THE NEW CONSTITUTION
OP THE
STATE OP TENNESSEE,
AS REVISED BY THE
CONVENTION OF DELEGATES,
Assembled in Kashville, January 10. 1870. Submitted to the People
for their Ratification or Rejection.* Election, March 2tf, 1870,
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
Constitution of the United States and the act of cession of the
State of North Carolina, recognizing the ordinance for the govern-
ment of the territory of the United States northwest of the Ohio
River, by their Delegates and Representatives in Convention as-
sembled, 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
Constitution 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 Tennessee; and
Whereas, The General Assembly of the said State of Tennessee
(pursuant to the third section ol the tenth article of the Constitu-
tion.) by an act passed on the 27th 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, passed in
obedience to the declared will of the voters of the State, as ex-
pressed at the general election of August, in the year of our Lord
one thousand eight hundred and thirty-three, did authorize and
provide for the election by the people of delegates and representa-
tives, to meet at Nashville, in Davidson county, on the third Mon-
iv
the county in which the crime shall have been committed, and shall
not be compelled to give evidence against himself.
Sec. 10. That no person shall, for the same offense, be twice put
in jeopardy of life or limb.
Sec. 11. That laws made for the punishment of acts committed
previous to the existence of such laws, and by them only declared
criminal, arc contrary to the principles of a free government;
wherefore no ex -pout facto law shall be made.
Sec. 12. That no conviction shall work corruption of blood or
forfeiture of estate. The e-tate of such persons as shall destroy
their own lives, shall descend or vest, as in case of natural death.
If any person be killed by casualty, there shall be no forfeiture in
consequence thereof.
Sec. 13. That no person arrested and confined in jail shall be
treated with unnecessary rigor.
Sec. 14. That no person shall be put to answer any criminal
charge but by presentment, indictment or impeachment.
Sec. 15. That all prisoners shall be bailable by sufficient sureties,
unless for capital "offenses, when the proof is evident or the pre-
sumption great. And the privilege of the writ of Habeas Corpus
shall not be suspended, unless when, in case of rebellion or invasion,
the General Assembly shall declare the public safety requires it.
SiEC, 16. That excessive bail shall not be required, nor excessive
fees imposed, nor cruel and unusual punishments inflicted.
Sec. 17. That all courts shall be open ; and every man, for an in-
jury done him in his lands, goods, person or reputation, shall have
aramcdy 4tv "fee course of law, and right and justice administered
fethoivt sale, denial or delay. Suits may be brought against the
^State in such manner and in such eon its as the Legislature may, by
law, direct.
Sec. 18. The Legislature shall pass no law authorizing imprison-
tnent for debt in civil cases.
•Sec, 10. That the printing presses shall be free to every person
to examine the proceedings of the Legislature, or of any branch or
officer of the Government; and no law shall ever be made to res-
train the right thereof, The free communication of thoughts and
'Opinions is one of the invaluable rights of men, and every citizen
tnay freely speak, write and print on any subject, being responsible
for the abuse of that liberty. But in prosecutions for the publiea-
y
tion of papers investigating the official conduct of officers or men in
public capacity, the truth thereof may be given in evidence; and
in all indictments for libel, the jury shall have a right to determine
the law and the facts, under the direction of the court, as in other
criminal cases.
Sec. 20. That no retrospective law, or law impairing the obliga-
tion of contracts, shall be made.
Sec. 21. That no man's particular services shall be demanded,
or property taken or applied to public use, without the consent of
his representatives, or without just compensation being made
therefor.
Sec. 22. That perpetuities and monopolies are contrary to the
genius of a :ree State, and shall not be allowed.
Sec. 23. That the citizens have a right, in a peaceable manner,
to assemble together for their common good, to instruct their repre-
seiitatives, and to apply to those invested with the powers of gov-
ernment for redress of grievances, or other proper purposes, by ad-
dress or remonstrance.
Sec. 24. That the sure and certain defence of a free people is a
well regulated militia; and, as standing armies in time of peace are
dangerous to freedom, they ought to be avoided as far as the cir-
cumstances and safety of the community will admit; and that in all
cases, the military shall be kept in strict subordination to the civil
authority.
Sec. 25.. That no citizen of this State, except such as are em-
ployed in the army of the United States, or militia in active ser-
vice, shall be subjected to punishment under the ^martial or military
law. That martial law, in the sense of the unrestricted power of
military officers or others, to dispose of the persons, liberties or
property of the citizen, is inconsistent with the principles of free
government, and is not confided to any department of the govern-
ment of this State.
Sec. 26. That the citizens of this State have a right to keep and
to bear arms for their common defense. But the Legislature shall
have power, by law, to regulate the wearing of arms with a view
to prevent crime.
Sec. 27. That no soldier shall, in time of peace, be quartered in
any house without the consent of the owner y nor in time of war,
but in a manner prescribed by law.
vi
Sec. 28. That no citizen of this State shall be compelled to bear
arms, provided he will pay an equivalent, to be ascertained by
law.
Sec. 29. That an equal participation in the free navigation of
the Mississippi is one of the inherent rights of the citizens of this
State; it cannot, therefore, be conceded to any prince, potentate,
power, person, or persons whatever.
Sec. 30. That no hereditary emoluments, privileges or honors
shall ever be granted or conferred in this State.
Sec. 31. That the limits and boundaries of this State being as-
certained, it is declared they are as hereafter mentioned, that is to
say: Beginning on the extreme height of the Stone Mountain., at
the place where the line of Virginia intersects it, in latitude thirty-
six degrees and thirty minutes north; running thence along the ex-
treme height of the said mountain to the place where Watauga
River breaks through it; thence a direct course to the top of the
Yellow Mountain, 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; 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 mountain to the Painted Rock, on French
Broad- River; thence along the highest ridge of said mountain to
the place here 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 lim-
its 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, recognizing the Articles of
Confederation, the Bill of Rights, and Constitution of North Caro-
lino, the cession act of the said State, and the ordinance of Congress
for the government of the territory northwest of the Ohio. Pro-
vii
videdj nothing herein contained shall extend to affect the claim or
claims of individuals to any part of the soil which is recognized 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 hereinbe-
fore designated.
Sec. 32. That the erection of safe and comfortable prisons, the
inspection of prisons, and the humane treatment of prisoners, shall
be provided for.
Sec. 33. That slavery and involuntary servitude, except as a pun-
ishment for crime, whereof the party shall have been duly con-
victed, are forever prohibited in this State.
Sec. 34. The General Assembly shall make no law recognizing
the right of property in man.
ARTICLE II.
distribution of powers.
Section 1. The powers of the Government shall be divided into
three distinct departments: the Legislative, Executive and Judi-
cial.
Sec. 2. No person or persons belonging to one of these depart-
ments shall exercise any of the powers properly belonging to either
of the others, except in the cases herein directed or permitted.
legislative department.
Sec. 3. The Legislative authority of this State shall be vested in
a General Assembly, which shall consist of a Senate and House of
Representatives, both dependent on the people, who shall hold their
offices for two years from the day of the general election.
Sec. 4. An enumeration of the qualified voters, and an apportion-
ment of the Representatives in the General Assembly, shall be
made in the year one thousand eight hundred and seventy-one, and
within every subsequent term of ten years.
Sec. 5. The number of Representatives shall, at the several pe-
riods of making the enumeration, be apportioned among the several
counties o# districts, according to the number of qualified voters in
viii
each ; and shall not exceed seventy-five, until the palliation; of the
State shall be one million and a half, and shall never exceed! ninety-
nine; Provided, that any county having two-third^ of the raths»
shall be entitled to one member.
Sec. 6. The number of Senators shall, at the several periods of
making the enumeration,, be apportioned among the several counties
or districts, according to the number of qualified electors in each,
and shall not exceed one-third the number ©f representatives. In
apportioning the number of Senators among the different sounties,
the fraction that may be lost by any county or counties, in the ap-
portionment of members to the House of Representatives, shall be
made up to such county or counties in the Senate as near as may be
practicable. When a district is composed of two or more counties,
they shall be adjoining; and no county shaB be divided in forming
a district.
Sec. 7. The first election for Senators and Representatives shall
be held on the second Tuesday in November, one thousand eight
hundred and seventy; and forever thereafter, elections for members
of the General Assembly shall be held on®e in two year% on the
first Tuesday after the first Monday in November,. Slid dectiaas
shall terminate the same day.
Sec. 8. The first session of the General Assembly shall commence
on the first Monday in October, 1871, at which time the* terms of ser-
vice of the members shall commence, and expire on the first Tuesday
of November, 1872, at which session the Governor elected on the
second Tuesday in November, 1870, shall Ixc inaugurated ; ami for-
ever thereafter, the General Assembly shall meet mi the first Mon-
day in January next ensuing the election, at which session thereof
the Governor shall be inaugurated.
Sec. 9. No person shall be a Representative unless he shall be a
citizen of the United States of the age ©f twenty-one years, and
shall have been a eitizcn of this State for three years, and a resi-
dent in the county he represents one year immediately precising
the election.
Sec. 10. No person shall be a Senator unless he shafT be a citizen
of the United States of the age of thirty years, and shall have re-
sided three years in the State, and one year in the county ®r district
immediately preceding the election. No Senator or Representative
shall, during the.tun© for which he was elected, be sfigible to aaay
m
office or place of* frnst,.tEe appointment" ttn which is vested" im the
Executivmor the €£enerab Assembly,, except: to tile- office of trustee-
of a» literary institution.-
Sec. 1HL The Senate and Bouse of Representatives,. when*. assem*-
bledj shaiP each choose a Speakerandl its other officers^Be j udges of
the-qualififeations-aiMi; elections of'its^memBerSy.andi sit upon its own
adjournments from*day to-day- J^ofeless thamtwo-thirds offall the
members to*which;each house shall be-entitlkdshall constitute a quo-
Bum< to do*Business-; but a smaller nmnberKuiay adjournfrom day to
day,.,and may Beauthoriaed: bylliw to® compel the attendance of absent
members.
Sec. 12^ Each* house- may determine thee-rules of" its proceedings,
punish its-members for disorderly behavior, and, with the concur-
ranee of two-thibds, expel a meml>er-. but not a second time-> for the
same offense; and shall! have-all otller powers necessary foira; Branch
©f the Legislature of a free State.
Sec. 13k Senators anb!Rept?ese ntatawes- shall, im aH cases- except
treason, felbny, orr breach of the peace, be- privileged from: arrest
during the* session* of the General Assembly, and kngoing te>or re-
turning from the same-p andfor any speech or debaters either house
tshey shall not be cpestSmeeB im any other plbee.
Sec. 14k Each house may punish; By imprisonment, during: its-
session, any person not a member, who* shall! be^ gnilty of disrespect
ho the house, by any disorderly or any contemptuous- behavior in
fits-presence^
Sec. 15,. When vacancies happen in either house, the- Governor
for the time being shall' issue write of el'sctiomt© fill saaif vacancies..
Six;. 16.. Neitheirhouse-shall, during Its session, adjourn without
the consent of the-other, f®r more-than three dbys, nor tetany other*
place thamthat ira which tine two Bouses shall Be sitting--
Sec. 17. Bills-may originate in either house,- but may Be amend—
@d, altered or rsjbeted by the other. No* bill! shall become a law,
which embraces-more tham one subject; that s-ulject to he expressed
in the tithe. AM acts whieh repeaif. revive or- amend ffirmeK-ihws,
shall recite in the® caption or otherwise,, the title or substance of
the law repealed^ revived or amended.
Sec. ^8. Every-bill shall be read once on three different days, and
be passed each time in the'House where it originated, before trans*-
mission, fc§ the othea. No* biR shalllbeceme a?, law. uniiLit shads ham-
X
been read and passed, on three different days in each house, and
shall have received on its final passage, in each house, the assent of
a majority of all the members to which that house shall be entitled
under this Constitution, and shall have been signed by the respect-
ive Speakers in open session—the fact of such signing to be noted
on the journal; and shall have received the approval of the Gov-
ernor, or shall have been otherwise passed under the provisions of
this Constitution.
Sec. 19. 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, u Be it en-
acted by the General Assembly of the State of Tennessee" No law
of a general nature shall take effect until forty days after its pass-
age, unless the same or the caption shall state that the public wel-
fare requires that it should take effect sooner.
Sec. 21. Each house shall keep a journal of its proceedings, and
publish it, except such parts as the welfare of the State may require
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 of
the members on any question, shall, at the request of any five of
them, be entered on the journal.
Sec. 22. The doors of each house and of committeess of the whole
shall be kept open, unless when the business shall be such as ought
to be kept secret.
Sec. 23. The sum of four dollars per day, and four dollars for
every twenty-five miles traveling to and from the seat of govern-
ment shall be allowed to the members of each General Assembly
elected after the ratification of this Constitution, as a compensation
for their services. But no member shall be paid for more than
seventy-five days of a regular session, or for more than twenty days
of any extra or called session ; or for any day when absent from his
seat in the Legislature, unless physically unable to ^attend. The
Senators, when sitting as a court of impeachment, shall each receive
four dollars per day of actual attendance.
Sec. 24. No money shall be drawn from the treasury but in con-
sequence of appropriations made by law ; and an accurate state-
ment of the receipts and expenditures of the public money shall be
xi
attached to and published with the laws at the rise of each stated
■session of the General Assembly.
Sec. 25. No person who heretofore hath been, or may hereafter
be, a-collector or holder of public moneys, shall have a seat in either
house of the General Assembly, or hold any other office under the
State Government, until such person shall have accounted for and
paidlinto the treasury all sums for which he may be accountable or
liable.
Sec. 26. No judge of any court of law or equity, Secretary of
State, Attorney General, Register, Clerk of any court of record, 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
this State hold more than one lucrative office at the same time ; Pro-
vided, That no appointment in the militia, or to the office of Justice
of the Peace, shall be considered a lucrative office, or operative as a
disqualification to a seat in either house of the General Assembly.
Sec. 27. Any member of either house of the General Assembly
shall have liberty to dissent from and protest against any act or re-
solve, which he may think injurious to the public or to any individ-
ual, and to have the reasons for his dissent entered on the journals.
Sec. 28. All property, real, personal or mixed, shall be taxed,
but the Legislature may except such as may be held by the State
by counties, cities or towns, and used exclusively for public or cor-
poration purposes, and such as may be held and used for purposes
:purely religious, charitable, scientific, literary or educational, and
shall except one thousand dollars worth of personal property in the
hands of each tax-payer, and the direct product of the soil in the
hands of the producer and<> is immediate vendee. All property
'shall be taxed according to its value, that value to be ascertained in
such manner as the Legislature shall direct, so that taxes shall be
equal and uniform throughout the State. No one species of prop-
erty from which a tax may be collected shall be taxed higher than
any other species of property of the same value. But the Legisla-
ture shall have power to tax merchants, peddlers, and privileges in
such manneras they may from time to time direct.
The portion of a merchant's capital used in the purchase of mer-
chandise sold by him to non-residents and sent beyond the State,
shalh not be taxed at a rate higher than the ad valorem, tax on prop-
erty.
XII?
The Legislature siialT Rave tile power to levy a tax upon* incomes-
derived from stocks and bonds that are not taxed ad vaiarem..
All mate citizens of this- State over the age s of t wenty-orae years,
except sa®R persons as mayr be exempted br law on account of age
or other ikffrmiiy, shall be liable to a poIT tax of* not less than fifty
cents nor- more than* one dollar per antrum. Nor shall an/ county
or corporation levy a poll tax: exceeding: the amount levied by the
State-
Sec. 29i The-General? Assembly shail- have power to* a 11 thorize the
several counties- and incorporated towns in this State, to* impose
taxes for county and corporation purposes respectively, in such man-
ner as slialll Be prescribed by Jhw; and! all property shall he taxed
according to* its value, upon the principles established! in regard to
State-taxation. But the eredQr of no county,, city or town shall.be
gi vera or loaned to* or in aid of" any person^ company, association or
corporation, except upon* an efeefion to be first FieM by- the qualified
voters of such county, city or town, and the assent of" three-fourths
@f the votes east at said election. Nor shall am7 county-,.city or
towns become- a stockholder with others in any company, association
or corporation, except apom a like- efeetiom and the assent
of a like majority. Bfrt the- counties of Grainger, Hawkins,
Hancock, Union,. Campbell, Scott, Morgan, Grundy-, Stonoer,
Smith, Fentress, Uam Buren, White). Putnamy . Overtony. Jack-
son, Cumberland, Andferson, Henderson^. Wayney. Marshall, C&eke>.
Coffee, Macon, and the new county herein authorized! to* be*
established! out of fractions of* Sumnery Maeon, Mid Smiths coun—
ties, and Bfoane, shall be excepted out of the provisions-of this
section, so far that the assent of a majority of the qualified
voters of either of" said counties voting on the question shall?
be sufficient, when the credit of such county is given or
loaned! to any person, association or corporation... Provided, That
the exception of the counties above named shall not be in force be-
yondifche year one thousand eight hundred and eighty, and after
that period they shall be subject to the three-fourths majority apr-
piicable to the other counties of the State..
Sec. 30. No article manufactured of tile produce of this State*
shall be taxed otherwise than to pay inspection fees.
Sec. The ©redit of this State shall not be hereafter loaned or-
given to-, cur in. aid of any person,, association,, company,, corpora^
icm
tlon, -or mtmlcipahty, shall $*e State become the <»wacr., in
whole or in part,-of any bank-, or a -stockholder with otliers ha any
association, -company, ©arpoaation, -or municipality.
Sec, $2. No Gonventiou m General Assembly of this State -shai.
act upon any amendment -of the Constitution of the United States
proposed byGongress to the several States,* unless such Oonven-
tion or General Assembly shall have been-elected after such-amend-
ment is submitted.
Sec. 33. No bonds *©£ the State shall be issued to -any -railroad
company which, at -the time of its application for the same, shall
be in default in paying the interest upon the State bonds previ-
ously loaned to it, or that shall hereafter and before such appli-
cation, sell or absolutely dispose *©f any State bonds -loaned to it
for less than patv
AlTICbiE III,
execotive pepaet-mknt,
Section I. The supreme -.Executive power-of siiis State sihallbe
vested in a Governor-,
Sec, 2, 1 he Gov-eirior shall -be ohoscn by theolectors of the mem-
be is of the General Assembly, at the time and places where they
shall respectively vote for tlwj members thereok The returns of
every election for Governor shall be sealed up and transmitted to
the seat of government, by the returning officers, directed to the
Speaker of the Senate, who shall open and publish them in the
presence of a majority of the members of each House of the Gen-
oral 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 Gov-
ernor 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 citizen
of the United States, and shall have been a citizen of this State
seven years next be lore his election.
Sec, 4. The Governor shall hold his office for two years, and tin-
til his successor shall be elected and qualified. He shall not be
eligible more than six years in any term of eight.
xiv
Sec. 5. He shall be Commander-in-chief of the army and navy
of this State, and of the militia, except when they shall be called
into the service of the United States; but the militia shall not be
called into service except in case of rebellion or invasion, and then
only when the General Assembly shall declare by law that the pub-
lie safety requires it.
Sec. 6. He shall have power to grant reprieves and pardons, after
conviction, except in cases of impeachment.
Sec. 7. He shall, at stated times, receive a compensation for his
services, which shall not be increased or diminished during the pe-
riod tor which he shall have been elected.
Sec. 8. He may require information, in writing, from the officers
in the executive department, upon any subject relating to the duties
of their respective offices.
Sec. 9. He may, on extraordinary occasions, convene the General
Assembly by proclamation, in which he shall state specifically the
purposes tor which they are to convene; but they shall enter on no
legislative business except that for which they were specifically
called together.
Sec. 10. He shall take care that the laws be faithfully executed.
Sec. 11. He shall, from time to time, give to the General Assem-
bly information of the State of the government, and recommend for
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 shall
devolve on the Speaker of the Senate ; and in case of the death, re-
moval 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.
Sec. 13. No member of Congress, or person holding any office
under the United States, or this State, shall execute the office of
Governor.
Sec. 14. When any officer, the right of whose appointment is by
this Constitution vested in the General Assembly, shall, during the
recess, die, or the office, by the expiration of the term, or by other
means, become vacant, the Governor shall have power to fill such
vacancy by granting a temporary commission, which shall expire at
the end of the next session of the Legislature.
Sec. 15. There shall be a seal of this State, which shall be kept
XV
by the Governor and used by him officially, and shall be called the
Great Seal of the State of Tennessee.
Sec. 16. All grants and commissions shall be in the name and by
the authority of the State of Tennessee, be sealed with the State
seal and signed by the Governor..
Sec. 17. A Secretary of State shall be appointed by joint vote of
the General Assembly, and commissioned during the term of four
years; be shall keep a fair register of all the official acts and pro-
ceedings 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.
Sec. 18. Every bill which may pass both Houses of the General
Assembly, shall, before it becomes a law, be presented to the Gov-
ernor for his signature. If he approve, he shall sign it, and the
same shall become a law; but if he refuse to sign it, he shall re-
turn it, with his objections thereto in writing, to the House in
which it originated; and said House shall cause said objections to
be entered at large upon its journal, and proceed to reconsider the
bill. If, after such reconsideration, a majority of all the members
elected to that House shall agree to pass the bill, notwithstanding
the objections of the Executive, it shall be sent, with said objec-
tions, to the other House, by which it shall likewise be reconsid-
ered. If approved by a majority of the whole number elected to
that House, it shall become a law. The votes of both Houses shall
be determined by yeas and nays, and the names of all the members
voting for or against the bill shall be entered upon the journals of
their respective Houses. If the Governor shall fail to return any
bill, with his objections, within five days (Sundays excepted) after
it shall have been presented to him, the same shall become a law
without his signature, unless the General Assembly, by its adjourn-
raent prevents its return, in which case it shall not become a law.
Every joint resolution or order (except on questions of adjourn-
ment) shall likewise be presented to the Governor or his signa-
ture, and before it shall take effect shall receive his signature; and
on being disapproved by him, shall, in like manner, be returned
with his objections; and the same, before *it shall take effect, shall
be repassed by a majority of all the members elected to both Houses,
in the manner and according to the rules prescribed in case of a "bill.
TO
Ainr&cLi: TW.
EIiiSCTJ®S?S.
BasOTWHS' 3L. Bwy male person *of the age «of twenty-one years,
heing a citizen of the United States, and a resident of this ^State for
twelve ^months, and of the county whesein heunay offer his vote for
six-months next preceding iihe day of election, shall he entitled to
vote for members of the General-A ssembly, and other civil officers
for the county or district in which he resides^ and il*ere shall be no
qualification attached to the right*of suffrage, except that each voter
shall give to the J udges of -election, where he«efiferseto vote^-satisfac-
tory evidence that he has,paid his poll taxes assessed-against him for
such preceding period as the Legislature ^shall prescribe, and at such
time as may be prescribed by law; without which hdswote cannot be
received. And all male citizens of the State «ha 11 he subject to the
payment of poll taxes and the "performance of -military duty within
such agesas may -bepreseribedhy law. TheGen era 1 Assembly shall
have power to enact laws requiring voters to vote in the election pre-
einets in -which they may reside, and daws to secure the freedom of
elections and the Jpurity"of theLalfotebox.
Sec, -2. Laws may be passed excluding from the right of suffrage
persons who may be convictedef infamous crimes.
Sec, 3. Electors shall, in all cases, except treason, felony, or
breach of the peace, be privileged from arrestmr summons, during
their attenda&ce at elections, and in going to -and returning from
them.
Sec. 4. In $11 elections to be made % the General Assemby, the
members thereof shall vote .viva voce, and their votes shall be entered
on the Journal. All otlter-.elections-shall he by ballot,
A El? I CLE V,
impeachments,
Section L The Mouse of .Eeprcsentatives shall have the sole
power of impeachment.
Sbc. -2. All impeachments "shall "he tried by the Senate. When
sitting for that purpose, the Senators shall be upon oath or affirmation,
xvii
and the Chief Justice of the Supreme Court, nr if he be on trial,
the Senior Associate Judge shall preside over them. 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 impeach-
ments. No impeachment shall be tried until the Legislature shal\
have adjourned sine die, when the Senate shall proceed to try such
impeachment.
Sec. 4. The Governor, Judges of the Supreme Court, Judges of
the Inferior Courts, Chancollors, Attorneys for the State, Treasurer,
Comptroller and Secretary 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 dis-
qualification; but judgment shall only extend to removal from office,
and disqualification to fill any office thereafter. The party shall, nev-
ertheless, be liable to indictment, trial, judgment and punishment
according to law. The Legislature now has, and shall continue to have,
power to relieve from the penalties imposed, any person disqualified
from holding office by the judgment of a Court of Impeachment.
Sec. 5. Justices of the Peace and other civil officers, not herein-
before mentioned, for crimes or misdemeanors in office, shall be liable
to indictment in such courts as the Legislature may direct; 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.
judicial department.
Section 1. The judicial power of this State shall be vested in
one Supreme Court, and in such Circuit, Chancery and other infe-
rior courts as the Legislature shall, from time to time, ordain and
establish, in the Judges thereof, and in Justices of the Peace. The
Legislature may also vest such jurisdiction in Corporation Courts as
may be deemed necessary; courts to be holden by Justices of the
Peace may also foe established.
2A
xviii
Sec. 1. The Supreme Court shall consist of five judgesy-of whom
not more than two shall reside in any one of the grand divisions of
the State. The judges shall designate one of their own number who
shall preside as Chief Justice. The concurrence of three of the
judges shall, in every case, be necessary to a decision.- The jurisdic-
tion 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 court shall be held at* Knoxville,
Nashville and Jackson.
Sec. 3. The Judges of the Supreme Court shall be elected by the
qualified voters of the State. The Legislature shall have power to
prescribe such rules as may be necessary to carry out the provisions
of Section 2, of this article. Every Judge of the Supreme Court
shall be thirty-five years of age, and shall, before his election, have
been a resident of the State for five years. His term of service
shall be eight years.
Sec. 4. The Judges of the Circuit and Chancery Courts, and of
other inferior courts, shall be elected by the qualified voters of the
district or circuit to which they are to be assigned. Every judge of
such courts shall be thirty years of age, and shall, before his election,
have been a resident of the State for five years, and of the circuit or
district one year. His term of service shall be eight years.
Sec. 5. An Attorney General and Reporter for the State, shall
be appointed by the Judges of the Supreme Court, and shall hold
his office for a term of eight years. An Attorney for the State for any
circuit or district for which a judge having criminal jurisdiction shall
be provided by law, shall be elected by the qualified voters of such
circuit or district, and shall hold his office for a term of eight years,
and shall have been a resident of the State for five years, and of the
circuit or district, one year. In all cases where the Attorney for any
district fails or refuses to attend and prosecute according to law,, the
Court shall have power to appoint an Attorney pro tempore.
Sec. &. Judges and Attorneys for the State may be removed
from office by a concurrent vote of both Houses of the General As-
sembly, each House voting separately; but two-thirds of the members
to which each House may be entitled, must concur in such vote; the
vote shall be determined by ayes and noes, and the names of the mem-
bers voting for or against the Judge or Attorney for the State, together
xix
with the cause or causes of removal, shall be entered on the journal
of each House, respectively. 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.
Sec. 7. The Judges of the Supreme or Inferior Courts shall,
at stated times, receive a compensation for their services, to be as-
certained by law, which shall not be increased or diminished dur-
ing the time for which they are elected. They shall not be allowed
any fees or perquisites of office, nor hold any office of trust or profit
under this State or the United States.
Sec. -8. The jurisdiction of the Circuit, Chancery, and other in-
ferior courts, shall be as now established by law, until changed by the
Legislature.
Sec. 9. Judges shall not charge juries with respect to matters
of fact, but may state the testimony and declare the law.
Sec. 10. The Judges or Justices of inferior courts of law and
equity, shall have power in civil cases, to issue writs of certiorari,
to remove any cause or the transcript of the record thereof, from
any inferior jurisdiction in such court of law, on sufficient cause,
supported by oath or affirmation.
Sec. 11. No Judge of the Supreme or Inferior Courts shall pre-
side on the trial of any cause in the event of which he may be interested,
or where either of the parties shall be connected with him by affinity
or consanguinity, within such degrees as may be prescribed 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 the requi-
site number of men, of law knowledge,, for the trial and determina-
tion thereof. The Legislature may, by general laws, make provis-
ion that special Judges may be appointed to hold any court, the
Judge of which shall be unable or fail to attend or sit, or to hear
any cause in which the Judge may be incompetent.
Sec. 12. All writs and other process, shall run in the name of the
State of Tennessee; and bear test and be signed by the respective
XX
clerks. Indictments shall conclude, " against the peace and dignity
of the State."
Sec. 13. Judges of the Supreme Court shall'appoint their clerks,
who shall^ hold their offices for six years. Chancellors shall appoint
their clercjs and masters, who shall hold their offices for six years.
Clerks ot the inferior courts, holden in the respective counties or dis-
tribts, shall be elected by the qualified voters thereof, for the term of
four years. Any clerk may be removed from office for malfeasance*
inc >mpetency 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, 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 of this State shall be laid off as
the General Assembly may direct, into districts of convenient size,
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
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. Thejuris-
diction of said officers shall be co-extensive with the county. Justices
of the Peace shall be elected for the term of six, and Constables for
the term of two years. Upon removal of either of said officers from
the district in which he was elected, his office shall become vacant
from the time of such removal. Justices of the Peace shall be com-
missioned 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.
state and county officers.
Section 1. There shall be elected in each county, by the qualified
voters therein,one Sheriff, one Trustee and one Register; the Sheriff
and Trustee for two years; but 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,
XXI
one Coroner, and one Ranger, who shall hold their offices for two
years. Said officers shall be removed for malfeasance, or neglect of
♦ duty, in such manner as may be prescribed by law.
Sec. 2. Should a yacancy occur, subsequent to an election, in the
office of Sheriff, Trustee or Register, it shall be filled by the Jus-
tices; if in that of the Clerk 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 and a Comp-
troller of the Treasury, appointed for the State, by the vote of both
Houses of the General Assembly, who shall hold their offices for
two years.
Sec 4. The election of all officers and the filling of all vacancies
not otherwise directed or provided by this Constitution, shall be
made in such manner as the Legislature shall direct.
Sec. 5. Elections for judicial and other civil officers, shall be held
on the first Thursday in August, one thousand eight hundred and
seventy, and forever thereafter on the first Thursday in August next
preceding the expiration of their respective terms of service.
The term of each officer so elected shall be computed from the first
day of September next succeeding his election. The term of office
of the Governor and other executive officers, shall be computed from
the 15th of January next after the election of the Governor. No
appointment or election to fill a vacancy shall be made for a period
extending beyond the unexpired term. Every officer shall hold his
office until his successor is elected or appointed and qualified. No
special election shall be held to fill a vacancy in the office of Judge
or District Attorney, but at the time herein fixed for the biennial
election of civil officers. And such vacancy shall be filled at the
next biennial election occurring more than thirty days after the va-
cancy occurs.
ARTICLE VIII.
militia.
Section 1. All militia officers shall be elected by persons subject
to military duty, within the bounds of their several companies, bat-
xxii
talions, regiments, brigades and divisions, under such rules and regu-
lations as the Legislature may, from time to time, direct and establish.
Sec. 2. The Governor shall appoint the Adjutant-general, and
his other staff officers; the Major-generals, Brigadier-generals, and
commanding officers of regiments, shall respectively appoint their
staff officers.
Sec. 3. The Legislature shall pass laws exempting citizens be-
longing to any sect or denomination of religion, the tennets of which
are known to be opposed to bearing arms, from attending private
and general musters.
ARTICLE IX.
disqualifications.
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 state
of rewards and punishments, shall hold any office in the civil de-
partment of this State.
Sec. 3. Any person who shall, after the adoption of this Consti-
tution, fight a duel, or knowingly be the bearer of a challenge to
fight a duel, or send, or accept a challenge for that purpose, or be an
aider or abettor in fighting a duel, shall be deprived of the right to
hold any office of honor or profit in this State, and shall be pun-
ished otherwise, in such manner as the Legislature may prescribe.
ARTICLE X.
oaths, bribery of electors, new counties.
Section 1. Every person who shall be chosen or appointed to
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
United States, and an oath of office.
Sec. 2. Each member of the Senate and House of Represents-
xxiii
tives, shall, before they proceed to business, take an oath or affirma-
tion 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, I will,
in all appointments, vote without favor, affection, partiality, or pre-
judice; and that I will not propose or assent to any bill, vote or reso-
lution, 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."
Sec. 3. Any elector who shall receive any gift or reward for his
vote, in meat, drink, money, or otherwise, shall suffer such punish-
ment as the laws shall direct. And any person who shall directly
or indirectly, give, promise or bestow any such reward to be elected,
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 two hundred and seventy-five square miles,
and which shall contain a population of seven hundred qualified
voters. No line of such county shall approach the Court-house of
any old county, from which it may be taken, nearer than eleven miles,
nor shall said old county be reduced to less than five hundred square
miles. But the following exceptions nre made to the foregoing pro-
visions, viz.: New counties may be established by the present or any
succeeding Legislature, out of the following territory, to-wit: Out of
that portion of Obion county which lies west of low water mark of
Reel Foot Lake: Out of fractions of Sumner, Macon and Smith
counties, but no line of such new county shall approach the Court-
house of Sumner or Smith counties nearer than ten miles, nor include
any part of Macon county lying within nine and a half miles of the
Court-house of said county: nor shall more than twenty square miles
of Macon county, nor any part of Sumner county lying due west of
the western boundary of Macon county, be taken in the formation cf
said new county : Out of fractions of Grainger and Jefferson coun-
ties, but no line of such new county shall include any part of Grain-
ger county north of Holston River; nor shall any line thereof ap-
proach the Court-house of Jefferson county nearer than eleven miles;,
such new county may include any other territory which is not ex-
xxiv
eluded by any general provisions of this Constitution : Out of frac-
tions of Jackson and Overton counties, but no line of such new
county shall approach the court-house of Jackson or Overton coun-
ties nearer than ten miles; nor shall such county contain less than four
hundred qualified voters, nor shall the area of either of the old coun-
ties be reduced below four hundred and fifty square miles : Out of
fractions of Roane, Monroe and Blount counties, around the town of
Loudon, but no line of such new county shall ever approach the towns
of Mary ville, Kingston or Madisonville nearer than eleven miles, ex-
cept that on the south side of Tennessee River said lines may approach
as near as ten miles to the court-house of Roane county.
The Counties of Lewis, Cheatham and Sequatchie, as now estab-
lished by legislative enactments, are hereby declared to be constitu-
tional counties. No part of Bledsoe county shall be taken to form
a new county, or a part thereof, or be attached to any adjoining
county.
That portion of Marion county, included within the following
boundaries: Beginning on the Grundy and Marion County line,
at the Nick-a-jack Trace, and running about six hundred yards
west of Ben Posey's, to where the Tennessee Coal Railroad crosses
the line, running thence south-east, through the Pocket, near Wil-
liam Summer's, crossing the Battle Creek Gulf at the corner of
Thomas Wooten's field; thence running across the Little Gizzard
Gulf at Raven Point; thence in a direct line to the bridge crossing
the Big Fiery Gizzard ; thence in a direct line to the mouth of Holy
Water Creek; thence up said creek to the Grundy County line, and
thence with said line to the beginning, is hereby detached from
Marion County, and attached to the County of Grundy.
No part of a county shall be taken off to form a new county, or a
part thereof, without the consent of two-thirds of the qualified voters
in such part taken off. And, where an old county is reduced for
the purpose of forming a new one, the seat of justice in said old
county shall not be removed, without the concurrence of two-thirds
of both branches of the Legislature, nor shall the seat of justice of
any county be removed without the concurrence of two-thirds of the
qualified voters of the county. But the foregoing provision requir-
ing a two-thirds majority of the voters of a county to remove its
county seat, shall not apply to the counties of Obion and Cocke.
The fractions taken from old counties to>form new counties, orta-
XXV
ken from one ccranty and added to another, shall continue liable for
their pro rata of all debts contracted by their respective counties
prior to the separation, and be entitled to their proportion of any
stocks or credits belonging to such old counties.
Sec. 5. The citizens who may be included in any new county
shall vote with the county or counties, from which they may have
been stricken off, for the members of Congress, for Governor, and
for members of the General Assembly, until the next apportionment
of members of the General Assembly after the establishment of
snch new county.
ARTICLE XI.
miscellaneous provisions.
Section 1. All laws and ordinances now in force and in use in this
State, not inconsistent with this Constitution, shall continue in force
and use, until they shall expire, or be altered or repealed by the
Legislature. But ordinances contained in any former Constitution
or schedule thereto, are hereby abrogated.
Sec. 2. Nothing contained in this Constitution shall impair the
validity of any debts or contracts, or effect any rights of property,
or any suits, actions, rights of action, or other proceedings in courts
of justice.
Sec. 3. Any amendment or amendments to this Constitution
may be proposed in the Senate or House of Representatives; and, if
the same shall be agreed to by a majority of 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 then next chosen as aforesaid,
such 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 Generaly Assembly to submit such proposed amendment
or amendments to the people, in such manner, and at such times as
the General Assembly shall prescribe. And if the people shall ap-
prove and ratify such amendment or amendments, by a majority of
all the citizens of the State, voting for Representatives, voting in
their favor, such amendment or amendments shall become a part of
xxvi
this Constitution. "When any amendment or amendments to the
Constitution, shall be proposed in pursuance of the foregoing pro-
visions, the same shall, at each of said sessions, be read three times
on three several days in each House. The Legislature shall not
propose amendments to the Constitution offcener than once in six
years. The Legislature shall have the right, at any time, by law,
to submit to the people the question of calling a Convention to alter,
reform or abolish this Constitution, and when, upon such submission, a
majority of all the votes cast shall be in favor of said proposition,
then delegates shall be chosen, and the Convention shall assemble in
such mode and manner as shall be prescribed.
Sec. 4. The Legislature shall have no power to grant divorees,
but may authorize the courts of justice to grant them for such causes
as may be specified by law; but such laws shall be general and uni-
form in their operation throughout the State.
Sec. 5. The Legislature shall have no power to authorize lotte-
ries for any purpose, and shall pass laws to prohibit the sale of lot-
tery tickets in this State.
Sec. 6. The Legislature shall have no power to change the names
of persons, or to pass acts adopting or legitimating persons, but shall,
by general laws, confer this power on the courts.
Sec. 7. The Legislature shall fix the rate of interest, and the
rate so established shall be equal and uniform throughout the State;
but the Legislature may provide for a conventional rate of interest,
not to exceed ten per cent, per annum.
Sec 8. The Legislature shall have no power to suspend any gen-
eral 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 indi-
viduals, rights, privileges, immunities or exemptions, other than such
as may be, by the same law, extended to any member of the commu-
nity who may be able to bring himself within the provisions of such
law. No corporation shall be created, or its powers increased or di-
minished by special laws; but the General Assembly shall j^rovide
by general laws, for the organization of all corporations hereafter
created, which laws may, at any time, be altered or repealed; and
no such alteration or repeal -shall interfere with, or divest, rights
which have become vested.
xxvii
Sec. "9. The Legislature shall have the right to vest such powers
in the courts of justice, with regard to private and local affairs, as
may be deemed expedient.
Sec. 10. A well regulated system of internal improvement is
calculated to develop the resources of t the State, and promote the hap-
piness and prosperity of her citizens ; therefore, it ought to be en-
couraged by the General Assembly.
Sec. 11. A homestead, in the possession of each head of a fam-
ily, and the improvements thereon, to the value in all, of one
thousand dollars, shall be exempt from sale under legal process
during the life of such head of a family, to inure to the benefit of
the widow, and shall be exempt during the minority of their chil-
dren occupying the same. Nor shall said property be alienated
without the joint consent of husband and wife, when that relation
exists. This exemption shall not operate against public taxes, nor
debts contracted for the purchase money of such homestead, or im-
provements thereon.
Sec. 12. Knowledge, learning and virtue, being essential to the
preservation of Republican institutions, and the diffusion of the op-
portunities and advantages of education throughout the different por-
tions 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-
ceeds thereof, dividends, stocks and other property of every descrip-
tion whatever, heretofore by law appropriated by the General As-
sembly of this State for ihe use of common schools, and all such as
shall hereafter be appropriated, shall remain a perpetual fund, the
principal of which shall never be diminished by Legislative appro-
priation ; and the interest thereof shall be inviolably appropriated to
the support and encouragement of common schools throughout the
State, and for the equal benefit of all the people thereof; and no law
shall be made authorizing said fund or any part thereof to be
diverted to any other use than the support and encouragement of
common schools. The State taxes derived hereafter from polls shall
be appropriated to educational purposes, in such manner as the Gen-
eral Assembly shall, from time to time, direct by law. No school es-
tablished or aided under this section shall allow white and negro
children to be received as scholars together in the same school. The
xxviii
above provision shall not prevent the Legislature from carrying into
effect any laws that have been passed in favor of the Colleges, Uni-
versities, or Academies, or from authorizing heirs or distributees to
receive and enjoy escheated property under such laws as may be
passed from time to time.
Sec. 13. The General Assembly shall have power to enact laws
for the protection and preservation of game and fish within the State,
and such laws may be enacted for and applied and enforced in par-
ticular counties or geographical districts designated by the General
Assembly.
Sec. 14. The intermarriage of white persons with negroes, mu-
lattoes, or persons of mixed blood, descended from a negro to the
third generation, inclusive, or their living together as man and wife,
in this State, is prohibited. The Legislature shall enforce this sec-
tion by appropriate legislation.
Sec. 15. No person shall, in time of peace, be required to per-
form any service to the public on any day set apart by his religion
as a day of rest.
Sec. 16. The declaration of rights, hereto prefixed, is declared
to be a part of the Constitution of this State, and shall never be
violated on any pretense whatever. And to guard against trans-
gression of the high powers we have delegated, we declare that every
thing in this Bill of Rights contained is excepted out of the general
powers of the government, and shall forever remain inviolate.
Sec. 17. No county office created by the Legislature shall be-
filled otherwise than by the people or the County Court.
THE SCHEDULE.
Section 1. That no inconvenience may arise from a change of
the Constitution, it is declared that the Governor of the State, the
members of the General Assemply, and all officers elected at or after
the general election of March, 1870, shall hold their offices for the
terms prescribed in this Constitution.
Officers appointed by the courts; shall be filled by appointment, to
xxix
be made and to take effect during the first term of the court held by
Judges elected under this Constitution.
All other officers shall vacate their places thirty days after the day
fixed for the election of their successors under this Constitution,
The Secretary of State, Comptroller and Treasurer, shall hold
their offices until the first session of the present General Assembly
occurring after the ratification of this Constitution, and until their
successors are elected and qualified.
The officers then elected shall hold their offices until the 15th day
of January, 1873.
Sec. 2. At the first election of Judges under this Constitution,
there shall be elected six Judges of the Supreme Court, two from
each grand division of the State, who shall hold their offices for the
term herein prescribed.
In the event any vacancy shall occur in the office of either of
said Judges at any time after the first day of January, 1873, it shall
remain unfilled, and the court shall from that time be constituted of
five Judges.
While the court shall consist of six Judges they may sit in two
sections, and may hear and determine causes in each at the same
time, but not in different grand divisions at the same time.
When so sitting the concurrence of two Judges shall be necessary
to a decision.
The Attorney-general and Reporter for the State shall be ap-
pointed after the election and qualification of the Judges of the
Supreme Court herein provided for.
Sec. 3. Every Judge and every officer of the Executive Depart-
ment of this State, and every Sheriff holding over under this Con-
stitution shall, within twenty days after the ratification of this Con-
stitution is proclaimed, take an oath to support the same ; and the
failure of any officer to take such oath shall vacate his office.
Sec. 4. The time which has elapsed since the 6th day of May,
1861, until the 1st day of January, 1867, shall not be computed in
any cases affected by the statutes of limitation, nor shall any writ of
error be affected by such lapse of time.
Done in Convention, at Nashville, the 23d day of February, in the
year of our Lord one thousand eight hundred and seventy, and of
qqq-
the independence of the United States, the ninety-fourth. Tntesti-
mony whereof we have hereunto set our names.
JOHN C. BROWN,, President.
Attest:
John Allen,
Jesse Arledge,
Humprey Bate,
Jno. Baxter,
A. Blizzard,
Mathan, Brandon,
James Britton,
R. P. Brooks,
Neill S. Brown,
James S. Brown,
T. M. Burkett,
Jno. W. Burton,
"Wm. Byrne,
Alex. W. Campbell,
"Wm. Blount Cartel,
Z. R. Chowning,
James A. Coffin,
Warren Cummings,
Robert P. Cypert,
T. D. Deavenport,
M. V. Deaderick,
G. G. Dibrell,
"W. F. Doherty,
J. E. Dromgoole,
James Fentress,
A. T. Fielder,
P. G. Fulkekson,
John A. Gardner,
John E. Garner,
S. P. Gaut,
Charles N. Gibbs,
B. Gordon,
J. B. Heiskell,
R. Henderson,
H. L. W. Hill,
Spl. Hill,
Sam. S. House,
Jno. F. House,
T. B. Ivie,
Thomas M. Jones,
David N. Kennedy,
D. M. Key,
Sam. J. Kikkfatrpck,
A. A. Kyle,
Jos. A. MabrY,
A. G. McDougal^
Malcomb McNabb,
Matt Martin,
John H. Meeks,
Thos. C. Morris,
J. Netherland,
A. O. P. Nicholson,
Geo. C. Porter,
Jas. D. Porter, Jr.,
Geo. E. Seay,
Samuel G. Shepard,
E. H. Shelton,
Wm. H. Stephens,
John M. Taylor,
J. C. Thompson,
W. Vance Thompson,
James J. Turner,
Geo. W. Walters,
Richard Warner,Jr.
W. H. Williamson,
W. M. Wright,
Thos. W. Jones,
Assistant Secretary*
W. S. Kyle,
2d Assistant Secretary,
T. E. S. RUSSWURM,
Secretary.
O R D I N A N e E.
1. Be it Ordained by the Convention, That it shall be the duty-"of
the several officers of the State, authorized by law to hold elections
for members of the General Assembly and other officers, to open and
hold an election at the place of holding said elections in their re-
spectivfe counties, on the fourth Saturday in March, 1870, for the
purpose of receiving the votes of such qualified voters as may de-
sire to vote for the ratification or rejection of the Constitution recom-
mended by this Convention. And the qualification of voters in
said election be the same as that required in the election of delegates
to this Convention.
2. It shall be the duty of said returning officers, in each county
in this State, to enroll the name of each voter on the poll-books pre-
pared for said election, and shall deposit each ballot in the ballot-
boxes respectively. Each voter who wishes to ratify the new Con-
stitution shall have written or printed on his ticket, the words j
"New Constitution," or words of like import; and each- voter who
wishes to vote against the ratification of the new Constitution, shall
have written or printed on his ticket, the words : " Old Constitu-
tion," or words of like import.
3. The el^fection shall be held, and the judges and clerks shall be
appointed, as in the case of theelection of the members of the Gen-
eral Assembly; and the returning officers,-in presence of the judges
or inspectors, shall count the votes given for the "New Constitu-
tion," and of those given for the " Old Constitution," of which
they shall keep a cerrect estimate in said poll books. They shall
xxxii
deposit the original poll books of said election with the Clerks of
the County Courts in the respective counties, and shall, within five
days after the election, make out accurate statements of the number
of votes in their respective counties, for or against the " New Con-
stitution," and immediately forward by mail, one copy of said cer-
tificates to the Governor, and one to the Speaker of the Senate. So
soon as the poll books are deposited with the County Court Clerks,
they shall certify to the President of the Convention, an accurate
statement of the number of votes cast for or against the " New Con-
stitution," as appears on said poll books. And, if any of said re-
turning officers shall fail to make the returns herein provided for,
within the time required, the Governor shall be authorized to send
special messengers for the result of the vote in those counties whose
officers have so failed to make returns.
4. Upon the receipt of said returns, it shall be the duty of the
Governor, Speaker of the Senate, and the President of this Conven-
tion, or any two of them, to compare the votes cast in said election;
and if it shall appear that a majority of all the votes cast for and
against the New Constitution were for "New Constitution," it shall
be the duty of the Governor, Speaker of the Senate, and President
of this Convention, or any two of them, to append to this Constitu-
tion a certificate of the result of the votes, from which time the Con-
stitution shall be established as the Constitution of Tennessee, and
the Governor shall make proclamation of the result.
5. The Governor of the State is requested to issue his proclama-
tion as the election on the fourth Saturday in March, 1870, hereto
provided for.
JOHN C. BROWN, President.
