. as trustee, after giving da)snotice in wriling at the c< urt hoi se dim of
s iid county, and at ihe election ground of the < istrict n 1 three other public
places, in the neighborhood, may exp< se ihe said land to public sale., and sell it to
the highest hm&cv fav cash) [or on a credit if it be so agrecti] nx\& app opriafe the
prof eeds first lo ihe payipeut of the necessary expenses and c< sts,—sen ndly to
the sat gjfhction of said debt of d< liars, and thirdly to pay the Lallan e, if any
there be, to me. This day of. 18
[Attested and witnessed as the first deed] A. B. [Seal.]
Note.— \ deed oftruft to sav^tiWrmlesp one tl>at lias become spcii ritv or endorser, or In,I inriinotlier, tuny
beensily tn.'ideout from tin* uhove; lite oi.iy difference will lotosnitetl.e linlt ity truly, tustiiid of tie Is ft
of indelitedm psr.s til ove If tl e deeil oftrusi 1 e given U| on negroes or oiler peu>oiinl j r<i| pit}, let tie
first part of tl-p siltove form he rhsmsred t<» a Mil of sole in w hirh tl.e property must In-all i timed, nt d not eov-
ered iiy a su-peping r|i.use,iind the condition or part declaring; tlietrust hi d i.ljeitsol tl p tonveyame » ill le
the snme.'s that iii-ove with such chsmgesns will occur to nny oiieon copj ipg it. I ersoual ptn> ertj limy
beim-ltnlpd in the same deed, with and hut iiany thing lie included which isconsume.1 in the using ami lelt
vt itlt the debtor it will render the wnole deed void.
Deed hy a trustee to a purchaser.
Whereas A. B. by deed dated the day of 18 conveyed to me in trust
a tract of land in Tennessee, county, and district number containing
acres and bounded as follows; beginning [here give the boundaries] Which
deed was made to secure to E. F. ihe payment, of dollars, and comuined a
power to sell the said land in case the said debt was not paid on the day < f
18 and the 4aid debt not beihg paid 1 have proceeded according to the
terms of said trust defjd to advertise and sell ihe said land at pul lie sale,! nd ha\e
struck offand sold theb'same to G. H, for dollars that Leing ihe highest ind
best bid; Therefore in consequence of the premises and the power in me vest-
ed by said deed, and in consideration of the f*im of dollars to me paid and
applied according to ihe Irust; las trustee as aforesaid do transfer and convey
to the said G. H. his heirs and assigns forever all the right and title vested in me
by said trust deed, to the above described land. To have and to hold to the said
G. H. hif» heirs and assigns forever. And 1 do further transfer and asssign to ihe
said G. II. his heirs and assigns all the right and benefit of said wan; nty in said
deed to me contained in as full a manner as under said deed I can or shi uld, but I
assign and convey as trustee and not otherwise. This dav of 18
" C. D. [Serb]
[Attested and witnessed as other deeds] Trustce of A. B.
Note.—For the form of a mortgage and a deed by an Administrator or Executor on bond of deceased,
See these titles in this Appendix.
A Lease or contract of renting land.
Wc, A. B. and C. D. have this day entered into the following agreement, lint
is to say, the said A. B. puts the said C. D. into possession and agrees to keep i nd
secure him in the use, occupation and enjoyment of his tract of land in county
and district number c< ntaining by < stimation acres for the term of
years,from this time; and the said C. D. on his part agrees that he will not i.n-
necessarily injure or abuse the sa d farm, or tho buildings or enclosure ihere n,
but will take good care of the same, and at the end of his term deliver possess n
miscellaneous .forms.—Conveyancing.
797
thereof to the said A. B. his heirs or assigns, in as good order and condition as
it now is, unavoidable acciJenls excepted; and will pay to said A. B. at ihe end of
each year dollars for the use of the same. [Or if the contract be to clear land
state the quantity to be cleared and in what manner.] This day of 18
A. B. [So 1 ]
C. D |8e , .]
Note—The form in this case must necessarily depend upon the agreement of the pariies, which i- go
various that it is i pi possible to give a general form tosint in every case.
Bill of Salefor a Slave, [Ac/ 1784, ch. 10, ttc. 7,page 676.]
I have this day s.ild and do hereby convey io C. D. his hei/s and assigns forev-
er, tor hundred dollars, to me paid a man slave, named Sum. I warrant the
title to said slave to the said C. D. his heirs ani assigns against the lawful
claim of all persons, and I also warrant him to be sound, healthy, sensible, and a
6lave for life. This day of 18
[Two wituesees.] A. B. [ScaL]
Bill of sale, of a Stuhion wi'h warranty.
I hive this day sold and d > hereby convey to C. D. for the sum of dollars
to me paid, mv stallion, named . 1 warrant him to be sound, healthy, a
sur j foal getter, only years old, and of pedigree following, to wit: he w is sired
by his dam was by his grand dam by [fyc. as far as the icarran-
ty is to go.] This day of 18
[Two witnesses.] A. B. [Seal]
Power of Attorney to collect debts.
I, A. B. do hereby nominate an 1 appoint C. D. my attorney in fact, to demand
and receive of and 'rum all persons in lebied to me by note, account or otherwise
in the state or county of the amount of my claims and receipts and other acquit-
ancesto execute in my name; and in case of failure to pay, to bring suit against
them, and prosecute the same, in my name, and to employ counsel or agents at
mv expense. He miyals; compromise, arbitrate any cases wilh them; and do all
other things which m iv be necessary in and about said business. And I do hereby
ratify and confirm all the lawf il actings and doings of said C. D. in ptirsmhce of
thepjweranJ authority hereby conn inieitedas fully as if! were to do them my-
self. This day of 18
[Two witnesses.] A.B. [Seal.]
Power of Attorney to sell Land.
I do hereby nominate and appoint C. D. my Attorney in fact for me and in my
name, to sell and convey to any peison or persons their heirs and assigns forev-
er, who will purchase the same, by general warranty deed, in one or m >re tracts
as he m ly think best, my tract of land in the State of m County,
containing by estimition acres, and bounded as ollows, to t^t, beginning on
t{heregive the boundaries.) And take and receive the consideration money or take
n ites for the same at his discretion. He may also bring and prosecute in my
nime any suit that may be necessary to gain possession of or cstp.hli.-h my title
to the same, employ su 'h counsel or other aid as he may need at my expense and
ch irgc. A id I lo hereby ratify an 1 confi on any act or thing he m ly lawfully do
in the premises as fully as if I were present aqd doino- the same myself. This
day of 18 . A". B. [Seal.[
( Two or more witnesses.)
*«. 1. For the manner of making a deed under this power fi«?e Note to Genera) Warranty Deed; page
798
miscellaneous forms— Conveyancing.
Note 2. An executor may sell lands hy Attorney. Act 1833, eh. 51, page 86. The above form mar be
eo changed as to answer audi it case without difficulty. The form of a deed in inch cose will be the same
oil page 722, except it will be signed tliua By C. D. his Attorney iu fuct.
a. b [Seal.]
Power of Attorney to collect a legal or distributive share.
I do hereby nominate and appoint C. D. my Attorney in fact, to demand and
receive for me, from one or any oiher person having possession of or
liable for the same, a legacy bequeathed to me by (or a distributive share which
has descended to me from) one now deceased, late of the county of and
state of and all necessary, receipts, bonds and acquittances fi r me and
m my name to execute, for and about the same. 1 do further empower my said
Attorney to sue for and recover the same or my pari 'hereof, whether the same
be real or personal estate, and for that purpose to n:it!;e and employ one or more
Attorneys uuJer him, and to do all other acts and things necessary to accomplish
the objects of this power, at my expense and charge. And I do hereby ratify and
confirm all the lawful actings and doings of my said Attorney, in the premises,
as fully as if 1 were present and doing the same myself. This day «»f 18
(Two witnesses.) A. B. [Seal.]
Note I From ilie.-e lorm* powers of Attorney may lie framed for any other purpose. It is only neces-
sary to state (lis iuctly what the Attorney is empowered to do.
JVotk 2. Tliev are all to he proved by two or more subscribing witnesses or acknowledged and Register*
ed before they rati take ellect for all purposes. Act 1831, ch 90; a. 1,, age 5111. This probate or acknow-
led.'emeiit is to be before the Clerk of the County Court. 1835, ch. 53 page 598. if they are to go to an-
other State they must becertiticd according to Act of Congress, page 35—36
Articles of Co-Partnership between two Merchants,
We, A. B. and C. D. do hereby agree to become partners as merchants in
buying and selling by retail every species of merchandise in the town of
in County, Slate of Tennessee, for the term of years from this time.
To constitute a fund for that purpose, C. D. has paid in as stock (or agrees to do
so at a time certain) dollars, and A. B. the same amount, (or other amount
according to the fact.) Which will constitute a common stock of dollars to
be used and employed in common between them in buying goods wares and mer-
chandise at such places as ihey may agree upon, for the advancement of the •
best interests of the firm. The name and style of the firm shall be B. and D.
(or whatever name maybe agreed upon.) It is agreed that C. D. ii to give
his personal attention entirely to the business of the firm, for which he is to have
an extra allowance out of the profits of the business of dollars, (or that both
shall attend equally or whatever the agreement may be.) We are to bear the ex-
penses and losses, and to share the profits, equally. The Capital Stock is not to
be withdrawn by either party till the end of the term, and the profits are to re-
main in the concern, and be employed as capital, unless otherwise mutually
agreed between us in writing, and at the end of the term each party is to receive
the Capital by him now or hereafter paid in, and the clear profits equally divided.
The parlies are not to create any debts in the name of the fi *m under seal, without
the consent of both. There shall be kept in the books of the firm, full, true and per-
feet accounts ql all its purchases and sales, its receipts and disbursements, its ex-
penses and profits, and all other things necessary for a full and clear understanding
of its condition, free for the inspection of both parties at all times. And lastty
we agree at the expiration of the said term, or at ihe death of either party, or a
dissolution by mutual consent, a full and true settlement shall be made—the stock
of each paid over, and the profits, after paying all debts and losses, if any, di-
vided between them equally. This day of 18 . A. B. ]Seal.]
(Two or more witnesses.) C. D. [Seal.]
Note. Each contract »,f partnership depends for its form, so much upon the special covenants, and condl-
tions a;reed upon *>y the parties, that it is not piuctienhie to give a form that will answer every case. 7 he
only rule in rehitimi to them is »o < xnre--s cleerlv the nature, o! jerts ami rnMlhion* of The agreement. If
it i* Intended the ten* paitjr shall have th» fewer to bind thj o'her under muI it must be expressly stated ia
the articles.
miscellaneous forms.—Convey anting, 799
A release of all demands^
For the sum of dollar^ to me paid, (or for good and valuable con iderat'on)
I do release and discharge C. D. from all and every description of claim r dem sn i
against him, for money or property, which I have heretofore had, or now have, on
any account or ground whatever. This day of 18
(ITii/imej.) A B. [Seal.]
INDEX, T0 THE APP E N DIX'.'
Page
accounts. ' Form of affidavit annexed to an account, sent to another county
for collection, . , - - . t719
Forni of clerk's certificate, ' 7x9
Form of the affidavit denying the justice of the account, 719
ADMiNis- Form of bond to be given before letters granted,. , .<
TRATORS Form of letters testamentary, - -
1 Form of letters of administration,
executors. porm qfan inventory by administrator,
. Form of notice of sale by administrators, &c.« ,. , \/ .
Form of account of, sales,
Form of settlement with a committee of county court,-/
Form of receipt of a distributee to an administrator, '
Form of receipt of a legatee to an executor, 1 - -r
Form of receipt to be taken from a creditor,. v/ •
Form of refunding bond,. r - / /
Form of deed by administrator, &c. on bond of intestate,
appren-
TlCES.
arbitra-
tion.
Form of indenture of apprenticeship by father, " k -
Form of indenture by court,
Form of bond to submit matter to arbitration, •
Subpoena for witnesses before arbitrators, - ■
Form of award by arbitrators, --
Form of award when a case is referred by order of ccwfrt,
719
720
720
720
721
721
721
721
722
722
722
722
723
723
724
724
724
724
attach-
kent.
arms. Forms of warrants against person carrying arms,
Forms of bonds for good hehavior,
Form of warrant against person foiling to assist,
Form of affidavit for attachment,
Form of replevy bond. ...
Form of summons for garnishee to court,
Form of summons for garnishee before justice,
Examination of garnishee and judgment,. - ■
Form of judgment against defendant or attachment,
Form of order of sale on attachment,
Form of conditional judgment against garuishee,
Notice on conditional judgment, - ,
Final judgment against garnishee, ... -
102
725
-725
- 725
726
( 726
726
727
727
, 727
727
j. 728
t ,728
728
802 index to the appendix.
bail. F<?rm of bail bond in civil cases, - - 728
Form of bail bond or recognizance in criminal cases, 729
Form of warrant of commitment when bail surrendered, 729
Form of bail bond to appear before justice, - 729
Form of bail bond when defendant is in custody under ca. »a. 729
bastardy. Form of warrant against single woman for bastardy. 730
Form of mittimus in case of refusal to declare father, * 730
Form of bond by mother for maintenance of child, - 730
Form of examination of a single woman with bastard, - 739
Form of warrant against reputed father, - 730
Form of recognizance to appear at court, - 730
Form of mittimus on failure to give security for appearance, 731
bills of Form of bill single of exchange, - - 431
^j^hajige. Farm of duplicate of bills of exchange, - - 731
boats and Form of warrant for taking away boat, &c. - 732
water- Form of judgment, - 732
craft.
Form of administrator's and executor's bond, - 719
'bonds. Of refunding bond, - - 722
Of arbitration bond, - - 724
Of bond for good behavior for carrying arms, - 735
Of replevy bond in attachments, - - 726
Of bail bond in civil cases, - - 728
Of bail bond in criminal cases, - - 729
Of bail bond to appear before justice, - - 729
Of bail bond when defendant is in custody or ca. sa. - 729
Of bond by mother to maintain bastard, 730
Of recognizance by reputed father to appear at court, 730
Of bond for certiorari and supersedeas, - 735
Of bond of indemnity to constable, - - 736
Of recognizance for defendant's appearance in state cases, 760
Of recognizance to appear at court and keep peace, 761
Of bond on lost instrument, - - 771
Of prison bounds bond, - - 779
Of bond by householder taking up stray, - - 780
Of bond by taker up about removing, - - 781
bonds Form of bond with warrant to confess judgment, - 732
judgment. Form of notice to defendant of time and place, - 732
Form of judgment before justice, - - 732
bonds Form of delivery bond, - - 723
delivery.
book debts Form of oath under book debt law, - - 733
Form of oath by administrator or executor, - 733
certiorari Form of petition to two justices, - - 734
and Form pf petitioner's oath, - - 734
suprese- Form Of justices'order to clerk to issue, -> 734
deas* Form of notice to plaintiff, - - 734
index to the appendix.
803
Form of return to writ of certiorari, - - 735
Form of bond to be given to clerk, Jg - 735
consta- Form of notice to constables of motion, - - 735
bles. Form of judgment, - - 736
Form of bond of indemnity to constable, - 736
coroners. Form of oath by foreman of jury of inquest, - 736
Form of oath to the rest of the jury, - - 736
Form of oath of witnesses before jury, - - 737
Form of inquisition of murder, f - 737
Form of inquisition of manslaughter, - - 737
Form of inquisition of suicide, - - 737
Form of inquisition of death by accident or disease, - 737
Form of inquisition of homicide in self-defence, - 737
Form of warrant by coroner against defaulting juror, 738
Eorm of judgment, - - . 738
counties. Acts establishing or altering boundaries of counties, 738
chancery Rules of practice for chancery courts, - - 741
court.
criminal Subpoena for witnesses by a justice after recognizing or commit-
ting, ...
proceed- fFor other "forms" see Justices.]
ings. u j
Form of a notice to take depositions, - - 748
depositions form 0f commission to take depositions in cases before a justice, 749
Form of a caption of a deposition, - - 749
Form of justice's certificate to deposition. - - 749
dower. Form of oath of jury to lay off dower, - 749
Form of oath of jury to lay off dower and make partition, 750
Form of report of jury assigning dower, - 750
Form of report of jury assigning dower and partition, 750
Form of a fi.fa. or execution from a justice, - 750
executions ;porm 0f affidavit for the issuance of an execution within two
days, - - 751
Form of execution (or ca, sa.) against the body, - 751
Form of affidavit for ca. sa. - - 751
Form of a fi.fa. or execution against an administrator, &c. 751
Form of execution upon one certified from another county, 752
Form of order of sale, - - - 752
elections. Form °f °ath to be administered to judges and clerks, 753
Form of certificate to senators and representatives, 753
Form of certificate of county officer, - - 753
Form of certificate of election of justice, - 754
Form of certificate of election of constable, - 754
Form of certificate of vote for Governor, - 754
fences. Form of summons for two freeholders to examine fences, 752
Form of report of justice and freeholders, - 753
804
indejc to the appendix.
garnishee.
guardian.
habeas
corpus.
idiots and
'lunatics.
Fornfof wan-ant for the damages .reported,
Form of summons for garnishee to court,
Form of summon^ for garnishee before justice,
Examination of garnishee and judgment,
Form of conditional judgment against garnishee,
Form of notice on conditional judgment,
Form of final judgment against garnishee,
Form of summons for garnishee,
Form of guardian at next court after appointment,
Form of annual report by guardian, r
Form of receipt to guardian for disbursements,
Form of receipt to guardian from ward,
. }
Form of petition for writ of habeas corpus,
Form of writ of habeas corpus, T
Form of subpoena for witness,
Form of jury of inquisition,
Form of verdict of jury,
inven^c^t.. Form of inventory by administrator, &c.
jails and -F°rm °f mittimus to sheriff or jailor of another county,
Form of order to jailor of another county to deliver prisoner,
Form of clerk's certificate to said order,
jailors.
753
726
727
727
728
728
728
754
755
755
75(5
756
756
556
756
757
757
720
757
757
757
judgments.
justices.
Form of judgment against defendant on attachment,
Form of conditional judgment against garnishee,
Form of final judgment against garnishee,
Form of judgment for taking away water craft,
Forms of judgments against constables on motions,
Form of judgment against juror for not attending coroner's in-
quest,( - -i
Form of judgment against defendant in state cases,
Form of judgment in favor of defendant in state cases,
Form of judgment requiring sureties of the peace,
Form of judgment for plaintiff in debt,
Form of judgment after allowing set-,offi
Form of judgment by confession,
Form of judgment for defendant for costs, , .
'Form of judgment for, defendant on set-off,
Form of judgments in damage cases,
Form of judgment on sci.fa to revive,
Form of judgment against heirs on sci.fa.,
Form of judgment against disturber of public worship,
Form of judgment for selling spirits near worshipping assembly, 780
Form of judgment against taker up of stray for not paying, 780
Form of judgment in favor of secqrity against principal, 785
Form of fragment against co-security for proportion of judgment, 785
Form of state's warrants in felonies, - ^
Form of warrant against an accessary before the fact,
727
728
728
732
736
738
759
759
761
762
762
762
762
762
763
765
766
779
index to the appendix.
805
Form of warrant against an accessary after the fact, 758
Form of state's warrant in misdemeanors, - 758
Form of subpoena for witnesses on trial before justice, 759
Form of the examination of defendant, - 759
Form of examination of witnesses, - 759
Form of judgment against defendant, - - 759
Form .of mittimus, - 760
Form of judgment in favor of defendant, - 760
Form of recognizance for appearance of defendant, - 760
Form of recognizance of prosecutor, - - 761
Form of affidavit for peace warrant, - - 761
Form of judgment requiring sureties of the peace, - 761
Form of recognizance to appear at court and keep the peace, 761
Form of warrant for debt, - - 762
Form of judgment for plaintiff, - - 762
Form of judgment after allowing set-off, - - 762
Form of judgment by confession, - - 762
Form of judgment for defendant on set-off, - 762
Form of warrants for damages, - - 763
Form of judgment in damage cases, - - 763
Form of order granting an appeal, - - 764
Form of appeal bond, - - 764
Form of stay of execution, t - - 164
Form of order to be entered as stayo'r, - 764
Form of kcire facias to revive judgment, - 764
Form of sci.fa. to revive suit against administrator or executor, 765
Form of sci. fa. to make administrator or executor personally
liable, - - 765
Form of judgment of revivor, - - 765
Form of judgment on sci.fa., - - 765
Form of sci fa. from justice against heirs to make lands liable, 766
Form of judgment against heirs, - - 766
Form of sci fa. to make husband defendant, - 766
lands. Title of acts relative to public lands, - - 766
limitations Act of 1715, ch. 27, s 2, 3, 4, - - 769
Statute of James 1, ch. 16, s. 3, - 770
Error on page 440 noted. 769
lost in- j?orm of affidavit to bring suit, - - 771
struments. porm 0f bond to be given, - - 771
marriage. Formof marriage ceremony, - 771
militia. Form of returns, &.c. for militia officers, - 772
mortgages. Form of mortgages to secure debt, - - 776
factum!" Form of affidavit of non est factum, 776
notary Form of a protest, - - 777
public. Form of entry of notice, * * 777
806
index to the appendix.
Form of notice of protest, - - 777
orders. Form of an order for money, - - 777
partition. Form of oath of commissioners, - - 77$
Form of commissioner's return, - - 773
Form of notice of application for partition, - 773
prison
bounds. Form of prison bounds bond, - - 773
prdcess. Form of affidavit for issuing process on Sunday, - 779
public Form of warrant for disturbing, - - 770
worship. Form of judgment, - - 779
Form of warrant for selling spirits, &c. - - 779
Form of judgment, - 739
rangers & Form of appraisement, - - 780
strays. Form of appraiser's affidavit, - - 780
Form of taker up's affidavit, - - 780
Foom of bond by householder taking up stray, - 780
Form of warrant against taker up about to remove, - 781
Form of bond in such case, - . - 781
Form of warrant against taker up for not paying, - 78]
Form of judgment in such case, - - 781
Form of warrant for using stray horse before appraised, 782
Form of probate of person claiming stray, - 782
Form of probate after twelve months, - - 782
roads. Form of report of jury laying off road, - 783
Form of warrant for default of hands, - - 783
Form of judgment in such case, - - 783
Form of warrant against overseer for not putting up posts, &c. 783
Form of warrant for injuring sign boards, - - 784
Form of jury to assess damages by running road, . 784
Eorm of report of jury to change road, - - 784
sabbath. Form of warrant for penalty for breaking, - 785
Judgment in such cases, - - 785
search
Warrant. Search warrant, . - 785
security. Notice to obligor to sue on bond, &c. by security, 786
Notice to sheriff to be released as security, - 786
Notice by security for prosecution of suit, - - 786
sheriffs. Endorsements on process by sheriff, &c. - - 786
Writs to take body, ... 786
Summons from court) - - 786
Bail warrant from J. P., - 786
Common warrant from J. P., - - 786
When defendant cannot be found, - - 787
• Scire facias, - - 787
A Notice, - - - 787
index to the appendix.
807
Execution against property, - - 787
Where money is paid, - - 787
Where land is levied upon, - 787
Sale of goods and chattels, - - 787
Sale of land, - - - -787
Certificate to purchaser of land, - - 787
slaves. State's warrant against slave, - - 788
Subpoena for witnesses in trial of, - - 788
Warrant against persons for selling spirits to, - 788
Warrant for permitting disorderly assemblage of, - 788
Warrant for receiving articles from slave, not his own manufac-
ture, - - - 788
Judgment for penalties, - * 789
Bail bond for appearance of slave, - - 789
Warrant against a person bringing slaves into this state for sale, 789
Recognizance to appear at court in such case, - 789
stay op Affidavit of stayor to have execution issued or be released, 790
execution. Notice to principal debtor of such application, - 790
* Judgment vs. principal where stayor pays debts, - 790
vagrants. Warrant against a vagrant, - - 790
widows. Oaths of commissioners to lay off one year's provisions, 791
Report of commissioners, - a 791
wills. Form of written will and testament, - 791
Codicil to will, ... 799
Nuncupative will, - - - 791
warrants. Form of warrant against persons carrying arms, - 725
Form of warrant against person failing to assist officer, 725
Form of warrant of commitment when bail is surrendered, 729
Form of warrant against single woman for bastardy, - 730
Form of warrant against reputed father, - - 730
Form of warrant for taking away boat, &c. - 732
Form of warrant for damages to crop by stock. - 753
Form of state warrants in felonies, - 758
Form of warrant against an accessary before the fact, 758
Form of warrant against an accessary after the fact, 758
Form of state warrants in misdemeanors, - - 758
Form of warrant in civil cases, - - 762
Form of warrants for damages, - - 563
Form of warrant against disturbers of public worship, - 779
Form of warrant for selling spirits within a mile, - 779
Form of warrant against taker up stray about to remove, - 781
Form of warrant against taker up for not paying, - 781
Form of warrant for using stray before appraision, - 782
Form of warrant for default of hands on roads, - 783
Form of warrant for not putting up mile posts, - 783
Form of warrant for defacing, &c. sign boards, - 784
808
INDEX TO THE APPENDIX.
r rvr t a- Bond to convey and make title to land, - - 792
eous General warranty deed of bargain, and sale ofland, - 792
N Special warranty deed of bargain, and sale of land, - 792
forms. Deed by sheriff to land sold under execution, , - 793
Deed by sheriff to land sold for taxes, - - 793
Deed of one tenant in common to another, - - 794
Deed of partition between two tenants in common, - 794
Deed for a remainder man for land, - - 794
Memorandum of a contract for the sale of land, - 795
Deed for life estate in land, - . - 795
Deed of gift for land, - 795
Deed of trust on land to secure creditors, - 795
Deed of a trustee to a purchaser, - - 796
A lease or contract of renting land, - - 796
Bill of sale for a slave, - 795
Bill of sale of a stallion with warranty, - - 797
Power of attorney to collect debts, - - 797
Power of attorney to sell land, - - 797
Power of attorney to collect distributive share, - 798
Articles of co-partnership between merchants, - 798
A release of all demands, - - 799
INDEX TO THE STATUTES.
Page.
abatement. Suits shall not abate by death of plaintiff or defendant, but may
be proceeded in by guardian or administ'r 1786, ch. 14, s. 1. 65
(See Revivor) The intervention of a term of court shall not abate suit, 1789,
ch. 57, s. 7* -- - - 65
No plea in abatement shall be received unless sworn to, 1794,
ch. 1, s. 26. ... 65
No appeal to abate by death of plaintiff or defendant, 1794, ch.
1, s.64. - - - 65
When no person will administer on intestate's estate, suit to be
revived by sci.fa., 1809, ch. 121, s. 3. - 66
Suit by feme sole not to abate by marriage, 1819, ch. 16, s. 1. 66
Husband to become party and give security, same s. 2. - 66
Suit in name of one for another's use not to abate by death,
1825, ch. 29, s. 3. 66
Suit not to abate by death of one or more of several defendants,
1825, ch. 65, s. 1. - - 66
May be revived against representatives. Same. - 67
Suits against administrator or executor within six months aba-
ted, 1829, ch. 57, s. 2. - - - 68
What civil actions shall not abate by death, 1835, ch. 77, s. 1 68
Suit commenced in six months against administrator abated,
1829, ch. 57, s. 2. - - 84
No proceeding to abate for defect, omission, &c., 1809, ch. 49,
s. 21. - - - 88
Attachment without bond and affidavit abated, 1794, ch. 1, s.
19. - 102
No attachment abated for want of form, same, s. 24. - 104
When plea in abatement is overruled plaintiff to have full costs,
1794, ch. s. 26. - - - - 188
Ejectment not to abate by defendant's death, 1819, ch. 16, s. 4. 268
academies. To be preparatory schools to colleges, 1817, ch. 32, s. 1. - 68
Vacancy in board of trustees filled by county, 1817, ch. 137, s.
1. - - - - 68
County commissioners to settle with trustees, 1827, ch.57, s. 1. 68
Penalty on failure of trustees to settle, same, s. 2. - 69
If commissioners are trustees, court to appoint others, same, s. 3. 69
Treasurer's duty in rendering an account of moneys paid out to
trustees, same, s. 4. - - - 69
Manner of proceeding against trustees for not settling, 1829,
ch. 11, s.l. . - - - 69
Pay and duty of Attorney General in bringing trustees to set-
tlement, same, s. 2. - - 69
is
index to the statutes.
academies. Delinquent trustees to be dismissed, same, s. 3. - 70
Suits how prosecuted against trustees, same, s. 4. - 70
Fund to be apportioned among academies, 1829, ch. 07, s. 1. 70
Payments heretofore made to be deducted, same, a. 2. - 70
Manner of apportionment, same, s. 3. - 70
Trustees to give bond for faithful application of money, same,
s. 4. - - - - 70
How obligors to said bonds may be released, same, s. 5. - 70
Trustees may lend the funds, same, s. 6. - - 71
Estate of alien to descend to trustees, 1809, ch. 53, s. 1. - 87
accounts. From other counties or states how to be certified, 1819, ch. 25,
8.1. - - - - 71
Settled accounts of equal dignity with bonds, notes, Sfc., in pay-
ing intestate's debts, 1786, ch. 4, s. 2. - 73
How proven by plaintiff's own oath under book debt, 1756, ch.
4,s.2. - . - - - 131
acts of On naturalization. - - 27
co nor ess. On authentication of records, - - 35
On the removal of suits from state cburts, - - 37
Accepting certain lands from North Carolina, - 39
Receiving Tennessee into the Union, - 43
administra- May carry on suit after death of plaintiff or defendant, 1786,
tors and ch. 14, s. 1. - 65
executors. may prosecute appeals after death of plaintiff or defendant,
1794, ch. 1, s. 64, - - 65
To obtain letters of administration and testamentary, 1715, ch.
48, s. 4. - - - 71
Letters not to be issued without bond and oath, same, s. 5, - 71
Form of administrator's bond, same, - 71
Administration to be granted to next of kin and next'to greatest
creditor, same, s. 8. - - - 72
Claims of creditors barred after seven years, same, s. 9, 72
Inventories when and how to be made and returned, 1723, ch.
10, s. 2, - - - 72
To render a true account of sales, same, - 73
When imperishable property may be sold, same, s. 3. - 73
Order in which debts are to be paid, 1786, ch. 4, s. 2, - 73
Right of preference in paying debts retained, same, - 73
Proceedings to recover debts when papers of deceased are lost
by accident, 1787, ch. 18, s. 1. - - 74
Suit dismissed if papers were not accidentally lost, same, s. 2. 74
Estate to be paid over after two years, 1789, ch. 23, s. 2. 74
Refunding bond to be given by distributees, same, - 74
Bonds to be brought into court and recorded, same, s. 3, 75
When plea of fully administered is found for defendant, plaintiff
may sign judgment, same, - - - 75
Sci.fa. may issue against persons giving refunding bonds, same, 75
When creditors to make demand of their claims, same, s. 4, - 75
Creditor delaying at the request of administrator not to be bar-
red, same, - - 75
When claims against deceased to be advertised for, same, s. 5, 75
iNDEX TO THE STATUTES.
in
Proceedings to sell real estate by administrator who is a credit-
or, 1789, ch. 39, s. 1. - 76
Appeal allowed to circuit court, 1794, ch. 1, s. 48, - 76
When and how to make title to land sold by deceased, 1794, ch.
5, s. 1. - - - - 77
If administrator or executor hold title bond, guardian to be ap-
pointed to make title, same, s. 2. - - 77
Deed made by acting administrator or executor good, though
there are others, same, s. 3, - - 77
Administrator &c. of a joint obligor, with the surviving obligor,
competent to make a title, same, - - 77
Proceedings when land is not described in title bond by metes
and bounds, same, s. 3, - - 77
Proceedings when deceased persons have made entries or hold
warrants, same, s. 5. - - 78
Compensation to surveyors and freeholders, same, s. 6, - 78
Any person may be employed to sell property, 1797, ch. 7, s. 5, 78
How administrator of another state may prosecute suits here,
1809, ch. 121, s. 1, - 78
How executor of another state may sue here, same, s. 2.- 79
Executors to give bond and security, except otherwise provided
in will, 1813, ch. 119, s. 3, - - 79
May be compelled to give security on complaint of waste, same, 79
On failure to give security administrator to be appointed, same, 79
How security of administrator may be released, same, s. 5, 79
Execution not to issue for twelve months after qualification,
1815, ch. 37, s. 1, - - - 80
Suit on administrator &c., bond may be prosecuted in name of
Governor, 1822, ch. 16, s. 1, - - 80
Judgment on bond in favor of one no bar against others, same,
s.2. - - - - 80
Profert of attested copy sufficient, same, s. 3, - - 80
Person for whose use suit is brought liable for costs, same, s. 4. 80
County court may make reasonable allowance as compensation,
1822, ch. 31, s. 1, - - - 80
Settlements with commissioners prima facie evidence, same, s. 2, 80
May be contested by guardian predente lite, same, - 80
Proceedings when execution against administrator, &c., is re-
turned "no property," 1822, ch. 43, s. 1, - 81
Proceedings when execution against the deceased is returned
"nothing found," same, s. 2, - - 81
Proceedings when papers are with another justice, same, s. 3, 81
How securities of executors may be released, 1825, ch. 62, s. 1, 81
Where part of the administrators, &c., have removed from the
state, suit against those remaining, 1826, ch. 38, s. 1, 82
Same proceedings in case of waste as if all were sued, same, s. 2, 82
Not liable for costs, when "fully administered" found for them,
same, s. 3, - - - - 82
Proceedings by administrator to sell lands and intestate, 1827,
ch. 54, s. 4, - - 82
To be conducted as equity suits, same, s. 3, - - 82
Not to sell slaves, 1827, ch. 61, s. 1, - - 82
Proceedings for the sale of slaves, same, s. 2, - 83
iv
INDEX TO THE STATUTES.
When one or more administrators have removed, suit before jus-
tice to be against those remo\ ing, 1827, ch. 84, s. 1, 83
Hay settle with guardian of minors of another state, 1829, ch. 6,
s. 1, - - - 83
To have six months to ascertain situation of estate, 1829, ch.
57, s. 1, - - - - 84
Not to be sued in six months, same, s. 2, - - 84
Proceedings by executor for sale of land, 1831 ch.22, s. 1, 84
To be conducted as equity suits, same, s. 2, - 84
Not exempt from suit by securities of deceased to notes, bonds,
&c.,1831,ch.23,s. 1, - 84
Not to confess judgment within six months, same, s. 2, - 85
Judgments against deceased may be revived as formerly, same,
s. 3, - - - - 85
County court may grant administration on estate of persons re-
siding out of the state, 1831, ch. 24, s. 1, - - 85
To be granted in county where land or goods are, same, s. 2, 85
No administration after twenty years, same, s.3, - 85
Execution not to issue till after twelve months, 1832, ch. 10, s. 1. 85
Executor may sell lands by attorney, 1833, ch. 51, s. 1. - 86
Act of 1831, ch. 24, restricted, 1835, ch. 86, s. 3, - 86
When book of testator or intestate good evidence, 1756, ch. 4,
s. 4, - - - 131
May sue sheriff for escape of prisoner for debt, 1777, ch. 8, s. 11, 287
Proceedings when intestate is insolvent, 1833, ch. 36, - 395
Not required to deny signature of intestate on oath, 1819, ch. 42,
s. 1, - - - - 499
Of security may notify holder of note, &c., to sue, 1801, ch. 18,
s. 2, * - - - - 652
Plea of abatement to be verified by affidavit, 1794, ch. 1, s. 26, 65
ae i a . for certiorari may be made before Justice, 1833, ch. 65,
s. 1, - - - - 143
Affidavit to accompany bill of divorce, 1835, ch. 26, s. 4, 258
aliens. Excluded from the rules of descent, 1809, ch. 53, s. 1, - 87
What is necessary to enable aliens to succeed to estate, same,
(See Naluraliza- S. 2, - - - - 87
tion.) To have good title to property acquired, 1819, ch. 36, s. 1, 87
Conditions on which to have title, same. 88
When court may order allowance for support of wife and child-
alimony. ren, 1835, ch. 26, s. 10, - 259
When alimony to be decreed, same, s. 19, - 261
Costs discretionary in application for, same, s. 21, - 262
amendment Statutes of jeofails of England in force, 1794, ch. 1, s. 27, 88
Bills in equity may be amended before copy issued, without
costs, 1801, ch. 6, s. 8, - - - 88
When defects, omissions, &c. may be amended, 1809, ch. 49, s. 21. 88
All proceedings in Supreme Court may be amended, 1811, ch.
72, s. 14, 89
Proceedings or appeals from justices may be amended, 1821,
ch. 21, s. 1, ... K9
index to the statutes.
v
answ ers. May be sworn to before judge or justice. 1801, ch. 6, s. 11. 216
To be filed at first term, sames. 13. - 217
After answer and no plea in abatement, no exception to be al<
lowed to jurisdiction, same, s. 16. - - 217
Proceedings when answer is excepted to, same, s. 17, - 217
When second answer is insufficient, same, s. 19. - 217
appeals. Not to abate by death of plaintiff or defendant, 1794, ch. 1,
s. 64, - - - 65
Defects in appeals from Justice may be supplied, 1821, ch. 21,
s. 1, ... 89
From Justice to Circuit Court allowed, 1794, ch. 1, s. 54, 90
Security for prosecuting the appeal required, same. - 90
Appeal tried at first term, if taken five days before the term,
same, .... SO
From County to Circuit Court allowed, same, s. 63, - 90
On appeal 124 per cent, allowed, same, s. 64, - 90
Transcript to be filed 15 days before court, same, s. 66. 91
Judgment affirmed if transcript is not filed in time, same. 91
Duty of clerks on receiving transcripts on appeals, same, s. 69, 91
From Justice to Circuit Court, on giving security, 1809, ch. 63,
s. 1, - - - - 92
Justice to file papers by 2d day of term, same, s. 2, ' - 92
If papers are not returned, appellee may return them and take
judgment, same, 92
When papers are returned plaintiff to appear in two first days,
or the defendant may have non pros, same, s. 3, . 92
If defendant appeal, and do not.appear in three days, plaintiff
may have judgment affirmed, same. - 92
If plaintiff appeal, and defendant does not appear in three days,
to have judgment by default, same. 93
Proceedings on appeals in error, 1811, ch. 72, s. 11. - 93
Appeals in error from County to Supreme Court, both parties
consenting, 1813, ch. 78, s. 2. - - 94
Defendant appealing and failing to appear, plaintiff to have judg-
ment final by default, 1811. ch. 119, s. 2. - 94
Plaintiff appealing- and not appearingto suffer, nonpros, same, 94
When appeal is dismissed, judgment to be entered for principal,
costs, and 124 per cent, 1817, ch. 119, s. 2. - 94
Appeals not to be dismissed for want of reasons filed, 1820, ch.
9. s. 2. - - - - 94
In appeals in error securities to be bound for debt, damages and
costs, 1823, ch. 54, s. 2. - - - 95
When error is apparent in the record, writ of error and superse-
deas in vacation, same. 95
Damages on affirmation of judgment, same, s. 2, - 95
Controversies about roads may be taken up by appeal, 1827,
ch. 50, s. 2, - - - 95
One or more defendants may appeal, 1827, ch. 52, s. 1, 96
In appeals in error securities liable for debt, costs and damages,
1927, eh. 72, s. 1, - - - 96
Appeals in error not to be dismissed without deciding on merits,
1829, ch. 103, s. 2, - . 96
When circuit judge appeals from justice, cause to be removed to
another circuit, 1831, ch. 47, s. 2, - 96
i index to the statutes.
Appeal from Chancery to Supreme Court, 1831, oh. 49, s. 1, 97
If appeal is not prosecuted with effect, court to make decree,
same, s. 2. - - - 97
If plaintiff appeal, and the judgment above is not more favorable
than below, judgment for defendant for costs, 1833, ch. 78,
s. 1, .... 97
Attorney stricken from roll for misdemeanor may appeal, 1815,
ch. 97, s 2, - - 110
In appeals to the U. S. Court on the act against private banking,
governor to employ counsel, 1827, ch. 85, s. 6, 122
In appeals from Justice, plaintiff may be ruled to security for
costs, 1813, ch. 131, s. 2, - - 189
In appeals from Chancery to Supreme Court, original papers to
be carried up, 1822, ch. 14, s. 3, - - 220
Appeal may be taken from Chancery Court on decree ordering
an account, 1835, ch. 3, s. 17, - - 237
Appeal allowed to Supreme Court during its session, 1835, ch.
3, s. 19, - - - - 238
To be tried the same term if opposite party notified, same, 238
Appeals from Benton bounty to Jackson Supreme Court, 1835,
ch. 19, s. 14. - 238
Appeal allowed from order appointing guardian, 1762, ch. 5,
s. 24, - - - - 390
Two days allowed for appeals, 1835, ch. 17, s. 10, - 433
Appeals in road cases to operate as writs of error, 1829, ch. 70,
s. 1, - - - - 637
appear- Plaintiff" may enter defendant's appearance when in prison,
ance. 1794, ch. 1, s. 14, - - . 539
Defendant to appear in three days after declaration filed, same,
s. 26, - 539
Orphans without property to be bound out, and proceedings
apprentit thereon, 1762, ch. 5, s. 19, - 98
ces. Binding to be by indenture between master and chairman, same,
s. 20, - - - - 98
Persons injured may sue on indenture, same, - 98
Children abandoned to be bound out, 1825, ch. 46, s. 1, 98
arbitra- In cases referred, clerk or justice to issue subpoenas for wit-
tion. nesses, 1806, ch. 46, s. 1," - r: 99
Witnesses to have same pay as in court, same, - 99
In all arbitrations justice to issue subpsenas, same, s. 2. 99
Constables to execute subpoenas, same. - 99
Constable and witnesses to have same compensation as in court,
same, ... 99
arms. Judge or justice to bind over persons carrying arms, 1801, ch.
22, s. 6. - - - - 99
Offender to be indictable and punished as a rioter, same, 99
Fine for carrying dirk, sword cane, pistols, &c. 1821, ch. 13,
s. 1, - - 100
Not to affect persons travelling, same. - • 100
INDEX TO THE STATUTES.
vii
Sheriff to arrest persons carrying arms with intent to break the
peace, 1825, ch. 19, s. 1, - - 100
Offender to be bound to good behavior for 12 months, same, 100
Justice to cause offender to be arrested, same, s. 2. - 100
Bonds how sued on, same, s. 3. - - 100
Officer to summon bystanders to aid in arresting offenders, same,
s. 4, - - - 101
Offenders refusing to give bond to be committed, same, s. 5, 101
Officers neglecting duty how punished, same, s. 6, 101
Exempt from execution, 1835, ch. 21, s. 58, - 478
Public arms how drawn for use of companies, 1835, ch.21,s.