Attest:
T. E. S. Russwurm, Secretary.
ACTS
OF THE
STATE OF TENNESSEE,
PASSED BY THE SECOND SESSION OF THE
THIRTY-SIXTH GENERAL ASSEMBLY.
FOR THE YEARS 1869-70.
PUBLISHED 33 Y AUTHORITY.
NASHVILLE:
JONES, rURVIS & CO., PRINTERS TO THE STATE.
1870
PUBLIC ACTS
of
THE GENERAL ASSEMBLY
of the
STATE OF TENNESSEE.
passed by the second session of the thirty-
sixth general assembly, which was begun and
held at nashville, on monday, the ninth day
of may, in the year of our lord one thousand
eight hundred and seventy.
CHAPTER I.
An Act to change the line between the Counties of Washington and
Sullivan.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the line between the Coun-
ties of Washington and Sullivan be so changed as to in-
elude in Washington County the property and residences
of A. R. Moulton, T. H. Reeves, W. A. Keene, P. C.
Morrison, Sarah Vincent, George Vincent, John Hunt,
Vanzant Morgan, Eli Keene, Ballard, and J. TI.
Crouch, at and near Fall Branch, Tennessee, now within
the limits of Sullivan County ; and nothing in this act
shall release any of the parties so stricken off from the
payment of their pro rata of any debts contracted by
said County of Sullivan prior to the passage of this act:
Provided, The parties included in the change will, within provjso
two months after the passage of this act, have the survey plats and
made, and plats filed as required by existing laws, which Yey. san ur
shall only embrace the lands now owned by said persons,
4
upon which their homesteads are situated, lying within
the limits of said County of Sullivan.
Sec. 2. Be it further enacted, That this act take effect
forty days after its passage.
Passed May 26, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the- Senate.
Approved June 4, 1870.
D. W. C. SENTER,
Governor,.
CHAPTER II.
An Act to establish the County of Christiana,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a new county be, and the
same is hereby established out of fractions of the terri-
tory composing the Counties of Roane, Monroe and
Blount, around the town of Loudon.
Sec. 2. Be it further enacted, That said County of
Boundaries. Christiana shall be bounded as follows, to-wit: Begin-
ning at the upper end of the bluff of rocks on the west-
ern bank of Little Tennessee River, at the common cor-
ner of the lands of J. K. Johnson and J. B. Tipton, citi-
zens of Monroe County, and running thence with the
section line, the present bearing of the compass being
north 3 degrees east, 144 rods, to the Morganton and
Washington road ; thence with said road to the bridge
across Fork Creek, at or near J. R. Iiobison's mill;
thence south 87 degrees west, 48 rods, along the line be-
tween Robison and Kittrell; thence north 60 degrees
west, 18 rods, to the line between the lands of Kelsoe's
heirs and Kittrell's; thence north 75 degrees west, 22
rods; thence south 70 degrees west, 44 rods, to old store-
house; thence 414 rods to insersection of old road;
thence 312 rods to the Loudon road, 8 rods from the
Vaught House; thence 82 rods to Curtis' line and lane;
thence 92 rods to the southwest corner of Curtis' lands;
thence 354 rods to the section line, 13 rods east of the
northeast corner of section 10; thence south 87 degrees,
5
west, 332 rods, to the northeast corner of section 9 ; thence
south 87 degrees west, about 578 rods, to the bridge over
Sweet Water Creek, near and west of Philadelphia;
thence with the road leading from Philadelphia to
Washington, known as the Washington road, about 2,586
rods to the line of McMinn County at the junction of
said road with the road leading from Sweetwater to .Blue
Spring; thence with the line of McMinn county to the
northern or nothwestern line of J. D. Turner; thence
with the boundary line of the lands of said Turner and
John Talley, to a point in a right line between Blue
Springs and Marble Bluff on the Tennessee River; thence
north 39 degrees east, about 10 miles, to a rock on Marble
Bluff, near the mouth of Stockton's Creek, on the west
bank of Tennessee river; thence up the said river with
its meanders to the common corner of the lands of Mat-
lock and Rhea, on the north bank of the river ; thence
north 30 degrees east, 1280 rods, to a hickory tree in
Jack Littleton's Ridge Field; thence north 25 degrees,
east 320 rods, to a large post oak, ten rods south of the
old stage road on the ridge west of Thomas Carter's resi-
dence; thence north 1,040 rods to a large Spanish oak,
near the dwelling of Levi Mays, including said Mays in
the new county; thence north 20 degrees east, 456 rods,
to an elm tree on the south bank ot Clinch River, at a
point opposite to Lackey's farm; thence up the center of
Clinch River with its meanders about 2,136 rods, to the
line of Knox County, at or near the mouth of Hickory
Creek , thence with the line of Knox County to the
Holston River, at or near the Saltpeter Cave; thence
down said river with its meanders about 992 rods to a
point on the south bank of said river where the dividing
line between the lands of Sanders Leper and J. K.
Griffitts strikes the same; thence north 89 degrees east,
124 rods; thence south 71 degrees east, 194 rods; thence
south 49 degrees east, 250 rods; thence south 37 degrees
west, 430 rods ; thence south 17 degrees west, 248 rods;
thence south lOJ degrees east, 148 rods; thence south 5
degrees west, 114 rods; thence soutli 20J degrees west,
22 rods; thence south 144 rods; thence south 32 degrees
east, 450 rods; thence south 6% degrees west, 182 rods to
a red oak; thence south 15 decrees east, 88 rods; thence
south 35 degrees east, 88 rod^; thence south 35 degrees
east, 240 rods; thence southjo-4 degrees east, 128 rods, to
a pine north of H. Thompson's ; thence south 87| de-
grees east, 118 rods; thence south 52 degrees east, 168
rods to a pine north of Baker's Creek; thence south 16
6
degrees east, 173 rods; thence south 5 degrees west, 200
rods; thence south 59J degrees west, 160 rods ; thence
south 42J degrees west, 44 rods; thence south 38|- de-
grees west, 44J rods; thence south 5 degrees west, 134
rods; thence south 32 degrees west, 220 rods; thence
south 54 degrees west, 520 rods; thence south 58 de-
grees, west 158 rods ; thence south 75 degrees west, 55
rods, to Nine Mill Creek; thence north 26^ degrees
west, 184.rods, to Militia Springs; thence south, 78J de-
grees west, 506 rods, to Wildcat Rock, on the east bank
of Little Tennessee River; thence down said river with
its meanders to the place of beginning, a distance of
about 1,137 rods.
Sec. 3. Be it further enacted, That for the purpose of
Organization, perfecting the organization of said county of Christiana,
James Mathews, F. R. Hackney, J. D. Jones, J. R. Tip-
ton, W. Y. Huff, J. D. Turner, Major M. Rose, John W.
Robinson, and Major William Hope, are hereby ap-
pointed Commissioners, who shall, before entering upon
the discharge of their duties, take an oath to faithfully
and impartially discharge all the duties imposed upon
them by this act; and all vacancies that may occur
previous to the organization of the County Court of said
county, shall be filled by the remaining Commitsioners.
A majority of said Commissioners shall constitute a
Board to transact all things herein enjoined on them, and
it shall be the duty of said Board to keep a true record of
their proceedings as Commissioners, which shall be re-
turned to the County Court of said County of Christiana
. . at the first term, to be entered upon the records of said
cra'io^make Court, and said Commissioners shall make such other
reports. reports thereafter as said Court shall require.
Sec. 4. Be it further enacted, That it shall be the duty
Yotino- rdaces Commissioners to designate three voting places
iid'voting^ *n eac;h °f fractions taken from Blount and Monroe,
and six voting places in the fractions taken from Roane,
and shall give ten days' notice, by written or printed cir-
culars, posted in five or more public places in each frac-
tion taken -from the respective Counties of Roane, Mon-
roe and Blount, that an election will be held, in which
all persons entitled to vote for members of the General
Assembly, who have resided in the fraction proposed to
be stricken off for six months immediately preceding
said election, shall be entitled to vote, and each voter
who desires to vote for the establishment of the new
county, shall have on his ticket the words "new county,"
and those desiring to vote against the new county, shall
7
have on their tickets the words " old county/' and if,
upon the counting of all the votes cast at said election,
it shall appear that two-thirds of all the qualified voters
voting, have voted for the "new county," then the
County of Christiana shall be, and the same is hereby
declared to be a county, with all the powers, rights and
privileges, and subject to all the liabilities and duties
with other counties in this State.
Sec. 5. Be it further enacted, That said Commission-
ers shall appoint judges and clerks to hold said election, Judges and
and also some suitable person as an officer in each place clerks of clcc-
designated in such fraction, who shall have all the powers tl0ns"
and perform all the duties imposed by law upon other
officers and inspectors holding elections under the laws
of this State, and who shall, after the polls are closed,
and the votes counted, make out and certify the result, and
return the same with a copy of the poll books to the
Chairman of said Board of Commissioners, who shall,
when the returns are all received, in the presence of said
Board, proceed to compare the vote and certify the result;
and the election herein provided for shall be held on the
same clay in each of said fractions, and if for any cause
the election as herein provided, shall not be held in either
of said fractions, on the day appointed, said Board shall
provide for another election as herein provided in such
fraction.
Sec. 6. Be it further enacted, That said Commission- Duties of
ers shall have power and it shall be their duty to divide Commission-
said county into such number of Civil Districts as the eis'
convenience of the inhabitants may require, (but in no . .
event shall there be less than ten Civil Districts in said U1 18 nc 3
county,) designating the boundaiies of and giving the
places of holding election in said Districts, and they shall
perform such other duties as may be necessary to carry
out the provisions of this Act.
Sec. 7. Be it further enacted, That said Commissioners
shall appoint such suitable persons as they think proper
to open and hold the election for said county of Chris- Elections,
tiana, and those so appointed shall have power to appoint
deputies, clerks and judges, and by himself and deputies
to administer all the necessary oaths, and do and perform
all other duties now imposed upon officers holding simi-
lar elections, and such officers so appointed, and his depu-
ties shall open and hold an election within thirty days
after the result of the first election is known, for the pur
pose of electing a full quota of county officers, which
election shall be held in each Civil District in said County
8
of Christiana, and. the officers so elected shall hold their
Time of hold-offices until the next regular election of county officers
mg office. takes place throughout the State.
Sec. 8. Be it further enacted, That said Board of Com-
Meetings^of miSsioners at its first meeting shall designate a place
omsionis ppe limits of said County of Christiana where
said Board shall meet; they shall meet upon their own
adjournment, and may be convened at any time by their
chairman.
Sec. 9. Be it further enacted, That the different Courts
for the said County of Christiana, shall be held in the
town of Loudon, and all process issuing from any of said
Courts returnable to that place shall be legal, and such
The Courts. Courts shall be subject to the same rules and regulations,
and exercise the same powers as Courts of similar juris-
diction in other counties ; said county shall be attached
to the third Judicial Circuit, and the Circuit Courts there-
of shall be held by the Judge of said Circuit on the 2d
Mondays of April, August and December, in each' and
every year, and shall be attached to the eighth Chancery
District, and the Chancery Court shall be holden on the
fourth Mondays of June and December in each and every
year. The County Court of said county of Christiana
shall have the powers conferred by law upon County
Courts, and meet at the time prescribed by law.
Sec. 10. Be it further enacted, That when both parties
to a suit at law, or equity, reside in the same fractional
part of an old county, they shall have the right, upon
application to the Court wherein the suit is pending, to
Removal of have the same removed, with a transcript of the records,
suits> to the new county hereby created.
Officers to re- ®EC* e it further enacted, That all officers of
tain office. said county shall continue to hold their offices and per-
form the duties thereof until others are elected and quali-
fied according to this Act.
Sec. 12. Be it further enacted, That it shall be the du-
TaxCol'torto ty of the Tax Collectors of Roane, Monroe and Blount
pay to [Trus- Counties to pay over to the Trustee of Christiana County,
tee- when elected and qualified, that portion of the county
tax of said counties as has been collected by such Tax
Collector within the boundaries of Christiana County
for 1870, and said Trustees' receipt shall be a voucher to
said Tax Collector on settlement with the Trustees of
said Counties of Roane, Monroe and Blount.
Sec. 13. Be it further enacted, Thac the Commission-
Compensat'n ers herein provided for shall receive such compensation as
9
may be allowed them by the County Court after the or-
ganization of the county.
Sec. 14. Be it further enacted, That the fractions
taken from the Counties of Roane, Monroe and Blount
to form the County of Christiana shall continue liable
for their pro rata of all debts contracted by their respective Pro rata of
counties prior to the separation, and be entitled to their c^bts.
proportion of any stock or credits belonging to such old
counties, and that this Act take effect from and after its
passage, the public welfare requiring it.
Passed May 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 2, 1870.
D. W. C. SENTER,
Governor.
CHAPTER III.
An Act for the formation of Etheridge County.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a new county be, and the
same is hereby, created and established out of adjacent Name,
fractions of Gibson, Carroll, Madison, Weakley and
Henderson Counties, to be known and designated by the
name of "Etheridge County."
Sec. 2. Be it further enacted, That the said county boundaries
of Etheridge shall be bounded as follows, viz: Beginning
on a persimmon tree, eleven miles east of the town of
Trenton, in Gibson County, running thence southwest
around a circle of eleven miles from Trenton, twelve and
three-eights miles on said circle, to a walnut in Cresup's
yard; thence due south two and one-half miles to the
Gibson County line, and continuing into Madison County
one and one-half miles more, to the north fork of Forky
Deer River above Afley's mill; thence southeast with the
meanders of said river till just below Crosse's bridge;
thence due east till it strikes the river just above Haley's
mill; thence with the meanders of said river again
till near Ledbetter's old bridge place, where it crosses the
10
river only one and one-quarter miles deep in Madison
County and ten miles from the river near Atley's mill;
thence continuing still east one and one-quarter miles
deep in said Madison County, for five and one-half miles,
where it crosses into Henderson County; thence east
three and one-quarter miles in the same to the corner;
thence due north, passing out of Henderson at three and
one-half miles into Carroll County, continuing in said
county three and three-fourth miles, in all seven and one-
quarter miles to circle, eleven miles from Huntingdon
and corners back of Mr. Blow's farm; thence northwest
with said circle eight and three-fourth miles, where it
passes due west from Huntingdon, and eleven miles from
the same; thence northeast with said circle five and three-
eighths miles, to the corner near Guinn's Switch; thence
north, crossing the railroad and the south fork of Obion
River at one and one-quarter miles; thence continuing
two and three-fourth miles to the Carroll and Weakley
County line, making four miles north on this line; thence
due west with said Weakley line four and a half miles
to the corner of Carroll where Weakley runs south on
Carroll to the river, it running parallel with said west
line, continues still west to old Gibson County corner, of
two miles, passing said corner and runs with said old
county line three miles further into Weakley, making in
all across the river nine and a half miles; thence due
south one and a half miles and thirty poles to the river,
at Shade's bridge; thence northwest with the meanders
of the river three and a half miles, where it corners;
thence due south three miles, and corners on a poplar,
south of John Blanchet's and on the circle of eleven
miles from Trenton, where it runs southeast around said
circle eight and a half miles to the beginning ; contain-
ing three hundred and ten square miles.
Sec. 3. Be it further enacted, That for the purpose of
organizing said County of Etheridge, the following
named persons are appointed Commissioners, to-wit:
William Stone, W. C. Holt, Samuel Pearce and William
CommissVrs MeFarlanrl, Esqs., of Gibson County; John Birdsong,
of Madison County ; James Lanier, of Henderson Coun-
ty; J. H. Hillman, J. C. McCollum, John Warlick and
Samuel Browning, of Carroll County, and Drew-
ry, of Weakley County, on the part of the several frac-
tions in which they reside, who shall, before entering
upon the duties herein specified, take an oath before some
Justice of the Peace, faithfully and impartially to dis-
charge their duties as such Commissioners; and in case of
11
vacancy from any cause, or refusal to act on the part of
any Commissioner, his place shall be filled by the other Vacancies.
Commissioners, who shall elect his successor from the
fraction of the county in which the vacancy occurred. A
majority of said Commissioners shall constitute a Board
competent to do all things enjoined upon them as such
Commissioners, and they shall keep a record of all their
proceedings as Commissioners, which shall be returned Record to
by them to the County Court of said County of Ether- 1,6 kept'
idge, at its first session, and the same shall be recorded
by the Clerk thereof on the records of said Court.
Sec. 4. Be it further enacted, That for the purpose of
ascertaining the will of the people of the said fractions
of the said old counties, in which they reside, as to the
creation of said new county of Etheridge, said Commis-
sioners shall cause, at as early a day as practicable, an
election to be opened and held in said fractions, at which
election those voting for the new county shall have writ- Election,
ten or printed on their tickets, " New County," and those
voting against it, "No New County;" and said Com-
missioners shall have power to appoint suitable persons
to open and hold said election, and such persons so ap-
pointed shall have power to appoint Deputies, Clerks and
Judges, and, by themselves or Deputies, to administer all
the necessary oaths, and do and perform all other duties
necessary to the proper holding of said election. Said
eleclion shall be held at such times and places as may be
designated by said Commissioners, and upon such notice
of time and place as said Commissioners shall direct:
Provided, however, That said Commissioners shall cause provjso_
the polls to be opened at not less than three places in the
Gibson fraction; not less than three in the Carroll frac-
tion; and one each, at least, in the Henderson, Madison
and Weakley fractions.
Sec. 5. Be it further enacted, That the qualified, voters Tq ^
fractions aforesaid composing said new county of Ether- old countiesj
idge in the election provided for in section four of this
act, shall vote at the election held in and for the fraction
of the old county in which he resides: Provided, That Proviso,
if there is more than one place of voting in said fraction,
then it shall be lawful for said voter to cast his vote at
any one of said places.
Sec. 6. Be it further enacted, That the persons ap- Electioll re_
pointed and holding said election, shall make return ofturus_
said election to said Commissioners at such time and
place as they shall designate, in the order directing said
election to be held, and who shall receive and count the
12
vote of each fraction separately, and if the requisite Con-
stitutional majority is found in favor of the new county,
then said Commissioners shall proceed to complete the
organization of said county as hereinafter directed.
Sec. 7. Be it further enacted, That if the requisite
Constitutional majority of the people in any of the frac-
tions aforesaid, should not be obtained in favor of said
new county, the Commissioners aforesaid are hereby au-
Permission thorized to organize said new County of Etheridge, leav-
to organize, ing out the fraction of any one of said old counties in
which said Constitutional majority is not obtained in
favor of said new county: Provided, In so doing said
new county is not reduced below the Constitutional lim-
its for new counties, and said Commissioners are also au-
thorized and empowered to make any change in the lines
of said new county, made necessary by redson of the
Proviso leaving out of said fraction as aforesaid : Provided, The
lines are not so changed as to extend beyond the boun-
daries defined in Section two of this act.
Sec. 8. Be it further enacted, That whenever it shall
be ascertained by the election aforesaid that the vote of
the people in said fractions of the old counties are in
favor of the said new County of Etheridge, or the vote
of so many of said fractions as will constitute the re-
quisite amount of territory for said new county, that the
Commissioners aforesaid shall appoint not less than three
Civil Dis- nor more than five suitable persons, whose duty it shall
tricts. be to divide said county into Civil Districts of convenient
size, and fix the place of voting in each District: Pro-
Proviso. vided, The number of said Districts shall not exceed four
for every one hundred square miles of said new county.
Sec. 9. Be it further enacted, That as soon as said new
county is laid off into Civil Districts, the said Commis-
sioners shall appoint suitable persons to open and hold
Election of an election in said new county for the purpose of elect-
officers. ing officers to the various County and District offices
provided for law for each county in this State; and such
persons so appointed shall have full power and authority
to appoint Deputies, Clerks and Judges, and by them-
selves and Deputies to administer all necessary oaths, and
to do and perform all the duties incumbent on them as
officers of an election. Said election to be held at the
Time of lime to be fixed by said Commissioners upon the usual
holding elec- notice, and at the places designated in each Civil Dis-
tions. trict, as provided for in Section 8,, and make due return
thereof, as the law directs.
Sec. 10. Be it further enacted, That said Commission-
13
ers, so soon as it is ascertained that the people in said
fractions of the said old counties have voted in favor of
the new county, shall designate a temporary county site County site,
for said new county, and procure a suitable building in
which to hold the Courts in said county until an election
by the people can be had for the purpose of locating per- Name of
manently the county site of said county, which, when so County seat,
located, shall be called the town of Emerson.
Sec. 11. Be it further enacted, That whenever said
County of Etheridge is fully organized, said Commis-
sioners shall appoint a time for holding an election in the
various Civil Districts of said county for the purpose of
selecting by a vote of the people, a permanent county
site of said county, at which election each voter shall
have written or printed on his ballot the name of the COu^t1?1s£ft(fnt
place at which he desires the county site ; and the place
receiving the largest number of votes cast shall be the
county site of said new county, and said Commissioners
shall report the result to the County Court of said coun-
ty, who shall proceed to locate said site, and to procure
the erection of the necessary county buildings, etc. Said Buildings,
election to be held in the manner provided for in Section
9 of this act, and the returns of the election to be made
to said Commissioners, who shall compare the vote and
report, as above provided, to the County Court, the re-
suit of said election.
Sec. 12. Be it further enacted, That the Commission-
ers aforesaid are hereby authorized to exercise such other
and further powers as may be necessary to the complete other pow-
organization of said County of Etheridge, and may make Commis'rs^0
any change in the lines of said new county if found nec-
essary, so as to conform them to the requirements of the
new Constitution of the State of Tennessee.
Sec. 13. Be it further enacted, That this act shall take
effect from its passage, the public welfare requiring it.
Passed May 31, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 6, 1870.
D. W. C. SENTER,
Governor.
14
CHAPTER IV.
AN ACT to preserve life and protect propei ty.
Section 1. Be it enacted by the General Assembly of
Selling pois- the State of Tennessee, That any person who sells or de-
<&ns" livers any poisonous liquid or substance, in addition to
having the word " poison " printed or written on the la-
bel thereof as now required by law, shall note in a book
kept by such person for that purpose, the name of the
Names to be person to whom such poison was delivered, the date of
kept in book, delivery and the kind and amount of such poison so de-
livered, and shall keep such book open for public inspec-
tion.
Sec. 2 Be it further enacted, That any person viola-
ting the provisions of this act shall on conviction be fined
Penalty. not less than twenty nor more than one hundred dollars;
Provided, that the provisions of this act shall not apply
to the prescriptions of regular practicing physicians.
Passed June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 9, 1870.
D. W. C. SENTER,
Govern
CHAPTER V.
AN ACT to authorize Magistrates to change the venue in certain
cases.
Section 1. Be it enacted by the General Assembly of
Change of the State of Tennesseee, That in all civil or criminal cases
me. hereafter brought before Justices of the Peace in this
State, the venue may be changed at any time before trial
upon good cause shown as hereinafter prescribed.
Sec. 2. Be it further enacted, That the venue may be
changed by the plaintiff or defendant, or both, but not
15
more than once by each except for causes not in exist- By whom
ence when the first change was taken. changed.
Sec. 3. Be it further enacted, That the party applying
for a change of venue, shall make a statement of facts in ^jocle 0f ap_
writing, under oath or affirmation, that he verily believes plication,
that owing to prejudice, or other causes existing, he can
not have a fair and impartial trial before the Justice of
the Peace where the cause is pending; the truth of this
statement shall be verified by the oath of one or more
respectable witnesses.
Sec. 4. Be it further enacted, That the change of venue Nearest Jus
shall be made to the nearest Justice of the Peace of the tice-
same county free from like exceptions.
Passed June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 9,1870.
D. W. C. SENTER,
Governor.
CHAPTER YI.
AN ACT to establish the County of Hamblen, in honor of the late
Hezekiali Hamblen, Esq., of Hawkins County.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That in confoimity to the fourth sec-
tion of the tenth Article of the Constitution of the State of
Tennessee, a new county be, and the same is hereby estab- New county,
lished, to be composed of fractions to be taken from the
counties of Jefferson and Grainger, to be known and desig-
nated as Hamblen County.
Sec. 2. Be it further enacted, That the boundaries of .
the county of Hamblin shall be as follows, viz.: Begin- ouncaues-
ning at four cedars on the northern bank of Nolachucky
River, at the point where the boundary line between
Jefferson and Greene counties to Rader's Spring, at or near
Bulks Gap; thence with the line between Hawkins and
Jefferson counties to Mount Sterling, at or near the house
of Wm. Pangle; thence with the line between Hawkins
and Jefferson counties to Cheek's cross roads; thence
with the line between Hawkins and Grainger counties to
16
the center of Holston River ; thence down the Holston
River with the meanders thereof to the mouth of Hull's
branch; thence trom the mouth of Hull's branch south
25 degrees east one mile and 120 poles to a stake ; thence
east 5 miles and 16 poles to a stake; thence south 77 de-
grees east 1 mile to a stake; thence south 71 degrees east
1 mile to a btake; thence south 65 degrees east 1 mile
to a stake; thence 59 degrees east 1 mile to a stake;
thence south 53 degrees east 1 mile to a stake; thence
scuth 47 degrees east 1 mile to a stake; thence south 41
degrees east 1 mile to a stake ; thence south 35 degrees
east 1 mile to a stake; thence south 29 degrees east 1
mile to a stake; thence south 23 degrees east one half of
1 mile to a stake on the northern ■ bank of French Broad
River; thence south 60 degrees east, up the French
Broad River to the mouth of Nolachucky River; thence
up the Nolachucky River with the meanders thereof, and
with the line between Jefferson and Cocke Counties to
the beginning.
Sec. 3. Be it further enacted, That for the purpose of
organizing the county of Hamblin nnder this act, that
Commission- William Courtney, W. S. Reese, Wilson C. Witt and
ers appointed James C. Davis, of Jefferson County, and John C. Tate, C.
J. Burnett and Rufus E. Rice, of Grainger County, shall
be, and they aie hereby appointed Commissioners, who
shall immediately after this act goes into effect, take an
Obligation, oath before some Justice of the Peace, faithfully and im-
partially to discharge the duties imposed upon them by
this Act, and all vacancies ocurring in said Board of Com-
missioners from any cause, shall be filled by the other
Commissioners. A majority of said Commissioners shall
constitute a Board competent to do all things herein en-
joined on them. They shall, immediately after this act
Place of £apes effec^ meet at Morristown and organize said Board
mee by the election of a Chairman and Clerk for said Board
of Commissioners, whose duty it shall be to keep a true
minute of the proceedings of said Board in a book to be
kept for that purpose, and the minutes of each meeting
shall be read and approved by the Board and signed by
the Chairman from time to time; and the minutes of the
proceedings of said Board shall be returned to the County
Court of Hamblen County at its first session, and shall
be recorded by the Clerk of said Court on the minutes of
said Court, and the record of the proceedings of said
Board so kept and entered on the minutes of the County
Court of Hamblen County, shall be evidence in all the
courts of this State when duly certified, in the same man-
17
ner as the records of the proceedings of other courts in
this State.
Sec. 4. Be it further enacted, That said Board of Com- pia-e of
missioners, at its first meeting, shall designate a place meeting,
within the limits of said Hamblen County, where said
Board shall meet from time to time. They shall meet
upon their own adjournment, and may be convened at
any time by their Chairman.
Sec. 5. Be it further enacted, That it shall be the duty
of said Commissioners to designate five public places in
the fraction taken from Jefferson County, and three pub-
lie places in the fraction taken from Grainger County,
and shall give public notice by printed or written adver-
tisements, for at least thirty days, posted up at five or Election no-
more public places in each of said fractions; that on a tice-
day to be designated by them, and at the places clesig-
nated, an election will be opened and held at which all
persons entitled to vote for members of the General As-
sembly, who have resided in the fraction proposed to be
stricken off for six months immediately preceding said
election, shall be entitled to vote, and each voter who de-
sires to vote for the establishment of the new county
shall have on his ticket the words "New County," and
those desiring to vote against the new county shall have
on their tickets the words " Old County," and if upon Manner of
counting all the ballots cast in said election, it shall ap-votm°*
pear that two-thirds of all the qualified voters in each of
said fractions have voted for the new county, then the
county of Hamblen shall be, and the same is hereby de-
clared to be, a county, with all the powers, rights and
privileges, and subject to all the liabilities and duties
with other counties in this State.
Sec. 6. Be it further enacted, That said Commission- judges and
ers shall appoint Judges and Clerks to hold said election, Clerks to hold
and also some suitable person as an officer at each place elections,
designated in each of said fractions, who shall have all
the powers and perform all the duties imposed by law
upon other officers and inspectors holding elections under other of-
the laws of this State; and who shall, after the polls are fleers and in-
closed and the vote counted, make out and certify the spectors.
result and return the same, with a copy of the poll-
books, to the Chairman of said Board, who shall, when
the returns are all received, proceed, in the presence of Tlieir (jutje3>
said Board, to compare the votes and certify the result;
and the election herein provided shall be held on the
same day in each of said fractions; and if, from any
cause the election as herein provided, shall not be held
in either of said fractions on the day appointed, said
2
18
Board shall provide for another election, as herein pro-
vided in such fraction; and if said Commissioners shall
believe upon investigation, which they are hereby fully
authorized to institute into the manner of holding said
Fraudulent election, that any improper or fraudulent practices have
practices. beeij permitted, they shall have the power to declare the
election so held in either fraction to be void, and shall
proceed to hold another election in said fraction, first
giving thirty days' notice, as herein provided.
Sec. 7. Be it further enacted, That immediately after
the election for or against the new county, if two-thirds
of the qualified voters in each of said fractions vote for
the new county, then said Commissioners shall proceed
to lay off said County of Hamblen into districts of con-
Number of venient size, not to exceed twelve in all, and cause a plat
Districts. to be made describing the boundaries of said districts,
and shall have the same spread upon the minutes of said
Board; and shall also designate a voting place in each
of said districts; upon doing whidh said Commissioners
shall proceed to give public notice for at least thirty days,
at five public places in each of said fractions, that on a
day to be designated by them, in each civil district, an
election will be opened and held at which all persons
who are entitled to vote for members of the General As-
sembly, and who have resided six months in said county,
shall be entitled to vote, and who shall vote for a county
site for said county, and who shall also vote for and
elect one Sheriff for said county, a Clerk for the County
Election for Court, and also a Clerk for the Circuit Court, and all
Co. officers, other officers lor said county required by existing laws,
except such Justices of the Peace and Constables as may
be in office in either of said fractions, who shall hold
their offices, and exercise all the powers, with all the
privileges and emoluments vested in them by existing
Term of of ws unt^ t^ie expiration of their term of office, and un-
£Ce til their successors are elected and qualified ; and all such
officers so elected shall continue to hold their offices, and
exercise the functions thereof, until the next regular elec-
tion of such officers as is now provided by law; and the re-
turns of said election shall be made to the Chairman of
said Board of Commissioners, who shall proceed to com-
pare the votes in the presence of said Board as provided
in Section six of this act, and shall certify the result
thereof; and said election shall be held in the same man-
ner, and Judges and Clerks, and officers, shall be ap-
pointed with the same powers, and whose duties shall be
the same as provided in Section six of this act.
19
Sec. 8. Be it further enacted, That the place receiving County site,
a majority of the votes cast in said election, shall be the
county site of said county, and on the first Monday in
the month succeeding said election, all the Justices of the
Peace in said county now in office, or who may be in of-
fice at that time, shall meet at the place selected by said
vote as the county site for said county,, and proceed to
organize the County Court of said county, by the elec- organization
tion of a Chairman and other officers that the County of Co. Court.
Courts of other counties have a right to elect, and shall
proceed to qualify and induct into office all such officers installation
for said county as may have been elected, as herein pro- of officers,
vided, and who shall produce and file a certificate of
their election from the Chairman of said Board of Com-
missioners, and such officers shall execute the same bonds
and have the same powers and privileges, and be subject
to the same duties and liabilities as the officers of other
counties in this State.
Sec. 9. Be it further enacted, That the County Court
of said county of Hamblen, when organized as herein build-
provided, and the county site shall be located as herein mgs'
provided, shall proceed to acquire by purchase or other-
wise such grounds as may be necessary for the use of
said county, and to make all such orders and regulations
for the erection of all necessary public buildings for said
county; to levy and collect taxes to defray the expense
of erecting public buildings and other county expenses
in said county in the same manner and to the same ex-
tent that the County Courts of other counties have by
existing laws; Provided, That no additional taxes shall Pr0vl£0-
be levied or collected from the people in said county for
the year 1870, other than has already been assessed.
Sec. 10. Be it further enacted, That said Board of Commission-
Commissioners, upon the organization of the County c 1S~
Court of said county as herein provided, shall be dis-
solved and their powers and duties cease, and that upon
filing a copy of the original minutes of their proceed-
ings, the same shall be entered on the minutes of said
County Court, and shall constitute a part of the records
thereof, and said Board shall render an account of the ex-
penses incurred by them in the organization of said
county, which shall be allowed by the County Court, and
paid out of the County Treasury, together with such al-
lowance for their services as the County Court may deem
reasonable.
Sec. 11. Be it further enacted, That the Governor shall
20
issue commissions to all persons elected Justices of the
Gov. to issue Peace in said county at the election provided for to serve
Commissions until the next regular election of Justices of the Peace
under the Constitution of this State, and the certificate of
the Chairman of the County Court of said county of the
election of such persons, shall be evidence to the Gover-
nor of that fact.
Sec. 12. Be it further enacted, That the county of
Judicial Cir- Hamblen shall be attached to the Second Judicial Circuit,
cuit- and the Circuit Court for said county shall be held by the
Judge of said Circuit on the firlt Mondays in June, Oc-
tober and February, in each and every year; and said
To constitute county shall constitute one Chancery District, and the
Chancellor for the Eastern Division shall hold the Chance-
ry Court for said county on the second Mondays of
January and July of each year; Provided nothing in"
this Act shall be construed so as to prevent the Courts of
Grainger and Jefferson Counties from having and exer-
cising jurisdiction over the territory composing the County
of Hamblen and the citizens thereof, in as full and ample
a manner as they now have, until the organization of
said county, and the election of county Officers as pro-
Tax Collector vided in this Act. And the Tax Collectors of Jefferson
and Grainger counties shall have two years from the pas-
sage of this Act to collect all. taxes assessed in either of
said fractions prior to the year 1870, with all the powers
and with the same remedies to enforce the collection of
the same that they have by existing laws.
Sec. 13. Be it further enacted, That the Commission-
ers appointed by this Act be, and they are hereby, author-
Coiumissoin- ized to exercise all the powers conferred in this Act, and
eis such other powers as may be necessary and proper to
the complete organization of the county of Hamblen.
Sec. 14. Be it further enacted, That all causes now
pending, or which may be pending at the time of the
organization of said county, in any of the Courts of either
Jefferson or Grainger Counties, between citizens pend-
ing within the limits of the new county, shall be trans-
Pendir" suits ^'erre<^ county having jurisdiction thereof in said
their3Iran- county of Hamblen; and all suits pending, or which may
fer. be pending against any defendant residing within the
limits of the new county, shall, if- the plaintiff consent
thereto, also be transferred to said county; and all pro-
secutions pending, or which may be pending in the
Courts of either of the counties of Grainger or Jefferson,
for violations of the criminal law, where the crime is
Courts.
Proviso.
21
charged to have been committed within the limits of the
new county, as hereby established, shall also be transfer-
red to the Court of Hamblen County having jurisdiction
thereof.
Sec. 15. Be it further enacted, That the citizens of
Hamblen County in all elections for Governor, R«pre-
sentatives in Congress, members of the General Assembly
and Electors of President and Vice President, shall vote Vot'g places,
with the counties from which they have been respective-
ly stricken off, until the next apportionment agreeably to
the provisions of the fourth Section of the second Article
of the Constitution.
Sec. 16. Be it further enacted, That the people of each
of the fractions taken from Jefferson and Grainger
Counties shall remain liable and be bound to pay their
respective shares of the debts owing by either of the coe^tie°s
counties from which their are stricken off, and shall also vided for.
be entitled to their respective shares of all public securi-
ties or stocks that may be the property of either of said
counties, and all taxes assessed for the year 1870 on the
property, polls and privileges in each of said fraclions
remaining uncollected upon the organization of said
county of Hamblen, and the election and qualifica-
tion of a Tax Collector for said county, shall be collect-
ed and accounted for by the Tax . Collector of said
county of Hamblen in the same manner as the public t Division of
taxes of other counties, and the taxes assessed formcome-
county purposes in each of said fractions which may
be collected at the time of the organization of said
county shall be apportioned between, the new and
the old counties, the fractions of each being required
to pay their proper proportion of all public expenses for . ..
the year, up to the time of organization as aforesaid, and ment 0f pu^.
the County Courts of the old counties respectively, and lie debt, etc.
and also the County Court of the new county shall
each appoint three suitable persons on the part of each,
to apportion the public debt that each county may owe,
and also to apportion the public securities or stocks, that
may be owned by either of the old counties, and also to
apportion the revenue assessed for county purposes, which
may have been collected by the old counties for the year
1870, ard in making such apportionment, the aggregate
value of all taxable property and polls in each shall be
taken as the basis of said apportionment, and each of the
fractions included in the new county, and shall remain
liable and pay their proportion of the debts of the old
22
county from which they may be stricken off, and the
County Courts of each of said counties are fully author-
ized to make such orders and regulations as may be nec-
essary to carry out the provisions of this section, so
as to effect a fair and equitable apportionment of the debts
owing, stock owned and revenue collected by each.
Sec. 17. Be it further enacted, That the fraction of
County line?. Hawkins County south of Holston River, adjoining the
present line of Grainger County on the west and the line
of Jefferson County on the south-east, by a line to com-
mence at or near Mount Sterling, on the Jefferson County
line, eleven miles distant from Rogersville, running
thence a direct line to the Holston River, so as to keep
eleven miles from Rogersville ; thence down the Holston
River with its meanders, to the point where the present
line between Hawkins and Grainger counties strikes said
river, may be included and constitute part of the county
of Hamblen established by this act; and the Commis-
sioners hereby appointed shall designate two public places
in said fraction, and cause an election to be held therein
on the same day and in the same manner, and under the
same regulations, provided in this act for the fractions of
Jefferson and Grainger counties, at which all persons as
herein provided, shall be entitled to vote for or against
the new county as herein proposed; and if two-thirds of
Voting. all the qualified voters in said fraction of Hawkins
County, shall vote for the new county, then said fraction
of Hawkins County, as above described, shall constitute
part of said county of Hamblen, with all the rights, pow-
ers, privileges and liabilities conferred by this act upon
.the fractions of Grainger and Jefferson counties; and
said Commissioners shall lay off said fraction into civil
districts, not to exceed two in number, and cause an elec-
tion to be held therein for a county site, and for county
.County site. 0fficers on the same day, as is provided by this act for the
fractions of Grainger and Jefferson counties, and if two-
thirds of all the qualified voters in said fraction vote for
the county, then all the provisions of this act applicable
to the fractions of Jefferson and Grainger counties, shall
also apply to said fraction of Hawkins County; but if
two-thirds of all the qualified voters in said fraction of
Hawkins County shall fail to vote for the establishment
of the new county, their refusal to do so shall in no man-
ner affect the cstablisment of the county of Hamblen, as
provided in this act, out of the fractions of the counties
of Jefferson and Grainger.
23
Sec. 18. Be it further enacted, That the public wel-
fare requires that this act shall take effect from and after
its passage.
Passed May 31, 1870.
W. O'N. PERKINS,
Speaker of the House of Repeesentatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER VII.
An Act to amend the Venue Laws of the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That it shall be lawful for any de-
fendant or defendants, in all cases of misdemeanors where cases of mis-
they are or may be charged upon presentment or indict- demeanor,
ment found against them in any of the Courts of this
State, to apply for and obtain a change of venue under Change of ve-
the same rules and regulations that parties now have a nue*
right to a change of venue in criminal cases by existing
laws of this State.
Sec. 2. Be it further enacted, That the public welfare
requires that this Act take effect from and and after its
passage.
Passed May 31, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
24
CHAPTER VIII.
An Act authorizing the Sheriffs of each County in this State to a-p-
point any number of Deputies, and to repeal Section 359 of the
Code of Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Sheriff of each and
every county in this State shall have as many regular
Deputies. deputies as he may desire, or may, in his option, be neces-
sary to a faithful and efficient performance of his duties
as such Sheriff, and may appoint any number of special
Urgent occa- deputies on urgent occasions, to hold elections, or when
S10ns' required for particular purposes.
Sec. 2. Be it further enacted, That Section 359 of the
Code of Tennessee be and the same is hereby repealed,
*0 de° anc^ that the public welfare demands that this Act shall
0 ° take effect from and after its passage.
Passed June 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
CHAPTER IX.
An Act to Amend an Act passed March 3, 1860, entitled "An Act to
Transfer Cases from one Court to another in certain Cases."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section one of said Act be
so amended that in cases where the Judge of any Court
of common law or chancery is incompetent from any
cause, to try the cause, upon application of either of the
parties to said suit, the same shall be transferred to the
25
nearest Court having jurisdiction of such cases where
like incompetency does not exist.
Sec. 2. Be it further enaeted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed June 11,1870.
W. O'N. PERKINS,
Speaker op the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENIOR,
Governor.
CHAPTER X.
AN ACT to regulate the Elective Franchise in accordance with Ar~
tide IY, Section 1, of the Constitution of the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That every male person of the age
of twenty-one years, being a citizen of the United States Persons en-
and a resident of this State for twelve months and of the tltled t0 ^ote-
county wherein he may offer his vote for six months next
preceding the day of election, shall be entitled to vote
for members of the General Assembly and other civil
officers for the county or district in which he may reside;
Provided, that each voter shall give the Judges of elec- Proviso,
tion, when and where he offers his vote, satisfactory evi- polltaxes
dence that he has paid the poll taxes assessed against him
for the year preceding the election. And, provided fur- Proviso.
ther, that the foregoing provisions in regard to the pre-
payment of poll taxes shall not apply to minors arriving
at the age of twenty-one years during the year preceding
the date of the election ; nor to male citizens who have
passed the age of fifty years preceding the date of such pxempts
election ; nor to other persons exempt by law from pay-
ing poll taxes, and no prepayment of poll taxes shall be
required of any voter in any election during the year
1871, who is exempt by law from the payment of poll
taxes for the year 1870.
Sec. 2. Beit enacted, That "An Act to limit the Elec-
tive Franchise," Chapter XVI, passed June 5, 1865; also
26
Former acts " An Act to alter and amend ' An Act to limit the Elec-
repealed. tive Franchise/" passed June 5, 1865, Chapter 36,
passed May 3, 1866; and also, "An Act to alter and
amend an Act, passed May 3, 1866," Chapter XXVT,
passed February 25, 1867; all of which acts relate-to the
Elective Franchise, be-and the same are hereby repealed.
Sec. 2. Be it enacted, That Title 6, Chapter II, Ar-
Acts revived, tides 3, 4, 5, 6, 7 and 8, of the Code 'of Tennessee, re-
lating to elections by the people, be, and the same are
hereby re-enacted and revived, except as altered or re-
pealed by this act.
Sec. 4. Be it enacted, That all voter-s in this State shall
wards and ^ re9u^re(^ v0^e *n civil district or ward in which
districts. ^ey ma7 reside > Provided, That Sheriffs or other officers
holding elections, shall be permitted to vote in any ward
or district in which they may hold an election; Judges,
jurors, litigants and witnesses attending court, may vote
in any ward or district in which the court is held. And,
provided further, That if, from any cause, there should
be a failure to hold an election in any civil district or
ward, then nothing in this act shall be so construed as to
prevent any voter fronji voting in any other civil district
or ward in his county or town, in any election, and at
the time and place prescribed bylaw. And that any
person violating the provisions of this act shall be guilty
of a misdemeanor, and upon conviction thereof shall be
fined not less than ten nor more than twenty-five dollars.
Sec. 5. Be it enacted, That all laws in conflict with
this act are hereby repealed.
Sec. 6. Be it enacted, That the public welfare requires
that this act shall take effect from and after its passage;
except the two provisos, contained in the first section of
this act, which shall not have and take effect until from
and after the first day of January, eighteen hundred and
seventy-two.
Passed June 11, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
27
CHAPTER XI.
An Act for the Benefit of Confectioners.
Section 1. Be it enacted by the General Assembly of p . .
the State of Tennessee, That an Act passed on the i.8th ers °t^xed°as"
day of January, 1870, entitled "^n Act to amend the merchants.
Revenue laws of the State," shall be construed so as to
include Confectioners as Merchants, and they shall be
subject to no other or further tax than such as is now im-
posed by said Act on Merchants.
Sec. 2. Be it further enacted, That all laws and parts
of laws in conflict with this Act, be, and the same are
hereby repealed, and that the public welfare require that
this Act shall take effect from and after its passage.
Passed June 9, 1870.
W. O'X. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XII.
An Act to change the County Line between the Counties of Haywood
and Lauderdale.
Section 1. Be it enacted by the General Aesembly of
the State of Tennessee, That the county line between
the Counties of Haywood and Lauderdale, be changed so and a£^uder-
as to run as follows: Beginning at a point on the county dale counties,
line where Thos. A. Walker's line crosses the same, run-
ning thence east with his line to his south-east corner;
thence north-east to Louis S. Maclin's south-east corner ; change of
thence with his east boundary line in a direct course to A. bounds.
L. Oldham's south-east corner; thence with the bounda-
ries of said Oldham's land to a point where the Wand-
ville and Chestnut Bluff road crosses said Oldham's east
28
boundary line; thence with said Wandville and Chestnut
Bluff road, in a north-eastern direction, to a point where
the Haywood and Lauderdale County line crosses said
road, and that portion of Haywood lying west of said
line as designated, be stricken off from Haywood and at-
tached to Lauderdale County, also that portion of Thos.
Lea's land lying in Haywood County, being about ten
acres, be attached to Lauderdale County.
Sec. 2. Be it further enacted, The public welfare re-
quiring it, that this Act take effect from and after its
passage.
Passed June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XIII.
AN ACT to Preserve the Peace and Prevent Homicide.
Section 1. Be it enacted by the General Assembly tf
the State of Tennessee, That it shall not be lawful for any
Carrying of person to publicly or privately carry a dirk, sword-cane,
arms private- Spanish stilleto, belt or pocket pistol or revolver. Any
person guilty of a violation of this section shall be sub-
ject to presentment or indictment, and on conviction, shall
pay a fine of not less than ten nor more than fifty dollars,
Penalty. ancj impri£0ned at the discretion of the Court for a
period of not less than thirty days nor more than six
months, and shall give bond in a sum not exceeding one
thousand dollars to keep the peace for the next six months
after such conviction.
Sec. 2. Be it further enacted, That it shall be the duty
of all peace officers in this State to see that the first sec-
Duty of offi- ^on this Act is strictly enforced, and if they know of
cers. its violation, it is hereby made their duty to report the
same to the Grand Jury of their county at its next term
after such violation, who shall proceed to make present-
29
merit without a prosecutor. All Sheriffs, Deputy Sheriffs,
Coroners, Justices of the Peace and Constables shall be
deemed peace officers under the provisions of this Act. Peace offices.
If any of the aforesaid officers fail or refuse to perform
the duties required of them by the provisions of this Act,
they shall be liable to presentment or indictment, and ori Penalty for
conviction shall be fined not less than ten nor more than neglect'g clu-
fifty dollars, and shall be dismissed from office, and shall ^
be disqualified from holding said office for the period of
their unexpired term. It shall be the duty of the Grand Duty ofgr'nd
Juries to send for witnesses in all cases where they have juries.
good reason to believe that the provisions of this Act
have been violated, and upon satisfactory evidence of its
violation, they shall make presentments of the same
without a prosecutor. It shall be the duty of the Circuit Judges' duty.
and criminal Judges and all other Judges whose Courts
have criminal jurisdiction, to give this Act specially in
charge to the Grand Jury at each term of the Court.
Sec. 3. Be it further enacted, That the provisions of o^cerg p0-
the first section of this act shall not apply to an officer or licemen' etc.
policeman while bona fide engaged in his official duties
in the execution of process, or while searching for or en-
gaged in the arrest of criminals; nor to any person who
is bona fide aiding the officers of the law or others in the
legal arrest of criminals, or in turning them over to the
prorar authorities after arrest; nor to any person who
i^JjBon a journey out of their county or State.
dec. 4. Be it further enacted, It shall be the duty of
the several courts in this State to give this act a liberal Duty °f
construction, so as to carry out its true intent and mean- Courts*
ing. This act to take effect forty days from and after
its passage.
Passed June 11th, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
30
CHAPTER XIY.
An Act to permit the Nashville and Chattanooga Railroad Company
to raise money for the purposes of said road.
Additional
power.
Borrow
ney.
Construction
of power.
Permitted to
borrow $3,-
000,000.
Rate of inter-
est.
Payment.
Mortgage.
Prior Lien.
Whereas, The charter of the Nashville and Chat-
tanooga Railroad Company, passed on the 11th day of
December, 1845, by its 33d section provides that the
said company shall possess such additional powers as may
be convenient for the due and successful execution of the
powers granted in said charter ; and
Whereas, The power to borrow money, upon such
terms as may be prescribed by the stockholders at a
general meeting, to be expended for the more thoroughly
equipping said road, repairing the road bed, and for such
other purposes as may be deemed expedient by said
stockholders, included in the powers granted by said 33d
section ; and
Whereas, It is intended by the following act merely
to construe the powers as granted by said charter, and
not to enlarge or modify the same; therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Nashville and Chat-
tanooga Railroad Company be, and it is hereby per«yed
to borrow a sum not exceeding three millions of cl^fflffs
and in order to secure the payment of the same, the said
company is authorized to make and issue its bonds
in sums of one thousand dollars each for the sum
aforesaid, payable in not less than five nor more than
twenty years from date, in gold or silver coin, with
coupons attached for the payment of interest semi-annu-
ally, at a rate of interest to be agreed upon, not exceed-
ing the legal rate of interest at the place where payable.
Sec. 2. Be it further enacted, That in order more per-
fectly to secure the payment of the principal and inter-
est of the bonds to be issued as aforesaid, the said com-
pany is hereby permitted to execute a second mortgage
on its charter, road, works, rolling stock and depots,
with all the stipulations and conditions necessary to ac-
complish the intent and meaning of this act, and the
manner in which said bonds and mortgage shall be made
and executed shall be prescribed by the Board of Direc-
tors of said Company. That nothing herein contained
shall be construed as to interfere with prior liens, espe-
31
cially the lien of the State ; and that this act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed June 19, 1870.
W. O'N. PERKINS,
/Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 13, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XV.
An Act to provide for tlie Election of a Governor and Members of
the General Assembly.
Section 1. Be it enacted by the General Assembly of
th^,State of Tennessee, That it shall be the duty of the Pufcy of Slier-
several Sheriffs of the different counties in this State, or lffs or Coro"
the Coroner where there is no Sheriff, or if he be a can-
didate, to open and hold an election at the different vot-
ing places in each county, on the second Tuesday in No-
vember, eighteen hundred and seventy, and forever
thereafter on the first Tuesday after the first Monday in
November, every two years, and at the same places to
elect a Governor for the State of Tennessee and members r Electlon °f
of the General Assembly thereof. Le^kmre"
Sec. 2. Be it further enacted, That said elections shall
be held, the votes compared, due and correct returns Election re-
thereof made out and transmitted, and certificates of turns,
election given to members elect of the General Assembly,
in accordance with the laws now in force, or hereafter
passed by the Legislature of this State, regulating the
election of Governor and members of the General As-
ssembly.
Sec. 3. Be it further enacted, That the public welfare
requires that this act take effect from and after its pas-
sage, and that all laws fixing any other time for holding
32
Former laws the election for Governor and members of the General
repealed. Assembly of this State are hereby repealed.
Passed June 10, 1870.
W. O'N. PERKINS,
Speaker of the Bouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XVI.
An Act authorizing-the Transmission of Depositions by Express.
Section 1. Be it enacted by the General Assembly of
the State of Tennesseee, That Sections 3,848 and 3,860 of
Code amend Code so amended as to authorize the sending of
ed. ' depositions by express, and hereafter 'depositions may be
sent by mail, express, or private conveyance, and if sent
Commission- by express shall be so certified by the Commissioner or
ers. person authorized to take depositions, and when received
Clerk of court ^ ^ie Clerk Court, he shall certify upon the'ele-
position whether he received it by mail, express or pri-
vate conveyance ; and if received by private conveyance
Oath required he shall administer an oath to such person as prescribed
in Section 3,861 of the Code, and this act shall take ef-
feet from and after its passage, as the public welfare re-
quires it.
Passed June 14, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
33
CHAPTER XVII.
AN ACT to repeal ail Act passed November 6, 1837, declaring
Wolf River navigable.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That an act passed November 6, Wolf River.
1837, entitled " An Act to declare Wolf River navigable,
from its mouth to McGee's mill, in Fentress County, be,
and the same is hereby repealed. This act to take effect
from and after its passage, the public welfare requiring it.
Passed June 14, 1870
W. O'N. PERKINS,
Speaker of the Bouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XVIII.
AN ACT to destroy the issues of the Bank of Tennessee paid into
the State Treasury for Taxes.
Section 1. Be it enacted by the General Assembly .of
the State of Tennessee, That the notes of the Bank of Ten-
nessee, issued prior to the 6th day of May, A. D. 1861, Date,
known as the old issue, which have been paid into the
Treasury on account of revenue due the State, and were
in the Treasury, shall be burned by the Treasurer at as Burned,
early an hour as possible, in the presence of the Gov-
ernor, Comptroller, and Trustee of the Bank of Tennessee, Witnesses,
and a Committee to be appointed by the Speakers of
both Houses, whose duty it shall be to count the same,
and keep a well bound record of the number, denomina-
tion and amount of notes so burned.
Sec. 2. Be it further enacted, That all notes of the
Bank of Tennessee, issued prior to the sixth day of May, Date.
A. D. 1861, known as the old issue, which may hereafter
■3
34
be paid into the State Treasury on account of revenue
Witnesses ^ue State, stall be burned by the Treasurer, in the
presence of the Governor, Comptroller, and Trustee of
Time of bum- the Bank of Tennessee, on the first Monday of each
ing. month, under the same regulations and conditions as are
prescribed in Section 1 of this Act.
Sec. 3. Be it further enacted, That the State of Ten-
State substi- nessee be and is hereby substituted to all the rights of
tuted. the note-holders as to the notes hereby destroyed, as is
secured to them by the 30th section of an Act passed Feb-
ruary 6, 1860, entitled, " An Act to regulate the business
of Banking in this Stateand it shall be the duty of
Trustee to the Trustee of the Bank, after the destruction of the
give receipt. J5ank bills as prescribed in the first and second sections,
to give to the Treasurer of the State a written acknowl-
edgement of the number and amount of the Bank notes
so destroyed, which shall be evidence of the amount due
and owing by the Bank of Tennessee to the State of
Tennessee, and to be settled out of the assets of the Bank
of Tennessee, according to the terms and stipulations of
the trust deed enacted by the Bank of Tennessee.
Sec. 4. Be it further enacted, That Section 8 of an
Act passed February 2, 1870, Chapter 56, entitled "An
Act directory to the Revenue Officers of the State, and
Repealed. for other purposes, be and the same is hereby repealed,
and the public welfare requires that this Act shall take
effect from and after its passage.
Passed June 15, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
35
CHAPTER XIX.
AN ACT for tlie protection ancl preservation of fish ; to prevent sein-
ing, basketing, netting or trapping in certain localities, under Ar-
tide XI, Section 13, of the Constitution of the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That seining, netting, either with
set or dipnet, basketing or trapping, in any stream, pond
or reservoir, in the Counties of Rutherford, Davidson, Counties..
Robertson, Montgomery, Cheatham, Williamson, Maury,
Stewart, Cannon, Marion, Warren and Dickson, is hereby
prohibited ; And it is further provided, That no seine or
net shall be stretched across the mouth of Stone's River. Stone's Rivir
Sec. 2. Be it further enacted, That should any person
or persons be found guilty of violating any of the pro-
visions of the first section of this act, he, she or they
shall be fined in a sum not under five nor more than Penalty,
twenty dollars for the first offense; not under twenty
nor over fifty dollars for the second offence, one-half of
the fine to go to the informer, and the other half to the
State.
Sec. 3. Be it further enacted, That Justices of the Justices of
Peace shall have full jurisdiction to try all cases arising the Peace,
under this act; Provided, Nothing herein contained Proviso,
shall be so construed as to prohibit appeals under the
usual requirements in such cases.
Sec. 4. Be it further enacted, That the citizens of the
counties accepting the provisions of this act, shall not be CouJltlJs ac~
entitled to fish in other counties with seines, traps, or cep ing'
no clrDfs
Passed June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
36
CHAPTER XX.
AN ACT to facilitate the dispatch of business in Courts of Record.
Section 1. Be it enacted by the General Assembly of
Pending trial the State of - Tennessee, That pending the trial of any
cause in any court of this State, at intervals in which
jurors are being summoned, or the progress of the trial
is otherwise delayed, the court may proceed with the
Other busi- other business of the court, but so as not to delay the
ness* cause on trial.
Passed June 10, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives'.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W C. SENTER,
Governor.
CHAPTER XXI.
AN ACT to change the county line between the Counties of Caiter
and Washington.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line [between]
Carter and Washington Counties be so changed as to in-
H P Phillips c^U(^e the lands and houses of H. P. Phillips, in Carter
County.
Passed June 9, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
37
CHAPTER XXII.
AJST ACT to Regulate tlie Issuance of State Bonds.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That no bonds of the State shall be
printed or engraved without an order of the Governor, Order of
countersigned by the Comptroller. All bonds so printed Governor
or engraved, shall be first delivered to the Governor, who
shall then deliver the same to the Comptroller, taking
his receipt for the same, which receipt shall show the
number of blank coupons on each bonds.
Sec. 2. Be it further enacted, That when bonds are to
be filled up for use, the Governor shall make an order on
the Comptroller, stating in the order, the amount, and for
what purpose, and the number of coupons to be signed
on each bond—the coupons not signed to be cancelled by
the Comptroller, and returned to the Governor on the
bond. When the Comptroller has thus prepared the Marnier of is-
bonds, he shall deliver them to the Governor, taking his sumS t>on<3s-
receipt for the same, stating amount, letter and number
of each bond. The bonds shall then be signed by the
Governor and countersigned by the Secretary of the State.
The Governor shall then deliver the bonds to the person
entitled by law to receive them, taking his or their re- Receipts,
ceipt for the same, which receipt shall show when the
bonds were issued, for what purpose issued, when they
mature, when the first coupon is due, and the letter and
number of each boud.
Sec. 3. Be it further enacted, That the Governor and ^ k to ^
Comptroller shall each keep a book in which all receipts ke^t ''
shall be taken, as provided for in Sections 1 and 2 of
this Act. They shall also keep, each, a book in which
shall be entered all bonds received and delivered by them
respectively.
Sec. 4. Be it further enacted, That all bonds of the
State, previously issued, returned by Railroads or other- Previous
wise, to the State, shall be first delivered to the Governor, su
and then by him to the Comptroller, taking his receipt,
which receipt shall show the amount of bonds, letter,
number, and how many coupons on each. The books of
the Governor and Comptroller shall show, at all times,
the amount of bonds, with full description of same, held
by the Comptroller.
38
Sec. 5. Be it farther enacted, That the Comptroller
Returned shall be the custodian of all bonds returned by Railroads
bonds. or otherwise, subject to the Legislature. Whenever
bonds are to be cancelled, it shall be done by a committee
bonds"3001 appointed by the Legislature for that purpose, and in the
presence of the Governor and Comptroller. The Gov-
ernor shall receipt to the Comptroller for such bonds, and
the committee shall give the Governor a certificate that
the bonds, giving amount, letter, number and amount of
coupons attached, and when due, have been examined
and cancelled by them.
Sec. 6. Be it further enacted, That the Comptroller
Comptroller shall open and keep a separate account of each install-
to keep sep- ment or semi-annual interest, on the bonded debt of the
arat-e account gta^ ancj the coupons, when paid, shall be charged to
their respective accounts; these accounts shall be kept so
as to show the aggregate amount of interest due at the
time specified, and also the amount that has been paid on
the same. The coupons, when paid, shall be so cancelled
by the Comptroller, that they cannot be used a second
time. They shall be kept separate, and shall be held by
Legislative ^ie Comptroller until examined by a committee appoint-
Committee, ed by the Legislature for that purpose. The committee
so appointed shall compare the coupons with the Comp-
troller, as to the amount, date, etc.
Sec. 7. Be it further enacted, That the Committee
appointed at each session, under the provisions of this
Examinati'ns Act, shall make a full report of their examination to the
Legislature.
Sec. 8. Be it further enacted, That the Governor be,
and is hereby directed to report to this General Assembly
Governor to the number and letter of all the blank bonds of the State
report. of Tennessee, now in his possession, as custodian of State
bonds, giving a full description of each and every bond,
and the number of coupons on each.
Sec. 9. Be it further enacted, That any officer of
the State of Tennessee, who is required, under the provi-
Neglect of s^ons to Perf°rm duties, shall wilfully neglect
duty.° -to perform them, or shall issue any bonds of the State of
Tennessee, other than as provided by this Act, the officer
so offending shall be guilty of a felony, and, upon con-
viction before any Court having jurisdiction of the same,
Penalty. shall be imprisoned in the Penitentiary of the State, for
a period of not less than three nor more than ten years,
and shall be removed from his office and rendered in-
competent from thereafter holding any office of honor or
profit in the State of Tennessee.
39
Sec. 10. Be it further enacted, That the public welfare
requires that this act take effect frqm and after its pas-
sage, and it is so hereby enacted.
Passed June 14, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17,1870.
D. W. C. SENTER,
Governor.
CHAPTER XXIII.
AN ACT to prescribe the mode and time of Electing Judicial and
other Civil Officers by the People.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That on the first Thursday in Date.
August, eighteen hundred and seventy, there shall be
elected in this State, by the qualified voters, six Judges Judges,
of the'Supreme Court, Judges of such Circuit and Chan-
eery and other Courts as are or may be established by
law, and an Attorney for the State for each Circuit or Attorney.
District for which a Judge, having criminal jurisdiction,
shall be established by law; Provided, That if any one Proviso,
or more counties, of either of the circuits of the State, is
or are attached to one or more counties of another circuit
of the State, thereby forming a district over which a
Criminal Judge presides, the Attorney for the State shall
be elected by the qualified voters of the district over Officers to be
which the Criminal Judge presides, and the Attorney elected-
for the State for the circuit from which said county or
counties is or are detached, shall be elected by the quali-
fied voters of the remaining counties. One Register, one
Clerk of the County Court, one Clerk of the Circuit
Court for each county, and one clerk of such other courts
as are or may be established by law; and the proper num-
ber of Justices of the Peace in each Civil District in a
County; Provided, however, That every judicial and Proviso,
civil officer, elected at the election held on the twenty-
sixth day of March, eighteen hundred and seventy, or
40
since that time, or before the first Thursday in August
next, and who have qualified or may qualify, shall con-
Officers to tinue to hold his office for and during the term for which
continue. he was elected, and until his successor is elected and
nfH qualified. All officers shall vacate their offices thirty
cateCerS °Ta days after the day fixed for the election of their succes-
sors under this act.
Sec. 2. Be it further enacted, That in voting for six
Supreme Judges in said election, every voter shall
prefix to the name of each candidate on his ballot
voting1 ° words u eastern," western," or " middle " division, to de-
note the grand division of the State for which he desires
each candidate elected. Said candidates shall reside in
the division of the State for which they were elected;
and the two receiving the highest number of votes for
any one grand division of the State shall be declared to
be two of the Judges of the Supreme Court of the State
of Tennessee.
Sec. 3. Be it further enacted, That on the first Thurs-
day in August, eighteen hundred and seventy-eight, and
Regular elec- forever thereafter every eight years, there shall be elect-
tlons. ed in this State, by the qualified voters, five Judges of
the Supreme Court of the State of Tennessee, and Judges
of such Circuit and Chancery and other courts as are or
may be established by law ; and an Attorney for the State
for each county or district for which a Judge, having
criminal jurisdiction, shall be provided by law. ^An(i
Manner of v°ting f°r sa^ Supreme Judges, every voter shall prefix
votino-. f° the name of each of three of the candidates, the words
" eastern," western," or " middle" division, to denote
the grand division of the State for which he desires each
of the three candidates elected. Each candidate shall
reside in [the grand division of] the State for which he
is elected; and the voter shall also prefix to the name of
each of the two other candidates on his ballot the words,
" the State at large," to denote that they are to be elected
for the entire State—said two candidates shall not reside
in the same grand division of the State, and the candi-
date receiving the highest number of votes for any one
grand division of the State, and the two candidates re-
ceiving the highest number of votes for the " State at
large," shall be declared to be the five Judges of the Su-
preme Court of the State of Tennessee.
Sec. 4. Be it further enacted, That the Sheriffs or
Duty of offi- Coroners, or other officers holding said election, shall,
cers of elec- within five days after such elections, make out {ind
tion. transmit to the Secretary of State a true return of
41
the number of votes received by each candidate forjudge
and Attorney for the State.
Sec. 5. Be it further enacted, That the Secretary of Duty of Sec-
State shall compare the number of votes received by each retaryof State
candidate for Judge and Attorney for the State, and shall
enter the same in a well bound book kept for that pur-
pose ; and shall give the person receiving the highest
number of votes a certificate of his election ; and the
Governor shall thereupon issue commissions to each Gov-
Judge and Attorney for the State upon an estimate and sbnsC°mm °"
certificate of the votes, as above prescribed. Said Judges
and Attorneys for the State shall be sworn according to
law, and then proceed to the discharge of the duties of
the office to which they have been elected.
Sec. 6. Be it further enacted, That elections for all
civil and judicial officers shall be held forever hereafter Fegular elec-
on the first Thursday in August next preceding the ex- tlons-
piration of the respective terms of such judicial and civil
officers, to-wit: For Judges of the Supreme, Circuit,
Chancery and other courts, and Attorneys for the State
in each circuit or district, every eight years; for Justices
of the Peace, in each civil district in every county,
every six years ; for Clerks of the Circuit, County and
other courts, and for Register, every four years; for
Sheriffs, Tax Collectors, County Trustees and Constables,
every two years, counting from the first Thursday in
Augu^m*ighteen hundred and seventy.
Sec. 7. Be it further enacted, That the term of each Term of of-
judicial and civil officer shall be computed from the first fice.
day of September next succeeding his election. No ap-
pointment or election, to fill a vacancy, shall be made for
a period of time extending beyond the unexpired term.
Every officer shall hold his office until his successor is
elected, or appointed and qualified. No special election
shall be held to fill a vacancy in the office of Judge or
Attorney for the Sate, but at the time herein fixed for
the biennial election of civil officers; and stich vacancy
shall be filled at the next biennial election occurring
more than thirty days after the vacancy occurs.
Sec. 8. Be it further enacted, That any vacancy in yacanc;cs
the office of Supreme Judge shall be filled by a person
residing in the grand division of the State in which the
vacancy occurs. ^ Duties of
Sec. 9. Be it further enacted, That the Sheriffs of the sheriffs,
different counties in this Sta e shall open and hold the
elections provided for in this act, according to the rules,
regulations and restrictions required by law ; and if there
42
be no Sheriff, or if he be a candidate, the Coroner shall
hold the elections ; or if there be no Coroner, or he be
incompetent, then the election shall be held as now re-
quired by the Code.
Sec. 10. Be it further enacted, That as the public wel-
fare requires it, this Act shall take effect from and after
its passage.
Passed June 10, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXIY.
AN ACT to organize the Supreme Court of Tennessee in pursuance
of Article VI, Sections 2, 3 and 5, and of Section 2 of the Sche-
dule of the Constitution of this State.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That a Supreme Court of the State of
Supreme C'rt Tennessee be and the same is hereby established, to be com-
established. p0ge(j 0f gjx JU(Jges^ two of whom shall reside in each of
the Grand Divisions of the State, but in the event any
vacancy shall occur in the office of either of said Judges
at any time after the first day of January, 1873, it shall
• -^umber of remain unfilled, and' the Court shall from that time be
3UC Ses- constituted of five Judges. Each of said Judges and their
Ageof judg's successors, shall be thirty-five years of age, and shall be-
fore his election have been a resident of the State for five
Term of ser- years. Said Judges shall hold their offices for the time
vice. herein prescribed, and shall be elected by the qualified
voters of the State, on the first Thursday in August,
eighteen hundred and seventy.
Sec. 2. Be it further enacted, That before entering
upon the duties of their office, the said Judges shall take
Oath. an oath or affirmation to support the Constitution of this
State, the Constitution of the United States, and an oath
faithfully and impartially to discharge all the duties of
43
their office, and the oath against dueling now required
by law to be taken.
Sec. 3. Be it f urther enacted, That the said Supreme
Court shall hold one session in each year at the following gessions.
places to-wit: At Nashville, Knoxville and Jackson, in
this State, at the times prescribed by law for holding the
present Supreme Court of the State of Tennessee.
Sec. 4. Be it further enacted, That the said Judges, at
the first term of the Supreme Court held by them at
Nashville, Knoxville and Jackson, shall appoint one
Clerk for each one of the Courts to beheld at those places,
and the Clerks so appointed shall take the oaths and give Clerks,
the bonds, with security, as required by law for the present
Clerks of the Supreme Court, and until the Clerks under
this Act shall be appointed and qualified, the present
Clerks at Nashville, Knoxville and Jackson shall con-
tinue to discharge the duties of their respective offices,
and shall deliver all the records, books and papers of
their respective offices to the Clerks appointed and quali-
fied as aforesaid.
Sec. 5. Be it further enacted, That while the Court
shall consist of six Judges, they may sit in two sections, Sittings,
and may hear and determine causes in each at the same
time, but not in different Grand Divisions at the same
time. When so sitting the concurrence of two Judges
shall b^mecessary to a decision, but when the said six
Judges^WISitting together, the concurrence of four of
them necessary to a decision in any cause.
Sec. 6. Be it further enacted, That if at any time
after the first day of January, 1873, a vacancy should
occur, then the concurrence of three of the five remain-
ing Judges shall be necessary to a decision in any cause;
and if any vacancy shall occur in the office of any of yacane;es t0
the five remaining Judges it shall be filled from the Grand be filled.
Division of the State in which the vacancy occurs, by
the qualified voters of the State.
Sec. 7. Be it further enacted, That after the election
and qualification of the Judges of the Supreme Court Attorney
provided for in this Act, they shall appoint an Attorney General and
General and Reporter for the State, who shall hold his Reporter,
office for the term of eight years. A certificate of his
appointment shall be signed by all the judges and shall
be entered on the minutes of the Court when first sitting
at Nashville, Knoxville and Jackson after his appoint-
ment has been made. Said Attorney General and Re-
porter shall qualify and perform all the duties of his
office, as by law are required of the present Attorney
44
General and Reporter of the State, and subject to like
pains and penalties.
Sec. 8. Be it further enacted, That the said Supreme
Court shall only have appellate jurisdiction, under such
Jurisdiction, regulations and restrictions as may from time to time be
prescribed by law, but it may possess such other jurisdie-
tion as is now conferred by law on the present Supreme
Court.
Sec. 9. Be it further enacted, That each of said six
Term of ser- Judges shall hold his office for the term of eight years,
ViCe- computed from the first day of September, 1870.
Sec. 10. Be it further enacted, That of the five Judges
of the Supreme Court of the State of Tennessee, elected
by the qualified voters of the State on the first Thursday
in August, 1878, and forever thereafter every eight years,
Residence of. one shall reside in each Grand Division of the State, and
Judges. the other, two shall not reside in the same Grand Divi-
sion of the State. Said Judges shall have all the qualifi-
cations, possess the same jurisdiction and powers, and
shall be subject to the same laws as by this Act are re-
quired of and conferred upon the Supreme Court when
consisting of six Judges, except that a concurrence of
three of them shall be necessary to a decision in any
cause.
Sec. 11. Be it further enacted, That after their elec-
tion and qualification, the Judges of the Supreme Court
of this State shall designate one of their who
Sec. 12. Be it further enacted, That as tne public
welfare requires it, this Act shall take effect from and
after its passage.
Passed June 16, 1870.
Chief Justice shall preside as Chief Justice.
W. O'N. PERKINS,
Speaker of the House of Representatives.
JONATHAN MORRIS,
Approved June 18, 1870.
Speaker pro tem of the Senate.
18, 1870.
D. W. C. SENTER,
Governor.
45
CHAPTER XXV.
AN ACT to fix the number of Members in the General Assembly of
the State of Tennessee.
Whereas, It is declared in Article II, Section 5, of
the Constitution of this State, that " the number of
Representatives shall not exceed seventy-five until the Preamble,
population of the State shall be one million and a half;"
and,
Whereas, By the proviso to Section 8, Article I, of
the alterations and amendments to the Constitution,
adopted on the 22nd day of February, 1865, the appor-
tionment of Representatives in the General Assembly of
the State of Tennessee was " so modified as to give the
Counties of Johnson, Carter, Campbell, Anderson,
Union, Sevier, Macon and Hancock, each one member ;
and the District composed of the Counties of Fentress,
Morgan, Scott and Cumberland, one additional member
in the House of Representatives and,
Whereas, By Article XI, Section 1, of the Consti-
tution of the State, adopted on the 26th day of March,
1870, it is expressly declared " that all laws and ordin-
ances now in force and use in this State, not inconsistent
with the Constitution, shall continue in force and use until
they shall expire or be altered, or repealed by the Legisla-
tare ; but ordinances contained in any former Constitution
or Schedule are hereby abrogatednow, therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That until the next enumeration
and apportionment of the voters of this State, no elec-
tion shall be held in any county or district in this State,
for any greater number of members of the General As- Number of
sembly than the number prescribed for each county or members ^ of
district by Sections 96, 97, 98 and 99, of the Code of|'^e LeSlsla"
Tennessee; and no other or different representation in
the General Assembly of the State of Tennessee than
that fixed in said sections of the Code, shall be allowed
to any county or district after the expiration of the term
of this General Assembly of the State of Tennessee.
Sec. 2. Be it further enacted, That the citizens of new
counties made since the 19th day of February, 1852, or
hereafter made, shall vote with the respective counties New counties
from which they have been or maybe taken, for Senators
and Representatives until the next apportionment.
Sec. 3. Be it further enacted, That the proviso to Sec-
46
tion 8 of the Schedule to the amendments to the Consti-
tution adopted on the 22nd of February, 1865, be and
the same is hereby repealed.
Passed June 15, 1870.
AY. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 21, 1870.
D. AY. C. SENTER,
Governor.
CHAPTER XXVI.
AN ACT to regulate and fix the payment of poll-tax.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That every male inhabitant of the
State, between the ages of twenty-one and fifty years,
except persons who are deaf, dumb, blind, incapable of
labor, or persons exempted by particular laws, shall pay
^ i a poll—tax.
CCi' e ' Sec. 2. Be it further enacted, That the rate of tax-
Common ation on every taxable poll, for common school purposes,
School. shall be fifty cents; and no other tax on polls shall be
levied by the State for any purpose whatever.
Sec. 3. Be it further enacted, That said poll-tax shall
County Trus- be collected annually and paid over to the County Trus-
tec. tee of each county in which collected, and shall be ap-
propriated for common school purposes in each county in
the manner prescribed by law.
Kate of tax- Sec. 4. Be it further enacted, That the rates of tax-
ation. ation on every taxable poll for county or municipal cor-
poration purposes, shall not exceed the poll tax for com-
mon schools.
Sec. 5. Be it further enacted, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed June 17, 1870.
AY. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 21, 1870.
D AY. C. SENTER,
Governor.
Kepealed.
Poll-tax.
47
CHAPTER XXVII.
AN ACT to establish the County of Trousdale.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a new county be, and the New county,
same is hereby established, out of fractions of the terri-
tory composing the counties of Sumner, Macon, Smith
and Wilson, around the town of Hartsville, to be called Name
" Trousdale," in honor of Governor Wm. Trousdale.
Sec. 2. Be it further enacted, That said county of
Trousdale shall be bounded as follows, to-wit: Begin- j$ounc]ari(l
ning on the north bank of Cumberland River, near the
house of Dr. James Alexander, in Smith County; run-
ning thence in a north-easterly direction on an arc ten
miles from Carthage to a stake on the Hartsville and
Carthage turnpike, near the house of Mrs. Bradley;
thence north 45 degrees east to Mou's Hill; thence with
the meanderings of said hill to a stake in the Macon county
line near Raglan's; thence with said line some ten miles
to where said line crosses the middle fork of Goose
Creek, near Ephraim Parsley's; thence with the mean-
derings of said creek to the mouth of the west branch of
the middle fork ; thence up said branch with its mean-
ders to James Barnley's, at the mouth of "Love Hollow;"
thence due west to the Macon county line; thence with
said west boundary line southward to a mulberry tree,
the south-west corner of Macon County; thence on a
continuation of the south boundary line of Macon
County, due west to where said line intersects the east
fork of Bledsoe's Creek, near George Brown's; thence
south to the Cumberland River, crossing the Gallatin and
Hartsville turnpike ten miles from Gallatin, between
Hallum's shop and the old toll-gate; thence up said river
with its meanders, to David Jackson's in Wilson County;
thence eastward on an arc eleven miles from Lebanon, to
Cumberland River at the mouth of Everett's branch ;
thence up the river with its meanders to McDonald's
warehouse; thence eastwardly on an arc eleven miles
from Lebanon, near Fred. Terry's and Whitson's, to a
point in the Smith county line between James Calhoun's
house and Henry Ward's; thence on an arc ten miles
from Carthage, to the beginning.
48
Sec. 3. Be it further enacted, That for the purpose of
Appointment perfecting the organization of said county of Trousdale,
of Commis- E. T. Seay, S. W. Lesueur, J. S. Dyer, Howard Young,
sioners. Q0p Jas> H. Vaughn, Robert Burford, Cyrus H. Lauder-
dale, John Carr and E. P. Lowe, are hereby appointed
Commissioners, who shall, before entering upon the dis-
charge of their duties, take an oath to faithfully and.im-
Obligation, partially discharge all the duties imposed on them by this
Act; and all vacancies that m?y occur previous to the or-
ganization of the County Court of said county, shall be
filled by the remaining Commissioners. A majority of
Duties. sa^ Commissioners shall constitute a board to transact all
things enjoined on them, and it shall be the duty of said
board to keep a true record of their proceedings as Com-
missioners, which shall be returned to the County Court
of said county of Trousdale, at the first term, to be en-
tered upon the record of said court, and said Commission-
ers shall make such other reports thereafter as said court
shall require.
Sec. 4. Be it further enacted, That it shall be the duty
Yotino- places sa^ Commissioners to designate three voting places in
and voting, the Sumner fraction, one in the Macon fraction, four in
the Smith fraction, and two in the Wilson fraction; and
shall give ten days' notice by written or printed circulars,
Notice to be posted in five or more public places in each fraction
given. taken from, the respective counties of Sumner, Macon,
Smith and Wilson, that an election will be held in which
all persons entitled to vote for members of the General
Persons en Assembly who have resided in the fraction proposed to
titled to vote, be stricken off for six months immediately preceding
said election, shall be entitled to vote, and each voter
who desires to vote for the establishment of the new
county, shall have on his ticket the words %e New Coun-
ty," and those desiring to vote against the new county,
Manner of sha.ll have on their tickets "Old County," and if, upon the
voting. counting of all the votes cast at said election in that part
of each of the counties of Sumner, Macon, Smith and
Wilson proposed to be taken off to form said county of
Trousdale, it shall appear that two-thirds of the qualified
Two thirds voters in each of the parts so taken off vote in favor of
vote required being attached to the new county, then that part shall be
a part of the county of Trousdale, and the same is here-
by declared to be a county, with all the powers, rights
and privileges, and subject to all the liabilities and duties
Proviso. with other counties in this State; Provided, however, That
if there should not be a two-thirds vote in the Wilson
county fraction in favor of said new county, the fractions
49
of Sumner, Macon and Smith shall constitute the county
of Trousdale. Provided, the consent of two-thirds of Proviso,
the qualified voters residing in the part so taken off has
been legally given.
Sec. 5. Be it further enacted, That said Commission-
ers shall appoint Judges and Clerks to hold said election, Electlon offi*
and also some suitable person as an officer in each place aP"
designated in each fraction, who shall have all the powers
and perform all the duties imposed by law upon other
officers holding elections under the laws of this State, Dutieg
and who shall, after the polls are closed and the vote u 1
counted, make out and certify the result and return the
same with a copy of the poll books to the Chairman of
said Board of Commissioners, who shall, when the re-
turns are all received, in the presence of the said Board
proceed to compare the vote and certify the result; and
the election therein provided for shall be held on the
same day in each of said fractions, and if, for any cause, Failure to
the election as herein provided shall not be held in any Fold election,
of said fractions on the day appointed, said Board shall
provide for another election as herein provided in such
fraction.
Sec. 6. Be it further enacted, That said Commission-
ers shall have power, and it shall be their duty to mark Boundv ]iue
the boundary lines of said county of Trousdale, guided t0 be marked
by the marks and bearings set forth in the second section
of this act before the election provided in the fourth sec-
tion of this act, and it shall be their duty to divide the Ciyil (bistricts
said county in such number of civil districts as the con-
venience of the inhabitants may require (but in no event
shall there be less than ten civil districts in said county)
designating the boundaries of and giving the place of
holding in said districts, and they shall perform such
other duties as may be necessary to carry out the provis-
ions of this act.
Sec. 7. Be it further enacted, That said Commission-
ers shall appoint such suitable persons as they thinkElectl011 offi-
proper, to open and hold the election for said county of
Trousdale, and those so appointed shall have power to
appoint Deputies, Clerks and Judges, and, by themselves
and Deputies, to administer all the necessary oaths, and
do and perform all other duties now imposed upon
officers holding similar elections, and such Deputies shall _
open and hold an election within thirty days after the re- elecJ^lce
suit of the first election is known, for the purpose of
electing a full quota of county officers, which election
shall be held in each civil district in said county of
4
50
Trousdale, and the officers so elected shall hold their
Term of offices until the next regular election of county officers
0l 'ce' takes place throughout the State; and that the Judges,
Clerks and officers hereby appointed, shall hold the elec-
tions provided by law for judicial and other officers on
the first Thursday in August, 1870.
Sec. 8. Be it furthei* enacted, That said Board of
Mcet'g place. Commissioners at its first meeting, shall designate a
place within the limits of said county of Trousdale
where said Board shall meet. They shall meet upon
their own adjournment and may be convened at any time
by their chairman.
Sec. 9. Be it further enacted, That the different courts
Courts at of said county of Trousdale shall be held in the town
Hartsville. of Hartsville, and all process issuing from any of said
courts returnable to this place shall be legal, and such
courts shall be subject to such rules and regulations, and
exercise the same powers as courts of similar jurisdiction
Power of the other counties. The County Court of Trousdale shall
Court. have the powers conferred by law upon County Courts,
and meet at the time prescribed by law.
Sec. 10. Be it further enacted, That when both parties
to a suit at law or equity reside in the County of Trous-
dale, upon application of either party to the Court in
Suits to be which suit is pending, it shall be removed to the new
removed. county, and the Clerk of the Court in the old county
shall transmit a transcript of the records in such suit to
the appropriate Clerk of the new county; and when the
defendant to such suit resides within the new county and
the plaintiff does not, then upon application of the de-
fendant to the Court in which said suit is pending, it
shall be transferred to the appropriate Court of the new
county.
Sec. 11. Be it further enacted, That all officers of the
Officers to sa^ county s^ia^ continue to hold their offices and per-
,™5„ 0f. form the duties thereof until others are elected and qual-
fice. ified according to law.
Sec. 12. Be it further enacted, That it shall be the
Duty of Tax duty of the Tax Collectors of Sumner, Macon, Smith and
Collectors. Wilson Counties, to pay over to the Trustee of Trous-
dale County, when elected and qualified, that portion of
the county tax of said counties which has been collected
by said Tax Collectors within the boundaries of Trous-
dale County for 1870, and the said Trustee's receipt shall
be a voucher to said Tax Collectors on settlement with the
Trustees of their respective counties.
Sec. 13. Be it further enacted, That the Commission-
51
ers herein provided for shall receive such compensation Compensa-
as may be allowed them by the County Court after the tion of Com-
organization of the county. ——
Sec. 14. Be it further enacted, That it shall be the
duty of the County Court of the said County of Trous-
dale, within three months after their organization, to sub-
mit to a vote of the qualified voters of said county the
permanent location of the county site, and whatever
place receives the highest number of votes shall be the
county site.
Sec. 15. Be it further enacted, That no tax shall be
imposed upon the people of said County of Trousdale
for the purpose of building a Court-house within four County build-
years after its organization. lnss'
Sec. 16. Be it further enacted, That the fractions taken
from the Counties of Sumner, Smith, Macon and Wilson,
to form the County of Trousdale, shall continue liable Liable for old
for their pro rata of all debts contracted by their respec- debts,
tive counties prior to their separation, and be entitled to
their proportion of any stock or credit belonging to such
old counties; and this act shall take effect from and after
its passage, the public welfare requiring it.
Passed June 21, 1870.
W. Cm. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 21, 1870.
D. W. C. SENTER,
Governor.
Permanent
location of
county site.
CHAPTER XXIX.
AN ACT to establish the County of Cla3r.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a new county be and the New county,
same is hereby established, to be composed of portions
taken from the northern portion of Jackson and Overton
Counties, to be known and designated by the name of Name.
County of Clay, and shall be bounded as hereinafter pro-
vided.
Sec. 2. Be it f urther enacted, That the general boun-
52
Boundaries, daries of said county shall be as follows, to-wit: Begin-
ning at the common corner of Jackson and Overton
Counties, upon the State line between Kentucky and
Tennessee, running thence with said line east to a point
in said line on the northern boundary of Overton Coun-
ty, to be fixed by the Commissioners to be hereafter de-
signated in this act; thence south or southwest to a point
in Overton County, to be also fixed and established by the
said Commissioners; thence in a westerly direction through
Overton and Jackson counties to a point to be fixed by
the Commissioners; thence north with said line, to the
State line; thence east with said line to the beginning;
Proviso Provided, That no line of said new county shall ap-
proach the Court-houses of Jackson and Overton Coun-
ties nearer than ten miles in a direct line from the same.
Sec. 3. Be it further enacted, That R. P. Broc ks, Jas.
A oint Cunningham and Job M. Morgan, of Jackson Coun-
ment of Com- ty, and W. H. Turner and Thomas Armstrong, of Over-
missioners. ton County, be and they are hereby appointed Commis-
sioners, with full power and authority to run out and
designate the boundaries of said county by actual survey;
Surveyor to and they are authorized to employ a competent person to
be appointed, survey the same; and if, upon finding that their terri-
tory and population are sufficient to meet the require-
ments of the Constitution without infringing the consti-
tutional territory or population of the counties from
which said County of Clay is to be taken, then said
Commissioners shall have the lines of said County of
Clay plainly marked, and cause a correct map of the same
to be made out and transmitted to the Secretary of State,
who shall file the same in his office; and the County of
Clay is hereby established upon the following condi-
tions:
Sec. 4. Be it further enacted, That it shall be the duty
Conditions, of said Commissioners, as soon as they shall ascertain
that there is territory and population sufficient to estab-
lish a new county under the requirements of the second
and third sections of this act, after giving twenty days'
notice in three or more public places, of the time and
place in each of the fractions proposed to be stricken off
from the Counties of Jackson and Overton, to open and
hold an election in each of the fractions proposed to be
stricken off from the counties aforesaid, for the purpose
Two thirds of ascertaining whether two-thirds of the voters residing
vote required in those fractions, are in favor of or opposed to the estab-
lishment of said County of Clay; and all persons quali-
fied to vote for members of the General Assembly who
53
have resided in the fractions aforesaid six months im-
mediately preceding the day of election, shall be entitled
to vote; and each voter who desires the establishment of
the new county, shall have on his ballot " New County," Manner of
and those opposed to the new county shall have on their voting,
ballots "Old County;" and if upon counting the ballots,
the judges of the several elections shall return that two- Election re-
thirds of each of the fractions have voted for the new turns,
county, then the County of Clay shall be and the same
is hereby established, with all the powers, privileges and
advantages, and subject to all the liabilities of other
counties in this State.
Sec. 5. Be it further enacted, That all officers in said
county shall continue to hold their offices and exercise Offices,
all the powers and functions thereof, until others are
elected and qualified according to law, and the said
County of Clay shall elect her officers on the day and Election of
under the same rules and regulations as provided by law officers,
for the election of officers in other counties in this State.
Sec. 6. Be it further enacted, That the Commissioners
appointed by the third section of this act shall appoint
such persons as they deem suitable to open and hold elec- Election of
tions for county officers for the County of Clay; and the officers,
persons so appointed shalll be and are hereby invested with
full power and authority to appoint Deputies, Clerks and
Judges, and by themselves and deputies to administer all Their duties,
necessary oaths, and to do and perform all other duties as
by law are required of Sheriffs and other officers holding
similar elections.
Sec. 7. Be it further enacted, That it shall be the duty
of the Commissioners aforesaid, as soon after the County
of Clay shall have been established as practicable, to To procure a
select and secure, by purchase or otherwise, a suitable County site,
site for the seat of justice in said county, and the said
Commissioners, having first caused a deed to be made to
themselves and their assigns, with general warranty, to
a sufficient quantity of land, including the site so selected, Town to be
shall cause a town to be laid off thereon, with as many laid out.
streets and alleys as they may deem sufficient, within a
suitable square, for the erection of public buildings.
Said Commissioners may reserve such lots as they may
deem advisable, for the purpose of erecting a jail, and
such other purposes as they may deem proper, and said
town, so laid off, shall be known by the name of :
Provided, Said Commissioners shall consult the wishes Proviso,
and convenience of a majority of the citizens of said
county; and said Commissioners shall open and hold an
54
election at three or more places in said county, first giv-
ing twenty days notice of the time and place, for the
Manner of se- purpose of fixing upon an eligible site for the seat of
lecting a per-justice in said County of Clay; and should said election
manent site. he held, all qualified voters for members of the General
Assembly, shall be entitled to vote in selecting said site.
Should there be two or "more places put in nomination
and voted for, the place receiving a majority of the votes
cast shall thereupon be declared, by said Commissioners,
Proviso. the seat of justice of Clay County : Provided, That said
Commissioners shall have the right to hold elections,
from time to time, until one place shall receive a major-
ity of those voting.
Lots to be SEC. 8. Be it further enacted, That the Commissioners
sold. of said county shall sell the lots in said town on a credit
of at least twelve months, first giving due notice thereof
To advertise. jn one or more newspapers, of the time and place, and
shall take bond, with security, from the purchasers of
said lots, payable to themselves or their successors in
office, and shall make title, in fee simple as Commission-
ers, to the respective purchasers of said lots.
Sec. 9. Be it further enacted, That the proceeds of
To defray ex- sale of said lots aforesaid, shall be a fund in the hands
penses. of said Commissioners for the defraying of the expenses
incurred in the purchase of said tract of land on which
the said county site shall be located, and, also, for de-
fraying the expenses of erecting the public buildings for
said County of Clay.
Sec. 10. Be it further enacted, That the Commission-
Additional ers shall als° appoint five Commissioners, whose duty
ComTs. ' it shall be to divide and lay off said county into civil
Civil Districts districts, designate the place of holding elections therein,
etc. and do and perform all the duties relative thereto, which,
by the laws of this State, such Commissioners are autho-
rized and required to do.
Sec. 11. Be it further enacted, That the County Court
of Clay County, when organized, shall be authorized to
County Court make such appropriations as they think proper to the
to compen- Commissioners appointed under this act, to compensate
sate ComTs. £}iem for their necessary expenses and services.
Sec. 12. Be it further enacted, That for the conven-
ience of the citizens, and for the administration of jus-
tice, the County and Circuit Courts for the County of
Place of bold- Q}ay shall be held at such place as may be designated by
mg ou s. Qommjssi0ners, until the public buildings for said
Notice to county shall be completed, due notice of which shall be
Clerks. given to the clerks of the several courts of said county,
55
by the Commissioners herein appointed, after which time
they shall be held at the Court-house in the county afore-
said.
Sec. 13. Be it further enacted, That the Commission-
ers appointed by the provisions of this act, together with
Surveyor employed to run out and designate the boun-
dary of said county, shall, severally, before they enter
upon the discharge of the duties assigned them, take an Obligations,
oath before some Justice of the Peace to discharge the
duty assigned them, without partiality or prejudice, to
the best of their judgment according to law.
Sec. 14. Be it further enacted, That the Commission-
ers of Clay County be, and they are hereby authorized to
exercise all the powers conferred in this act, and such Powers,
other powers as may be necessary and proper to the com-
plete organization of the County of Clay.
Sec. 15. Be it further enacted, That the citizens of
Clay County, in all elections for Governor, Representa-
tives in Congress, and the election of President and
Vice-President, shall vote with the counties from which Voting places
they have been respectively stricken off, until the next
apportionment.
Sec. 16. Be it further enacted, That the counties of
Jackson and Overton shall retain complete jurisdiction jurisdiction,
over the fractions stricken off from said counties, until
the County of Clay shall be completely organized.
Sec. 17. Be it further enacted, That the fractions of
Jackson and Overton Counties, formed by this act into
the County of Clay, shall continue liable for their pro Pro rata debts
rata of all debts contracted and owing by said Overton an cie( lts'
and Jackson Counties, as well as entitled to any portion of
any stocks and credits belonging to said Overton and
Jackson Counties.
Sec. 18. Be it further enacted, The public welfare re-
quiring ic, that this act take effect from and after its pas-
sage.
Passed June 16, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
R. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
56
CHAPTER XXX.
AN ACT to establish the County of Lake.
Sec. 1. Be it enacted by the General Assembly of the
State of Tennessee, That a new county be, and the same
Portion of is hereby established out of that portion of Obion County
Obion Co. which lies west of low water mark of Reel Foot Lake,
which shall be called the County of Lake.
Sec. 2. Be it further enacted, That the County of Lake
Boundaries, shall be bounded as follows, to-wit: Beginning at a
stake at low water mark on the west bank of Reel Foot
Lake, at a point where the dividing line between Ken-
tucky and Tennessee crosses said west bank; running
thence in a southern direction with the meanderings of
said western bank, at low water mark, to the Dyer
County line; thence west with the Dyer County line to
the State line; thence with said line up the Mississippi
River, in a northern direction, to an intersection with
the Kentucky line; thence east with the Kentucky and
Tennessee line to the beginning.
Sec. 3. Be it further enacted, That for the purpose of
Organization, effecting the organization of said County of Lake, Robert
C. Nail, Wyatt Moring, E. E. "Westbrook, L. Donald-
Commission- S0Ilj and W. J. Wynn, are hereby appointed Commis-
eis appointed s[onerSj wh0 shall, before entering on the discharge of
Oath of office their duties, take an oath before some Justice of the
Peace faithfully and impartially to discharge all the du-
ties imposed upon them by this act, and all vacancies that
may occur among said Commissioners, previous tothe or-
ganization of the County Court of Lake County, shall be
filled by the remaining Commissioners. A majority of
said Commissioners shall constitute a Board competent to
do all things herein enjoined on them, and it shall be
the duty of such Board to keep a true and faithful re-
cord of all their proceedings as Commissioners, which
shall be returned to the County Court of Lake County at
its first session, and the same shall be entered upon the
records of said court, and said Commissioners shall make
as frequent reports thereafter as said Court shall require.
Sec. 4. Be it further enacted, That said Commission-
ers shall have power and it shall be their duty to divide
Civil Districts Said county into such number of Civil Districts as the
convenience of the inhabitants thereof may require, de-
Vacancies.
Duties of
Com'rs.
57
signaling the boundaries of, and the places of holding Boundaries
elections in said Districts, and they shall perform ' all and place of
other duties in relation thereto, as by the laws of the elec*
State such Commissioners are required to perform, or as
may be necessary to carry out the purposes of this Act.
Sec. 5. Be it further enacted, That said Commission-
ers shall appoint such suitable persons as they may deem
proper, to open and hold the election for county officers ele^®0c^gS of
for Lake County, aud such persons so appointed shall
have power to appoint deputies, clerks and judges; and by
himself and deputies to administer all necessary oaths,
and do and perform all other duties now imposed upon
Commissioners of Registration or Sheriffs holding similar
elections, and such officers so appointed and his deputies,
shall open and hold an election tor county officers on the Election of
first Thursday in August, 1870, which election shall be co'ty officers,
held in each Civil District in said county, and the officers
so elected, shall hold their offices until the next regular ^gim ° ° "
election for the different officers so elected, takes place
throughout the State.
Sec. 6. Be it further enacted, That the citizens of
Lake County, in all elections for Governor, members of
the General Assembly, Representatives in Congress, and Voting places
Electors for President and Vice President, and Judges,
shall vote with the citizens of Obion County until the
next apportionment, agreeable to the provisions of the
5th Section of the 10th Article of the amended Consti-
tution.