93. .... 483
assigns. May prosecute appeals after death of plaintiff or defendant,
1794, ch. 1, s. 64, - - - 65
tSee Ncgotiabi- Suit may be brought in name of assignee of land with collateral
lity ) conditions, 1801, ch. 6, s. 54, - - 130
Assignee of bill, bond, or note, may bring debt, 1789, ch. 57,
s.3, .... 500
Assignment only to be denied on oath, 1819, ch. 42, s. 1, 501
Assignors of notes, &c. may notify holder to sue, 1801, ch. 18,
s. 3. .... 652
attach- Judge or justice may issue attachment, 1794, ch. 1, s. 19. 101
ment. What must be sworn to obtain attachment, same. 101
Bond in double the debt to be taken, same, - 102
Bond and affidavit to be returned to court, same. - 102
Attachment without bond and affidavit abated, same, - 102
Justices may issue attachment, same, s. 20, - - 102
May issue against estate of non-resident, same, s. 21. - 102
Estate attached may be replevied by giving bond and security,
same, s. 22, - - 102
Perishable property to be sold if not replevied in 60 days, same, 103
Sale to be advertised 20 days, same, - - 103
Officer to summon garnishee to appear and answer, same, 103
Property attached may be replevied by special bail, same, s. 23, 104
Form of writ of attachment, same, s. 24, " - 104
Form of bond, same, ... 104
No attachment abated for want of form, same. - 104
Attachments against non-residents to be stayed six months, same,
s. 25, - - - - 105
Notice to issue to defendant, and upon his appearance property
liberated, same, - - 105
Interest allowed during stay, same. - - 105
One justice may issue attachments, and proceedings to be sum-
mary, s. 56. ... . 105
Constable may levy attachments, 1799, ch. 25, s. 1, - 105
Proceedings on executions founded on attachments, levied on
land, 1821, ch. 26, s.l, - - 105
Property exempt from execution also exempt from attachment,
1833, ch. 80, s. 4, - 106
Justice mav issue attachment returnable before himself for $100,
1835,"ch. 42, s. 1, - - .106
Creditors may file bill, to have property of non-resident debtor
attached, 1835, ch. 43, s. 1, - - 106
viii
index ro the statutes.
attach-
ment.
attach-
ment
judicial.
Complainant to file affidav it of indebtedness of defendant, .< a me, MKJ
Persons owing non-resident or having his prnpt rty in possession,
to be defendants,'same, s. 2, - - l()fi
To be liable for paying, or secreting, or purchasing claims, on
non-resident, same, - - - Kill
Made applicable to absconding debtors, same, s. 51, - 106
Perishable property attached to be sold, same, s. 4, - 107
No decree to be made out until 2nd term, and after publication,
same, s. 5, - - - 177
Property to be sold as the court may direct, same, s. 6, 107
Debts or ehoses in action, due or not, may be attached, s. 7, 107
Accommodation endorser may have the benefits of this act, same,
s.8. - - - 107
Transfer made after bill filed void, same, s. 9, - ION
Attachment the only process of contempt in chancery, 1801, ch.
G, s. 9, - - - 21G
After attachment for'contempt no plea or demurrer, but by leave,
same, s. 21, - - - - 218
Bail to be taken on service of attachments, same, s. 22. 218
When attachment for contempt may insure, s. 23, - 218
Maybe granted by circuit judge in equity cases, 1835, ch. 41,
s. 9, - - - 228
May be levied on standing crop at any time, 1833, ch. 20, s. 3, 299
Property exempt from execution, exempt from attachment, 1833,
ch. 80, s. 4, - - - 535
Plaintiff may have judicial attachment against person having
effects of defendant, 1794, ch. l,s. 22. - - 103
When judicial attachment may issue, and proceedings thereon,
same, s. 17, ... 108
No judicial attachment unless founded on original attachment,
&c., same, s. 23. ... 108
attorney
general.
His duty and pay in bringing trustees of academies to a settle-
ment, 1829, ch. 11, s. 1 & 2. - - 69
Judge to certify services of attorney appointed pro tern., in place
of attorney general, 1819, ch. 52, s. 1. - 113
Treasurer to pay the amount of the certificate, and deduct from
the salary of the attorney general, same. - 113
To reside in his district or his office vacated, 1825, ch. 272, s. 2. 113
To call on clerks for receipts, 1829, ch. 49, s. 12. - 113
Court to enter up judgment against defaulting clerk, same, 114
To call on clerks for execution dockets, and move f r judgment
against sheriffs, 1833, ch. 43. s. 1. - - 114
No notice required atffrst term, same, s. 2, . 114
If at subsequent term to be proceeded in at next term, same. Ill
Tax fee, $5, same, s. 4, - - 114
Solicitorial districts co-extensive with judicial circuits, 1815, ch.
28, s.l. - - - 11*
In absence of attorney-general court may appoint pro tem.,same,
s.2, - - - - 135
To give opinion when state or county is concerned without fee,
same, s. 3. - - - 115
To give act against private banking in charge, 1827, ch. 15,
s. 3, - - - 122
INDEX TO THE STATUTES.
IX
To call on clerks for receipts first court after October, 1835, ch.
55, s. 6, - - 154
When to file bill of indictment ex officio, 1822, ch. 40, s. 3, 241
His fee in gaming cases, 1824, ch. 5, s. 3, - 300
To pay costs if there is no prosecutor on indictment, 1801, ch.
30,s. 2. - - - 385
To send bill without prosecutor on inquest of coroner, 1812, ch.
44, s. 1. - - - 385
Tax fee in lottery cases $20,1835, ch. 47, s. 6. - 446
Duty in calling on clerks for receipts of treasurer and trustee,
1825, ch. 51, s. 4. - - 611
Tax fee in prosecutions of overseers of roads, 1821, ch. 6, s. 10, 635
attorney Duty of reporter, 1831, ch. 52, s. 1. - - 115
general & His compensation, same, s. 8. - 116
reporter. May report former decisions, same, s. 9. - 116
Salary and duty of attorney general, 1835, ch. 51, s. 1. . 116
Same disabilities and subject to same penalties as solicitors,
same, s. 2. 116
Court to direct what cases shall be reported, 1835, ch. 76, s. 1. 116
What part of argument to be reported, same, s. 2. - 117
To furnish clerks with reports, same, s. 3. - 117
To furnish back volumes, same, s. 5. - - 117
New counties to be furnished, same, s. 6. - 117"
Penalty for failure to furnish reports to clerks, same, s. 7. 117
Liable to an action for neglect or malfeasance, 1743, ch. 4, s. 5. 108
attorneys. May be sued for costs for not filing declaration in time, 1794, ch.
1, s. 26. - 109
Two judges to grant license, 1798, ch. 1, s. 2. - 109
From other States to produce evidence of good character, same,
s. 3. - - - 109
Oath of attorney, same. - - 109
No particular length of time for student to read law, 1809, ch.
6, s. 1. - - - 109
Applicant to produce certificate of county court, same, s. 2. 110
Proceedings on charge of misdemeanor, 1815,ch. 97, s. 2. 110
If guilty to be stricken from roll, same. - 110
Appeal allowed, same. - - 110
Two Supreme Court Judges may license, 1815, ch. 166, s. 5. 110
Judges to examine attorneys from other states, 1817, ch. 135,
s.2. - - - 110
Clerk of county court not to practice as attorney, 1817, ch. 51, s. 2. Ill
Court, to silence such attorney, same. - - 111
Clerk of county court may practice in circuit court, 1817, ch. 94,
s. 1. . - : 111
Judges may silence attorneys for bad conduct, 1817, ch. 61, s. 3. Ill
Not to give evidence against client who consulted him, 1821, ch.
66, s. 3. - - - 111
Misdemeanor to give evidence and punished, same. - 112
Judgment by motion against attorney failing to pay over money,.
1825, ch. 13, s. 1, - - 112
To have five day's notice, same. - 112
B
X
index to the statutes.
To be stricken from roll if the judgment is not paid, fame, s. 2.
Misdemeanor in clerks of any court to practice as attorney,
1827, ch.53, s. 1.
Chancellors may license attorneys, 1831, ch. 50,s. 2.
To be stricken from roll for taking contingent fee, 1821, ch. 00,
s. 2, - - - -
bail# .Sheriff to take bail on executing writ on the body, 1704, ch. 1,
s. 11,
On failure to stand as special bail, same,
Bail bonds to be assigned by Sheriff, form of assignmet, same,
s. 12. - - -
Sheriff failing to assign, to be special bail, same,
All bail to be special bail, same, s. 14,
Proceedings to make bail liable, same,
Bail may surrender principal in his discharge, same, s. 15, -
Proceedings on sci.fa. made known to bail, same, s. 16,
Bail may have judgment by motion against principal, 1801, ch.
15, s. 4, - -
Required in qui-tam actions, 1805, ch. 21 s. 1,
Sheriff to lake bail on capias on indictment, 1805, ch. 37, s. 1,
Sheriff may take bail of principal surrendered up, 1809, ch. 6.
s. 1. - -
Security may deliver up principal charged with offence and
sheriff may take other bail, 1809, ch. 6, s. 2.
Amount to be taken in bailable cases, same,
Persons failing to give bail to be committed, same,
Sheriff not bound to accept surrender unless at his own house
or at court house, same, -
Prd^ee^nSs f° render appearance bail liable, 1825, ch. 33, s. 1
Ca. Sa. to issue in 12 months, and sci.fa. on "not found," same
Sheriff to assist bail in arresting principal, 1827, ch. 18, s. 1,
Bail to accompany sheriff, same,
To furnish copy of bail bond, same, -
Two persons may assist bail to surrender principal, same, s. 2.
Proceedings to be returned or bail bond, same, s. 3,
Rights of special bail not abridged, same, s. 4,
Justice or Sheriff may take bail in criminal cases, 1831, ch. 4,
s. 1, - - - '
Bail* required in chancery when complainant's claim is sworn to
1789, ch. 57, s. 6, - - ...
Sheriff to take bail in cases of contempt of court, 1831, ch. 19,
s.2,
Bail taken on service of attachment for contempt, 1801, ch. 6,
s. 22. -
Appearance bail not required to civil actions, 1831, ch. 40, s. 2.
Bail warrant may issue on affidavit, same, s. 4.
Master of slave may bail slave, 1825, ch. 24, s. 4,
Amount of bail bond, same, s. 8,
112
112
112
144
117
117
118
118
118
118
118
118
119
119
119
119
119
120
120
120
120
120
120
120
120
120
120
121
121
162
185
218
383
383
679
679
BANKS.
Holder of bank notes may sue-in the county where the branch
is and service on President and Cashier sufficient, 1819,
ch 19, sf % . - - - 121
INDEX TO THE STATUTES.
xi
Penalty for banking without being incorporated, 1827, ch. 85,
bastardy#
BILLtARD
TABLES.
BILLS OF
EXCHANGE.
BILLS IN
CHANCERY.
s. 1, -
Attorney General to give this act in charge, same, s. 3,
In appeals to U- S. Court Governor to employ counsel, same
Time given to banks to wind up 1832, ch. l,s, 4,
Tax of $500 per year, same, *
121
122
6, 122
122
122
Justice-to examine single woman as to the father of her bastard
child, 1741, ch. 14, s. 10. - - 123
Woman to be fined and give security for maintenance, same, 123
Person accused by her to be chargeable with maiptenancg of
the child, same, - - - 123",
Justice may bind reputed father to Court, same, s. 11, 123,
If reputed father is removed, clerk to issue capias, 1813, ch.
131, s 3, .... X23.
Pregnant woman not to be examined until 30 days after her
delivery, 1819, ch. 12, s. 1, - - 123
Issue as to the father, 1822, ch. 29, s. 1. - - 123
Allowance for maintenance of bastards, same, s. 2, - 124
Father not exonerated from maintenance by legitimating child,
1825, ch. 30, s. 1. - - - - 124
No licence to be issued, 1817, ch, 179, s. 1, - 124
Penalty of $2000 for keeping, same, s. 2. ■ 125
Owner of house where kept liable to same, penalty, same, <s. 3, 125
Fine and imprisonment for keeping, 1820, ch. 13, s. 1, - 125
No prosecutor necessary on indictment, same, s. 2, - 125
Liable to separate indictment for every 24 hours, same, 125
BILLS OF
REVIEW.
BOATS AND
WATER-
CRAFT.
Damages in case of bill drawn on a person in some other state
or country on dishonor, 1829, ch. 14, s. 1, - 125
Damages to be in lieu of interest, same, s. 2, - 126
Entry on protest or in book primafacie evidence of notice, same s. 3,126
May be amended, 1801 ch. 6, s. 8. - - - 88
Creditor may file to have property of non-resident debtor at-
tached, 1835, ch. 43, s. 1, - - 106
May be filed to discover champerty, 1821, ch 66, s. 2. - 144
When they may be taken pro confesso, 1801 ch. 6, s. 15, 217
May be taken for confessed, if defendant refuse to answer after
process of contempt, same, s. 20, - - 218
When bill dismissed for want of prosecution, same, s. 29, 219
Bills for title to land where filed, 1825, ch. 22 s. 1, - 221
Sworn to before Judge, Justice or Clerk, 1826, ch. 19, s. 1, 221
For performance of contracts relative to land to be filed where
land lies, 1827, ch. 42, s. 1, - - - 222
To divest title to land where filed, 1833, ch. 52, s. 1, - 224
Proceedings on bills of review, 1801, ch. 6. s. 53, - 220
Penalty for taking from landing boat or other craft, 1741, ch.
13, s. 1, - - - - 126
Action for damages not barred, same, s. 3. - 127
xii
index to the statu 1es.
Slaves guilty of offence to be whipped, same s. 4, 127
Not to extend to persons pressing boats by authority, same, s. 5, 127
Master directing slave to take boat guilty himself, same, s. 6, 127
Compensation for stopping water craft when adrift, 1831, ch.
109, s. 1, - ... 127
Justice to appoint two persons to settle compensation, same, 127
To be paid before water craft is delivered, same, s. 2. 127
Owners of wharfs to have lien on water craft for fees, 1835,
ch. 80, s. 1. - - - 12H
Refunding bond payable to chairman to be given, 1789, ch. 23,
s. 2, - - - - 74
When persons giving refunding bond to be proceeded against by
sci.fa., same, s. 3, - - 75
Proceedings on title bond of intestate or testator, 1794, ch. 5,
s. 1, and 2. ... 77
Suits on administrator's bond in name of Governor, 1822 ch. 10, s. 1, 80
Bond for prosecution of appeals to be part of record, 1794, ch.
. 1, s. 64, - - - 90
Appeal bond in cases from chancery court to be part of reeord,
1831, ch. 49, s. 2, - - 97
Bond in double the debt on issuing attachment, 1794, ch. 1 s. 19, 101
Bond to be returned to court, same, - - 101
Bail bond to be assigned by Sheriff, 1794, ch. 1, s. 12, - 118
Bond in double the judgment on certiorari and supersedeas 1807,
ch. 81, s. 1, - - - - 141
Condition of bond, same, - - - 141
Bond of Circuit Court Clerk for collecting taxes on suits, 1786,
ch. 14, s. 13, - - - 155
Bond of Circuit Court Clerk for safe keeping of records, 1794,
ch. 1, s. 2, - - - - 155
Constable to give bond in $1000, 1824, ch. 10, s. 1, 183
Judgment on indemnity bond by motion, 1825, ch. 40 s. 1, 183
Coroner to give bond in $2500, 1785, ch. 3, s. 6, - 186
Bond may be assigned, same, - - - 186
Person for whose use suit is brought on guardian bond liable for
costs, 1825, ch. 45, s. 5, - - 190
Judgment may be taken in Supreme Court, on bonds taken in
Circuit Courts and removed to Supreme Court or taken in
Supreme Court, 1817, ch. 199, p. 3. - - 233
Guardian bonds payable to Chairman, how recoverable, 1825,
ch. 45, s. 1, - - - ' - 372
Proceedings on breach of prison bonds bond, 1817, ch. 1C, s. 1, 392
Bonds on ca. sa. to be payable to plaintiff, 1825, ch. 57, s. 1, 394
Bonds for money made negotiable, 1786, ch. 4, s. If - 499
Execution of not denied but on oath, 1817, ch. 86, s. 2, - 501
, Court to enter, judgment on bond with warrant of attorney, 1801,
ch. 19, s. 1. - - 128
ment; Proof of notice to maker required, same. - - 128
Notice to be sex*ved by Sheriff or Constable, same, s. 2. 128
Judgment to be stayed on good security, same, s. 3. - 129
bonds de- In double the amount of the execution for delivery "of goods and
uvery. chattels, 1801, ch. 13. s 1. - - 129
bonds judg-
index to the statutes.
xiii
Securities to be responsible for value of the property in the bond,
1831, ch. 25, s. 1. _ . _ 129
Value to be ascertained by five disinterested men, same, 129
If bond is forfeited officer to proceed to levy on property ofde-
fendant, same s. 2. - - - 129
If property of defendant is not sufficient, then to levy on proper-
ty of security, same. - 129
To return bond with execution with unsatisfied balance endors-
ed, same. - 129
An alias or yluries execution to issue for thejralance, same. 130
No second bond to be taken, same. - - 130
Forfeited bond good authority for officer to levy and sell proper-
ty of securities, same, s. 3. - - 130
bonds pen- Suit may be brought in name of assignee of bond with collateral
al. conditions, 1801, ch. 6. s. 54. - - 130
Judgment for the penalty discharged by payment of principal and
interest, same, s. 66. - 130
. Proceedings to authorize plaintiff to prove his account by his own
book debts oath? 1756) ch. 4j s# 2. - - - 131
Copy from book good evidence, same, s. 3. - - 131
Plaintiff may require original book to be produced, same. 131
Deft, may con test plain tiff's evidence by legal proof, same, s. 4. 131
When book of testator or intestate may be given as evidence, same 131
No action after five years from delivery of goods, same, s. 5. 132
Plaintiff not to prove over $75, same, s. 6, - - 132
books. To be sold without paying tax, 1805, ch. 105, s. 1. - 132
Record books of clerks and registers to be paid for by trustee,
1825, ch. 56. s. 5. - .... 132
boundaries In suits where bounds of land are in dispute court may appoint two
or land. surveyors to run it out, 1786, ch. 13, s. 1. - 134
Compensation of surveyors, same, - - 134
Twelve jurors to attend surveyors and be the jury on the trial,
same, s. 2. - - - - 134
If any fail to attend how supplied, same. - - 134
Compensation to jurors, same, - - - 134
One surveyor and fewer jurors may attend, if so agreed, same, 134
County court may appoint commissioners to take depositions to
- perpetuate the boundaries of land, 1799, ch. 51, s. 1. 135
Commissioners may mark trees, same. - - 135
Not to affect title.of others, same, - 135
Depositions not to be read if witnesses can be had in court, same, 135
Thirty days notice of the time and place of meeting, same, s. 2, 135
Or twice published in newspaper, same, - - 135
Clerk to issue subpsena for witnesses, same, s. 3, - 136
Fees of clerk, commissioners and witnesses, same, s. 4, 136
To be paid by applicant for commissioners, same, - 136
County court to appoint where bridges shall be, 1804 ch. 1, s. 1, 629
bridges. jjow bridges are to be erected and paid for, 1804, ch. 1, s. 5, 136
xiv
index to the statutes.
Contract to be binding on court, same, s. 6, - 130
County court may cause toll bridge to be built, same, w 7, 136
To fix the foil which may be granted to builder, same, 137
Commissioners appointed to receive propositions Tor Lnilding,
1835, ch. 29, s. 3, - - - 137
Court to accept best propositions, same, - 137
Commissioners to report on work, same, - - 137
Not to interrupt navigation, same, s. 4, - - 137
Petitioner to own land on both sides or have written consent of
owner, same, s. 5, - - - 137
Mode of applying for privilege, same, s. 6, - . 137
Notice to be set at court house door, same, s. 7, - 138
Not allowed within one mile of another, same, s. 8, 138
Old grant for bridges confirmed, same, s. 9, 138
No obstruction allowed on road leading to, same, s. 10, 138
Where stream is county line to apply to either county, 1835,
ch. 52, s. 1, - - - - 138
No second application, same, s. 2, - - 139
Written consent of owner required, same, s. 3, - 139
Court to regulate toll, same, s. 4, - - 139
Privilege of toll bridge to be granted by county court, 1835, ch.
29, s.l, - - - - 203
Vacancy in commissioners filed by court, same, s. 12, 204
brokers. License to issue for $75, 1823, ch. 58, s. 1, - 139
Penaly for acting without license, same, s. 2, - 139
Who considered brokers, same, ... 140
Statutes against deemed remedial, 1827, ch. 85, s. 5, 140
camp
ground.
Penalty for throwing down fence around, 1833, ch. 90, s. 2,
140
When defendant is taken on ca. sa. he may give bond for his ap-
pearance, 1824, ch. r17, s. 1, - - 394
On failure to appear court to enter judgment, same, s. 3, 394
Same proceedings when execution from justice, same, s. 5, 394
Bonds on ca. sa. payable to plaintiff, 1825, ch. 57, s. 1, 394
caveats. To be filed in circuit court, 1835, ch. 5, s. 8,
Injunctions not to be dissolved, 1801, ch. 5, s. 47,
211
206
certiorari When cause brought up at certiorari is dismissed, judgment a-
and super- gainst principal and securities &c., 1817, ch. 119, s. 2. 94
sedeas. Proceeding to obtain before two justices, 1801, ch. 7, s.4. 141
Clerk to take bond and security in double the judgment, 1807,
ch. 81, s. 1. - - *- 141
Condition of bond, same, - - - 141
When judgment instanter to be entered against principal and se-
curities, same, s. 2. - - - 142
Judgment affirmed on certiorari to be entered against principal
and securities for 12& per cent, 1827, ch. 13, s. 1. 142
For so much is shewn to be erroneous, 1827. ch. 26, s. 1. 142
Execution for the balance, same, - - 142
Justices to send up copies and keep original papers, same,s. 2. 142
index to the statutes
xv
One or more defendants may obtain, same, s. 3. - 142
Execution may issue against others not praying for writs, same, 142
To shew the error in the judgment, 1829, cfo. 16, s. 1. 143
Execution may issue for balance, same, - • " 143
Returnable to circuit court, same, s. 2. - - 143
Original plaintiff may be ruled to security, same, s. 3. 143
Affidavit for certiorari may be made before justice, 1833, ch. 65,
s. 1. - - - - - 143
Two justices may grant, same, s. 2, - - 143
Equity cases removed by certiorari from circuit to chancery
court, 1835, ch. 5, s. 12, - - 211
One supreme judge may grant supersedeas, 1835, ch. 3, s. 15, 237
Proceedings in forcible entry &c. may be taken up by certiorari,
1821, ch. 14, s. 18, 346
To appoint clerk in vacation in case of vacancy, 1823, ch. 14, s. 2, 150
chairman whdn elected, his term of office and duties, 1835, ch. 6. s. 4, 199
of couty When his duty to hold elections, 1835, ch. 2, s. 1, - 275
court.
Attorney General to have four challenges in felonies, 1821, ch.
challen- 24," s. 1. - - - 423
GES« Either party may challenge two jurors, 1805, ch.60, s. 1, %422
In hermicide defendant to have 35 challenges, in other felonies
24,1829, ch. 23, s. 75. - 424
In misdemeanors both parties may challenge five, 1829, ch. 55,
s. 1, - - - 424
Sale of pretended right to land void, 1821, ch. 66, s. 1, 143
champerty. for such land dismissed, same, - - 144
Not to prevent bonajide sales of land not adversely held, same, 144
No contingent or incidental fee to be taken by an attorney, same
s. 2. - - - - 144
Suit dismissed and attorney stricken from roll, same, 144
Bill of discovery may be filed, same, - - 144
If there be champerty cause to be dismissed, same, - 145
Court may fix time for answering interogatories, same, s. 4, 145
Suits in name of Indian reservee dismissed if there is champerty,
1827, ch. 39, s. 1, - - - 145
The act of 1821, ch. 66, in force against reserves, same, s. 2. 145
change License for inssuance $1000,1817, ch. 60, s. 1, - 146^
bills. Penalty for issuing without license, same, s. 2, - 146
Person passing to be liable for the amount, same, s. 3, 146
Persons violating act of 1817, ch. 60, indictable, 1825, ch. 62, s. 1, 147
Not to issue letters of administration and testamentary without
clerks of bond and oath. 1715. ch. 48; s. 4. - - 71
county Not to-practice as attorney. 1817, ch. 51, s. 2, - 111
court. May practice as attorney in Circuit Court. 1817, ch. 94; s. 1. Ill
Penalty for failure to exhibit execution docket. 1833, ch. 43; s. 3. 114
To give bond in $5000 and take oath. 1794, ch. 1; s. 50. 147
Deputies to take oath and hold in case of Clerk's death, same;
s. 72. - - - - - - 147
xvi
INDEX TO THE STATUTES.
To put up a list of his fees and penalty for failure. 1706, eh. 7;
s.2. - - - * - - - 14N
Violation of this act misbehavior. name; «. 10. - 14H
Failure to perform duties a misdemetnor and indictable. 1H01,
ch. 17; s. 1. - - - - - 11H
Court may suspend and appoint pro tern, name; s.2. - 14H
If charge is not supported to be reinstated: otherwise dismissed.
same; - 148
Upon suspension all papers to be given up. same; s. 4. - 148
Penalty for not giving up papers, same. - - 14S
To keep offices in county town. 1805, ch. 1; s. 1. - 148
To give due attendance at office, same-, s.2. - - 140
How securities released. 1811, ch. 47; s. 1. - - 140
Securities not released from liability for act before discharge.
same. - _____ 140
To give other security when securities die, insolvent or remove.
1812, ch. 16; s. 1. - - - - 149
Office vacated in failure to give other security, same. - 149
No fee for annexing county seal to deed for land in same county.
1812, ci». 24; s. 1. - 149
Penalty for issuing license to wThitc man to marry negro, Ac.
1822, ch. 19; s. 4. - * - - 150
Chairman of County Court to appoint in cases of vacancy in
vacation. 1823, ch. 14; s. 2. - - - 150
To keep book and record all appropriations. 1827, ch. 49; s. 16. 150
To make out abstract of County revenue and post up. same;
s. 27. 150
To preserve journals of Congress—1831, ch. 6; s. 1. - 151
To take receipt when loaned out. same; s.2. - - 151
Allowance for ex officio services. 1831, ch. 9; s. 2, - 151
To give to court names of orphans whose guardians have bad
securities. 1831, ch. 29; s.2. - 151
To reside in county where he is clerk, 1832, ch. 7; s. 2. 151
Services rendered for pensioners without fee. 1833, ch. 22; s. 2. 152
Misdemeanor to fail to furnish taxlistin time. 1833, ch. 86; s. 1. 152
To distribute Comptroller's forms. 1835,oh. 12; s. 17. - 152
To make out plats of towns for Revenue Commissioners. 1835,
ch. 15; s. 9. - - - - - 152
To record commissioners' returns in alphabetical order.same; s.14.152
To deliver list in 30 days to sheriff, same; - - 153
To make out list of commissioners' returns/or each district and
send to comptroller, same; s. 15. - - 153
To furnish commissioners with list of preceding year, same;
s. 17. - - - - - " - 153
Compensation for making out list, same; s. 18. - 153
To make out statement of taxes by them collected. 1835, ch. 55;
s. 3. - 154
To be governed by existing laws, same; s. 4. 154
On or before 1st. Oct. to pay over moneys, same; s. 5. - 154
To be dismissed for failure of duty, same; s. 6. - 154
Attorney General to call on for receipts at first court after Oct.
same; ______ 154
To deliver to successors reports of Supreme Court Decisions.
1835, ch. 76; s. 4. - - - - 154
XNDEX TO THE STATUTES.
xvii
To record list of jurors and certificate and give certificates. 1827,
ch. 49; s. 18. - - 158
When he may adjourn court from day to day.821, ch. 58; s. 3. 197
May issue process on judgments heretofore rendered. 1835, ch. 6;
s. 9. - - - - - 200
To make out copy of each district, &c. 1835, ch. 1; s. 9. 256
To record proceedings on emancipation, &c. 1801, ch. 27; s. 3. 278
To issue execution for balance on justice's papers. 1811, ch. 87;
s. 1. - - - - - 295
To issue marriage license. 1778, ch. 7; s. 3. - - 450
To take bond in $1250—his fee 50 cts. same; - 450
Penalty on clerk for issuing license otherwise, same; s. 5. - 451
Fee for services in cases of altering names. 1805, ch. 2; s. 3. 499
Fee for copy of rates of fare. 1779, ch. 80; s. 3. - 507
Fee for ordinary license 50 cts. 1831 ch. 80, s. 3. - 510
How commissioners to settle with, for money received on ordi-
nary license, 1835, ch. 25, s. 4, - 511
Their duty in taking probates of deeds &c. 1831, ch. 90, s. 2, 591
Penalty for failure or neglect of duty, same, s. 4, - 592
Fees for services in taking probates of deeds &,c. same, s. 14, 594
Duty in taking probate of deed by feme covert, 1833, ch. 92, s.
1,2, - - - - 594
When to issue subpoenas for witnesses to deeds, same, s. 8, - 596
Duty in recording probates of deeds &,c. in a book, same, s. 15, 597
Allowance to for books, same, s. 16. - - - 597
Clerks duty in taking probates and acknowledgements of plats
and certificates, 1835, ch. 53, s. 1, 2, & 3, - 598
Deeds &.c. to be proven or acknowledged only before County
Court Clerk, same, s. 6, - - - 598
To record proceedings, same, s. 7. - - 599
To grant licence to merchants &c. 1835, ch. 13, s. 6, - 605
clerk op To take bond and security of husband to prosecute suit of his
circuit wife, 1819, ch. 16, s. 2, - - - 66
court. His duty on receiving transcript in appeals or writs of error,
1794, ch. 1, s. 69, - - 91
Misdemeanor to practice as Attorney, 1827, ch. 63, s. 1, 112
Penalty for not exhibiting execution docket, 1833, ch. 43, s. 3, 114
To give bond for paying over taxes on suits, 1786, ch. 14, s. 13, 155
To give bond in $10,000 for safe keeping of records, &c. 1794,
ch. 1, s. 2, - - - 155
Oath and form of oath, same, s. 3, - - - 155
Swearing falsely disqualified, same, - - 155
To mark on process the day of issuance, same, s. 9, - 155
To enter proceedings in a book, same s. 26, - 155
Clerk dying deputy to act same, s. 72, - - 155
To put up list of fees, 1796, ch. 7, s. 2, - - 148
To issue execution for fees, with bill of costs in words, same, s. 9,156
To give bond in $1000 for accounting for fines &c. 1796, ch.
15, s. 4, - - - 156
Bonds to be deposi'ed with county trustee, same, - 156
Clerk fiiling to pay $500 same, - - 156
To keep office in the county and give attendance, 1805, ch, l,s.
1, and 2, - - 148
C
INDEX TO THE STATUTES.
To pay over money collected, to plaintiff or attorney, 1807, ch
66, s. 9, - - 156
On failure court to give judgment on motion, sanu, - 150
His duty ob issuing certiorari and supersedeas, 1807, eh. HI, s. 1, 141
How securities may be released, 1811, ch. 47, s. 1, - 141)
Securities may require other securily, 1812, ch. 16, s. 1, 149
Not to practice as attorneys, 1817, ch. 50, s. 2, 111
When to issue process on Sabbath, 1821, eh. 1, h. 1, 547
May move against Sheriff for his fees, 1824, ch. 16, s. 1, - 157
To give three days notice, same, - - 157
Need not move separately in each case, same - - 157
Witness may move against Clerk for his costs, same, s. 2, 157
To give three days notice, same, - - 157
Not to become security for costs, 1826, ch. 14, s. 1, - 15H
May grant commissions to take depositions, 1826, ch. 24, s. 1. 158
To make out list of jury, and certify attendance, 1827, ch. 49,
s. 18, - - - 158
To deliver list to county Court Clerk, same, - - 158
Not to practice as attorneys, 1827, ch. 63, s. 1, - 112
May move against his deputy, 1829, ch. 4. s.2, 670
To enter up judgments in 40 days after term, 1831, ch. 8, s. 1, 158
To make entry of issuance and return of executions, same, s.2, 158
Penalty for failure to perform duties of this act, same, s. 3, 159
To issue executions whenever demanded, 1832, ch. 3, s. 1, - 159
Penalty for failure to issue execution, same, s. 2, - 159
To reside in county where their office is, 1832, ch. 7, s. 2, - 151
When more than one in an indictment clerk to include all in
capias, 1832, ch. 8, s. 1, - - - 159
Entitled to fee but for one process, same, - - 159
Deputies to issue commissions to take depositions, 1833, ch. 30,
s. 1, - - - 160
Motion against for refusing to exhibit execution docket, 1833,
ch. 43, s. 3, - - - 114
Election of provided for, 1835, ch. 2, s. 4, - 275
To give bonds to be approved by Judge, 1835, ch. 5, s. 13, 160
To take oath same, - - - 160
To have no fees until bond is given and oath taken, same, 160
Judge may remove for malfeasance and appoint pro. tern, same,
s. 15. - - - 160
Judge to fill vacancy, same, s. 16. - - 160
To give the same bonds, &c. same, - - 160
To deliver up papers to successors, same, s. 18, - 161
May be qualified by Judge or chancellor, 1835, ch. 18 s. 15, 438
To pay over fees in cases transferred to Circuit Court, 1835, ch.
19, s. 5, - - - 161
Penalty for not paying over fees, same, - - 161
To make statement of tax collected, 1835, ch. 55, s. 3, 161
May adjourn court, enter forfeitures &,c. when Judge does not at-
tend, 1817, ch 131, s. 2, - - - 205
To attend special term of Circuit Court 1S27, ch. 79, s. 5, 206
To adjourn Court, take forfeitures &c. when Judge does not
attend, 1835, ch. 5, s. 5, - - 210
Duty in cases of commutation of punishment, 1831, ch. 85, s. 3, 242
To record at length papers from Justice relative to land levied
index to the statutes#
on and condemned by Court, 1835, ch. 17, s. 11, - 433
Fee for services in cases of altering names, 1805 ch. 2, s. 3, 499
To enter names of parlies, residence &c. on issuing process,
1787, cb. 19, s. 2, - - - 546
To countersign merchant and other license, 1835, ch. 13, s. 11, 607
clerks op To give bond for payment of tax on suits, 1788, ch. 14, s. 13, 155
chancery When complainant states his debt on oath, clerk may require
courts. bail, 1789, ch. 57, s. 6, - - - 162
May administer oath to witnesses and others, same, - 152
To give security and take oath, 1797, ch. 22, s. 3, - 182
To keep fair record and enrol decrees, same, - 182
To mark on process the day of its issuance, 1794, ch. 1, s. 9, 545
Clerk dying deputy to act, 1794, ch. 1 s. 72, - 147
May be removed or suspended for non performance of duties,
1891, ch. 17, s. 1,2,4, - - - 148
To keep offices in county town and give attendance, 1805, ch.
1, a. 1,2, - - - - 148
J udgment by motion for failux*e to pay over money,1807, ch. 66, s. 8,156
How securities may be released, 1811, ch. 47, s. 1, - 149
Securities may require counter-security, 1812, ch. 18, s. 1, 149
Not to practice as attorneys, 1817, ch. 50, s. 2, - 111
Miy move against Sheriff for their fees, 1824, ch. 16, s. 1, 2, 157
Not to be security to suits, 1825, ch. 14, s. 1, - 158
How judgments to be entered &c., 1831, ch. 8, s. 1, 2, 3, 158
To adjo trn court in absence of chancellor, 1831, ch. 50, s. 1, 163
To issue execution when required, 1832, ch. 3, s. 1, 2, 159
To reside in county where court is held, 1832, ch. 7, s. 2. - 151
Deputy clerks may issue commissions for depositions, 1833, ch.
30, s. 1, - - - - 160
Chancellors to appoint clerks, 1835, ch. 4, s. 6, - 163
To take oath and give security, same, - 183
Present clerks to hold until successors appointed, 1835, ch. 20, s. 6,163
Appointed at first term, same, s. 7, - - - 163
Who to appoint several clerks, same, s, 9, - 163
Exempt from militia duty, 1835, ch. 21, s, 1, - - 458
To make statement of tax received, 1835, ch. 55, s. 3,4, 5, 6, 154
To record proceedings &c. 1801, ch. 6, s. 44, - 218
To file and preserve papers, same, s. 46, - - 220
To keep mem xrandum book of subpoenas &c., same, - 220
To swear plaintiff to bill, 1828, ch. 19, s. 1, - 221
rnn?K m? His duty on receiving transcript on appeals and writs of error,
supreme 1794' Ch- S- 69, - - - 91
Misdemeanor to practice as attorney, 1827, ch. 63, s. 1, 112
court. To give bond for tax on suits, 1788, ch. 14, s. 13, - 155
Judges to appoint, 1809, ch. 49, s. 23, - - 164
How securities may be released, 1811, ch. 47, s. 1, - 149
Securities may require counter security, 1812, ch. 16, s. 1, - 149
Not to practice as attorneys, 1817, ch. 51, s. 2, - 111
Judges to fill vacancy, 1823, ch. 14, s. 1, - 164
To give br>nd and security as other clerks, same, - 164
May have judgment by motion against sheriff for fees, 1824,
ch. 16, s. 1,2, * * *157
xx
index to the statutes.
Not to be security for costs of suits, 1826, ch. 14, s. 1, - 158
Manner ot entering judgment, executions, and pi nalty for fail-
ure, 1831, ch. 8, s. 1,2,3, - - l.r>H
To file all records, 1831. eh. 14, s. 1, - 165
To issue execution when demanded, 1832, ch. 3, s. 1, 2, - 159
To record proceedings when judgments are athmied, 1832, ch.
6, s. 2, - - - 165
To reside in county where courts are held 1832, ch. 7, a. 2, 151
Judges to appoint at first term, 1835, tlh. 3, s. 12, - 1(55
Records of present Courts to be then delivered up, same - 165
To take oath and give bond,- same, s. 13, - - 166
Judges to fill vacancies, same, - - 160
Power of Clerks in issuing process on judgments &c.nf former
courts, same, s. 14. - - 106
Exempt from militia duty, 1835, ch. 21, s. 1, - - 458
To make statement &c of taxes received, 1835, ch. 55, s. 3, 4,
5,6, - - - 154
To preserve opinions of judges, give copies &c. 1823,ch.54,s.5, 233
To certify reasons of reversal to Court below, 1829, ch. 60, s. 1, 234
colleges. Grade of students to be assigned, 1817, ch. 32, s. 2, - 167
Students not to be hindered from advancing according to their
qualifications, same, s. 3. - - 167
Authorized to confer degrees, same, s. 4, - 167
Ten dollars for each free black removed to Liberia appropriated
coloniza- 1833, ch. 64, s. 1, - - - 167
tion- Amount not to exceed $500 a year, same, - - 167
Receipt of treasurer of society good voucher, same, s. 2, 167
common
schools.
Board of Commissioners established, 1835, ch. 23, s. 1, - 16S
Vested with corporate powers, same, - - 168
Superintendent to hold office two years and have a salary of
$1500, same, s. 2,
To enter into bond and take oath, same, -
To make annual report to the Legislature, same, s. 3,
Notes, &c. to be delivered to superintendent, same, s. 4,
County commissioners may retain any internal improvement fund
or individual donation, same, -
Funds retained to be appropriated as formerly, same,. -
Treasurer of E. Tennessee to deliver all papers relative to sale
of Hiwassee lands, same s. 5, -
Superintendent to make settlement with said treasurer and re-
ceive money in his hands, same, - - 169
Escheated property to be delivered to superintendent, same, s.6,163
Agents to be appointed in counties, who shall give bond &c.
same, s. 7,
Compensation not to exceed $100 a year,
To make report to Superintendent, same, -
All property to be registered in books, and account opened with
each debtor, same, s. 8,
Superintendent to furnish county agents with list of all debtors,
same, s. 9,
Agents to renew notes every six months, calling in 10 per. cent.
168
168
168
168
169
169
169
169
169
169
169
170
index to the statutes.
xxi
at the time, and 25 per cent, afterwards, same, - 170
What claims to be forthwith collected, same, s. 10, - 170
Funds to be vested in Planters' B ink Stock, same, s. 11, - 170
Superintendent to give duplicate receipts for all money &c. paid
under this act, same, s. 12, - - 170
Real estate of bank of the State to be sold, same, $. 13, - 170
To report the condition of Academy and College funds, same,
s. II, - - - 170
Expenses of Superintendent to be paid, same, s. 15, - 171
Notes &e. to be made payable to Superintendent, same, s. 16, 171
Office to be kept in Nashville, same, s. 17, - 171
To take powers of attorneys to confess judgments same, s. 13> 171
common Moneys received from entries in Hiwassee and French Broad
school end Holston made school fund, 1826, ch. 39, s. 1, -171
funds. Funds how raised and appropriated, 1827, ch. 66, s. 1, 171
Further appropriations, same, s. 2, - - - 172
Penalty against banking appropriated, 1827, ch. ^5, s. 1, 121
Tax ou banking company not chartered, same, - - 172
Lands to be bid off by Sheriff for schools, 1829, ch. 54, s. 1, 172
No fees allowecf officers, if land not redeemed, same, s. 2, - 173
Internal improvement fund of Humphreys and Perry, 1831, ch.