Sec. 7. Be it further enacted, That for the clue admin- Courts,
istration of justice, the different courts to be holden for
said county of Lake shall be held in the town of Tip- Tiptonvillc.
tonville, until the seat of justice shall be located as here-
inafter provided, and all writs and other process issuing
from any of said courts, returnable to that place, shall be Writs return-
legal, and the courts for the county of Lake shall be un- able-
der the rules, regulations and restrictions, and shall have,
hold and exercise the same powers and jurisdiction as
similar courts in other counties. Said county shall be
attached to the Twelfth Judicial Circuit, and the Circuit Twelfth Ju-
Court thereof shall be held by the Judge of said Circuit, dicial Circuit,
on the third Mondays of January, May and September
in each and every year, and shall be attached to the
Ninth Chancery District, and the Chancery Court shall
be holden at such times as may be hereafter fixed by law.
The County Court of said county of Lake shall have
the powers conferred by the general law cf the State up-
58
on County Courts, and meet at the times prescribed by
said law.
Sec. 8. Be it further enacted, That immediately after
the organization of the County Court of Lake County,
or as soon thereafter as practicable, it shall be the duty
of said County Court—every District in said county
being represented therein—to designate, fix and establish
County seat. a Sllitable location for the county seat of said county, and
if deemed necessary by them, they may order an election
to be held, to ascertain the sense of the people of Lake
County upon the question as to where said county
seat shall be located. Said county seat, when so fix-
ed and established by said Court, shall never be
removed except by a two-third vote of the people
of the county.
Officers. Sec. 9. Be it further enacted, That all officers, civil
and military, now holding office in said county, shall
continue to hold their offices and exercise all the powers
and functions thereof, until others are elected and quali-
fied according to this Act, and nothing in this Act con-
tained shall deprive the county of Obion from having,
Jurisdiction, exercising and holding jurisdiction over the county of
Lake, and the citizens thereof, in as full and ample man-
ner as they now have, until the election and qualification
of county officers for said Lake County takes place ac-
Proviso. cording to this Act; Provided, That it shall be the duty
of the present Tax Collector of Obion County, to pay
Tax for 1870. over to the Trustee of Lake County, when elected and
qualified, that portion of the county tax of Obion County,
which shall have been collected by such Tax Collector
within the boundaries of said Lake County for the year
1870, and said Trustee's receipt shall be a voucher to
said Tax Collector on settlement with the Trustee of
Obion County.
Offences ®EC* ^e ^ farther enacted, That all offences, mis-
demeanors, crimes and felonies which have been commit-
ted in said county of Obion before the passage of this
Act, and which before the passage of this Act, were
presentable and indictable in and by the Circuit
Troy. Court of said county of Obion, held and to be hold-
en in the town of Troy, shall still be the subject of pre-
sentment, indictment, trial, conviction and judgment by
and in said Circuit Court at Troy, in the same manner
and to the same extent as if this Act had not been passed.
Sec. 11. Be it further enacted, That this Act take
59
effect, the public welfare requiring it, from and after its
passage.
Passed June 9, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
W. D. C. SENTER,
Governor.
CHAPTER XXXI.
AN ACT to lay off the State into Judicial Circuits.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That for the administration of Number of
justice in the Circuit Courts, the State of Tennessee is Circults-
hereby divided in fifteen Circuits. The first Circuit shall First Circuit-
comprise the counties of Hancock, Hawkins, Greene,
Carter, Johnson, Sullivan, Washington and Boone, if es-
tablished. The second Circuit shall comprise the counties Second Cir-
of Cocke, Jefferson, Grainger, Union, Sevier, Scott,cult-
Campbell, Claiborne and Hamblen, if established. The Third Circuit
third Circuit shall comprise the counties of Morgan, An-
derson, Knox, Monroe, Roane, Cumberland, Fentress,
Blount and Christiana, if established. The fourth Circuit Fourth Cir-
shall comprise the counties of McMinn, Polk, Meigs, cult*
Bradley, Rhea, Hamilton, Marion, Sequatchie, Bledsoe,
and a special Court at Chattanooga. The fifth Circuit Fifth Circuit,
shall comprise the counties of DeKalb, Overton, Put-
nam, White, Smith, Jackson, Macon and Clay, if estab-
lished. The sixth Circuit shall comprise the counties of Sixth Circuit.
Grundy, Warren, Coffee, Franklin, Lincoln and Van
Buren. The seventh Circuit shall comprise the counties Seventh Cir-
of Rutherford,' Cannon, Wilson and Bedford and the cu^;
Criminal Court of the county of Wilson. The eighth cujtlghtl1 Cll~
Circuit shall comprise the county of Davidson. The circuit
ninth Circuit shall comprise the counties of Williamson,
Marshall, Maury, Giles and Lawrence. The tenth Cir- cu^enth Cll~
cuit shall comprise the counties of Robertson, Mont-
gomery, Stewart, Cheatham, Dickson, Humphreys and
60
Eleventh Cir- Sumner. The eleventh Circuit shall comprise the coun-
cuit- ties of Hardin, Wayne, Lewis, Hickman, Perry, Deca-
Twelfth Cir- tur, Henderson and McNairy. The twelfth Circuit shall
cuit- comprise the counties of Benton, Henry,Weakley, Carroll,
Etheridge, Obion and Lake, and the special Court at-
CircuitlGtntl1 Union City, in Obion county. The thirteenth Circuit shall
comprise the counties of Dyer, Gibson, Haywood, Madi-
Fourteenth sorb and the special Court at Humboldt. The fourteenth
Circuit, Circuit shall comprise the counties of Fayette, Tipton,
Lauderdale and Hardeman, and the Circuit Court at
Bartlett, in Shelby County, as established by the Act
passed December 4, 1869, entitled an Act to reorganize
Fifteenth Cir- the Courts of Shelby County. The fifteenth Circuit shall
cuit. comprise the two Circuit Courts of Shelby County, as
established by the Act passed December 4, 1869, entitled
" An Act to reorganize the Courts of Shelby County/'
Special Cri- Sec. 2. Be it further enacted, That the Special Crimi-
minal Court nal Court for the counties of Davidson and Rutherford
Davidson co. ^ an(j remajn f]le saiIie as now established by law, and
Criminal Cr't the Criminal Court of Shelby County, as established by
of Shelby co. ^ passej December 4, 1869, entitled "An Act to
reorganize the Courts of Shelby County, " remain the
same as now established by law ; and the public welfare
requires that this Act take effect from and after its pas-
115 Sec. Code sage? and that Section 115 of the Code, establishing the
repealed. Judicial Circuits of the State, and all Acts amendatory
thereto, be and the same are hereby repealed.
Passed June 17, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXXII.
AN ACT to divide the State into Chancery Districts.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That for the administration of
61
equity in Chancery Courts, the State is divided into Chancery
Chancery Districts. The first Chancery District shall Court.
comprise the counties of Johnson, Carter, Washington, First District
Sullivan, Hawkins, Greene, Hancock, Claiborne, Grain-
ger, Jefferson, Cocke, Powell and Hamblen. The second Second Dist.
District shall comprise the counties of Knox, Sevier,
Campbell, Union, Anderson, Roane, Monroe, Blount,
Scott, Morgan, Fentress and Christiana. The third Dis- Third Dist.
trict shall comprise the counties of Polk, McMinn, Meigs,
Rhea, Cumber.and, Bledsoe, Sequatchie, Marion, Hamil-
ton, Bradley and the special Court at Chattanooga, as
now established by law. The fourth District shall com- Fourth Dist.
prise the counties of Franklin, Lincoln, Bedford, Ruther-
ford, Cannon, Coffee, Warren and Grundy. The fifth Fifth Dist.
District shall comprise the counties of VanBuren, White,
Putnam, Overton, Jackson, Macon, Smith, DeKalb and
Clay. The sixth District shall comprise the counties of Sixth Dist.
Wilson, Sumner, Robertson, Montgomery, Stewart,
Cheatham and Trousdale, if established. The seventh Seventh Dist.
District shall comprise tfte county of Davidson, as now
established by law. The eighth District shall comprise Eighth Dist.
the counties of Williamson, Maury, Marshall and Giles.
The ninth District shall comprise the counties of Benton, Ninth Dist.
Hickman, Henderson, McNairy, Lawrence, Dickson,
Humphreys, Decatur, Lewis, Perry, Flardin and Wayne. Tenth Dist.
The tenth District shall comprise the counties of Harde-
man, Madison, Haywood, Tipton, Fayette and Lauderdale. Eleventh Dist
The eleventh District shall comprise the counties of Dyer,
Obion, Lake, Weakley, Gibson, Etheridge, Carroll and
Henry. The twelfth District shall comprise the county Twelfth Dist.
of Shelby, as established by the Act passed December 4,
1869, entitled "An Act to reorganize the Courts of
Shelby County," and the public welfare requiring it,
this Act shall take effect from and after its passage.
Passed June 22, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 28, 1870.
D. W. C. SENTER,
Governor.
62
CHAPTER XXXIII.
AN ACT to dispose of tlie old Lunatic Asylum grounds, and to pro-
vide a site for a mansion for the Governor of the State.
Whereas, By Act of the General Assembly of Ten-
Amouut of nessee> in October, 1832, a piece of ground, nine acres,
land more or less in extent, in the southwestern suburb of the
city of Nashville, was purchased and appropriated to the
erection thereon of an Asylum for the Insane ; and
Whereas, Since the disuse of that structure in 1852,
Destruction anc* particularly since its destruction by the fire in 1863,
of buildings." the said property has been useless and unproductive to
the State; and
Whereas, It was originally set aside and devoted to
the care and well-being of the insane of the State, and it
is necessary that the present accommodation for that un-
. fortunate class should be extended, and a building suita-
xtension. adapted for their treatment; therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Board of Trustees of the
tak^™ostest0 Tennessee Hospital for the Insane are instructed to take
skm.1)0SSeS possession of the said property, and after laying otf two
acres thereof, to be retained and used as a site for the
Gov manskm erecti°n a mansion for the Governors of the State, shall
cause the remainder to be surveyed and divided into
to suitable lots, and sold, together with the dressed stone
)c so . thereon, to the highest bidder, on such terms as will best
subserve the objects hereinafter provided for.
Sec. 2. Be it further enacted, That the Governor is
^ n hereby directed to make deeds to purchasers in the name
?has«i° PU1" ancl !n behalf of tbe State"
Sec. 3. Be it further enacted, That the proceeds of the
Disposition of sale of said lots and building material, shall be paid over
the proceeds to the Treasurer of the State, subject to the order and
of sale. llse 0f the Board of Trustees of the Tennessee Hospital
for the Insane, to be applied by them as directed in sec-
tion 1,533 of the Code, viz.: " To make such alterations
in the hospital, and in the grounds attached to it, as may
be necessary to insure such a separation of the differ-
ent classes of the insane, as is essential to their proper
treatment, medical as well as moral.
, Sec. 4. Be it further enacted, That the Governor of
take charAt0 State is hereby empowered and directed to appoint
of site. = three Commissioners, one from East Tennessee, one from
63
West Tennessee, and one from Davidson County, who
shall take charge of the site reserved for the mansion of
the Governor, and the building material thereon, and
when hereafter instructed by act of the General Assem-
bly, said Commissioners shall have power to employ a power 0f
competent architect to prepare a suitable plan for said Com rs.
building, and to contract for its construction, the cost of
which, together with all proper appurtenances thereto,
not to exceed twenty-five thousand dollars.
Passed June 18, 1870.
W. O'N. PERKINS,
Speaker of the Mouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXXIV.
AN ACT to change the County line between the Counties of Giles
and Marshall.
Section 1. Be it enacted hy the General Assembly of
the State of Tennessee, That the territory of Giles County
lying north and east of the line beginning on the top of Boundaries,
the ridge in Giles and Marshall County line, at the west
end of Enoch Smith's farm, not far from Wesley Griffis ;
running thence, in a southern direction with a lane, to
the Bear Creek Church road; thence with said road to
the mouth of the lane in the Cornersville and Lynnville
road that divides the farm of P. T. Cox and Richard
Wilkes; thence south with the Cornersville and Lynn-
ville road to a large poplar in the road where the Cor-
nersville and Lynnville road turns east; thence with the
old Huntsville and Columbia road to the Christian
Church near D. G. Ussey's, the same being the line of
the seventeenth district of Giles County ; thence with the
said Huntsville and Columbia road and the civil district
line, to what is known as the G. W. Day farm and Eas-
lick's mills; then east, so as to strike the line that divides
the lands of S. G. Marsh and W. W. Simmons, near the
64
Cornersville and Pulaski turnpike; thence east with
said Marsh and Simmons' line to the southeast corner of
said Marsh's farm; thence north to the middle of Rich-
Attached to land Creek ; thence east up Richland Creek, meandering
Marshall Co. the same to the point where the Giles and Marshall
County line crosses the creek near, James Moore's, shall
be, and the same is hereby attached to and constitute a
part of Marshall County.
Sec. 2. Be it further enacted, That the territorial frac-
tions, taken from Giles and added to Marshall County
by this act, shall continue liable for its pro rata of all
debts contracted by Giles County before the passage of
this act, and the said fraction shall be entitled to its pro-
portion of any stocks or credits belonging to Giles
County.
County taxes ^EC* ^e ^ father enacted, That the State and
County taxes of said fraction for the year 1870, shall be
collected by the Tax Collector of Giles County, and when
collected in said fraction, the county tax shall be paid to
the County Trustee of Giles County, and constitute a
part of the county revenue of Giles county.
Sec. 4. Be it further enacted, That as the public we -
• fare requires it, this act shall take effect from and after
its passage.
Passed June 30, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
r>. B. THOMAS,
Speaker of the Senate.
Approved Julv 1, 1870.
D. W. C. SENTER,
Governor.
Pro rata of
debts.
Credits.
CHAPTER XXXV.
'AN ACT to authorize the removal of the County site of Hamilton
County.
Section 1. Be it enacted hy the General Assembly of
Election no- State of Tennessee, That at the general State election
rice. to be holden in November next, the Sheriff of Hamilton
65
County, or other officer holding the same, is authorized,
empowered and required to open and hold an election at
all the voting places in said county, in which election all the
voters of said county, qualified to vote for members of the Removal of
General Assembly, may vote for or against the removal of county site.
the county site of said county from Harrison to Chattanooga.
Sec. 2. Be it further enacted, That at said election
those who are in favor of the removal of the county site Manner of
shall have written or printed upon their ballots, " For voting,
the removal of the county site," o* words to that pur-
p(trt; and those who are opposed to the removal of the
county site, shall have written or printed upon their bal-
lots, "Against the removal of the county site," or words
to that purport; and said election shall be held by the
same officers, Judges and Clerks holding the general
State election, and the words herein provided for may be
written or printed upon the tickets or ballots cast for can-
didates in the general election, and may be held and
counted therewith.
Sec. 3. Be it further enacted, That the Sheriff or To comparc
other officer holding said election shall compare the votes and report
upon the question of removal of the county site, and re- result,
port the result thereof, and the number of votes cast for
and against the removal, to the County Court of said
county, at the next term after said election.
Sec. 4. Be it further enacted, That if at said election
two-thirds of the votes cast and counted for and against Two-third
removal, shall be in favor of said removal, then and vote,
in that event the county site of said county of Hamilton
shall be removed from Harrison to Chattanooga, and the
County Court of said county is hereby authorized, em- Duty of Co.
powered, and required to provide for said removal, and Court,
to that end are authorized and empowered to dispose of
and sell the public buildings at Harrison, and to provide
for the necessary public buildings at the new county site Buildings, etc
in such way as in their discretion may be best and proper
for the interest of the county.
Sec. 5. Be it further enacted, That if said county site
shall be removed as herein provided for, all the records Records,
of the various courts and county offices at Harrison shall
be transferred to Chattanooga, and stand in the same
plight and condition as before their removal, and all bonds, Bonds, etc.
obligations, recognizances and process previously exe-
cuted, shall have the same force and effect at Chattanoo-
ga as though the county site had remained at Harrison.
Sec. 6. Be it further enacted, That if said county site circuit and
shall be removed as herein provided for, the Law Court Law Courts.
5
66
of Chattanooga shall be merged into the Circuit Court of
Hamilton County, and the same become one court, to be
Chancery holden at the same times as now provided for the holding
Courts. of said Law Court, and the Chancery Court of Chat-
tanooga in like manner shall be merged into the Chan-
eery Court of Hamilton County.
Passed June 24, 1870.
W. OX. PERKINS,
Speaker of the Rouse of Representatives.
D. B. THOMAS,
Speaker of the Senatef
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXXYI.
AN ACT to enforce Section 28, of Article II, and Section 30, of
Article II, of the Constitution, and to amend the revenue laws of
the State ; particularly Section 5, of an Act passed March 1, 1869,
entitled "An Act to amend the revenue laws of the State," and
Section 1, of an Act passed February 25, 1870, entitled "An Act
to sustain the credit of the State, and to amend the revenue laws
of the State, and for other purposes."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That all property, real, personal
Pro ert ex- or by the State, or any county, incorporated
empt from city or town of the State, which is used exclusively for
taxation public or corporation purposes, and such as is held and
used for purposes purely religious, charitable, scientific,
literary or educational, and personal property to the
value of one thousand dollars in the hands of each tax-
payer, and all personal property which is the direct pro-
Product of duct of the soil, whilst in the hands of the producer, or
soil- in the hands of the immediate vendee of the producer,
shall be exempt front taxation under the revenue laws of
this State.
Sec. 2. Be it further enacted, That no article manu-
Manufacture factured of the produce of this State shall be assessed for
ed articles, taxation, or taxes levied and collected thereon, whether
the produce shall be the product of the farm, orchard,
garden or vineyard.
67
Sec, 3. Be it further enacted, That so much of Section Law repealed
1, of an Act passed January 25, 1870, entitled "An Act
to sustain the credit of the State, and to amend the rev-
enue laws of the State, and for other purposes," as ex-
empts one thousand dollars in value, of stallions, mares,
geldings, mules, jacks, jennets, neat cattle, sheep and
hogs, and one thousand dollars of the money of orphans,
legatees and distributees under twenty-one years of age,
and five hundred dollars in value of all household and
kitchen furniture, including gold and silver plate, and
five hundred dollars of all salaries and emoluments and
fees of office, be and the same are hereby repealed, and
the exemption shall be as provided in this act. Tax on spirits
Sec. 4. Be it further enacted, That the fifth section of repealed,
an act passed March 1, 1869, entitled "An Act to amend
the revenue laws of the State, so far as it imposes a priv-
ilege tax of one hundred dollars upon all other dealers in
spirits, wines, etc., when the same is manufactured from
the produce of any farm, orchard, vineyard or garden in
this State, and sold by the manufacturer, is hereby re-
pealed.
Sec. 5. Be it further enacted,, That the public welfare
demands that this Act take effect from and after its pas-
sage.
Passed June 27,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C, SENTER,
Governor.
CHAPTER XXXYII.
AN ACT to amend the criminal laws of the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That if any conductor, engineer or cr0gS\nga s
manager on any railroad in this State, crossing any other
railroad, shall at any point where said road crosses any
68
other railroad in the State, wilfully or maliciously run or
drive any locomotive or train into or against any train,
locomotive or car standing or passing over said crossing,
the person or persons aforesaid, by whom said act is com-
mitted, shall be deemed guilty of a felony, and on con-
viction thereof in any Criminal or Circuit Court having
jurisdiction of said offense, shall be punished by impris-
onment in the State prison for a term not less than one,
nor more than five years.
Sec. 2. Be it further enacted, That the various Circuit
and Criminal Judges are required to give this act spe-
cially in charge of the Grand Juries at each term of the
Court, and the public necessity requires that this act take
effect from and after its passage.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXXVIII.
AN ACT to suppress Hunting or Killing Deer with Dogs, and of
Netting or Seining of Fish in the Counties of Benton and Hum-
phreys.
Hunting for- Section 1. Be it enacted by the General Assembly of
bidden at cer- the State of Tennessee, That it shall not be lawful to hunt
tain seasons. or kill Jeer with guns or dogs, within the limits of the
counties of Benton and Humphreys from the first day of
January to the first day of September in each and every
year.
Fishing for- Sec. 2. Be it further ''enacted, That it shall not be
bidden at cer- lawful to entrap or take fish with a net or seine in any of
tam sea30ns- the waters of the counties of Benton and Humphreys
from the first of January to the fifteenth of October in
each year.
Sec. 3. Be it further enacted, That any person o per-
69
sons violating this Act shall be fined not less than ten nor Penalty,
more than twenty-five dollars for each offence,and that fines
so assessed shall one half go to the county, the other to
the prosecutor.
Sec. 4. Be it further enacted, That Justices of the Justices of
Peace have full power to try all cases for the violation oftlie Peace-
this Act as in other cases of misdemeanor.
Sec. 5. Be it further enacted, That no hunting party
or parties, shall encamp upon the lands of any person Privilege re-
with dogs or guns to hunt deer in said counties, without <Purec •
the consent of the owner or agent of said lands.
Passed June 16, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XXXIX.
AN ACT to enforce Section 14, Article XI of tlie Constitution, and
to prevent the Intermarriage of "Wuite persons with Negroes,
Mulattoes or persons of mixed blood.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the intermarriage of white intei-maMa^e
persons with negroes, mulattoes, or persons of mixed
blood, descended from a negro to the third generation
inclusive, or their living together as man and wife in
this State, is hereby prohibited.
Sec. 2. Be it further enacted, That the persons know-
ingly violating the provisions of the first section of this
Act shall be deemed guilty of a felony, and upon convic-
tion thereof shall undergo imprisonment in the peniten- Penalty,
tiary not less than one nor more than five years; and the
Court may in the event of a conviction, on the recom-
mendation of the Jury, substitute in lieu of punishment
in the penitentiary, fine and imprisonment in the county
jail.
Sec. 3. Be it further enacted, That the public welfare
70
demands that this Act shall take effect from and after its
passage.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XL.
AN ACT to authorize the Comptroller to employ a Clerk.
Section 1. Be it enacted hy the General Assembly of
the State of Tennessee, That the Comptroller be, and he
is hereby authorized to employ a clerk, whose salary shall
Salary. be one hundred dollars per month, payable monthly out
of the Treasury of the State, and as the public welfare
requires it, this Act shall take effect from and after its
Passed June 23, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XIL.
AN ACT to change the line between the Counties of Campbell and
Claiborne.
Section 1. Be it enacted by the? General Assembly of
71
the State of Tennessee, That the county line between the
counties of Campbell and Claiborne be so changed as to
include the lands of the heirs of Peter Childers (the
place where Marble Childers now lives,) and all the lands
of F. P. McNew in Campbell County.
Sec. 2. Be it further enacted, That this Act take effect
from andfafter its passage, the public welfare requiring it.
Passed June 15, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 28, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XLII.
AN ACT to suppress Drunkenness in Public Officers.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That if any judicial, ministerial,
or executive officer in this State, either of State or county
shall be in such a state of drunkenness as to incapa-
citate him for the proper and rational discharge of the
duties of his office, the same shall be declared a misde-
meanor in office, and upon conviction, upon indictment
or presentment, shall be punishable as other misdemeanors
in office.
Passed June 20, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved Julie 28, 1870.
D. W. C. SENTER,
Governor,
72
CHAPTER XLII.
AN ACT to prescribe and define certain presumptions of law which
shall govern the Courts of this State in certain suits and proceed-
ings involving the title, ownership or possession of Real Estate
previously sold by order or decree of certain Courts of Record.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That in all cases wherein suits or
actions may hereafter be brought, in any of the Courts
of this State, for the recovery or possession of any land
or real estate, or any interest therein of any name, kind
or description, which real estate, land or interest therein
(whether said interests were in fee simple, in remainder,
in reversion or expectancy, absolute, conditional, vested or
contingent, in presenti or in futuro, belonging to parties
in esse or thereafter to be born,) shall have been sold
under any judgment, order or decree of any County, Cir-
cuit, Chancery or Supreme Court, or other courts of re-
cord in this State, before the 8th day of June, A. D.
1861, one thousand eight hundred and sixty-one, the
Court in which said suit or action may be brought (whe-
Presumptions ther such suit or action be by bill, by bill of review, by
of law. appeal in the nature of a writ of error, by original sum-
mons at law or in equity, or otherwise,) shall presume that
all persons who may have been named as parties to the suit,
bill, petition, order, judgment or decree under which said
land, real estate or interest therein was sold, were proper-
ly and legally before the Court ordering said sale, and that
such persons and each of them, had been properly summon-
ed and served with all necessary legal notice, and that all
proper and necessary notices and publications-had been giv-
en and made by the Court ordering the sale of said lands,
real estate and interest therein, and the Courts of this State
shall presume as herein provided, whether said sales be di-
rectly or collaterally attacked or involved : Provided, that
nothing herein contained shall prevent any party in interest
Affirmative t° said suits or actions from averring and proving by affir-
evidence. mative evidence, that such party had not been properly
brought before the Court ordering said sale, or properly
served with the notices and summons required by law.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
73
CHAPTER XLIV.
AN ACT to change the time of holding the Circuit Court at Jones-
boro.
Section 1. Be it enacted by the General Assembly oj
the State of Tennessee, That the time of holding the Cir-
cuit Court for the County of Washington, at Jonesboro,
Tennessee, be changed from the first to the second Mon-
day after the fourth Monday in the months of March,
July and November, and all process and recognizances
made returnable to said first Mondays are hereby con-
tinued and made returnable to the .second Monday as
aforesaid; and it shall be the duty of the Clerk of
said Court to open the same, as now required by law,
and enter a continuance, as required in this act, of all
cases made returnable as aforesaid.
Sec. 2. Be it further enacted, That the public good re-
quiring it, this act shall take effect from and after its
passage.
Passed June 20, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XLV.
AN ACT to amend the laws for the management of the Peniten-
tiaiy.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That hereafter it shall be lawful
74
Salaries. f°r the Inspectors of the Penitentiary to fix the salaries
of the following officers of said institution, to-wit: Super-
intendent of the Mechanical Department, Book-Keeper
Proviso. and Treasurer and Assistant Warden. Provided, That said
Superintendent shall not be allowed more than three
thousand dollars per annum; said Book-Keeper and
Treasurer not more than fifteen hundred dollars per an-
num, and the Assistant Warden not more than nine hun-
dred dollars per annum, to be paid as heretofore pro-
vided by law.
Sec. 2. Be it further enacted, That the provisions in
Section 6 of an act passed February 5, 1870, entitled,
"An Act for the management of the Penitentiary," re-
quiring that no convict shall be leased or hired to be
worked outside of the prison walls, except " by and with
their consent, first had and obtained in writing," be and
Law repealed the same is hereby repealed.
Sec. 3. Be it further enacted, That the present inspec-
tors be, and they are hereby authorized and directed, to
Land to be divide into lets and sell, at public outcry, to the highest
so * bidder, after giving at least thirty days' public notice of
the time and place, the ground belonging to the peniten-
tiary lying north of Cedar street, in the city of Nash-
Location. yille, and known as the Stone Quariy. The terms of
T said sale shall be one-third cash, and the balance on six
erms o sa e an(j tvvejve m0nths' credit. The proceeds of such sales
shall be applied to the support and maintenance of the
penitentiary, and the balance, if any, shall be paid into
the State Treasury.
Sec. 4. Be it further enacted, That the sum of eleven
thousand five hundred and forty-seven dollars and forty-
eight cents is hereby appropriated and made subject to
the order of the Book-Keeper of the Penitentiary, by
and with the written approval of two or more of the In-
Claims to be spectors, for the payment of claims against the Peniten-
.paid. tiary incurred, falling due previous to March 1, 1870.
Sec. 5. Be it further enacted, That the Inspectors of
Salaries of the Penitentiary shall each receive a salary of one thous-
nspectors. an(j ^0uars per annum, payable quarterly out of the
Proviso. funds of the institution : Provided, The increased salary
of the inspectors, allowed under the provisions of this
act, shall only be paid out of the surplus assets of the
institution, after paying the necessary expenses as now
provided by law, and so as not to be a charge on the
Treasury of the State.
Sec. 6. Be it further enacted, That all laws and parts
75
of laws, in conflict with the provisions of this act, are
hereby repealed, and as the public welfare requires it,
this act shall take eflect from and after its passage.
Passed June 24, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XLVI.
AN ACT to fix the time for holding the Circuit Courts.
Section 1. Be it enacted hy the General Assembly of
the State of Tennessee, That the Circuit Courts shall be
held at the following times and places :
first circuit.
Hancock—Third Mondays of January, May and Sep-
tember.
Hawkins—Fourth Mondays of January, May and
September.
Greene—Second Mondays of February, June and Oc- First Circuit,
tober.
Carter—Second Mondays of March, July and Novem-
ber.
Johnson—Third Mondays of March, July and Novem-
ber.
Sullivan—Fourth Mondays of March, July and Nov-
ember.
Washington—Second Mondays after the fourth Mon-
days of March, July and November.
second circuit.
Claiborne—First Mondays of January, May and Sep- gec,d C}rcuit
tember.
76
Campbell—Third Mondays of January, May and Sep-
tember.
Scott—Fourth Mondays of January, May and Sep-
tember.
Union—First Mondays of February, June and Octo-
ber.
Sevier—Third Mondays of March, July and Novem-
ber.
Cocke—Fourth Mondays of March, July and Novem-
ber.
Jefferson—First Mondays of April, August and De-
cember.
Hamblen—Third Mondays of April, August and De-
cember.
Grainger—Fourth Mondays of April, August and De-
cember.
THIRD CIRCUIT.
Anderson—Second Mondays of March, July and Nov-
ember.
Morgan—Third Mondays of March,' July and Nov-
ember.
Third Circuit Fentress—Fourth Mondays of March, July and Nov-
ember.
Cumberland—First Mondays after the fourth Mondays
of March, July and November.
Roane—Second Mondays after the fourth Mondays
of March, July and November.
Blount—Fourth Mondays of April, August and De-
cember.
Monroe—Second Mondays of May, September and
January.
Christiana—Fourth Mondays of May, September and
January.
Knox—First Mondays of February, June and Octo-
ber.
FOURTH CIRCUIT.
McMinn—Second Mondays of April, August and De-
cember.
Polk—Third Mondays of January, May and Septem-
ber.
Meigs—Fourth Mondays of April, August and De-
Fourth Circ't cember.
Bradley—First Mondays of January, May and Sep-
tember.
77
Bhea—First Mondays of March, July and Novem-
ber.
Marion—First Mondays of February, June and Octo-
ber.
Hamilton—Fourth Mondays of March, July and Nov-
ember.
Sequatchie—Second Mondays of February, June and
October.
Bledsoe—Third Mondays of February, June and Oc-
tober.
Chattanooga—Fourth Mondays of February, June and
October.
FIFTH CIRCUIT.
Macon—First Mondays of January, May and Septem-
ber.
Clay—Second Mondays of January, May and Septem-
ber.
Jackson—Third Mondays of January, May and Sep-
tember. . Fifth Circ't.
Overton—First Mondays of February, June and Oc-
tober.
Putnam—Second Mondays of February, June and Oc-
tober.
White—Third Mondays of February, June and Octo-
ber.
DeKalb—First Mondays of March, July and Novem-
ber.
Smith—Fourth Mondays of March, July and Novem-
ber.
SIXTH CIRCUIT.
Grundy—Third Mondays of January, May and Sep-
tember.
Warren—First Mondays of February, June and Octo-
Coffee-—First Mondays of January, May and Septem- SlxthCucult-
ber.
Franklin—Fourth Mondays of March, July and Nov-
ember.
Lincoln—First Mondays of March, July and Novem-
ber.
Van Buren—Third Mondays of April, August and
December.
SEVENTH CIRCUIT.
Kutherford—Third Mondays of March, July and Nov-
ember. Seventh Cir.
78
Cannon—Second Mondays of February, June and Oc-
tober.
Bedford—First Mondays of April, August and De-
cember.
Wilson—Second Mondays of January, May and Sep-
tember.
EIGHTH CIRCUIT.
Davidson—Fourth Monday of January, third Mon-
Eighth Circ t ]\xay and first Monday of September.
NINTH CIRCUIT.
Maury—First Mondays of January, May and Sep-
tember.
Marshall—Second Mondays of February, June and
Ninth Circuit October.
Williamson—First Mondays of March, July and Nov-
ember.
Giles—Fourth Mondays of March, July and^Novem-
ber.
Lawrence—Third Mondays of April, August and De-
cember.
TENTH CIRCUIT.
Montgomery—First Mondays of January,, May and
September.
Robertson—First Mondays of February, June and
October.
Cheatham—Third Mondays of February, June and
October.
Tenth Circuit Sumner—Fourth Mondays of February, June and
October. &
Dickson—Third Mondays of March, July and No-
vember.
Humphreys—Fourth Mondays of March, July and
November.
Stewart—Second Mondays of April, August and De-
cember.
ELEVENTH CIRCUIT.
Hardin—First Mondays of January, May and Sep-
tember.
Eleventh Cir- Wayne—Second ^Mondays of January, May and Sep-
cmt" tember.
Lewis—Third Mondays of January, May and Sep-
tember.
79
Hickman—Fourth Mondays of January, May and
September.
Perry—First Mondays of February, June and Octo-
ber.
Decatur—Second Mondays of February, June and
October.
Henderson—Third Mondays of February, June and
October.
McNairy—Second Mondays of March, July and No-
vember.
TWELFTH CIRCUIT.
Carroll—First Mondays of January, May and Sep-
tember.
Benton—Third Mondays of January, May and Sep- Twelfth Cir-
tember.
Henry—Fourth Mondays of January, May and Sep-
tember.
Etheridge—Third Mondays of April, August and De-
cember.
Weakley—Second Mondays of February, June and
October.
Obion—First Mondays of March, July and November.
Lake—First Mondays of April, August and De-
cember.
Union City—Third Mondays of March, July and No-
vember.
THIRTEENTH CIRCUIT.
Gibson—Third Mondays of February, June and Oc-
tober.
Humboldt—Second Mondays of March, July and No-
vember. p. Th.irteerith
Haywood—Third Mondays of March, July and No- ircm '
vember.
Madison—Fourth Mondays of January, May and Sep-
tember.
Dyer—First Mondays of January, May and Septem-
ber.
FOURTEENTH CIRCUIT.
Tipton—First Mondays of January, May and Sep-
tember.
Lauderdale—Fourth Mondays of January, May and
Septem ber. . Fourteenth
Fayette—Third Mondays of February, June and Oc- Circuit-
tober.
80
Hardeman—Third Mondays of March, July and No-
vember.
Bartlett—Second Mondays of April, August and De-
cember.
fifteenth circuit.
cuit.eentl1 CU The Circuit Courts of Shelby County, and the Crim-
minal Courts of Shelby County, shall commence their
terms on the third Mondays of January, May and Sep-
tember.
The Criminal Courts for the counties of Davidson
and Rutherford shall be held, for Davidson, first Mon-
Circuit and ^yg 0f Januaiy? May and September; Rutherford, first
rimma s. Mondays of March, August and November. The Crim-
inal Court for the County of Wilson shall be held on the
fourth Mondays of February, June" and October, by the
Courts1 llmna Judge of the Seventh Judicial Circuit.
Sec. 2. Be it further enacted, That all recognizances
or bonds for the appearance of defendants or witnesses in
. any of the courts of this State, shall be held and become
ces binding, binding at the first term of the court after the passage of
this act; and,
Beit further enacted, That all summons or other process
Summons re- now issued, or that may be issued prior to the effect of
turnable. this act, be returnable and receivable at the first term of
such court after this act goes into effect.
Sec. 3. Be it further enacted, That the public welfare
requires that this act shall take effect from and after the
first day of September, 1870, and all laws and parts of
laws in conflict with this act are hereby repealed.
Passed June 25th, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 30, 1870.
D. W. C. SENTER,
Governor.
81
CHAPTER XLVII.
AN ACT to fix the time for holding the Chancery Courts.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Chancery Courts of this
State shall be held at the county site of the respective
counties, at the times hereinafter mentioned.
first division.
Johnson—Fourth Mondays of March and September.
Carter—Third Mondays of March and September.
Washington—Fourth Mondays of May and Novem-
ber.
Sullivan—Third Mondays of May and November,
Hawkins—First Mondays of May and November. First Division
Greene—Second Mondays of May and November.
Hancock—Second Mondays of March and third Mon-
days of August.
Claiborne—Second Mondays of April and October.
Grainger—Third Mondays of April and October.
Jefferson—First Mondays after the fourth Mondays of
April and October.
Cocke—First Wednesdays after the fourth Mondays
of February and August.
Plamblen—Second Mondays of May and November.
second division.
Knox—Third Mondays of March and September.
Sevier—Second Mondays of April and October.
Campbell—Third Mondays of April and October.
Union—First Mondays of May and November.
Anderson—Second Mondays of May and November. Second Divi-
Christiana—Third Mondays of May and November. S10n*
Roane—Fourth Mondays of May and November.
Monroe—First Mondays of June and December.
Blount—Second Mondays of June and December.
Morgan—Third Mondays of June and December.
Fentress—First Thursdays after the third Mondays of
June and December.
Scott—Fourth Mondays of June and December.
6
82
THIRD DIVISION.
Chattanooga—Fourth Mondays of January and July.
Bradley—Fourth Mondays of February and August.
Polk—Third Mondays of June and December.
Rhea—Third Mondays of March and September.
Meigs—Thursday after third Mondays of March and
Third Divi- September.
slon" Sequatchie—Fourth Mondays of March and Septem-
ber.
Bledsoe—First Mondays of April and second Mon-
days of October.
Cumberland—Friday after first Mondays of April
and second Mondays of October.
Marion—Fourth Mondays of April and October.
McMinn—Fourth Mondays of May and November.
Hamilton—First Mondays of June and December.
FOURTH DIVISION.
Warren—First Mondays of May and fourth Mondays
of November.
Coffee—Second Mondays of February and August.
Fourth Divi- Cannon—Third Mondays of May and November.
s;on- Grundy—Wednesday after second Mondays of April
and October.
Bedford—First Mondays of March and September.
Franklin—Fourth Mondays of January and June.
Lincoln—Fourth Mondays of December and July.
Rutherford—First Mondays of January and June.
FIFTH DIVISION.
Van Buren—First Mondays of May and November.
White—Second Mondays of May and November.
Putnam—First Mondays of March and September.
Overton—First Mondays of January and July.
Fifth Divi- Jackson—Fourth Mondays of April and October.
Sl0n- Macon—First Thursday alter second Mondays of Feb-
ruary and August.
Smith—Third Mondays of February and August.
DeKalb—First Mondays of February and August.
Clay—Fourth Mondays of June and December.
SIXTH DIVISION.
Trousdale—First Mondays of February and August.
Sixth Divi- Montgomery—Fourth Mondays of February and first
sion. Mondays of July.
Robertson—Fourth Mondays of March and October.
83
Cheatham—Third Mondays of April and October.
Sumner—Fourth Mondays of April and September.
Stewart—Fourth Mondays of May and November.
Wilson—Second Mondys of June and December.
SEVENTH DIVISION.
Seventh Divi-
Davidson—First Mondays of April and October. sion.
EIGHTH DIVISION.
Williamson—First Mondays of April and October.
Maury—First Mondays of June and Fourth Mondays
of November.
Marshall—Second Mondays of May and November.
Giles—Third Mondays of February and September.
NINTH DIVISION.
Benton—First Mondays of January and July.
Humphreys—Second Mondays of January and July.
Hickman—Third Mondays of January and July.
Lewis—First Mondays of February and August.
Perry—Second Mondays of February and August.
Decatur—Third Mondays of February and August.
Henderson—Fourth Mondays of February and August.
Wayne—First Mondays of April and October.
Lawrence—Third Mondays of April and October.
Hardin—Third Mondays of March and September.
McNairy—First Mondays of March and September.
Dickson—Third Mondays of March and September.
TENTH DIVISION.
Hardeman—Second Mondays of January and July.
Madison—Third Mondays of April and October.
Haywood-—Second Mondays of February and August. rpentll
Tipton—First Mondays of April and October. si0n.
Lauderdale—Third Mondays of May and November.
Fayette—Second Mondays of March and September.
ELEVENTH DIVISION.
Dyer—Second Mondays of May and November.
Obion—Second Mondays of January and July.
Lake—Third Mondays of April and October.
Weakley—Fourth Mondays of March and September. Elevetnh Di-
Gibson—Fourth Mondays of January and July. vision.
Etheridge—Third Mondays of April and October.
Carroll—First Mondays of February and August.
Henry—Third Mondays of February and August.
Eighth Divi-
sion.
Ninth Divi-
sion.
84
twelfth division.
TwelfthDivi- Shelby—First Mondays of April and October.
Si0n- Sec. 2. Be it further enacted, That all process which
is now or may hereafter be made returnable to any other
time than that fixed by this Act, shall be transferred to
In relation to the time fixed by this Act, and shall have as full forcp
process. ail(j effect as though no change of time had been made;
and the public welfare requires that this Act shall take
effect from and after the 10th day* of August, 1870.
Passed June 30, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D W. C. SENTER,
Governor.
CHAPTER XLVIII.
AN ACT to re-establish an Act passed November 11, 1869, and to
repeal an Act passed January 27, 1870.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed by the Legis-
lature November 11, 1869, Chapter 15, re-establishing
Count Court County Courts, both quarterly and quorum, of Fay-
of ^Fayette11 e^e County, be, and the same is hereby re-enacted, and
County'. a bill passed January 27, 1870, Chapter 49, repealing all
Commissioners, is hereby repealed, so far as Fayette
County is concerned.
Sec. 2. Be it further enacted, That the public welfare
requiring it, this act shall take effect from and after its
passage.
Passed June 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor
85
CHAPTER XLIX.
AN ACT to change the county line between the Counties of Putnam
and Overton.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the
Counties of Putnam and Overton be so changed as to in- Land of S.
elude all the lands of Samuel Welch, on which he now Welch,
resides, within the County of Putnam.
Sec. 2. Be it further enacted, That this Act shall not
be so construed as to release said Samuel Welch from To pay taxes,
paying tax on his land that now lies in Overton county,
for three years, to said County of Overton, from the 1st
of January, 1870.
Passed June 27, 1870.
W. O'X. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Govern v.
CHAPTER L.
AN ACT to repeal all laws declaring Red River navigable from its
mouth to Port Royal, in the County of Montgomery.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That all laws or parts of laws de-
claring Red River navigable from its mouth to the town Red River,
of Port Royal, in the County of Montgomery, be and
the same are hereby repealed.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
86
CHAPTER LI.
AN ACT defining the duties of Druggists in regard to Spirituous and
Yinious Liquors.
Section 1. Be it enacted by the General Assembly, of
the State of Tennessee, That hereafter all regularly
Duties of licensed Druggists in this S^ate, without obtaining an ad-
Druggists. ditional license therefor, be and they are hereby author-
ized to furnish vinious liquor to any church officer, to be
used for sacramental or communion purposes, or to fill
the prescription of aDj regular practicing physician
prescribing spirituous or vinous liquors as a medicinal
remedy.
Sec. 2. Be it further enacted, by the authority afore-
said, That the sale or gift of any spirituous, vinous or
malt liquors, by any Druggist in this State, except as
provided in the firstjjsection of this act, shall be unlawful,
Penalty. and subject the person offending to all the penalties now
prescribed by law for selling liquors without license.
Passed June 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Bepresntatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
. Governor.
CHAPTER LII.
AN ACT to abolish the office of County Judge of Lattd«rdale County,
and for the restoration of the Quorum Court.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That so much of an Act, entitled
"An Act to create and regulate the office of County
Judge for the Counties of Perry, Decatur, Cheatham and
Lauderdale, and for other purposes," as creates the office
of County Judge for the County of Lauderdale, passed
87
January 31, 1868, be and the same is hereby repealed,
and the office of County Judge for the County of Lauder- County Judge
dale is hereby abolished. abolished.
Sec. 2. Be it further enacted, That so much of said
Act as abolishes the Quorum Court in the County of
Lauderdale, be and the same is hereby repealed, and the
Quorum Court of said county, with all the rights and
jurisdiction pertaining thereto, as they existed before the Quor'm Court
passage of the Act referred to in the first section of this re-established
Act, is hereby re-established, any provision in the said
Act to the contrary notwithstanding.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
the same.
Passed June 24, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LIY.
AN ACT to amend An Act to regulate the appointment of State
Directors in Railroad Companies.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act entitled "An act to
regulate the appointment of State Directors in Railroad
Companies," passed February 4, 1870, be so amended as
to require the Governor to appoint an equal number of
State Directors to the Company Directors in all Railroad state Direct-
Companies to which State aid has been granted, that are ors of R. R.
under lease and run by any other than the original Com-
pany to which the State aid was granted, whether the
interest due the State from said Company be paid or
not.
Sec. 2. Be it further enacted, That the said State Di-
rectors shall be appointed in the same manner and for Term ef_
the same length of time as provided in said act of Feb- fiCp.
88
ruary 4, 1870; and that this Act take effect from and
after its passage, the public welfare requiring it.
Passed June 30, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 1, 1870.
D. \V C. SENTER,
Governor.
CHAPTER LIY.
AN ACT for the benefit of the Blind School.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That whenever the University
of Nashvilie shall pay to the Trustees of the Tennessee
Blind School the sum of fifteen hundred dollars, which
was the amount paid by said Trustees to the University
of Nashville for a certain tract of land, situated in South
Nashville, at the junction of Filmore and Asylum streets,
Tenn. Blind then the Trustees of the Tennessee Blind School, having
School. received the aforesaid fifteen hundred dollars, shall be
authorized to relinquish to the University of Nashville
all claims they or the State of Tennessee may have upon
said land.
Sec. 2. Be it further enacted, That if the Congress of
the United States shall, at any time, appropriate money
to pay for the destruction of the property belonging to
the Tennessee Blind School, the Trustees of said School
shall be authorized to use the money so appropriated, and
also that received from the University of Nashville, in
Appropria- the purchase of a site, or in the erection of a building or
tion by Con- Uuildin^s for the benefit of said School, and for no other
purpose. And whereas, the State of Tennessee owns
thirty-five acres of land near the city of Nashville, being
the same heretofore used by the State Agricultural Bu-
reau, and known as the Fair Grounds; and whereas, the
State heretofore, by an Act passed the 11th day of Jan-
uary, 1858, re-leased four acres of said land, and directed
the same to be sold to pay the debts of said Bureau con-
tracted in erecting improvements on said land; and where-
as, the said four acres were never sold, and the indebted-
ness of the Bureau still remains unpaid; and whereas, it is
the interest of the State that all of said land be sold, the
89
debts paid, and the balance of the proceeds used for some
other purpose; therefore,
Sec. 3. Be it further enacted, That the Secretary of
State, Comptroller and Treasurer, any two of whom may
act, be appointed Commissioners, and empowered, author-
ized and directed, for and on behalf of the State, without
any unnecessary delay, to expose to public sale, to the
highest bidder, said thirty-five acres of land, more or
less, after advertisement thereof for twenty days, in two
or more newspapers published in the city of Nashville,
and the same be sold upon the following terms: One-
third cash, and the balance on a credit of six, twelve, Terms,
eighteen and twenty-four months, with interest from
date, taking notes of the purchaser or purchasers, with
approved personal security, in the name of the State, and
retaining a lien upon the land, u]3on which said Commis-
sioners shall execute to the purchaser or purchasers a
title bond or title bonds, in the name of the State; and
upon the full payment of the purchase money, the Gov-
ernor is authorized and empowered to make deeds, in the
name of the State, to the purchaser or purchasers, and
acknowledge the same for registration; and in making said
sale, the said Commissioners, if necessary, may subdivide
the land as may seem most advisable, and sell by such sub-
division.
Sec. 4. Be it further enacted, That the Comptroller, Duty of the
who shall receive the proceeds of the sale herein pro- Comptroller,
vided for, shall pay the same over to the Treasurer,
charging him therewith, and he shall issue his warrants
in favor of the creditors for the amounts due each respec-
tively, of the old debts of the State Agricultural Bureau,
which shall be paid by the Treasurer; the evidence of
indebtedness of said Bureau shall be a certified copy of any
judgment or decree against the same, filed with the Comp-
trbller; and if any person not having procured a judgment
or decree, shall file a claim, the same shall be examined,
together with the proofs, by the Comptroller and Attorney-
General for the State, and if found correct by said officers,
the Comptroller shall issue his warrant as aforesaid.
Sec. 5. Be it further enacted, That after all the neces-
sary costs and expenses of making the sale aforesaid and Trustees to
all the debts owing by said Bureau shall have been paid, procure site,
the Comptroller shall issue his warrant upon the Treas-
urer for the balance of the proceeds of such sale that
may then, or thereafter, be collected, to the Trustees of
the Tennessee School for the Blind, to be used by them
90
in procuring a site for a school, or erecting improvements
thereon, or both, as the case may be.
Sec. 6. Be it further enacted, That the Commission-
"To sell (run- ers af°resaid be also authorized and directed to sell, in
factory. ° like manner, the lot or parcel of ground lying in the city
of Nashville, known as the old gun factory ground, and
at the junction of Castleman and Filmore streets, sold by
Grooms, Cavert & Co., to the State of Tennessee, by
deed dated on or about the 16th day of July, 1861, and
the proceeds, when collected, after paying necessary
expenses of sale, shall, in like manner, be paid to the
Trustees of the Tennessee School for the Blind, to be
used as aforesaid.
Sec. 7. Be it further enacted, That the Trustees of said
Title to vest school be authorized, acting in conjunction with the Gov-
in Siate. ernor, Secretary of State and Comptroller, or any two of
them, to procure, by purchase, a suitable site for a new
school building; and when the purchase is made, the
title to the same shall be made to the State of Tennessee,
without any reservation or conditions of forfeiture.
Other moneys ®EC* ^e to farther enacted, That should any sum of
money be collected from the United States Government
for the improvements used and destroyed by the United
States army, belonging to the property, or either parcel
hereinbefore named, such sum shall be in like manner
paid over to said Truetees for the purposes aforesaid.
Sec. 9. Be it further enacted, That in addition to the
property herein appropriated, the sum of ten thousand
State appro- dollars a year, for two years, be appropriated out of the
priation. State Treasury for the benefit of the Tennessee School
for the Blind, and that the Comptroller of the Treasury
issue his warrant in favor of the Trustees of said Blind
School for $10,000 for the year 1870, and $10,000 for
the year 1871, to be used by said Trustees as they may
think best for the interest of said School.
.New name Sec. 10. Be it further enacted, That this School, here-
tofore known as the Tennessee Blind School, shall here-
after be styled the "Tennessee School for the Blind;"
and that this act take effect from and after its passage,
the public welfare requiring it.
Passed June 19, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER, Governor.
91
CHAPTER LY.
AN ACT for the Relief of James Holloway, Guardian of John K.
Ham, a lunatic.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Superintendent of the
Hospital for the Insane, be and is hereby directed to can- Relief of J.
eel the account of that Institution in behalf of the State K. Ham.
against James Holloway, Guardian of John K. Ham, a
lunatic, for the maintenance and medical treatment of the
said Ham, to the date he was entered as a patient charge-
able to the county of Davidson.
Sec. 2. Be it further enacted, That the Superintendent
is hereby directed to present the account of the Hospital
for the Insane for the maintenance and medical treatment a°c™m y
of the said Ham, for the time specified in section first to
the county of Davidson for collection, and that this Act
take effect forty days from and after its passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LYI.
AN ACT to limit the time •within which certain Suits or Actions may
he brought for the recovery or possession of Land or Real Estate.
Whereas, During the late civil war, many of the
public records in various counties in this State were mis-
laid, lost, mutilated, defaced and destroyed, thereby ren- Titie to ]ancj
dering insecure titles to land and real estate held under
Judicial sales made by the Courts of Record in this State
before said civil war; therefore, for the protection of said
purchasers, their heirs and assigns,
Section 1. Be it enacted by the General Assembly of
92
the State of Tennessee, That no suit or suits shall be here-
Sui's. after brought, in any f court whatever, in this State, for
the recovery or possession of any real estate, or land of
any kind, or any legal or equitable interest therein, where
the defendant, his heirs or assigns claims said land, or
real estate, or any interest thereunder, and by virtue of any
sale of said land, or real estate, or interest therein, which
sale may have been made under, and by virtue of any
judgment or decree of any County, Circuit, Chancery, or
Supreme Court, or other Court of Record, in this State,
before the 8th day of June, one thousand eight hundred
and sixty-one (A. D. 1861,) unless such, suit, or suits, ac-
tion or actions, shall be brought within seven years from
and after the first oi January, one thousand eight hun-
Limitation ^rec^ an(^ sixty-seven (1867); and the limitation herein
prescribed for suits and actions shall apply to all bills of
review, or writs of error, brought to review, or reverse
any decree, of any of the aforesaid courts, ordering the
sale of any land or real estate before the 8th day of June,
Proviso. 1861; Provided, That the provisions of this Act shall
apply only to such sales of the above specified courts as
were made or ordered for the purposes of partition, di-
vision, or reinvestment, and where the proceedings under
which such sale was made or orderred was by original
bill or petition.
Sec. 2. Be it further enacted, That all suits and ac-
tions not brought within the seven years aforesaid shall
be forever barred.
Passed June 30, 1870
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LVII.
AN ACT to authorize the transfer of Suits in Roane County.
Section 1. Be it enacted by the General Assembly of
93
the State of Tennessee, That all causes now pending in
the Chancery Court at Kingston, Roane County, where
the complainant and respondent reside in Morgan County, Transfer of
shall, upon application of either complainant or respon- Suits.
dent to the Chancellor holding the Chancery Court at
Kingston, be transferred to the Chancery Court of Mor-
gan County.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requir-
ing it.
Passed June 21, 1870.
W. O'N. PERKINS,
Speaker of the House of Representative,
D. B. THOMAS,
Speaker of the Senate,
Approved July 5, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LVIII.
i
AN ACT to confer upon Railroad Companies organized under the
general law of the State, the right to adopt such gauge as they
may desire, and to repeal Section 1423 of the Code of Tennessee,
which restricts this power.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That any and all Railroad Com-
panies, organized under the general laws of this State in-
corporating Railroad Companies, are hereby authorized Railroad
to adopt such gauge for their road as they may elect or guage.
desire.
Sec. 2. Be it further enacted, That all laws in conflict
with the provisions of this Act, and particularly Section Section re-
1423 of the Code, is hereby repealed; Provided, That pealed,
the provisions of this Act shall not apply to roads which
have received, or which may hereafter receive, State aid.
Passed June 28, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
ApProved July 5, 1870.
D. W. C. SENTER,
Governor.
94
CHAPTER LIX.
AN ACT to establish the Law Court of Nashville.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a Court, to be styled " The
Law Court ^aw Court of Nashville/' be, and the same is hereby
created and established, to be held in the city of Nash-
ville, and to have concurrent jurisdiction with the Cir-
cuit Court of Davidson County.
Sec. 2. Be it further enacted, That the parties may at
their election bring suits of a common law character,
either in this Court or the Circuit Court of Davidson
Appeals. County, and persons taking an appeal from the judgment
of any Justice of the Peace of said county, may appeal
to either of said Courts as he may elect, and it shall be
Duty of Jus- the duty of the Justices to forward the papers to the
tices. Court to which the appeal is prayed, and to require 'an
appeal bond to be executed as is now required by law.
Sec. 3. Be it further enacted, That it shall be compe-
tent for the parties to a suit, in either of said Courts, by
Transferase consent, to have it transferred and tried in the other, and
of suit. upon the written consent of the Attorneys of record, of
the parties being filed with the Clerk of the Court where
the suit is pending, it shall be the duty of the Clerk of the
Court, to which the transfer is to be made, all the original
papers, process and depositions in the case, together
with a certified copy of the agreement transferring the
Power of cause, and the Court to which such transfer is made, shall
Court. have all the powers over the case that it would have had,
had the suit been brought in that Court originally.
Sec. 4. Be it further enacted, That said Law Court of
Stated Term. Nashville shall hold a stated term, commencing on the
first Mondays in each and every month. All process
shall be tested as heretofore, and where the original pro-
cess is executed more than twenty days before the first
day of the term to which it is returnable, the plaintiff
shall file his declaration within the three first days; the
defendant shall appear and demur or plead within the
first two days after the time allowed lor filing the decla-
ration, and the plaintiff and defendant shall, within the
first two days after each . subsequent step taken by
the other in making up an issue, demur or plead thereto,
95
on penalty of having the suit dismissed or judgment
taken by default, according as the failure is by the plain-
tiff or defendant. As soon as the issue is made up, it
shall be the duty of the Clerk to transfer the cause to
the trial docket, and it shall stand for trial, and judg-Appearance
ment may be rendered at the same term. If not exe- ancl Tlial
cuted more than twenty days before the return day, then Term-
said first term shall be the appearance term, and the next
succeeding term the'trial term for said cause.
Sec. 5. Be it further enacted, That appeals, appeals in Appeals and
the nature of a writ of error, and writs of error, may Writs of Er-
lie from the final judgment of the Court established by ror-
this Act in the same manner, and upon the same terms,
as they now lie from the Circuit Courts of this State;
but if the appeals, or appeals in error, is not prayed and
granted within thirty-days after the rendition of j udg-
ment, the right of such appeal shall be barred, and the
Clerk shall forthwith issue an execution, or take such
other steps as may be necessary to execute the judgment
of the Court.
Sec. 6. Be it further enacted, That writs of executi°n wi its of Exe
and other final process shall issue at the end of each cuti0n.
term, and be made returnable in thirty days from the
date of their issuance, and the Clerk is authorized to
issue alias writs of fieri facias, and writs of venditioni ex-
ponas, returnable in like manner in thirty days, when-
ever the same may be necessary; and whenever the
Sheriff or other officer, bound to execute said writs, shall of
fail to return the same at the proper time, the Clerk
shall note the fact on the execution docket, and said
officer and his official sureties shall be liable to all mo-
tions and other proceedings for failing to return said
writs, for making false or insufficient returns, or for fail-
ing to pay over the money collected thereon, that he is
subject to for similar defaults in the Circuit Courts of
this State.
Sec. 7. Be it further enacted, That there shall be
elected by the qualified voters of Davidson County at the Election of
ensuing judicial election, one Judge for said Law Court juc]cre.
of Nashville, who shall hold his office for the same
term, shall receive the stone salary and have the same
powers as the Circuit JvWges of this State, and may in-
terchange with any of t V.-Qircuit Judges and Chancel-
lors in the State. <
Sec. 8. Be it further \tpd, That the Clerk of the
Circuit Court of Davids /Aounty shall also be Clerk cjerk of tlie
of the Court created 1 j this Act, but he shall keep ^ourt*
96
separate books, give separate bonds, and, in all respects,
keep the business of the Courts separate.
Sec. 9. Be it further enacted, That the Judge of said
Trial by Jury Court shall, when requested by either party to a suit,
or otherwise. issue a venire for twelve jurors to try said cause. If no
such request is made, the Judge of said Court shall try
the cause pending in said Court, but all causes shall be
tried by the Judge of said Court, unless either party to
the suit shall insist upon a jury trial.
Sec. 10. Be it further enacted, That the County Court
Cou'tytopro- of said county shall provide suitable rooms with necessary
vide rooms, conveniences, and appurtenances for holding the Court
established by this Act, and for the use of its Clerk; and
it shall be the duty of the Sheriff of said county, or of
such person as the Judge may appoint, to attend its ses-
sions and preserve order.
Sec. 11. Be it further enacted, That this Act shall
take effect from and after its passage, the public welfare
requiring it.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
JONATHAN MORRIS,
Speaker pro tern of the Senate. *
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LX.
AN ACT to amend an Act entitled an Act to establish the Law Court
of Nashville.
Section 1. Be it enacted by the General Assembly of
Law Court ^ie State of Tennessee, That an«A_et entitled "An Act to
Act amended- establish the Law Court of Nasfaville," passed June 29,
1870, be so amended as to pro^ele that the terms of said
Court shall be held quarterly/fenciLe second Mondays of
January, April, July and 0(fese':r of each year.
Pleadings. Sec. 2. Be it further enam^ d« That the pleadings in
97
said Court shall be the same in all respects as in the Cir-
cuit Courts of this State.
Sec. 3. Be it further enacted, That the public welfare
requiring it, this Act shall take effect from and after its
passage.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXI.
AN ACT to repeal an Act to encourage immigration to Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an "Act to encourage immigra-
tion to Tennessee/' passed December the 4th, 1867, be
and the same is hereby repealed; and, as the public wel- i.m'1"=ratl10/
fare requires it, this Act shall take effect from and after c iepea ec'
its passage.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
7
98
CHAPTER LXII.
AN ACT to change the lines between the Counties of Jackson and
Overton.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county lines between the
counties of Jackson and Overton be so changed as to in-
elude the whole of the tract of land on which George
Kinnaird now lives, within the said County of Jackson.
Sec. 2. Be it further enacted, That this Act shall not
be so construed as to release said George Kinnaird from
paying tax on his land that now lies in Overton County
for three years to said county of Overton, from the 1st
of January, 1870.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXIII.
AN ACT to prevent crime and trespasses in Cemeteries.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Board of Directors or
Managers of any Cemetery Company, chartered by this
State, or created by the United States, shall have the
power to appoint and employ, at their own expense, a
special officer or officers to preserve order and prevent
trespasses to the grounds of said cemeteries.
Sec. 2 Be it further enacted, That the officer so ap-
99
pointed shall have as full and ample powers to preserve
order, keep the peace and make arrests for violations of
law as other peace officers of this State, within the limits
of said cemetery grounds.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of .Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29,1870.
D. W. C. SENTER,
Governor.
CHAPTER LXIV.
AN ACT to Re-organize and Regulate Common Schools.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Common School Fund of gCh0ol Fund,
the State of Tennessee, which shall be inviolably appro-
priatedTo the support and encouragement of Common
Schools throughout the State, and for the equal benefit of
all the people thereof, shall consist of the fund set apart
for that purpose, by the Constitution of the State, includ-
ing the taxes derived from polls; and, in addition thereto,
1. Of property given by will, deed or otherwise, for
the use of Common Schools, to be paid by the person
having charge of it; if given for the use of a County, to
the County Trustee; if, for the use of the State, to the
State Treasurer, upon the warrant of the Comptroller;
and if, for the use of a School District, to the Treasurer
of the District Board of Commissioners, or Board of
Education;
2. Of the proceeds of the sales or rents of escheated
land or lands bought in for taxes;
3. Of the personal effects of intestates having no
kindred entitled, by the laws of distribution, thereto.
Sec. 2. Be it further enacted, That this Common School
Fund shall constitute an indebtedness and liability on
the part of the State of Tennessee, for the purpose afore-
said, and a correct account and statement thereof shall be
100
Comptroller kept by the Comptroller, and, as the same may be real-
to keep ac- izt>d, shall be apportioned by him as hereinafter directed,
counts- and shall be paid out by the Treasurer as the moneys in
his hands, not otherwise appropriated, may justify, upon
the warrant of the Comptroller.
Sec. 3. Be it further enacted, That all such amounts
as may be in the Treasury of the State belonging to the
Apportioning School Fund thereof, on the first day of December of
fund. every year, shall be apportioned by the Comptroller
among the several counties.
Sec. 4. Be it further enacted, That the apportionment
shall be made among the several counties according to
Mode of ap- the ratio of their children; between the ages of six and
portionment. eighteen years, as compared with the children, within
those ages, of the whole State, according to the last pre-
ceding annual reports of the School Commissioners.
Sec. 5. Be it further enacted, That if the returns upon
which the apportionment should be made, are so defec-
Defective re- ^ive as to render it impracticable for the Comptroller to
turns. ascertain the exact amount due the County, he shall
make an approximate apportionment from the best evi-
dence in his power.
Sec. 6. Be it further enacted, That the Comptroller
Comptroller §4ve immediate notice of such apportionment of
to give notice moneys to the County Trustee and County Court Clerk
of each county in the State, stating the amount oi money
apportioned to his county, and shall, moreover, give
public notice, in some newspaper, printed at the seat of
government, of the exact amount apportioned to each
county.
Sec. 7. Be it further enacted, That the Comptroller
To issue war- will issue his warrant on the Treasury, in favor of the
rant. Trustee of each county, for the amount apportioned to
such county, and transmit the warrant to the Trustee of
the counties respectively.
Sec. 8. Be it further enacted, That the Comptroller
shall prepare and submit to the General Assembly, at
each regular session, a report containing—
„ A , 1. A statement of the amount due to the Common School
Fund of the State;
2. The expenditures of the fund for the preceding two
years;
3. Such other matters relating to his office, and to the
fund, as he deems expedient to communicate, and such as
shall be required by either Branch of the General As-
sembly. It shall also be his duty :
1. To collect from the Clerk of the County Court the
101
amount forfeited by him for his neglect and refusal to Duty of
report the number of the scholastic population in his Comptroller,
county;
2. To cause to be printed and distributed to the seve-
ral counties, from time to time, as many copies of the
laws, relating to Common Schools, as he deems neces-
sary.
Sec. 9. Be it further enacted, That the County Court County Conrt
of each county may annually levy, and cause to be col- to levy taxes,
lected in the same way as county taxes are levied and
collected upon all property, polls and privileges liable to
taxation, a sum of money not to exceed the entire State
tax, for the support and maintenance of a system of
Common Schools in their respective counties, to be ap-
portioned among the School Districts of the County, and
to be paid, for that purpose, into the County Treasury.
Sec. 10. Be it further enacted, That the Collector in
each county shall collect said tax in the same manner as ^ggCtl0r! °f
he collects State and county taxes, and pay the same to
the County Trustee, on the first day of each month, as
collected, and shall account for, and pay over all thereof,
at the same time, and in the same manner, that State
and county taxes are accounted for.
Sec. 11. Be it further enacted, That before the Collec-
tor enters upon said collection, he shall give bond, with To give "bond
approved sureties, in such penalty as may be fixed by the
County Court, payable to the State of Tennessee, condi-
tioned to use due diligence in collecting, and faithfully
to pay to the Trustee of the County all school moneys by
him collected; according to law.
Sec. 12. Be it further enacted, That this bond shall be
deposited and recorded in the office of the Clerk of the „
County Court, who shall immediately forward to the (jQU^t cierk'
Trustee a copy thereof, duly certified, and, for a breach
of its conditions, the same remedy shall be had, as for a
like default in collecting and paying over county taxes.
Sec. 13. Be it further enacted, That the Collector shall Collector's
be allowed one per cent, for collecting and paying over fees-
said money, on settlement.
Sec. 14. Be it further enacted, That the Justices or
Civil Districts shall continue to be School Districts ; but
the County Courts, two-thirds of the Justices being pres-
ent, and a majority of said two-thirds concurring, may
appoint three Commissioners to lay off the County into County Court
School Districts. Before acting, the Commissioners mayappint
shall take an oath, before a Justice of the Peace, honest- Com'rs-
ly, faithfully and without favor or partiality, and to the
102
best of their ability or judgment, to lay off the county
into School Districts.
Sec. 15. Beit further enacted, That the Districts shall
be so laid off as to be of convenient size for the keeping
of at least one school in each, and so as to admit of a
C'icts^ school-house as uear as possible to the centre* of the
population. The Commissioners shall number and de-
scribe the Districts, and make out a plan of them, show-
ing their boundaries, and file it with the Clerk of the
County Court, to be kept and preserved in his office, and
registered in a book to be kept Jby him for the purpose.
Sec. 16. Be it further enacted, That the lines of any
District may be altered and changed, and new Districts
Change of may be made and laid off by the District Commission-
Districts. ers, when, on application to them, the same may appear
right and proper; and, in such case, said Commissioners
shall make out a plan of the District or Districts, altered
or created, and deliver it to the Clerk of the County
Court, to be kept and registered in his book.
Sec. 17. Be it further enacted, That two or more Dis-
tricts may unite their funds and employ a superior teach-
Superior er> whom each District may pay so much of its fund
teacher. as each child sent to the school would be entitled to, if
sent to its own District School. -
Sec. 18. Be it further enacted, That moneys appor-
tioned to a District for any year, not drawn and applied
s not support of Schools in the District for said year,
dra wr^ B shall be added to the moneys next apportioned to said
District, and be paid over therewith.
Sec. 19. Be it further enacted, That the places already
fixed for holding elections of District Commissioners,
shall remain as heretofore.
Sec. 20. Be it further enacted, That there shall be
three Commissioners for each School District, who shall
District Com- severally hold their offices for three years, and until their
lmssioners. successors are elected and qualified.
Sec. 21. Be it f urther enacted, That any person shall
be eligible to the office of Commissioner, who resides in
the District and is qualified to vote, and thej shall be
elected by the inhabitants of the District who are quali-
fied to vote for members of the General Assembly.
Sec. 22. Be it further enacted, That the Commission-
C n.ssiiication ers f°r the several School Districts, elected under the
of Com mi s provisions of this Act, or the Acts in force before the pas-
s'oners. sage hereof^ shall, on or before the first day of July,
1871, divide themselves into three classes, by Tot or
otherwise. The first class shall serve until the first elec-
103
tion for School Commissioners thereafter; the second
class, for one year after said election, and the third class
#>r. two years thereafter.
Sec. 23. Be it further enacted, That the election for
one Commissioner in each District shall be held every
year, commencing with the first Thursday in August,
1871, by a person appointed by the Sheriff; and, when Tiuie of dec
appointed he shall give notice, in writing, at two of the 1 u'
most public places in the District, ten days previous to
the day on which the election is to be held; and, before
opening said election, said person shall-take an oath, be-
fore a Justice of the Peace, to hold said election faithful-
ly and impartially and report the result of the same.
Sec. 24. Be it further enacted, That the person receiv-
ing the highest number of votes shall be declared elected, Certificate off
and the person holding the election shall certify the re- election,
suit to the Clerk of the County Court, and the same shall
be entered of record by him.
Sec. 25. Be it further enacted, That if, from any cause, Failure t<#
an election for Commissioner of any District is not held elect-
at the prescribed time, the Sheriff shall, within thirty
days alter said time, appoint a suitable person to hold an
election for Commissioner for such District.
Sec. 26. Be it further enacted, That the person so ap-
pointed, first giving legal notice of the time and place of
election, shall hold the same under the rules prescribed
for the regular elections ; and shall report the result to
the Clerk of the County Court in the same way.
Sec. 27. Be it further enacted, That when a vacancy
occurs among the School Commissioners in any District, Vacancy,
the remaining Commissioner or Commissioners shall fill
the same by appointment, of which they shall notify the
Clerk of the County Court within ten days.
Sec. 28. Be it further enacted, That before any School
Commissioner shall enter upon the discharge of the du-
ties of the offiee, he shall take an oath, in writing, before Comas'oath,
the Clerk of the County Court, or some acting Justice of
the Peace, to faithfully and impartially discharge the du-
ties devolving upon him according to law, and to the best
of his skill and ability.
Sec. 29. Be it further enacted, That the Common
School Commissioners for the various School Districts in
the several counties of the State, shall constitute a Board ^tion°f ^
of Education for their respective counties, and shall have.ca ion'
the control and regulation of the Common Schools there-
in, and shall determine the plan thereof, and prescribe
the rules for their government. In the capacity of a
104
Board of Education, it shall be the duty of said Com-
missioners:
of 1. To meet on the last Thursdays of March, June,
September and December, of every year, and as much
oftener as may be determined by them.
2. To admit, if requested, as members of said County
Board of Education, the members of the Boards of Edu-
cation, Trustees or Managers of such cities and incorpora-
ted towns, as may establish systems of Public Schools for
such cities or towns.
Sec. 30. Be it further enacted, That one or more of
the Commissioners from a majority of the School Dis-
tricfcs of the County, assembled at the time and place de-
signaled, shall constitute a quorum for the transaction of
business at the meeting of the County Board of Educa-
tion.
Sec. 31. Be it further enacted, That the following du-
ties shall also be performed and shall devolve upon the
Commissioners of the School Districts:
C( n mis io ma^e a yearty enumeration of the children in
ers' duties. *he District, over the age of six and under the age of
eighteen years, on the last day of June, every year, and
forthwith report the same to the Clerk of the County
Court.
2. To draw written orders on the County Trustee, in
favor of a teacher or other person, who has performed
actual services in carrying on the system of education, or
putting it in operation.
3. To have the custody and keeping of the District
School-house or houses.
4. To contract with and employ teachers, male and fe-
male, in the District, and draw orders on the County
Trustee for their compensation.
5. To visit the Schools in their District, at least, once
in three months, and oftener, if they deem it necessary.
6. At such visitation to examine into the state and
condition of the School, in respect both to the progress
of the scholars in learning and the good order of the
School.
7. To give advice and direction to the teacher in re-
garcl to the government of the School, and the course of
studies to be pursued therein.
8. To dismiss any teacher for incompetency, improper
conduct, or inattention to his duties.
9. To dismiss from School, upon complaint of a teach-
Duty
Hoard.
Out rum.
105
er, after due examination, any scholar for refractory or
disorderly conduct.
10. To choose a District Clerk.
11. To make and transmit, between the 1st of July, statement to
and the 1st of October, in each year, to the Clerk of the County Court
County Court, and County Board of Education, reports Clerk.
in writing, bearing date the 1st of July in the year of its
transmission, and stating:
I. The length of time a School or Schools have been
kept in their District during the year ending on the day
previous to the date of the report.
II. The number *of children taught in the District
during the said year.
III. The number of children residing in the District
on the last day of June previous to the date of the re-
port, over the age of six and under eighteen ; the names
of the parents or persons with whom each child resides,
and the number residing with each person.
IV. The amount of public money received in said
District.
V. The manner in which money has been expended,
and whether any and what part remains unexpended, and
for what cause.
VI. What money is received for supporting the School
in the District from the County Treasurer, and what by
voluntary contribution.
VII. What part of said money is paid for instruction,
what for furniture, and what, for fuel or other incidental
expenses.
VIII. The whole amount of moneys received by them
during the year ending at the date of their report, since
the date of their last report, distinguishing the amounts
received from the public fund, and from other and what
sources.
IX. And such other information as may, from time to
time, be required by the County Board of Education. ^ ^
12. To keep a just and true account of all School count,
moneys received and expended by them, and annually re-
port the same to the Clerk of the County Court.
13. To pay over to their successors in office, or some
of them, any balance of School Funds, which may re-
main on hand, on their going out of office.
14. To alter and change the lines of any School
District, or make or lay off new School Districts, when,
on application, the same may appear to them right and
proper.
106
15. To make out a plan of the School Districts so
altered or created, to be registered by the Clerk of the
County Court, in his book, kept for that purpose.
Sec. 32. Be it further enacted, That the Commissioners
neglecting to make the reports required by this Act,
within the time limited, shall severally forfeit, to their
District, for the use of the Common Schools therein, the
Penalty for sum of ten dollars each; or should said Commissioners
neglect. fa^ to make reports by the 20th of October, after
being called together by the Clerk, on notice for the pur-
pose, they shall forfeit severally for the use of schools in
their District, ten dollars each.
Sec. 33. Be it further enacted, That every Commission-
er of a School District, who shall sign a false report, with
intent to cause to be apportioned to his District, a larger
Penalty for sum ^an proportion of the school money, shall forfeit
false report, the sum of twenty-five dollars, to be recovered by the
County Trustee, and paid into the County Treasury to
the credit of the Common School Fund. And upon con-
viction of said offense upon indictment, may be fined and
imprisoned at the discretion of the Court.
Sec. 34. Be it further enacted, That should the share
I ~s of sck°0^ money apportioned to a District be lost to the
money"003 ° £ame« by the neglect of the Commissioners, they shall
forfeit to the District the full amount of money so lost,
with interest thereon, for the payment of which, they
shall be jointly and severally liable.
Sec. 35. Be it further enacted, That the Commission-
ers of Common Schools in each District may have the pow-
C< nr'WG1S ers an^ Privileges °f a corporation—if conferred upon
Ji " them by the proper Court—so far as to enable them to
take and hold any property transferred to them, for the use
of the Common Schools in such District, and to sue for and
receive any funds due the same from former Commission-
ers or others; and any suit they may prosecute shall be
in the name and style of the Common School Commis-
sioners for District, in County, in the
State of Tennessee.
Sec. 36. Be it further enacted, That in any suit
Suits agains District Commissioners or any Commissioner, if
there is a judgment for damages and costs against them,
the same shall be paid out of the money due the District
where the suit was commenced, if the Court or Justice
who tried the case certify that the Commissioners de-
fended the suit in good faith on behalf of the District. If
the Commissioner is defeated in a suit commenced on
behalf of the District, by the advice of the District At-
107
torney, the costs shall be paid out of the money belong-
ing to the District.
Sec. 37. Be it futher enacted, That no District Com-
missioner or District Treasurer shall apply the school Penalty for
fund received by him or them, to any other purpose or misapplica-
use, but to the support of schools in their District. The tl0r1-
punishment of this offense shall be fine and imprison-
ment, at the discretion of the Court.
Sec. 38. Be it further enacted, That no Commission- ,
er shall be a teacher in the Common School of his Dis-
trict, nor take any contract for building a school-house in
his District, nor any contract which his Board is compe-
tent to make.
Sec. 39. Be it further enacted, That the Commis-
sioners of each School District may, at their discretion,
use the School Fund apportioned to their District, in such tionof fund,
manner as will best promote the interests of Common
Schools in their respective Districts, and when the fund
may be insufficient to support schools for the entire scho-
lastic population of their District, the Commissioners
may appropriate the same to such portion thereof, be-
tween certain ages, as they may determine.
Sec. 40. Be it further enacted, That the schools for
white children, and for colored children, shall be kept scj10(^gPaiate
separate and apart from each other, a^d the School Com-
missioners for each District shall strictly observe this re-
quirement.
Sec. 41. Be it further enacted, That any Commis-
sioner neglecting or refusing to perform the duties re- Penalty for
quired by this Act, shall forfeit to the District not less neglect,
than twenty-five dollars, to be recovered by suit before a
Justice of the Peace, to be added.to the School Fund for
the District and accounted for by the Commissioners.
Sec. 42. Be, it further enacted, That the Clerk District Cl'k.
of the District shall be chosen by the District Commis-
sioners out of their own body, and they shall make him
a reasonable compensatian for books and paper furnished
by him. His duties shall be the following:
1. To record the proceedings of his District in a book putieg
to be provided for that purpose, and to enter therein
copies of all reports made by the Commissioners of his
District to the Clerk of the County Court;
2. To keep and preserve all records, books and papers
belonging to his office, and deliver the same to his sue-
cessor in office;
3. To transmit to the Clerk of the County Court all
108
such reports as may be made by the Commissioners to
said Clerk;
4. To call the Commissioners together upon receiving
notice from the Clerk of the County Court, that they
have not made their annual report, for the purpose of
making the same ;
5. To do and execute all such duties as belong to his
office, and may be required of him by the Commission-
ers.
Sec. 43. Be it further enacted, That any Constable of
Constable's ^be county shall serve any notice given him by the Clerk
duties and of the County Court upon the District Clerk, requiring
fees. him to assemble the District Commissioners, to make
their annual report to the Clerk. His fee for said ser-
vice shall be the same as for serving a warrant, to be
paid by the delinquent Commissioners.
Sec. 44. Be it further enacted, That the Commission-
District ers may elee^ one °f their own body as Treasurer of the
Treasurer. District. Before entering upon the discharge of his
duties, the District Treasurer shall give his bond with
surety approved by the Chairman of the Board of Dis-
trict Commissioners, in the sum of not less than five hun-
dred dollars, payable to the State of Tennessee, condi-
tioned for the safe keeping and disbursement of all
moneys, which may come into his hands as Treasurer of
said Board.
Sec. 45. Be it further enacted, That the school-houses
Sclioolhouses shall be located at such points as will most conveniently
accommodate the scholastic population of the District.
Sec. 46. Be it further enacted, That when the popula-
tion of any School District is scattered, a portion lying;
Separate remote from the place, where the District School is
school house, grated, such portion of the population by themselves,
or in connection with the citizens of any other District
or Districts, may obtain a ratable share of the School
Fund of the District, for the support of a separate school- .
house, by furnishing to the Commissioners a list of
twelve or more scholars, within the ages prescribed by
law, to attend such separate school. The ratable propor-
tion of the fund thus obtained, shall be appropriated to
the separate school, under the direction of the Commis-
sioners.
Sec. 47. Be it further enacted, That school-houses
shall be kept in repair and good order, and be furnished
Furniture. with chairs, tables and fuel, by the School Commissioners
of the District.
Sec. 48. Be it further enacted, That Common School-
houses, raid the property attached or appurtenant, thereto,
are under the custody or control of the School Commis-
sioners of the District in which they are situated.
Sec. 49. Be it further enacted, That any person who
illegally takes t r retains possession of a Common School- .
house, or unlawfully does any injury thereto, or to any gc^on^o^s*0
property or appurtenance thereof, is guilty of a misde-
mean or.
Sec. 50. Be it further enacted, That the Common
School Commissioners shall not employ any person to
teach school, unless he or she first produce a certificate Teacliei.
that he or she is competent to teach what may be re-
quired by the Commissioners.
Sec. 51. Be it further enaated, That the County Board
of Education shall prescribe the mode and manner, in Examination
which applicants to teach shall be examined, and the ex- of Teachers,
tent of the qualifications required.
Sec. 52. Be it further enacted, That all children, be-
tween the ages of six and eighteen years, shall have the gChool privi-
privilege of attending the Public Schools of the District leges,
in which they may reside for the time being.
Sec. 53. Be it further enacted, That children, who do
not reside in a District, may attend the Public School in Children out-
the same by paying the price of their tuition to the side District.
Treasurer of the District.
Sec. 54. Be it further enacted, That such child may
be listed or enumerated in the adjoining District most
convenient, by the parent or guardian giving the Com-
missioners of his District notice, and making satisfactory
proof, by oath or otherwise, that said child has not been convenient
listed or enumerated for that year in any other County Districts,
or District, and will not be listed or enumerated, a second
time, for that scholastic year, in any other County or
District, with the knowledge or consent of the parent or
guardian ; in which case such child may attend the school
of the District in which he is so listed.
Sec. 55. Be it further enacted, That scholars, guilty of
refractory, improper or disorderly conduct, may be dis- ImPr°Pe!-'
missed by the Commissioners upon complaint from the con uc *
teacher.
Sec. 56. Be it further enacted, That when the Clerk
of the County Court receives notice of an apportion-
ment of the moneys to be distributed in the county, he
shall file the same in his office, and register it in a book our er '
to be kept for the purpose.
Sec. 57. Be it further enacted, That he shall make and
transmit to the Comptroller, between the first of October
110
To transmit ami the first of November, every year, a report in writ-
report. ing containing the number of the scholastic population of
the whole county, according to the reports of the District
Commissioners.
Sec. 58. Be it further enacted, That every Clerk, who
Penalty for shall refuse or neglect to make the report prescribed in
neglect. the preceding section, shall forfeit, for every such refusal
or neglect, one hundred dollars to the use of the School
Fund of the State.
Sec. 59. Be it further enacted, That immediately after
the first day of October, in case the Distriet Commission-
i"se«-leet of ers have neglected to make their annual report to the
Commission- Clerk, he shall, by himself or a Constable of the county,
ers. give notice of the neglect to the District Clerk, who
shall assemble the Commissioners' for the purpose of
making their report.
Sec, 60. Be it further enacted, That he shall keep and
Plan of Dis- Preserve in his office the plan of the School Districts,
tricts. furnished to him by the Commissioners, and register the
same, and any alteration of the old, or erection of new
districts that may be made by the District Commission-
ers, in a book to be kept for that purpose.
Sec. 61. Be it further enatced, That the County Court
shall allow their Clerk, for his services in regard to the
Compensatin Qommon Schools, a reasonable compensation, to be paid
° er ' out of the County Treasury.
Sec. 62. Be it further, enacted, That the County Judge
or Chairman of the County Court, shall make, with the
Revenue Collector of his County, on the last day of each
collectv?1^ mon^b a settlement as to the collections made by him
co ec ions. durjng the previous month, of school moneys levied by
the County Court, and this settlement shall be recorded
in the office of the Clerk of the County Court.
Sec. 63. Be it further enacted, That it shall be the
^TeSOfCO duty of the County Judge or Chairman of the County
u'ge' Court:
1. To apportion among the School Districts of the
County the amount received from the State for school
purposes, and the amount levied by the County Court
for that purpose, as the same may, from time to time, be
realized. This apportionment to be made in the ratio of
the scholastic population of each district to the scholastic
population of the county.
2. To make an approximate apportionment, from the
best evidence in his power, should the report be so de-^
fective as to render it impracticable to ascertain the ex-
act amount due the Districts.
Ill
3. To give immediate notice of such apportionment to
the County Trustee, and cause the same to be recorded
in the office of the Clerk of the County Court.
Sec. 64. Be it further enacted, That before receiv-
ing any money due to his county for the use of Common Tnistef, (l)
Schools, the County Trustee shall enter into a bond be- give }K,r:ii.
fore the County Court, with two or more sureties, to be
adjudged good and sufficient by the Court, in double the
amount apportioned to the county in the preceding year,
payable to the State of Tennessee, conditioned for the
faithful paying over, according to law, of all moneys
which may come into his hands, on account of Common
Schools.
Sec. 65. Be it further enacted, That on such bond be-
ing executed, the Clei k shall give the Trustee a certifi-
cate of the fact, which shall authorize him to receive
any money due to his county for the - use of common
Schools. He shall hold said money when paid to him,
for the payment of teachers and others for actual ser-
vices performed in carrying on the system of education. „
r . Compensa-
Sec. 66. Be it further enacted, That the Trustee may tion.
retain one per cent, on the amount received and paid over
by him, as compensation for his services.
Sec. 67. Be it further enacted, That on the failure of-Failure to pay
the Trustee to pay over said money, according to law, money-
the Commissioners may recover judgment for the same
against him and his sureties, on motion in the Circuit
Court of the County, on a certified copy of his bond from
the Clerk of the County Court.
Sec. 68. Be it further enacted, That when a School
District has lost any of its School moneys, by the neglect Loss of mo-
of the Commissioners, the County Trustee shall, without ney-
delay, enforce the forfeiture imposed for such neglect.
Sec. 69. Be it further enacted, That the County
Trustee shall make, with the Clerk of the County Court,
on the second Monday in April, every year, a settlement
showing his receipts and disbursements on account of the Trustee's set-
Common Schools; and said settlement shall be exhibited tlement-
to the County Court, at its next session, and be entered
of record in the said Clerk's office.
Sec. 70. Be it further enacted, That the proportion of
the School Fund in the County treasury, belonging to the
District included in any city or incorporated town with- City School,
in the county, which shall have or may establish a sys-
tern of Common Schools, shall be paid, by the County
132
Trustee, to such officer as may be made the custodian
thereof, by ordinance of said city or town.
Sec. 71. Be it further enacted, That the former State
Former Sup- Superintendent, and all other persons having the control
eriutendent. 0f any money, appropriated for Common School purposes,
unexpended, shall pay the same over to the Trustee of
the County, to which the same may be due.
Sec. 72. Beit further enacted, That the County Judge
or Chairman of the County Court, is empowered and
tie nenpf ^ directedre(luire former County Superintendents to make
emen s. ^ settlement of all matters of account, pertaining to their
official position as such Superintendent, and if, on settle-
ment, a balance shall be found due from said Superin-
tendent, the County Judge or Chairman shall cause suit
to be brought, for the use of the County, against said
Superintendent and his sureties, upon his official bond,
in the Circuit op Chancery Court in and for the County,
in the name of said Judge or Chairman.
Sec. 73. Be it further enacted, That if judgment shall
be had and obtained against said Superintendent and his
sureties, in said suit, and the same be not paid and satis-
Penalty. by the next term of the Court in and for said county,
his failure to satisfy said judgment shall be and is here-
by declared to be an act of embezzlement, and punishable
as other cases, as provided in Section 4,706 of the Code
of Tennessee.
Sec. 74. Be it further enacted, That all laws and
parts of laws inconsistent or in conflict with this Act,
•be, and the same are hereby repealed; and especially are
the following Acts and laws repealed, to-wit: Section
nine hundred and forty-six to Section one thousand and
forty-six, inclusive, of the Code of Tennessee; an Act
passed 5th day of March, 1867, entitled " An Act to
Repeal of provide for the Re-organization, Supervision and Main-
conflic'g Act. tenance of Free Common Schools;" an Act passed March
14, 1868, entitled " an Act to amend an Act entitled an
Act to provide for the Re-organization, Supervision and
Maintenance of Free Common Schools, passed March 5,
1867, and more effectually to secure the revenue for School
purposes;" an Act entitled an Act to repeal these two Acts
and for other purposes, passed 14th December, 18.69, and
an Act entitled an Act " Amendatory of an Act passed
December 14, 1869, entitled an Act to regulate Common
Schools/' passed 15th February, 1870.
Sec. 75. Be it further enacted, That the public welfare
113
requiring the same, this Act shall take effect from and
after its passage.
Passed Julv 7, 1870.
W. G'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXV.
AN ACT to provide for the Change of Venue in certain cases.
Section 1. Be it eriacted by the General Assembly of
the State of Tennessee, That where the venue has been
changed by the plaintiff in any civil case, instituted to
recover damages for a trespass upon the person or proper-
ty of the plaintiff or his testator or intestate, from the Change of
county where the suit was- originally instituted, the de- Venue,
fendant upon making affidavit that he verily believes
that no such prejudice or other cause exists as to prevent
the plaintiff from obtaining a fair and impartial trial of
the cause in the county in which it was originally institu- -
ted, and havir^g the truth of said statement verified and
supported by a like affidavit of three respectable and dis-
interested persons, citizens of said county where said suit
was begun, shall be entitled to have said suit transferred
back to the county from which it was taken.
Sec. 2. Be it further enacted, That when the Court
orders the cause to be sent back co the Court in which
the suit was instituted, it shall be the duty of the Clerk
of the Court ordering the transfer of said cause within
thirty days after the making of the order, to send all of oierk's duty,
the papers in said cause, together with a transcript of all
the proceedings had in the court of which he is a Clerk,
and a bill of the costs which have accrued in his Court,
to the Clerk of the Court to which said suit is transferred,
which costs shall be adjudged and taxed as other costs in
the cause.
8
114
Sec. 3. Be it further enacted, That this Act take
effect from and after its passage, the public welfare re-
quiring it.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXYI.
AN ACT to enforce Section 31, Article II of the Constitution.
Section 1. Be it enacted hy the General Assembly of
the State of Tennessee, That the credit of this State shall
not hereafter be loaned or given to or in aid of any per-
son, association, company, corporation or municipality,
Stale credit. 11 or shall the State of Tennessee become the owner, in
whole or in part, of any bank, or a stockholder with
others in any association, company, corporation or muni-
cipality.
Sec. 2. Be it further enacted, That the public welfare
demands that this Act shall take effect from and after its
passage.
Passed July 3, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
115
CHAPTER LXVII.
AN ACT to provide for the better government of Towns, Cities,
and the Suburbs thereof.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the police authority of all
the incorporated towns and cities, shall extend to a dis- Police au-
tance one mile from the lawful corporate limits thereof, thority ex-
for the suppression of all disorderly acts and practicesten(iecl-
forbidden by the general laws of the State; Provided that
such jurisdiction of an incorporated town or city shall
not be hereby extended beyond the limits of the county
in which any part of such town is situated, or so as to
come within one mile of any other incorporated town or
city.
Sec. 2. Be it further enacted, That the public welfare
demands that this Act take effect from and after its
passage.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the Mouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXYIII.
AN ACT to consolidate the Offices of Surveyor and Entry Taker.
Section 1. Be it enacted by the General Assembly of ■
the State of Tennessee, That from and after the passage of
this Act the offices of Entry Taker and Surveyor are Entry Taker
hereby consolidated. and Surveyor
Sec. 2. Be it further enacted, That hereafter the County
Surveyors in this State shall do and perform all the du-
ties that now appertain or belong to the office of Entry Eutjea am(
Taker, and receive all the pay and emoluments arising pay.
116
from the performance of said duties; said Surveyors being
responsible in like manner as Entry Takers now
are by law, for the performance of said duties of said
office.
Sec. 3. Be it further enacted, That all laws or parts of
(Conflicting laws in conflict with this Act, be and the same are here-
Acts. by repealed, and that this Act take effect from and after
its passage, the public welfare requiring it.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXIX.
AN ACT for the Relief of all solvent Railroads that have paid the
Interest fen their Bonds,
Section 1. Be it enacted by, the General Assembly of
the State of Tennessee, That all solvent Railroad Compa-
nies, chartered by the Legislature of this State, who
have up to this time, paid all the interest to the State,
iViYment to ^ue 011 bonds loaned them by the State, be, and the same
.sinking fund are hereby authorized to suspend the payment of the
suspended, sinking fund until the first of January, 1872, in conform-
ity with the provisions of an Act passed for the relief of
the Nashville and Decatur Railroad Company on the 22d
of February, 1870, Chapter 68.
Sec. 2. Be it further enacted, That the provisions of
the second section of said Act, shall be adopted as part of
this Act, and that this Act shall take effect from and
after its passage.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870
D. W. C. SENTER,
Governor.
117
CHAPTER LXX.
AN ACT to enforce Section 33, Article II, of tlie Constitution in re-
lation to the issuance of Bonds of the State to Railroad Compa-
nies, under laws passed previous to the adoption of the present
Constitution.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That no Bonds of the State of
Tennessee shall be issued +o any Railroad Company, in-
corporated in this State previous to the adoption of the
present Constitution, and which, under the provisions of
their charter and the general laws of the State extending
State, aid to railroads entitled to receive such bonds, if
said Railroad Company, at the time of its application Deihuii-rL'
for the same, shall be in default in paying the interest Railroads,
upon the State bonds previously loaned to it, or that
shall have heretofore or hereafter, and before such appli-
cation, sold or absolutely disposed of any State bonds
loaned and issued to it, for less than their par value.
Sec. 2. Be it further enacted, That it shall be a high
crime or misdemeanor for the Governor, Secretary of
State, Comptroller, or any other officer or agent of the
State of Tennessee, to violate the provisions of the first Misdemeanor
section of this Act, and upon conviction he or they shall to issue bond?-
be fined in a sum of not less than five thousand dollars,t0 samft
and shall be removed from office, and shall be forever
thereafter rendered incompetent from holding any office
of honor or profit in this State.
Sec. 3. Be it further enacted, That the public welfare
demands that this Act shall take effect from and after its
passage.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
118
CHAPTER LXXI.
AN ACT to authorize Notaries Public in this State to take acknowl-
edgements and proof to instruments required for registration.
Section 1. Be it enacted by the General Assembly of
the State of TennesseeThat the authority and power
given to County Court Clerks in this State, and their de-
Notaries to Pu^es> i*1 Section 2039 of the Code of Tennessee in tak-
take proof, ing acknowledgements to and proof of deeds, mortgages,,
etc. and other instruments required to be registered, be and
the same is hereby given to the Notaries Public of the
several counties in this State.
Sec. 2. Be it further enacted, That the Notaries Pub-
lie of the several counties of this State, duly and regu-
lary appointed, commissioned and qualified, under the
provisions of the Code, Chapter IV., Title 14, are here-
Mode of pro- ^ authorized and empowered to take acknowledgements
ceedure.1 °f all instruments required for registration, in the same
manner and under the same rules and regulations as gov-
era County Court Clerks by existing laws; and that said
Notary Public, taking such acknowledgement, shall cer-
tify the same under his official seal, and that to further
authenticate said instrument for registration,, the County
Court Clerk of the County wherein said Notary received
his appointment, shall certify on the instrument as to the
official character of said officer.
Sec. 3. Be it further enacted, That the Clerk of the
Clerk's fees. County Court shall be entitled to the same fees for said
certificate as he is now allowed by law for taking
acknowledgements, and that said Clerk shall collect and
account for the State tax on such instruments, as though
the acknowledgement had been made before him.
Sec. 4. Be it further enacted, That the registration
Registration laws of this State, as provided in Chapter III, Title 2,
Laws amend- paiq 2 0f the Code of Tennessee, be in all respects so
'f' amended as to conform with the requirements of this Act,
and that all laws coming in conflict with the same be,
and the same are hereby repealed.
Sec. 5. Be it further enacted, That the public welfare
requires that this Act shall take effect from and after its
passage.
Passed July 5, 1870. W. O'N. PERKINS,
Speaker of the Mouse of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870. D. C. W. SENTER,
Governor.
119
CHAPTER LXXII.
AN ACT to authorize tlie citizens of Dickson County to vote for or
against a change in the County site of said County.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That the citizens of Dickson County,
State of Tennessee, be, and they are hereby authorized,
on the second Tuesday in November, to vote at the dif- Countiai§u'1
ferent voting places in said county for a change of the u 1
county site from the town of Charlotte to the town of
Burns, Sneedville or White Bluff Stations, on the Nash--
ville and Northwestern Railroad.