16, s. 14, - - - - 173
Internal improvement fund of Wilson and Smith, 1831 ch. 43,
s.7,8, - - - 173
Internal improvement fund of Maury 1831, ch. 45, s. 9, 173
Internal improvement fund of Davidson, Retherford and Bedford
vested in Turnpike for benefit of schools, 1831, ch, 46, s. 4, 173
How Sheriffs to pay over moneys arising from redemption of
lands 1831, ch. 99, s.l, - - - 173
Stock of State in old State Bank, 1831, - - 173
Profits on State stock in Union "Bank, 1832, ch. 2, s. 7, - 174
Commissioners of schools allowed to take stock same s. 9. 174
Bonus paid by Union Bank, same, s. 11, - - 174
Internal improvement fund of Jackson, 1832, ch. 16, s. 2, 174
Internal improvement fund of Stewart, 1832, ch. 17, s. 3. - 174
Bonus of Planters' Bonk, 1S33, ch. 34, s. 9, 20, - 174
Bonus of Farmers' and Merchants' bank, 1833, ch. 54, s. 15, 174
Commissioners of schools in Western District may take stock,
same, s. 16, - - - 174
Penalty for poisining fish, 1833, ch. 74, s. 2, - 174
Bonus of Insurance Companies, 1835, ch. 10, s. 21, - 175
Tax on retailers of liquors, 1835, ch. 25, s. 1, <- - 175
compromise Suit compromised before return term to be dismissed, 1829, ch.
33, s.l, - - - 175
How appeal from Justice compromised, same, s. 5, - 175
comptrol- ^ elected by General Assembly, give „bond and take oath,
LER " 1835, ch. 12, s. 1, - - - 175
To keep office at seat of government, same, s. 2, - 176
To keep a seal,sawie, s. 3, ... 176
To examine all claims and draw warrant on Treasurer, same, s. 4, 176
Warrants to be received at nominal value by revenue collectors,
s. 5, - - - - 176
XX fl INDEX TO THE STATUTES.
Officer speculating in warrants indictable, name, • 176
To enter in book number, date, amount Ac., of warrant issu<d
same, s. 6, - - - - 176
To keep record of all accounts &,c., same, s. 7, - 176
To keep account with Treasurer, tec., same, s. 8, - 176
To keep account wTith collectors, same, s. 9, - 177
To make annual statement of the finances and publish it, or lay
it before Legislature, same, s. 10, - - 177
To submit his books to General Assembly,same, s. 11, 177
To present receipts of bank cashier to treasurer to be counter-
signed, same s. 12, ... 177
To give certified copies of documents which shall be evidence,
same, s. 13, - - - 177
Persons applying for copy to pay 12i cents for each hundred
words, same, s. 14, - 177
To transmit books to county court clerks, same, 15, - 177
His duty in sending forms to county court clerks, same, s. 16, 177
To examine list returned by clerk and state objections, same,
s. 18, -
To correct errors in calculation in list, same, s. 19,
How to proceed against delinquents, same, s. 20,
In case of vacancy governor to appoint pro tern, same, s. 22,
Term of office two years, same, s. 23,
When to attend at Knoxville and Jackson, same, s. 24,
constables Form of oath to be taken by, 1741, ch. 5, s. 2
The same powers as constables in England, same, s. 3,
One justice may administer oath, same, s. 6.
Fined for not serving process, same, s. 8,
In absence of constable precept may be directed to any person,
same, s. 9, - - - - 179
May levy attachments, 1799, ch. 25, - - 105
When to levy execution on lands, L7S6,ch. 14, s. 10. 291
Proceedings against on failure to pay over money on execution
in 30 days &c. 1S01, ch. 7, s. 5, - - 180
Attending court sworn in chief, 1803, ch. 9, s. 4, - 180
Liable to indictment for bidding at own sale, 8105, ch. 31, s. 1, 180
Liable to indictment for stirring 140 law suit, 1805, ch. 66, s. 3, 180
Sale by tobe between 10 o'clock and sun dowTn, 1809,ch. 99, s. 1, 181
Siles otherwise made void, same, s. 2, - - 181
When to perform duties of sheriff, 1807, ch. 104, s. 13, 181
To arrest vagrant gamblers, 1811, ch. 112, s. 1, - 358
Liable to indictment and removal for purchasing at own sales,
1813, ch. 103, s. 1. - - 181
Compensation for attendance on court, 1815, ch. 93, s. 1, 182
Same compensation to other constable acting in his place, same
s. 2. - - - - 182
Liable to judgment by motion for failure to pay over surplus on
execution, 1817, ch. 54, s. 1, - - 182
Demand must first be made and notice given, same, 182
Judgment by motion en failure to pay over noney collected in
any way, same, s.2, ... 1S2
Convicted of gaming disqualified for five years, 1817,ch. 61, s. 1, 358
178
178
178
178
178
178
179
179
179
179
index to the statutes.
xxlll
Judgment by motion before Justice for not paying over money
collected, 1823, ch. 21, s. 1,
To give five days notice, same, - -
To produce a certified copy of bond to make securities liable,
same ^ -
May appeal to circuit court, same, s. 2.
To receive money before stay is out without commissions,
1823, ch. 40, ^ 2,
When so received to be paid over to plaintiff, same,
To give bond in $1000, 1824, ch. 10, s. 1,
To arrest person suspected of carrying arms, 1825, ch. 19, s. 1,
May have judgment by mjtion on indemnity bend, 1825, ch. 40,
s.i,
Not compelled to levy on disputed property without indemnity,
same, s. 2.
Four per Cent, commissions allowed, 1827, ch. 35, s. 1,
Levying execution op lanl to return it to justice, 1829, ch. 12,
s. 1, - • "
Manner of advertising execution sales, 1829, ch. 90, s. 1,
Prohibited from opening ickets at elections, 1831, ch. 98, s. 1,
May apply for warrant by producing claim, 1833, ch. 7, s. 1,
When he may levy on staiding crop, 1833, ch. 20, s. 1,
Town constable to hold ebctions, 1833, ch. 56, s. 1,
To execute subpoenas on vitnesses to deeds, 1833, ch. 92, s. 11
and 12,
Districts for election of kid off, 1835, ch. 1, s. 1,
Number to each district, same, s. 3,
To hold elections foi connany officers, 1335, ch. 1, s. 3,
Time of elections fo , 183>, ch. 1, s, 10,
Motion against for Jot re.urning execution in thirty days, 1835,
ch. 17, s. 4, -
What good excuse irr no; returning execution, same,
To prosecute all re ailen without license in his district, 1811,
ch. 113, s. 3,
To be removed for fciilurc to prosecute, same, s. 4,
To serve subpoenasfor wtnesses to deeds, 1833, ch. 92, s. 11,
Securities of how rdeasel, 1829, ch. 15, s. 1,
To execute subpeem on vitnesses to appear before arbitrators,
1806, ch. 46, 1 ard 2,
May levy attachmeits; 1799, ch. 25, s. 1,
Duty on forfeited
elivery bonds; 1831, ch. 25, s. 2,
constitu- Of the United Stai s
TIons. Of the State of Tein
contempts. P°weir of courts in 3
Sherriff to take ba
Attachment the or
6, s. 9,
j
essee,
182
183
183
163
183
183
163
100
183
184
184
298
298
494
184
299
184
596
254
254
458
274
299
299
5C9
509
5 6
656
99
105
129
5
45
efined, 1831, ch. 19, s. 1, - 185
as in other cases, same, s. 2, - 185
y process ofcontemptin chancery, 1801, ch.
218
contixu- When party may live continuance, 1779, ch.4, s. 5, 185
ance. Ma,y Le ordered tc ray costs, same, - - 185
xxiv
index to the fetltutlb.
Continuance only granted by consent or on ntti J jlv it, 17114, ch. 1,
s. 62, - - isr>
When granted on payment of costs, judgment to be entered up,
1821), ch. 33, s. 4, - - INti
In criminal cases for excitement or prejudice, 1827, ch. 30, s. 2. 701
coroners. When no sheriff coroner to perform the same duties, 1770, ch.
5, s. 2, - - - - 186
Liabilities the same as sheriff, same, - - 186
To give bond and security in jf$500, 1785, ch. 3, s. 6, 186
Bond may be assigned anijl sued orl, same, - - 186
Fee for summoning a jurV of iaquesl, 1800, ch. 62, s. 1, 187
Person dying by acciden] or ' iolenee not to be buried without
notice to coroner or justice, 1825, ch. 36, s. 1, 187
Every person so offendi4g liable to pay $50, same, - 187
Penalty on juror not attdndingjin^uest, same, s. 2. - 187
In death by accident justice may summon jury, same, s. 4, 187
In death by violence notice to coroners, same, - 187
May hold election of Justice, 3&35,ch. 1, s. 10,11 anil 12, 274
When to be elected, 1817, ch.p.8, s. 8, - - 187
When to hold popular election^, 1835, ch. 2, s. 1, - 275
costs in Person for whose use suit on dlministrator's bond is brought lia-
civil, cases. ble for costs, 1822, ch. Kj, s. 4, - - 80
Administrator, &c., not liablefor costs, when "fully administer-
ed" found for them, 182^ch. 38, s. 3, - - 82
Bills in equity may 'be amejided before copy without costs,
1801, ch. 6, s. 8, | - - - 88
Clerk not to be security for ctets, 1826, ch. 14, s. 1, - 158
On continuance may be ruled to pa; costs, 1770, ch. 4, s, 5, 185
When costs to be paid on coninuaice, judgment to be entered
l829,ch. 33. s. 4, - - - 1KB
In slander when not to exceed lamtges, 1715, ch. 27, s. 8, 186
Party past not to pay for mor thai two witnesses to one fact,
1783, ch. 11, s. 4, - - 711
Process not to isssue without s;curiy for costs, 1787, ch. 19, s. 1, 546
Plaintiff to recover full costs Whel plea in abatement is over-
ruled, 1794, ch. 1, s. 26, I - - 188
Costs to follow event of the suJt, sane, s. 74, - 188
Bill of costs to be annexed to eiecuions, 1796, ch. 7, s. 9, 156
Law of costs not interpreted aspend laws, lb01,ch. 6, s. 65, 189
When fines against jurors renfittei how costs paid, 1809, ch.
107. s. 1, - - 422
In actions for drowning land b\ dars costs not to exceed dama-
ges, 1811, ch. 91, s. 1, - - 189
Judgment to be rendered foras mud costs as damages, sarne,±. 2, 1^9
In appeal from Justice plaintiff uw be ruled to security for
costs, 1813, ch. 131, s. 2, - 189
How collected when one party die, and the other administers,
1817, ch. 199, s.8, - 189
Clerk or sheriff may be moved aainst for costs, 1824, ch.
16, s. 2, - - - 159
Per. on for whose use suit is brougt, liable for costs, 1825, ch.
29, s. 1, - - 189
tNOEX TO THE STATUTES#
XXV
In suits or guardian bonds person for whose use it is, liable for
costs, 1825, ch. 45, s. 5, -
Persons for whose use suits are brought on bonds payable to
governor, chairman, &c., liable for costs, 1826, ch. 27,s. 1,
Plaintiff may dismiss suit in vacation and stop costs, 1826, ch.
28, s. 1,
In motions against constables &c., plaintiff to give security for
costs, 1826, ch. 29, s. 1,
In what cases costs not to exceed damages, 1829, ch. 1, s. 1,
When cause is brought up or attempted to be brought and dis-
missed judgment to be given for costs, 1832, ch. 5, s. 2,
On argument of exceptions to answer how disposed of, 1801,
ch. 6, s. 18, -
Costs when plea or demurrer overruled, same, s. 28,
Female petitioner for divorce to pay no costs if successful,
1831, ch. 20, s. 1,
In divorces to be at discretion of court, 1835, ch. 26, s. 17, -
In applications for alimony discretionary, same, s. 21,
When judgment for costs against petitioner for dower, 1815, ch.
85, s. 3,
Tenant in ejectment liable for costs, 1801, ch. 11, s. 3,
In forcible entry and detainer security for costs to be given,
1822, ch.35, s. 1, - -
When pauper suit decided against him judgment for costs but
no ca. sa., 1829, ch. 88, s. 1.
Costs upon release of securities of ranger, constable, guardian,
&c., how to be paid, 1829, ch. 15, s. 3,
State witnesses to have same pay as in civil cases, 1794, ch
v"oI S 1^ i ffG
CimilNAL s" "
If prosecution be frivolous prosecutor may be taxed with
cases. costs, same, - -
In all indictments if prosecution is frivolous prosecutor may
be taxed with costs, 1807, ch. 24, s. 1.
If defendant is acquitted to pay no costs, same, s. 2,
Person imprisoned for fine and costs may take benefit of insol-
vent debtor's law, 1812, ch. 25, s. 4, -
Judgment against defendant for costs when convicted, 1813,
ch. 133, s. 2,
If defendant is insolvent clerk to issue certificates, same, -
Defendant acquitted judgmenfor costs to be paid by county or
state, same, s. 3,
If prosecution was malicious, prosecutor taxed with costs, same,
When nolle prosequi is entered judgment for costs, same, s. 4,
When defendant discharged before bill found, judgment for costs,
same, s. 5,
If defendant is discharged on examination justices may tax
prosecutor with costs, 1817, ch. 100, s. 1,
Supreme judge to certify costs as heretofore by circuit judge,
1826, ch. 6, s. 1,
When costs to be paid by state, 1827, ch. 36, s. 1,
When to be paid by county, same, s. 2,
When county trustee to pay costs, same, s. 3,
Duty of treasurer as to payment of costs, same, s. 4.
D
190
190
193
190
190
191
217
219
256
281
262
264
286
347
534
657
191
191
191
191
392
192
192
192
192
192
192
193
193
193
193
193
193
index to the statutes.
Courts to have discretion in taxing costs, 1827, eh. 48, b. 1, 194
State or county not to pay costs unless ordered by court, same, 194
County not to pay costs under petit larceny, except jailor's, state
witnesses and sheriff, 1829, ch. 100,"s. 1, 194
Officers to have no fees unless ordered by court against prose-
cutor, same, s. 2, - - 194
Prosecutor in misdemeanor to have no pay, same, s. 3, 194
In felonies costs to be paid by state, 1831, ch. 80, s. 5, - 194
Costs paid by state charged to penitentiary, same, - 194
Jailor's fees how certified, 1832, ch. 0, s. 1, - - 194
Judge to make certificate on bills of cost, 1832, ch. 7,s. 1, 195
Treasurer not to require more than certified copy of judgment
and bill of costs, same, s. 5, - - 195
In felonies costs to be paid by state when nolle prosequi is
entered, 1832, ch. 8, s. 2, - - 195
Person bound to court on peace warrant to pay costs, 1835, ch.
59, s. 1, - - - - 195
Not liable if discharged, same, - - 195
Jailor's fees allowed from term to term where defendant is de-
ranged, 1835, ch. 90, s. 1, - - 195
Law extended to cases heretofore, same, - 196
Persons committed for costs entitled to insolvent laws, 1812,
ch. 25, s. 4, - ... 392
cotton Owners to inclose and penalty for failure, 1825,ch. 35, s. 3, l£6
gins.
counties Memorials for division of county to be accompanied by plat,
1796, ch. 13, s. 2, - - - % 196
county
To fill vacancy in trustees of Academies, 1817, ch. 137, s. 1, 68
To appoint commissioners to take depositions as to boundaries
court. of land, 1799, ch. 51, s. 1, - - - 135
May cause toll bridges to be built and fix toll, 1804, ch. 1, s. 7, 136
To appoint three commissioners to receive propositions to build
bridges and report thereon, 1835, ch. 29, s. 1, - 137*
Court to regulate toll, 1835, ch. 52, s. 4, - 139
To have court houses and jails keptin repair, 1741, ch. 18, s. 2, 197
One third or twelve justices maj do all business, 1817, ch. 48,
s. 6, - - - 197
Justices to elect coroner and ranger on 2nd day of term,
same, s. 8, - - - 197
Minutes how to be read and signed, same, s. 9, - 197
To appoint town commissioners, 1817, ch. 137, s. 2, - 197
Three at least to transact business, 1821, ch. 58, s. 2, 197
Justices not attending to be adjourned from day today, 1821,
ch. 58, s. 3, - - 197
For what purpose may appropriate money, 1827, ch. 49, s. 14, 198
What number required to appropriate money, same, s. 15, - 198
May lay tax to build or repair court houses or jails, 1829, ch.
99 s. 1, - - - 198
To hold term first Monday every month, 1835, ch. 6, s. 1, - 198
May continue from day to day till business is finished, same, 198
One third or twelve to do ail business, except assessing taxes
and making appropriations, same, s. 2, - 190
INDEX TO THE STATUTES.
Majority to vote in affirmative for taxes and appropriations, same, 199
T velve or one hu-d to appropriate $30, same, - 199
What business may be done by three, same, - 199
Jurisdiction same as heretofore except as to jury trials, qame, s. 3, 199
Juiy of view, of inquisitions of lunacy and idiocy may be sum-
moncd, same, - - 199
To elect chairman at first term, same, s. 4, - 199
His term of office and duties, same, - - 199
All suits to be transferred to circuit court, same, s. 5, - 199
In conflicts with other courts to sit in some other house (altered)
same, s. 7, - - - - 199
To appoint jurors for circuit court, same, s. 8? - 425
Clerk may issue process on judgments heretofore gendered,
same, s. 9, - - - 200
Ca. sa. bonds to be returned to circuit court, same, s. 11, 200
Writs of fi. fa., ca. sa. and sci. fa. to be returned in three months
same, s. 10, - - - 200
In sci. fa. transcript sent to circuit court clerk, same, s. 12, 200
Garnishee summoned on execuion from county court to appear
at circuit court, same, s. 13, - - 200
To levy county tax at second term each year, same, s. 14, 200
If not done then, to be done at next term, same, - 201
May appoint person to transcribe records, 1835, ch. 9, s. 1, 201
To take oath, same, - - - 201
Compensation for transcribing, same, s^2, - 201
Transcribed record to be evidence, same, s. 3, - 201
To elect chairman and his duties, 1835, ch. 18, s. 1, - 201
Constructions of sec^9 and 10, of act ff, this session, same, s. 4, 201
When ca. sa. and fi. fa. returned to circuit court to be certified to
county court for proceedings, same, s. 5, - 202
When to lay county tax for 1836, same, s. 6, - - 202
When act 6, of this session to take effect, same, s. 7, - 202
Jurisdiction defined, same, s. 8, - - - 202
To perform certain duties by 1st Monday of March, same, s. 8, 202
Writs issued before 1st of March, how and when returnable,
same, s. 10, - - - 202
Suits not to abate but may be heard in circuit court, same, s. 11, 202
Construction of sec. 7 of ch. 6, this session, same, s. 12, - 202
Proceedings good if held in other than court house, same-, s. 13, 203
Who may qualify justices, same, s. 15, - - 203
Power given to grant privileges of bridges, causeways, &c.,
1835, ch.29, s. 1, - - - 203
No greater toll to be^ imposed on citizens of other counties or
states than their own, same, - - 203
May lay a tax for local improvements not to exceed" state tax,
same, s. 2, - - - - 203
To fill vacancies of commissioners in turnpike roads, toll
bridges, &c., same, s. 12, - - - 204
Verdict of jury on contested will to he certified to county court,
1835, ch. 5, s. 9, - 211
To issue letters"testamentary, &c., same, - - 211
To appoint inspectors of elections, 1796, ch. 9, s. 1, - 270
When vacancies hapsen in officers appointed by county court,
how to be filled, 1796, ch. 2, s.J, - - 271
xxviii
INDEX TO THE STATUTES.
CIRCUIT
COURT.
Chairman to setup notice of elections, same,*. 2, - 272
County court may establish ferries, 1821, eh. 0, s. 9, - 3.17
May appoint guardian, 17ti2, ch. 5, s. 5, - - 307
Liable if security is insufficient, same, - - 3(57
Power over guardian for mismanaging estate, same, s. 9, 3 J7
When to hold orphan's court, same, s. 15, - - 359
May inquire into abuses of guardians at any time, same, s. 15, 359
May appoint special guardian in cases of descent from collat-
eral, 1823, ch. 2,s. 1, - - 371
To have jury summoned to ascertain idiocj or lunacy, 1797,
ch. 41, s. 1, - - - 37S
May appoint inspectors, 1801, ch. 5, s. 1, - 397
May discharge and supply vacancy, same, s. 2, - 398
To appoint jurors to circuit court, 1835, ch. 6, s. 8, - 425
May sell sites of jails and buy others, 1835, ch. 34, s. 1, 414
May levy tax to build new jail, same, s. 2, - 414
May alter names of illegitimate children on application, 1805,
ch. 2, s. 1, - - - - 499
To be done by petition, same, sf 2, - - 499
To rate fare at taverns once a year, 1779, ch. 10, s. 8, 507
To provide for the poor, 1797, ch. 5, s. 1, - 531
May levy tax for their support, same, s. 2, - 531
Of Anderson may lay tax for building poor house, 1826, ch.56, s. 1,53(5
Other county courts to have same benefits, same, s. 7, 537
Several county courts may lay tax to build poor houses, 1827,
ch. 112, s.2, - - - 537
To appoint treasurer and two commissioners of poor house,
1831, ch. 89, s. 1, - - 538
Appeal from county court to circuit court in cases where right
to execute wills and administration is disputed, 1794, ch. 1,
s. 48. ... 76
To be tried at first term, same. - - • 76
No discontinuance on account of death or absence of judge,
1794, ch. 1, s. 8. - - - 204
Rules of practice in, same, s. 14, 18,26. - 539
Three years residence to make judge eligible, 1795, ch. 1, s. 2, 232
Failure of judge to attend not to prevent making up of pleadings,
1809, ch. 49, s. 3. - - - 205
Judge to take oath and its form, same, s. 7. - - 205
Penalty for acting without oath, same. - 205
Minutes to be read and signed every morning, same, s. 20. 205
Clerk may adjourn court, enter forfeitures, &c. when judge does
not attend, 1817, ch. 131, s. 2. - - 205
Judge may take oath before justice, 1817, ch. 175, s. 7. 205
Judges to have same jurisdiction in other circuits as in their
own, 1822, ch. 10, s. 1. - - 206
How to interchange ridings, 1826, ch. 2, s. 2. - 206
Provision for special courts, 1827, ch. 79, s. 4. - 206
Judge to make order for time of special court, same, s. 5. 206
Officers of court to attend, same. - - 206
To appoint three justices to select jurors for special term, same,
s. 6. ... 206
Deduction of salary for failure to hold court, 1831, ch. 47, s. 3 207
INDEX TO THE STATUTES*
Judges to certify to treasurer before obtaining salary, same, s. 4, 207
Grand Jury for special term, 1829, ch. 77, s. 1. 425
To be held three times a year, 1835, ch. 5, s. 1. - 207
Circuits laid off, same, s. 2. - - 207
One judge for each circuil, to reside in circuit, &c., same. 208
Time of hulding courts, same, s. 3. - - 208
To continue till business is despatched, same, s. 4. - 210
Clerk to adjourn court if judge do not attend, same, s. 5. 210
Clerk to enter forfeitures, take recognizances, fyc. same. 210
Judges to take oaths, same, s. 6. - - 210
Jurisdiction of circuit courts, same, s. 7. - 210
Caviats to be filed in, same, s. 8. - - 211
Issue of devisavit- vel non made up, same, s. 9. 211
Verdict to be certified to county court, same, - 211
Judgments by motion cognizable only in circuit court, same,
s. 10. - - - 211
Equity cases transferred by motion to chancery courts, same,
s. 11. - - 211
Circuit judge may dissolve injunction, &c. same. - 211
Equity cases may be removed by certiorari to chancery court,
same, s. 12. - - - 211
Present clerks to hold until successors elected, same, s. 14. 2il
When commissions of judges to expire, same, s. 17. * 212
Present laws to remain in force, same, s. 19. - - 212
Power and duty of judges as to business in former courts, same,
s. 20. ... 212
Equity causes may be removed to chancery court by certiorari,
or motion, 1835, ch. 19, s. 1. - - 212
Jurisdiction defined, same, s. 3. - - 212
Concurrent jurisdiction as to dower and divorce, same, s. 4. 213
Process to be tested of preceding term, same, s. 13. 213
Degree of relationship rendering incompetent, 1835, ch, 68, s. 1. 238
Judges to appoint receiver in vacation, 1833, ch. 47, s. 1. 224
Judges may grant attachments, ne exeats, injunctions, &c. 1835,
ch. 41, s. 9. - - - 228
May alter names of illegitimate children, 1805, ch. 2, s. 1, 499
To be done by petition, same, s. 2. - - 499
May alter name of any person, 1827, ch. 16, s. 1. - 499
Duty of court when convict is sent to penitentiary, 1829, ch. 38,
s. 1. - - 520
When to give written charges, 1335, ch. 8, s. 1. - 542
When commissions of present chancellors to expire, 1835, ch. 5,
s. 17. - - - - 212
Proceedings when the defendant resides out of the state or has
absconded, 1787, ch. 22, s. 1. - - 213
When publication to be made, same - - 213
When a non-resident defendant returns, same. - 214
When decree may be made final against such defendant, same. 214
Within what time rehearing may be had, same. - 215
When to be made final, same. - - 215
Nut applicable to non-residents, unless cause of action arose in
it, same. - - - 215
Execution may issue as at law, same, s. 2. - 215
Not to have jurisdiction under $50, 1801, ch. 6, s. 1, • 215
XXX
INDEX TO THB STATUTES
When debts contracted in other states, and debtor has propeitj
here, same, s. 2. - - - 215
What necessary to give court j risdioli >n, same. - 216
Power of court in carrying provisions into effect, same, s. 3. 216
Publication where contracts made in other Slates, same, s. 4. 216
What to be evidence of publication, same. - 216
No decree at term wfien taken pro confesso. same. - 216
Where non-residents may plead, answer or demur, same, s. 5. 212
Rules to be observed in chancery courts, same, s. 6. - 216
To tile bill, same, s. 7. - ... 216
May amend bill, same, s. 8- - - 216
Attachment the only paocess of contempt, same, s. 9. - 216
When process of contempt may issue, same, s. 10. - 216
Answers may be sworn to before judge or justice, same, s. 11. 216
When sworn to in another state, c erk to certify, same. - 216
Rules to be given monthly at office, same, s. 12. - 216
Defendant to plead, answer or demur, at first term, same, s. 13. 217
When publication to be made on non est inventus, same, s. 14. 217
When bill may be taken pro confesso, same, s. 15. - 217
After answer and no plea in abatement, no exception to jurisdic
tion allowed, same, s. 16, - - - 217
Proceedings when answer is excepted to, same, s. 17. - 217
Costs or exceptions how disposed of, same, s. 18. - 217
Proceedings when second answer is insufficient, same, s. 19. 217
If defendant refuse to answer after process of contempt executed,
bill may be taken pro confesso, same, s. 20. 21S
After attachment, no plea or demurrer, unless by leave of court,
same, s. 21. - - 218
Bail taken on service of attachment, same, s. 22. - 218
When attachment for contempt may issue, same, - 218
Rule as to filing replications, same, s. 24. - - 218
Special replication not allowed) same, s. 25. - - 218
Proceedings where the complainant may think plea, &c. bad,
same, s. 26. - - 218
Plea or demurrer overruled defendant to answer, same, s. 27. 219
When bill dismissed for want of prosecution, same, s. 29. 219
Costs when plea or demurrer overruled, same, s. 28. - 219
When depositiona,of witnesses to deeds, &c. may be taken, same,
s. 30, ... 219
Practice in cross bills, same, s. 38. - - 219
May regulate all proceedings in office, same, s. 41. - 219
Proceedings of each to be drawn up, 5s?ne, s. 42. - 219
Clerk and master to record proceedings, same, s. 44. - 219
What to be recorded, same, s. 45. - - 219
All papers to be filed and preserved, same, s. 46. - 220
Power cf court in making decrees as to real estate, same, s. 48. 220
Practice as to review regulated, same, s. 53. - 220
Depositions taken without attendance of witnesses in court, 1819,
ch. 31, s. 1. - 220
In appeals to Supreme Court original papers carried up, 1S22,
ch. 14, s. 3. - - - - 220
Five months for taking depositions, same, s. 5. - - 221
Where bill for title to be filed, 1825, ch. 22, s. 1. - 221
What courts have jurisdiction in injunctions, same, s. 2. - 221
Before whom bills may be sworn to, 1826, ch. 19, s. 1. 221
INDEX TO THE STATUTES.
XXX
Where bills for performan e of contracts relative to land to be
filed, 1827, ch. 42, s. 1. - - - 222
Administrator or Executor mav apply to for sale of real estate,
1831, ch. 22, s.l. - - - 84
Issues of fact how tried, 1831, ch. 54, s. 1. - 222
Mode of proof in trial of issues of fact, same, s. 2. - 222
When no property found, bill to discover stocks, &c. 1832, ch.
11,s.l. - 222
May compel discovery and prevent transfer, same, s. 2. 223
Judgment or execution not to bind equitable interest in land or
stocks, without registration of memorandum, same, s. 3. 223
To have jurisdiction when there can be no personal service, &c.
same, s 4. - - - 223
Publication when affidavit is made that defendants residence is
unknown, 1833, ch. 15, s. 1. - - 223
Bill taken pro confesso, or failure to appear, same, - 224
Chancellors may appoint receivers in vacation, 1833, ch. 47,
s. 1. - - 224
When land may be sold on credit without redemption, same,
s. 2, - - - - 224
Complainant may have publication at any time against non-resi-
dent, same, s. 3. - - - 224
Bill for title to land filed where land is, 1833, ch. 52, s. 1. 224
Defendants' death not to vacate decree, but heirs may defend in
five years, same. - 224
May allow appeal before account taken, 1835, ch. 3, s. 17. 237
Appointment of three chancellors provided for. 1835, ch. 41,
s. 1. - - - 225
To have same powers as former chancellors, same. - 225
State divided into thx-ee divisions, same, s. 2. - - 225
To take oath, and term of office, same. - - 225
To be chancellors for the state, interchange, &c. same, s. 3. 225
Chancery districts laid off, same, s. 4. - 225
To sit until business finished, &c. same. - - 227
Rules when to be revised by chancel 'ors, same, s. 5. - 227
Papers, &c. of present courts to be t ansferred, same, s. 7. 228
Causes depending in circuit courts to be there determined, same,
s. 8. - - - 228
Circuit judges may grant attachments, ne exeats, injunctions,
&c. same, s. 9, - - 228
Cases may bo transferred from one district to another, same,
s. 10. - - - 229
Chancellors to equalize their labors, same, s. 11. - 229
May appoint commissioners to take accounts, &c. same, s. 12. 229
All laws not inconsistent m force, same, s. 13. - 229
Salary of chancellors, 1835, ch. 7, s. 1. - - 639
In conflict chancery court to surrender court house, 1835, ch. 18y
s. 12. - 202
Proceedings good though not held in court house, same, s. 13. 203
To have exclusive jurisdiction of equity cases, &c. 1835, ch. 20,
s. 1. - - - 230
Of disabilities of chancellors, same, s. 2. - 230
Present clerks to continue to act, same, s. 3. - 230
Chancellors powers in vacation in making rules, same, s. 4, 230
When process returnable, same, 3. 5. - - 230
xxxii
index to the statutes.
Present clerks to hold offices until successors app )inted, same,
s. 6. - - - - 231
Of process and returns in present suits, same, s. 9. - 231
Chancellors of East and West divisions to h >ld court in Middle,
same, s. 8. « j , - 231
Citizens of Blount to file at Madisonville or Knoxville, same, s.
11. - - - 231
Johnson and Meigs attached, same, s. 10. - - 231
No process served without copy of the bill ready to deliver,
same, s. 14. - 231
Proceedings or bills of review, same, s. 15. - 231
In removing cases to Supreme Court, what deemed part of record,
same, s. 16. - - 232
Writ of error not allowed after 12 months, same, s. 16. 232
Jurisdiction against securities to bonds for performance ofcov-
enants, &.c. same, s. 17. - - 232
Executions returnable in six months, 1823, ch. 54, s. 4. 296
supreme No proceeding to be quashed for defect or omission, 1811, ch.
court. s' 14. - - - - 89
Three years residence to make judges eligible, 1796, ch. l,s. 2, 232
Penalty lor judges acting without oath, 1&09, ch. 49, s. 24, 232
Agreed cases adjourned to, 1809, ch. 126, s. 9, - 232
No judgment of circuit court reversed except on merits, s. 10 233
Judges may re-commit offenders, 1817, ch. 17 s. 3, - 233
May give judgment on bonds, taken in circuit courts and re-
moved there or taken in supreme court, 1817,ch. 199, s. 3, 233
May be adjourned from day to day in absence of Judges, same,
s. 4, - " - - - 233
To have no original j irisdiction, 1822, ch. 13, s. 4, - 233
Executions form returnable in six months, 1823, ch. 54, s. 4, 296
To deliver opinions in writing, 1823, ch. 54, s. 5, - 234
Executions returnable every six m >nth«, 1824, ch. 14 s. 3, 234
Claim presented to be examined by Attorney General, 1827, ch.
49, s. 17, - - - - 234
To file reasons for reversing judgments, 1829, ch. 6, s, 1, - 234
Clerks to certify reasons to court below, same, - 234
To give their opinion in writing, same, s. 2, - - 234
Governor to appoint competent lawyers as special Judges, 1829,
ch. 96, s. 5, - - - - 235
Supreme Court established with three Judges, 1835, ch. 3, s. 1, 235
Two to concur in decisions, same, - - 235
To have appellate jurisdiction, same, s. 2, - - 235
Residence of Judges to be designated, same, s. 3, - 235
To take oath, same, s. 4, - - - 235
Times and places of courts, same, s. 5, - - 235
To finish business &c. same, s. 6, - - - 235
To set on own adjoux-nments, same, - - 235
Jurisdiction of Courts at Nashville, Knoxville and Jackson, same,
s. 7, - - - 236
Divisions established, same, s. 8, - - - 236
Reports and process retui-nable to places designated, same, s. 9, 236
Appeals how returned, same, s. 10, - - 237
Defendants in state cases to attend at places designated, same,
INDEX TO THE STATUTES
xxxiii'
COURT
HOUSES.
CRIMINAL
PROCEED.
INGS
s. 11, - - - 237
One Judge may grant supersedeas, same, s. 15, - 237
Where demurrers, that were sustained below are overruled pro-
ceedings may be remanded, same, s. 16, - 237
Decree ordering account may be appealed from, same, s. 17, 237
Present laws to remain in force, same, s. 18, - . 238
May adopt rules of practice, same, s. 19, - - 238
Appeals, writs or error &c., may be taken during term, same, 238
Record filed and opposite party notified to be tried first term, same, 238
Salary of Judges, same, s. 20, 639
To class circuits, same, s. 21, - - 238
Degree of relationship rendering judges incompetent, 1835, ch.
68, s. 1, - - 238
Governor to appoint special judges in cases of incompetency,
same, - - - 239
Two competent Judges sufficient, same, - - 239
Compensation of special judges, same, s. 2, - 239
Judge unable to attend to certify the Governor, same, s. 3, 239
Power of special Judges, - - 239
County Court to have kept in repair, 1741, ch. 18, s. 2, - 197
Tax for building or repairing how laid, 1829, ch. 99, s. 1, 198
Proceedings on memorial to remove, 1796, ch. 13, s. 3, - 239
No person to be committed until examination by Justice, 1715,
ch. 16, s. 1,
Counsel allowed to all persons accused, 1794, ch. 1, s. 71,
Sheriff to take bail on capias on indictment, 1805, ch. 37, s.
Bail may deliver principal to Sheriff, 1809, ch. 49, s. 6.
Judge to set apart day for criminal cases, same, s. 18,
May hold special terms in certain cases, same,
426
240
1, 240
119
240
240
When Justice may tax prosecutor with costs, 1817, ch. 100, s. 1, 193
Subpoenas to be issued after committal, 1822, ch. 40, s. 1,
Party summoning witnesses unnecessarily to pay them,
Warrant for criminal may go to any county, same, s. 2,
When no one will prosecute Attorney General to file bill ex
officio, same, s. 3,
Criminal cause to be finished though term expires, 1825, ch. 68,
240
241
241
241
241
When indictment for digging up corpse good, 1831, ch. 81, s. 2, 241
On plea of "guilty" jury to be empanneled, 1831, ch. 83, s. 1, 241
Commutation of punishment, 1831, ch. 85, s. 1, - 242
Governor to certify to clerk, same, s. 2, - 242
Duty of Clerk in making out transcript &.C., same, s. 3, 242
Defendant tried for felonious assault may be convicted of sim-
pie assault, 1832, ch. 22, s. 1, - - 242
Prosecution- how conducted, 1835, ch, 14, s. 4, - 242
When nolle prosequi may be entered, 1813 ch. 136, s. 4, - 541
Criminal process returnable any day, 1794, ch. l,s. 10, 547
Continuance for excitement or prejudice, 1827, ch. 30, s. 2, 701
DECLARATION OF INDEPENDENCE.
Deeds (see registration,)
E
xxxiv
index to the statutes.
depositions Of witnesses as to boundaries of land, 1799, ch. 15, s. 1, - 135
Not to be read if witnesses can attend in court, same, - 135
Clerks to issue commissions to take depositions, 182(5, ch. 24, s. 1,15H
Deputies may issue commissions to take depositions, 1833 ch. 30,
s. 1, - - - - 160
Depositions of witnesses to deeds &c., when may be taken, 1801,
ch. 6, s. 30, - - - - 219
In chancery depositions to be taken, 1819, ch. 31, s. l,s - 220
Five months for taking in chancery, 1822, ch. 14, s. 5," - 221
May be taken without filing interrogatories, 1824, ch. 6, s, 1, 247
In what cases depositions may be taken, 1794, ch. 1, s. 30 243
To give notice, same, - - - 243
When witness is about to leave state, same, s. 31, - 243
Ten days notice, same, - 243
Penalty for refusing to give deposition, same, s. 32, 712
In trials before justice depositions of witnesses in another
county, same, s. 53, - 243
Proceedings when witnesses refuse to give deposition on com-
mission from another state, 1795, ch. 3, s. 1, - 243
Witness to have two days after subpoena, same, - 244
Penalty on refusal to obey subpoena, same, - 244
Deponenls compensation, same, s. 2, - - 244
Before whom may be taken, 1801, ch. 5, s. 32, - 244
Clerks power in issuing subpoenas &c, same, s. 33, - 244
Five months after replication for depositions, same, s. 37, 244
When may be taken before issue, same, s. 39, - 244
In cases before Justices deppositions of witnesses in other state,
1811, ch. 100, s. 1, - - - 245
Whose deposition may be taken as matter of right, 1817, ch.
189*8.1,' 245
Clerk to issue commission, notice, same, s. 2, - 245
Deposition of witness living out of county may be taken same, s. 2, 245
Opposite party may have witness subpoenaed, same, - 245
In chancery to be in writing, 1819, ch. 31, s. 1, - 246
Jailors' deposition to be taken. 1820, ch. 17, s. 2, - 246
Interrogatories dispensed with, 1824, ch. 6, s. 1, - 246
When may be taken before issue in chancery, 1826, ch. 78, s. 2, 246
Notice to be given, same, - 246
When may be taken on interrogatories, 1827, ch. 81, s. 5, 247
Of notary public may be taken, 1835, ch. 17, s. 7, - 502
Depositions taken on notice and clerk to determine on whom
notice to be served, 1824, ch. 6, s. 2, - - 504
Of infirm and aged persons by soldiers, 1825, ch. 72, s. 1, - 6S4
Property not to descend to aliens, 1809, ch. 53, s. 1, - 87
descents. To sons equally and for want of sons to daughters, 1784, ch. 22,
s. 2, - - - - 247
Provision as the child advanced, same, - - 247
Lineals to represent parent, same, - - 248
Land of intestate without issue to go to brothers and sisters of
whole and half blood, same, s. 3, - 248
Paternal brothers and sisters of half blood preferred to maternal,
same, - 24S
index to the' statutes.
XXXV
devise.
Children of brothers &c. to represent parents, same, - 248
Same rule as to collaterals, same, s. 4, - - 249
Intestate without issue or brother or sister* to go to parent, same,
s. 7, - - - - 249
Half brothers let in with whole and for want of such, sisters,
1784, ch. 10, s. 2, - - * 249
Rule where intestate has no issue, nor brothers &c., same, s. 3, 250
„ Lands equally divided between brothers and sifters of whole and
half blood, 1796, ch. 14, s. 1, - - 250
Illegitmate children to take mothers estate, 1819, ch. 13, s. 1, 250
Child born after fathers death to fake equal, 1823, ch,28, s. 1, 250
Share recoverable by petition, same, s. 2, - - 251
Child of color not to inherit, 1825, ch. 15, s. 1, - 251
All devises taken to be in fee, unless otherwise clearly expres-
sed, 1784, ch. 22, s. 12, - - - 375
discontinu- Intervention of a term of court not to work a discontinuance,
AJICEi 1789, ch. 57, s. 7, - 65
No discontinuance for death or absence of Judge, 1794, ch. 1, s.
8, - - 204
distribu- Advancements how valued, 1715, ch. 48, s. 6, - 251
tion of es- Manner of recovering legacies, filial portions, distributive shares
tates. &"c*> 1762, ch. 5, s. 23, - - 251
Mode of distributing intestates estate, 1766, ch. 3, s. 1, - 252
Provision in case of settlement, same, - - 252
When no child or not more than two how distributed, 1784, ch.
22, s. 8, - - - 253
Mode of laying of distributive share to widow, same, s. 9, 263
Illegitimate children how to take, 1819, ch. 13, s. 1, - 250
Widow of intestate without children to take half, 1827, ch. 14,
s. 1, - - - - 253
Not to affect creditors, same, s. 2, - - 253
Provision where child has been advanced, 1829, ch. 36, s. 1, 254
Overplus brought into contribution, same, - - 254
What courts have jurisdiction, same, s. 2, - 254
Distribution of insolvent's estate, 1833, ch. 36, - 295
Commissioners appointed to lay off, 1835, ch. 1, s. 1, - 254
Compensatian and duties, same, - - 254
Ratio of population to govern, same, s. 2, - 254
Two justices and one constable elected in each, same, s. 3, 255
Exception as to Nashville district, same, - - 255
To designate places of holding elections, same, s. 4. - 255
Districts how bounded, same, s. 5, - - 255
Districts to be numbered, same, s. 6, - - 255
To make out two plats, same, s. 7, *• - 255
Oath of commissioners, same, s. 8, - - 255
Further duties of commissioners and clerks, same, s. 9, - 256
When elections of Justices and constable to be held same, s. 10, 256
divorces. Circuit and chancery courts have concurrent jurisdiction, 1835,
ch. 19,8.4. - - ; 213
xxxvi
index to the statutes*
Woman pregnant with colored child at marriage, good cause of
divorce, 1819, ch. 20, s. 2. - - 25b
Female petitioners to give security for costs, 1831, ch. 20, s. 1. 250
Publication dispensed with in cases of females, same. - 257
What shall be good cause of divorce, 1835, ch. 26, s. 1. - 257
Impotency, former marriage subsisting, adultery, absence for two
years, conviction of infamous crimes, same. - 257
Person having moved here, and wife refusing for two years to
come, same, s. 2. - 257
Redress may be had in circuit or chancery court, same, s. 3. 258
Affidavit to accompany bill, same, s. 4. - 258
If defendant deny the facts, feigned issue to be made up, same,
s. 5. - - - 258
Issue to be tried in circuit court, same. - 258
Court to hear proof, if facts are admitted, same, s. 6. - 250
When facts are proven divorce may be granted, same, s. 7. 259
Defendant guilty of adultery not to marry the person with whom
it was committee, same. - - 259
Divorce not to affect legitimacy of children, same. - 259
If either party be absent two years, and the other marry on a
belief of death, &c. same, s. 8. - - 259
What acts of party petitioning to be bar to divorce, same, s. 9. 259
When wife is complainnat, court may order provision for main-
tenance of children and wife, same, s. 10. - 259
Husband to give security for maintenance, same. - 259
Proceedings on failure, same. - - 259
Wife to retain her property if complainant, same, s. 11. 260
Not to affect creditprs, same. - - 260
Wife's property to remain with husband, if he is complainant,
same, s. 12. - 260
Wife being defendant not entitled to dower, same, s. 13. 260
Wife's residence how determined, same, s. 14. - 260
Woman divorced for adultery, who cohabits with the person
with whom adultery was proved, shall not alienate her
lands, same, s. 15. - - 260
Citizens only are to be divorced, same, s. 16. - 260
Costs to be at discretion of court, same, s. 17. - 261
Wife may seek relief in court of equity for bad treatment, &c.
same, s. 18. - 261
Court may decree sepai ation from bed and board, same, s. 19. 261
When alimony to be decreed, same. - - 261
Defendant may showjustifiable cause for treatment, same, s. 20. 261
Costs at discretion of court, same, s. 21. - - 262
Proof by deposition or personal attendance, same, s. 22. 262
Not to affect suit already brought, same, s. 23. - 262
Wife being defendant and divorced, not entitled to dow er, 1835,
dower. ch. 26, s. 13. ... 260
Widow of mortgagor not barred of dower, 1715, ch. 38, s. 13. 497
Widow may dissent from will in six months, and have dowTer,
1784, ch.22,s.8. - 262
Fraudulent conveyance to defeat dower void, same. . 262
How dower to be allotted, same. - - 262
INDEX TO THE STATUTES.
xxxvii
Petition for may be filed in circuit court, same, s. 9. - 263
Sheriff to summon jury to lay off dower, same. - 263
Circuit and chancery courts to have concurrent jurisdiction,
1835, ch. 19, s. 4. - . 213
What to be set apart as dower, 1784, ch. 22, s. 9, - 263
Proceedings to be summary, same, s. 10. - - 263
Notice to be given to heirs, executors, &c. same. - 263
When county line divides land, how to be allotted, 1805, ch. 32,
s.l. - - - 264
Sheriff to give jurors 10 days notice, 1815, ch.85, s. 1. 264
Penalty on juror for not attending, same, s. 2. - 264
When judgment to be entered for costs against petitioner, same,
s. 3. - - - 264
Court to make allowance to jurors, same, s. 4. - 264
In partitioning lands dower to be first assigned, 1823, ch. 37,
s. 1. - - - 516
Jury need not include mansion house, or one third of each tract,
same, s. 2. - - - 264
Widow to have dower out of equitable estate, same, s. 4. 265
Five freeholders may allot dower, 1827, ch. 6, s. 1. - 265
Notice may be personal or by publication, 1835, ch. 19, s. 12. 265
drunken- Penalty for being drunk on Sunday, 1741, ch. 14, s. 5. 265
ness. Penalty on any other day, same. - - 265
ejectment. Injunctions in ejectment not to be dissolved, 1801, ch. 6, s. 47. 266
No exception to declaration after issue on title, same, s. 60. 266
Proceedings on instituting ejectment, 1801, ch. 11, s. 1. 266
Sheriff to serve summons and declaration, same, s. 2. - 266
Tenant liable for costs, same, s. 3. - - 266
Defendant to enter into common rule, same, s. 5. - 266
When defendant may plead claim for improvements, 1813, ch.
24, s.l. 267
When plaintiff may claim for rents and profits, same. - 267
No improvement allowed for after summons or notice, same. 267
No mesne profits but after suit or notice, same. - 267
Jury to find value of improvements and mesne profits, same, s.
2. . 267
Not to abate by defendant's death, 1819, ch. 16, s. 4. - 268
Copy of declaration to be served on heirs or guardians, same. 268
If heirs have no guardian court to appoint one, same, s. 5. 268
If heirs are non-residents, publication to be made, same, s. 6. 268
Proceedings on laying demise in name of another, 1825, ch. 29,
s. 2. - - - |268
Person using name of another to show power of attorney, 1825,
ch. 63, s. 1. - 269
If power of attorney is not px*oduced, name to be stricken out,
same, s. 2. - - - 269
Judgment given for costs, same. - - 269
Security for costs how released, 1827, ch. 18, s. 5. - 656
Act of 1813, ch. 24, extended to Hiwassee, 1827, ch. 46, s. 1. 269
May set-off mesne profits against improvements, same, s. 2. 270
xxxviii
INDEX TO THE STATUTES.
•ELECTIONS.
Of officers in towns to be held by town constable, 1833, ch. 56, s.
1, - 197
Of coroner and ranger, when to be held, 1817, ch. 48, s. 8. 197
Commissioners to designate place of elections for county officers,
1835, ch. 1, s. 4. - 255
When justices and constables to be elected, same, s. 10. 256
Inspectors of to be appointed to county court, 1796, ch. 9, s. 1. 270
If court fail to appoint or they fail to act, sheriff with three free-
holders may appoint, same. - . 270
Box for ballots to be provided, same, s. 2. - . 270
Box to be locked or otherwise secured, same. - - 270
Manner of voting, same, s. 3. - - - 270
Tickets to be read out, same. - 270
If two tickets together, &c. not to be counted, same. - 271
Manner of voting for governor, same, s. 4. - - 271
Returning officer to give casting vote, same, s. 3. - 271
In elections by writ from Governor, same proceedings, same, s. 5.271
Penalty of $10 for voting without being entitled, same, s. 7. 271
Sheriff to give copy of polls to person elected, same, s. 9. 271
Penalty for neglect, same. - - 271
County court to have election for vacancies, 1796, ch. 2, s. 1. 271
Chairman to put up notice, same, s. 2. - 272
Penalty for disturbing elections, 1799, ch. 17, s. 2. - 490
Sheriffs to administer oath to inspectors and clerks of elections,
1809, ch. 36, s. 1. - - 272
Governor to count votes for members to Congress, and commis-
sion, 1812, ch. 27, s. 5. - - 272
When express to be sent for returns, same. - - 272
Governor to give casting vote, same, s. 6. - - 272
Governor to issue proclamation to fill vacancies, same, s. 7. 272
Officer holding election to carry up list of voters, 1821, ch. 27,
s. 2. - - - 273
Treating to procure votes indictable, 1823, ch. 12, s. 2. 491
Sheriff's duty in returning votes for Governor, 1827, ch. 23,
s.12. \ - - 273
Penalty for opening tickets at elections, 1829, ch. 98, s. 1. 273
Congressional Districts laid off, 1832, ch. 4, s, 1. - 273
Sheriff to make out triplicate lists of votes, same, s. 2. - 273
$500 penalty for failure, same, s. 3. - - 273
When and where justices and constables to bo elected, 1835, ch.
l,s. 10. - - - - 274
Sheriff to appoint judges and clerks, same, s. 11. - 274
When polls to open and close, same\ - - 274
In case of tie, election held again, same. - - 274
Sheriff's duty in forwarding certificate, same, s. 12. - 274
Time of elections, same, s. 13. - - 274
Time of elections for Governor, Congressmen, &c. 1835, ch. 2,
s.2. - - - 275
Sheriff to hold all popular elections, same, s. 1. - 275
To compare votes, same, s. 3. - - 275
Time of elections for Sheriff, Trustee, Register, Clerks, same,
s. 4. - . . " . - 275
Sheriff's duty in comparing polls and giving certificates, same,
s, 5. - 276
INDEX TO THE STATUTES.
xxxix
When officer elect to give security and take oath, same. 276
When candidates have the same number of votes, same, s. 6. 276
Provisions for new counties, same, s. 7. - 276
Militia elections, 1S35, ch. 21. - - 458
Elections in towns for their officers may be held after the regu-
lar time, 1835, ch. 49, s. 1. - - 277
Majority required in electing surveyor and entry taker, 1835,
ch. 73, s.2. - - - 277
emancipa- Proceedings in order to emancipate slaves, 1801, ch. 27, s. 1, 277
tion. When liberated slave to be supported by county, same, s. 2, 277
How many justices to be present and concur, same, s. 3, 278
Clerk to record proceedings and give certificate, same, s. 4, 278
Proceedings when slaves are set free by will, 1829, ch. 29, s. 1, 278
Act of 1829, eh. 29, restricted, 1831, ch. 101, s. 1, - 278
No emancipation without leaving the state, 1831, ch. 102, s. 2, 279
Construction of acts of 1831, ch. 102,1833, ch. 81, s. 1, 279
Where slaves have contracted for freedom before 1831, same, s. 2, 279
entails. Entails abolished, 1784, ch. 22, s. 5, - - 279
entries. Entry on location may be sold by execution, 1794, ch. 5, s. 7, 280
Sale to be by assignment of warrant, same, - 280
Officer selling to transfer on surveyors books, 1809, ch. 31, s. 5, 280
Surveyor to make plat &c. to assignee's name, same, 280
Assignee to pay surveyor's fees, same, - - 280
Sheriff may assign warrant to purchaser, 1819, ch. 48, s. 1, 280
To tranfer plats and certificates, same, - 280
Purchaser's right to remove warrant, same, s. 2, - 281
Sheriff may assign plat &c. of land entered under act of 1823,
1827, ch. 25, s. 1, - - - 281
Grant may issue on Sheriff's certificate, 1931, ch. 36, s. 1, 281
Grant not to issue to entree when certificate filed, same, s. 2, 281
Proceedings when deceased persons have made entries, 1794,ch.
5, s. 5, - - - 78
Decrees by the court for Mero district established, 1796, ch.,
mSZrr 21 s-l> - - • . - - 133
Court.) How the decrees maybe proved and established, same, s. 2, 133
May be established by oral proof, same, s. 4, - - 133
Proceedings to correct errors in, 1809, ch. 101, s. 1, - 282
errors jjow error jn m-ant, deed, bill of sale &c. may be corrected,
m deeds, mme,s.3, - - - .282
grants, When publication to be made, same, s. 4, - - 282
registra- Variation between survey and call of location, same, s. 5, 283
tion. Persons opposing how made defendants, same, s. 6; 283
Disputed lines how to be run, same, s. 7, - - 283
Fees of register for correcting &c. same, s. 8, - 283
Deed not including land sold to be evidence of sale, same, s. 9, 283
When grant is altered, to be for benefit of purchaser, same, 284
To correct errors in deeds, 1813, ch. 83, s. 1, - 284
Notice by advertisement, same, s. 2, - - 284
Defendant may enter appearance, same, s. 3, - 284
xl
INDEX TO THE STATUTES.
Error in survey may be corrected, same, s. 4, - 285
Register to correct errors directed by county court, 1821, ch.
H ^ 25, s. 1, - - - - 285
Errors in grants issued under act of 1823, to be corrected, 1825,
ch. 52, s. 1, - - - - 285
Register to correct error without fee, when made by himself,
same, s. 2, - - - - 285
Remedy against register for refusal to correct, same, s. 3, 285
What acts of register void, same, s. 4, - - 285
Act of 1825. ch. 52, extended to all grants, lb26, ch. 25, s. 1, 286
escapes. Justice to issue warrant for prisoner escaped, 1777, ch. 8, s. 9, 286
Sheriff to receive prisoner and give receipt, same, - 286
Court to proceed to judgment, same, - - 287
To be set at large on bail given, same, - - 287
Remedy against sheriff for escapes, same, s. 10, - 287
Executor &c. may sue sheriff for escapes, same, s. 11, - 287
On escape execution to issue on prison bounds bonds, 1759, ch.
14, s. 2, - 543
escheats. Escheated property to go to county academies, 1809, ch. 53, s. 1, 171
Escheated property to go to common schools, 1827, ch. 64, s. 1, 171
Attorney general to sue for escheated property, 1829, ch. 43,
s.l, - - - - 287
State not to give security for costs, same, s. 2, - 288
Defendant may give up property in 90 days, same, s. 3, - 288
To be delivered to superintendent of schools, 1835, ch. 28, s. 6, 169
TrvmpwrE Settlements by commissioners with administrators prima facie
E ' 1822, ch. 31, s. 2, - - 80
Entry on protest or book of notary prima facie of notice, 1829,
ch. 14, s. 3, - - - - 126
Copy fiom book good evidence under book debt, 1756, ch. 4, s.
3. - - - 131
When book of testator or intestate good evidence, same, s. 4, 131
Papers burnt at Mero, established and registered to be good
evidence, 1821, ch. 20, s. 1, - - 133
Certified copies of documents from comptroller's office to be good
evidence, 1835, ch. 12, s. 13, - - 177
Records of county court transcribed to be good evidence, 1835,
ch. 9, s. 3, - - - - 201
Evidence in divorces to be by deposition or parol, 1835, ch. 26,
s. 22, - - - - 262
Penalty on negro for giving false evidence, 1741, ch. 24, s. 50, 674
Before examination of negro, court to charge, same, s. 51, 674
Negroes &c., not to be witnesses except against each other, 1794
ch. l,s. 32, - - - 712
Private acts of Assembly to be given in evidence without plead-
ing them, 1801, ch. 6, s. 56, - - 288
Printed or manuscript journals to be evidence, 1807, ch. 82, s. 1,288
Certified copies of superior court records evidence, 1809 c. 49 s. 13,289
Copies of McLemore's books evidence, 1811, ch. 117, s. 1, 289
Certain grants by North Carolina not evidence, 1812, ch. 86, s. 1, 289
License good evidence of marriage, 1815, ch. 47, s. 1, - 451
index to the statutes,
xli
Accounts from other county or state, how certified, to be good
evidence 1819, ch. 25, s. 1. - - 271
Copies from J. C. McLemon's books good evidenbe, 1820, ch.
44, s. 1, - - 290
Secretary to give' copy of general plan which will be evidence,
1825, ch.26, s.l, - - 290
What copies by secretary to be good evidence, 1829, ch. 58, s. 1,290
Parol proof may be given as to Matthews' line, 1831, ch. 61, s. 1,290
The attestations &c. of notary public to be evidence, 1835, ch.
11, s. 5, ... - - - 291
What to be good evidence of Marriage on indictments for polyg-
amy 1829, ch. 23, s. 16, - - - 318
Copies of powers of attorney registered good evidence, 1805,
ch. 16, s. 4, - - - 579
••Tr/HrTTTrtw Not to issue against administrator or executor for twelve months,
execution. lgl5j ch_ x _ _ _ 8q
Executions on judgment by attachment levied on land to be re-
turned to court, 1831, ch. 26, s. 1, - 105
Issuance and return of to be entered on docket, 1831, ch. 8, s. 2, 158
To be issued to plaintiff or attorney, 1832, ch. 3, s. 1, 159
Penalty on clerk for failure to issue, 1832, ch. 3, s. 2, - 159
May issue in equity as at law, 1787, ch. 22, s. 2, - 215
Not to bind equitable interest in land or stocks without registra-
tion of memorandum, 1832, ch. 11, s. 3, - - 223
May be levied on entries and locations, 1794, ch. 5, s. 7, 280
When constable to levy execution on land, 1788, ch. 14, s. 10, 291
To issue on decrees in equity as ai law, 1787, ch. 22, s. 2, 291
To issue against goods, chattels, lands &c., 1794, ch. 1, s. 23, 292
To be first levied on goods and. chattels, same, - 292
May issue for clerk's fees, 1796, ch. 7, s. 9, - 156
On sale of land under execution 20 days notice of time of sale,
1799, ch. 14, s. 1. - - 292
If defendant is not in possession, notice by publication, same, 293
Execution to be issued and levied in 12 months, same, s. 2, 293
Defendant may divide land into lots, same, s. 3, - 293
Otherwise sheriff to sell without division, same, - 293
Proceedings against constable for not making return on execu-
tion, 1801, ch. 7, s. 5, - „ - 180
Clerk to endorse on execution date of judgment, 1803, ch.6, s. 2, 294
When garnishee may be summoned, same? s. 3, - 362
If execution is not returned by second day of term, judgment
may be had by motion, 1803, ch. 18, s. 1, - 294
J udgment for suffering defendant to go at large, same, s. 3, 294
Forty days notice in Gazette in all cases, 1805, ch. 50, s. 5, 294
Proceedings when defendant in execution on Justices judgment
has removed to another county, 1805, ch. 66, s. 4, - 295
If an execution is returned not satisfied an alias or pluries may
issue, same, s. 6, - - 295
Act of 1799, ch. 14, repealed in part, 1806, ch. 57, s." 1, - 295
When execution sales to be made, 1807, ch. 99, s. 1, - 181
How entries sold under execution to be transferred, 1809, ch.
31, s. 5, - - - 280
F
INDEX TO THE STATUTES,
Clerk to issue execution for balance on justices papers, 1811,
ch. 87, s. 1, - - - - 295
When execution sales to be advertised, 1813, ch. 103, s. 2, 290
When judgment is given for failure to return execution &c. 12i
per cent, to be allowed, 1813, ch. 109, s. 1, - 296
Surplus on execution sale to be paid over to defendant, 1817, ch.
54, s. 1, - - - 182
Certain articles exempted from execution, 1820, ch. 11, s. 1, 533
Execution against maker and endorser to de first made out of
maker, 1820, ch. 151, s. 1, - - 416
Executions in chancery and supreme courts returnable in six
months, 1823, ch. 54, s. 4, - - - 296
Certain executions not to die, 1823, ch. 55, s. 1, - 296
Clerks to issue execution to any county on justice's papers,
1825, ch. 23, s. 1, - - 297
To be returned in 40 days, same, s. 2, - - 297
Fees of offices in such cases, same, s. 3, - 297
Not to be levied on disputed property without indemnity, 1825,
ch. 40, s. 1, and 2, - - 183
Clerk to issue execution for balance in certain cases, 1825, ch.
66, s. 1. - - 297
Original security released by stayor, 1825, ch. 82, s. 1, - 297
Plaintiff to have execution if no stay is given, 1827, ch. 19, s. 1, 297
Certain articles exempt from execution, 1827, ch. 20 s. 1, - 534
Securities of Sheriff liable for money collected by execution
from Justices, 1827, ch. 35, s. 4, - 669
When levied on land Justice to return all the papers to court,
^ 1829, ch. 12, s. 1, - 298
Manner of advertising execution sales by constable, 1829, ch.
90, s. 1, - 298
Date of issuance and return of executions to be entered on ex-
ecution docket, 1831, ch. 8, s. 2, - - 258
Not to issue against administrator &c. until after 12 months, 85
Certain property exempt from in hands of wife or widow, 1833,
ch. 2, s. 1, - - - - 535
Not to be levied on standing crop until 15th Nov. 1833, ch.20 s. 1,299
Purchaser to have same rights as original owner, same, s. 2, 299
Lien of landlord not affected, same, - - 299
Not to prevent levy of attachment at any time, same, s. 3, 299
Certain property exempt from in hands of heads of families,
1833, «ch. 80, - - - - 535
Arms exempt from execution, 1835, ch. 21, s. 58, 478
When may issue on confessed judgment in county court, 1835,
ch. 5, s 10, - - - 211
How returned before justice, 1835, ch. 17, s. 4, - 299
To be returned in 30 days, same, - - 299
On failure plaintiff to have judgment on motion on 5 days notice,
same, - 299
What excuse good for not returning, same, - - 299
To be returned to justice having original judgment, same, s. 5, 300
Justices to keep execution docket, same,s. 7, - - 300
Two days for stay of execution, same, s. 10, - 300
Sheriff liable to judgment by motion for failure to return execu-
tion, 1835, ch. 19, s. 6, - - - 300
mmx tothb statutes.
xliii
Execution may be stayed 4 months, 1835, ch. 41, s. 1, - 685
In what county sheriff may be proceeded against for failure to
return execution &c. 1835, ch. 19, s. 6, - 300
Not to be levied on wards' estate until after 12 months, 1789,
ch. 39, s. 5, - - 370
Execution from Justice to be on separate piece of paper, 1805,
ch. 66, s. 1, - 427
Alias execution not to issue from justice until first is returned
or affidavit of loss, 1835, ch. 17, s. 7, - 432
Two days allowed to stay execution, 1835, ch. 17, s. 10, 433
Execution may issue sooner on affidavit, same, - 433
When justice is absent any other justice may issue execution,
same, s. 15, - - - - 434
Form of judgment and execution docket, same, s. 17, - 435
executors. See administrators and executors,
fees. Of Attorney General,
Of chirman of county court, -
Of Clerk of countyfcourt,
Of clerk of circuit court,
Of clerks and masters in chancery,
"Of clerks of supreme court. -
Of constables,
Of coroners,
Of jailers,
Of justices of the peace,
Of notary public, -
Of printers,
Of rangers,
Of county registers,
Of Secretary of State,
Of Sheriffs,
Of standard keeper,
Of surveyors,
301
302
303
305
307
308
308
309
310
310
310
311
311
311
312
312
315
315
What offences are felonies and how punished, 1829, ch. 23, s. 1,316
Murder defined, same, s. 2, - - 316
Murder in the first degree defined, same, s. 3, - • 316
Murder in the second degree, same, - - 317
Jury to determine the degree, same, - - 317
Punishment of murder in the first degree, same, s. 4, 317
Accessory before the fact how punished, same, - 317
Murder in the second degree how punished, same, s. 5, - 317
Definition of manslaughter, same, s. 6, - 317
Punishment of voluntary manslaughter, same, s. 7, - 317
Punishment of involuntary manslaughter same, s. 8, - 317
Arson defined, same, s. 9, - - 317
Punishment of Arson, same, s. 10, - - 317
For burning house in a town how punished, same, s. 11, - 318
For burning barn, stable, &c. how punished, same, s. 12, - 318
Rape defned, same, s. 13, - - - - 318
Punishment of rape, same, s. 14, - - 818
INDEX TO THE STATUTES
Unlaw ful intercourse w ith female under 10, how punished, same.
s. 15, - - 31K
Polygamy defined and how punished, same, s. 16, - 318
If husband or wife has been absent five years, same, - 31H
What to be good proof of marriage, same, - 318
Sodomy and buggery how punished, same, s. 17, - 318
Incest defined and how punished, same, s. 18, - - 318
Burglary defined and how punished, same, s. 19, - 319
Robbery defined and how punished, same, s. 20. - 319
Stealing free person of color how punished same, s. 21, - 319
Stealing slaves how punished, same, s. 22, - - 319
Larceny defined, same,s. 23, - 319
Punishment of horse stealing, same, - 319
Punishment for receiving stolen horse, same, s.24, - 319
Grand larceny and petit larceny defined, same, s. 25, - 319
Punishment of grand and petit larceny, same, - 319
Receiving stolen goods over $10 and punishment, same, 26, 319
Receiving stolen goods under $10 and punishment, same, s. 26, 320
Stealing or robbing notes &c. how punished, same, s. 27, - 320
^Receiving notes &c. stolen or taken by robbery, same, s. 28, 320
Papers purporting to be valuable so deemed, same, s. 29, - 320
House breaking how punished, same, s. 30, - 320
Person indicted for burglary maybe convicted of house breaking
same, - 320
Forgery and counterfeiting defined, same, s. 31, - 320
Passing or offering to pass counterfeit notes, same, - 321
Punishment of forgery, counterfeiting &c. same, - 321
Keeping in possession any counterfeit resemblance of bank note
&c. s. 32, - - - - 321
Keeping in possession a fictitious instrument purporting to be a
bank note, same, s. 33, - 321
Altering and erasing genuine note, &c. same, s. 34, - 321
Filling up counterfeit note &c., same, s. 35, - - 321
Making instruments for counterfeiting, same, s. 36, - 322
Keeping such instruments in possession, same, - 322
Making paper for counterfeiting, same, s. 37, - 322
Making paper moulds, same, - 322
Definition of "corporation, company or person," same, s. 3S, 322
Making or mending machine for counterfeiting, same, s. 39, 323
Keeping such machine in possession, same, - 323
Passing or offering to pass base coin, same, - - 323
Keeping in possession base coin same, - - 323
Forgery defined and how punished, same, s. 40, - 323
The word "another's" defined, same, - - 323
Passing or tendering forged paper, same, s. 41, - 323
Who good witness in prosecution for forgery, same, - 323
Perjury defined and how punished, same, s. 42, - 323
Subordination of perjury, same, s.43, - - 323
Bribery defined and punished, same, s. 44, - - 304
Embracery defined and punished, same, s. 45, - 324
Destroyingcorner trees punished, same, s. 46, - 324
Destroying or concealing wills, same, s. 47, - 324
Stealjng records punished, same, s. 48, - - 324
Stealing books or papers of public office, same, s, 49, - 324
INDEX TO THE STATUTES.
xlv
Using false token and counterfeit letters punished, same, s. 50, 324
Assaulting or poisoning with intent to commit murder, same, s. 52, 325
Assault with intent to ravish, same, s. 53, - - 325
Assault with intent to rob, same, s. 54, - - 325
Mayhem and punishment, same, s. 55, - - 325
Exceptions in cases of self defence, same, - - 323
Duelling or sending challenges, &c. same, s. 56, - 323
Delivering challenge, and consenting to be second, same, s. 57, 326
Publishing for rufusing to fight, same, s. 58, - - 326
Printer compelled to give evidence, same, s. 59, - 326
Rescue of one arrested for felony how punished, same, s. 60, 326
Officer permitting felon to escape, same, s. 61, - 326
Aiders and abetters deemed principals in felonies, same, s. 62, 326
Accessaries before the fact punished as principals, same, s. 63, 326
Accessaries after the fact how punished, same, s. 64, - 326
Exception as to certain relations, same, - - 326
Faro and thimble and grandmothers trick, same, s. 65, - 328
Conspiracy to indict an innocent person,same, s. 66, - 327
Crimes not numerated provided for, same, s. 67, - 327
Explanation of phrases in the singular and plural numbers,
same, s. 68, - 327
Slaves excepted out ot this act, same, s. 69, - - 327
What proof of a corporation will be sufficient, same, s. 70, 327
Convicts disqualified from holding any office, same, s. 71, 327
For what offences rendered infamous, same, - - 327
Indictments good if so at rommon law, same, s. 72, - 327
What charge and proof sufficieni in crimes where possessing or
concealing is to be tried, same, s. 73, - - 328
When sufficient to charge in the words of the act, same, s, 74, 328
Jury to fix the term of imprisonment, same, s. 76, - 328
Conflicting averments in indictments immaterial, same, s. 77, 328
Party injured may be competent witness, same, s. 78, - 328
Jury to give damages for stolen property, same, s. 79, - 328
Trials for felonies to be in the circuit court, same, s. 80, 329
Clerk to issue execution for damages and costs, same, s, 81, 329
Former laws repealled, same, s. 82, - - 329
Taking up dead body how punished, 1831, ch. 81, s, 1, - 329
Aiders and abetters deemed principals, same, - 329
Relations may take up and re-inter, same, s. 3, - 329
Sec. 55, of act 23, of 1829, restricted, 1831, ch. 84, s. 1, 330
Free negroes emigrating to this state how punished, 1831, ch.
101, s. 1, - - - 330
Judge to give this act in charge, same, s. 3, - - 330
If an officer be killed in arresting gambler to be murder in the
first degree, 1833, ch. 68, s. 2, - - 330
Certain gamblers punished as faro dealers, same, s. 4, - 331
Persons renting house for such games declared felons, same, 331
What are deemed houses, same, s. 5, - 331
Seditious publications, &c. how punished, 1835, ch. 44, s. 1, 331
Circulating same or having them in possession, same, s. 2, - 331
Attempts by words or gestures to excite rebellion, same, s. 3, 331
Harbering slave with intent to convey away, 1835, ch. 58, s. 1, 332
Giving free passes or papers to slave, 1835,ch 65, s. 1, - 332
Harbering runaway slave, same, s. 2, - - 332
lvi
tNDBX TO THE STATUTES.
Escaping from the Penitentiary how punished, 1829, ch. 38, s. 29,527
Murder to kill slave with malace aforethought, 1799 ch. 9, s. 1, 076
Assault with intent to murder in 1st degree or rape capital, 1835,
ch. 19, s. 10, 083
Tempting slave to leave owner. 1835, ch. 58, s. 1, - 332
Forging passes or karbering runaways, 1835, ch. 65, - 232
One year allowed after digcoverture to demand claim of adminis-
FEME trator or executor, 1789, ch. 23, s. 4. - 75
covert. Property of wife when not to be levied on for debts of her hus-
band, 1825, ch. 10, s. 1. - - 333
When husband is insane, wife may have the powers of a single
woman, 1835, ch. 56, s. 1. - - 333
This act applicable to existing cases of insanity, same, s. 2. 333
Deeds by whom proved and registered, 1833, ch. 92, s. 1. 594
feme sole. Suit by not to abate by marriage, 1819, ch. 16, s. 1. 66
Suit against not to abate by marriage, same, s. 3. - 66
Penalty for throwing down around camp ground, 1833, ch. 90,
fences. s. 2. - - 140
Penalty for burning or tearing down, 1803, ch. 9, s. 1. - 490
Fence to be five feet high, 1807, ch. 8, s. 1. - 334
Justice to summon two persons in case of trespass, same, s.2. 334
Fence being sufficient, owner of stock to pay damages, same. 334
Injury to stock when fences are insufficient to be paid, same,
s. 3. - - - 334
Penalty for burning or throwing down, 1803, ch. 9, s. 1. 490
fkrrifs. Privilege of establishing given to county cpurt, 1835, ch. 29,
s. 1. - - - - 203
Penalty for keeping in 10 miles of established ferry, 1764, ch.
3,s.4. - - - 335
For charging unlawful ferriage, 1779, ch. 10, s. 9. - 335
For not keeping up ferry at legal rates, same, s. 14. - 335
Mail contractorgjtfmy keep ferryboat, 1787, ch. 16, s. 1. 335
To transport none but stage passengers, same, - 335
County court may discontinue or establish ferries, 1803, ch. 53,
s. 1. - - - 336
May establish ferries and rate the toll, 1804, ch. 1, s. 1. 629
Ferry keeper exempt from working road, same, s. 2. - 629
To give security in $2000, same, s. 15. . - 336
Ferries free for electors, same. s. 18. - - 336
Penalty for not keeping banks in repair, same, s. 20. - 336
County court to grant ferries to owners of both banks, 1807, ch.
25, s. 1. - - - 337
Banks owned by different persons, each may keep ferry, same,
s. 2. - - 337
Ferry landings to be used for loading boats, 1813, ch. 127, s. 9. 337
Soldiers to cross free of toll, 1815, ch. 121, s. 1, - 337
County court may establish ferries, 1821, ch. 6, s. 9. - 337
Private ferries to be governed by rules of public femes, 1825,
ch. 44, s. 1. - ' - 337
Penalty for refusing to put over mail carrier, 1827, ch. 96, s. 1. 338
index to the statutes.
xlvii
pines and
forfeit-
ures.
fire
panies.
Clerks to give bond for collection of, 1796, ch. 15, s.4. - 156
Court may release whole or part, 1811, ch. 2, s. 1. - 338
All penalties before justice, to be paid to county trustee. 1815,
ch. 131, s. 1. - - - 338
Justices to enter judgment for fines, &c. under stay laws, 1827,
ch. 51, s. 1. - 429
Application of fines and forfeitures, 1827, ch. 58, s. 3, - 602
Fines, &c. in felonies paid to state, 1835, ch. 55, s, 1. 339
Fines, &c. in misdemeanors paid to county, same, s. 2. 339
Money paid on forfeited bond, when refunded, 1835, ch, 70, s. 1. 339
Fine of $5 for gaming may be imposed by justice, 1799, ch. 8,
s. 2. - - - 356
Fine of $10 on tavern-keepers for encouraging gaming, same,
s. 3. - - - 356
$100 forfeiture for suing for money, &c. won at gaming, same,
s. 5. - - 357
How fines and forfeitures for gaming applied, 1803, ch. 12, s. 1. 357
XJ. S, Judge to be fined $50 foT gaining, 1817, ch. 61, s. 6. 359
Fines, forfeitures, &c. estimated in dollars, at eight shillings,
&c. 1827, ch. 8, s. 1. - - 497
$5 fine for disturbing public worship, 1815, ch. 60, s. 1. 558
How fines and forfeitures under revenue laws applied, 1827, ch.
58, s. 3. - - - 602
When to be paid into court by sheriff, 1827, ch. 49, s. 7. 619
Fines for Sabbath breaking how disposed of and accounted for,
1741, ch. 14, s. 8. - - 638
C0M_ May be formed in towns, 1831, ch. 27, s. 1. - 340
Exempt from mustering, same, s, 2. - - 340
fire-hunt- One fire hunter may be witness against others, 1774,<• h. 6, s. 5. 340
ING> Penalty for not giving evidence, 1799, ch. 3, s. 9. - 341
Penalty on master for slave-hunting by fire, 1784, ch. 33, s. 3. 341
Fire hunting how punished, 1833, ch. 40, s. 2. - 341
fire-wood. To be sold by the cord, 1784, ch. £2, s. 1. - - 341
fish dams.
Not to interrupt navigation, 1835, ch. 29, s. 4. - 137
Privilege of, granted by county court, same, s. 1. - 203
May be removed by county court, same. 203
fish traps. Privilege of, or removal of, vested in county court, 1835, ch.
29, s. 1. - 203
How lands, tenements, &c. to be held, 1821, ch. 14, s. 1. 342
forcible What shall he a forcible entry and detainer, same, s. 2. 342
entry and Whatever makes entry forcible, makes detainer forcible, same,
detainer. s. 3. - - - 342
What estate included in this act, same. s. 4. - 342
Tenants holding over guilty of detainer, same, s. 5. - 342
Justices to have cognizance of, same, s, 6. - - 343
Justices to have 20 men summoned to try, same, s. 7. 313
Form of process, same. - - 343
Justices to issue summons, and its form, same, s. 8. - 343
xlviii
index to the statutes.
To be served six days before appearance, same, s. 9. . 344
Party may plead and what, same, s. 10. - 344
Justices to administer oath to jurors, same, s. 11. - 344
To give judgment and issue writ of restitution, same, s. 13. 344
Form of verdict, same. - . 315
Form of writ of restitution, same. - - 345
When to issue execution for costs, same, s. 14. - 345
Justices may continue case on good cause, same, s. 15. 345
Duty of justices in conducting trial, same, s. 16. - 345
Penalty for sheriffs neglect, same, s. 17. - - 346
Proceedings may be removed by certiorari, same, s, 18. 346
Not to bar action of trespass, same, s. 19. - 346
Title not to be investigated, same, s. 20. - - 346
Justice to issue subpoena for witnesses, same, s. 21. - 346
When sheriff may summon bystanders as jurors, same, s. 22. 346
Fees to justices, sheriffs, &Lc.same,s. 23. - - 346
Penalty on jurors and witnesses for not attending, same, s. 24. 346
Two justices competent to try, same, s. 25. - - 347
Complainant to give security for costs, 1822, ch. 35, s. 1. 347
Writ of restitution not to issue for 20 days, same, s. 2. - 347
20 days allowed defendant to remove his cause, same, s. 3. 347
Penalty for repossession by forcible entry and detainer, 1825,
ch. 63, s. 3. - - - 347
Suits not to be dismisted for omission or defect, 1833, ch. 79, s. 1.348
To be tried first term, same. ... 348
Amendments allowed, same. - - 348
Security to be given for cost and damages in certiorari, 1835,
ch. 84, s. 1. - - - 348
Clerk's duty in taking bond, same, s. 2. - - 348
fornica- Penalty for fornication, 1741, ch. 14, s. 9. - - 348
tion. Words imputing adultery or fornication made actionable, 1805,
ch.6,s. 1. - - 349
franklin
govern-
ment.
Administrations and proceedings therein made valid, 1801, ch.
24, s. 1. - - 349
No exception to jurisdiction of court granting administration,
same, s. 2. - - - 349
Marriages made valid and children legitimate, 1803, ch. 25, s. 1, 349
Deeds, &c. made valid, 1815, ch. 1, s, 1. - - 350
Records to be preserved, same, s. 2. - - 350
Provision for registering certain deeds, &c. same, s. 3. 350
All English laws against frauds in force. I7l5,ch.31,s. 7. 438
What contracts must be in writing, or considered fraudulent,
1801, ch. 25, s. 1. . 350
Contracts to hinder or delay creditors, same, s. 2. - 351
Contracts on considerations not valuable when fraudulent,same,* 351
Goods loaned and retained five years, &c. same. - 351
Npt to extend to bona Jide conveyances on good consideration,
same, s. 3. - - - 353
raudu- Devises void against creditors, 1787, ch. 39, s. 2.
:nt Devi- Creditors may sue devisees, same.
btes.
353
353
index to the ftatutbs.
xlix
Penalty for entertaining slave on Sabbath or in the night, 1787,
ch. f>, s. 2. - - - - 353
Penalty for intermarrying with slave without master's consent,
same, s. 3. - - - 354
Free negroes to be registered, 1S08, ch. 32, s. 1. - 354
Penalty for being in company with slaves at unlawful meeting,
1808, ch. 32, s. 4. . . - , - - 354
Travelling without certificate to.be taken up, 1807, ch. 100, s. 1. 354
May have their papers registered, 1825, ch.. 79, &. &. - 355
Penalty for selling free person of color, 1828, ch: 22, s. 6. 355
Penalty for stealing or selling free person of-coior,l829, ch! 23,
s. 21. - - - - 355
Punishment for coming into this state, 1831, ch 102, s. 1. 330
$10 appropriated for each one transported, 1833, ch. 64. 167
Penalty for keeping tipling-house, 1835, ch, 57, s. 2. - 495
gaming# All gaming contracts made void, 1799, ch. 8, s. 1, - 355
Justice may impose fine of $5 for gaming, same, s. 2, - 356
Tavernkeeper fined $10 for encouraging, same. s. 3, - 356
His license made void, same, - 356
Money &c. won and paid may be recoverved back in 90 days,
same, s. 4, - - - - 356
$100 forfeiture for suing for money &c. won at gaming, same,
s. 5, - - - - . 357
Money won at gaming not recoverable at law, 1801, ch. 38, s. 1, 357
Act of 1799, ch. 8, in part repealed, same, s. 2, - - 357
How fines and forfeitures are to be applied, 1803, ch. 12, s. 1, 357
Gaming made indictable, same, s. 2, - - 357
Idle persons with gaming devices to be arrested, 1811, ch. 112,
s. 1, - - - - - 358
Gaming tables to be burnt, same, s. 2, - - 358
Penalty against different officers for gaming, 1817, ch. 61, s. 1, 358
Judges and justices duty in inforcing .this act, same, s. 2, 358
No prosecutor required on indictments, same, s. 4, - 359
U. S. Judge to be fined $50, same, s 6, 359
Not to affect shooting' matches, same,s. 7, - - 359
Turf racing not indictable, 1820, ch..5,-s. 1, - 359
Betting on elections indictable, 1823, ch. 25, - - 492
Witness giving information to be exempt from prosecution, 1824,
ch. 5, s. 1," - - - - 359
Judge to give this act in charge, same, s. 2, - - 359
Grand Jury to make diligent inquiry, send for witnesses &,c.
same, ----- 359
Attorney General's fee, same. s. 3, * - 360
Prosecution to commence in six months, same, s. 4, - » 444
Laws against to be remedially construed, same, s. 5, - 380
Disqualification of certain officers, 1829, ch.21, s. 1, - 380
Grand jury to confine their examination to time and place,
same, s. 2, - - - - 380
All persons disqualified for gaming restored, 1829, ch. 63, s. 1, 380
Turf racing defined, 1833, ch. 10, s. 1, - - 330
Horse raceing on public roads indictable, same s. 2, - 360
Justices to issue warrant to arrest persons suspected of gaming
1833, ch. 68, s. 1, 361
G
L
index to the statutes*
Officer may break doors to make arrest, same, - 361
Compensation to officer for arrresting, same, s. 3, - 361
After two capiases cause may be stricken from docket, but to
continue in court, same, s. 6, - - 361
Statute of limitations not to run, same, - 361
Betting at faro how punishable, same, s. 7, - - 361
Duty of all civil officers to give information, same, s. 8, - 361
No prosecutior required in gaming cases, 1817, ch. 61, s. 4, 385
Applicant for ordinary license to take oath against gaming, 1817,
ch, 61, s. 5, - - - - 509
Keeper of ordinary to give bond not to permit gaming, 1831,
ch.80,s. 1, - - - 510
Oath of retailer and tavern keeper against gaming, 1835, ch.25,
s. 1, - - - - - 511
garnishee. May be summoned to answer on issuance of attachment, 1794,
ch. 1. s. 22, - - - - 103
Judgment may be entered against garnishee, same, - 103
All effects in hands of garnishee liable to plaintiff's claim, same, 103
If garnishee fail to appear conditional judgment may be entered
same, - 103
Sci.fa. to issue on conditional judgment, same, - 103
Summoned on execution from county court to appear at circuit
court, 1835, ch. 6, s. 13, - . - 200
If defendant ia execution has left the state, officer may summon
garnishee, 1803, ch. 6, s. 3, - - - 362
Creditor may summon garnishee, if there is no property, 1811,
ch. 89, s. 1, - - - - - 362
Justice to give judgment, same, - 362
Property in hands of garnishee liable from day of summons, same, 363
Conditional judgment for failure to attend, same, - 363
When conditional ludgment affirmed, same, - r 363
Land levied on to be condemned, same, s. 2, - - 363
Garnishment may issue with attachment, same, - - 363
Garnishee to be paid as witness, 1826, ch. 17, s; 1, - 364
geologt. Geologist appointed, 1831, ch. 28, s. 1, - - 364
His duties, same, s. 2, - - - 364
Assayor appointed, same, s. 3, - - - 364
His compensation, same, s. 4, - - - 364
governor. Manner of voting for Governor, 1796, ch. 9, s. 4. - 271
To count votes for members to Congress and commission, 1812,
ch.27, s. 5, - - - 272
When to send express for returns of votes, same, - 272
To give casting vote, same, s. 6, - - 272
To issue proclamation to fill vacancies, same, s. 7, - 272
May offer reward for apprehending offenders, 1805, ch. 44, s. 1, 365
To draw on treasurer for amount of reward, same, s. 2, 365
May draw for expense of exchanging laws with other states, 1811,
ch. 85, s. 1. - - - - 365
Draft of Governor good voucher, same, s. 2, - - 365
May draw for stationary, postage, &c., same, 3, - 365
May draw for expense of expresses, 1813, ch. 80, s. 1, - 361
index to the statutes.
li
May commute punishment of crimes before 1831, 1831, ch. 54,
s. 3, - 366
To sue printer on breach of bond, 1809, ch. 3, s. 4, - 555
grants. See Registration,
guardian. Guardians my carry on suit after death of plaintiff, or defendant
1786, ch. 14, s. 1, - - - 65
Heirs being minors, court to appoint guardian, 1809, ch. 121, s. 3, 66
Appointed to make title to land when administrator &c. holds
title bond, 1794, ch. 5, s. 2, - - 77
How guardian of another state may settle with administrator or
execr., 1829, ch. 6, s. 1, - - 83
In ejectment, court to appoint guarian of minor heirs of deceas-
ed defendant, 1819, ch. 16, s. 5, - - 268
Father may appoint by deed or will, 1762, ch. 5, s. 2, - 366
Guardian may take possession of ward's property, same, s. 3, 366
Proceedings when guardian abuses his trust, same, s. 4, 337
Circuit or county court may appoint, same, s. 5, • 367
Court liable if security is insufficient, same, - - 367
Not liable when security was good when taken, same, s. 6, 367
To exhibit account annually on oath, same, s. 9, - - 357
Power of court over guardian mismanaging, same, • 367
To sell perishable property on.20 days advertisement, same, s. 10, 388
To collect money, assign bonds, and lend surplus, same, - 368
When slaves to be kept on land, same, s. 11, - - 368
When and how stock may be sold, same, s. 12, - - 368
Lands to be leased only until ward is of age, same, s. 13, 388
Orphans court when to be held, same, s. 15, - - 369
Accounts of to be examined, same, - . 369
Abuses may bo inquired into at any time, same, s. 16, 369
May charge reasonable disbursements, same, s. 18, - 369
Disbursements to be suitable to orphan's degree, same, s. 19, 369
How security of may be released, same, s. 21, - 369
Court to take security of person appointed to take estate, same,
s.22, - - - - 370
Appeal allowed from order appointing guardian, same, s. 24, 370
Appellant to give security, same, s. 25, - - 370
Powers of chancery court over guardian not abridged, saw. s. 26, 370
Proceedings to sell personal or real estate of ward, 1789, ch. 39,
s. 5, - - - - - 370
Execution not to be levied on ward's property until 12 months,
same, - - - 371
Special guardian in cases of descents from collaterals, 1823, ch.