Sec. 2. Be it further enacted, That the persons voting
for or against said change shall vote by ballot, said bal-
lots for the change shall have written or printed on their
face, " Removal." Those against said change shall be, Mode of Vol-
"No removal." And if a majority of the votes cast ing.
shall be in favor of removal, then the same shall be
changed, under such regulations as the County Court of
said county shall prescribe, and that the different Judges
of Election shall certify, with the returns of the other
elections held at the same time, as to whether the major-
ity of votes cast are in favor of removal or against, and the
Governor, on receipt of such certificate of said Judges,
shall officially inform the Chairman or Judge of the
County Court of said county of the same.
Sec. 3. Be it further enacted, That if neither one of
the aforesaid places designated should receive the required
constitutional number of votes to select the county seat
at the first election under this act, the place receiving
the smallest number of votes shall be dropped off, then
it shall be the duty of the Sheriff of said county to order Duties or
a new election, from time to time, until one of said places Sheriff,
shall receive the requisite number of votes to locate the
county site of said county, or reject the removal of the
same.
Sec. 4. Be it further enacted, That this Act take effect
forty days from and after its passage, the public welfare
requiring it.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
120
CHAPTER LXXIII.
AN ACT to repeal the 10th Section of an Act to amend the Revenue
Laws of this State, passed March 13, 1868.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 10 of an Act of the
General Assembly of the State of Tennessee, entitled
Revenue "An Act to amend the Revenue Laws of the State,"
Laws amend- passe(j March 13, 1868, be, and the same is hereby re-
1 * pealed, so far as it requires all Clerks of the various
Courts throughout the State, as well as all, Magistrates of
the several Civil Districts in every County, to deposit
with the Trustee of their, respective Counties on the first
Tuesday of every month, all county revenues collected
by them during the preceding month, together with a
written statement of the same, showing the source from
Proviso. whence-it was derived, etc; Provided, That nothing in
this.. Act shall be so construed as to relieve Clerks of Courts
and Civil Magistrates from making, quarterly, a sworn
statement of all county revenue received by them during
the preceding quarter, to the Judge or Chairman of the
County Court, on the first Mondays of January, April,
July and October of each and every year, as now provi-
ded by law.
Passed July 7, 1870.
W. O'N. PERKINS,
; Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved [July 8, 1870.
. D. W-..C. SENTER,
Governor,
CHAPTER LXXIV.
' AN- ACT to fix the State tax on property..
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the State tax on every hun-
dred dollars' worth of property shall be forty cents.
Sec. 2. Be it further enacted That so much of Section
2 of an Act passed February 25, 1870, entitled an Act to
121
sustain the credit of the State and to amend the Revenue
Laws of the State and for other purposes, as fixes the
State tax at twenty cents, be, and the same is hereby 1 n iep u'
repealed.
Sec. 3. Be it further enacted, That Section 4 of the
said Act of the 25th day of February, 1870, chapter 81,
directing the-Comptroller of the Treasury and the Treas-
urer of the State, the manner and order in which
they shall pay out the money in the Treasury, be
so amended that after paying the current expenses of the
Executive, Judicial and Legislative departments of the
State, and money borrowed to supply the pressing de- ^ , ,
J j.u rr j • x* X XI. Order ol pay-
mands on the treasury, and appropriations to the
Asylum for the Insane, the School for the Blind, and the
School for the Deaf and Dumb, and the amounts due to
Common Schools; that then the Comptroller of the Treas-
ury, and the Treasurer of the State, shall next pay the inter-
est on the bonds of the State, at this time owned by
religious, literary and charitable societies and institutions
in-this State; and after making the latter payment, they
shall pay out the balance of the money in the Treasury
in the order as set forth and expressed in said Act.
Sec. 4. Be it further enacted, That the tax on all privilege Tax
privileges be, and the same is hereby increased fifty per increased,
cent, upon the present basis; and that this Act shall take
effect from and after the 1st day of January, 1871.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of. the Mouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXV.
AN ACT to reduce the tax on Marriage Licenses.
Section 1. Be it enacted by the General Assembly of Marriage Li-
the State of Tennessee, That the tax on marriage licenses cense Tax re-
shall hereafter be one dollar for State purposes. duced.
122
Sec. 2. Be it further enacted, That the public welfare
requires and demands that this Act shall take effect from
and after its passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXVI.
AN ACT to amend an Act in relation to Hamden Sidney Acade-
my in the County of Knox.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 12 of an Act passed
September 13,1800, entitled an Act to establish Academ-
ies in the several counties of this State and the appoint-
Hatmlen Sid- ment of the Trustees thereof, be so amended as to include
ney Acade- the names of Wm. A. Henderson]and J. S. Vangilder, as
Trustees of Hamden Sidney Academy, situated in the
County of Knox.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public good requiring it.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
123
CHAPTER LXXVII.
AI1? ACT to Amend an Act passed May 27, 1870, entitled an
Act to Establish the County of Christiana.
Whereas, In accordance with the provisions of an Act Christiana
passed May 27, 1870, to establish the county of Christiana, County,
a popular election was held on the 18th day of June
1870; and
Whereas, At said election the popular vote, in each
fraction, has elected to establish the county aforesaid,
with great unanimity; therefore,
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That an election for county officers Oijjlet*ion ot
shall be held at all the voting places established by the Com- 0X1 s"
missioners appointed to organize and district the county
of Christiana, on the first Thursday in August, 1870; and it
shall be the duty of the Chairman of said Board of Com-
missioners to furnish to the Secretary of State a certified
return of the result of said election, as provided for in
similar elections in other counties in this Srate.
Sec. 2. Be it further enacted, That the Governor
shall commission all the officers elected in and for said Governor's
county, which are entitled to said commissions, as in oth- Commission,
er counties. It shall be the duty of the Tax Collectors
for the Counties of Roane, Monroe and Blount, to furnish
to the Tax Collector of Christiana County, a transcript
of their tax books of all the property and polls assessed
and stricken off to the County of Christiana; and it shall j)uty cf
be the duty of the County Court Clerk of said county, County Court
to copy and arrange the same in a book for the conven- Clerk,
ience of the said Tax Collector, as is now provided for
by law in other counties in this State.
Sec. 3. Be it further enacted, That the Tax Col-
lectors of the Counties of Roane, Monroe and Blount, are Collector
hereby estopped from collecting the taxes in the County es op
of Christiana for the year 1870; Provided, that they
may collect all arrearages for years preceding 1870; and
Provided, that the Tax Collector of Christiana shall be
held liable for the revenue placed in his hands, as other ollect rs
Tax Collectors in this State, and a certified copy of the
transcript of the tax book shall be a voucher in the
hands of the Tax Collectors of Roane, Monroe and Blount
on settlement with their respective counties; said certifi-
cate to be made by the Clerk of Christiana County.
Sec 4. Be it further enacted, That the election Election of
for judicial and civil officers, to be held on the first ggr^lcial 0ffi~
124
Thursday in August, 1870, shall be held under the di-
rection, and returns of the same made by the Commission-
ers heretofore appointed for the County of Christiana.
The line between the Counties of Christiana and Monroe
. are so changed as to include the quarter section of land
son inoindod uPon which the residence ot J. R. Robinson now is, in
' the County of Christiana and the Clerks ot the Chancery
and Circuit Courts for the Counties of Roane, Monroe
, f and Blount, upon the application of the Chancery and
nish trans-Ur" Circuit Court Clerks of the County of Christiana, shall
oript. furnish a full and complete transcript of the record, in
either of the Courts of the Counties of Roane, Monroe and
Blount, in which suit or suits the parties reside in the
County of Christiana.
Said transcript shall include all bills of cost up to the
In re ard to ^me ^rans^er > an(^ the Clerks of the respective Courts
transcripts, tor the County of Christiana, shall enter the same upon
the record of their respective Courts, and the same shall
proceed to final hearing, in the Courts of the County of
Christiana, the same as contemplated in the Courts in
which said suits originated; and the fee for issuing said
transcript shall be added to the bill of cost in each suit,
and it shall be the duty of the Clerk, preparing the Acts
and Journals of this session of the General Assembly for
the printer, to strike out the name Christiana, where it
may occur, in any and all acts in relation to said county,
and insert the name Loudon in its stead, and said county
shall hereafter be known as the County of Loudon, in-
stead of the County of Christiana.
Sec. 5. Be it further enacted, That all laws and parts
of laws in conflict with this Act, be, and the same are
hereby repealed ; and that this act take effect from and
after its passage, the public welfare requiring it.
Passed June 29,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
Lb W. C. SENTER,
Governor.
125
CHAPTER LXXVIII.
AN" ACT to Provide for the Appointment of Special Judges in Cer-
tain Cases.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, When, from any cause, the Judge of any
Court of Record in this State (except the Supreme Court)
fails to attend, or if in attendance, cannot properly pre- Special Judge
side in a cause or causes pending in such Court, the At-
torneys of the Court who are present, and are residents of
the State, shall elect one of its number then in attendance
to hold the Court for the occasion, who shall have all
the qualifications, of a Judge of such Court,, and who
shall accordingly preside and adjudicate.
1. The election shall be held by the Clerk, and in case Election,
of a tie he shall give the casting vote.
2. The person, elected shall, during the period that he powers 0f
acts, have all the powers, and be liable to all the respon- Special Judge
sibilities of a regular Judge.
3. He shall be paid for his services a sum bearing the
same proportion to the salary of the regular Judge, as the tion^o Judge
time he may serve shall bear to the whole number of Ju-
dicial days in said circuit or division.
4. The period of service must be certified to the Comp- _ . , f
troller of the Treasury, who shall ascertain the amount, ° sei
and draw his warrant on the Treasurer therefor, and the
same shall be deducted from the Judge's salary.
5. If the person first elected to act as Judge pro tern-
pore, fails or refuses to act, or cannot properly preside, an Failure to
other election shall be held in like manner, from time to serve,
time, until a suitable person is chosen who canand will
preside..
Sec. 2. Be it further enacted, That every special Judge
before entering on the duties of his appointment, shall Oath.,
take an oath before the Clerk of the Court, to support the
Constitution of the United States and of the State of Ten-
nessee, and also the following oath of office:
" I, A. B., solemnly swear, that I will administer justice
without respect to persons, and do equal rights to the
poor and the rich, and that I will faithfully and impar-
tially discharge all the duties incumbent upon me as a
Judge, according to the best of my abilities."
Sec. 3. Be it further enacted, That in the election of a counsel not
special Judge to try a particular case, the counsel con- to vote,
cerned in the case shall not vote.
Sec. 4. Be it further enacted, That when any Judge of
126
a Court of Record in the State (except the Supreme
Failure of Court) shall fail to attend, or, being in attendance, shall
regular Judge be unable to hold a term of his Court, a majority of the
members of the Bar of such Court may elect a special
Judge to hold said term, or any part thereof, in the man-
ner herein provided, if they think proper, and thereupon
such special Judge shall hold such term, or part thereof,
instead of the regular Judge, and shall take the oath,
possess the powers, be subject to the responsibilities, and
receive the compensation herein provided for special
Judges to try particular cases.
Sec. 5. Be it further enacted, That this Act shall, as
the public welfare requires it, take effect from and after
its passage.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved, July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXIX.
An Act Authorizing the Sale and Transfer of the Interest of the State
in Delinquent Railroad Companies.
Whereas, Under an Act of the General Assembly of
the State of Tennessee, passed December 7,1867, entitled
•" An Act to amend the Internal Improvement Laws of
this State, passed February 11, 1852," the Governor,
Secretary of State, and Comptroller, are empowered, in
their discretion, upon the failure of any of the railroad
companies mentioned in said Act, " for two consecutive
years, to pay the interest that may accrue upon the bonds
loaned to them severally," to sell the railroad track, rail-
ing, rolling stock, etc., upon such terms and conditions
as they may deem best to secure the interest of the State,
" and shall retain of the proceeds of said sale the amounts
loaned to said companies, and the interest due on the
same, with expenses of said sale," and,
Whereas, " The time has arrived when it is neces-
sary to protect the interests of the State, and to secure the
127
State from loss, in consequence of the issuance of bonds
to the several railroad companies of the State, that a
sale should be made of the interest of the State in each
and every railroad company in this State, which has here-
tofore failed to pay the interest that has accrued on the
bonds of the State loaned to it, or which may hereafter
fail to pay the interest as it accrues on the bonds of State
loaned to it; and,
Whereas, J.t is important to relieve the people of the
burden now upon them, and by wise legislation endeavor
to restore the public credit, which can be done by a pro-
per enforcement of the legal rights of the State of Ten-
nessee as against said railroad companies so in default;
therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Governor of the State, Commiss'rs.
Secretary of State, and Comptroller of the Treasury,
and Robert J. McKinney, of Knox County, Francis B.
Fogg, of Davidson County, and Archibald Wright, of
Shelby County, be, and the same are hereby appointed
Commissioners to sell the interest of the State of Tennes-
see in all the railroad companies of the State, " to whom State interest
the bonds of the State have been loaned, by the Act oft0 be sold-
Dec. 7, 1867, or former Acts, and which have failed, for
two consecutive years, to pay the interest that have ac-
crued upon bonds loaned to them severally;" and also in
all railroad companies that may hereafter fail to pay the paiiure t0
interest that may, or has, accrued on the bonds loaned to pay interest,
them severally, or that are now in default of payment of
the interest which has accrued upon the bonds loaned to
them severally, with full authority to make and perfect
said sales in all cases where the said companies can dispose
of the interest of the State of Tennessee in the defaulting
railroad, for a sum of money equal to the amouni of the
bonds of the State of Tennessee, with unpaid interest due
upon them, and which bid may be discharged and satis-
fied by an equal a'mount of the bonds of the State of Ten-
nessee, with accrued interest, legally issued by the State
of Tennessee, in aid of said railroad company, or for any QU;et p0sges,
other purpose, and with full power to place the purchaser 8i0n to be
or purchasers in the quiet possession of the railroad so given,
purchased.
Sec. 2. Be it further enacted, That if any Receiver,
who shall have control of any, or either, of the railroads
of the State, and which road may be sold by the Com-
missioners, under the first section of this Act, shall refuse
to give possession of said railroad track, railing, rolling
128
stock, etc., to the purchaser upon demand, the Governor
of the State shall issue his warrant to the Sheriffs of the
different counties through which the road may run, com-
manding them to put the purchaser or purchasers in pos-
session of the railroad, its property and effects, and the Re-
ceivers so refusing shall be guilty of a high crime, and,
upon conviction, shall be fined in a sum of not less than
one thousand dollars, and imprisoned at the discret ion
of the Court.
Sec. 3. Be it further enacted, That in the event said
Commissioners flannot sell said defaulting railroads, or
either of them, for the amounWand upon the terms as
prescribed in the first section of this Act, then the said
Commissioners are authorized, after giving such public
Sealed bids, notice as they may deem advisable or necessary, to re-
ceive sealed bids from any person, persons or corpora-
tion, for the purchase of either of the delinquent rail-
roads of the State, and, after giving thirty days notice of
the time and place, shall open the bids so made, and the
said Commissioners will report to this, or some subse-
quent General Assemby, the best bid offered, with such
recommendation as to them may seem best for the inter-
est of the State, for the approval or rejection of the Gen-
eral Assembly.
Four Com Sec. 4. Be it further enacted, That no less than four
mission'rs au- of the Commissioners named in this Act shall be compe-
thorizedtoact tent to perform-any duties required by this Act.
Sec. 5. Be it further enacted, That the Commissioners,
in making a sale of the interest of the State in any of the
railroads, shall give the preference to the purchaser or
Preference to purchasers, who will obligate himself, or themselves, to
be given. operate the road so purchased over its entire line, from
terminus to terminus; and that as the public welfare re-
quires it, this Act shall take effect from and after its pas-
ige.
Passed July 1870,
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. W. C. SENTER,
Governor.
129
CHAPTER LXXX.
AN ACT to secure a Homestead to each Head of a Family in this State,
and to give Etfeet to Section Two, Article Eleven, of the Con-
stitution, and to Repeal Chapter Eighty-five of the Acts of 1867-8,
and Sections 2,114 to 2,12-3 of the ode, in Regard to Home-
steads.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee,, That a Homestead in the possession-
of each head of a family, and the improvements thereon to Homesteads
the value of, in all, of one thousand dollars, shall be ex- to the value
empt from sale, under legal process, during the life ofof $b°°° ex-
such head of a family, and which shall inure to the bene-
fit of his widow, and shall be exempt from sale in any
way at the instance of any creditor or creditors, during
the minority of the children occupying the same, and un-
til the youngest child reaches the age of twenty-one years:.
Provided, That said real estate shall not be alienated
without the joint consent of the husband and wife, where
that relation exists, to be evidenced -by conveyance duly
executed as required by law for married women; and, Proviso.
provided further, that such real estate shall not be exempt
from sale for the payment of public taxes legally assessed
upon it, or from sale for the satisfaction of any debt or lia-
bility contracted for its purchase, or legally incurred
for improvements made thereon.
Sec. 2. Be it further enacted, That the provisions of
the first section of this Act, shall apply as well to equita- Equitable
ble as legal estates, and the homestead in equitable estates aucl legal es-
shall be set apart as the Court may prescribe in ordering tates.
the sale.
Sec. 3. Be it further enacted, That whenever the real
estate of such head of family, is levied on by execution
or attachment, his or her homestead shall be set apart in Executions
the following manner : The officer executing the writs, mentsttacIl~
shall summon three disinterested freeholders, not con-
nected with the parties, and administer to them an oath
to set apart said homestead out of the real estate so levied ^value^ro
on. Said freeholders shall examine the premises, and, ue prop"
upon oath, set apart said homestead, including the man-
sionand out-houses, and set out in writing the boundaries
thereof, and certify that such is the homestead set apart
by them, and deliver the same to the debtor, and the re-
mainder only of such lands so levied on or attached, shall
be subject to sale, which fact shall be returned on the ex-
ecution.
9
130
Sec. 4. Be it further enacted, That when the real
estate levied on is of greater value than one thousand
Undivided dollars, and is so situated that it cannot be divided so as
Real Estate to set apart the homestead, the freeholders shall certify
to be sold. the fact, and the officer may proceed to sell the whole
tract, and out of the proceeds he shall pay to the Clerk
of the Court rendering the judgment, or condemning the
land for sale, one thousand dollars, to be by him invested
under the order of the Court, in the purchase of a home-
stead for the family of said debtor, and only the surplus
over and above one thousand dollars, shall be applied to
the payment of said execution.
Sec. 5. Be it further enacted, That the officer shall cer-
tify upon the certificate of the freeholders, that the same
Certifcate for 1S ^eir act anc^ deed, and the debtor shall have the same
registration, registered in the Register's office of the county in which
the lands lies, and when so registered, it shall vest in the
headof the family, and his widow and minor children, as
herein provided—a good and valid title to the land ex-
empt from execution.
Sec. 6. Be it further enacted, That the homestead ex-
empt in the possession of a husband, shall, upon his death,
^tcTwid t0 widow during her natural life, with the pro-
° ducts thereof, for her own use and benefit, and that of her
family who reside with her, and, upon her death, it shall
go to the minor children of the deceased husband, free
Minor Child ^rom debts of the father, mother, or said children;
rgn and, upon the death of said minor child or children, or
their arrival of age, the same may be sold, and the pro-
Heirs at Law. ceeds distributed amongst all of the heirs at law of the
deceased head of a family, according to the laws of descent
and distribution in this State.
ec. 7. Be it further enacted, That upon the death of
In case of no said head of a family, without widow or minor children,
eirs so c o shall be sold for the payment of the debts as
may be legally established against his estate, and the re-
mainder distributed amongst his heirs, according to the
rules of descent in force at the time in this State.
Sec. 8. Be it further enacted, That if the head of a
family is married, and his wife obtain a divorce on ac-
count of his fault or misconduct, the title to the home-
stead shall be vested by the decree of the Court granting
the divorce, in the wife, and', after her death, it shall pass
to their children.
Sec. 9. Be it further enacted, That Chapter eighty-
Acts repealed five of the Acts of 1867-68, and Sections 2,114 to 2,123,
inclusive, of the Code under the title of the homestead,
pay debts.
In cases of
divorce.
131
are hereby repealed, and that the public welfare requires
that this Act take effect from and after its passage.
Passed June 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXXI.
AN ACT to abolish the Office of County Judge of Lauderdale
County, and for the Restoration of the Quorum Court.
Section 1 Be it enacted by the General Assembly of
the State of Tennessee, That so much of an Act entitled
(' an Act to create and regulate the office of County Judge
for the counties of Perry, Decatur, Cheatha m and Lau-
derdale, and for other purposes," as creates the office of
County Judge for the county of Lauderdale, passed Jan-
uary 31, 1868, be, and the same is hereby repealed, and Act RePeal'd
the office of County Judge for the county of Lauderdale,
is hereby abolished.
Sec. 2. Be it further enacted, That so much said Act
as abolishes the Quorum Court in the county of Lauder-
dale, be, and the same is hereby repealed, and the Quo-
rum Court of said county, with all the rights and juris-
diction pertaining thereto, as they existed before the pass- Act Re_es_
age of the Act referred to in the first section of this Act, tablished.
is hereby re-established, any provision in the said Act to
the contrary notwithstanding.
Sec. 3. Be it further enacted, That this Act shall take
effect from and after its passage, the public welfare requir-
ing the same.
Passed June 24, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
132
CHAPTER LXXXII.
AN ACT to Transfer the Circuit Court at Bartlett, in the County of
Shelby, from the Fourteenth to the Fifteenth Circuit, and to fix
the time for holding certain Courts.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Judge of the Probate
Court of Shelby County be, and is hereby made the
Probate Judge of the Circuit Court of Shelby, at Bartlett, and
Judge made sajc"[ Juclge is hereby vested with all the powers which are
Circuit Judge conferreq by iaw Up0n other Circuit Judges in this State
in holding said court at Bartlett.
Circuit Court Sec. 2. Be it further enacted, That the said Circuit
of Bartlett Court at Bartlett, is hereby attached to the Fifteenth Ju-
attached to . j q.
15th District. CULlcU
Sec. 3. Be it further enacted, That the Circuit Court
Time of hold- 0f the county of Shelby, at Bartlett, shall be held on the
mg Court, second Mondays of April, August and December of each
year.
Sec. 4. Be it further enacted, That there shall be an
Attorney Attorney General for the said Circuit Court of Shelby
^Hferi110 be bounty, at Bartlett, elected by the qualified voters of said
eeC county, on the first Thursday in August, 1870. The
qualifications and official term of said Attorney General
shall bo the same as now prescribed by law in reference
to-Attorney Generals in this State.
Sec. 5. Be it further enacted, That the Chancery Court
•Timn,of hold~ s Present established by law at Union City, in Obion
CourtianCUy County, shall be held by the Chancellor of the Eleventh
Division, on the fourth Mondays in May and November,
and the Chancery Court for Lake County shall also be
held in the county of Lake on the first Mondays of Jan-
uary and July, and in the county of Etheridge, when es-
tablished, on the third Mondays in April and October,
and the provisions of this section shall take effect from
and after the first day of September, 1870.
Sec. 6. Be it further enacted, That this Act take ef-
feet from and after its passage, the public welfare roquir-
ing it.
. Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
' Approved July 6, 1870.
D. W. C. SENTER,
Governor
133
CHAPTER LXXXIII.
AN ACT Directory to County Trustees in Regard to School Teachers.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 9 of an Act passed
Dec. 14, 1869, in regard to common schools, shall be so Q0Ullty Trus.
construed as to require the County Trustees to pay off all trees to pay
school teachers heretofore employed, upon the proper Teachers,
vouchers of services rendered, and balance due out of the
first school funds coming into his or their hands. The
public welfare requiring it, this Act shall take effect from
and after its passage.
Passed July 5, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7,18.70.
D. AY. C. SENTER,
Governor.
CHAPTER LXXXIV.
AN ACT to Change the! Line between the Counties of Campbell and
Scott, and between the Counties of Smith and Putnam.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the Bounderies
counties of Campbell and Scott be so changed as to in- Changed,
elude the lands and residence ofWm. A. Cross and Levi
L. Adkins, in the county of Scott.
Sec. 2. Be it further enacted, That the county line be-
tween Smith and Putnam Counties, be so changed or Bounderies
modified as to run with the " Road and Young's Fork of changed.
Indian Creek," instead of running altogether with
Young's Fork, including all the road in Putnam County,"
and that the road and Young's Fork be the boundary be-
tween said counties. 1
Sec. 3. Be at further enacted, That this Act take effect
134
from and after its passage, the public welfare requiring it.
Passed Julv 1, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXXY.
AN ACT to amend Section 4,853 of the Code, and for the better Pro-
tection of Educational and Literary Assemblages.
Section 1. Be it enacted hy the General Assembly of
the State of Tennessee, That Section 4,853, Article IV,
Amendment Chapter Code, be so amended that the pains and
to'ciode11611 Penalties said section for disturbing public worship,
shall apply to any person or persons who shall wilfully
disturb or disquiet an assemblage of persons met for edu-
cational or literary purposes.
Duty of Jus- Sec. 2. Be it further enacted, That it shall be the duty
tlces of the of the Justices of the Peace, in any civil district of the
Peace. State, upon proper application by any instructor, to detail
Sp >cialPolice a sPecial Police force to keep order and quiet at school ex-
hibitions.
Sec. 3. Be it further enacted, That the public welfare
requires this act to take effect from and after its passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
135
CHAPTER LXXXVI.
AN ACT to Establish the Probate Court of Shelby County.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That there is hereby established in
Shelby County, a Court of Record, to be called the Pro- Pr°t>ate CVrt
bate Court of Shelby County,,to consist of one Judge,
who shall be elected by the qualified voters of Shelby Qualifications
County, on the first Thursday in August, 1870. The and term of
qualifications and term of office of the said Judge, shall Office,
be the same as now prescribed by law in reference to Cir-
cuit Judges in this State.
Sec. 2. Be it further enacted, That the said Court
shall have original jurisdiction of all matters of probate,
the administration of estates and orphans' business, em- Jurisdiction,
bracing all of the subjects and powers enumerated in and
conferred by Sections 4,201, 4,203, 4,204, 4,205, and
4,208, of the Code of Tennessee, and concurrent jurisdic-
tion with the Chancery Courts of Shelby County over the
persons and estates of idiots, lunatics, and other persons
of unsound mind ; and of proceedings for the partition or
sale of estates by personal representatives, guardians,
heirs, tenants in common, joint owners or coparceners, for
the sale of lands at the instance of the creditors of the de-
scendents, if the personal property is insufficient to satisfy
the debts of the estate, and for the allotment of dower ;
and it is hereby vested with all the powers of a Chancery
Court touching these matters. The Judge of sard Pro-
bate Court is also hereby vested with all the powers con-
ferred by law upon Judges of the nferior Courts in this
State. From the judgment of said Probate Court, an ap- Appeals,
peal shall lie directly to the Supreme Court of this State,
and to no other Court.
Sec. 3. Be it further enacted, That the Clerk^of the
County Court of Shelby County, shall be the Clerk of the ei '
said Probate Court, and the terms of said Probate Court Time of hold-
shall be held on the first Monday of each and every month, ing Court,
and shall continue until the business of the term is fin-
ished ; but the Judge, or the Clerk, in his absence, may
adjourn the Court over to a subsequent day of the term,
or until the first day of the next term, and the said Court
may sit upon its own adjournments.
The Sheriff of Shelby County shall furnish a deputy to Duty of Sher-
attend the sittings of said Court. iff.
Sec 4. Be it further enacted, That the records of the
late C ounty Court of Shelby County, and of the present
136
Proviso.
Bonds trans- Quorum Court of said county, be, and the same are here-
ferred. by transferred to the said Probate Court, and all the un-
finished business therein shall be proceeded with as if the
Busine&"iSlied same orig'inated in said Probate Court, and all pro-
cess and publication returnable to either of said Courts
shall be as valid as if returnable to, or made in said Pro-
bate Court.
Sec. 5. Be it further enacted, That the salary of the
Salary of said Judge of said Probate Court shall be the same as that
Judge. of the Chancellors and Circuit Judges of Shelby county :
Provided, That the same shall be paid by the County
Court of Shelby, and it is hereby made the duty of said
County Court to make the necessary appropriation there-
fore,
Quorum Sec. 6. Be it further enacted, That this Act shall take
Court shall effect from and after its passage, the public welfare re-
continue. quiring it; but the Quorum Court of said county shall
continue to exercise the jurisdiction with which it is
vested by law, until the Judge of said Probate Court
shall be elected and qualified.
Passed June 24, J870.
W. <TN. PERKINS,
Speaker of the House of Representatives-.
D. B. THOMASr
Speaker of the Senate.
Approved July 7,1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXXVIK
AN ACT to Refund Taxes Improperly Assessed, and Collected and'
Paid into the State Treasury.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That whenever it shall be made to
appear to the satisfaction of the Comptroller, that any
person has paid to any Revenue Collector or other officers
authorized to receive public revenue, a tax larger than that
authorized by law to be assessed and collected of said per-
son and, whenever it shall be satisfactorily shown to
said Comptroller that such sum so in excess of legal
Duty of dues to the State, has been received into the State Trea-
Comptroller, sury, it shall be the duty of said Comptroller to issue his
warrant on the Treasurer in favor of such person, for such
137
amount as shall be satisfactorily shown to have been so
illegally aud improperly assessed and collected : Provided, Proviso.
That the County Courts of this State shall hear proof, in
such cases, in reference to the legality of such Collector's County Court
assessment; and the comptroller shall not pay the same to hear proof
unless said Court shall deeide the same to be illegally or
improperly assessed and collected, and the Comptroller
himself shall be satisfied, from the law and the evidence,
that the taxes so paid in was in fact illegally assessed and Proviso,
collected; Provided, This Act shall only affect taxes as-
sessed and collected since 1865.
Passed June 27, 1870.
W. CN. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
CHAPTER LXXXYIII.
AN ACT to Repeal an Act Changing the County Lines Between the
Counties of Roane, Anderson and Morgan.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed March 15,
1858, changing the lines between the Conn ties of Roane,
Anderson and Morgan, be, and the same is hereby re- Act repeaied.
pealed, and that the lines between the Counties of Roane,
Anderson and Morgan be reinstated, as they were before County Lines
the enactment of the aforesaid Act, which this Act is in- reinstatecl-
tended to repeal.
. Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
the same.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W C. SENTER,
Governor.
138
CHAPTER LXXXIX.
AN ACT to Establish the County of Crockett, in Honor of, and to
Perpetuate the Memory of David Crockett, one of Tennessee's Dis-
tiuguished Sons.
Section 1. Be it enacted by the General Assembly of
Haywood, t}ie State of Tennessee, That a new county be, and the
sorf^d'Dv- same is hereby established, to be composed of fractions
er Counties, taken from the counties of Haywood, Madison, Gibson
and Dyer, to be known, and designated, by the name of
Name of new Crockett County, in honor of, and to perpetuate the
oun memory of David Crockett, one of Tennessee's distin-
guished sons.
Sec. 2. Be it further enacted, That the County of
Crockett shall be bounded as follows, to wit: Beginning
Boundaries of a stake at the edge of low-water mark, in the middle
1C>i"idy Forked-deer River, at a point eleven miles from
Dyersburg, the county seat of Dyer county, above, and in
an easterly direction of said Dyersburg; running thence
in a southwest direction, so as not to approach said Dy-
ersburg nearer than eleven miles, in the south fork of the
Forked-deer River ; thence upon said river with its va-
rious courses, to a point in said river eleven miles from
Brownsville, the county seat of Haywood; thence, leav-
ing said river, running in a southeasterly direction on a
line, so as not to approach said county seat of Haywood
County nearer than eleven miles, till the same again
strikes the said south fork of Forked-deer River, at a
point eleven miles from Brownsville; thence up said
river, with its various courses, to a jxtint 160 poles above
mile mark No. 22, and at a point twenty-one and one-
half miles below Jackson—by river measurement; thence
north, 41 degrees east, crossing the road leading from
Jackson to Bell's Station, on the Memphis and Ohio
Railroad, at the 12 mile post from Jackson, and crossing
the Jackson and Dyersburg road 20 poles west of the 12
mile post, to a stake in the said middle fork of the Forked-
deer river; thence down the same, with its various cour-
ses thereof, to a point in said river eleven miles from
Trenton, the county seat or Gibson county; thence, leav-
ing said river, in a southwesterly direction in a line, so
as not to approach nearer than eleven miles to the said
county seat of Gibson County, till the same again strikes
the said middle fork of Forked-deer River; thence down
said river, with the various courses thereof, to the begin-
ning.
139
Sec. 3. Be it further enacted, That for the purpose of
organizing the County of Crockett, that A. B. Howlett,
James Emerson, David Whitacre, A. T. Fielder, G. W.
Bettes, John Lyon, J. C. Thorp, and T. F. Conly, shall
be, and they are hereby appointed Commissioners on the . .
part of the several fractions in which they reside, who er^^iTtlieii
shall, before entering on the discharge of their duties, duties,
take an oath before some Justice of the Peace, faithfully
and impartially to discharge all the duties incumbent on
them in this Act, and in all cases of vacancies that may
occur among said Commissioners, previous to the organi-
zation of the County Court of said County of Crockett,
the same shall be filled by the other Commissioners, and
all vacancies occuring after the organization of such Court,
the vacancies so occuring shall be filled by said Court of
the County of Crockett. The said Commissioners shall
enter into such bond and security as may be required by
the said County Court ,of Crockett, made payable to the
Chairman thereof, conditioned for the faithful perform-
ance of their duties, as required by this Act. A maj ori- Majority to
ty of said Commissioners shall constitute a board compe- constitute a
tent to do all things herein enjoined on them. TheyR°ar(i-
shall keep a regular record of all of their proceedings as
Commissioners, which shall be returned to the County
Court of Crockett, at its first session, and the same shall Record to be
be recorded by the Clerk thereof, on the records of said
Court, and they shall make such returns, after the organi-
zation of said Court, as shall be directed thereby.
Sec. 4. Be it further enacted, That it shall be the duty
of said Commissioners, first giving ten days notice, in one
public place or more, of the time and place to open and Election,
hold an election, in one place or more in each of the frac-
tions proposed to be stricken off from the Counties of
Hay wood, Madison, Gibson and Dyer, on the 16th day of
July next, in order to ascertain whether two-thirds of the
voters residing in each of the said fractions, are in favor
of, or opposed to the formation of the said new county of
Crockett, and all persons qualified to vote for members
of the General Assembly, residing in said fractions, shall be of
entitled to vote in said election, and each voter who is in fa-
vor of the formation of the new county, shall have on his tick-
et "new county;" and each voter opposed to the formation of
said County of Crockett, shall have on his ticket " old
county;" and if, after counting the votes cast in said
election, it shall appear that there are two-thirds of the Two-third
legal votes cast in each of said fractions in favor of the vote recluirecl
new county, then.and in that case., the county of Crockett
140
shall be, and is hereby declared a county, with all the
powers, privileges, and advantages, and subject to all the
liabilities and duties with other counties in the State.
Failure of Sec. 5. Be it further enacted, That if frorn any cause
or frauds in sai(i election should not be held in said fractions as re-
elections. quired in the foregoing sections, on the day set apart for
said election, or should there be any fraudulent influences
used in said election, it shall be lawful, at the option of
said Commissioners, to give notice again, and hold said
election another time, or oftener, at their option, as in-
tended on the first election day, and the said Commis-
sioners shall have full power to make all necessary inves-
tigations, and prevent any improper influences on any
succeeding election.
Sec. 6. Be it further enacteed, That for the due ad-
heMat Ca&e- ministration of justice, the different Courts to be holden
yille. for said County of Crockett, shall be held in the town of
Cageville, until the seat of justice shall be located, and all
Writs, etc. writs and other process, issuing from any of said Courts,
returnable to that place, shall be legal, and the Courts
for the County of Crockett shall be under the same rules,
regulations and restrictions; shall have, exercise and pos-
sess, the same powers and jurisdiction as prescribed by
law for holding Courts in other counties. Said county
shall be attached to the Thirteenth Judicial Circuit, and
the Circuit Courts shall be held by the Judge of said
circuit, on the second Mondays of April, August and Be-
cember, in each and every year, and shall be attached to the
Eleventh Chancery District; and the Chancery Court shall
be held on the fourth Mondays of May and November,
in each and every year.
Sec. 7. Be it further enacted, That all officers, civil or
Officers to military, now holding office in said county, shall contin-
continue. ue to hold their offices and exercise all the powers and
. functions thereof until others are elected and qualified
ioyiso. according to this Act; Provided, that nothing in this Act
contained, shall deprive the counties from which the frac-
tionshave been taken, from having, exercising and holding
jurisdiction over the County of Crockett, and the citizens
thereof, in as full and ample a manner as they now have,
until the election of county officers takes place, according
Proviso. to this Act; Provided, also, that nothing herein contained
shall prevent the above named counties from entering up
judgments, or the Sheriffs of said counties from selling,
under such judgments, any lands within the bounds of
said County of Crockett, for taxes,, cost and charges, un-
til the County of Crockett is organized.
141
Sec. 8. Be it further enacted, That said Commission-
ers shall have power, and it shall be their duty to appoint
five suitable and qualified individuals, to divide said Division of
county into not less than twelve civil districts, designating County into
the boundaries and places for holding elections in said Districts, etc.
districts, and perform all the duties relative thereto,
which, by the laws of the State, such Commissioners are
required to do. It shall be the further duty of said
Commissioners to appoint some suitable surveyor, to sur- Surveyor,
vey and plainly mark the boundary lines of said County
of Crockett, as described in this Act, and said surveyor
shall make a report to the first County Court of Crockett
County, which report shall be recorded by the Clerk of
said court, and such lines, so run and marked, shall be
the established lines of said county.
Sec. 9. Be it further enacted, That the Commissioners Election for
appointed by this Act, shall appoint such persons as they County Offi-
may think proper, to open and hold the elections forcers-
county officers, for the said county of Crockett, and such
persons, so appointed, shall have power to appoint Depu-
ties, Clerks and Judges, and by himself and deputies to
administer all the necessary oaths and do and perform all
other duties now made the duty of Commissioners of Regis-
tration, or Sheriffs or other officers holding similar elec-
tions, and it shall be the duty of such persons so appoint-
ed, together with his deputies, to open and hold an elec-
tion for county officers on the first Thursday in August, Dime of Elec-
1870, which election shall be held in each civil district in tion.
said county, and the officers so elected, shall hold their
offices until the next regular election for the different of-
ficers so elected, takes place in other counties in the
State.
Sec. 10. Be it further enacted, That the citizens of
Crockett County, in all elections for Governor, members When and
of the General Assembly, Representatives in Congress, where to vote
and Electors for President and Vice President, shall vote
with the counties from which they have been respectively
stricken off, until the next apportionment, agreeably to
the provisions of the fifth section of the tenth article of
the amended constitution.
Sec. 11. Be it further enacted, That it shall be the
duty of the above named Commissioners, so soon as con-
venient, after the full and complete organization of the
said County of Crockett, to select and establish a suitable County Site,
location for the seat of justice of the said county of
Crockett, having a due regard for health and and conve-
142
nience of a majority of the citizens of said county, and
the site so established shall be known and designated by
the same of " Alamo," to perpetuate the name of the
place where David Crockett fell, fighting for the liberties
of Texas; Provided, however, the said Commissioners
may, at their option, put in nomination three places,
neither of which shall be more than three miles from the
supposed or probable center of said County of Crockett,
which places shall be voted for by the legal voters of said
county, and the site nominated, receiving the largest
number of votes, shall be, and is hereby declared to be
the seat of justice of the said County of Crockett: Pro-
vided further, That if said Commissioners should think there
was fraud, or any other unfair means used in said elec-
tion, they may, at their option, set aside such elec-
tion, and submit the question a second time to the
qualified voters of said county, which election shall be
final.
Sec. 12. Beit further enacted, That it shall be the fur-
ther duty of said Commissioners to superintend the erec-
Public Build- tjon of such public buildings as the County Court of said
mgs* county may direct to be built; and shall let the same out,
and take bonds, with ample :ecurity, payable to them-
selves and their successors in office, conditioned for the
faithful performance of his or their contract; and the
proceeds of the sales of all donations of lands, town-lots,
or other gifts, that may be made in consideration of the
location of the seat of justice, for said County of Crockett
or otherwise, shall be a fund in their hands, to pay the
necessary expenses in organizing said county, and paying
for the erection of the public buildings ordered to be built
by the County Court; and should any surplus remain in
their hands, it shall be their dqty to pay over the same
Trustee. ^o the Trustee of said county, to be accounted for by him
as other funds in his hands.
Sec. 13. Be it further enacted, That the said Commis-
sioners of Crockett County be, and they are hereby au-
thorized to exercise all the powers conferred in this Act,
and such other powers as may be necessary and proper
Complete or-to a complete organization of said County of Crockett,
ganization. The fractions composing said County of Crockett, shall
_ be liable for their pro rata of the debts contracted and
and credits tS owing by the counties from which they are taken, and
shall also receive their proportion of any stocks or credits
belonging to said counties.
Sec. 14. Be it further enacted, That this Act take ef-
Name.
Proviso.
Proviso.
143
feet, the public welfare requiring it, from and after its
passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July %, 1870.
D. W. C. SENTER,
Governor
CHAPTER XC.
AN ACT to Amend an Act passed June 16, 1870, entitled " An Act
to establish the County of Clay."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed June 16, 1870,
entitled "An Act to establish the County, of Clay,' be
so amended that when both parties to a suit at law or Amendment,
equity, or the defendants to a suit at law, reside in the
County of Clay, upon application of either of the par-
ties to the court in which said suit is pending, it shall be
removed to the new County of Clay, and the Clerk of Clerk to
the court in the old county shall teansmit a transcript of transmit tran-
the record in such suits together with the original papers, ^rds °f rC"
to the Clerk of the appropriate court of the new county.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor,
144
CHAPTER XCI.
AN ACT to give force and effect to section 1,096 of the Code of Ten-
nessee.
Section 1. Be it enacted by the General Assembly of
Slate's At tor- the State of Tennessee, That the Attorney for the State in the
neys to pros- several Circuit and Criminal Districts of the State, is
Kailroadffam ^ere^y exPressly directed to prosecute by presentment or
ai 1 ' indictment, and if by indictment, by making his name
as prosecutor, any officer, agent, servant or director,
whether company or State, of any railroad company in
this State, or Receiver by appointment of the Governor,
and under the laws of the State, who have, in violation
of law, appropriated or disposed of any bonds issued to
him or them in behalf of any railroad company in this
State, or who has appropriated to his own use or to any
other use than that prescribed by law, the money arising
from the sale of the bonds so issued, or any portion of
them, or who in violation of law have sworn falsely for
the purpose of procuring the issuance of said bonds.
Grand Juries ^EC* ~^e ^ further enacted, That the Grand Juries
to send for shall send for witnesses whenever they or any of them
witnesses. suspect a violation of the laws against the illegal issuance
or procurement of bonds of the State in aid of railroad
companies, or the illegal appropriation or sale of said
bonds so issued, or any part of them, or the illegal ap-
propriation of the money arising from the sale of them,
or any part of them, subject to the rules and regulations
as now prescribed by law.
Sec. 3. Be it farther enacted, That the respective
Circuit and Circuit and Criminal Judges of this State are hereby re-
Criminal quired to give this Act in charge to the Grand Juries of
the several counties in their respective districts.
Sec. 4. Be, it farther enacted, That as the public good
requires it, that this act shall take effect from and afterits
passage.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 11, 1870.
D W. C. SENTER,
Governor.
145
CHAPTER XCII.
AN ACT to Provide for the Issuance of Duplicate Bonds of the
State where the same have been destroyed.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Comptroller of the Treas- to°imar\n-oof
ury is hereby authorized to hear proof in relation to the
loss or destruction of any bond or bonds of the State of
Tennessee heretofore issued, or that may be hereafter is-
sued, and at each session of the General Assembly of the
State of Tennessee report to the General Assembly his
action in relation to any and every case submitted to him,
with such recommendations as to him may seem right
and proper for the action of the General Assembly.
Sec. 2. Be it further enacted, That the applicant claim-
ing to have lost bonds of the State, shall present his case
to the Comptroller, by written petition, duly sworn to> in Applicants to
which he shall state particularly the number and denom- furnish de-
ination of the bond, the date of the bond, the person or scription.
corporation to whom issued, the person from whom it was
received, w7hen and how lost or destroyed, and the num-
ber of coupons at the time clipped from the bond, and
the number attached to it at the time lost, and shall in-
troduce to the Comptroller all the testimony bearing on
the question of the loss and destruction of the bond and
bonds, shall also file with the Comptroller of the Treasury a
bond, with good and approved sureties, in such sum as
the Comptroller may direct, conditioned that if the lot
bond or bonds, so claimed as destroyed, is found, and the
State pays the same, or settles it, that the applicant and
his sureties in the bond will fully indemnify the State from
loss.
Sec. 3. Be it further enacted, That on the report
of the Comptroller, the General Assembly may direct Duplicates,
duplicate bond or bonds to be issued, if in its wisdom,
such bond or bonds should be issued.
Sec. 4. Be it further enacted, That the provisions of
this Act shall apply to past due coupons clipped from
bonds of the State of Tennessee that have been destroyed
or lost.
Passed June 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate,
Approved July 11, 1870.
D. W. C. SENTER,
10 Governor.
146
CHAPTER XCIII.
AN ACT Appointing Commissioners under certain Circumstances to
Lease Delinquent Itailroads.
Section 1. Be it enacted by the General Assembly of the
Stfde of Tennessee, That the Governor of the State, the
Secretary of State, and the Comptroller of the Treasury,
Names of and Robert J. McKinney, of Knox County, Francis B.
Commission- Fogg, of Davidson County, and Archibald Wright, of the
<;ib' County of Shelby, be, and are hereby appointed Comrais-
sioners on behalf of the State, to take possession and con-
trol of all the delinquent railroads of the State, which
have failed to pay the interest which has accrued upon
the bonds of the State of Tennessee, issued to them sev-
erally, and which railroads the said Commissioners have
been unable to sell and dispose of, under the laws of the
State, as now or hereafter provided, and they are here-
by authorized to lease them for a term of years to any
person, persons, company or companies, that will bind
him, them or itself, in a good and sufficient bond, with
ample security or securities, conditioned that he, they or
it, will take possession of the road, with all of its property
and fixtures, and will, in good faith, operate said railroad
for the length of time agreed upon, and that he, they or
it, will keep said railroad and its rolling stock in proper
repair, for the purposes of preserving it from destruction;
that he, they, or it, will, semi-annually, pay into the
Treasury of the State, in money or past due coupons,
clipped from the bonds of the State of Tennessee legally
issued for any purpose, an amount equal to the sum due
< on the bonds of the State of Tennessee issued in aid of
said railroad company, with full power to put the lessee
or lessees in possession of said road, its property and fix-
tures..
Sec. 2. Be it further enacted, That in the event said
Commissioners cannot lease either or any of the delin-
quent railroads of the State, under and by virtue, and
upon the terms and conditions expressed in the first sec-
tion of this Act, then, and in that event, they may lease
Commission- said railroad to any person, persons, company or compa-
eis to lease nies, upon such terms and conditions as they may deem
termsb<3St ^est secure hiterest of the State, and place the les-
see or lessees in possession, subject, however, to approval
or rejection by the General Assembly of the State, to
whom the Commissioners may report their action.
Sec. 3. Be it further enacted, That if any Receiver
147
having control of either of the railroads of th^State, and
which road may be leased by the Commissioners under
the first or second sections of this Act, shall refuse to give Receivers to
possession of said railroad track, railing, rolling stock, be compelled
etc., to the lessee or lessees, upon demand, the Governor to give pos-
of the State shall issue his warrant to the Sheriffs of the sessiou-
different counties through which the road may run, com-
manding them to put the lessee or lessees in possession of
the railroad, its property and effects, and the Receiver so
refusing shall be guilty of a high crime, and, upon con- Penalty for
viction, shall be fined in a sum of not less than one thou- refusal
sand dollars, and imprisoned at the discretion of the
Court.
Sec. 4. Be it further .enacted, That a less number than Number
four of the aforesaid Commissioners shall not be compe- ComPeteilt-
tent to perform any of the duties required by the provi-
sions of this Act.
Sec. 5. Be it further enacted, That, as the public
welfare requires it, this Act shall take effect from and
after its passage.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
'Speaker of the Senate.
Approved July 9, 1870.
D. W, C. SENTER,
Governor.
CHAPTER XCIY.
AN ACT to require the Comptroller and Treasurer of tlie State to
Refund to the various Counties of the State their respective por-
tions of Tax assessed on lanH s which have come into the Treasu-
ry by redemption of lands sold for Taxes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Comptroller and Treas-
urer of the State be directed, and are hereby required to Refund to
refund to the respective counties to which the same be- Countl6S*
H 148
longs, ami .the same in the County Treasury, all such
amounts and sums of money assessed on lands and other
property as county taxes, which have been paid into their
hands, or either of them, either by the Tax Collectors or
Circuit Court Clerk of the various counties, or directly
by the owners of lands, redeeming the same on the re-
demption of lands sold for State and county taxes.