2, s. 1, - - - - 371
Father to have preference of guardianship, same, - 371
Guardians of idiots and lunatics to make settlements, 1824, ch. 2.
s. 1, - - - 371
Liability of such guardians, same, s. 2, - - 372
Prvoisions in case of neglect, same, s. 3, - . 372
Bands payable to chairman how recoverable, 1825, ch. 45, s. 1, 372
Judgment in favor of one no bar against another, same, s. 4, 372
Copy of bond sufficient if not contested, same, s. 4, - 372
If chairman be executor or guardian, how to proceed, same, s. 7, 373
Lit
INDE* TO THE STATUTES.
HABEAS
CORPUS.
HEIRS AND
DEVISEES.
IDIOTS AND
LUNATICS.
IMPEACH-
MENT.
Security of guardian how released, 1829, ch. 15, s. 2, 65b
New security tote given when old is insufficient, lh31,eh.2y,b. 1,
Clerk to report names of orphans w hose security is 1 assume, s.2, 151
Any person m£ty give information to court, same, s. 3, - 373
Notice to give information to court, same, s. 3, - 373
Notice to guardian, how made, same, s. 4, - - 373
When not to be charged with compo'und interest, 1831, ch.30, s. 1, 373
Reasonable allowance to be made to, same, s. 2, - 373
Securities of guardians how released, 1829, ch. 15, s. 2, 656
Subpoenas for witnesses, to issue for both parties, 1823, ch. 15,
s, 1, - - - 374
Proceedings against witnesses failing to attend same, s. 2. - 374
May carry on suit after death of plaintiff or defendant, 1786, ch.
14, s. 1, - - 65
May prosecute appeal after death of plaintiff or defendant 1794,
ch. 1, s. 64, - - - 65
Sci.fa. to issue against heirs, when there is no administrator,
1809, ch. 121, s.3, - - 66
Heirs of deceased defendant, in ejectment to be notified, 1819,
ch. 16, s. 4, - - - 268
If minors guardian to be appointed, same, s. 5, - 268
If non-residents publication to be made, same, s. 6, - 268
All devises taken to be in fee simple, 1784, ch. 22, s. 12, - 375
When "fully administered" &c. is found for defendant, the plain-
tiff may sign judgment, 1784, ch. 11, s. 2, - - 375
To run sci. fa. against heirs and devisees, before execution,
same, - 375
Sci.fa. to be served on guardian of minor heirs, same, s. 3, 375
Sheriff to return when miners live out of the state, same, s. 4, 375
Judgment against lands on second return, same, - 376
Heirs may contest plea of "fully administered" on sci. fa.
same, s. 5, - - - 376
Devisee evicted may sue other devisee for rateable proportion,
same, s. 6, - - - 3r.6
When heir or devisee is liable for ancestor's debt, 1789, ch. 39,
s. 3, - - - -376
Process to be served on guardian of minor, same, s. 4, - 377
Illegitimate children to inheiit estate of mother, 1819, ch. 13, s. 1,377
Proceedings by for partition of lands, 1823, ch. 37, s. 1, 516
Proceedings to sell lands when partition cannot be made, 1827,
ch. 54, s. 1, 516
Proceedings to ascertain idiocy or lunacy, 1797, ch. 41, s. 1, 378
Guardian to be appointed same, - - - 378
Having no property to be let out, same, s. 2, - 378
Three justices may commit dangerous lunatic, same, - 378
Duty of guardians in dividing off property to children, 1824,
ch. 2, s. 1, - - - - 371
Children may file bills for division, same, s. 3, 371
Writ of inquisition returnable same term 1827, ch. 32, s. 1, 379
Allowance to witnesses attending Senate, 1815, ch. 110, s. 1, 379
INDEX TO THE STATUTES.
Ltll
Compensation to Sergeant at arms, same, - - 379
Accounts to be professed to clerk of Senate, same s. 2, - 379
If defendant is insolvent, treasurer to pay witnesses &c. same,
s.*3;\ - - -379
Penalty for swearing1 to too much in account, same, s. 4,
379
IMPRISON-
MENT FOR
DEBT.
IMPROVE-
MENTS.
If defendant is taken with bail warrant and fail to attend, judg-
ment. against heirs &c. 1801, ch. 7, s. 2, - - 382
If bail be not given, to be tried forthwith or imprisoned, same, 383
No woman to be imprisoned in civil actions, 1831, ch. 40, s. 1, 383
Original process to be by summons, same, s. 2, - 383
Special or appearance bail not required, same, - 383
Capias may issue in case of absconding, &c. same, s. 3, 383
Bail warrant may issue on affidavit, same, s. 4, - 383
In what cases a capias may issue, same, s. 5, - - 383
Persons discharged from ca. sa. not exonerated from judgment,
same, s. 6, - - - - 384
Act of 1831, ch. 40, explained, 1832, ch. 12, s. 2, - 384
Act of 1831, ch. 40, extended to all- civil actions, same, s. 4, 384
When defendant in eiectmentmay claim for improvements, 1813,
ch. 24, s. 1, - - - - 267
None allowed after summons or notice, same, - - 267
Jury to find value of, same, s. 2, - - 267
Act of 1813', ch. 24, extended to Hiwassee, 1827, ch. 46, s. 1, 269
Grantee or claimant by deed under grantee may recover value
of improvements, 1797, ch. 43, s. 3, - - 380
Person dispossessed to recover for improvements, 1805, ch. 42,
s. 1, - - - 280
Land bound for value of improvements, same, - 380
In suits for land S. and W. of Cong. res. on grants from N. C.
after 1806, value of improvements allowed, 1813, ch. 60, s. 1, 381
Defendant allowed to remove standing crop, same, s. 2, - 381
No allowance for rents or mesne profits, same, - 381
Persons delivering possession on notice allowed for improve-
ments, 1815, ch. 122, s. 1, - - 381
Benefits of 1813, ch. 24, extended to occupants, same, s. 2, 381
Lands occupied by settlers not to be ehtered witho_t paying for
imprdvements, 1819, ch. 1, s. 1,2, - - 381
Surveyor'to appoint persons to value improvements, same, 381
OwnerW warrant entered on improved land to pay for improve-
ments, 1824, ch. 8, s. 1, - - - 382
Defendants in Hiwassee may claim value of improvements, 1831
ch.38, s. 4, - - - - 382
Lessor may claim as set off the mesne px-ofits, same, s. 5, - 382
Not to be preferred without prosecutor, 1801, ch. 30, s. 1, 385
j„7) Attorney General to pay costs if no prosecutor, same, s. 2, 385
Not to extend to presentments, same, s. 3, - - 385
Attorney General to send bill on inquest of cox-oner without
prosecutox-, 1812, ch. 44, s. 1, - - 3S5
No px-osecutor requii-ed in gaming cases, 1817, ch. 61, s. 4, 385
No prosecutor x-equix-ed in cases against ovex-seex-s of x-oads, 1820,
ch. 4, s. 1, - - - - 385
LIV
INDEX TO THE STATUTES.
None required when offender is recognized for offence in pres-
ence of Justice, same, s. 2, - - - 3H5
No prosecutor on indictment for billiard table, 1820, oh. 13. s. 2, 125
No presentment or indictment quashed for form, 1824,<h.5, s. 5, 300
No prosecutor required on indictments for violation of graves,
1831, ch. 81,s.2, - - 241
injunction Not to issue unless the error in the judgment is shown, 1829, ch.
16, s. 1, - - - 143
Execution may issue .for the balance, same, - 143
In injunctions court of district where judgment was rendered or
to which execution issued, to have jurisdiction, 1825, ch.
22, s. 2, - . - - - 221
May be granted by chancellor or circuit judge, 1835, ch. 41, s. 9,228
In ejectment, not to be dissolved, 1801, ch. 6, s. 47, - 266
Judgment against principal and security on dissolution, 1817,
ch. 119, s. 1, - 386
Sheriff to serve injunctions 1817, ch. 199, s. 7, - 386
Not to issue unless petitioner state that it is the first application,
1621, ch. 7,s. 1, - - 383
Judge to seal up bill and jiat for injunction, 1825, ch. 71, s. 3, 387
insolvent Body arrested on judgment from justice how disposed of, 1804,
debtors. ch. 9,s. 3. - - - 387
How and when oath of insolvency to be taken, 1811, ch. 24, s.
1. - - * 387
Proceedings if out of court to be returned to court, same, s. 2. 388
Surrender of effects how to be made, same, s. 3. - 388
Form of insolvent debtor's oath, same. - - 389
Debtor discharged, and officer may plead this act, same, s. 4. 389
Heal estate how to be disposed of, same, s. 5. - 389
Commissioners to examine claims of creditors, same, s. 6. 390
Notice may be given to attorney of plaintiff in certain cases,
same, s. 8, - - * 390
Debtor discharged not to be again arrested for same debt, same,
s.7. - - - - 390
Prison fees how paid, same, s. 9. - - 391
Penalty for false swearing, same, s. 10. - - 291
Subpoena to issue for witnesses, same, s. 11. - 391
Prison bounds allowed to insolvent debtors, 1812, ch. 25, s. 1. 391
Person arrested or given up by bail, to have prison bounds,
same, s. 2. - - - 391
Sheriff to take security for the bounds, same, s. 3. - 391
Persons confined for costs to be relieved by insolvent laws, same,
s. 4. - - - - 391
Notice to be given to attorney general, same. - 391
Benefit of prison rules extended to debtors, and on what terms,
1817, ch. 16, s. 1. - - - ffl2
Proceedings on breach of prison bounds bond, same. - 392
Who are entitled to benefit of insolvent laws, same, s. 3. 393
When execution to issue for jail fees, same„ s. 5. - 393
Plaintiff may recover fees with other costs, same, s.6. 393
Jailor's fees to be paid by plaintiff every 15 days, 1823, ch. 36,
8.1. - - - 393
index to the statutes.
lv
Plaintiff of another estate to give security for jail fees, 1824, ch.
15. s. 1. - - - 393
Plaintiff of this state to give security in certain cases, same, s. 2. 393
Sheriff may take bond for appearance of debtor taken or ca. sa.
1824,ch. 17, s. 1. - 394
Court ma*y administer oath of insolvency, same, s. 2. - 394
On failure to appear court to enter judgment, same, s. 3. 394
Property surrendered to be sold by sheriff, same, s. 4. - 394
Executions from justice returned as from court, same, s. 5. 394
Bonds on ca.sa. to be payable to plaintiff, 1825, ch. 57, s. 1. 394
If intestate be insolvent, administrator to give notice to creditors
t<> file their claims, 1833, ch. 35, s. 1. - 395
Schedule to be filed, same, s. 2. - - 395
Real estate to be sold on petition of administrator, same, s. 3. 395
What debts and expenses to be preferred, same, s. 4. - 395
Proceedings to be had before clerks, same, s. 5. - 395
Oath to be administered to commissioners, same, s. 6. - 395
Petition to be heard fit-st term,same, s. 7. - - 396
When suggestion of insolvency is fraudulent, same, s. 8. 398
Compensation of commissioners, same, s. 9. - - 396
Administrator may contest validity of claims, same, s. 10. 396
Administrator or executor bound to make suggestion of insol-
vency, same, s. 11. - - 396
inspection Form of tobacco inspector's oath, 1799, ch. 45, s. 4. - 398
& His duty in giving attendance, same, s. 5. - - 397
inspectors. To keep books and enter marks, names, &c. same, s. 6. 397
Dimensions of tobacco hogsheads, same, s. 7. - 397
Articles not to be exported without inspection, 1801, ch. 5, s. 1. 397
County court may appoint inspectors for each county, same, 397
To take bond in $1000, same. ... 398
County court may discharge inspector, same, s. 2. - 398
May supply vacancy, same. ... 398
Three justices may supply in vacation, same. - 398
Inspectors to attend, inspect, brand, &e. same, s. J3. - 398
Penalty on cooper's selling barrels not to the guage, same, s. 4. 399
To keep books, enter makers names, marks, &c. same, s 5. 399
If not shipped in 60 days to be again impeached, same, s. 6. 399
Casks of lard, butter, &c. to be certified, same, s. 7. - 399
Seller's oath, same, s. 8. - - - 399
Inspector's fees, same, s. 9. - - - 400
Inspector to search for articles about to be shipped contrary to
this act, same, s. 10. - 400
Penalty for shipping without inspection, same. - 400
The word "Tennessee" to be branded, same, s. 11. 400
Flour and meal how to be inspected, same. s. 12. - 400
Dimensions of casks, same. - - 400
Size of whole and half barrel of flour, same, s. 13. - 400
Manner of inspecting brandings, &c., same, s. 14. - 401
Who not to be inspectors of hemp4 same, s. 15. - 401
Fees of hemp inspectors, same. s. 16. - - 401
Hemp bal.s to be labeled, same, s. 17. - - 401
Exporters of lard, butter, &c. to produce certificate, make oath,
&c., same. s. 20. ... - 402
INKEX TO f HE ST \TU IKS.
Who not to be inspectors, same, s. 21. - - 4(12
Fines and forfeitures how disp >sed of, same, s. 22. - 402
Inspectors not to purchase refused articles, .same, s. 22. - 402
Coun»y court maj make further regulations, same, s.24. 402
Inspectors of cotton to give bond, 1803, eh. 7, s. 2. - 403
Their dyty on giv ing receipts, same, s. 3. - - 403
Owners of presses how to mark cotton, same, s. 4. - 403
Cotton receipts made negotiable, same, s. 5. - 404
How cotton inspectors to give bond, &c. during recess of court,
same, s. 6. - 404
Court to establish as many tobacco inspections as they please,
1817, ch. 105, s. 1. - - - 404
Fees to owners of warehouses, same, s. 2. - - 404
Three inspectors yearly, to be designated 1st, 2nd, and 3rd,
same, s. 3. - - - - 404
Inspector's bond and oath, same, s. 4. - - 404
Duty of inspectors, same, s. 5. - - 404
Inspectors to appoint pickers, same, s. 7. - 405
Picker's oath, same, s, 8. - - 405
Size of hogsheads, same, s. 11. - - 405
Pickers to give bond, same, s. 12. - - 405
Transfer tobacco, same, s. 13. - - 405
Owner may export without inspection, same, s. 14. - 405
Tobacco inspector's fee and duty, 1821, ch. 8, s. 2. - 405
What tohacco shall pass, same, s. 3. - - 406
Hogsheads how constructed, same, s. 4. - - 406
Tobacco to be passed by 1st, 2nd, and crossed, 1825, ch. 288,
s. 3. - - - - 406
On appeals from county court I2i per cent, allowed, 1794, ch.
INTEREST. l,s. 64. - - - 90
Allowed on stay of attachment levied on property of non-resi-
dent, same, s. 25. - - 105
When guardians not to be charged with compound interest, 1831,
ch. 30, s. 1. - - - 373
What instruments to bear interest, 1835, ch. 50, s. 1. - 406
Instruments payable on demand when interest to commence,
same, s. 2. - - - 406
Property contracts to bear interest, same. - 406
Judgments to bear interest, same. - - 406
Rate of interest 6 per cent, same, s. 3. - - 407
When more than 6 per cent, is taken, how the excess may be
avoided, same, s. 4. - - 407
When usury is admitted, judgment for principal and interest
only, same, s. 5. - - 407
Not to affect charters granted, same, s. 7. - 408
Former laws repealed, same, s. 8. - - 408
T Governor to subscribe for one third, when two thirds are taken by
improve- individuals, 1835, ch. 22, s. 1. - - 408
Dividends to be applied to redemption of state bonds, same, s.2. 408
M * Governor to appoint directors, same, s. 3. - 409
Limited to one tnird of capital stock, same, s. 4. - 409
INDEX TO THE STATUTES.
invento-
hies.
To be made out and returned to court on oath, 1723, ch. 10,
s. 2. - - - 72
Copy to be set up at court-house, same, - 73
iron works bounty court to appoint jury to assess value of land overflowed
by dam, 1807, ch, 40, s. 1, - - 409
Not to condemn more than one acre and a half, same. 409
Return of jury to be judgment of court, same, s. 2. - 409
Judgment when to be registered, same, s. 3. - 410
When land to revert to original owner, same. - 410
Penalty for obstructing road to, 1824, ch. 4, s. 6. - 410
Benefit of law extended to Hiwassee, 1824, ch. 71, s. 1. 410
In what cases owners to have benefit of occupants, 1827, ch. 65,
s. 2. - - - .410
May lay warrant on contiguous vacant land, same, s. 3. 410
jails and Jailors fees how certified, 1632, ch. 6, s. 1, - - 194
jailors. Fees allowed from term to term when defendant, is not tried for
derangement, 1835, ch. 90, s. 1, - 195
Jails to be kept in repair by county court, 1741, ch. 18, s. 2, 197
Tax for building or repairing may be laid by county court, 1829,
ch. 99, s. 1, - - - - 198
Jailors deposition to be taken, 1820, ch. 17, s. 2, - 246
His fees to be paid by plaintiff every 15 days, 1823, ch. 36, s. 1,393
Plaintiff of another state to give security for jail fees, 1824, ch.
15, s. 1, - - - 393
Allowance for expense in removing prisoners, 1799, ch. 27, s. 1, 411
When prisoner is released by legal authority allowance made,
same, s. 2, - - - 411
Jails may be used by United-States for prisoners, 1801, ch. 31,
s. 1, - - - 411
Provision as to jailor's fees in these cases, samey - 411
How collected and appropriated, same, s. 2, - 411
County jail to be jail for circuit court, 1809, ch. 49, s. 16, - 412
Jail insufficient prisoner may be transferred, 1809, ch. 126, s. 4, 412
Judge may commit prisoner to jail of adjoining circuit, 1817, ch.
17, s. 1, - - : - 412
Justice may commit prisoner to any strong jail same, s. 2, 412
Justice to issue order for prisoner committed mother jail, 1819,
ch. 9, s. 1, - - - - 412
Clerk to certify order same, - 412
On order prisoner to be delivered up. same, s. 2, - 412
Fees for keeping prisoner from another caunty how made out,
1823, ch. 51, s. 1, - - - 413
Jail fees on prisoner from another county to have preference,
smae, s. 2, - - - 413
Jailors to sell runaway slaves after 12 months, 1825, ch, 79, s. 1, 680
Rules of diet and cleanliness, 1826, ch. 45, s. 1, - 413
Duties of jail inspectors, same, s. 2, - - 413
Prisoner's wife not to board with jailor, same, s. 3, - 414
Rate of spirits allowed, same, s. 4, - - 414
To keep convicts for penitentiary on their way without fee, 1831,
ch. 86, s. 3, - - - - 414
Jailors costs how made out, 1832, ch. 6, s. 1, - - 191
H
index to the statutes,
Justices may sell sites of jails and levy others, 1835, ch. 34, s. 1, 414
May levy tax to buy site, same, s. 2, - - 414
Commissioners to be appointed, same, s. 3/ - 414
Commissioners' deed made valid, same, s. 4, - 415
Deed to be taken for jail lot, same, s. 5, - - 415
Oath of commissioners, same, s. 6, - - 415
joint ten- rig&t °f survivorship among joint tenants abolished 1784, ch.
aNCT* s'
In cases of partnership survivorship to exist for certain purpo-
When representatives of deceased partner to receive share,
417
417
joint lia- When one joint obligor dies, debt survives against heirs, execu-
bilities, tors &c.of deceased obligor, 1789. ch. 57, s. 5, - 415
In case of joint obligations of copartners suit may be brought
as if the obligations were joint and several, same, - 415
Not more than one suit on joint instrument at once 1813, ch.
67, s. 1, - - - 415
Suit may be against any or all, same, - - 415
Counterparts of process to issue whendefendants reside in two
counties, same, s. 2, - - 4l6
Suits may be joint or several against maker and endorser of
bills or notes, 1820, ch. 25, s. 1, - - 416
Cost of protest to be recovered, same, - - 416
Recovery may be against one, if not all, same, - 416
Discharge of one not to prevent judgment against others, same,
s. 2, - - - - 416
Proceedings when defendants reside in different counties, same,
s. 3, - - 416
Execution against maker and endorser to be first satisfied by
maker, 1820, ch. 151 s. 6, - - - 416
Counterpart not to be served on drawer or maker, 1827, ch. 75,
s. 2, - - - - 417
Action may be joint or several on a judgment or decree from
another state, 1829, ch. 66, s. 1, - - 419
When suit is commenced against more thai! one nolle prosequi,
may be entered as to one orjnore, 1835, eh. 87, - 542
journals To be kept by clerk and loaned out, 1831, ch. 6, s. 1. - 151
of congress
Not to be confessed by administrator in six months, 1831, ch.
jdugmknts. . . . ' . ' 85
By motion against attorney for not paying over money, 1825, ch.
13, s. 1. - - - - 112
By motion against sheriff for not collecting state and county tax
on suits, 1833, ch. 43, s. 1, - - 114
Judgment by motion in favor of bail against principal, 1801, ch.
15, s. 4, - - - 119
Judgment by motion on bond with warrant of attorney, on due
notice, 1801, ch. 19, s. 1, - - 128
To be stayed on sufficient security, same, s. 3, - 128
INDEX TOTHS STATUTES#
Judgment on bonds with penalty may be discharged by paying
the principal and interest. 1801, ch. 6, s. 66, _ -
When judgment instanter, on certiorari bond to be entered, 1807,
ch. 81, s. 2,
Judgment on certiorari affirmed with 12i per cent. 1827, ch. 13,
s. i, - -
Judgment on motion against clerk failing to pay over money
collected, 1807, ch. 66, s. 9, -
To be entered in book in 40 days after court, 1831, ch. 8. s. 1,
On motion against sheriff, constable, &c. for failure to pay over
surplus on execution, 1817, ch. 54, s. 1,
For failure to pay over money collected in any way, same, s. 2,
By motion before justice for not paying over money, 1823, ch.
21,8.1, ....
By motion on indemnity bond, 1825, ch. 40, s. 1,
Judgment to be entered when payment of costs ordered on con-
tinuance, 1829, ch. 33, s. 4,
Judgments by motion only cognizable in circuit court, 1835, ch.
5,s#ll, -
Not to be lein on equitable interest in lands or stocks without
negotiation of memorandum, 1832, ch. 11, s. 3,
Of circuit court not reversed except on merits, 1809, ch. 126, s.
11,
Judgment may be rendered in supreme court on bonds of cir-
cuit court removed there or bonds taken there, 1835, ch.
199, s. 3,
Date of to be endorsed on execution, 1803, ch. 6, s. 2, -
On motion before justice against constable for not returning ex-
ecution in 30 days, 1835, ch, 17, s. 4, -
Persons discharged from ecu sa. not exonerated from the judg-
ment, 1831, ch. 40, s. 6, -
To bear interest, 1835, ch, 50, s. 2,
To be in dollars and cents, 1798, ch. 19, s. 1,
Judgment on confession a "release of errors, 1801, ch. 6, s. 64,
Supreme court to give such judgment as circuit court ought,
1809, ch. 49, s. 27, - - -
Twelve and a half per cent, damages on affirming judgment,
same, -
Debtor may confess judgment, 1829, ch. 50, s. 1,
Debtor may confess judgment before justices, same, s. 2,
Papers to be filed in cases of confessed judgment, same, s. 3,
Suit may be brought against one or all on record from another
state, 1829, ch. 66, s. 1, ^ -
In what cases judgment is lien on land, 1831, ch. 90, s. 7,
Lein only from time of registration, when defendant resides
out of county where judgment was obtained,same, s. 8,
When judgment against several, and one dies, or removes, plain-
tiff may proceed against one or more, 1833, ch. 70, s. 1,
Two days allowed foj; stay, 1835, ch. 17, s. 10,
Justices to keep judgments in possession, except in appeals &c.
1805, ch. 66, s. 1,
Form of judgment and execution docket for justices, 1835, ch.
17, s. 17, -
Clerks to enter up judgments in all cases, 1805, ch. 45, s. 2,
130
142
142
156
158
182
1S2
182
183
186
211
223
233
233
294
299
384
408
418
418
418
418
419
419
419
419
419
420
420
433
427
435
702
INBJSX TO THK STATOTIS*
Twelve persons to attend surveyors in running out disputed
. lines, 1786. ch. 13, s. 2, - - - 134
Penalty on juror for not attending inquest, 1825, ch. 36, s. 2, 187
Justice may summon jury in case of accidental death, same, s. 4, 187
What juries may be summoned in county court, 1835, ch. 6, s.3,196
To be summoned to attend special term, 1827, ch. 79, s. 6, 206
Incompetency of jurors from relationship, 1835, ch 68, s. 1, 238
To be empanneled or plea of "guilty" 1831, ch. 83, s. 1, - 241
Jury of five to allot dower, 1784, ch. 22, s 9, - 263
To have 10 days notice, 1815, ch. 85, s. 1, - 261
Penalty for failing to attend, same, s. 2, - - 264
Jury to find value of improvements and mesne profits in eject-
ment, 1813, ch. 24, s. 1, - - 267
To fix the term of imprisonment in felonies, 1829, ch. 23, s. 76,328
Grand jurors to make diligent inquiry for gaming 1824, ch. 5,
s.2. - - - 350
Grand jurors to confine examination to time and place in gam-
ing cases, 1829, ch. 21, s. 2, - - 360
Jury to ascertain idiocy or lunacy how appointed, 1797, ch. 41,
s. 1, - - - 378
Jury to assess value of land overflowed by iron works dam, 1807,
ch. 40, s. 1, - - - - 409
No person to be appointed a juror at two courts in succession,
or who has a suit at issue, 1779, ch. 6, s. 2, - 420
List to be summoned by sheriff, same, s. 3, - - 420
When jurors do not attend bystanders may be summoned, same,
s. 4, - - - 421
Penalty $125 for not attending, same, - - 421
To be summoned 10 days bpfore court, same, s. 6, 421
Notice left at dwelling house good summons, same, - 421
No process to be executed on body of juror, same, s. 11, - 421
Grand Jury how made up, same, s. 12, - - 421
Jury how ballotted for, same, s. 13, - 421
Regular jurors failing to attend fined $25, 1783, ch. 11, s. 2, 421
To make excuse at next term, same, - 421
Penalty for not attending as talisman, same, s. 5, - 421
Ministers exempted, 1805, ch. 20, s. 1, - - 422
Parties in suits not to be appointed, 1805, ch. 60, s. 1, - 422
Either party may challenge two jurors, same, - - 422
Defaulters to make excuse at next term 1809, ch. 107, s. 1, 422
Fine and costs remitted on good excuse, same, - 422
Householders competent, except on change of venue, 1809, ch.
119, s.2, - - 422
Number to be summoned, 1811, ch. 72, s. 19, - 422
Jurors taken sick, others to be sworn and trial de novo, 1817,
ch. 99, s. 1, - - - 423
When sufficient do not attend, grand jury to be made out of by-
' standers, 1817, ch. 131, s. 2, - 423
In felonies Attorney General, to have 4 challenges, 1821, ch.
24, s. 1. - - - - 423
Provision for jurors in Hiwassee, 1823, ch. 1, s. 1, - 423
When householders may serve in place of freeholders, 1&25,
ch. 82, s. 2, - - - - 424
Allowed for ferriages and tolls, 1829, ch. 4, s. 1, - 424
INDEX TO THE STATUTES#
Lxi
In homicide defendant to have 35, challenges, in other felonies
24, 1829, ch. 23 s. 75, - - 424
Provision made for jurors when they are not allowed to disperse,
1829, ch.45,s. 1, - - 424
In misdemeanors both parties, may challenge five, 1829,ch. 55,
s. 1, - - - 424
Grand jurors to be appointed for special terms, 1829, ch. 77, s. 1, 425
To ascertain value of property not delivered, 1831, ch. 25. s. 1, 129
Grand jury to report guardians, 1831, ch. 29, s. 2, - 373
County court to nominate jurors for circuit court, 1835, ch. 6, s. 8,425
Qualification of Jurors, how designated and pay, same, 425
Talisman kept more than one day to be paid, same, - 425
Construction of s. 8, of ch. 6,1835, ch. 18, s. 3, - 426
Incompetent to act if related in 6th degree, 1835, ch. 68, s. 1, 238
Jury cases to be first tried", 1794, ch. 1, s. 26, - 540
Jury to take out papers, 1801, ch. 6, s. 57, - - 540
Clerk to read over names, in civil cases, 1803, ch. 2, s. 5, 541
Jury of view when to make report, 1820, ch. 137, s. 2, - 545
justices. Appeal from judgment to circuit court, 1794, ch. 1, s. 54, 90
To summon witnesses to attend the circuit court, same, - 90
To issue subpoenas to appear before arbitrators, 1806, ch. 46,
s. 1, and 2, - - - 99
May issue attachments returnable to cpurt, 1794, ch. 1, s. 20, 102
One justice may issue attachment and proceedings to be sum-
mary same, s. 56, - 105
May issue attachment returnable before himself for $100,1835,
ch. 42, s. 1, - - - - 106
May take bail in criminal cases, 1831, ch. 4, s. 1 - 121
To examine woman with bastard child, 1741, ch. 14, s. 10, 123
To bind reputed father to court, same, s. 11, - 123
Not to examine woman before delivery, 1819, ch. 12, s. 1, - 123
When to issue alias execution on forfeited delivery bond, 1831,
ch. 25, s. 2, - - - 129
Two justices may grant certorari and supersedeas and how,
1801, ch. 7, s. 4, - - - 141
Justice may take affidavit of petitioner for certiorari, 1833, ch.
65, s. 1, - - - - 143
Two may grant certiorari &c. same, s. 2, - 143
One may administer oath to constable, 1741, ch. 5, s. 6, - 179
May direct precept to any other person in absence of constable,
same, s. 9, * - - 179
May summon jury of inquest incase of death by accident, 1825,
ch. 36, s. 4, - - - - 187
If defendant is discharged on examination, justice may tax, pros-
ecutor with costs, 1817^-ch. 100, s. 1, - - 193
Justice may administer to circuit judge, 1817, ch. 175, s. 7, 205
Three justices appointed to select jurors for special term of cir-
cuit court, 1827, cfr. 79, s. 6, - 206
May swear defendant to answer in chancery, 1801, ch. 6, s. 11, 216
May swear plaintiff to bill in equity, 1826, ch. 19, s. 1, - 221
Incompetency of justices from relationship, 1835, ch. 68, s. 1, 238
To issue warrant for prisoner escaped, 1777, ch. 8, s. 9, 286
INDEX TO THIS STATUTES.
Two justices competent to try Forcible entry and detainer,
1821, ch. 14, s. 25, - - - 347
May impose fine of $5 for gaming, 1799, ch.8, s, 2, - 356
To issue warrant to arrest persons suspected of gaming, 1833,
ch. 68, s. 1, - - - 361
Three justices may commit dangerous lunatic, 1797, ch. 41, s. 2,378
Three justices may supply vacancy in inspectors in certain
cases, 1801 ch. 5, s. 2, - - 398
May commit prisoner to any strong jail, 1817, ch. 17, s. 2, 412
May issue order for prisoner to another jail, 1819, ch. 9, s. 1, 412
Justice to examine person arrested for crime, 1715, ch. 16, s. 1, 426
To record examination and evidence, same, - - 426
To recognize prosecutor and witnesses, same, 426
Penalty for failure or nelect, same, - - 426
Penalty for entering on office without qualifying, 1794, ch. 1,
s. 41, - - - - 426
Not to vote when candidate for ranger, 1799, ch. 43, s. 1, 427
" Proceedings on bail warrant, 1801, ch. 7, s. 2, 382
Exempted from working on roads, 1804, ch. l,s. 8, - 229
To issue subpoena for witnesses before himself, 1804, ch. 1, s. 1,427
To keep judgments in possession, except in certiorari, or appeals,
1805, ch. 66, s. 1, - - 427
To issue execution on separate piece of paper, same, - 427
When justice to issue alias execution from another county, same,
s. 4, - - - - 295
On execution returned "not satisfied" may issue alias or plu-
ries, same, s. 6, - - - 295
To resign to county court, 1806, ch. 54, s. 1, - 428
May qualify justices of new counties, 1807, ch. 36, s. 2, - 428
When to carry up papers in appeals, 1811, ch. 119, s. 1, - 428
When to issue warrant for person keeping ordinary, 1811, ch.
113, s. 3, - - - 509
To return marriage license to county court, 1815, ch. 47, s. 1, 451
To give judgment for defendant for balance on set-off 1815, ch.
53, s. 1, - - - - 663
To have equity jurisdiction in cases under $50,1817, ch. 56, s. 1,428
When to discharge prisoner and tax prosecutor with costs, 1817,
ch. 100, s. 1, - - 429
To bind defendant over to court if guilty, same, - 429
Not to receive money on judgment, 1823, ch. 40, s. 1, - 429
Not to stay execution when judgment rendered by himself, same,
s.3, - - 429
If elected Sheriff or constable to resign as justice, 1823, ch. 42,
s. 1, - - - 429
Being trustee when not to vote, same, s. 3, - - 695
When to act as coroner, 1825, ch. 36, - - 187
To have jurisdiction over fines under stray laws, 1727, ch. 51,
s. 1, - - - 429
To have jurisdiction in damage, except slander, to $50, 1829,
ch. 24, s. 1, - - - - 429
In cases compromised after appeal, justices to issue execution,
1829, ch. 33, s. 5, - - 175
May take bail in certain cases, 1831, ch. 4, s. 1, - 121
Jurisdiction in endorsements to $100, 1831, ch. 59, s. 1, 430
INDEX TO THE STATUTES.
Lxiii
The same whether for cash or trade, same. s. 2, - 430
May jssue warrant without written order, 1833, ch. 7, s. 1, 184
Two to be elected, in each district, 1835 ch. 1, s. 3, - 255
Time and mode of election, same, s. 10, and 11, - 256
For misdemeanor to be indicted and removed, same, s. 14, - 430
If vacancy occur new election, same, s. 15, - 430
Not to act as deputy sheriff, same, s. 17, - 430
Jurisdiction on notes, &c. to $100, subject to appeal, 1835, ch.
17, s. 1, - - - 431
Jurisdiction on accouts, to $50, subject to appeal, same, s. 2, 431
To designate time and place for trying cases every month, same,
s. 3, - - - 431
Execution form to be returned in 30 days, same, s. 4, - 299
In case of death &c. of Justice to be returned before Justice
having the papers, same, s. 5, * - 431
Not to give security on motion against securities of constable
without copy of his bond, same, - - 432
One justice to do all acts which now require two, same, s. 6, 432
To keep a docket of nil judgments, same, s. 7, - 432
To keep an execution docket, same, - - 432
Alias execution not to issue until first returned or affidavit of
loss, same, - 432
Fees of justices, same, s, 8, - - 432
Warrants where returned, same, s. 9, - - 432
Two days to appeal or stay, same, s. 10, - - 433
Execution may issue sooner on affidavit, same, - 433
Papers relative to land levied on by execution from justice to be
returned to circuit court and recorded, same, s. 11, - 433
Oath of justice, same, s. 12, - 433
Not to sign blank warrants, same, s. 13, - - 433
Old justices to file papers with new ones, same, s. 14, - 433
New justices to issue process thereon, same, - 434
In eases of vacancy or absence three months papers to be deliv-
ered over and process issued same, s. 15, - - 434
When justice absent another may issue execution on his judg-
ment, same, - - - 434
Justice having papers to issue executions and give transcripts,
same, s. 16, - - - 434
Form of judgment and execution docket, same, s. 17, - 435
Former laws to remain in force, same, s. 18, - - 436
When present justices to go but of office, same, s. 19, - 436
By whom new justices to be qualified, 1835, ch. 18 s. 15, - 436
Indictable for marrying white to colored person, 1822, ch. 19,
s. 3, - - - 451
To give notice to court of orphans, 1815, ch. 115, s. 2, - 512
Jurisdiction under stray laws to $100, 1829, ch. 37, s. 21, 563
Power against sabbath breakers, 1741, ch. 14, s. 6. - 638
Execution when to be levied on by constable, 1786, ch. 14, s.
10. - 291
On sale of under execution, 20 days' personal notice or publica-
tion, 1799, ch. 14, s. 1. - - 293
Execution to be levied on in 12 months, same, s. 2. - 293
Defendant may divide land into lots, same, s. 3. - 293
Lxiv
INDEX TO THE STATUTES.
In what cases judgment is lien on land, 1831, ch. 110, s. 7. 119
How reached in hands of heirs and devisees, when chattels ex-
hausted, 1784, ch. 11. - - 375
May be levied on by execution from Justice, 1781 J, ch. 14, s. 10. 291
When to be sold by sheriff, when to be advertised, 1801, ch. 40. 436
May be sold without actual possession, 1805, ch. 11, s. 1. 437
Purchaser to have good title, same, s. 2. - - 437
Purchaser without written contract failing to keep land, liable for
use and waste, 1831, ch. 66, s. 1. - - 437
How lands of intestate partitioned, 1787, ch. 17, s, 1. - 514
How tenants in common may divide lands, 1789, ch. 24, s. 1. 514
How partitioned when intestate has given land without metes
or bounds, 1794, ch. 5, s. 4. - - 77
May be divided equally in value and not quantity, 1815, ch. 123,
s. 1. - - - 515
When land lies in two counties how partitioned, 1817, ch. 41,
s. 3. - - - 515
When land of intestate may be sold, 1827, ch. 54, s. 1. - 516
When tenants in common may have land sold, 1829, ch. 35, s. 1. 517
Land sold under execution may be redeemed in two years,
1820, ch. 11, s. 2. - - - 565
Land sold for taxes may be redeemed in one year, 1813, ch. 98,
s. 16. - - . 565
When to be reconveyed when redeemed, 1820, ch. 11, s. 3. 565
Lands sold under trust deeds redeemable, 1823, ch. 24, s. 2. 566
Lands sold under decree in chancery may be redeemed, 1832,
ch. 36, s. 1. - - - 567
When land sold under decree on credit not to be redeemed,
1833, ch. 47, s. 2. - 567
Decree in chancery a lien on land, 1833, ch. 92, s. 6. - 595
Soldier's claim to land how proceeded on, 1825, ch. 72, s. 1. 684
laws and What part of common law in force, 1715, ch. 31, s, 6. 437
statutes. What portion of English laws in force, same, s. 7. - 438
What laws to continue in force, 1778, ch. 5, s. 2. - 438
Statutes of jeofails ip force, 1794, ch. 1, s. 27. - 88
legacy & Manner of recovering legacies, 1762, ch. 5, s. 23. - 251
legatees#
tion of estates.) A charge of fornication or adultery actionable, 1805, ch. 6, s. 1, 349
libels. In indictments truth may be given in evidence under plea of not
guilty, same, s. 2. - - - 439
Landlord's lien on crop not affected by act of 1833, ch. 20, s. 3. 299
liens. jn what cases judgment is a lien on land, 1831, ch. 90, s. 7. 419
Of mechanics on house and lot for his labor, 1835, ch. 37, s. 1. 453
Of mechanics on boats, 1833, ch. 35. - 454
Decrees n chancery to be lien on land, 1833, ch. 92, s. 6. 595
On crop for rent, 1825, ch. 21, s. 1. - 600
Tax on taxable property a lien on said properry, 1813, ch. 98,
s. 3. - - - - 601
T , m. m,A» No book of accounts to be good evidence after five years from
o™n.. delivery of goods, 1756, ch. 4, s. 5. - " .
index to the statutes.
lxv
Limitation of personal actions, 1715, ch. 27, s. 5. - 439
Suit to be brought in a year after reversal, same, s. 6. - 440
Exception as to infants, femes covert, non compos, &c. same, s. 9.441
Creditor to sue in 7 years after death of debior. - 72
Act of limitation applies to all bonds, &c, after assignment,
1788, ch. 4, s. 5. - 441
Limitation of actions against administrators and executors, 1789,
ch. 23, s. 4. - - 75
Suits for property won at gaming, barred after 90 days, 1799,
ch. 8, s. 4. - - - 356
Writ of error limited to two years, 1799, ch. 12, s. 1. - 441
Exceptions as to infants, femes covert, &c. same. - 441
Seven years possession of land without suit a bar to all claims,
1819, ch. 28, s. 1. - - 442
Exception as to infants, femes covert, non compos, &c. same. 442
May sue in three years after removal of disability, same. 442
Cumulative disability not allowed, same. - 442
Suit to save the bar must be prosecuted with effect, same. 443
No person to sue after 7 years from the accruing of his right,
same, s. 2. - - - 443
Exception as to infants, femes covert, &.c, same. - 443
To sue in three years after disability removed, same. - 443
To sue in one year after removal of judgment, &c. same, s. 3. 443
This act not to apply in school lands, same. - 444
Suits against securities of officers limited to three years, 1823,
ch. 16, s. 1. - - - 444
Exceptions as to infants, femes covert, &c. same. - 444
Prosecutions for gaming limited to six months, 1824, ch- 5, s. 4. 444
Definition of phrase "beyond seas," 1827, ch. 75, s. 1. 444
Prosecutions for misdemeanors limited to 12 months, 1831, ch.
82, s. 1. - - 445
No writ of error from decree of chancellor after 12 months,
1835, ch. 20, s. 16. - - 232
Suit by mechanics in six months to secure lien, 1829, ch. 26, s. 2. 454
Damages for laying off roads to be applied for in nine months,
1796, ch.22, s. 4. - - 628
Papers of deceased accidentally lost, debts may be recovered on
lost in- petition by administrator, &c. 1787, ch. 18, s. 1 and 2. 74
steuments Manner of suing on lost instruments, 1819, ch. 27, s, 1. 447
How defendant may set up lost instrument in defence, same,
s. 3. - - - 447
Perjury to swear falsely in such cases, same, s. 5. - 447
Court to require bond of indemnity against lost instruments,
same, s. 6. - - - 448
Penalty for drawing lottery, 1809, ch. 39, s. 1. - 445
lotteries. Sales of property by lottery void, same, s, 2. - 446
Defendant to be imprisoned if unable to pay penalty, same, s. 3. 446
All laws authorizing lotteries repealed, 1835, ch. 47, s. 1. 446
Misdemeanor to draw lottsry, $1000 fine, and three months im-
prisonment, same, s, 2. - - 446
Punishment for selling tickets, same, s. 3. - 446
Punishment for printing schemes, same, s. 4. - ' - 446
LXvi
index to the statutes.
Subject to the acts against gaming, same, s. 5.
Attorney-General tax fee, $20, same, s. 0.
When this act to take effect, same, s. 7.
446
446
446
mandamus. Power of circuit judge in issuing writs of, 1831, ch. 51, s. 1. 448
Return of writs when made, same, sk 2. - - 484
Whert third persons are interested to be notified, same, s. 3, 448
Of the trial of issues in such cases, same, s. 4, - - 448
When such third persons are non-residents publication to be
made, same, s. 5. - - - - 449
Such third persons liable for costs, same, s. 6, - 449
When court to order a peremptory mandamus and when to dismiss
petition, same, s. 7. - - - - 449
Costs and fees same as in other cases, same, s. 8. - 449
Marriage. Feme solo's marriage not to abate suit by or against her, 1819,
ch. ir,s. 1—3, 66
Penalty on clel-k for issuing license to white man to marry negro,
1822, ch. 19, s.4, 150
Person guilty of adultery and divorced therefor not to marry
the person with whom committed, 1835, ch. 26, s. 7. - 259
What to be good proof of marriage on indictment for polygamy,
1729, ch. 23, s. 16, 318
No marriage without license or publication of banns, 1741, ch. 1,
s. 3, 449
Penalty on minister or justice for marrying against this act, same, 449
Servants not to marry, nor free person with servant without
certificate, same, s. 7, - - - - 450
Ministers and justices authorized to solemnize rites of, 1778,
ch. 7, s. 2, - - - - - 450
Minister's fee, same, - - 450
Clerk of County Court to issue license, same, s. 3, - 450
To take bond in $1250, same, ... 450
His fee 50 cents, same, - 450
Publication of banns, same, s. 4, - - - 450
Penalty on minister or justice marrying contrary to this act,
same, s. 5, - - - - 450
Penalty on clerk for issuing license in any other way, same, 451
License to be returned to Clerk in 6 months, 1815, ch. 47, s. 1, 451
License and certificicate good evidence of marriage, same, 451
Penalty for white person marrying one colored, 1822, ch. 19,
s. 1, - - - - 451
Penalty on minister or justice in such case, same, s. 2 - 451
Such marriage void, and penalty on white person for living with
colored person, same, s. 3, - - • - 451
Penalty on Clerk for issuing license in such case, same, s. 4, 150
Certain persons j rotected from the penalties of the act of 1829,
ch. 23, s. 18, against incest. 1831, ch. 70, s. 1 - 452
Marriage settlements when to be proved and registered, 1785,
ch. 12, s. 1, - - - - - 577
marriage Not good against creditors for more than wife's estate and that of
contracts. husband when married, 1785, ch. 12, s. 2, - 452
Proof to be made by claimants under the contract, same, 452
Legacies &c. to be taken as property received by wife, same, 452
INDEX TO THE STATUTES*
Lxvii
MASONIC
LODGES.
MECHANICS.
May own lot for house, 1817, ch. 154,
453
MEDICAL
SOCIETY.
MESNE
PROFITS.
MILITIA.
To have lien on house and ground in towns, 1825, ch. 37, s. 1, 453
Lien good against all claims but judgments of older date, same, 453
Lien to continue one year, same, s. 2, - - 453
Lien to be enjoyed by all who in part build or furnish materials,
1829, ch. 26, s. 1, - 443
Lien to operate in any part of Davidson County, same, s. 2, 454
Suit to be brought in six months, same, - - 454
Lien given on boats for work or materials, 1833, ch. 35, s. 1, 454
Mode of collecting debts contracted for boat, same, s. 2, 454
Duty of sheriff in retaining possession of boat, same, s. 3, 454
Suit to be in name of creditors, same, s. 4, - 454
Any two or more creditors may join in suit, same, s. 5, - 455
Judgment against the securities in defendant's bond; if no bond,
boat to be sold, same, s. 6, - - 455
After s'eizure no other can attach, but may become parties, same,
s. 7, 455
May attach, but subject to prior liens, same, s. 8, - 455
Proceeds how distributed, same, s. 9, - - 455
Bond to be taken to prosecute with effect, same, s. 10, 455
Provisions of act of 1825, ch. 37, extended throughout the State
^ 1835, ch. 40, s. 1, - - - - 455
Physicians appointed from board, 1829, ch. 80, s. 1. - 456
To elect President and other officers, same, s. 2. - 456
May sue and be sued, s. 3. - - 456
May elect members, s. 4. - - 456
May enact laws and regulations, s. 5. - . 456
When to hold first meeting, s. 6. - » 457
Censors to be elected, s. 7. - - • 457
Their term of service and duties, s. 8. - - 457
Penalty on censors for refusing to examine, s. 10. - 457
Fee to be paid by licensed person, s. 11. - » 457
May levy contributions, s. 12. - - 457
One censor may grant tei uporary license, s. 13. • 457
Subject to control of legislature, s. 14. - ~ 457
When plaintiff in ejectment may claim, 1813, ch. 24, s. 1, 267
None but after suit or notice, same, ... 267
Jury to find value of, same, s. 2, - - * 267
Act of 1813, ch. 24, extended to Hiwassee, 1827, ch. 46, s. 1, 269
Mesne profits may be Set-off, same, s. 2, - - 270
Persons subject to military duty, 1835, ch. 21, s. 1. - 458
Persons exempt from military duty, same. - 458
Companies established and their officers, s. 2. - 458
Field officers to lay off companies, same. - - 458
Election of company officers, s. 3. - - 458
Election of company officers how conducted, same, s. 4. 459
By whom commissioned, same. - - 459
Time and manner of contesting elections, same. * 459
Times of mustering, same. - - 459
Lxviii
mbjtx to thb statu rita*
Field officers to lay off regiments and battalions, s. 5. 459
State divided into regiments, same. - - 459
Regimental officers and their election, s. 6. - 490
Vacancies in regimental officers how filled, s.7. - 401
Who to decide in case of tie, same. - - 401
Contested elections, same. - - - 401
Place of regimental and battalion musters, s. 8. - 402
Field officers of Fentress county, s. 9. - - 402
Battalion musters when held, &c. s. 10. - - 402
Regimental musters when held, &c. s. 11. - - 402
Commissioned officers to be drilled, s. 12. - - 402
Regiments may be divided into three battalions, same. 402
In Obion exempt from regimental and battalion musters, s. 13. 403
Brigadier General's election, duties, &.c. s. 14. - 403
Vacancy in Brigadier's office how filled, s. 15. - 403
How certified, and to whom in case of tie, same. - 403
Time and manner of contesting election, same. - - 403
Duty of Brigadier in reviewing regiments, same. - 404
State laid off into brigades, s. 16. - 404
State laid off into divisions, s. 17. - - 40)4
Election of Major Generals, s. 18. - - 404
What officers may act on certificate of elections, s. 19. - 465
Militia exempt from tolls, ferriages, &c. s. 20. - 465
To be eligible for re-election,s. 21. - - 405
Of volunteer companies, s. 22. - 405
Cav airy companies, s. 23. - 466
When present officers to go out, s. 24. - - 406
Sheriffs, constables, &c. indictable for failure to perform duties,
s. 25. - - - - 466
Militia law to be printed, s. 26. - - 406
Governor to be commander in chief—his staff, compilation, s. 1. 408
Major General's staff, s. 2. - . - 408
Brigadier General's staff, same. - - 408
Company officers, same. - - 408
Inspector General to be appointed, s. 3. - - 468
Assistant inspector, s. 4. ... 408
Brigade surgeon, s. 5. - - - 468
Inspector's returns how made, s. 6. - - 408
Officers and privates to attend musters, s. 7. - - 469
Officers to be drilled by adjutant, s. 8. - - 409
Judge Advocate and provost marshal, s. 9. - - 469
Judge Advocate to take oath and give bond, s. 10. - 469
Duties of Judge Advocate, s. 11. - - 409
How persons to be discharged from military duty, s. 12. 469
Residence of militia man in his place of lodging, same. 469
Company returns how made, s. 13. - - 470
Regimental returns how made, s. 14. - - 470
Brigade returns, s. 15. - - 470
Division returns, s. 16. - - 470
Delinquencies in making returns, same. - 470
Rate of fines for neglect of duty, s. 17. - - 470
Penalty for disorder and mutiny, s. 18. - . 471
Captains to make rosters of their companies, &c. s. 19. 471
Judge Advocate to make settlement, s. 20. - 471
INDEX TO THE STATUTES. Lxix
Drum and fife major's duty and pay, s. 21. - 471
Adjutants' duty and pay, s. 22. - - 471
Commandants of battalions and regiments to superintend, s. 23. 471
Duty of subalterns, s. 24. - - 472
Regimental courts martial how held, s. 25. - 472
Battalion courts martial, same. - - 472
Company courts martial, same. - - 472
Judge Advocate to issue execution, s. 26. - - 472
Persons fined may appeal, s. 27. - - 473
Regiments how divided, s. 28. - - 473
Rights of volunteer companies secured, s. 29. - 41®
Judge Advocate and Provost Marshal for special court martial,
s. 30. - - 473
Causes of arrest and trial, s. 31. - - 473
General court martial, s. 32. - - 473
Division courts martial, s. 33. - - 473
Brigade courts martial, s. 34. - 473
Regimental court martial, s. 35. - . 473
Court to act if a majority attend, s. 36. - - 473
Sentence how to be approved, same. - - 474
Grade of officers in what courts tried, s. 37. - 474
Court martial how organized, s. 38. - - 474
Decision how appealed from, same. ■ - 474
Mode of procuring arrest, s. 39. - - 474
Commandants of regiments to call courts, s. 40. - 475
Major Generals to make requisitions on brigades and reviews,
s.41. - - 475
Brigadier to make detail on regiments, s. 42. - - 475
Commandants of regiments in companies, s. 43. - 475
Duty of commanding officers in invasion or insurrection, s. 44. 475
Substitutes may be received, s. 45. - - 475
Requisition of Governor evidence of invasion, s. 46. - 476
Term of service, s. 47. - - 476
Rank of offices, s. 48. - - - 476
Militia to serve in case of invasion, s. 49. - - 476
Duties of Adjutant-General, s. 50. - - 476
Duties of Quartermaster-General, s. 51. - - 476
Fines for not serving when called on duty, s. 52.4 - 476
Liabilities of parents, &c for minors, same. - - 477
Oath to be taken by officers, s. 53. - - 477
Contested elections how decided, s. 54. - - 477
Causes of removal from office, s. 55. - - 477
Who entitled to credit of term, s. 56. - - 478
New regiments may be made by field officers, s. 57. - 478
Arms exempt from execution, s. 58. - - 478
Volunteer companies how raised, s. 59. - - 478
How armed and times of muster, s. 60. - - 478
Rifle companies, s. 61. - - 479
Companies not to be reduced below lawful number, s. 62. 479
Numbered by regiments and detailed by companies, s. 63. 479
No person to withdraw without consent of commandant, s, 64. 479
Uniform of officers," s. 65. - - 479
Uniform of volunteer companies, s. 66. - - 479
Commissions of officers, s. 67. - 479
LXX
INDEX TO THE STATUTES.
Fines when paid, s. 68. 479
Manner of collecting fines, s. 69. - - 4N0
Governor to number regiments, s. 70. • 4S0
Volunteer companies to make by laws, s. 71. - 380
Troops of cavalry to be raised, s. 72. - - 480
How cavalry company equipped, s. 73. - - 481
Cavalry company returns, s. 74, - - 481
Penalty for neglect in making returns, s. 75. - 481
Fines how applied, s. 76. - - 481
Not to be enrolled without certificate and uniform, s. 77. 481
To choose their own uniform, s. 78. - - 481
How commissioned, s. 79. ... 481
Penalty for not attending musters, s. 80. - - 481
Cavalry officers to have three months to equip themselves, s. 81. 482
Time of regimental muster, s. 82. . - 482
Withdrawal from company, s. 83. - - 482
Cavalry to be called out by companies, s. 84. - 482
Cavalry called out as mounted gunmen, s. 85. - 682
Troops of cavalry how raised, s. 86. - - 482
Brigadier General when to appoint person to raise cavalry com-
pany, s. 87. - - 483
Execution for fines how issued, s. 88. - - 483
Duties of Brigade Inspector, s. 89. - - 483
Duty of Adjutants, s. 90. ... 483
Commandants to report delinquents, s. 91. - 483
Apprentices' arms, s. 92. - - 183
Fublic arms how drawn for use of companies, s. 93. - 483
Delinquents may make affidavit for court martial, s. 94. 484
Commandants of regiments to certify to clerks, s. 95. . 484
Powers of cavalry court martial, s. 96. - - 484
Judge Advocate how to settle, s. 97. - - 484
Execution when to issue by Judge Advocate, s. 98. - 484
Limits of fines to be imposed by courts martial, s. 99-100. - 484
Proportion of arms to be deposited at Knoxville, s. 101. 484
Duty of Quartermaster-General, s. 102. • - 485
Proportion at Jackson, s. 103. - - 585
Duty of Governor, s. 104. - - 485
Absentees from muster when not to be noted, s. 105. - 485
Costs of contested election how paid, s. 106. - 485
When regiment to pay costs, s. 107. - - 485
Judge Advocate to issue subpoena, s. 108. - - 485
Provost Marshal to execute subpoena, s. 109. - 486
Duty of witnesses, their pay, &c. s. 110. - 586
Penalty for failing to attend, s. 111. - - 486
mills and All water mills that grind for toll deemed public mills, 1777, ch.
MILLERS. 23, s. 1. - - - 486
Owner of land on one side muy petition court to condemn land
on the other side, same, s. 2. - - 486
Petitioner to pay the value of the land condemned, same, s. 3. 487
Not to allow mill in two miles on same tract, same, s. 4. 487
Not to overflow other mill or create nuisance, same, s. 5. 487
Mill to be begun in one and finished in three years, same, s. 7. 487
Exception as to minors, &c. repairing mill, same, s. 7. 487
Appeal allowed from order condemning land, same, s. 8. 487
index to the statutes.
To grind in turn and rate of toll, same, s. 10. - 487
May grind own grain when he pleases, same. - 487
What measures to be kept and penalty for keeping others, same,
s. 11. ... 487
When suit brought for damages from overflowing of dam no more
costs than damages, 1811, ch. 91, s. 1. - 487
Judgment how given, same, s. 2. - - 488
Millers exempted from juries, roads and musters, 1819, ch. 23, s. 1, 4S8
Size and description of flour barrel, 1819, ch. 61, s. 1. 488
Millers to use distinct brand marks, same, s. 2- - 488 '
Penalty for exporting flour without brand marks, &c. same, s. 3. 489
Forfeiture recoverable before Justice, same, s. 4. - 489
What shall be the size of flour barrel, 1821, ch. 4, s. 1. _ 489
Timber to be cleared from mill ponds, 1829, ch. 76. - 493
Vacant lands may be entered for mills in W. T. 1833, ch. 25,
s. 1. - - 489
What shall be authority for surveyor, same, s."2. - 490
Exempted from militia duty, 1835, ch. 21, s. 1. - 458
mill dams. Not to interrupt navigation, 1835, ch. 29, s. 4. - 137
Privilege of erecting vested in county court, same, s. 1. - 203
When no more costs for damages for overflowing land, 1811, ch.
91,s.l. 488
misdemba- Prosecutors in to have no compensation, 1829, ch. 100, s. 3. 194
nors. Prosecutions in limited to 12 months, 1831, ch. 82, s. 1. 445
To draw lottery a misdemeanor, and how punished, 1835, ch.
47, s. 2. - - .446
Keeping false weights and measures subject to fine, 1741, ch.
17, s. 8. - - - 703
Sending slaves to hunt by fire indictable, 1784, ch. 33, s. 3. 341
Penalty for breaking up and disturbing elections, 1799, ch. 17,
s. 1. - - - 490
Burning flax, fences, &c. or throwing down fences, 1803, ch. 9, s. 1,409
Killing or wounding stock, same, s. 2. - 490
Destroying fruit trees or growing corn, same, s. 3. - 491
Gaming made indictable, 1803, ch. 12, s. 2. - - 357
Constable or sheriff bidding at his own sale, 1805, ch. 31, s. 1. 180
Punishment for aiding prisoner to break jail, 1807, ch. 73, s. 12. 491
Injuring water pipes, 1809, ch. 5, s. 5. - 491
Indictable to beat slave of another wantonly, 1813, ch. 56. 678
Minister or justice indictable for marrying white to colored per-
son, 1822, ch. 19, s. 3. - - 451
Clerk indictable for issuing license, same, s. 4. - 451
Treating by candidates prohibited under penalty, 1823, ch. 25,
s. 1. - - - 491
Betting on elections prohibited, same, s. 2. - 492
Indictable to pass change bills, 1723, ch. 62, s. 1. - 147
County trustee indictable for notreporting to court, 1825, ch. 51,
s. 11. - - 695
To bring free person of color to this state for sale, 1826, ch. 22,
s. 6, - - - 355
Penalty for throwing dead body of animal into well or spring,
1826, ch. 37, s. 1. • 492
iiXxii
INDEX TO THE STATUTES.
Certain officers indictable for neglect of duty, 1827, ch. 49, s.
29. - - 492
Penalty for pretending to be agent of school commissioners to
receive rent, 1827, ch. 77, s. 2. - - 492
Certain officers punishable for speculating in county claims,
1829, ch. 28, s. 1. - 493
Selling liquors to slaves without written permit, 1829, ch. 74,
s. 4, - - - 493
Persons erecting dams west of Tennessee river to remove timber,
1829, ch. 76, s. 1, - - - 493
Penalty for failure, same, s. 2. - - 493
Humphreys and Perry excepted, same, s. 3. - 493
Penalty for not keeping turnpike or toll bridge in repair, 1831,
ch. 42, s.l. - - - 494
Penalty for officer to open tickets at elections, 1831, eh. 98, s. 1. 494
Persons permitting slaves to practice medicine, Ac. 1831, ch.
103, s. 3. - - - 692
Trading in county claims not indictable when taken at their nom-
inal value, 1832, ch. 33, s. 1. - - 494
Act extended to state claims, same, -s. 2, - 494
Taking persons of color in stage or steam boat, 1833, rh. 3, s. 1, 494
Indictable to obstruct, &c. turnpi'ce roads, 1833, ch. 96, s. 1, 697
Justices and constables how pun shed for crimes, &c. 1835, ch.
1, s. 14, 430
Indictable to put up false sign boards on roads, 1835, ch. 24, s. 1. 637
Lotteries prohibited and indictable, 1835, ch. 47 - 446
Fine for usury, 1835, ch. 50, s. 6. - - 495
Penalty for taking illegal toll at gates, 1835, ch. 54, s. 2. 698
Fines and forfeitures to go to county treasury, 1835, ch. 55, 339
Penalty for free negroes selling liquors, 1835, ch. 57, s. 1, 495
Penalty for giving or loaning gun to negro, 1835, ch. 58, s. 2, 496
Owner of boat or stage when not punishable for negro getting a
board, 1835, ch. 62. - - 490
Proprietors of turnpikes or toll bridges indictable for not repair-
ing, 1835, ch. 66, s. 1, - 698
Indictable to impede or injure navigation, 1835, ch. b8, s. 1. 496
To be given in charge to grand jury, same, s. 2, - 498
Failure to surrender notary's seal a misdemeanor, 1835, ch. 11,
s. 6, - - 502
Retailing without license indictable, 1811, ch. 113, s. 2, 508
Carrying liquor in 1 mile of public worship, 1824, ch. 3, s. 1. 559
Selling provisions in 1 mile of worshiping assembly, 1833, ch.
90, s. 1. . - - 560
Judgments and verdicts must be in dollars and cents, 1798, ch.
MONET. 19j S- _ 496
Pounds, shillings and pence in the statutes estimated at 8 shil-
lings to the dollar, &c. 1827, ch. 8, s. 1. - - 497
Indictment good when expression is altered from pounds, &c. to
dollars, same, s. 3. - - 497
MORTGAGES
When more than one, subsequent may redeem, 1715, ch, 58,
s. 12, . 497
In such cases mortgagor not to redeem, same. - 497
mDEX TO THE STATUTES. LXxiii
Widow not barred of dower by mortgage, same, s. 13. 497
When suit is brought on land seoured by mortgage, if money is
paid or tendered, debt discharged, and reconveyance by or
der of court, 1789, ch. 41, s. 1, r 497
When ejectment is brought for mortgaged land, if money is paid,
court to order reconveyance, same. - 497
Not to apply to certain cases, same, s. 2. - 498.
motion. Judgment by cognizable only in circuit court, 1835, ch, 5, s.10, 211
Judgment by motion against sheriff for failing to return execu-
tion on 2nd day of term, 1803, ch, 18, s. 1, - 294
Judgment against sheriff, &c. for permitting defendant to go at
large, same, s. 3. - - 294
Motion against constable for not returning execution in 30 days,
1835, ch. 17, s. 4. - - 299
Motion against sheriff for not returning execution, or making
false return* 1835, ch. 19, s. 6, - - 309.
In what courts motion may be made, same. - 300
On prison bounds bond when prisoner escaped, 1759, ch. 14,
s. 2. - - - - 542
Motion against sheriff for not paying over fines, &c. 1827, ch.
49, s. 8. - 620
Against overseer of road for refusal to act, 1804, ch. 1, s. 10. 630
Security may have judgment against principal or co-security,
1801, ch. 15, s. 1 and 2. - - ■- 651
Security may have judgment against principal at the time of
judgment against him, 1809, ch. 69, s. 1. - 653
Security may have judgment against co-security, same, s. 2. 653
Of sheriff or clerk against a deputy, 1829, ch* 41, s. 1. - 670
Of motion against deputy sheriff or clerk by other person, same,
s. 2, - - - 670
Stayor to have judgment by motion as principal, 1835, ch. 41, s. 3, 686
ames Of Illegitimate children may be altered on application to court,
xnamna. 18q^ ch^ ^ _ _ 499
Applicant to make children heirs, same, - - 499
Clerk's fee one dollar, same, s. 3, - - - 499
Petition to be preferred to court, same, s. 2, - 499
Circuit court may alter name of any person, 1827, ch. 16, s. 1, 499
Person may be known by such altered name, same, s. 2, 499
Clerk's fee for services, same, s. 3, - - 499
naturali- J^cts Congress on Naturalization, - - 27
tion»
navigation ^ot to ke interrupted by bridges, mill dams, fisfy dams &c.,
1835, ch. 29, s. 4, - - - 137
ne exeat. May be granted by circuit judge, 1835, ch. 41, s. 9, - 228
negotia- All bills, bonds and notes for money negotiable 1786, ch. 4,s. 1, 499
bility. Endorser or assignee may bring debt, 1789, ch. 57, s. 3, 500
new trial. NQt more than two new trials to same party, 1801, ch. 6, s. 59, 500
txxiT
INDEX TO THE STATUTES.
On motions for subpoBnas may be had for witnesses, 1823, ch. 54,
s. 6, - - - 500
NOLLE PRO-
SEQ.UI.
NON EST
fACTUM.
NOTARY
PURLIC.
NOTES.
(See Bonds,
Negotmhiiity.
Joint liability.)
When entered defendant to have judgment for costs, 1813, ch.
131,s.4, - 192
Not to be entered without consent of court, 1813, ch. 136, s. 4,541
Plaintiff may enter nolle prosequi at any time as to one or more,
1835, ch. 87, s. 1, - - 542
No plea of but on oath, 1801, ch. 6, s. 55, - - 501
Execution of note or bond not to be denied but on oath, 1817,
ch. 86, s. 2, - - - - 501
Execution of no instument denied but on oath, 1819, ch. 27, s. 4, 501
No drawer, endorser, or acceptor to deny signature but on oath,
1819, ch. 42. s. 1, - - 501
Executor or administrator excepted, same, - 501
Two may be appointed by county court for each county, 1835,
ch. 11. s. 1, - - - - 502
There may be three in Davidson, same, - - 502
To give bond and take oath, same, s. 2, - 502
To keep office at county town, same, s. 3, - 502
To be commissioned by Governor, same, s. 4, - 502
His official acts good evidence, same, s. 5, - 502
In case of death or resignation seal to be surrendered, same, s. 6, 502
Failure to surrender a misdeameanor, same, - 502
Deposition of may be taken at any time same, s. 7, - 502
Certificate of notary prima facie, evidence of notice, 1820, ch.
25, s. 4, - - - 503
If he be dead entry of notice on his book good, same, - 503
Assignee of note for specific articles may sue in his own name,
1801, ch. 6, s. 54, - - - 130
Suit against maker and endorsor may be joint or several, 1820,
ch. 25, s. 1, - - - - 416
Cost of protsst to be recovered, same - - 416
Recovery may be against one, if not all, same, - 416
Execution against maker and endorser to be first made out of
maker, 1820, ch. 151, s. 6, - ► - 416
Counterpart not to be served on maker or drawer, 1827, ch. 75,
s. 2, - - - 417
Made negotiable, 1786, ch. 4, s. 1, - - 499
Execution of not to be denied but on oath, 1817, ch. 86, s. 2, 501
Suits may be maintained on, 1762, ch. 9, s. 2, - 550
Made negotiable as inland bills, same, - - 550
How suit brought or when lost, 1819, ch. 27, s. 1, - 447
Plaintiff to make profert of note, same, s. 2, - 551
Making or endorsing only denied on oath, 1819, ch. 42, s. 1, 501
Judgment against maker and endorser first made out of maker,
1820, ch. 151, s. 6, - - 416
NOTICE.
Party praying for writs of error to give 10 days notice, 1794,
ch. 1, s. 54, - - - - 90
Notice of ten days on petition for dower, 1784, ch. 22, s. 10, 263
index to the statute*.
lxxt
Jurors to lay off dower to have 10 days notice, 1815, ch. 85, s. 1,264
In petitions for dower notice may be personal or by publication,
1835, ch. 19, s. 12, - - 265
Twenty day's notice of sale of land under execution 1799, ch.
14, s. 1, - - - - 292
Forty days sufficient notice of sales in Gazette, 1805, ch. 50, s.
5, - - - 294
Five days notice on motion against constable before justice for
not returning execution, 183f ,ch. 17, s. 4, - 299
Whit notice, when depositions of infirm persons or those leav'ng
the state are taken, 1794 ch. 1, s. 30 and 31, - 243
What notice to take the depositions of judges, clerks, physicians
&c. 1817, ch. 189, - - 245
Sheriff to serve notice to take depositions, 1817, ch. 199, s. 5, 503
His fee fifty cents, same, - 503
In motion cases sheriff to serve notice, same, s. 6, - 503
Certificate of notary prima facie evidence of notice, 1820, ch.
25, s. 4, - - - 503
If notary be dead entry on book good evidence, same, - 503
Depositions to be taken on notice and clerk to determine on whom
notice to be served. 1824, ch. 6, s. 2, - - 504
Suit against drawer of order not to be brought until after protest
and notice, 1762, ch. 9, s. 5, - - 506
Ten days notice or three publications in partition, 1799, ch. 11,
s. 1, - - - 515
Fifteen day's notice or publication to heirs when commissioners
for partition may assign dower, 1823, ch. 37, s. 1. - 516
Ten days notice on motion on prison bonds bond, 1759, ch. 14,
s. 2, - - 542
On motion against Sheriff for not paying over fines &c. at return
term no notice required, 18*27, ch. 49, s. 8, - 620
Ten days notice at subsequent term, same, - - 620
Three days notice for working on road, 1804, ch. 1. s. 10, - 630
Security may give notice to holder of note &c. to sue, 1801,
ch. 18. s. 1, - - - - 651
Notice to be proved by two witnesses, same, s. 4, - 652
Five days notice when securities of Sheriffto be released, 1815,
ch. 14, s. 1, - - - - 653
Ten days notice when securities for prosecution of suit to be
released, 1822, ch. 42, s. 1, - - - 654
Twenty days notice when securities of entry taker and survey-
or to be released, 1824, ch. 9, s. 1, - 655
Thirty days' notice when security in ejectment to be released,
1827, ch. 18, s. 5, - - - 656
Ten day's notice for release of securities of ranger, constable
or trustee, 1829, ch. 15, s. 1, - - 656
Ten days' notice for release of securities of guardian, same, s. 2, 657
Twenty days' notice for release of securities of deputy surveyor,
1829, ch. 32, s. 1, - - .657
Set off to be pleaded or notice given, 1756, ch. 4, s. 7, - 662
Ten davs' notice on motion of sheriff or clerk against deputy,
1829, ch. 41, s. 1, - - - 670
Ten days' notice on motion against deputy sheriff or clerk same,
s.2, - 670
Stayor to give 2 days notice to be released, 1835, ch. 41, a. 2, 685
Lxxvi
index to the statutes.
Ten days' notice on motion against treasurer, 1807, ch. 66, s. 5, 689
Notice to take depositions of witnesses as court may direct,
1794, ch. 1, s. 30, - - - 243
Ten days' notice when witness about to leave state, same, 8.31, 243
What notice in taking depositions of Governor Judge &c. 1817,
ch. 189, s. 2, - - - 245
oaths. Manner of administering oaths, 1777, ch. 4, s. 2, - 504
With uplifted hand, form of oath, same, S. 3, - - 504
Affirmation of Quakers, Moravians &c. same, s. 4, - 505
Oath against dueling, 1817, ch. 84, s. 1, - - 505
Oath by applicant for tippling license, 1832, ch. 34, s. 2, 510
Additional oath by retailer and tayern^keeper, 1835, ch. 25, s. 1,. 511
To be taken by officers in Penitentiary, 1829, ch. 38, s. 37, 528
Oath of tax collectors, 1835, ch. 15, s. 1, - - 621
Oath of Jury of view, 1804, ch. 1, s. 3, - - 629
Oath of Secretary of state, 1796, ch. 2, s. 1, - - 949
Oath of Sheriff, 1777, ch. 8, s. 2, - - 663
Oath of Standard keeper, 1803, ch. 11, s.2, - - 704
Oath of constable, 1741, ch. 5, s. 2, - - 179
orders, in writing good against drawer and acceptor, 1762, ch. 9, s. 4, 505
No suit against drawer until after protest and notice to drawer,
same, s. 5, - - - - 506
Not to be denied by drawer but on oath, 1819, ch. 42, 501
ordinaries m . , „ .
& tippling Tavern keeper to put up sign m one month after getting license,
houses. 1767, ch. 8, s. 16, - - - 506
Penalty $5 a month for not putting up sign, same, - 506
Retailers to sell by sealed measures, 1779, ch. 10, s. 2, - 506
No one to retail without license, same, s. 6, - - 507
To give bond and security, same, s. 4, - - 507
Form and condition of bond, same, - - 507
Anyone may sue for penalty on breach, same, - 507
Clerk to give license for one year, same, s. 5, - - 507
To forfeit license for entertaining servants, slaves &c. s.j6, 507
During suspension not to retail, same, s. 7, - - 507
County court to rate prices of fare once a year, same, s. 8, 507
Keeper to set up copy of fare in one month, same, - 507
Clerk's fee for copy of fare, $1, same, - - 507
Penalty on keeper for failure $2.50, same, - - 508
To forfeit $1.25 for over charging, same, s.9, - - 508
Not to sell more than $25 of liquor to sailor, same, s. 10, 508
Nor more than $50 to any person on credit, same, - 508
Fines and penalties how appropriated, same, s. 11, - 508
An person may sell by quart and larger quantities, same, s. 12, 508
How to obtain ordinary license, 1811, ch. 113, s. 1, - 508
Retailing without license indictable, same, s. 2, - 508
Duty of constable to prosecute all retailers in their district, same,
jjuLv* s. 3, - - - - - 509
Constable to be removed for failure to prosecute, same, s. 4, 509
No license required for keepers of houses of private entertain-
ment, same, - - - 509
Applicants for license to take outh against gaming in their hous-
es, 1817,ch.6l,s. 5, - 509
index to thb statutes.
Lxxvii
Proof necessary to be made to get license, 1823, ch. 33, s. 1, 509
Penalty for retailing without license, same, s. 2, - 509
Persons may retail where election is held, 1827, ch. 15, s. 1, 510
License to retail granted for $25, 1731, ch. 80, s. 1, - 510
To give bond to keep orderly house and no gaming, same, 510
Money to be paid over to common schools, same, s. 2, - 510
Clerk's fee for license, 50 cents, same, s. 3, - - 510
No person to retail without license, 1832, ch. 34, s. 1, - 510
Oath to be taken by applicant for license, same, s. 2, - 510
Tax for ordinary and tippling license, 1835, ch. 13, s. 4, 603
License to retail liquors for $25, 1835, ch. 25, s. 1, 511
Oath to be endorsed on license, same, - - 511
All the partners to take oath, same, - - 511
Tavern keeper to take oath of retailer, same, s. 2, - 511
Bond to be taken and its forfeiture, same, s. 3, - v 511
How commissioners to settle with clerk, same, s. 4, - 511
orphans. Guardian to be appointed for, aud their duties, 1762. ch. 5, 366
When to be bound out to trades, same, - - 366
Penalty for harboring or concealing any orphan, 1784, ch. 34 s. 5, 512
County court on information to bind out orphan, 1815, ch. 115,
s. 1, - - - - - 512
Every justice to give notice of orphans, same, s. 2, - - 512
Attorney General to attend to this act, same, s. 3. - 512
overseers. To have his wages, if he quits before time is out, 1741, ch. 24,
s. 26, - . - - - 513
paper mills Persons employed in, not subject to military duty, 1809, ch. 59,
s. 1, . - - - 513
Owners of, may peddle for rags, 1811, ch. 126, s. 1, - 513
partition. Proceedings for the partition of real estate of aa intestate, 1787,
ch. 17, s. 1, - - - - - 514
Compensation to commissioners, same, s. 2, - - 514
How tenants in common may have lands divided, 1789, ch. 24,
s. 1, - . - - - 514
How partitioned where deceased person has given an obligation
for undivided part, 1794, ch. 5, s, 4, - - 77
Notice to be given before presenting petition, 1799, ch. 11, s. 1, 515
Publication three weeks or ten days notice, same, - 515
Partition binding on such notice or publication, same, s. 2, 515
Commissioners may divide equally in value and not Quantity,
1815, ch. 123, s. 1, - - . 515
Where lands lie in more counties than one, 1817, ch. 41, s. 3, 515
When commissioners may assign dower, 1823, ch. 37, s. 1, 516
Publication or notice of 15 days to heirs, same, - - 516
Report to next term and compensation, same, s. 3, - 516
When land cannot be equally divided &c. maybe sold on bill filed
1827, ch. 54, s. 1, 516
Proceeds of sale to be divided, same, s. 2, - - 516
Court to direct the investing of funds of minors, same, s. 3, 516
Suit to be as other equity suits, same, s. 4, - - 5i7
Lxxviii
INDEX TO THE STATUTES*
When and how tenants in common may have land sold, 1829,
ch. 35, s. 1, - . - - 517
Petition not to be filed until after three months publication, 1831,
ch. 67, s. 2, - - - - 517
Circuit and chancery courts have concurrent jurisdiction of,
1835, ch.20, s. 1, - - 4 - 230
patrols & To search once a month for guns, 1779, ch. 7, 3, - 517
searchers. Slaves found off of plantation when to be apprehended, same, 518
Captains of companies to appoint patrols, 1806, ch. 32, s. 5, 518
Their duties and powers, same, r 518
Town commissioners to appoint patrols, same, s. 6, - 518
Their power in searching and their duties, same, - 518
Towns to be so laid off, that a patrol shall be on service, every
night, same, s. 7, - - - 518
Penalty on patrol failing to perform duty, same, s. 8, - 518
Forfeitures and penalties how sued for, same, s. 9, 5i9
Justice may notify captain when patrol is necessary, 1817, ch.
184, s. 3, . - . 519
Patrol serving three months exempt from muster, &c. 1831, ch.
103, s. 10, ... 519
Captain failing to appoint patrol justice may do it, same, s. 11, 519
Patrols to search in day as well as night, same, s. 13, - 519
payment. When payment may be pleaded in bar, 1801, ch. 6, s. 66, 520
penitenti- Court to send to agent abstract of convicts trial, character dpc.,
1829, ch. 38, s. 1, - - - 520
Sheriff's duty in conveying criminals to, same, s. 2, - 520
Sheriffs may inpress men, horses, &c. to convey criminals, same,
s. 3, - - - - 520
To summon additional guard if necessary, same, s. 4, - 521
Sheriff and guard privileged from arrest, same, s. 5, - 521
Officers of the Penitentiary, their duty and salaries, same, s. 6, 521
Who to be inspectors and how appointed, same, s. 7, - 522
Agent and physician how appointed, same, s. 8, - 522
Agent to appoint deputy and turnkeys, s. 9, - - 522
Privileges of inspectors and other officers, same, s. 10, 522
Inspector not to be agent &c., same, s.ll, - - 522
Powers and duties of inspectors, same, s. 12, - 522
Inspectors to report to legislature, same, s. 13, - - 522
W: en convict may be removed from penitentiary, same, 14, 522
Agent to give bond, same, s. 15, - - 522
Power of agent, same, s. 16, 523
Duty of agent in managing property and convicts, same, s. 17, 523
Agent to keep account of receipts and expenditures, same, s. 18, 523
To report all conyicts dead, discharged &c., same, s. 19, 523
His duty as to money received, paid out &c,, same, s. 20, 523
To purchase raw materials, same, s. 21, - - 524
General duties of agent, same, s. 22, - - 524
Duties of physician, same, s. 24 - - - 524
Agent to draw on Treasurer, same, s. 25, - - 524
Rules for the government of Penitentiary, same, - 524
To be printed and set up in penitentiary, same, s. 26, 527
index to the statutes.
Lxxix
Who permitted to visit the interior of prison, same, s. 27, 527
U. S. Convicts to be received, same, s. 28, - - 527
Escaping indictable, same, s. 29, - - 527
When and where tried for escaping, same, s. 30, - 527
Rebellion in penitentiary and how punished, same, s*31, 527
Judge of Davidson to issue process to bring convicts before him,
same, s. 32, - 527
When convicts are witnesses in court, same, s. 33, - 528
Mode of preventing contagious disorders, same, s. 34, - 528
Clothes of convicts to be washed, same, s.35, - - 528
Clothing of convicts, same, s. 36, ... 528
All officers to give bond, and take oath, same, s. 37, - 528
Letters to be read by keeper, 1831, ch. 82, s. 2, - ' 528
Sheriff to be paid by treasurer on keeper's receipt, 1831, ch. 86,
s. 1, - - - 529
Sheriff's fees for conveying convict, same, - - 529
Sheriff and guard to bear own expenses, same, s. 2, - 529
Further expenses provided for, same, s. 4, - - 529
State to pay costs in all penitentiary cases, same, s. 5, - 529
Before whom sheriff may swear to account, 1833, ch. 29, s. 1, 530
Guard to be able men, 1835, ch. 631 s. 1, - - 530
Repeal of law requiring countersign on checks, same, s. 2, - 530
27th and 37th rules repealed, same, s. 3, - - 530
Commutation of punishment, same, s. 4, - - 530
Hospital to be erected, same, s. 5, - - - 53Q
Breach of rules now punished, same, 6, 530
pleas^ Flea on abatement not to be received but on oath, 1794, ch. 1,
s.26. - 65
When plea on abatement is overruled, plaintiff to have full costs,
J 794, ch. 1, s. 28. - - 188
Pleadings made up at appearance term, tho' judge absent, 1809,
ch. 46, s. 3. - - - 205
Plea, &c. overruled, defendant to answer, same, s. 27, 219
On plea of "guilty," jury empanneled, 1831, ch. 83, s. 1. 241
No exception to declaration after issue on title, 1801, ch. 6, s. 60,266
When payment may be pleaded in bar, 1801, ch. 6, s. 66, 520
Sett-off to be pleaded or notice given, 1756, ch. 4, s. 7, 662
poisoning
fish. Penalty for poisoning fish, 1833, ch. 74, - 531
County court to provide for poor who have been one year in the
poor. county, 1797, ch. 5, s. 1, - - 531
May levy tax for their support, same, s. 2, - 532
Sheriff to collect the tax, same, s. 3. - - 532
Duty of county trustee in disbursing, same, s. 4, - 532
Duty of clerk in entering names of poor, same, s. 5. - 532
Proceedings against sheriff for failing to account for tax, same,
s. 6, - - - 532
Trustee to account every year, same, s. 7, - 532
Clerk to produce list of taxable property to court, same, s. 8, 533
Compensation of trustee, same, s. 9, - - 533
When poor tax to be laid, 1809, ch. 25, s. 1, - - 533
Articles exempted from execution, 1820, ch. 11, g. 1, - 533
LXXX
INDEX TO THE STATUTES.