Passed June 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5,1870.
D. W. C. SENTER,
Governor.
CHAPTER XCV.
AN ACT Explanatory of am. Act passed February 24, 1870, enti-
tied an Act to amend an Act to make the Rules of Evidence uni-
form in the State and Federal Courts.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That none of the provisions of an
Act passed February 24,1870, entitled "An Act to amend
an Act to make the Rules of Evidence uniform in the
Not lobe con- and Federal Courts," shall not be construed as re-
Strai^liyas ^ pealing or modifying, or in any way affecting any of the
pea 1 " provisions contained in Article 2, Chapter 2, Title 3,
Part 3 of the Code, from Sections 3780 to 3785, inclusive.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requir-
ing it.
Passed July 2, 1870.
W. 0*N. PERKINS,
Speaker of the House of. Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER, Governor.
149
CHAPTER XCVI.
AN ACT to amend the Revenue Laws.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 556 of the Code,
which provides that " In all cases where license is, by law,
required for the exercise of any privilege, the building Act repealed,
in which such privilege shall be exercised, shall be liable
for the tax, or the penalty incurred by exercising the
privilege without license, and the same shall be a lien
thereon, superior to all claims whatever," is hereby re-
pealed.
Sec. 2. Be it further enacted, That in all cases where
a penalty is incurred for exercising a privilege without
license, the interest which the person thus exercising the Owners not
privilege without license has in the building, shall be liable,
liable for the penalty, superior to all other claims; but
that the interest of the owner of the building shall not
be liable, unless he is privy to the violation of law.
Sec. 3. Be it further enacted, That the distress war-
rant authorized by law to be issued in such cases, if pro-
ceeded with to sale, shall operate as a writ of possession war"
against the party exercising said privilege without license.
Sec. 4. Be it further enacted, That the public welfare
requires that this Act take effect from and after its pas-
sage.
Passed July 1, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
150
CHAPTER XCVII.
AN ACT to amend Section 9 of an Act passed February 25, 1868,
entitled an Act to create the office of County Judge for Lincoln
County, and for other purposes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That so much of Section 9 of an
Act passed February 25, 1868, entitled " An Act to ere-
ate the office of County Judge for Lincoln County, and
for other purposes," as relates to the salary of County
Judge for Lawrence County, be so amended as to allow a
Amendment. sajary Qf j->ut three hundred dollars per annum (instead
of five hundred dollars per annum as allowed by said
section,) and that the County or Quorum Court shall
have no power to vote any additional pay to the County
Judge for holding said court, and all laws coming in con-
flict with this Act are hereby repealed, and the public
welfare requires that this Act take effect from and after
its passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the" Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
CHAPTER, XCVIII.
AN ACT to Provide for the Appointment of Public Administrators
and Guardians by the County Court.
Section 1. Be it enacted by the General Assembly oj
Powths the State of Tennessee, That the various County Courts
granted to gliall have power, at their January or April quarterly ses-
Courts11 ^ siQI% appoint or elect a public administrator and a
151
public guardian, who shall hold their office for four years,
and who, before entering upon their duties, shall take the<
oath now by law prescribed for administrators and guar-
dians, and shall give bonds, with two or more good and
approved securities, in such amount as may be necessary
and amply sufficient, in the discretion cf the Court, to
protect the estates, funds and property, that may come
into their hands, which bond may, from time to time, by
the said County Court, at any of its sessions, be en-
larged.
Sec. 2. Be it further enacted, That said administra- Administra-
tors and guardians shall, in all things, be governed by, j^rs ff^ng t0
and be subject to, all the laws, rules, duties and penalties,
prescribed by law for the government of other adminis- by ]aw.
trators and guardians, and the management and settle-
ment of estates.
Sec. 3. Be it further enacted, That on the death, re- j)eath or re-
moval or resignation of an administrator or guardian moval.
herein provided for, the County Court may, at the first
succeeding quarterly session, fill the said vacancy for the
unexpired term. .
Sec. 4. Be it further enacted, That should any per- Failure or
son or persons entitled to the administration of an estate, neSlect-
or to the guardianship of any minor under existing laws,
fail or neglect to apply to the County Court having juris-
diction, and take out letters of administration and guard-
ianship, within six months after the death of the intestate,
or within three months after the settlement of the estates
by the administrator, it shall be the duty of the adminis-
trator or guardian herein provided for, immediately to
enter upon the administration or guardianship of said
estates, as the case may be, first applying to the County
Court for the necessary letters of administration or guar-
dianship.
Sec. 5. Be it further enacted, That said administrator
or guardian shall have all the powers, and shall receive ^°™peusa~
the same compensation that other administrators and
guardians now have and possess and receive for their ser-
vices.
Sec. 6. Be it further enacted, That the County Court
shall have power, at any of its sessions, on the death, re-
moval, or insolvency of any one or more of the securities
on the bond of said administrator or guardian, to require Renewal of
the said administrator or guardian to renew their said Bonds,
bond, or give other good and sufficient security for the
performance of their respective duties, and to take any
and all steps that may be necessary to secure the estates
152
committed to the charge of said administrator or guar-
dian.
Passed June 20, 1870,
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER XCIX.
AN ACT for the Protection and Preservation of Game and Fish in
Shelby County.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That no person shall hunt or kill
Date. any deer or squirrel in said county, from the first of Feb-
ruary to the first of September, or hunt, capture or kill
any song bird in said county, during that time, as the
Kind of game mocking bird, thrush, robin, and oriole, or any game
bird, as the wild turkey, partridge, quail, grouse, pheasant,
woodcock, snipe and lark, or any bird that feeds on in-
sects which destroy fruit trees, 'as the sparrow, cat bird,
blue bird and wood-pecker. No person shall, at any
time, destroy the nests or eggs of any of these birds in
Shelby County.
Sec. 2. Be it further enacted, That if any one should
p . do any one of the things forbidden in the foregoing sec-
ios,cution. pe may be prosecuted therefor, before any Magis-
trate of said county, and, upon conviction, he shall be
Penalty. fined twenty-five dollars for every deer hunted or killed;
ten dollars for every wild turkey killed; and five dollars
for every squirrel, partridge, or other of the above-named
birds killed; and the same for every bird's nest robbed
or destroyed, and every animal or bird bought or sold, or
offered for sale in said county during the time above spe-
cified.
Sec. 3. Be it further enacted, That all prosecutions for
any of these offenses shall be in the name of the county
153
of Shelby. In all cases of conviction and recovery, the
fine shall be equally divided between the informer and pine to be di-
the county, and the part due the county shall be paid over vided.
to the County Trustee, and held as a part of the school
fund of said County of Shelby.
Sec. 4. Be it further enacted, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed June 30, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
CHAPTER C.
AN ACT to establish a Criminal Court in the County of Knox, to
be holden in the City of Knoxville.
Sectiok 1. Be it enacted by the General Assembly of Court to be
the State of Tennessee, That from and after the passage estaWl8het!-
of this Act, a court shall be established in the city of
Knoxville, for the county of Knox, for the trial of all
misdemeanors, crimes and offences committed in said ^ame
county against the laws of the State of Tennessee.
Sec. 2. Be it further enacted, That the style of said
court shall be *" the Criminal Court of Knox County/7
and said court shall be composed of one Judge, learned in ga]al. 0f
the law, whose term of office shall be as prescribed in the judge.&
Constitution of this State, and shall be paid, as compen-
sation for his services, an annual salary of eighteen hun-
dred dollars, which is to be paid by the Treasurer of
said Knox County, on the warrant of the Chairman
Sec. 3. Be it further enacted, That said Criminal
Court of Knox County shall hold three terms in each of
year, at the Court-house in said city of Knoxville, or in
some other building in said city, if necessary, beginning
on the fourth Mondays in January, May and September, Time
and shall continue its sessions as long as business may -Place-
require; and the Judge of said court shall have power to
154
Special term, acljourn from time to time, or order and hold special terms
of said court whenever it may be necessary for the trial
of offenders or for the public good, of which order public
notice shall be given at the regular term next preceding
the special term so ordered; and at such special terms, or
Grand and adjourned terms, he may make all orders, and do any and
Pet-tit Jurors, everything which he can do at a regular term.
Sec. 4. Be it further enacted, That the Judge of said
Jurries Criminal Court shall, from time to time, appoint a Grand
and Witness- and Pettit Juries to attend said court at its regular and
es. special terms, and juries and witnesses thus attending
shall receive the same compensation, and shall be subject
to the same regulations as now prescribed by law in the
Circuit Courts of the State.
Sec. 5. Be it further enacted, That said Criminal Court
shall have all the jurisdiction now held and exercised by
. the Circuit and County Courts for said Knox County, for
. unscic ion. ppe an(^ punis}iment of all misdemeanors, crimes and
offences originating in said county, and shall have and
exercise said jurisdiction exclusively, and that the process,
Appeals. forms and modes of proceeding shall be the same as used
in said courts, except when they may come in conflict
with this Act; and appeals and writs of error, or appeals
in the nature of writs of error, may be prosecuted from
the judgments of said Criminal Court to the Supreme
Oath of Judge Court, as is now done in the other Courts of this State.
Sec. 6. Be it further enacted, That the Judge of said
court shall, before he can discharge his duties as such,
take the oath prescribed bylaw for Judges, before some
Judge or Justice of the Peace, and shall have power and
authority, when so qualified, to interchange the holding
of courts with other Judges, as now provided by law, and
in the case of sickness or absence of the Judge of the
said Criminal Court, it shall be the duty of the Chancel-
lor or Circuit Judge of said county to hold said Criminal
Court until the regular Judge can sit; Provided, that
neither of said Judges shall neglect his own court to per-
form this duty.
Sec. 7. Be it further enacted, That the Judge of said
Criminal Court shall not be disqualified by reason of said
10 piaCllCC in . n • i • r> • . • *i •
position, from practising his profession in civil causes m
the other courts of this State.
Sec. 8. Be it further enacted, That there shall be a
Clerk elected for said Criminal Court, to be elected by the
qualified voters of the county of Knox, in the manner
prescribed by law, whose duties shall be the same as now
required, or may hereafter be required by law of like of-
civil cases.
Clerk.
Duties.
155
ficers of other courts of similar grade in this State; and
be it further enacted, that the Attorney for the State of Attorney.
the third Judicial Circut shall perform all the duties of
Attorney for the State in said Criminal Court, and in as
much as the passage of this renders unnecessary the expense
and services of a County Judge for said county of Knox,
it is further enacted that the said office of County Judge Office of
be, and the same is hereby abolished, and the incumbent County Judge
Judge is directed to turn over all proper papers to such abolished.
Chairman of the County Court of Knox County, as may
be elected as heretofore provided by law; and it is hereby
provided that the laws applicable to other County Courts
in this State, having no Judges, shall revive and apply to
the County Court of Knox County.
Sec. 9. Be it further enacted, That the Clerks of the
Circuit and County Court are hereby directed and required Clerks lo re-
to return into said Criminal Court, on the opening there- turn Indict-
of, all bills of indictment, presentments, bonds, recogni- ments-
zances, and all other papers in their respective offices per-
taining to, or connected with the administration of crim-
inal law in said courts, and all bonds, recognizances, and
other matters so returned into said Criminal Court, shall
be heard and determined as if issued from, and returna-
ble to said court in the first instance, and it shall be the
duty of the Sheriff of said Knox County, to execute all
criminal writs in his hands and in like manner return
them to said Criminal Court.
Sec. 10. Be it further enacted, That all laws, or parts Law repeaie(i
of laws conferring jurisdiction of offences against the
laws of this State upon the County Court of Knox Coun-
ty, be, and the same are hereby repealed, and the Judge
and Clerk of said court are hereby directed and required
to turn over to the Clerk of said Criminal Court, all the
records and official documents and papers pertaining to
said Misdemeanor Court of Knox County.
Sec. 11. Be it further enacted, That the Judge and Election of
Clerk provided for and constituted by this Act, shall be Judges and
elected on the first Thursday in August next, as provided Clerks,
by the Constitution, and shall continue in office during
the constitutional term, and the election for said officers
shall thereafter be held according to the Constitution, and
as prescribed by law. •
Sec. 12. Be it further enacted, That all laws and parts
of laws, in conflict with this Act, be, and the same are
hereby repealed, and that this Act shall take effect from
156
and after its passage, the public welfare requiring it.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the Mouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER CI.
AN ACT to Secure the Fund Arising from the Sale of the School
Land'under the Acts passed January 15, 1844, and January 23,
1846, entitled "An Act to Authorize the Sale of the Common
School Lands in the State of Tennessee, at the wish of the People
of the different Townships where they may be situated, and to
Perfect Titles to the Purchasers of the same."
Whereas, By an Aot of the General Assembly of the
State of Tennessee, passed on the 15th day of January,
1844, entitled "An Act to authorize the sale of the Com-
mon School Lands in the State of Tennessee, at the wish of
the people of the different townships where they may be
situated, an Act amendatory thereof, passed on the 23rd
day of January, 1846/' it was provided that the school
lands located in the different townships in the State,
might be sold, if the people residing in the various town-
ships, through the ballot-box, should so declare ; and it
was further provided that the Bank of Tennessee should
be the custodian of the fund arising from the sale, for the
use and benefit alone of the citizens residing within the
townships where the lands were located; and it was fur-
ther provided that where the whole of the purchase money
and interest for any land sold under the provisions of
said Acts should be paid, a grant from the State should
issue to the person or persons owning said land ; and,
Whereas, It was made the duty of the Bank of Ten-
nessee, to control and manage said fund, and of the cash_
iers of said bank, or any of its branches, where said pur_
chase money and interest was fully paid, to issue a certifi_
157
cate of such payment to the purchasers, or their assigns,
upon which a grant to said land was to issue; and,
Whereas, The Bank of Tennessee has gone into a
state of liquidation, and the officers of cashiers of the same
have ceased to exist, and there are various cases where
school lands have been sold and purchased under said
Acts, in which the purchase money has not yet been fully
paid, and no certificate of the fact furnished by the cash-
ier of said bank, or its branches, and legislation is neces-
sary for the purpose of preserving the fund and protecting
the purchasers; therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the fund arising from the
sale of the school lands, under and by virtue of the Acts
of the General Assembly of the State of Tennessee, passed
January 15, 1844, and an Act amendatory thereof, passed
January 23, 1846, whether in the Bank of Tennessee, or
due and owing from any other person, agent or attorney,
belongs to the people of the respective districts of the va-
rious counties of the State in which said lands were lo-
cated.
Sec. 2. Be it further enacted, That all the fund arising
from the sale of school lands, and which has at any time Funds not
been paid into the Bank of Tennessee, or any 0faccounted for
its branches, and not heretofore accounted for, be paid
over, by the trustee of said bank, to the trustees of the
respective counties from which said fund originated, upon
demand of such County Trustee, after having given the
bond as hereinafter required.
Sec. 3. Be it further enacted, That the Trustee of the
Bank of Tennessee turn over to the proper County Trus- Duty of
tee, all receipts of attorneys or agents given for the col- Board of
lection of bonds, notes, or claims made or held in consid- Trustees,
eration of the sale of school lands in their respective coun-
ties; and if such receipts embrace bonds, notes or claims,
belonging to different counties, such attorney or agent
shall execute, or cause to be executed, separate receipts
for each county covering the claims belonging to such Receipts to
county, in lieu of his original receipt, with all the proper be given,
payments indorsed upon each separate receipt.
Sec. 4. Be it further enacted, That all money hereafter
collected upon bonds, notes or claims, relating to school Moneys to be
lands, be paid over to the Trustee of the county in which paid to Coun-
the lands lay. ^ Trustee.
Sec. 5. Be it further enactedt That the County Trus-
tee, before he is authorized to receive the funds, or the at-
torney's or agent's receipts as aforesaid, shall give bond
158
with sufficient security, to be approved by the County
Court, payable to the Judge or Chairman thereof, in
double the sum to which the county is entitled from the
sale of school lands, conditioned to account for and
pay over to those entitled to the same by law, all such
school funds as may or should come to his hands.
Sec. 6. Be it futher enacted, That the County Trus-
Trustee to tee shall loan out all money which may come to his hands,
loan Money, derived from the sale of school lands at the. highest law-
ful rate of interest to be obtained, taking ntftes with good
and sufficient security, to be renewed annually, or vest the
same in the bonds of the United States.
Sec. 7. Be it further enacted, That the fund arising
Interest to be from the sale of school lands, shall be kept at interest,
paid to Com- and no part of the principal shall be applied, and the in-
missioners. terest accruing therefrom shall be paid over by the Trus-
tee annually, or semi-annually, to the Common School
Commissioners of the respective districts in which the
lands were located, for the benefit of common schools in
said districts.
Sec. 8. Be it further enacted, That the County Trus-
Inspection of tees, in whose hands any moneys arising from the sale of
tee's^boJk'119" sc^00^ ^anc^ shall come, shall keep a book, in which shall
be kept an account with each district interested in the
fund, showing the amount belonging to each, a copy of
the note or notes, and numbers and amount of United
States bonds, when loaned, and the disbursements of in-
terest made, which book shall be open to the inspection
of any person interested.
Sec. 9. Be it further enacted, That when full payments
Full payment have been made of the purchase money and interest, for
which any school section or lot has been heretofore, or
may hereafter be sold, and satisfactory evidence furnished
of such payment, then, and in that event, the Trustee of
the county in which the land was located, shall issue a
certificate to the purchaser or owner, describing the land,
and showing that the whole of the purchase money and
interest has been paid, with the date and amount of the
Receipts to bid, which certificate, after being acknowledged or proven
ed g^knowl~ before the Clerk of the County Court, as deeds are ac-
knowledged or proven, may be presented to the Register
of the appropriate District, who shall issue a grant in the
name of the State to the purchaser, his assignee or present
Governor and owner, and shall insert in the grant the original consid-
Secretary to eration paid; and it shall be the duty of the Governor
sign it. and the Secretary of State to sign the same, and put
thereon the seal of the State.
159
Sec. 10. Be it further enacted, That if the respective County Trus-
County Trustees of the different Counties in the State,tee not t0 nse
should use any part of said money or bonds, bills or Sch°o1 Fund,
promisory notes, by loan, investment, or otherwise, with-
out authority of law, or converting part thereof to his
own use, in any way whatever, he will be guilty of em- Penalty-
bezzlement, and punished as now provided by Sections
4,706 and 4,707 of the Code.
Sec. 11. Beit further enacted, That the public welfare
demands that this Act take effect from and after its pas-
sage.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
• Speaker of the Senate.
Approved July 11, 1870.
D. W. C. SENTER,
Governor.
CHAPTER CII.
AN ACT to Regulate the Business of Life Insurance in the State of
Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Secretary of State, the
Comptroller of the Treasury, and the Treasurer, be, and Board of In-
are hereby constituted the Board of Insurance Commis- ^ssh3ne^sm"
sioners of the State of Tennessee, with the powers and du-
ties hereinafter granted and directed.
Sec. 2. Be it further enacted, That it shall not be law- Forei n
ful for any Life Insurance Company chartered by the inswxnce 1 %
United States, or any State of the United States, or any Companies to
foreign government, or any agent or agents thereof, to obtain license
transact any business of Life Insurance in this State,
without first procuring a license therefor from the Board
of Insurance Commissioners.
Sec. 4. Be it further enacted, That any such Compa- Sworn state-
ny, applying for such license, shall present to the Board a ments.
sworn statement of the President and Secretary thereof,
exhibiting: Exhibits re-
First, The name and parent office of the Company, quired.
160
Second, The financial condition of such Company, on
the 31st clays of December and July of the year preced-
ing the date of the application.
Third, The amount of the capital stock of the Com-
pany, and what part of the same has been paid in cash,
and what part of the same has been paid in notes of
stockholders; together with a full exhibit of the assets
and liabilities—in what the former consists, and what the
latter, and when and how due.
Fourth, The income and expenditures for the year pre-
ceding.
Fifth, A copy of the charter of such Company, certi-
fied by authority; and this statement shall be filed in the
office of the Comptroller of the Treasury.
Sec. 4. Be it further enacted, That it shall be the duty
of the Board of Insurance Commissioners, if the state-
ment and exhibit of any Company chartered by the Uni-
ted States, or* any other State, or foreign goverment,
should show it to be in a sound and solvent condition, to
issue thereupon a license to transact the business of Life
Insurance within the limits of the State, upon the terms
and conditions set forth in this section and those hereinafter
Terms and provided, viz : Whenever the existing or future laws of
conditions of T other State of the United States shall require of the
license
Life Insurance Companies chartered by this State, and
having agencies in such .other States, or of the agents
thereof, any deposits of security in such State,, for the
protection of policy holders or otherwise, or any pay-
ments for taxes, penalties,, license, fees or otherwise,
greater than the amount required for such purpose from
similar Companies of other States, by the existing laws
of this State, then, and in every such case, all Companies
of such States establishing, or having heretofore estab-
lished, an agency or agencies in this State, shall be, and
are hereby required to make the same deposits in bonds
of the State of Tennessee, for a like purpose, with the
Comptroller of the Treasury of this State, or with the
similar officer of the State in which the parent office of
the Company may exist, and to pay to the Comptroller
of this State, for taxes, penalties, license, and fees of all
kinds, an amount equal to the amount of such charges
and payments imposed by the laws of such State upon
Companies of this State, and the agents thereof; and all
Companies chartered by the United States, and by States
having no laws requiring depusits of security, and by
foreign governments, shall deposit with the Board of In-
surance Commissioners, to be kept in the custody of the
161
Comptroller of the Treasury, a certificate duly attested
by the proper officer, under the laws of the State or gov-
eminent in which such Company or Association is incor-
porated or organized, that securities to the actual value of
at least one hundred thousand dollars have been deposited
with him to secure the policy-holders, consisting of the
bonds of this State, the United States, or of the State in
which such Company is organized, or of notes or bonds
secured by mortgage on real estate, for double the amount
and stating the time and amount of each of such bonds,
notes or stocks, and that he is satisfied they are worth
one hundred thousand dollars.
Sec. 5. Be it further enacted, That no Life Insurance
Company or Association, organized or chartered under
the laws of this State, shall transact business, unless
within three months from the passage of this Act, it shall
have deposited with the Board of Insurance Commission-
ers, for the security of its policy-holders, the sworn state-
ments of the President, Vice President, and the Secre-
tary or Actuary of such Company or Association, that
they have invested in the bonds of this State, or of the jn^ecudties^
United States, or in notes or bonds secured by mortgage
on real estate, for double the amount loaned. One hun-
dred thousand dollars, of which at least one-third in
Tennessee State Bonds, shall be deposited with the Comp-
troller of the Treasury, and the balance subject to the in-
spection of the Board of Insurance Commissioners at
any time they may deem proper to examine them; and
should the investments of any Company or Association
doing business of Life Insurance in this State be less
than one hundred thousand dollars at any time after such
certificate is given, it shall be reported to the Board of
Insurance Commissioners in thirty days thereafter, under
a penalty of five hundred dollars for each month said re-
port is withheld.
Sec. 6. Be it further enacted, That every Life In-
surance Company chartered by this State, and all Compa-
nies chartered by the United States, or under foreign
governments, or other States of the United States, to
which the reciprocal provisions of section 10 of this Act
do not apply, and to any one of them by the laws of the
State in which chartered, there may be no license fees or 3^^ Fee
taxes required, shall pay to the Comptroller of the
Treasury a license fee of seven hundred and fifty dollars,
to be collected annually, and such other t&xes as are now
assessed by law.
Sec. 1. Be it further enacted, That the Board of In-
11
162
Annual state- surance Commissioners shall require apnual sworn state-
ments. ments on the 31st day of December, or within thirty days
thereafter, of each year, of every Company, home and
foreign, transacting Life Insurance business in this State;
said statement to contain the full exhibit of facts de-
scribed in section 3 of this Act, and to be made by the
President and Secretary thereof.
Sec. 8. Be it further enacted, That any Companies to
which the reciprocal features of this Act applies, shall
pay, in addition to the seven hundred and fifty dollars,
Taxes and license fees, and fifty dollars, as provided for in Section 9,
l such taxes as are now assessed by law on all Insurance
Companies, and such fees as may be charged by the State
in which chartered or organized.
Sec. 9. Be it further enacted, That every company,
home and foreign, transacting the business of Life In-
To pay for surance in this State, shall be required to pay annually,
labor, etc. the sum of fifty dollars, to the Board of Insurance Com-
missioners for the labor of examining and furnishing
blanks for the sworn statement and exhibit thereof; and
this sum shall be divided equally between the members
of said Board, as compensation for services under this
Act.
Sec. 10. Be it further enacted, That it shall be the
duty of the Board of Insurance Commissioners, when-
ever they shall have good reason to suspect that the affairs
of any Life Insurance Company doing business in this
State, are in an unsound condition, to require of said
company or association, a special statement of its affairs;
and if said Commissioners shall not be satisfied that the
affairs of said company or association are in a safe condi-
tion, or if any three stockholders or policy-holders of
such company or association, shall make affidavit that
Special state- they believe special statement or any annual statement to
ments. be incorrect or untrue, setting forth in what respect, and
on what grounds they believe the same to be untrue, then
the said Commissioners shall make a personal examina-
tion of said company, and cause one to be made by some
disinterested person or persons specially appointed by
them for that purpose, and they shall have power to ex-
amine, under oath, the officers or agents of any company,
in relation to the business of said company; and it shall
be the duty of the officers and agents of any Life In-
surance Company or association doing business in this
State, to cause their books to be opened for such inspec-
Commission- .. , 1 , ... ., \ n
ers to make or examination, as may be necessary ; and, it it shall
examinations appear to them that the affairs of such company are in an
163
unsound condition, they shall revoke the certificate of
authority granted to such company, and shall cause a no-
tice to be published of such revocation, at least three pubiic-.*iotice
times, in some newspaper in the city of Nashville; and
the agent or agents of such company or association, after
such notice, are required to discontinue the issuing of
any new policies, or the collection of any premiums.
Sec. 11. Be it further enacted, That any such com-
pany or association mentioned in section 4, desiring to
transact any such aforesaid business, by any agent or
agents in this State, shall file, with the Board of In-
surance ^Commissioners, a power of attorney, under the Powsr of A*-
seal of the company, signed by the President and Secre- toine>r-
tary, authorizing any and every agent that is or may be
acting for such company, to acknowledge service of pro-
cess for ana in behalf of such company, consenting that
service of process upon such agent shall be taken and
held to be as valid as if served upon the company, ac-
cording to the laws of this or any other State, and waiv-
ing all claims of error by reason of such service.
Sec. 12. Be it further enacted, That the Board of
Insurance Commissioners shall cause to be prepared and
furnished to every company and association to which this
Act shall apply, printed forms of the statement herein Pfint'd forms
required, and they may make such changes from time to
time, and in the statements required, as shall seem to
them best adapted to elicit from said companies or associa-
tions a true exhibit of their condition.
Sec. 13. Be it further enacted, That all Acts and parts
of Acts inconsistent with the provisions of this Act, are
hereby repealed;; Provided, that nothing contained in
this Act snail be construed to effect the corporate exist-
ence, or right as such, of any company now existing,
heretofore organized under the laws of this State; Pro- „
Proviso
vided, that nothing contained in this Act shall be so con-
strued as to prevent the repeal or amendment of the
same, or any section thereof, by the President or any fu-
ture General Assembly of this State.
Sec. 14. Be it further enacted, That this Act take
effect and be in force from and after its passage, the pub-
lie welfare requiring it.
Passed July 8, 1870. W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved. July 11, 1870. D. W. C. SENTER,
Governor.
164
CHAPTER CHI.
AN ACT to change the line between Weakley and Obion Counties,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the boundary line between
the counties of Weakley and Obion, be, and the same is
hereby so changed as to run and be established as fol-
lows: The said dividing or boundary line shall run
boundaries, northwardly, as at present established, to a stake in the
middle of the channel of the north fork of Obion river;
thence up said north fork of Obion river along the mid-
die of the channel of the same, eight miles and ten poles,
to a stake in the middle of the said channel; thence north-
wardly four miles and fifty-one poles, to a stake in the
Clinton road; thence north sixteen degrees, west two miles
one hundred and eighty-eight poles, with said road to a
stake in the line which separates the States of Kentucky
and Tennessee; and that portion of Weakley County ly-
ing north and west of the line hereby established, is here-
by detached from the county of Weakley and attached to
the county of Obion, and shall hereafter form a part of
said county of Obion, and shall be subject to the juris-
diction of the County Court of Obion County, and to
the jurisdiction of the Common Law and Chancery
Courts. Courts, at Union City, from and after the passage of this
Act; but the Chancery and Circuit Courts of Weakley
County, respectively, shall have jurisdiction to try, hear
and determine all suits now pending in either of said
courts, as fully in all respects as if this Act had not been
passed.
Sec. 2. Be it further enacted, That the Revenue CoU
State and ^ec^or Weakley county shall collect the State and coun-
County taxes, ty taxes in that part of Weakley County which is hereby
attached to Obion County, for the year 1870, and pay the
same over to the same authority, and in the same manner
as if this Act had not been passed; and this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed June 18, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 2, 1870.
D. W. C. SENTER,
Governor.
165
CHAPTER CIV.
AN ACT to Protect the State against FraucL
Whereas, The investigation by the School Fund Fraud
Committee has developed the fact, that the Insurance y^w^f
Company of the Valley of Virginia deposited with the
Comptroller of the State twenty bonds, under the Act
passed 18—, to enable them to do an insurance
business in this State, which bonds were made payable to
the Insurance Company of the Valley of Virginia; and
it further appearing that said bonds were of the denomi-
nation of one thousand dollars each, and were of the fol-
lowing numbers, to-wit: 5595, 10574, 1220, 7186, 5497,
3169, 1742, 10576, 5597, 421, 5596, 8115, 7722, 10573, 0i J3oilcls'
7723, 8218, 4578, 10516, 10526, that said bonds were by
the Comptroller deposited with the Bank of Tennessee,
for safe keeping; and it further appearing that the Bank
of Tennessee surrendered to the Insurance Company of
the Valley of Virginia, twenty bonds of like denomina-
tion, and received from said company authority to indorse
said bonds to the Bank of Tennessee, which indorsement
was never made; and it further appearing that the said
bonds were abstracted or purloined from the Bank of Ten-
nessee, and entered into circulation without authority or
consent of the offieers of the Bank; and it further appear-
ing that said bonds have been presented to the Governor,
Secretary of State and Comptroller, under an Act passed
December 12, 1866, and that twenty Green bonds have Bond In Hen.
been issued in lieu thereot, of the denomination of one
thousand dollars each, and of the following numbers:
8001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, Denoihinai^
8010, 6011, 6012, 6013, 6014, 6015, 6015, 6017, 6740,
7546, 7547, and it appearing that the parties presenting
said old bonds, and receiving new green bonds therefor, yot legally
were not legally or rightfully in possession of the same; issued.
therefore,
Section 1. Be it enacted by the General Assembly oj
the State of Tennessee, That the Comptroller of the Treas-
ury, and the Treasurer of the State, are hereby express-
ly prohibited from voluntarily paying any of the afore- Boucls aml
said bonds, or the coupons clipped from or attached to Coupons not
the same. Seventeen of these bonds were issued to John to be paid.
Osment, per Sam Hunt, agent, on the 28th day of Janu-
ary, 1867, and numbered from 6001 to 6017, inclusive. Date ^^
One of said bonds was issued to Waterhouse, Pearl &
Co., per T. B„ Sample, Cashier, on the 23d of March,
166
3867,. number 6740. Two of said bonds were issued to
Sam Hunt, on the loth day of April, 1857, and numbered
7546 and 7547.
Sec. 2. Be it further enacted, That the public welfare
requires that this Act shall take effect from and after its
passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor-
CHAPTER CY.
AN ACT to Repeal Section 14 of an Act passed March 12, 1868,
entitled an Act to Incorporate the Cherokee Male and Female Acad-
emy, in Washington County Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 14 of an Act passed
March 12, 1868, entitled an Act to incorporate the Cher-
okee Male and Female Academy, in Washington County,
A'-- repealed. Tennessee, be, and the same is hereby repealed; and the
public welfare requiring it, this Act shall take effect from
end after its passage.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of'the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor..
167
CHAPTER CVI.
AN ACT to fix the time for holding the Courts in the 4th Ju-
dicial Circuit.
Section 1. Be it enacted by the General Assembly oj
the State of Tennessee, That the courts in the 4th Judi- Time of hold-
cial Circuit, shall be holden as follows : inS Courts.
Bradley, first Mondays in January, May and Septem-
ber.
Polk, third Mondays in January, May and Septem-
ber.
Meigs, first Mondays in February, June and October.
Rhea, second Mondays in February, June and Octo-
ber.
Bledsoe, third Mondays in February, June and Octo-
ber.
Sequatchie, fourth Mondays in February, June and Oc-
tober.
Marion, first Mondays in March, July and November.
Chattanooga, second Mondays in March, July and No-
vember.
Hamilton, first Mondays in April, August and De-
comber.
McMinn, second Mondays in April, August and He-
cember.
And all process issued from the last term of said Process,
courts, respectively, shall be returnable to the first term
of said court held under this Act.
Sec. 2. Be it further enacted, That so much of an Act
passed June 25, J 870, fixing the time for holding Circuit part 0f an
Courts in the Fourth Circuit, be, and the same is hereby Act repealed,
repealed. This Act shall take effect from and after its
passage, the public welfare requiring it.
Passed July 2, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
H. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. W, C. SENTER,
Governor.
168
CHAPTER CVII.
AN ACT to Improve the Capitol Grounds.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Inspectors of the Peni-
tentiary, be, and they are hereby authorized to improve
Plan' the Capitol Ground, according to the original plans, un-
der the supervision of their Superintendent of Mechani-
cal Department, and to that end they are hereby empow-
stock>UetciaSe ere(^ Purc^ase necessary stock, implements and ma-
i oc o c. terial, and to employ convict labor, and the Comptroller
is hereby authorized to issue his warrant for the payment
of same on monthly estimates, certified by the inspectors;
Provided, that said monthly estimate be carefully exam-
Comptroller jne(j by the Comptrollor, and his warrant or warrants
to issue war- n , , .
rants issue tor a sum or sums at no greater price than is cus-
tomary to be paid for work of a similar character; and
Provided, that the amount annually expended in sijch im-
Amount to bo Provement shall not exceed twenty thousand dollars; and
expended. ^ Provided, that a statement of the said improvements and
expenditures shall be laid before each stated session of
the Legislature by said inspectors.
Passed July 5, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER CVIII.
AN ACT for the Preservation and Protection of Game in Ruther-
ford and Fayette Counties.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That it shall be unlawful for any per-
169
son to trespass upon the lands of another, in the counties
of Rutherford and Fayette, for the purpose of hunting, Trespassing
trapping, or netting any game, without the consent of the forbidden,
person or persons owning said land.
Sec. 2. Be it further enacted, That it shall be unlaw-
ful for any person to shoot, wound, or destroy any quails
or partridges in the counties of Rutherford or Fayette,
from the first day of April to the first day of September, Time
inclusive, in each and every year.
Sec. 3. Be it further enacted, That any person viola-
ting this Act, shall be deemed guilty of a misdemeanor,
and on conviction thereof, before any court having juris-
diction, shall be, for each and every offence, fined not less
than five nor more than twenty-five dollars, one half to
be paid to the informant, and the other half to the Com- Penalty,
mon School Fund, and upon failure to pay or secure said
fine, the person so offending shall be imprisoned in the
County Jail not less than ten or more than thirty days, Imprisoning
at the discretion of the court.
Sec. 4. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
the same.
Passed June 30, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. C. W. SENTER,
Governor.
CHAPTER CIX.
AN ACT for tbe Relief of J. C. Cock and R. B. Hart.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Trustees for the Asylum
for the Insane, be authorized to release J. C. Cock and R<ggased.
R. B. Hart from all obligations of the bond executed by
tkem, for five hundred dollars, entered into in the year
170
1860, for the maintenance of L. V. Cock, as a patient
from Madison County, in the Tennessee Hospital for the
Insane.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requir-
ing it.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
CHAPTER CX.
AN ACT to exempt from Execution and Attachment, the properly
of Municipal Corporations.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That all the property, whether real or
personal, held or owned by either of the Municipal Cor-
porations in this State for public purposes, such as public
squares, public parks, water-works, fire engines, lots,
houses, horses and carts, for the use of the fire companies,
and for the use of the corporation, and which are neces-
sary for the convenience and use of the public, shall be,
exempt from attachment or sale by execution, or other le-
gal process.
Sec. 2. Be it further enacted, That as the public welfare
requires it, this Act shall take effect from and after its
passage.
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
171
CHAPTER CXI.
AN ACT to amend Section 2186, Chapter 5 of the Code of Ten-
nessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 2136, Chapter of
the Code of Tennessee, be so amended as to read " the Dcbtorio pay
party entitled to redeem under the provisions of this
Chapter, may pay the redemption money to the Clerk, in-
stead of the debtor."
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed July 5, 1870.
W. O'N. PERKINS,
Speaker of the Rouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8r 1.870.
D. W. C. SENTER,
Governor..
CHAPTER CXII.
AN ACT for the Benefit of Artisans.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That silver-smiths, lock, and gun-
smiths, black-smiths and artisans generally, who do work
for the public, are hereby empowered, at the expiration of
one year from the time of the contract and leaving the
material with them, or the article to be repaired, if not Uncalled for
claimed or called for by the owner or owners, shall have articles may
the right to sell the same at public outcry, after giving be solcl-
thirty days notice, to be conspicuously posted in three -jsrot|ce to be
public places in the County wherein the sale is to be given,
made, one notice to be posted at the Court-house door.
Sec. 2. Be it further enacted, That all money derived
from sales as mentioned in section first of this Act, in Excess of
excess of the amount due for storage, repairs, or other ne- money to be
eessary expense shall go to the original owner, if to be found, refunded.
172
if not, then to the wife or widow, if living; and if no
wife or widow be living, then to the next of kin, as if
the owner of the property sold, had died intestate; and
if there be no wife, widow or next of kin, then to the
Trustee of the County, for the benefit of the common
schools of the County in which said property was sold;
Proviso. Provided, that the person making such sale, shall make
affidavit of his charges against said property, and file the
same before the sale is made, with the Clerk of the
County Court.
Sec. 3. Be it further enacted, That when such sales
are made as mentioned in section 1 of this Act,
Sworn state jt shall be the duty of the person at whose instance the
ment: sales are made, to make a sworn statement as to the ar-
tide or articles sold, the quantity and quality of the
same, and amount received, to be sworn to before any le-
gaily authorized person to administer oaths in the County
wherein the sale was made, affidavit also being made as
to date of sale; the same to be filed with the Clerk of
the Circuit Court wherein the sale takes place.
Sec. 4. Be it further enacted, That it shall be the duty
Duty of Court of the Clerk of the County Court to enter in a well
bound book, to be kept for that purpose, a full descrip-
tion of the articles sold as mentioned in Section 3, and
also to place on file in his office, a copy of the bill
of sale.
Sec. 3. Be it further enacted, That this Act take
effect from and after its passage, the public welfare re-
quiring it.
Passed June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate,
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
173
CHAPTER CXill.
AN ACT to amend an Act passed on the I5th day of December,
1869, Chapter 15.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Act passed on the 15th
day of December, 1869, chapter 15, which provides for
the relinquishment by the State to the counties of Maury, Maury,
Wayne and Lawrence, all the interest the State has in Wayne and
the Columbia Central Turnpike Company from the Big bounties8
hill, west of Mount Pleasant, to Clifton, on the Tennessee
River, and that said Counties work on said roads as other
county roads, be so amended that the Magistrates in
County Court assembled in their respective counties,
may let out and assign over portions of the road lying t0
within their respective limits or parts thereof, to citizens e 01
who may be chartered under the laws of the State, and
who will engage and undertake to keep said road or parts
thereof, in good traveling condition, in conformity with
the charter and upon the terms prescribed and directed
by the said Magistrates, or otherwise as the said Magis-
trates may deem expedient for the public good.
Passed July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS, .
Speaker of the Senate.
Approved July 9, 1870.
D. W. C. SENTER,
Gove rnor.
CHAPTER CXIV.
AN ACT defining the Powers and Duties of the Attorney General
and Reporter for the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, The Attorney, General and Re-
174
To select the porter shall have the right to select his own printer, and
printer. shall have the exclusive control of the printing and bind-
ing of his Reports from and after the expiration of the
term for which the present Public Printer has been elect-
ed.
Sec. 2. Be it farther enacted, That he shall have print-
No. of copies ed and bound, at the expense of the State, only six hun-
dred copies of his reports, to be paid upon the warrant of
the Comptroller.
Sec. 3. Be it further enacted, That he shall be allowed for
Price. printing and binding, the same compensation as is
now allowed by law for printing and binding the Reports.
Sec. 4. Be it further enacted, That he shall furnish a
(Gratis copies, copy of each volume of his Reports gratis, to the follow-
ing officers: the Governor, Secretary, Comptroller, and
Treasurer of the State, the Clerk of each Chancery, Cir-
euit and Criminal Court, each Chancellor and each Judge
of the Supreme, Circuit, Criminal and Common Law
Courts, and said Reports thus furnished, except the
Judges and Chancellors, shall be kept in the-respective
offices, and handed over to the successors in said offices.
Sec. 5. Be it further enacted, That he shall furnish
gratis, a copy of each volume of . his Reports to the Li-
/GratSffiopiea. praiy 0f Congress, to the State and Territorial Libraries,
to the President and Departments of the General Gov-
ernment, to the State and Territorial Secretaries of State,
and to the State Library five copies. The State libra-
rian, when called on, shall furnish him the necessary in-
formation to enable him to distribute the Reports under
this section.
Sec. 6. Be it further enacted, That said Reports may
Char estobe^e f°rwar4ed by express, by mail, or other safe convev-
paid. ance, and the express thereof shall be paid out of the
Treasury of the State, upon the warrant of the Comptroller.
Sec. 7. Be it further enacted That he shall prepare
and print such of the opinions of the Supreme Court as
When to be he may design for his volume of Reports, immediately
printed. after the adjournment of each term, so as to enable per-
sons to procure them at the earliest practicable period.
Sec 8. Be it further enacted, That Section 18 of the
Laws rep-Id Code, and Paragraph 5 of Section 3952, and Sections 3953,
3957, 3958 and 3960 of the Code are hereby repealed
Sec. 9. Be it further enacted, That he shall have the
Originalopin-llSG °f the original opinions of the Supreme Court from
ions. which to print his Reports; but the same shall be returned
by him to the respective offices to which they belong;
Proviso. Brovidrd, however, that if the Public Printers will print,
175
bind, and have ready for delivery, within ninety days
after the manuscript has been delivered to them bv the
Attorney General, then the Public Prints shall have
the right to print the Reports, but if they refuse to print
and have ready the Reports within said ninety days, or
if after having agreed to so print, should they fail for
ninety days, then the Attorney General shall be allowed
to contract as above, and the Public Printers shall forfeit
all pay for what work they may have done on the Re-
ports, besides being compelled to pay the State for what
paper may have been wasted.
Passed July 8, 1870.
W. CW. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 9, 1870.
D. W. C. SENTER,
Governor,
CHAPTER CXV.
AN ACT to establish a Criminal Court in the County of Mont-
gomery.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That a Criminal Court be, and is ciarksvilie*
hereby established at Clarksville, in the County of Mont-
gomery, and the jurisdiction of said Court shall be co-ex-
tensive with the limits of said County.
Sec. 2. Be it further enacted, That the said Criminal
Court for Montgomery County, has all the jurisdiction juriS(iiction
given to the Circuit Courts of the State, the trial and
presentment of crimes and offenses against the State,
within the said County of Montgomery, to the exclusion
of the Circuit Court for said county.
Sec. 3. Be it further enacted, That the Circuit
Court for said County of Montgomery, shall transfer all Tfansfer of
bills of indictment and presentment, and all papers and ntlctmnts
proceedings appertaining to criminal matters now pend-
ine in said Court, to the Criminal Court for trial and
176
Clerk.
proceedings therein, and all the powers and jurisdiction
that the said Circuit Court had in and over said indict-
ments, presentments, papers and criminal proceedings are
hereby vested in the said Criminal Court.
Sec. 4. Be it further enacted, That the Clerk of the
Circuit Court for said County of Montgomery, shall be
the Clerk of said Criminal Court, and shall perform the
duties by law required of Clerks in relation to the crim-
inal business of the Circuit Courts of the State, receiving
the same compensation therefor.
Sec. 5. Be it further enacted, That the Judge of said
Juries. Criminal Court shall, from time to time, appoint a Grand
Jury and two petit juries, to attend its regular and spe-
cial terms.
Sheriff. Sec. 6. Be it further enacted, That the Sheriff of said
County of Montgomery shall attend the terms of said
Criminal Court, and perform all the duties required of
Sheriffs in relation to the Criminal business of Circuit
Courts of the State, receiving the same compensation
therefor.
Sec. 7. Be it further enacted, That the records and
proceedings of said Criminal Court shall be kept sepa-
rate from the records and proceedings of all other courts.
Sec. 8. Be it further enacted, That the Sheriff of said
county, and the Clerk of said Criminal Court, shall be
required to give bond and security, payable to the State,
to the satisfaction of the Judge of said Criminal Court,
in the sum of five thousand dollars -each, for the faith-
ful discharge of their duties under the provisions of this
Act and the laws of this State, defining the duties of
Sheriffs and the Clerks of the Circuit and Criminal
Courts of the State.
Sec. 9. Be it further enacted, That the bond of the
said Clerk shall not only be conditioned for the faithful
bond13 °f the performance of the duties of bis office, but also the pay-
ment to those entitled, of all finest forfeitures and other
moneys which may come to his hands as such Clerk, and
be liable on said bond by motion or otherwise, as Circuit
Court Clerks.
Sec. 10. Be it further enaeted, That the said Circuit
Court-to cer- Court for Montgomery County, shall certify to said
tifyv Criminal Court, transcripts of the entry and finding of
all indictments and presentments now pending in said
Circuit Court, which shall be transcribed upon the re-
cords and minutes of said Criminal Court, and shall be
evidence in all the courts of the State, of the matters
therein contained, and said entry of record shall give the
Records.
Bond.
177
Slid Criminal Court full and complete jurisdiction of said
criminal matters.
Sec. 11. Be it further enacted, That the Judge of said
Criminal Court shall not only appoint the Grand and T .
Petit Juries for said Court, and cause to be issued a writ
of venira facias to the Sheriff of said County of Mont-
gomery, but shall have power at any time that it may be
necessary, to cause to be summoned other persons to serve
as jurors in said Court.
Sec. 12. Be it further enacted, That the Judge of said
Criminal Court shall have the powers and jurisdiction of
the Circuit Judges of the State, and may interchange Interchange,
with other Criminal Judges, and the Circuit Judges in
the State, when causes exist making an interchange ne-
cessary, or for mutual convenience, and in the absence of
the Judge of any Circuit Court, his death or inability to
hold Court, the Judge of said Criminal Court may hold '
Court in his stead, and in all such cases the Criminal
Judge or Circuit Judge holding Court in the district or
Circuit of another, shall have the same powers and juris-
diction as the Judge in whose place he is acting.
Sec. 13. Be it further enacted, That, for the purpose
of carrying into effect the full intent of this Act, all the t0 cany into
powers and jurisdiction vested in the Circuit and Crim- effect,
inal Courts of the State, for the trial and punishment of
crimes and offences against the State, are hereby and here-
in vested in the said Criminal Court for Montgomery
County.
Sec. 14. Be it further enacted. That there shall be
twelve terms of said Criminal Court each year, to be held Number of
the first Wednesday in each month, and to continue from Terms,
day to day, Sundays excepted, until the business is dis-
posed of.
Sec. 15. Be* it further enacted, Th^t all indictments Grand Juries
and presentments for -offences# against the t0 find indict-
State, in said County of "ontgomerJ^J^l^^uund and ments> etc'
presented by the Grand Jury for said County^ in said
Criminal Court, and the powers and jurisdiction of the
Circuit Court for said County to empanel a Grand Jury to
find indictments and presentments, and to empanel a petit
jury to try crimes and offences against the State, as em-
braced in the Act of the day of June, 1870, estab-
lishing said Court) and as expressed in Section 4226 of
the Cede, is hereby repealed, so far as the same conflicts ^eae
with this Act,, but not otherwise.