Poor persons to bring suit without security, 1821, ch. 22, s. 1, 133
Oath to be taken, same, s. 2, - - 034
Court to appoint counsel for, same, s. 3. - 534
Depositions to be taken in such cases, same, s. 4, - 534
When such suit may be dismissed, same, s. 5, - 534
Articles exempt from execution, 1827, ch. 20, s. 1, - 534
Certain actions not to be brought under pauper law, 1829, ch.
88, s. 1, - - - 534
When suit is decided against pauper, judgment for costs, same, 534
Articles exempt from execution, 1832, ch. 35, s. 1, - 535
Property exempt in hands of widow, 1833, ch. 2, s. 1, - 535
Additional exemptions from execution, 1833, ch. 80, s. 1, 535
Mechanical tools exempt, same, s. 2, - - 535
Exemption to be in favor of widows or heirs, same, s. 3, 535
Exemptions to operate in attachments, same, s. 4, - 535
Confined to heads of families, same, s. 5, - 535
Pauper's coffin to be paid for by trustee, 1833, ch. 89, s. 1, 535
Account to be proven, same, s. 2, - - 535
Claimant's receipt good voucher, same, s. 3, - 536
County court of Anderson may lay tax for building, 1826, ch.56,
poor house. s. 1, - - - 536
Commissioners to select site and contract for building, same,
s. 2, - - - - 536
One commissioner to be treasurer, same, s. 3. - 536
To take oath, same, s. 4, - - 537
County court to make appropriations, same, s. 5, - 537
To fill vacancy, same, s. 6. - - 537
Several county courts to have benefit of this act, same, s. 7, 537
Act of 1826, ch. 56. revived, 1827, ch. 112, s. 1, - 537
Several county courts may lay tax for building, same, s. 2, 537
Committee to examine applicants, same, s. 3, - 537
When applicants to be admitted, same, s. 4. - 537
Committee to take oath, same, s. 5, - - 537
To make rules for poor house, same, s. 6, - 538
County court to fill vacancy in committee, same, s. 7, - 538
Committee may remove superintendent, same, s. 8. - 538
Superintendent to make annual report, same, s. 9, - 538
Committee may alter rules, same, s. 10, - 538
County court may make appropriations, same, s. 12, - 538
To appoint a treasurer and two commissioners, 1831, ch. 89,
s. 1, - - - 538
Treasurer to give bond, same, s. 2, - - 538
Treasurer and commissioners to take oath, same, s. 3, 539
Sheriff to pay over money to treasurer, same, s. 4, - 539
Plaintiff may enter with defendant's appearance when in prison,
PRACTICE. 1794J ch, s< 14? _ _ 539
Writ of inquiry as to value of foreign currency first term, same,
s. 18, ... 539
Declaration to be filed in three days, same, s. 26, - 539
Defendant to appear in three days after declaration filed, same. 539
Plaintiff to reply in three days, same, - 540
Rejoinder in three days, same, - 5 *
index to the statutes.
LXXXi
When special verdict, demurrer, &c. time allowed, same, 540
Jury causes first tried, same, - - 540
Motions in arrest of judgment when argued, same, - 540
Argument cases when taken up, same, - - 540
Plea in abatement to be on oath, same, - 540
Costs on plea in abatement, same, t - - 540
Jury to take out papers, 1801, ch. 6, s. 57, - 540
When non-suit to be taken, same, s. 58,j - 540
Not more than two new trials, same, s. 59, - 500
Verdict in detinue, same, s. 62, - - 540
Several counts and one defective, same, s. 63, - 540
Clerk to call over jury, 1803. ch. 2, s. 5, - 541
Parties may file their own plea, 1811, ch. 114, s. 1, 541
When nolle prosequi may be entered, 1813, ch. 136, s. 4, 541
Instrument sued on to be produced, 1819, ch. 27, s. 2, - 551
Parties not to be prohibited from cross-examining, 1823, ch. 48,
s.2, - - - 541
Demurrer to be argued first term, 1827, ch. 79, s. 8, 541
When court may order publication in equity, 1833, ch. 15, s. 1, 223
Written charges to be given by circuit judges, 1835, ch. 8, s 1, 542
Extended to criminal cases, same, s. 2, - - 542
Plaintiff may enter non-pros, at any time, 1835, ch. 87, s. I, 542
prison Allowed to insolvent debtors, 1812, ch. 25, s. 1, - 391
bounds. Persons arrested, or give up by bail entitled to, same, s. 2, 391
Benefit of extended to debtors and on what terms, J817, ch. 16,
s. 1, - - - - 392
Proceedings on breach of bond, same, - - 392
Prisoners (except for treason and felony) allowed, 1741, ch. 18,
s.3, - - - - 542
Bond to be assigned to plaintiff, 1759, ch. 14, s. 2, - 543
Upon escape of prisoner execution to issue on bond, same, 543
Ten day's notice of motion, same, s. 3, - - 543
Prisoner confined 20 days, when and how discharged, 1815, ch.
90, s. 1, - - - 543
Bail surrendering principal to have prison rules, 1821, ch. 11,
s. 1, - - 543
Bounds of county town the prison bounds, 1831, ch.28, s. 1, 544
Security for prison bounds may deliver to sheriff, 1824, ch. 11,
s. 1, - - - 655
Prisoner failing tojtake oath 15 days|fo pay his own board, same,
s. 2, - - - 544
Prison rules to include county town, 1825, ch. 83, s. 1, - 544
private Penalty for obstructing way to church, 1785, ch. 24, 557
ways. To be allowed by county court on petition, 1811, ch. 60, s. 1, 545
Petition to pay damages and costs, same. - 545
Jury of view may report to same court, 1820, ch. 137, s. 2, 545
Returnable to circuit tested of preceding term, 1835, ch. 19, s. 4, 213
process. Original process to be by summons, 1831, ch. 40, s. 2, 383
When capias may issue in civil cases, same, s. 3, - 383
Bail warrant may issue on affidavit, same, s. 4, - 383
For what causes a capias may issue, same, s. 5, - 3P3
XXXXii INDEX to the statutes.
Persons discharged from ca sa. not exonerated from judgment,
same, s. 6, - - 384
Counterparts to issue when defendants reside in two counties,
1813, ch. 67, s. 2, - - - 416
Counterparts not to be served on maker or drawer, 1827, ch. 75,
s. 2, - - - 417
Warrants from justice when to be returned, 1835, ch. 17, s. 9, 432
Sheriff to go to house of defendant to serve, 1777, ch. 8, s. 5, 664
Not to be served on Sundays, witnesses, jurors, &c. same, s. 6, 665
No leading process to issue without security for costs, 1787, ch.
19, s, 1, - 546
Clerk to enter names of parties, abode, &c. same, s. 2, 546
Penalty for issuing against this act, same. s. 3, - 546
When defendants live in different counties, process to each,
1789, ch. 57, s. 1, - 546
Clerks and attorneys to endorse day of issuance, 1794, ch. 1,
s. 9, - - - . - 546
Process returnable first day of term, same, s. 10, - 547
To be executed 10 days before court, same, - 547
To be returnable to second term if issued within 10 days, same, 547
Criminal process returnable to any day, same, - 547
When defendants reside in different counties counterparts to
issue, 1820, ch. 74, s. 2, - - 416
When process may issue on Sabbath, 1821, ch. 1, s. 1, 547
Process in equity returnable first day of session, 1822, ch. 14,
s.4, - - 547
Original process to be served on drawer or maker, 1827, ch.74,
s, 2, - - - 417
All original process by summons, 1831, ch. 40, - 383
Capias to include alj in the indictment, 1831, ch. 8, s. 1, 159
Militia man on parade exempt from process, 1835, ch. 21, 458
Procession- Twoprocessionings to perfect title, 1723, ch.4, s. 6, - 548
ing. Certain titles saved from bar, same, s. 7, - 548
Manner of processioning, 1806, ch. 1, s. 21, - 548
profane Penalty for swearing, 1741, ch. 14, s. 3, - 649
swearing^. Penalty for swearing in presence of court, same, s, 4, 549
property Assignee of note for specific articles may sue in his own name,
contracts. 1801, ch. 6, s. 54, - - - 130
To bear interest, 1835, ch. 50, s. 2, - - 406
Provisions as to time and place of demand and delivery, 1807,
ch, 95, s. 1, - - 552
public Secretary of State to superintend public printing, 1805, ch- 48,
printer. s.2, - - - 554
To make out alphabetical table of principal matters in acts, 1807,
ch. 12, s. 5, - - - 555
Governor to sue printer on each of bond, 1S09, ch. 3, s. 4, 555
Separate index to-public and private acts, 1819, ch. 14, s. 1, 555
To publish acta in newspaper without pay, 1829, ch. 83, s. 2 & 3,555
Public acts to be bound, 1831, ch. 2, s. 1, - 555
Private acts to be separate, and how many, same, s. 2, 555
index to the statutes.
Lixxiii
How to be printed, same, s. 3, - - 555
Journals how to be printed, same, s. 4, * 556
Public acts to be published in Knoxville, Nashville and Jackson,
same, s. 6, - - - 556
Governor to send acts to secretary of state of United States, same,
s.8, - - - '556
Members of legislature to have copy, same, s. 9, - 556
To publish decisions of Supreme Court, 1831, ch. 52, s. 7, 115
Manner of selecting public printer, 1835, ch. 69, s. 1, 2,3, 556
To enter into bond and security, same, s. 3, - 557
Job printing, same, - - 557
Manner of contracting for stationary, fuel, &c. same, s. 4, 557
When Governor to employ another printer, same, s. 5, 557
Comptroller to settle with printer, same, s. 6, - 557
public Penalty for obstructing road to church, 1785, ch. 24, s. 1, 557
worship. Persons interrupting worship punished as rioters, 1801, ch. 35,
s. 1, - - 558
Penalty for violating published rules of worshipping assembly,
1815, ch.60,s.l, - - ' 558
Sheriffs, constables, to arrest offenders, same, s. 2, - 558
In absence of officer some one deputized, same, s. 3, - 558
Deed to trustees of church to inure to society, 1817, ch. 74, s. 1, 559
Grant for four acres where church is on vacant land, 1823, ch.
7,s.l, - 559
Land to revert when applied to other purposes, same^ s. 2, 559
Not to include mineral banks, same, s. 3, - 559
Penalty for having spirits in one mile of public worship, 1824,
ch. 3, s. 1, - - 559
No other article to be sold in view on Sabbath, same, s. 3, 560
Act of 1823, ch. 7, s. 1, extended west of reservation, 1831,
ch. 91, s. 1, - - - 560
No article to be sold in one mile of worshipping assembly, 1833,
ch. 90. s. 1, - - - 560
ranger. H-anger when and how elected, 1817, ch. 48, s. 8, - 197
To be appointed by county court, give bond, 1829, ch. 37, s. I, 560
To record description of stray and advertise, same, s« 6, 561
Fee for search of books, same, s. 15, - - 563
To furnish lists of strays to county court and trustee, same, s. 17, 563
To prosecute suit for violation of stray laws, same, s. 18, 563
Not to receive more than double the value of stray, same, s. 22, 564
Indictable for neglect of duty, same, s. 23, - - 564
Ranger's fees, 1831, ch. 105, s. 1, - - 564
Empowered to administer oath to taker up, same, s. 3, - 564
Office vacated by removal, 1823, ch. 5, s. 1, - 570
Sheriff liable to pay 50 per cent, on failure to pay over redemp-
redemp- tion money, 1813, ch, 63, s. 2, - - 564
ti°n. Sheriff not to make deed to land sold for taxes, for twelve months,
during which time it may be redeemed, 1813, ch. 98, s. 16, 565
Land sold under execution may be redeemed in two years, 1820,
ch. 11,8.2, - 565
Ten per cent, to be paid or tendered, same, - 565
LXXXiv
INDEX TO THE STATUTES.
What bank notes good tender, same, - - 565
Land to be reconveyed, same, s. 3, - - 565
Other bona fide creditors may redeem, an<J on what terms, same, 565
When creditor or person claiming under hiin may give credit for
amount, proposed to be advanced, and hold the land, same,
s. 4, - - ^ 566
Another creditor may redeem from the redeeming creditor, same,
s. 5, - - - 566
Extended to sales made by treasurer of E. T., and colleges and
academies, same, s. 6, - 566
Lands sold under trust deeds redeemable, 1823, ch. 24, s. 2, 566
When redemption money may be paid to clerk of county court,
1824, ch. 20, s. 2, - - 566
Money recoverable by motion against clerk, same, s. 3, 566
Claimant of locator's part or other equitable interest, in part of
land, may redeem that part by paying tax, 1827, ch. 56,
s. 1, - - - 567
Land sold under decree in chancery may be redeemed, 1832, ch.
36, s. 1 and 2, - - - 567
When land sold under decree on credit not to be redeemed,
1833, ch. 47, s. 2, - - 567
Persons redeeming land to pay all costs, taxes, &c. 1822, ch. 9,
s. 3, - - - - 619
register Penalty for not registering deeds in time, 1756, ch. 6, s. 5, 568
of county. To take oath and give bond, 1777, ch. 8, s. 13, - 568
To iubmit books to court for examination, 1805, ch. 62, s. 1, 568
When books to be transcribed, same, s. 2, - - 558
Transcriber's oath, same, - 568
Duty of transcriber, same, s. 3 and 4, 568
Where books to be deposited and compensation, same, s. 5, 569
Copy from books good evidence, same, - - 569
Court to furnish books and manner of registration, same, s. 7, 569
Effect of variance betwixt transcript and original, same, s. 8, 569
Transcriber to leave space for probates, 1806, ch. 40, s. 1, 570
Person interested may produce probate, same, s. 2, - 570
How to proceed when original is lost, and probate to be entered,
same, s. 3, - - - 570
Transcriber may give copies while engaged, same, s. 4, 570
When books old, &c, to be transcribed, 1817, ch. 155, s. 1, 570
Office vacated by removal of register, 1823, ch. 5, s. 1, 570
Office to be open and deeds registered in order, 1831, ch. 90, s. 15,571
register To correct errors in grants, &c. when directed by the county
of land court, 1821, ch. 25, s. 1, - - 285
To correct without fee when made by himself, same, s. 2, 285
0 10 * Fees of, for correcting errors, 1809, ch. 101, s. 8, - 283
Remedy against for refusal to correct, 1825, ch. 52, s. 3, 285
What acts in correcting void, same, s. 4, - 285
Two registers appointed, their oath and bond, 1806, ch. 1, s. 1, 571
When to issue grants to assignees, &c. same, s. 15, - 571
How to keep record books, same, s. 18, - 572
Form of grant, how to be signed, endorsed, &c., same, 572
A third register appointed, his oath and bond, 1825, ch. 7, s. 1, 572
INDEX TO THE STATUTES.
LXXXV
KEGISTRA-
TION.
His title and place of keeping office, same, s. 2, - 573
Duties of register, same, s. 3, 4 and 5, 573
A fourth register appointed, oath and bond, &c. 1825, ch. 27,
s. 1, - - - 573
Duties of register, same, s. 2, - - 573
A fifth register appointed, oath and bond, 1827, ch. 4, s. 1, 574
Title and place of office, same, s. 2, - - 574
Duties and for what counties to act, samey s. 3,4 and 5, 574
One register for each division for four years, 1835, ch. 64, s. 1, 574
Oath and bond, same, s. 2, - - 574
Where to keep offices, same, s. 3, - - 574
Records to be delivered over, same, s. 4, - 575
Of failure to deliver books, same, s. 5, - - 575
To receive books, same, s. 6, - 575
To issue certificate, same, s. 7, - - 575
Duty of commissioner of land claims, same, s. 8. - 575
How papers burnt in the office for Mero may be registered, 1821,
ch. 20,s.l, - 133
Deeds, &tc. to be proven and registered in 12 months, 1715, ch.
38, s. 5, - - 575
Deeds with certificate to be registered, 17,70, ch. 40, s. 7, 576
Marriage settlements, when and how proved for registration,
1785, ch. 12, s. 1, - - 577
How deeds made out of this state to be proven for registration,
1797, ch.43,s. 1, - 578
No mortgage to be registered after one year, sam&, s. 2, 578
Time given for registration of deeds, grants, &c. 1801, ch. 20. 579
Deeds in Greene county by William Wilson made good, 1805,
ch. 12, s. 1, - - - 579
Nine months for registration of deeds, &c. 1805, ch. 16, s. 2, 579
Nine months for registration of bills of sale of negroes, same,
s. 3, - - - 579
Powers of attorney to convey lands, how registered, same, s. 4, 579
Conveyances of occupant improvements to be registered, 1805,
ch. 72, s. 5, - "- - 580
Deeds to take effect from date of acknowledgment, 1806, ch. 49,
s. 3, - - 580
Probates not registered provided for, 1807, ch. 62, s. 1, 580
Twelve months for registering grants, 1807, ch. 85, s. 1, 580
Copy where to be registered, same, - 581
Deeds of trus\ and mortgage, &c. how proven, same, s. 3, 581
Deeds, &c. of non-residents how proven in other states, same, 581
Where deed for land to be registered, same. - 581
Where deed for personal property to be registered, same, 581
If vendee"of personal property be non-resident, where registered,
same, - - 582
Certtficate of probate, &c. to be registered, same, - 582
Time of two years for registration of deeds, &c. for land, same,
s. 4, - - 582
One year for registration of bills of sale, trust deeds, &c. same, 582
Onh witness sufficient in certain cases, same, s. 7, 582
Provision where probate has not been registered, 18C9, ch. 14,
s. 8, - - - 583
LXXXvi
INDEX TO THE STATUTES.
Remedy when register has not registered signature and seal,
1809, ch. 33, s. 1, - - 583
Certain deeds proved by one or more witnesses good evidence,
1809, ch. 100, s. 3, - - 583
Deeds proven out of the state provided for, same, s. 4, - 584
Attestations good with initials only, same, s. 5, - 584
Where witnesses live out of the state, how this evidence may be
taken, and certified thereon, 1829, ch. 101, s. 1, - 584
When witnesses are dead how to be registered, 1811, ch. 39,
s. 2, r - 584
Grants for land north of Walker's line how registered, 1811, ch.
76, s. 1, - - - 585
Provision for registration where county line divides land, 1812,
ch. 76, s. 1, - - - 585
Former registrations in such cases made good, same, s. 2, 586
Deeds proved by one witness declared good in certain cases,
1815, ch. 179, s. 3, - - 586
Grants to be registered in two years, same, s. 4, - 586
Provision when original is lost, same, - 586
Deeds, &c. proved before court of record, and witnesses deed, &c.
how and when registered, same, s. 5, - 586
When witnesses are dead hand writing may be proved, same,
s. 6, - - - 586
Deeds, &c. to be registered at any time, and have effect from
date, 1817, ch. 45, s. 1, - - 587
Deeds, &.c. to be registered in 12 months, same, s.2, 587
Deeds, &c. registered good against makers and purchasers with
notice, same, s. 4, - - 587
Further time for registering grants, same, s. 5, - 587
Deeds, &.c. proved in one county may be registered in another,
same, s. 6, - - - 587
Further time for registering deeds, &c., 1819, ch. 47, s. 1, 588
To be registered in 12 months, same, s. 2, - 588
In what cases copies of grants, &c. may be registered, same,
s. 3, - - - 588
Deeds, &c. by bargainors out of state may be registered, 1820,
ch. 20, s. 2, - 588
How to proceed when any of the parties or witnesses are dead,
same, s. 3, - - - 589
Registration of deeds or powers of attorney made good, 1821,
ch. 57, s. 1, - - - 589
Acknowledgment before Judge good without official character
stated, same, s. 2, - 589
Deeds, &c. acknowledged and registered, or authenticated copies
may be evidence, 1821, ch. 61, s. 1, - 590
Hbw registered when made out of the state, 1822, ch. 12, s. 1. 590
Provision for deeds registered in wrong county, 1824, ch. 12,
s. 1, - - - 490
Residence of grantor need not be proven, 1825, ch. 61, s. 1, 590
Deeds, &c. registered at any time, good except as to creditors
and purchasers, 1827, ch. 59, s. 1, - 591
Probate of instruments of conveyance, 1831, ch. 90, s. 1, 591
Probate or acknowledgment may be taken in or out of court,
2, 591
index to the statutes.
Lxxxvii
Duty of clerks in taking probate, &c. same, - 592
Acknowledgment of deeds, &c. how made, same, s. 3, 592
Penalty on clerk for failure or neglect, same, s. 4, - 592
Mode of registering various instruments, same, s. 5, - 592
To take effect from time of registration, same, s. 6, - 593
Conveyance made without the state how registered, same, s. 9, 593
When subscribing witnesses are dead, same, s. 10, - 593
Wills executed in another state how registered, same, s. 11, 593
Deeds, &c. not registered as directed to be void, same, s. 12, 593
Revocations of powers of attorney how proven and registered,
same, s. 13, - 693
Clerk's and Register's fees, same, s. 14, - 594
When this act to take effect, same, s, 16, - 594
When the act of 1831, ch. 90 to take effect, 1832, ch. 37, s. 1, 594
Conveyances by femes coverts how proved and registered, 1833,
ch. 92, s. 1, - - - 594
Clerks to issue commissions to examine femes covert, same, s. 2, 594
Deeds, &c. by husband and wife, when good, and against whom,
same, s. 3, - - - 595
Deeds, &c. proven in open court made valid, same, s. 4, 595
Probates in open court since 1831 made good, same, s. 5, 595
Decrees in chancery a lien on land as judgments at law, same,
s. 6, - - - 595
Copies of decrees divesting title to land how registered, same, 595
Probates may be made before any clerk, same, s. 7, - 596
When clerk to issue subpoena for witnesses to deed, same, s. 8, 596
Witness's fees for proving deed, same, s. 9, - 596
Recusant witness to be fined, same, s. 10, - 596
Sheriff or constable to serve subpoena on witnesses, same, s. 11, 596
Liability of sheriff or constable for failure, same, s. 12, 596
Proceedings when clerk is not acquainted with bargainor, same,
s. 13, - 596
Deeds to take effect from date of filing with clerk, same, s. 14, 597
Duty of clerks in recording probates, &c. same, s. 15, 597
Liability of clerk for failure to perform duties, same, s. 18, 597
Clerks to take probate of plats and certificates, 1835, ch. 53, s. 1,598
Ris duty in taking probates, same, s. 2, - 598
Bow execution of transfer of plats and certificates to be taken,
same, s. 3, - - - 598
Liability of clerk for failure or neglect, same. s. 4, - 598
Deefls, &.c. to be proven or acknowledged before county court
clerk, same, s. 5, - - 598
County court clerks alone to take probates, &c. same, s. 6, 598
Clerks to record proceedings, same, s. 7, - 599
bents. When and how long a lien on crop, 1825, ch. 21, s. 1, 600
beyenueof Tax a lien on all taxable property, 1813, ch. 98, s. 3, - 601
state. Cn merchants and studhorses a lien on land, same, - 601
Penalty on merchant for not taking out license, 1827, ch. 58, s. 1,601
Clerk's duty in sueing for violation of act against shows, same,
s, 2, - - - 602
Application of fines and forfeitures, same, s. 3, - 602
Duty of Attorney General in prosecuting therefor, same, s. 4, 602
Lxxxviii
index to tiie statutes.
What property is taxable, 1835, ch. 13, s. 1, - 602
What property is exempt from taxation, same, s. 2, - 602
Poll tax 12k cents, same, s. 3, - - - 602
Privileges and occupations liable to taxation, same, s. 4, - 603
Tax on merchants how regulated, same, s. - 604
Merchant to apply to clerk for license, same, s. 6, - 605
Provision as to retail merchants same, s. 7, - 605
When merchants remove to other counties license good, same,
s. 8, - - - - 606
License may be transferred with stock of goods, same, - 606
License void after 12 months, and no new license but on pay-
ment of former dues, same, s. 9, - - 606
Playing cards to be accounted for, same, s. 10, - 606
Circuit court clerk, to countersign license, same, s. 11, - 607
Capital used in shaving how taxed, same, s. 12, - 607
Shavers to make statement to clerks, same. s. 13, - 607
Penalty on false statement, same, s. 14. - 607
Duty of clerks and solicitors to inform on shavers, same, s. 15, 608
Penalty for violation of this act, same, s. 16, - 608
Traders in iron, salt &c., exempted, same, s. 17, - 608
Clerk's .fee for license, same, s. 18. - - 608
Of costs and tax fees in supreme court, 1835, ch. 51, s. 3, 608
County court to lay tax for building court houses and jails. 1829,
revenue op ch. 99, s. 1, - - - - 198
county. Majority of justices to vote for assessing taxes, 1835, ch. 6, s.2, 199
To be levied at 2nd term of county court in each year, same,
s. 14, - - - 200
For 1836 when to be assesed, 1835, ch. 18, s. 6, - 202
Tax for local improvements not to exceed state tax may be laid
by county court, 1835, ch. 29, s. 2, - 203
Tax of $5 on merchant, peddler &c. 1803, ch. 3, s. 23, - 609
Clerk to collect tax on issuing license, 1820, ch. 6, s. 1, - 609
How studhorse or jack to be taxed, 1824, ch. 18, s. 1, - 609
What constitutes county revenue and how assessed ana collec-
ted, 1827, ch. 49, s. 1, - - - 198
For what purposes and how appropriations made, same, s. 14, 198
To lay tax and make appropriation requires a majority of jus-
tices to vote in affirmative, 1835, ch. 6. s. 2, - 199
When county court to lay county tax, same, s. 14, - 200
Fines and forfeitures for misdemeanors to go into county treas-
ury, 1835, ch. 55, s.2, - 339
revenue AH officers to gve information of property not listed, 1815,
commission- cb- 203> s- 6> - 610
__ County court to appoint two commissioners to settle with clerks,
s* 1825, ch. 51, s. 1, - - - 610
Commissioner's powers and duties, same, - - 610
Clerks to produce in two months after 1st Oct., full statement of
revenue, with affidavit of commissioners, same, s. 2, - 610
Treasurer or comptroller to receive no returns unless verified
as before, same, s, 3, - - - 611
Attorney General to call on clerks for receipts, same, s. 4, - 611
Commissioners' compensation $2,50 per day, same, s. 5, 611
index to the statutes.
Lxxxix
Commissioner's statement to be compared with clerk's return by
comptroller, same, s. 6, - - 611
Proceedings when public money is not paid over, same, 611
Clerk to record commissioner's statement and all merchant's
license, same, s. 7, - 611
Clerk and solicitor indictable for failure of duty, same, s. 8, 612
Solicitor's tax fee $15, same, s. 9, - - - 612
Suit not to abate for want of form, same, s. 10, - 612
County court to fill vacancy in commmissioners, 1826, ch. 16, /
si 3, - - - 612
To settle with clerks of supreme court, same, s. 4, - 612
County court to appoint two commissioners to settle with clerks
and trustees, 1827, ch. 49, s. 9, - 612
Clerks to render an account in Dec., same, s. 10, - 613
Commissioners to settle and report, same, - - 613
To attend at court house in February or in forty days to make
settlement, same, s. 20, - 613
Compensation of commissioners, same, s, 22, - 613
Clerks to give books and papers to commissioners, same, s, 23, 613
Chairman may fill vacancies, same, s. 32. - - 613
County court to appoint revenue commissioners, their duties,
1835, ch. 14, s. 1, - - - 614
Penalty for failure to perform their duties, same, s. 2, 614
Provision in case of death or inability of commissioners same, s. 3, 614
Time and place for listing property, same, s. 4, - 615
Mode of listing and valuing property, same, s. 5, 615
School revenue to be designated, same, s, 6, - 615
Directions for the performance of duties by commissioners, same,
s. 7, - - - 615
Proceedings where persons refuse to value property, same, s. 8, 616
To return lists to county court clerk, same, s. 10, - 616
Duty of Commissioners when property is found after return of list,
same, s. 11, - - 616
May receive property at any time, same, s. 12, - 617
County court to compensate commissioners, same, s. 13, - 617
To be governed by the instructions of comptroller, same, s. 16, 617
How to be released from double tax, same, s. 19, - 617
revenue If Sheriff move away his securities may collect the taxes unac-
coleector. counted for 1770, ch. 6, s. 2, - - 617
Securities not to make distress without notice, same, s. 3, - 617
Land sold for taxes to be advertised at court house, 1796, ch. 5,
s. 5, - 618
When titles may be made for land sold by former sheriff, 1804,
ch. 12, s. 3, - - - 618
Forfeiture for not accounting for money collected on property
not on the list, 1815, ch. 203, s. 5, - - 618
Sheriff to receive for taxes current bank notes, 1819, ch. 41, s. 1, 618
Title to land by sheriff on sale of plat and certificate good, 1821,
ch. 38, s. 2, - - 618
Collector not to receive Kentucky bank notes, 1821, ch. 59,3.1, 619
To buy in mountain land sold for taxes for the state, 1822, ch. 9,
s. 1, - - - - 619
State not to pay courity taxes in such cases, same, s. 2, - 619
M
xc
INDEX TO THE STATUTES.
Persons redeeming to pay all costs, taxes and charges same, s. 3,619
Fines, forfeitures and other moneys to be paid into court on 2nd
day of term, 1827, ch. 49, s. 7, - - 619
If not paid judgment by motion of attorney general, same, s. 8,620
No notice if motion at return term, same, - - 620
To receive certificates ot claims it they have been listed, same,
s. 21, - - - 620
To receive his portion of tax from person having equitable
claim to part of land, 1827, ch. 56, - - 567
Tax to be made out<?f goods and chattels if any, 1831, ch. 93,
s.3, - - - 620
If none tax bill may be sent to other county and have force of
execution, same, - 620
How collection in such case may be resisted, same, - 620
How to avoid payment of tax twice when twice listed, same, s. 4,621
Treasurer and trustee not to take judgment when clerk has de-
livered no list, 1833, ch. 86, s. 2, - 621
To roceive juror's certificate for county tax, 1835, ch. 6, s. 8, 425
Sheriffs to be collectors of state and county taxes, 1835, ch. 15,
8.1, - - - - 621
To give bond and security and take oath, same,s. 2, - 621
To appoint time of collecting, and give notice same, s. 3, 622
When to make distress, same, - 622
To report lands when no goods to be found, same, s. 4, - 622
Duty of court when lands are reported, same, s. 5, - 622
Form to be adhered to, same, s. 6, - - 623
Clerk's duty on reported lands, same, s. 7, - - 623
To report lands at first court in each year, same, s. 8, - 623
When and where to advertise lands, same, - 623
When sales of land for taxes to be made, same, - 623
Lands not to be sold for less than taxes, same, s. 9, - 623
How to be run off. to purchasers, same, - - 623
Deeds how to be made to purchasers, same, s. 10, - 623
Right of redemption secured same, s. 11, - 624
What facts to be recited in deeds, same, s. 12, - 624
When taxes to be paid over and commissions, same, s. 13. 624
Failure to settle with comptroller, same, s. 14, - 624
Failure to settle with trustee, same, s. 15, - - 624
Suits against collector not to abate for want of form, same, s. 16, 625
To give receipt for taxes and penalty for collecting too much,
same, s. 17, - - 625
No credit for insolvencies without order of court and how obtain-
ed, s. 18, - - - 625
Limit of time for credit for insolvencies, same, s. 19, - 625
Allowed credit for lands reported for taxes, same, s. 20, - 625
Duty of attorney general to prosecute motions, same, s. 21, 626
Securities of. how to be released, and if other given to be remov-
ed, 1815, ch. 14, s. 1, - - 653
revivor. How suits maybe revived against the survivor of one or more
(See Abatement) joint defendants, 1825, ch. 65, s. 1, - - 66
If deceased defendant have no administrator or executor
plaintiff may suggest death and go to trial against survivor,
same, - - - 67
index to the statutes.
xci
If there are administrators or executors to be revived by sci.fa.
or bill of revivor, same, - - 67
Suit for benefit of heirs may be revived after suggestion of death,
same, - - - 67
On suggestion of death plaintiff may try or continue, 1825, ch.
65,s.2, - - - 67
Administrators or executors of joint plaintiff may revive by mo-
tion, same, s. 3, - - 67
If administrator or executor fail to revive, defendants may try
or continue, same, - - 67
Sole executor or administrator dying, suit may be revived against
administrator, de bonis non, by sci.fasame, s. 4, - 67
Sole executor or administrator dying, his administrator de bonis
non may revive by sci.fa. or motion, same, 3.5, - • 67
All civil actions except for wrongs to person or character may
be revived, 1835, ch. 77, s. 1, - - 68
rivers and County court may order certain improvements in navigable
navigable streams, 1784, ch. 14, s, 16, - - 626
streams. Same power where stream is county line, 1785, ch. 25, s. 1, 626
Court may purchase instruments to remove obstructions, same, '
s.2, <- - - - - 627
County court may appoint commissioners to examine streams,
1787, ch. 15, s. 1, - - - 627
Penalty for obstructions, same, s. 2, - - 627
Not to obstruct main channels of navigable streams, 1819, ch.
63, s. 4, - - - - 627
Penalty for such obstructions, same, - - 627
Penalty of $2000 to permit obstructions for six months, same, s. 5, 628
Indictable to obstruct navigable streams, 1835, ch. 88, 496
Not to be interrupted by bridges, mill dams, &c., 1835, ch. 29,
s. 4, - - - 137
roads, Controversies about roads may be taken to circuit court, 1827,
ch. 50, s. 2, - - - - - 95
Leading to toll bridge.not to be obstructed, 1835, ch. 29, s. 10, 138
Racing on public road indictable, 1833, ch. 10, s. 2, - 360
Penalty for obstructing road leading to iron works, 1824, ch, 4,
s. 6, - - - - - 410
For obstructing road to church, 1785, ch. 24, - 557
Private roads to be allowed bycounty court, 1811, ch. 60, s. 1, 545
Jury of view may report same court, 1820, ch. 137, s. 2, 545
Road may be allotted to different hands, and each portion to be
finished in ten days, 1784, ch. 14, s. 10, - - 628
Damages must be claimed in nine months, 1796, ch. 22, s. 4, 628
County court may permit gate across road, 1803, ch. 56, s. 1, 628
Owner to keep gate in repair,same, s.2, - - 629
Roads and ferries appointed by law declared public, 1804, ch. 1,
s. 1, - - - >629
Power of court in regard to ferries, roads, bridges &.c., same, 629
Roads to be laid off by jury offive or twelve freeholders, same, s. 3, 629
Oath of jury of view, same, - 629
Public roads how to be constructed, same, s. 4, - - 629
Overseers annually appointed and their duties, same, s. 8, 629
INDEX TO THE STATUTES.
Persons exempt from working on roads, same, - 629
Forfeiture for failure to work, and how expended, same, 630
Overseers indictable for neglect or taking treat, hire &,c., same,
s. 9, - - - - 630
Penalty for refusing to act as overseer, recovered by motion,same,
s. 10, - - - - - 630
To direct the kind of tools and give three days notice, same, 630
To set up posts with direction boards at forks, same, s. 11, 630
To measure and mile mark roads, same, s. 12, - - 631
No road to be changed without order of court, same, s. 13, 631
Penalty for suffering road or bridge to be out of repair, same, s. 14, 631
To use timber without penalty, same, s. 16, - - 631
Court to designate bounds and hands, same, s. 17, - 631
Any person injured by road may have jury to assess damages,
same, s. 19, - - - - 631
Sheriff to deliver order to overseer and make return, 1807, ch.
30,s.2, - - - - 632
Such return good evidence, same, s. 3, - - 632
County court to provide tools fer overseer to be safely kept,
1807, ch. 59, s. 1, - 632
Roads laid out by order of court deemed public, 1811, ch. 3, s. 1, 632
Court to appoint overseer on stage roads, 1811, ch. 120, s. 1, 632
Stage roads how to be constructed, same, - - 632
Court to allot sufficient hands to each overseer, same, - 633
Sheriff or deputy may swear jury of view, 1813, ch. 40. s. 1, 633
Overseer to act until he returns his order, 1815, ch. 128, s. 1, 633
Controversies about roads or ferries tried at first term, 1817,
ch. 35, s, 1, - - 633
All roads with overseers deemed public, 1819, ch. 26, s. 1, 633
What proof sufficient in proceedings against overseers, same, - 633
What evidence of the acts of overseers sufficient to convict him
same, s. 2, - - - - 633
Parol proof good in all cases against overseers, same, 633
Clerk to issue road order in 25 days, same, s. 3, - 634
Sheriff to deliver it in twenty days, same, - - 634
Overseer liable if he received order afterwards or acted as such,
same, - - - 634
To measure, mile mark, and set up direction posts, same, s. 4, 634
Indictable for neglect of duty, same, s. 5, - - 634
No prosecutor required in indictments against, 1820, ch.4, s. 1, 385
County court to class roads iuto three classes, 1821, ch. 6, s. 1, 634
What to be in first class, same, s. 2, - - 634
Second class how constructed, same, s. 3, - - 635
Third class how constructed, same, s. 4, - - 635
Roads of different classes how notched, same, s. 5, - 635
Sufficient number of hands to be assigned to roads, same, s. 6, 635
Attorney General's tax fee $2.50, same, s. 10, - 635
Nine justices may do the duties of this act, same, - 635
Free negroes from 18 to 50 to work on roads, 1821, ch. 26, s. 1, 635
County court may class roads at any term, 1822, ch. 15, s. 1, 635
If roads are not classed to be subject to former laws, same, s. 2, 635
Overseer not to be appointed out of bounds, 1823, ch. 13, s. 1, 635
Attorney General to attend to suit of overseer, same, s. 2, 636
Class of roads to be expressed in order, 1823, ch. 17, s. 1, 636
index to the statutes.
Sheriff to deliver one to overseer and return the other, same, 638
Penalty for obstructing road to iron works, 1824, ch. 4, s. 6, 410
Overseer may prove notice to hands by an oath, 1824, ch. 23,
s. 1, - - - - - 636
Roads not to be established till damages are paid, 1825, ch. 17,
s. 1, - - - - - 636
Persons owning slaves not excused from working on roads, 1827,
ch. 66, s. 1, - - - - 637
Countjr court to furnish powder, boring tools, &c., same, s. 2, 637
Appeals only to operate as writs of error, 1829, ch. 70, s. 1, 637
Court may order road to be opened or suspended, same, - 637
Three justices on the bench may appoint overseers, 1835, ch. 6,
s. 2, - - - 199
Indictable to set up false sign, &c. on road, 1835, ch. 24, s. 1, 637
Overseer to take down false sign, same, s. 2, - - 637
Petition for privilege to keep gate across road, 1835, ch. 29,
s. 11, t - - - - 638
sabbath. All persons to keep the Sabbath, 1741, ch. 14, s. 2, - 638
Fine for working, sporting Or hunting on Sabbath, same, 638
Justices power to bring before them offenders, same, s. 6, * 638
Not to be proceeded against after 10 days, same, s. 7, - 638
Fines how disposed and accounted for, same, s, 8, - 638
Fines for working on Sabbath, 1803, ch. 49, s. 1, - 639
Fines for hunting, sporting, getting drunk, &c. same, s. 2, 639
salaries. Deduction from Judges salary for failure to hold court, 1831, ch.
47, s. 3, 207
Judge to certify to treasurer to obtain salary, same, s. 4, 207
Of Attorney General $125, 1817, ch. 65, s. 4, - 639
Of Supreme Judges $1800,1835, ch. 3, s. 20, - 639
Of Chancellors, $1500, ch. 7, s. 1, - - 639
Of Circnit Judges, $1500, 1835, same, s. 2, - 640
Of Comptroller, $1250, and for books, letters &c., 1835, ch. 12,
s. 21, - - - - - 640
Of Comptroller for attending at Knoxville and Jackson, same,
s. 25, - 640
Of Superintendant of public instruction, $1500, 1835, ch. 23,
s. 2, - - - - - 168
Of Treasurer of state, $1500, and for books and stationary,
1835, ch. 27, s. 14, - - - 640
Of Attorney General of the State, $1000,1335, ch. 51, - 116
Of keeper, turnkeys, and clerks of Penitentiary, 1835, ch. 63,
s. 5, - - - - - 640
Of Governor $2000,1835, ch. 72, s. 2, - - 640
Of Secretary of State, $800, same, - - -640
salt petre Penalty for carrying on works without enclosure, 1797, ch. 46,
works s- " * - " " ®41
Owner liable for damages to stock, same, s. 2, - 641
saltworks To be inclosed, 1832, ch. 32, s. 1, - - 641
Penalty for failure to enclose, same, s. 2, - - 641
Penalty of $50 for not enclosing, 1823, ch. 3, s. 1, - 641
index to the statutes.
school Trustees may procure grant when school houses are on vacant
houses. lands, 1823, ch. 24, s. 1, - - - 642
school 640 acres to be laid off in each section, 1801, ch. 1, s. 6, - 642
lands. When not sufficient in section to be so certified, same, 632
640 acres to be laid off in each township, 1806, ch. 2, s. 7, 642
No grants to issue for lands, marked for schools, 1807, ch. 2,
s.41, - - - - - 643
Registers to issue grants for school lands, and form of grants,
1817, ch, 125,s.9, - - - 643
School tracts to be surveyed and plat and certificate made, same,
s. 10, - - - - - 644
Surveyor to lay down sixteenth section for schools, 1819, ch.
50, s. 1, - - - - 644
Duty of certain surveyors in making plat of school lands, 1819,
ch. 66, s. 1, - 644
Registers to issue grants on said plats, same, s. 2, - 645
Surveyor, register and secretary to be paid, same, s. 3. - 645
Rents to go to common schools, 1819, ch. 75, s. 3, - 645
Chairman to prosecute persons on school lands, 1820, ch. 23,
s. 1, - - - - 645
All laws for leasing or collecting rents repealed, 1825,ch. 85, s, 5, 645
Treasurers to appoint agents to collect rents and prevent wastes
1826, ch. 35, s. 2, ... 646
Persons holding adverse possession to pay $10 rent, svme, s. 3, 646
Fund kept separate and bond of agents, same, s. 4, - 646
Allowance for improvements on school lands, 1827, ch. 77, s. 1, 646
Misdemeanor to pretend to be agent of school commission, same,
s. 2, - - - -
secretary His duty in superintending public printing, 1805, ch. 48, s. 2,
op state. To enter into bond and take oath, 1796, ch. 2, s. 1,
To keep record of Governor's acts, &.c., 1796, ch. 3, s. 1,
Duty in relation to acts of Legislature, same, s. 2,
To keep bonds of public officers, same, s. 3,
To fix seal to commissions, same, s. 4,
To give copies of records, papers, &c., same, s. 6,
Fee for affixing Seal of State, same, s. 7,
Books and stationary provided for, same, s. 9,
To keep his office at seat of government, same, s. 11,
Bond to be deposited in circuit court of Davidson, 1815, ch. 79,
s. 1, - - - - 650
To issue to officer's failing to give bond, 1823, ch. 18, s. 1, 650
Sheriff to serve such summons, same, s. 2, - - 650
Penalty on officers failing to give bonds, same, s. 3, - 650
Duty to file and adjudicate certain certificates, 1835, ch.64, s.8, 575
Salary $800. 1835, ch. 72, s. 2, ... 640
securities. Securities of feme sole to prosecute suit released upon her hus-
band giving security, 1819, ch. 16, s. 2, - 66
How securities of admr. may be released, 1813, ch. 119, s. 5, 79
How securities of executor may be released, 1825, ch. 62, s. 1, 81
Securities of person deceased to notes &c. may sue in six
months, 1831, ch. 23, s. 1, - 84
647
554
649
649
649
649
649
650
312
650
650
INDEX TO THE STATUTES.
XCV
For prosecution of appeal from Justice, 1794, ch. 1, s. 54, 90
For prosecution of appeal from County to Circuit Court, same,
s. 63, - - - - - - 90
Securities may deliver up principal charged with offence to
Sheriff, 1809, ch. 6, s. 2, - - 119
In delivery bond to be responsible only for value of the property,
1831, ch. 25, s. 1, - - - - 129
Original plff. in certiorari may be ruled to security, 1829, ch.
16, s. 3, - - - - 143
How securities of County Court Clerk may be released, 1811,
ch. 47, s. 1, - - - 149
Clerks to give other securities, when former ones are dead, in-
solvent &c. 1812, ch. 16, s. 1, - 149
Clerks not to be security for costs, 1826, ch, 14 s. 1, - 158
Plff. to produce copj of constable's bond before securities are
liable on motion before Justice, 1823, ch. 21, s. 1, - 183
Jurisdiction Chancery Court as to securities to bonds for perform-
ance of covenants &c., 1835, ch. 20, s. 17, - 232
Husband to give security for maintainance of divorced wife, 1835,
ch. 26, s. 10, - - 259
Security for costs in Forcible Entry and Detainer, 1822, ch. 35,
s. 1, 347
How security of guardian maybe released, 1762, ch. 5, s. 21, 369
Guardian to give new security when old is insufficient, 1831,
ch. 29, s. 1, - - - - 373
Justice not to give judgment on motion against securities of con-
stable without copy of his bond, 1835, ch. 17, s. 5, 432
Suits against securities of officers limited to 3 years. 1823,
ch. 16, s. 1, - - - - 444
Poor persons to bring suit without security, 1821, ch. 22, s. 1, 533
To be given before leading process to issue, 1787, ch. 19, s. 1, 546
Security who has paid judgment may have judgment over by mo-
tion, 1801, ch. 15, s. 1, - - - 651
One security may have judgment by motion against co-security,
same, s. 2, - 651
Not to confess or suffer judgment by default if principal will
defend or indemnify, same, s. 3, - - 651
May notify holder of note &c. to bring suit in 30 days, 1801,
ch. 18,s. 1, - - - - - 651
Personal representatives of security may notify in like manner,
same, s. 2, - - «- - 652
Assignors may notify in like manner, same, s. 3, - 652
Service of notice to be proved by two witnesses, same, s. 4, 652
Act not to extend to bonds given in court, same, s. 5, - 653
Rights of creditors against principal not affected, same, s. 6, 653
Securities for criminal may surrender him, 1809, ch. 6, 119
May move' for judgment over against principal on rendition of
judgment against him, 1809, ch. 69, s. 1, - 653
When fact of securityship does not appear jury to find it, same,
s. 2, 653
Security may have judgment by motion against co-security, same,
s. 3, - - - 653
Securities of clerks how released, 1811, ch. 47, s. 1, 149
XCV1. INDEX TO THE STATUTES.
SERVANTS.
Securities of Sheriff or Tax Collector how released, 1815, ch.
14, s. 1, - - - - - 653
Five days notice to be given, same, - - 654
Securities in such case may collect taxes, same, s. 2, - 654
How released from prosecution of suit, 1822, ch. 42, s. 1, 654
To give 10 days notice and party may sue as pauper, same, 654
Of collecting officers released after three or four years, 1823,
ch. 16, s. 1, - - - 444
Of Entry Taker and Surveyor how released, 1824, ch. 9,s. 1, 655
Twenty days notice, same, - 655
For prison bounds how released, 1824, ch. 11, s. 1, 655
Of executors how released, 1825, ch. 62, - 81
Stayor liable before pecurity in certain cases, 1825, ch. 82, s. 1, 655
Clerks not to be security in their courts,1826, ch. 14, 158
In motion cases security to be given for costs, 1826, ch. 29, 190
Security for p aintiff in ejectment how released, 1827, ch. 18,
s.5, - - - 656
Thirty days notice, same. - 656
In appeals securities liable for debt, costs &c., 1827, ch. 72, 96
Of register, constable or trustee how released, 1829, ch. 15, s. 1, 656
Ten days notice, same, - 656
Of guardians how released same, s. 2. - - 656
Ten days' notice, same, - 657
Costs in such case how paid, same, s. 3, - 657
Security of deputy surveyor how released, 1829, ch. 32, s. 1, 657
Twenty days notice, same, - 657
In suits plaintiffmay be ruled to justify security, 1829,ch.33, s.2, 657
Same proceeding in chancery suits, same, s.2, - 657
Security to keep peace may surrender principal 1831, ch. 95, s.
1, ... 658
Sheriff to take other secux'ity, same, s. 2, - 658
No person brought into state deemed servant unless indenture
is produced, 1741, ch. 24, s. 1, - - 658
Sex-vant quitting master to make up lost time, same, s. 2, 658
To suffer coi'poral punishment for disobedience, same, s. 3, 659
Master to provide clothing, diet, &c., same, s. 4, - 659
Complaints by servants to be heard by justices, same, s. 5, 659
County court to settle controversies, same, - - 659
Sick servant may be ordered to poor commissioners, same, s. 6. 659
Master to pay charges, same, s. 7, - - 660
Complaints heax-d without formal process, same, s. 8. - 660
Penalty on master for turning off sick servant, same, s. 9, 660
Master to pay expenses of curing sick servant, same, 660
Servant become sick by his own misconduct to make up time,
same, - 660
Servant making groundless complaint to serve additional time,
same, s. 11. - • - 660
Servant in jail for misconduct to serve double time, same, s. 12, 661
When free persons punished by fine servants by whipping,
same, s. 13, - 661
Penalty for dealing with without masters consent, same, s. 14, 661
Six months to px-osecute offenders, same, s. 15, - 661
Servants embezzling master's property to serve further time,
same, s. 16, - - 661
TSVEX to this statutes.
Woman servant pregnant to serve one year longer, same, s. 17, 661
Woman servant pregnant by master to be sold one year, same,
s. 18, - - - - 661
Tradesman how dealt with for not'understanding trade, same, s. 20,662
Tradesman pot doing duty to make reparation, same, s. 21, 662
Allowances to servants, same, s. 22, - - 662
set otp. Mutual debts to be set off, 1756, ch, 4l, s. 7, - - 662
To be pleaded on notice given, same, - - 662
If defendants claim largest judgment for him, 1815, ch. 53, s. 1, 663
Defendants may prove accounts as plaintiffs, do, 1819, ch. 25,
s. 2, -■ - - 663
sheriff. Judgment against for failure to collect tax on suits, 1833, ch.
43, s. 1, - - 114
To take bail on ,executing writ, or stand as special bail, 1794,
ch. l,s. 11, - - - 117
To assign bail bond, and on failure to stand as bail, same, s. 12, 118
To receive principal surrendered by bail, same; s. 15, - . 118
To take bail on capias on indictment, 1805, ch. 37, s. 1, - 119
May take bail of principal surrendered, 1809, ch. 6, s. 1, - 119
May take other bail when person charged with offence is surren-
dered, same, s. 2, - - - 119
Amount to be taken in bailable offences, same, - 119
Not tjound to accept surrender except at his own house or at
court house, same, - - - 120
To assist bail to arrest principal—bail to accompany him, 1827,
ch. 18,s.l, - - - 120
May take bail in criminal cases, 1831, ch. 4, s. 1, - 121
Duty on forfeited delivery bonds, 1831, ch. 25, s. 2. - 129
To take bail in cases of contempt of court, 1831, ch. 19, s. 1, 185
When may adjourn county court from day to day, 1821, ch. 58,
s. 3, - - 197
To attend special term of circuit court, 1827, ch. 79, s. 5, - 206
To summon jurors to special term, same, s. 6, - 206
To summon jury to allot dower, 1784, ch. 22, s. 9, - 263
To give jurors to set apart dower, 10 days notice, 1815, ch. 85,
s. 1, - - - 264
When to appoint inspectors of elections, 1796, ch. 9, s. 1, 270
To provide one box for ballots, same, s. 2, - - 270
When to give casting vote, same, s. 4,> - - 271
To give copies of polls to persons elected, same, s. 9, 271
Penalty for neglect, same, - 271
To administer oath to inspectors and clerks of elections, 1809,
ch. 36, s. 1, - - - - 272
To make out triplicate lists of votes for Congress, 1832, ch. 4,
s. 2, - - - 273
Five hundred dollars penalty for neglect, same, s. 3, - 273
To appoint judges and clerks in elections for justices and con-
stables, 1835, ch. 1, s. 11, - 274
His duty in forwarding certificates, same, s. 12, • 274
To hold all popular elections and when, 1835, ch. 2, s. 1, • 275
When no sheriff or he being candidate, coroner to hold, same. 275
When election, of sheriff to be held, 1835, ch. 2, s.4. - 275
N
xcvifi
INDEX TO THE STATUTES.
His duty in comparing polls and giving certificates, same, 8. 5, 275
May assign warrant to purchasers, on sale of entries, 1819, ch.
48, s. 1, - - - 280
To receive escaped prisoner retaken, 1777, ch. 8. s. 9, - 286
Penalty for failing to return execution by 2d day of term, 1803,
ch. 18, s. 1, - - - 294
Sheriff liable to judgment by motion for failure to return execu-
tion or for false return, 1835, ch. 19, s. 6, - 300
To serve injunctions, 1817, ch. 199, s. 7, - 386
His duty in conveying criminals to penitentiary 1829, ch. 38,
s.2, - - - 520
May impress men, horses &c. to aid in conveying, same, s. 3, 521
May summon additional guard, same. s. 4, - - 521
Privileged from arrest, same, s. 5, - 521
Fees for conveying convict to penitentiary, 1831, ch. 86, s. 1, 529
Sheriff and guard to bear own expenses, same, s. 2, - 528
Before whom Sheriff may swear to account for conveying con-
victs, 1833, ch.29, s. 1, - 530
Proceedings against sheriff for failing to account for poor tax,
1797, ch. 5, s. 6, - - - - 532
Liable for 50 per cent on failure to pay over redemption money,
1811, ch. 63, s.2, - - - 564
Not to make deed to land sold for taxes for 12 months, 1813, ch.
98, s. 16, - - - | - 565
To run subpoena for witness to deed, 1833, ch. 92, s. 11, 596
Liability for failure, samef s. 12, - - -596
To be collectors of state and county taxes, 1835, ch. 15, s. 1. 621
Sheriffto take oath and give bond, 1777, ch. 8, s. 2, - 663
Bond to be recorded and not void on first recovery, same, 664
Penalty for refusing to act as sheriff, same, s. 3, - 664
Who disqualified to be sheriff, same, s. 4, - - 664
To execute and return all process delivered 20 days before court,
same, s. 5, - - - r 664
Penalty for false return, samer - - - 665
Not to return "not found" without going to defendant's house,
sdme, .... . 665
To return the fact if defendant reside in another county, same, 665
When and on whom process not to be executed, same, s. 6, 665
To receipt for and endorse his own and other costs, same, s. 7, 665
To take all obligations from persons in custody to himself official-
ly, same, s. 8, - - - - 666
Penalty for not paying over money collected, or suffering es-
capes, same, s. 10, 666
Transfer of prisoners from old to new sheriff, same, s. 12, 667
Motions against Sheriffs for moneys collected, 1803, ch. 18, 294
Penalty for bidding at his own sale, 1805, ch. 31, - 180
Not to sell property before 10 or after sunset, 1807, ch. 99, 181
To be sheriff of circuit and supreme courts, 1809, ch. 49, s. 14, 667
When sheriff may make deeds to land sold by predecessor, 1809,
ch. 84, s. 1, 667
Allowed two years to close unsettled business, 1811, ch. 49,
s. 1, - - - - - 687
Not allowed more than $50 for ex officio services, 1811, ch. 88,
s» 1$ - » - «• • 668
HSfBEX TO THE STATUTES#
accix
Penalty for purchasing at his own sale, 1813, ch. 103, s. 1, 181
To pay over surplus to debtor, &c., 1817, ch. 54, s. 1 and 2, 182
Not to have more than two deputies, 1821, ch. 12, s. 1, - 668
Three years to be moved against for money collected, 1823,ch.
16, s. 1, - - - - 444
To receive money before expiration of stay without commissions,
1823, ch. 40, s. 2, - - - 183
May be moved against for not paying over costs, 1824, ch. 16, 157
Tq have judgment by motion on indemnity bond, 1824, ch. 40, 183
Manner of making returns for election of Governor, 1827, ch.
23,s.l, - - - - 668
To be called on by Attorney General for receipts, same, s. 2, 669
Liable for money collected by process from justice, 1827, ch.
35, s. 4, - - - - 669
If defendant is taken on process from another county to be im-
prisoned where sheriff resides, 1827, ch. 74, s. 1, - 669
Disqualified if convicted of gaming, 1829, ch. 21, - 360
His duty, power &c^ in conveying convicts to penitentiary,
1829, ch. 38, s. 2, 520
Sheriff may have judgment against deputy, 1829, ch. 41, s. 1, 670
Ten days notice, same, . - - - 670
Deputy Sheriff may be moved against on 10 days notice, same,
s. 2, - - - - - 670
To bid off land for common schools, 1829, ch. 54, - 172
Allowance for keeping stock levied on, 1829, ch. 56, - 314
To keep cburt house in order, furnish water &c., 1827, ch. 71,
s. 1, - - - - - 670
On re-election to have two years to close business, 1831, ch. 97,
s. 1, - - - - - 670
Guilty of misdemeanor for opening tickets at elections, 1831, ch.
98, - - - - - 494
May appoint one additional deputy, 1833, ch. 23, s. 1^ 671
Duties as collector of revenue, 1835, ch. 15, - 621
S jits on Sheriff bonds to be in name of Governor, 1835, ch. 16,
s. 1, -• _ - - - - 671
Party for whose use suit is brought liable for costs, samef s. 2, 671
Motion against for not returning execution, or paying over mon-
ey or false return, 1835, ch. 19, s. 6, - - 300
Exempted from Militia duty, 1835,rch. 21, s. 1, - 458
If jail is insufficient may take prisoner to another, 1835, ch. 36,
s. 1, - - ' - - 671
May summon guard not exceeding two, same, s. 2, - 672
Not to prevent taking of bai\,same, s. 3, - - 672
slaves. Proceedings by administrator to sell slaves, 1827, ch. 61, s. 2, 83
Proceedings to emancipate, 1801, ch. 27, s. 1, - 277
When liberated slaves to be supported by county, same, s. 2, 277
Proceedings when slaves are set free by will, 1829, ch. 29, s. 1, 278
Act of 1829, ch. 29, restricted, 1831, ch. 101, s. 1 - 278
Not to be emancipated without leaving the state, 1831, ch. 102,
s.2, . - - - - - 279
When slaves have contracted for freedom before 1831,1833, ch.
81, s.2, - . . . 279
Punishment for killing or mismarking stock, 1741, ch. 8, s. 10, 687
«
INDEX TO THE STATUTES.
Punishment for interrupting boats, canoes &c., 1741, ch. 13, 126
Not to go armed or hunt with gun without certificate, 1741, ch.
24, s,40, .... 673
Gun may be seized and slave have 20 lashes, same, - 674
One slave may hunt on each plantation, same, s. 41, - 674
How certificate to be procured to authorise hunting, same, s. 42, 674
Not to leave master's premises without pass, sarhe, 46, 674
Punishment for conspiring to rebel or murder, same, s. 47, 674
Giving false evidence to receive 39 lashes, same, s.50, - 674
To be charged to be speak the truth, same, s. 51, - - 674
Master may defend slave, same, s. 52, - - 674
No certificate for slave to hunt without bond pf master, 1753, ch.
6, s. 2, - - - 675
When and where slave may have gun, same, s. 3, - 675
When master liable for slave having gun, same, - - 675
Not to hant with dogs without certificate, same, s. 8, - 675
If not well fed and clothed master liable for thefts, same, s. 10, 675
Penalty for hiring own time, 1777, ch. 6, s. 5, - 675
Justice to have jurisdiction in all except capital cases, 1783, ch.
14, s. 2, - - - - - 675
Any other justice may sit with justice on trial, same, s. 3, 675
Sale of slaves how attested, 1784, ch. 10, s. 7, - - 676
Penalty on master of vessel for entertaining slave in night or on
Sabbath, 1787, ch. 6, s. 1, - - - 676
Slave offering articles for sale without permit to be whipped,
1788, ch. 7, s. 2, - - - - 676
Murder to kill slave with malice aforethought, 1799, ch. 9, s. 1, 676
If slave be property of another to be paid for, same, s. 2, 677
To be whipped for having forged pass, 1799, ch. 28, s. 1, 677
Penalty for uttering words calculated to excite slaves, (1803, ch.
13, s. 1, .... 677
What words will constitute the offence, same, s. 2, - 677
Penalty for permitting slaves to assemble on premises, same, s. 3, 677
Penalty for trading with slave without permit, same, s. 4, 678
Riots, insulting language &c. by slave how punished, 1806, ch.
32, s. 3, - - - - 678
Penalty for beating slave of another, 1813, ch. 56, s. 1, 678
Penalty for selling spirits or suffering disorderly assemblage,
1813, ch. 135, s. 1, - - - 678
Imprisonment iffine not paid, same, s. 2, - - 678
Penalty for buying of slave articles not of his make, same, s. 3, 678
Slave good witness against free negro, same, s 4, - 679
What offences by slaves are capital, 1819, ch. 35, s. 1, - 679
Penalty for hiring slave his own time, 1823, ch. 57, s. 1, 679
Master of slave in capital case to have 35 challenges, 1825, ch.
24,„s. 2, 679
Master may superintend defence, same, s. 3, - - 679
Master may give bail for slave, same, s. 4, - - 679
Writs of error as in other cases, same, s. 5, - - 679
Bail bond for double value of slave, same, s. 8, - 670
Sheriff to sell runaway slave after being in jail one year, 1825,
ch. 79, s. 1, - - . 680
Proceeds how applied, same, - 680
Sheriff to make bill of sale, same, ... 680
Two years allowed for owner to prove property and get the mo-
INDEX TO THE STATUTES.
cii
ney, same, s. 2, - - - - 680
Owner may redeeem from purchaser, same, - 680
Slaves not to be imported for sale, 1826, ch. 22, s. 1, ^ 680
Slaves convicted of crimes not to be imported, same, s. 2, 680
Proceedings against offenders against this act, same, s. 3, 680
Court to have issue made up, same, s. 4, , - % - 681
If isstie determined for state, slave to be sold, same, s. 5, - 6S1
Slave to be whipped for selling spirits, 1829, ch. 74, s. 1, 681
To be whipped lor having spirits in possession, same, s. 2, 681
These offences cognizable before justice, pame, s. 3, - 681
What is an unlawful assemblage of slaves, 1831, ch. 103, s. 1, 682
How and by whom may be dispersed, same, - 682
Penalty for permitting such assemblage, same, s. - 682
Master indictable for permitting slave to practice medicine, same,
s. 3, - - - - - 682
What punishment for conspiracy to rebel, same, s. 4, - 682
Ringleader^ in conspiracy who may be killed, same, s.4, - 682
No appeal or writ of error in cases of rebellion, same, s. 6, 682
Person arresting runaway entitled to, $5, same, s. 8, - 682
Publication of runaway in newspaper, same, s. 9, - 682
Defendant to make certain proof under act of1826, ch. 22, same,
s. 14, 683
Penalty for receiving slave into stage, steamboat,1833,ch. 3, s. 2, 494
Punishment of slave for assaulting white woman with intent to
ravish, 1833, ch. 75, s. 1 - - - 683
All jurisdiction in capital cases given'to circuit court, 1835, ch.
19, s. 9, - - - - 683
Assault with'intent to commit murder in first degree or rape cap-
ital, same, s. 10, - 683
All persons competent to jurors in trial of white persons to be
good in trial of slaves, same, s. 11, - - 683
Masters not to permit slaves to retail spirits, 1835, ch. 57, s. 2, 6S3
Tempting slaves to leave owner or harboring or concealing,
1835, ch. 58, s.l, - - - 332
Forging passes or harboring runaways, 1835, ch. 65, - 332
scire faci- rj»0 issue against heirs when no person will administer, 1809, ch.
**• 121, s, 3, - - - - 66
May issue against busband offeme sole, after marriage to make
him defendant, 1819, ch. 16, s. 3, - - 66
When sci. fa. may issue issue against makers of refunding bonds,
1789, ch.23, s. 3, - - - 75
To issue when execution against administrator returned "no pro-
perty," 1822, ch.43, s. 1, - - - 81
Need not be made known before men, 1801, ch. 12, s. 2, - 647
May be issued by justice, 1831,111, s. 2, - - 647
By whom issued, if justice die, or resign, same, s. 3, - 647
Not to be issued unless applied for by party or his attorney,
1833, ch. 18, s. 1, - - - 647
Persons name applying to be endorsed, same, s. 2, - 647
Clerk liable for costs for not complying with this act, same, s. 3, 648
Penalty tor false endorsement of name, same, s. 4, - 648
seals. Of the state to be provided by Governor, 1796, ch. 3, s. 53 - 648
Scroll made equal to seal, 1801, ch. 6, s.61r - - 648
cii
index to the statutes.
shooting. Penalty for shooting in town or near road, 1821, ch. 68, s. 1, 672
Duty of Justice if done in his presence, same, s. 2, - 672
shows. Showmen to procure license for one year, 1819, ch. 51, s. 1, 672
Tax $50, and clerk's foe, $1, same, - - 673
To get license for each county, same, - - 673
Penalty of $500for showing without license, same, s. 2, 673
Concerts and theatrical exhibitions excepted, same, 673
Artists allowed to exhibit paintings, 1833, ch. 32, s. 1, 673
soldiers. Having claim to land for revolutionary services, may have depo-
silions of aged persons, 1825, ch. 72, s. 1, - 684
Court to decree land to complainants, same, s. 2, - 684
When value of land may be decreed, same, . - - 685
standing Not to be levied on before 15th November, 1833, ch. 20, s. 1, 299
crop. Purchaser to have same right as owner, same, s. 2, - 299
Lien of landlord not affected, same, - - 299
Not to prevent levy of attachment at any time, same, s. 3, 299
staTs. Judgment on bond with warrant of attorney to be stayed, 1801,
ch. 19, s, 3, - - - 128
Two days allowed to stay, 1835, ch. 17, s. 10, - 432
Stayor liable before security in certain cases, 1825, ch. 82, s. 1, 655
Constable to render money in 30 days after stay, 1801, ch. 7,
s. - - - 180
Stay of four months in all judgments, 1835, ch. 41, s. 1, 685
Ilow stayor may be released, same, s. 2, - - 685
Judgment debtor to have two day's notice, same, - 685
Stayor may have judgment on motion, same, s. 3, - 685
When this act to take effect, same, s. 4, - - 656
stock. Penalty for altering or defacing mark or brand, 1741, ch. 8, s. 2, 686
To be prosecuted in six months, same, - - 686
Penalty for mismarking stock, same, - - 686
Penalty for suing offence and not informing, same, s. 3. 686
Confession good evidence in last offence, same, s. 4, - 686
Heads of stock killed in woods to be shewn, same, s. 5, 687
Owners of stock to recordmark, same, s. 6, - 687
To brand cattle in eight months, same, s. 7, - 687
Notice to be given of strange cattle, same, s. 9, - 687
Punishment of slaves for killing or mismarking, same, s. 10, 687
Not to turn stock into certain islands in Tennessee river, 1829,
ch. 31, s. 1* - - 687
Stock not to be driven t^> this sjate to range, 1835, ch. 62, s. 1, 688
Owners of land not to give leave, same, s. 2, - 688
May be attached, same, - - 688
strays. Taken up by freeholder when to be appraised, 1829, ch. 37, s. 2, 561
Taker up to return probate in 15 days, same, - 561
Householder on taking up to give b nd for safe keeping, &c.
same, s. 3, - - - 561
Stay not to be removed out of county in 12 months, same, s. 4, 561
index to the statutes#
ciii
Taker up about to remove, trustee to sue, same, s. 5, 581
Ranger !:> record description of stay and advertise, same, s. 6, 561
Stray k ises to be advertised in Gazette three weeks, same, s. 7, 562
Printer! tee one dollar,same, - - 562
If not pi ,>ved away taker up to pay one half appraisement, same,
s. 8, - - - 562
Hogs to be kept six months, same, s. 9, - 562
Cattle not to be taken up from 1st May t61st November, same,
s. 10, - 562
Stray not to be used untd appraised, same, s. 11, - 563
Stray to be property of taker up after 12 months, same, s. 12, 562
Owner to pay expences of keeping, and how ascertained, same,
s. 13, . 562
Owner may prove property after 12 months, and receive the half
value from trustee, same, s. 14, - - 562
Any person may search ranger'rs books for 121 cents, same, s. 15, 533
Taker up not liable for escape or death of stray, same, s. 16, 563
Ranger to furnish lists to county court.and trustee, same, s. 17, 563
Ranger to prosecute suit for violation ot stray laws, same, s. 18, 583
Trustee allowed credit for money not collected, same, s. 19, 583
When proven away probate to be returned to ranger, same, s. 20, 583
Justice's jurisdiction under stray laWs, $100, sam&, s. 21, 583
Sheep not to be posted until after five days'advertisement, same,
s. 22, - 564
Trustee indictable for neglect of duty, same, s. 23, - 564
Oath to be taken by taker up of stray, 1831, ch.,105, s.2, 584
Young stock to go with mother, same, - - 564
Ranger hnay administer oath, same, s. 3, - 564
stud Penalty for permitting stud colt to run out, 1803, ch. 20, s. 1, 688
horses. May be gelded at owner's expense, same, s. 2, - 688
Where owner is unknown, same proceeding, same, s. 3. 6S9
Fines applied to county purposes, same, s. 4, - 689
Penalty for standing stud or jack without license, 1835, ch. 13,
s.4, - 603
srnriTiF Estates to be managed as in other cases of death, 1787, ch. 31,
s. 1, - - - 6$9
taxes. See Revenue of State, of County, Revenue Commissioners, Reve-
nue Collectors.
surveyors. Duty in surveying land not described by metes and bounds, in
title bond of deceased person, 1794, ch. 5, s. 3, - 77
Compensation for such services, same, s. 6, 4 - 78
Two appointed by court to run out disputed lines, 1786, ch. 13,
s. 1, - - - 134
Fees for processioning same as in other cases, 1806, ch. 1, s. 21, 548
towns. Election of officers in, to be held by constable, 1833, ch. 56, s, 1, 184
Commissioner of to be appointed by county court, 1817, ch. 137,
s. 2, - - - - - 194
County court to fill vacancies incommissionres,1835, ch. 29, s. 12,207
civ
fndex TO THE STATUTES*
treasurer. Leaving office without paying over money to be moved "against
onJ:en days notice, 1807, ch. 06. s. 5, - - 689
Election of provided for; to give bond and take oath, 1835, ch.
27, s. 1, 690
Where to keep office, same, s. 2, - - - 690
To receive all public moneys, same, s. 3, - - 690
To pay to order of Comptroller and not otherwise, same, s. 4, 690
To keep account of receipts and payments, same, s. 5, - 690
Money not to be paid to persons owing the state, same, s. 6, 691
Penalty for misapplying funds, same, s. 7, - - 691
Governor to fill vacancy in recess, same, s. 8, - - 691
To make statement to General Assembly, same, s. 9, - 691
To make deposites in bunk, same, s. 10, - - 691
B ink to make monthly statements, same, s. 11, - - 691
Manner of keeping ledger, same, s. 12, - - 691
To hold office two years and settle with present treasurer, same,
s. 113, - - - - 692
Salary $1500, .... 640
Former laws repealed, same, s. 15, - - 692
trespass. Not to be brought after three years, 1715, ch. 27, s. 5, - 439
In quare clausum fresit certain facts to be pleaded in discharge,
same, s. 7, - - - - 692
trustees. May resign trust to circuit on chancery court, 1831, ch. 107,8.1, 693
Court to appoint another trustee, same, - - 693
Trustee may be removed on good cause, same, s. 2, - 693
trustee of His duty in disbursing tax for poor, 1797, ch. 5, s. 4, • 532
county. T° account for poor tax every year, same, s. 7, - 532
His compensation for services, same, s. 9, * - 533
To pay for pauper's coffin, 1833, ch. 89, s. 1, - 535
When to sue taker up of stray about to remove, 1829, ch, 37, s. 5, 561
Allowed credit for money on strays not collected, same, s. 19, 563
Indictable for neglect of duty under stray laws, same, s. 23, g64
To gixe bond at first court after election, 1796, ch. 15, s. 5, 693
To keep account of receipts and disbursements, same, s. 6, 694
In what to receive county reuenue, and his compensation, 1787,
ch. 14, s. 4, - - - - 694
Rents of school lands deposited with, 1817, ch. 125, s. 7, 694
Surplus of tax for particular objects how used, 1819, ch. 53, s.
10, - - - - 694
Accounts of uncollected stray money to be delivered to comrais-
sioners, 1821, ch. 17, s- 1, ... 694
Amount of bond of Trustee to be at discretion of court, same, 694
Claims to be paid in order of presentation, 1821, ch. 33, s. 1, 695
To give receipts to claimants, filing claim, 1821, ch. 34, s. 3, 695
Not to vote as justice on appropriations, 1823, ch. 42, s. 3, 695
To report to first court in each year, 1825, ch. 51, s. 11, - 695
When clerk to pay over public money, 1827, ch. 49, s. 11, - 695
Claim to be listed, numbered and handed to owmer, same, s. 19, 996
To settle immediately on resigning &c.. same, s. 24, - 696
To be moved against for failing to pay, same, s. 25, - 696
On quitting office to deliver up books of claims, same, 8.26, 696
index to the statutes.
ev
turnpike Vacancy in commissioners filled by county court, 1835, ch. 29,
roads. s. 12, ^
Penalty for obstructing or injuring roads, 1833, ch. 96, s. 1,
Penalty for removing obstructions placed by company, same,
s.2, .....
County court to appoint superintendents of, 1835, ch. 54, s. 1,
Punishment for taking illegal toll, same, s. 2,
Duty of grand jurors relative to this act, same, s. 3,
Grantee of Turnpike to forfeit privilege for suffering road to be
out of repair six months, same, s. 4,
Roads extending to two counties how commissioners appointed,
same, s. 5, - - »
Oath of commissioners, same, s. 6,
Proprietor or keeper liable as overseer of roads, 1835, ch. 66,
s. 1,
204
697
697
697
Vagrants. Proceedings against Vagrants, 1801, ch. 22, s. 1,
Persons of ill fame to have certificate, same, s. 2,
Not to stay more than ten days without permit, same,
.Penalty for harboring vagrant, same, s. 4,
Justices to issue warrant for vagrants, same, s. 5,
- 698
698
699
- 699
- 700
700
venue* Venue to be changed to nearest county, 1809, ch. 49, s. 17, $^700
Trial to be in county where offence was committed, 1809, ch.
126,s.3, . - - - 700
No change of venue out of term tiipe, 1811, ch. 72, s. 17, • 700
Venue ipay be changed for good cause, 1815, ch. 166, s. 8, 701
Only one change of venue in civil cases. 1819, ch. 43, s. 1, 701
Necessary affidavit for change of venue, 1825, ch. 78, s. 1, 701
Laws authorizing change of venue in criminal cases repealed,
1827,ch. 30, s. 1, * - - 701
Affidavit for continuance for excitement or prejudice, same, s. 2, 701
Verdicts. Verdicts in certain cases to be evidence, 1805, ch.45, s. 1, • 702
Clerks to enter up judgments in all cases, same, s. 2, - 702
Verdicts in old superior and county courts evidence, 1813, ch.
31, s. 1,
702
usury-
When admitted, judgment for principal and interest only, 1835,
ch. 50, s. 5, - - * - 407
How usury may be avoided, same, s. 4, - - 407
ware-hou- Storage allowed owners of, 1799, ch. 45, s. 1, * - 702
ses. County court to authorize warehouses to be built, 1815, ch. 29,
s. 1, * * * • 703
Fees of clerks, same, s. 2, i ♦ ♦ - 703
Nine justices to be present, same, s. 3, - - 703
All ware-houses to be deemed public, 1831,ch. 108, s. 1, • 703
weights Standard keeper and constable to search for false weights and
4 & measures, 1741, ch. 17, s. 8, - - - 703
measures. ^ne f°r having false weights or measures, same, - 703
Tax may be laid to buy standard of, 1803, ch. 11, s. 1, . - 70=1
0
tnbzx to the stattttes.
Standard of weights and measures specified, same, • 704
Oath of standard keeper, same, s. 2, - - 704
Fees of standard keeper, same, s. 3, - - 704
Standard keeper to give notice of reception of standard, same,
s. 4, - - 705
Penalty for selling without standard, same, ~ - 705
Standard keeper to file bond &c. same, s. 5, - 705
widows* May dissent from will in six months and claim dower, 1784, ch.
22, s. 8, ... 262
Proceedings by her to obtain dower, same, - - 262
If she agree, mansion house not to be included, 1823, ch. 37, s. 2, 265
Not barred of her dower in mortgaged land, 1715, ch. 38, s. 13, 497
Property exempt from execution in her hands, 1833, ch. 2, s. 1, 535
All exemptions to operate for widow, 1833, ch. 80, s. 3, - 535
What property she may take into possession until administra-
tion, 1813, ch. 119, s. 1, ... 705
Three freeholders to set apart years provision, same, s. 2, 705
Creditors not barred from levying their execution, same, s. 2, 705
Certain articles exempted from execution in her hands, 1833,
ch. 80, s. 3, - - - - 535
wills. Issue of devisavitvel non made up in circuit court, 1835, ch. 5,6. 9, 211
Verdict to be.certified to county court, same, - - 211
Widow may dissent from will in six months, 1784, ch. 22, s. 8, 262
Wills made in other-states how to be registered, 1831, ch. 90, s.
11, 593
Requisites to make good will, 1784, ch. 22, s. 11, - 706
'Devises of real estate deemed to be in fee unless otherwise ex-
pressed, same, s. 12, ... 706
How written will may be revoked by nuncupative will, same,
s. 14, - - - - 707
Requisites for a nuncupative will, same, s. 15, - 707
When and how nuncupative will to be proved, same, s. 16, 707
Will in hand writing of deceased When good, 1784, ch. 10, s. 5, 707
Probates in county court and copies good evidence, same, s. 6, 707
When fraud is suggested original to be produced, same, - 708
In what county wills to be proven, 1789, ch. 23, s. 1, - 708
One witness sufficient, if not contested, but otherwise, all must
prove, same, .... 708
Contested wills tried by jury, same, - - 708
County court to take probate and issue letters, 1794, ch. 1, s. 47, 708
How production of wills may be compelled, same, - 708
Penalty for not producing will, same, - - 708
Original will to be deposited in Clerk's office, same, s. 49, - 709
Copy of will proved mother state when to be recorded, 1823, ch.
31,s.l, - - - - 709
Copy how to be authenticated, same, s. 2, - - 709
Executors may qualify in this state, same, s. 3, - - 709
Punishment for destroying wills, 1829, ch. 23, s. 47, - 324
Proceedings in making up issue of devisavit vel non, 1835, ch. 6,
s.6, - - - - - 710
County court to certify fact of contested will and sqnd up the ori-
ginal, 1835, ch. 5, s. 9, - - 710
index, to the statutes. evii
Verdict to be certified to county court, same, - 710
Proceedings on contested wills, 1835, ch. 18, s. 2, - 710
witnesses* 2V^ay move against clerk or sheriff, for his costs, 1824, ch. 16,s. 2,157
To give three days notice, same, - 157
Party having witnesses summoned unnecessarily to be taxed
with costs, 1822, ch. 40, s. 1„ - - 241
In habeas corpus witnesses for both parties- to> be summoned,
1823, ch. 15, s. 1, - - - 374
Penalty on failure to attend, same,.s. 2, - - 374
When subscribing witnesses to deed are dead, 1831, ch. 90, s. 10, 593
Fees of witnesses to deeds, 1833, ch. 92, s. 9, - 596
Witnesses to deed fined for notattending to prove it, same, s. 10, 596
Two witnesses to a fact only to be paid, 1783, ch. 11, s. 4, 711
To prove attendance on, oath, same, - - 711
Rules taking testimony of witnesses, 1794, cht I, s. 28, - 711
SubpCBna to be issued by clerk, same, - - 711
Subpoena instanter only issued in term time, same, - 711
Witnesses to attend from term to term, same7 s.29, - 711
Penalty of $125 for not attending, same, - - 711
Suit compromised and witnesses noi discharged,, to be paid, same, 711
Witnesses swearing falsely for ticket guilty of perjury, same, 712
Aged or infirm witness to give'deposition, same, s. 30 and 31, 243
Witness refusing to testify to be committed to jail, same, s. 32, 712
Quakers to affirm, same, - - - 712
What persons disqualified from giving testimony, same, - 712
Witnesses for state to attend from day to day, same, s. 33, 712
Witnesses exempt from service of process, same, s. 34, - 712
Compensation of witnesses, same, s. 35, - - 713
Clerk- to take oath of witnesses to attend, same, s. 36, - 713
State witnesses to have same pay as in civil cases, same, s. 76, 191
Witnesses' pay before justices, 1804, ch. 9, s. 2, - 713
Per diem and milage pay, 1812, ch. 3. s. 1, - - 713
On motion for new trial witnesses to be subpcened, 1823, ch. 54,
s. 6, - - - - 500
Presiding judge may be witness, 1824, ch. 13, s. 1, - 714
Witness may prove attendance in four cases, same, s. 3, - 714
wolves. Reward for killing and how obtained, 1811, ch. 57, s. 1, - 714
Proof to be made, same, s. 2, - - - 714
woods No person to burn woods without notice, 1777, ch, 25, s. 2, - 715
burning. Punishment of slave, free negro &c. for burning woods, same,
b.4, 715
Penalty for violation of act of1777, ch. 25,1782, ch. 29, s. 1, 715
writs of May be granted by superior courts, 1794, ch. 1, s. 37, - 89
error. Procesdings to obtain writs of error in county court, same, s. 65 90
Proceedings on obtaining writs of error, same, - - 89
Rules for prosecuting writs of error, same, s. 76, - 91
Duty of clerk on receiving transcript on writs of error, same, s. 68, 91
Judgment on confession or injunction a release of error, 1801, ch.
6, s. 64, - - - - 82
JM&EX TO THK BTA7VTBM.
Proceedings on writs of error from circuit to supreme court,
1809, ch. 49, s. 26, - - .92
Proceedings on appeals in error, 1811, ch. 72, s. 11, - 93
Mode of obtaining writs of error in vacation, same, s. 12, * 93
Appeals in error from county to supreme court, both parties con>
senting, 1813, ch. 78, s. 2, - - -94
In appeals in error securities bound for debt, cost and damages,
1823, ch. 54,s. 2, - - - . - 95
Damages on affirmation of judgment on appeals in error, same, s.2, 95
When an appellant in error is nonsuited because the appeal is
not brought up in time, he may obtain writs of error, 1827,
ch.50, s. 1, - 95
In appeals in error securities liable for costs, debt and damages,
1827, ch. 72, s. 1, - - - - 96
When in vacation writs of error and supersedeas are granted, se-
curity bond for damages and costs only, same, - 96
Writs of error not to be dismissed without deciding on merits,
1829, ch. 103, s.2, 96
Not to be granted on chancellors decree after one year, 1835,
ch. 20, s. 16, - - - 232
Limited to two years, except as to infants &c., 1799, ch. 12, s. 1, 441
No writ of error from decree of chancellor after twelve months,
1835, ch. 20, s. 16, ^ r . 232