Sec. 16. Be it further enacted, That the Judge of the
County Court for said County of Montgomery, shall be
12
178
Jmlgis, the Judge of said Criminal Court, and shall hold the
same, and at the election to be held on the first Thursday
?uXe°&°\t *n -Migust, 1870, the qualified voters of the said County
'torney.** Montgomery, shall elect the said County Court and
Criminal Court Judge, and an Attorney for the State, who
Term of of- shall respectively hold their offices for eight years, and
shall have been residents of the State respectively for five
years and of the county one year.
Sec. 17. Be it further enacted, That the said Attorney
for the State, elected on the first Thursday in August,
1870, by the qualified voters of said County of Mont-
Duties of At- goinery, shall attend the said Criminal Court and prose-
cute all crimes and offences against the State in said
County, and at all times to do and perform all other du-
ties by law, required of Attorneys for the State, and
his compensation shall be the same as now fixed by law,
for Attorneys for the State.
Sec, 18. Be it further enacted, That the salary of the
said County and Criminal Judge shall be the same as the
Circuit Judges and Chancellors of the State, to be paid
out of the Treasury of said County of Montgomery, to
be paid upon the warrant of the Judge of said Court.
Sec. 19. Be it further enacted, That the Judge of said
County and Criminal Courts, shall be a person learned in
Judge to be jaw^ an(} possessed of the same qualifications as the
law116 mt C Circuit Judges of the State, and shall have the same
powers and jurisdiction.
Sec. 20. Be it further enacted, That the said County
To be ke t auc^ Criminal Courts may each, always be kept open, if
0pt;n. the interest of the State and the said County of Mont-
gomery requires it, and no conflict of powers and juris-
diction in this respect shall arise; and when said Judge
Clerk of Co siting as County Judge, the Clerk of the County
Court. Court of said County shall act as Clerk of the County
Court, and when the said Judge is sitting as Criminal
Clerk of Cir- of Sa'1
emit Court, shall i vir^mnl Court, nor snail any
oonHicf^Roetween the Cireuir Court of said County of
Montgomery, and the said Criminal Court as to the Clerk
Dalit"!ofCfk said courts, but both courts may be open at the same
time, and the duties of Clerk in both courts may be at-
tended to and performed by the said Clerk and his depu-
Jutbm not to ^cs' The said County and Criminal Judges shall not
practice law. practice law or perform any of the functions of an At-
torney or counsel in any of the courts of this State, ex-
cept in cases which they may have been employed as
counsel previous to his election.
torney.
Salaries.
179
Sec. 22. Be it further enacted, That the said Circuit
Court for Montgomery County shall take recognizances Oourt m fake
and bind persons under indictment and presentment in iec0Sm5r-"if}C0
said court, to appear before the said Criminal Court to
answer said charges and offenses.
Sec. 23. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
the same.
Passed July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W C. SENTER,
G- over nor.
CHAPTER CXYI.
AN ACT Directory to the Attorney General of the State, Direciing
him to Institute Suits in the Chancery Courts against the Tennessee
and Pacific Railroad Company.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Attorney General of this
State shall forthwith institute, in the name of the State, a
suit in the Chancery Court of Davidson County, against
the Tennessee and Pacific Railroad Company, setting forth
' particularly, that the said company has fraudulently ob-
tained the issuance of the bonds of the State, to the
amount of eight hundred and eighty-five thousand dollars,
and has obtained the issuance of the said bonds contrary to
the provisions of the Act. to;establish a system of Internal
Improvements in this State, passed February 11,1852, and
contrary to the provisions'of an Act passed December 7,
1867, entitled " An Act to amend the Internal Improve-
ment laws of the State," passed February-11, 1852, and
enjoining said Tennessee and Pacific Railroad Company,
■its Officers, Agents, Directors and Stockholders from in Officers and
any way disposing of said bonds until the further order stockholders
of the court, and asking that the Board of Directors, UaJy
President, Officers and Stockholders of the Tennessee and
Pacific Railroad Company be held individually liable for
the payment of the bonds so fraudulently ahd illegally
180
obtained by such company, and for all other losses that
may fall upon the State in the consequence of the com-
mission of any fraud by such company, or by the illegal
act of said company in the receipt or disposal of said
bonds by said company, its agents or officers, or attor-
Proviso. neys ; Provided, that nothing in this Act shall be so con-
strued as to require suit to be brought against John
Kirkman, W. R. Elliston, Thomas Chadwell, E. J. Wil-
liams, D. Cooke, Jr., E. H. East and Abram L. Demoss,
or any Directors or Stockholders of said Company, who
may show that they were ignorant of or opposed to the
Proviso procurement of said bonds by the company; Provided
further, that said stockholders did not approve of the use
of said bonds, or the proceeds thereof, after they were ob-
tained, in the building of the road-bed, bridges, or in the
buying of iron for the purpose of ironing said road, or
the furnishing of cross-ties, or other material of said
Other relief, road. jAnd said Attorney General shall also pray the
court for such other relief in behalf of the State, as
against the said company, its Directors and Stockholders,,
as under existing laws, may be lawfully granted; Pro-
Proviso. vided, That the Attorney General shall not bring suit
against said company, its Directors and Stockholders as
herein provided, without the concurrence or assent of
Robert J. McKinney, Archibald Wright, Francis B.
Fogg and the Governor, Secretary of State and Comp-
troller, or a majority of them.
Sec. 2. Be it further enacted, That the public welfare
requires that this Act shall take effect from and after its
passage;
Passed July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate,
Approved July 8, 1870.
D. W. C. SENTER,
Governor,
181
CHAPTER CNVI1.
AN ACT to amend an Act entitled "An Act for the formation of
Etlieridge, County."
a
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed May 31, 1870,
entitled "An Act for the formation of Etheridge Conn-
ty," be so amended as to authorize and empower the Com-
missioners appointed under and by virtue of said Act, to ™ tr.
make such changes in that part of the boundary line of boundary,
said new county as applies to Henderson and Madison
Counties, by either extending or contracting the same as
in their discretion they may deem the interest of the peo-
pie of said fractions require.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed Julv 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives..
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. IV. C. SENTER,
Governor.
CHAPTER CXVIII.
AN ACT t© > 'hange the Line Between Cannon and DeKalb Counties.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the 10th Section of Chapter
196 of the Acts of 1859-60, which detaches from the
County of Cannon a portion thereof, and attaches the
same to the County of DeKalb be, and the same is hereby repealed,
repealed, and the said territory is hereby re-attached to
the County of Cannon, so that the dividing line between
.said counties shall be as it was previous to the passage of
said law.
Sec. 2. Be it further enacted, That this Act shall take
effect, the public welfare requiring it, from and after its
passage.
Passed Jujqq29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS.,
Speaker of the Senate.
Approved July 7, 1870. D. W. G. SENTER,
Governor..
182
CHAPTER CXIX..
AN ACT *o Defray the Current Expenses of this Session of the
General Assembly.
Section I. Be it enacted by the General Assembly of
Comptroller the State of Tennessee, That the Comptroller issue his war-
to issue war- rant to each member of the Senate and House of Repre-
rants. sentatives for the sums stated to be due each in the an-
nexed report of the Committee on Finance.
Sec. 2. Be it further enacted, That the Comptroller
Sitaie. issue his warrant to the officers of the Senate and House
of Representatives for the sum stated to be due to each
in the annexed report of the Committee on Finance
Ways and Means, of the Senate and House of Represen-
tatives.
senators-;
Lilt,
Sen
due
at or.
X. A. D. Bry
Favor Cason,
J. M. Clementson,...
Edmund Cooper,....
Henry Cooper,
John Cubbins,
J. R. Eason,
Emerson Etheridge,.
Asa Faulkner,
Wm. Greene,
W. M. Hall
J. S. Hart,
1). W. Hawes,
J. C. Luttrell,
Ac C. Martin,
M. R. Milisaps,
Jonathan Mori is,. ...
I). M. McFali,
P. P. C. Xelson
J. G. Palmer,
Balie Peyton,
A. A. Pearson,
L. F. Self,
1 f f
22 <3
^ i K
C ! s
& \ ^
I NO. DAYS.
PER DIEM.
|
i H
L JL
516.1 85.26164 256
338.56
8Gi 12.80
268.80
412 65.92
| ^
321.92
126: -20.16 "
276.16
1" "
256.00
600: 96.00
1 a a
352.00
130; 20.80
1 tc ii.
i 276.80
268 42.88
a
! 298.88
2101 33.60
^ u
! 289.60
0901110.40
a a
j 366.44
300! -48.00.
u u
i 304.00
70l 11.20
a a
! 367.20
1601 25.60
a. u
i 281.60
522! 83.52
a .. u
! 339.52
256, 40.96
« a
i 296.96
2661 42.56
298.56
200: 32.00
a -c \
288.00
36 5.76
a u \
261.76
740 118.40
U I
374.40
590! 94.40
a u j
350.40
48: 7.68
a a |
263.68
302! 48.32
a (c J
304.32
6741107.84!
363.84
4781 76.481
a j .<
332.48
183
w
w
m
b*
H
ft
SENATORS.
S
o
<
r*
<1
c'
«
<
H
ft
%
ft
w
P4
O
H
D. B. Thomas, Speaker,
156
24.96
64
384
408.96
0. A. Howard, P. Clerk,....
a
a
384.00
P. S. Williams, E. Clerk,...
u
u
384.00
Clay Newland, Asst. Clk,...
a
(C
384.00
W. R. McCall, Doorkeeper,
u
256
256.00
Elias Polk, Porter,
a
256.00
each Senator
HOUSE OF
REPRESENTATIVES.
J. H. Agee,
d. P. Baber
♦fames H. Baker,—
Thomas Barry,
William Barton,
X I. R. Boyd,
B. Boyett,
P. M. Brash ear,
James M. Bright, ...
Henry Brown,
Zach Bryant,
"W. P. Caldwell,
R. W. Casey,
J. W. Clark,
R. B. Cheatham,....
F. D. Clark,
♦Samuel L. Colvilie,.
A. W. Cox,
J. D. Curl,
Robert I. Chester,..
J. R. Dillin,
W. A. Dunlap,
W. H. Eckel,
B. A. Enloe,
<}. N. Everett,
John M. Fleming,..
MILES.
O
DAYS.
S
W
M
«
J
o
d
PS
R
o
ft
3
ft
R
R
606
96.96
64
256
352.96
600
9.60
«
({
265.60
700
112.00
u
((
368.00
54
8.64
u
u
264.64
92
14.72
u
n
270.72
762
123.92
ec
u
379.92
356
56.96
u
u
312.96
260
41.60
u
a
297.60
244
39.04
a
u
295.04
374
59.84
u
C(
315.84
280
44.80
u
a
300.80
290:
j 47.40
u
a
303.40
164
. 26.24
((
u
282.24
360
. 57.60
u
«
313.60
n
a
256.00
150
: 24.00
<(
a
280.00
210: 33.60
' «
u
289.60
100
16.00
1 "
((
270.00
600
96.00
1 tt
a
352.00
375: 60.00
8
32
92.00
40 6.40
64
256
262.40
135
21.60
«
a
277.60
634
101.44
a
a
357.44
266
42.26
u
((
298.26
150
24.00
a
a
280.00
526
84.16
<(
u
340.16
Amount <lue
each Rep.
184
;tch Rep.
HOUSE OF
REPRESENTATIVES.
to
H
A
M
S
o
ft
MILEAGE.
£
<
o
ft
_|
PER DIEM. '
!
| TOTAL.
G. H. Glenn,
70
1 11,2C
I 64
t 256
1 267.20
G. P. Hampton,
176
: 28,16
1 "
a
284.16
J. W. Harris,
136
; 21.76
; "
a
277.76
lluc D. F. Harrison,
466
74.56
» U
u
330.56
W. F. Hinkle,
340
' 54.40
i «
((
312.40
J. G. Hornberger,
124
19.84
u
u
275.84
J. H. Hunley,
606
96.96
u
u
352.96
E. A. James,
302
48.32
a
304.32
J. R. James,
100
16.00
a
272.00
S. H. Jones,
400
64.00
a
cc
320.00
W. D. Keenev,
560
89.60
a
u
345.60
W. J. Kelley,
260
41.60
a
a
297.60
George Kenney,
660
105.60
cc
361.60
D. H. King,
375
60.00
a
u
316.00
Ben. B. Knight,
172
31.52
a
a
287.52
Jos. A. Lackey,
400
64.00
it
320.00
Jos. A. Layman,
600
96.00
a
a
352.00
J. G. Longacre,
260
41.60
a
297.60
W. R. McBath,
520
83.20
u
339.20
. J. L. McClary,
426
68.16
a
322.16
M. L. McConnell,
554
88,64
a
344.64
Thomas B. McElwee,
410
67.20
a
a
323.20
W. S. McGaughey,
674
107.84
a
363.84
Merida Morrison,
300
32.00
a
288.00
Jas. H. Neil,
126
20.16
iC
276.16
A. D. Nicks,
66
10.56
(C
a
266.56
W. T. Nixon,
150
24.00
(C
280.00
J. F. Owen,
442
70.72
a
326.72
Peter Pearson,
250
40.00
a
296.00
B. S. Rhea,
u
a
256.00
E. W. Rose,
168
28.88
u
a
284.88
J. L. Rosson,
500
80.00
((
a
336.00
W. B. Russell,
100
16.00
a
272.00
L. Russell,
60
9.60
a
265.60
W. R. Sadler,
188
30,08
a
286 08
J. C. Sanders,
158
25.28
a
281.28
J. F. Scott,
638
102.08
a
a
358.08
H. R. Sherrod,—
500
80.00
a
336.00
F. S. Singletary,., .
762 :
121.92
a
377.92
John Slack,
788426.08
((
"
382.08
185
HOUSE OF
REPRESENTATIVES.
02
w
3
o
MILEAGE.
cc
><
ft
o
PER DIEM.
H
O
H
Fred. Slimp,
848
135.68
64
256
391.68
"Win. Smith,
716
114.56
u
. a
370.56
R. Snodderly,
586
93.76
((
a
349.76
A. L. Spears,
220
35.20
a
a
291.20 Amount dm
Abner A. Steele,
130
20.80
a
a
276.80 each ReP-
M. Stephens,
320
51.20
u
u
307.20
Atha Thomas,
36
5.76
i(
a
261.76
H. Townsend,
600
96.00
a
a
352.00
E. J. Tucker,
600
96.00
a
a
352.00
I. D. Walker,
c(
"
256.00
S. L. Warren,
425
68.00
u
<e
324.00
W. A. West,
200
32.00
u
a
288.00
James White,
676
108.16
a
a
364.16
W. B. Wilson,
94
15.04
u
u
271.04
R. G. Yoakum,
600
96.00
i'.
a
352.00
Henry Young,
250! 40.00
a
a
296.00
W. O'N. Perkins, Speaker..
36
5.76
a
384
389.76
Yeill S. Brown, Jr., P. Clk
u
a
384.00
T. H. Reeves, Ass't. Clerk.
10
601 60.00
J. F. Slover, Engross'g "
64
384
384.00
E. F. Cheatham, Ass't "
35
210
210.00
A. F. Fleming, P. D. K....
64
256
256.00
J. L. Finnegan, Asst D. K.
a
256
256.00
Jesse Woods, Porter H. R..
cc
192
192,00
Isaac Clemons, Ass't Porter
a
(C
192.00
J< F. Slover, Ass't Clerk,
vice E. F. Cheatham,..
29
174
174.00
Clay Roberts, Ass't Clerk,
vice T. H. Reeves, re-
signed
54
: 324
324.00
Sec. 3. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer to the Engrossing Extra pay for
Clerk of the Senate for the sum of twenty-eight dollars, En. (lerk of
for extra Clerk hire in enrolling the Acts of the first
session of this General Assembly.
Sec. 4. Be it further enacted, That D. C. Slaughter,
A. A. Pearson and L. Russell be allowed eighty-four .
dollars, ($84.00) each, for twenty-one days service on Coj^'apC!mt
Special Joint Committee to investigate charges preferred
against the Hon. A. J, Fletcher, late Secretary of State.
186
Sec. 5. Be it further enacted, That the Comptroller
Her,* C:< ik {SiSll0 p}s warrant to John F. Slover, Engrossing Clerk,
!<uv' for the sum of fifteen dollars, for extra Clerk hire at the
last session.
Sec:. 6. Be it further enacted, That the Comptroller is-
l\r lor pa- suc his Avarrant on the Treasurer, to pay the publishers
p and proprietors of newspapers for the papers furnished the
General Assembly up to the end of this session, at the
current subscription price of the same; Provided, said.
I>l jV!;vi' payment shall be made in accordance with a resolution,
passed by this General Assembly, regulating the number
of papers each member and officer of the General Assem-
bly shall receive at the expense of the State.
Sec. 7. Be it further enacted, That the Comptroller
tv-hcw. issue his warrant on the Treasurer for $70.04 in favor of
Enos Hopkins, Postmaster at Nashville, for postage on
newspapers furnished the General Assembly.
Sec. 8. Be it further enacted, That the Comptroller
Ik 'jf.lnvc-.ii- issue his warrant on the Treasurer to J. M. Clementson,
-mu* <>uS. r# F q Nelson, John S. Hart and W. M. Hall, for their
per diem, as members of the Railroad Investigating
Committee, from the 15th day of March to the 8th of
May, 1870, inclusive, and that Clay Newland be allowed
per diem from the 20th of March to the 8th day of May,
inclusive, as Clerk of the Railroad Committee.
Sec:. 9. Be it further enacted, That the Comptroller
School is^ue his warrant to Wm. Greene, N. ,A. Di Bryant,
(<om " James White, S. L. Warren and W. T. Nixon, for their
per diem, as members of the School Fund Committee,
from the 21st day March to the 8th day of May, 1870,
inclusive; and also to Jonathan Morris,for his per diem,
for seven days as. a member of said committee.
Sec. 10. Be it further enacted, That the Comptroller
c ip'e.ol ir- shall issue his warrant on the Treasurer to Underwood &
pai-s. Bell, for the sum of four hundred and eighty-five dollars,
($485) for painting and repairing the roof of the Capitol,
as per contract, whenever the work is done to the satis-
faction of the committee, the same to be paid out of any
money in the Treasury not otherwise appropriated.
Sec. 11. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer to A. F. Fleming,
Scrgeant-at-Arms, on account of expenses incidental to
procuring the attendance of witnesses before the
Committee on School Fund Frauds, raised under
Witnesses. S. J. R. No. 7, and that the same be paid upon the pres-
entation of proper vouchers, signed by the. Chairman of.
said Committee on School Fund Frauds; also for similar:
187
services rendered in procuring the attendance of witnesses
before the Joint Committee on Railroads, and the Com-
mittee on the Agricultural School Scrip ; Provided, that proviso_
nothing in this section shall be so construed as to allow
A. F. Fleming, Sergeant-at-Arms, any more or greater
pay than for mileage actually traveled by him, at the rate ger
allowed by law to witnesses, and fifty cents for each wit-
ness actually summoned by him ; and, provided further, Proviso,
that he be allowed his per diem pay as Door-keeper, from
the 8th of March to the 8th of May, 1870, inclusive, for
attendance and services rendered.
Y Sec. 12. Be it further enacted, That there shall be
printed of the Acts of this session of the General Assem-
bly, for distribution, the same rumber and for the same Lawb-
public officers as was fixe^by a joint resolution in refer-
euce to the distribution of the Acts and Journals adopted
November 16, 1869.
Sec. 13. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer in favor of J. D. Lock- Clerk of In
hart, Clerk of the Railroad Investigating Committee, for vestigating
his per diem, from the 9th of March to the 11th day ofCom-
July, 1870, inclusive, at the rate of six dollars per clay;
also, in favor of Jesse Woods, Porter of the House, for Porter,
waiting on various investigating committees, from the
15th of March to the 8th of May, 1870, inclusive, at the
rate of four dollars per day.
Sec. 14. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer in favor of A. L.
Spears, Atha Thomas, Joseph S. Rosson, H. Townsend Owes-
and John M. Fleming, members of the Railroad Inves- t!Satni£
tigating Committee, their per diem pay, from 15th March
to 8th day of May, 1870, inclusive; and also to W. O'N. "VT.O.'N. Prr-
Perkins, his per diem, for similar services, from 21st k liS-
March to 8th May, 1870, inclusive.
Sec. 15. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer in favor of John F. Clerk hire.
Slover, Engrossing Clerk, for forty dollars, for additional
Clerk hire this session, also, in favor of Isaac demons, Porter.
Porter, for 21 days extra labor at the Capitol, during the
recess.
Sec. 16. Be it further enacted, That the Comptroller
issue his warrant in favor of John L. Finnegan, Assist- Ass. Door-
ant Door-keeper, for five dollars, for expenses in sum- keeper,
raoning witnesses to appear before the School Fund
Fraud Committee.
Sec. 17. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer in favor of W. D.
188
Witness fees. Robinson, for ten dollars, his fees as a witness in <he con-
tested election case of Dillin and Fleming, during the first
session of this General Assembly.
Sec. 18. Be it further enacted, That the Comptroller
, be, and he is hereby directed to issue his warrant to the
iiehs 1*°acl1 8 widow and minor children of the Hon. I. J. Roach, de-
ceased, for the sum of two hundred and twelve dollars;
il. Ilcis also to H. Heis. for the sum of sixty-two dollars, for ex-
penses in searching for information for the Agricultural
School Scrip Committee.
A. ,1. Fletcli- Sec. 19. Be it further enacted, That the Comptroller
'r- Com. issue his warrant to J. L. Finnegan, for eighty-four dol-
lars, for twenty-one days services waiting on committee
to investigate the conduct of A. J. Fletcher; also, for the
summoning of four witnesses, two dollars. 7
"Porter of Sen Sec. 20. Be it further enacted, That the Comptroller
issue his warrant on the Treasury, in favor of Elias Polk,
Porter of the Senate for thirty-one days services, at four
dollars per day, for services rendered after the adjournment
En. Cl'k of the General Assembly; also, that Jesse French be al-
lowed per diem as Assistant Enrolling Clerk, from the
9th day of May to the 11th day of July, inclusive.
Finance Cora ®EC- 21. Be it further enacted, That L. F. Self be al-
lowed his per diem, for ten days services upon Committee
to investigate the financial condition of the State.
Sec. 22. Be it further enacted, That the Comptroller
credit the Treasurer with one hundred and seventy dol-
lars, it being for the amount furnished the School Fund
4rtRutter Committee, by J. E. Rust, late Treasurer, and advanced
.is mess. £0 (jp Rutter, while in New York, and to pay said
Rutter as a witness before said committee.
Sec. 23. Be it further enacted, That the Comptroller
of the Treasury issue his warrant to each of the follow-
Witnesses witnesses, summoned before the School Fund Com-
mittee, for the amount hereinafter stated, as mileage and
day attendance.: To Jesse F. Brown, fifty dollars; to T.
W. Brown, forty-six dollars, to T. B. McElwee? fifty-
nine dollars and sixty cents; John Osment, thirty-six
dollars and eighty cents, and to S. "VV. Hatchett, thirty
dollars. W. O'N. PERKINS,
Passed July 11, 1870.
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 11, 1870.
D. W. C. SENTER,
Governor
18SP
CHAPTER CXX.
AK ACT to Incorporate the Brownsville Manufacturing Cdmpanyy
and lor other purposes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Phillip Yancey, James
Bond, R. S. Thomas, A. H. Bradford, H. J. Livingston,
C. F. Read, C. P. Taliaferro, W. A. Allen and Wm. W„
Vaughn, or a majority of them, and such other persons
as may hereafter be associated with them, and their sue-
cessors are hereby formed a body corporate and politic,
by the name and style of the " Brownsville Manufactur- ^ ;
ing Company," for the purpose of manufacturing goods Man f'=
and other articles from cotton, wool, hemp, silk, iron and
flour, and for the making or erecting of every kind of
machinery or other implements; and the said company is
empowered to make and use a common seal, and the same
to break, alter or renew at pleasure ; to sue and be sued; Have Se
plead and be impleaded ; answer and be answered in all
courts having competent jurisdiction5; to have succes-
sion for fifty years; contract and be contracted with;
to hold any real or personal property, by purchase,
mortgage, gift or otherwise, which may be convenient
for the purpose of carrying on its operations, or
or which it may become possessed of in paymentof debts
due to it, in whole or in part, and to dispose of said real
and personal estate by sale or otherwise; Provided, nev- pr0viso.
ertheless, that the real estate so held, at no time exceed
the maximum of its capital hereinafter provided for.
Sec. 2. Be it further enacted, That the capital stock gtock
of said company shall be divided into shares of fifty dol-
lars each; shall consist of not less than two hundred,
shares, nor more than two thousand; shall be transferr-
able only on the books of the company, and then only
by the consent of the Board of Directors, unless the
whole amount of instalments due thereon shall have been
previously paid. Said company shall have power to de- powerg,
clare forfeited to it any stock which may remain unpaid,
in whole or in part, or it may, at its option, sue for and
recover the unpaid amount, before any tribunal having
jurisdiction of such sums; first, however, giving thirty
days notice of such call having been made, and shall
have power to make and put in execution such by-laws,
ordinances and resolutions as they may deem necessary
or expedient for the government of said corporation, and
not inconsistent with the Constitution and Laws of the
State of Tennessee,-or ot the United States, and generally
190
to do and execute all and singular, the acts, matters and
things which may be necessary to successfully carry on
p.iV.vis)() the business of manufacturing; Provided,, that no stock-
holder shall be liable beyond the amount of his, lwr
or their unpaid stock.
Sec. 3. Be it farther enacted, That the persons, or any
three or more of them hereinbefore named, in the lirst
Com. to open section of this Act, are hereby appointed Commissioners
nooks. to open books for subscriptions of the capital stock of
said company, and when the number of two hundred
shares, or greater number, not exceeding two thousand, as
may be determined on by said Commissioners, shall have
been subscribed for, the stockholders shall proceed to elect
five Directors (each share subscribed being entitled to one
vote) who, with a President to be elected by them from
their own body, shall manage the affairs of said corpora-
• )rgani/,atio» anfj may tqejr 0ffices for the term of one year, or
until their successors are elected arid qualified; said Board
of Directors, or a majority of them, shall have the fur-
ther power to elect a Secretary and Treasurer from their
body, or from the stockholders, who shall hold their of-
fees for such length of time, and receive such compensa-
tion for their services as shall be fixed upon by said Board
of Directors. Should there be a less number subscribed
for than two thousand, the company, when organized,
may increase in such manner as it deems proper, so as not
to exceed the largest sum authorized.
Sec. 4. Be it further enacted, That the Board of Di-
Vacancies. rectors shall have power to fill all vacancies in the offices
of President, Secretary and Treasurer, caused by death,
resignation, removal, or otherwise; and the persons so
elected by them shall hold their places for the unexpired
term, and until their successors are elected and qualified.
Sec. 5. Be it further enacted, That Nat Tiptoil, D. C.
Slaughter, R. H. Mum ford, R. S. Barrett, J. H. Cum-
mins, J. S. Cothran, S. J. Bradshaw, W. H. Wooten, L.
Hill, S. W. Still and C. B. Hall, or a majority of them
Name. and their successors, arc hereby formed a body corporate
and politic, by the name and style of the "Covington
Woolen Manufacturing Company," and empowered un-
der name and style, to sue and be sued, to plead and be
impleaded, in all the different courts of the country; that
the capital stock of said company shall not be less than
ten thousand, nor more than fifty thousand dollars, to be
divided into shares of twenty-five dollars each.
Sec. 6. Be it farther enacted, That said "Covington
Woolen Manufacturing Company" shall be allowed the
191
same rights, powers and privileges, and subject to the
same restrictions as the "Brownsville Manufacturing
Company," under the foregoing provisions of this Act,
and that this Act take effect from and after its passage.
Passed February 24, 1870.
W. O'N. PERKINS,
Speaker of the .House of Representatives,
I). B. THOMAS,
Speaker of the Seriate*
CHAPTER CXXI.
AN ACT to Amend tlie Lien Law.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That any debt by note, account
or otherwise contracted for supplies, implements of in-
dustry or work stock furnished by the owners of land,
to lessees, or by lessees to sub-tenants, and used in the
cultivation of the crop shall be, and constitute a lien upon
the crop growing or made during the year upon the prem~-
ises in as full and perfect a manner as now provided in
sections 3,539, 3,540, 3,511, 3542 in the Code oi Tennes--
see with regard to rents; Provided, the said lien is ex-
pressly contracted for on the face of the note, or
writing between the owners of the land and lessees,
or between the lessees and sub-tenants; And, provided
further, that the agreement or contract so entered into
shall not have priority of lien over the lien of the
owner of the land for the rent.
Sec. 2. Be it further enacted,, That this Act take ef-
feet from and after its passage.
Passed January 12, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
E>. B. THOMAS,
Speaker of the Senate,
RESOLUTIONS.
NUMBER I.
RESOLUTION Directory to the Treasury of the State.
Resolved by the, General Assembly of the State of Ten-
nessee7 That the Treasurer of the State is hereby directed
to demand from the " Mineral Home Railroad" and from
" the Exchange and Deposit Bank at Knoxville," the one
hundred thousand dollars in bonds of the State, the pos-
session of which was heretofore obtained by the President
Of said " Mineral Home Railroad," and which, according
to the report of the Special Committee on Railroads, have
been sold by " the Exchange and Deposit Bank of Knox-
ville" in direct violation of the law, and upon the failure
of the officers of the " Mineral Home Railroad" and of
the " Exchange and Deposit Bank of Knoxville," to fully
account with the Treasurer of the State for the said bonds,
then and in that event the Attorney General of the State
is hereby directed, immediately to institute legal pro-
ceedings for the recovery of the same in the name of the
State of Tennessee.
Adopted May 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D W. C. SENTER,
Governor.
13
194
NUMBER II.
JOINT RESOLUTION to Burn Tennessee money in the hands of
the Treasurer.
Whereas, The revenue laws of the State provide for
receiving the old issues of the Bank of Tennessee in pay-
ment for taxes due the State; and
Whereas, Said law also provides that one-fourth of
the amount of Tennessee money so paid into the Treas-
ury shall be cancelled; and
Whereas, There is now in the hands of the present
Treasurer $315,000 in the issues of said bank; and
Whereas, The present State Treasurer is soon to re-
tire from his office; Now, therefore,
Be it resolved by the General Assembly of the State of
Tennessee, That a committee of three on the part of the
Senate, and three on the part of the House, be appointed
a committee, to count and burn the notes of the Bank of
Tennessee, issued prior to the 6th day of May, 1861, said
sum of three hundred and fifteen thousand dollars, ($315,-
000) of Tennessee money.
Resolved further, That before sa'd committee shall de-
stroy said money, by burning, they shall count the same
and take a certificate from the Trustee of the Bank of
Tennessee, showing the amount of the notes of said Bank
so burned by said committee; said certificate of said
Trustee shall acknowledge the indebtedness of the Bank
of Tennessee, to the State of Tennessee, for the amount
of such old issues of the Bank of Tennessee, so burned
by said committee.
Resolved further, That said money shall be burned at
and before the same shall pass into the hands of the in-
coming Treasurer.
Resolved further, That said committee report to the
present session of this General Assembly; said commit-
tee shall also burn the Tennessee money (old issues) col-
lected by S. Watson, Trustee, &c., of the Bank of Ten-
nessee.
Adopted June 3, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 11, 1870.
D. W. C. SENTER,
Governor.
195
NUMBER III.
SENATE JOINT RESOLUTION Appointing a Committee tp Settle
with the Treasurer.
Resolved by the General Assembly of the State of Ten-
nessee, That a joint committee, composed of two on the
part of the Senate and three on the part of the House of
Representatives, be appointed, whose duty it shall be to
carefully examine the accounts and vouchers of J. E.
Rust, the present Treasurer of the State, and to settle
with him, as required by section 223 of the Code.
Adopted May 16, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 16, 1870.
D. W. C. SENTER,
Governor.
NUMBER IV.
SENATE .JOINT RESOLUTION Constituting a Joint Judiciary
Committee.
Resolved by the General Assembly of the State of Ten-
nessee, That the Judiciary Committee of the Senate and
the Judiciary Committee of the House of Represents-
tives, be constituted a joint committee, to whom shall be
referred all matters of a legal character, that may be re-
ported upon, to the General Assembly, by the Special
Committee on the subject of Railroads.
Adopted May 16, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 26, 1870.
D. W. C. SENTER,
Governor
196
NUMBER V,
* HOUSE JOINT RESOLUTION Direetory to- the Comptroller.
... Resolved by the General Assembly of the State of Ten-
ne$see, That the Comptroller be authorized and directed
to issue his warrant to each member and officer of this
body for the sum of five dollars, for postage money.
Adopted May 18, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 23, 1870.
D. W- C. SENTER, Governor.
NUMBER VI.
JOINT RESOLUTION Appointing a Joint Committee to Wait Upon
His Excellency, the Governor, etc.
Resolved by the General Assembly of the State of Ten-
nessee, That a joint committee of two on the part of the
Senate and three on the part of the House of Representa-
tives; be appointed to wait upon His Excellency, the
Governor, and notify him that the present session of the
General Assembly of the State of Tennessee has convened
and are ready to receive any communication that he may
desire to make to them, in regard to the condition of the
State.
Adopted May 10, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved May 26, 1870-
B. W. C. SENTER,
Governor.
197
NUMBER VII.
RESOLUTION for the Purpose of Appointing a Committee to Re-
district the State.
Resolved by the General Assembly of the State of Tm-
nessee, That a committee of six on the part of the Senate,
composed of two from each of the three grand divisions
of the State, and twenty-one on the part of the House, be
appointed to lay off the State into Judicial Districts and
Chancery Divisions, and report by bill or otherwise.
Adopted May 15, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 26, 1870.
D. W. C. SENTER,
Governor.
NUMBER VIIL
JOINT RESOLUTION Raising a Committee of Inquiry.
Whereas, A card over the name of John Baxter, ap-
peared in the " Knoxville Chronicle," on the morning of
the 17th inst., in which it is stated, (referring to the Rail-
road Investigating Committee) that it is well understood
here that a portion of them have been bought up by the
corruptionists; and
Whereas, The Special Committee on Railroad In-
vestigation deem it due to themselves, as a matter of jus-
tice, both collectively and individually, to ask this General
Assembly to raise a committee whose duty it shall be to
demand of the author of said imputations, to produce the
names ol the corruptionists, and the names of that por^
tion of the members of the committee who were bribed;
therefore,
198
Be it resolved by the General Assembly of the State of
Tennessee, That a committee of one on the part of the
Senate and two on the part of the House, be raised, whose
duty it shall be, to inquire and demand of the author of
said imputation, the name of the corruptionists, and the
members of the committee who were bribed, and report
the same to this General Assembly.
Adopted May 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 26, 1870.
D. W. C. SENTER,
Governor.
NUMBER IX.
RESOLUTION to Print Reports of tlie Special Committee on
Railroads.
Resolved by the General Assembly of the State of Ten-
nessee, That the reports made by the Special Committee
on the subject of the management of the Railroads of
the State, in relation to the "Mineral Home Railroad,"
to the " Rogersville and Jefferson Railroad," to the
" Knoxville and Charleston Railroad," to the "East
Tennessee and Western North Carolina Railroad," to the
" Pacific Railroad," together with the evidence in each
case, be printed, and that five hundred (500) copies of the
same be printed for the use of the members of this Gen-
eral Assembly.
Adopted May 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved Mry 26, 1870.
D. W. C. SENTER,
Governor^.
199
NUMBER X.
RESOLUTION Directory to the Comptroller of the Treasury.
Resolved, by the General Assembly of the State of Ten-
nessee, That the Comptroller issue his warrant to any
person who is now, or who has been a Clerk in either of the
County Courts of this State, for the amount of any costs
that may have been heretofore adjudged against them, or
which may be hereafter adjudged against them in the sev-
eral courts of this State, in suits relative to the collection
of the revenue of the State, and especially in cases involv-
ing the liability of collectors of revenue in receiving the
notes of the Bank of Tennessee, in payment of taxes due
to the State.
Adopted May 24, 1870.
W. O'N. PERKINS,
Speaker of the Rouse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 26, 1870.
D. W. C. SENTER,
Governor.
NUMBER XI.
HOUSE JOINT RESOLUTION Directory to tlie Committees oa
ihe Judiciary of the House of Representatives and Senate.
Whereas, Article, 11, Section 8, of the Constitution
of the State of Tennessee, prohibits the Legislature from
creating any corporation or increasing or diminishing the
powers of corporations by special law ; Therefore,
Resolved, that the House and Senate Committees on
the Judiciary be, and they are hereby constituted a Joint
Committee to draft and report to this General Assembly
a general law, as provided for by Article 11, Section 8, of
the new Constitution.
Adopted May 25, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 4, 1870.
D. W. C. SENTER,
6r Qvernor.
200
NUMBER XII.
SENATE JOINT RESOLUTION Authorizing the Comptroller to
Employ Counsel, and have certain Mortgages Foreclosed.
Whereas, The Legislature of this State, did by all
Act passed February 5, 1852, incorporate the Dyersburg
and Mississippi River Turnpike and Plank Road Com'-
pany; and,
Whereas, Pursuant to said Act, twenty-five thousand
dollars in the bonds of the State were issued to James
Fields and his associates, under the name of the Dyers
burg and Mississippi River Turnpike and Plank Road
Company; and,
Whereas, The State of Tennessee did, on the first
day of January, 1866, lund $6,000 of the interest due on
said bonds; and,
Whereas, Mortgages were given to the State on va-
rious tracts of land in consideration of the issuance of
said bonds by said Fields & Co., and to secure the pay-
ment of the same; now, therefore,
Be it resolved by the General Assembly of the State of
Tennessee, That the Comptroller, be, and he is hereby
authorized to employ counsel, learned in the law, at as
reasonable rates as possible, to foreclose said mortgage
or mortgages, so given to the State of Tennessee, by said
James Fields & Co., or any of them.
Adopted June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 16, 1870.
D. W. C. SENTER,
Governor
201
NUMBER XIII.
HOUSE JOINT RESOLUTION Authorizing the Comptroller and
StateTreasurer to Effect a Loan of Thirty Thousand Dollars.
Whereas, The finances of the State are such that the
Treasurer is unable to meet the current expenses of the
Generally Assembly and Judicial and Executive salaries;
therefore,
Be it resolved by the General Assembly of the State of
Tennessee, That the Comptroller and Treasurer, be, and
they are hereby authorizedto effect a temporary loan to the
sum of thirty thousand dollars upon the most favorable
terms practicable, which loan shall have a priority over all
claims in its payment, out of such funds as may be paid
into the State Treasury, and not otherwise appropriated.
Adopted June 3, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 8, 1870.
D. W. C. SENTER,
Governor.
NUMBER XIV.
HOUSE JOINT RESOLUTION Directory to the Committee on
Public Grounds and Buildings.
Be it resolved by the General Assembly of the State of
Tennessee, That the Committee on Public Grounds and
Buildings, be requested to inquire into the expediency of
having the grounds around the Capitol Building, cleaned
and put in good condition, and to inquire into the cost of
having said grounds put in thorough repair.
Adopted May 18, 1870.
W. CN. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved Jue 9, 1870.
D. W. C. SENTER,
Governor.
202
NUMBER XV.
HOUSE JOINT RESOLUTION Directory to our Senators and
Representatives in Congress in regard :o the United States Mail
Route from Padueah, Kentucky, to Eastport, Mississippi.
Whereas, The contractors on the United States Mail
route from Padueah, Kentucky, to Eastport, Mississippi,
have received official notice from the Postoffice Depart-
ment, at Washington, that the mails on said routes would
be discontinued after the first of July next, for the rea-
son, that said rout was considered an unimportant one;
and,
Whereas, The said mail route embraces a distance of
two hundred and sixty-five- miles, on the largest naviga-
ble stream of our State, supplying nearly one-fifth of the
countries of this State with mails, there being on said route
twenty-six established Postoffices, and over one hundred
public steamboat landings; and
Whereas, The people of this section of the State
have paid the taxes levied on them by the United States
Government, without complaint or murmur, and as they
regard this order extremely unjust in thus depriving them
of their mail facilities; therefore,
Be it resolved by the General Assembly of the State of
Tennessee, That our Senators and Representatives in Con-
gress be, and the same are hereby requested to use their
influence in revoking the order for the discontinuance of
mails on the route between Padueah and Eastport, and
to urge upon the proper authorities a continuation of the
contract for United States mails on said route.
Be it further resolved, That a copy of these resolutions
be transmitted to each of our Senators and Representa-
tives in Congress.
Adopted June 9, 1870.
W. O'N. PERKINS;
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate,
Approved June 17> 1870.'
D. W. C. SENTER,
Governor.
203
NUMBER XVI.
HOUSE JOINT RESOLUTION Tendering the Use of the House
of Representatives to Rev. E. H, Osburn.
Be it resolved by the General Assembly of the State of
Tennessee, That the use of Hall of the House of Repre-
sentatives be tendered to the Rev. E. H. Osburn, agent
for the Tennessee Home for Inebriates, for the purpose of
delivering an address on the subject of his agency, this
afternoon at 5 o'clock, and that the members of the Sen-
ate be requested to attend.
Adopted Ju 10, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. C. SENTER,
Governor.
NUMBER XVII.
HOUSE JOINT RESOLUTION Granting the use of the Hall of the
House of Representatives to the General Assembly of the Cumber-
land Presbyterian Church of the United States, in which to hold
its Sessions.
Be it resolved by the General Assembly of the State of
Tennessee, That the use of the Hall of the House of
Representatives be granted to the General Assembly of
the Cumberland Presbyterian Church of the United
States, in which to hold its session, beginning on the
third Thursday in May, 1871; Provided, the Legislature
is not in session.
Adopted June 9, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives^
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. W. a SENTER,
Governor* ■
204
NUMBER XVIII.
HOUSE JOINT RESOLUTION Appointing a Committee to have the
Roof of the Capitol Repaired.
Whereas, The present dilapidated condition of the
roof of the Capitol demands early attention; and,
Whereas, The present Superintendent may not feel
fully authorized to contract for the necessary repairing;
therefore,
Be it resolved by the General Assembly of the Stale of
Tennessee, That a committee of two on the part of the
House, the Superintendent of the Capitol, and one on the
part of the Senate, be appointed, whose duty it shall be
to employ some competent person to do and perform such
repairs upon the roof of the Capitol as said committee
may deem necessary for the protection of the roof and
the building, and that the charges therefor shall be
reckoned in the General Appropriation Bill for this ses-
sion of the General Assembly.
Adopted June 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved Junel7, 1870.
D. W. C. SENTER,
Governor.
NUMBER XIX.
HOUSE JOINT RESOLUTION Appointing a Committee to report
Description of Bonds issued Contrary to Law.
Whereas, By the Internal Improvement Law of 1852,
and other Acts, making appropriations to Railroads, cer-
tain conditions were imposed, to be complied with before
issuance of bonds; and
Whereas, In the opinion of this General Assembly,
bonds issued in violation of any such conditions, are ille-
205
gal and void, and a fraud upon the tax-payers of the
State; therefore,
Be it resolved by the General Assembly oj the State oj
Tennessee, That a Joint Committee of three from the
House, and one from the Senate, be appointed to compile
and report from the records in the Comptroller's and bee-
retary of State's offices, and the report of the Railroad
Investigating Committee, the number and particular de-
scription of each bond issued contrary to any condition ex-
pressed in the law authorizing the issuance of bonds.
Adopted June 9, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 17, 1870.
D. C. W. SENTER,
Governor.
NUMBER XX.
SENATE JOINT RESOLUTION Directory to Joint Special Com-
mittee appointed under Senate Joint Resolution No. 13.
Be it resolved by the General Assembly of the State of
Tennessee, That the Special Committee, appointed under
Senate Joint Resolution No. 13, to burn the issues of the
Bank of Tennessee, received by the Treasurer of the State
in payment of revenue, who have in their custody the re-
ceipt of S. Watson, Trustee, showing the amount so
burned, and acknowledging the indebtedness of the Bank
of Tennessee for the amount of the circulation so burned,
deposit receipt with the Treasurer of the State, taking
his receipt for the same, which receipt of the Treasurer
they will deposit with the Comptroller of the Treasury,
to be charged up against the Treasurer.
Adopted June 21, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 24, 1870.
D. W. C. SENTER,
Governor.
206
CHAPTER XXI.
HOUSE JOINT RESOLUTION in Regard to Printing and Distn-
buting the Journals of the late Constitutional Convention of this
State.
Be it resolved by the General Assembly of the State of
Tennessee, That the Comptroller, be, and he is hereby
authorized to audit the bills of Jones, Purvis & Co.,
Public Printers for the State, for printing and binding
twenty-five hundred copies of the Journal of the late
Constitutional Convention of this State, and that he issue
his warrant therefor to the amount authorized by law.
Adopted June 24, 1870.
W. O N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 25, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXII. •
SENATE JOINT RESOLUTION Directory to the Committees on
Enrolled Bills.
Whereas, There was enacted by the General Assem-
bly of the State of Tennessee, at its past session, " An
Act to incorporate the Brownsville Manufacturing Com-
pany," and which Act was properly enrolled, and received
the signatures of the Speakers of the respective Houses
of the General Assembly before its adjournment, but is
not published in the Acts, because lost or mislaid out of
the office of the Secretary of State, Therefore
Be it resolved, by the General Assembly of the State of
Tennessee, That the committees of the two houses of this
General Assembly on Enrolled Bills, shall examine the
Journals of the two houses, and ascertain what action was
taken by this General Assembly at its present session; in
207
relation to Senate Bill 157, to be entitled an Act to incop-
porate the " Brownsville Manufacturing Company," and
if the Journals of the respective Houses shows the pass-
age of the bill, that they passed the bill in a Constitu-
tional manner", that they report the fact to this General
Assembly whether the bill was properly enrolled for the
signatures of the Speakers and approval of the Governor.
Adopted June 27, 1870,
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor,
NUMBER XXIII.
SENATE JOINT RESOLUTION Appointing Trustees for the East
Tennessee University.
Resolved by the General Assembly of the State of Ten-
nessee, That Charles M. McGhee, Thomas H. Calloway,
E. J. Sanford and Wm. A. Henderson are hereby
appointed Trustees of the East Tennessee University of
Knoxville, Tennessee.
Adopted June 27,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 25, 1870.
D. W. C. SENTER,
Governor.
208
NUMBER XXIV.
HOUSE JOINT RESOLUTION In Regard to Bills and Resolutions.
Resolved, by the General Assembly of the State of Ten-
nessee, That whenever a bill or joint resolution (except
resolutions on adjournments) has been enrolled and signed
by the Speakers of both Houses, it shall, without delay,
be presented to the Governor, by the Chairman of the
Committee on Enrolled Bills, or Chairman pro tem of the
House in which the bill or resolution originated, noting
the day of presentation, and shall then without delay, re-
port the fact to the House of which Chairman, or Chair-
man pro tem. of the Committee on Enrolled Bills, and
said report shall be entered on the Journal.
2. Resolved, That if the Governor fails to return a bill
or joint resolution, within the time proscribed in the
Constitution, then, without delay, the Speakers of the
two houses, shall sign a correct copy of the en-
rolled bill or resolution, noting on the bill or resolution
and Journal, the fact, then have the same filed in the
office of Secretary of State.
3. Resolved, That whenever a bill or resolution is de-
posited in the office of ehe Secretary of State, the fact
thereof shall be reported by the Clerk and entered on the
Journal.
Adopted June 23, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
209
NUMBER XXV.
HOUSE JOINT RESOLUTION Directory to the Joint Select Com-
mittee on Railroads.
Whereas, At the adjournment of the past session of
this General Assembly, on the 7th March, 1870, there
was a joint select committeeyetained, to investigate and
report to this present meeting of the General Assembly,
the condition of all the delinquent railroads under their
supervision; also report the amount of State aid received
by aech road or officers thereof, and whether the bonds
were issued in strict accordance to the law authorizing
State aid for internal improvements; and
Whereas, Said committee has made their report upon
a portion of said railroads; and
Whereas, There is a manifest disposition on the part
of members in this House to defeat the action that the
public requires at our hands, by offering resolutions to
adjourn to a certain time in the future; Therefore
Be it Resolved by the General Assembly o) the State of ,
Tennessee, That said committee be requested to immedi-
ately prepare bills for the management or disposition of
the roads which they have already reported upon ; and
also, report upon the remainder as soon as possible, to the
end that justice may be attained and the expectation of
the people met with generally.
Adopted June 20, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 29, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXVI.
HOUSE JOINT RESOLUTION Requesting the Govornor to Lay
Certain Report Before the General Assembly.
Be it resolved by the General Assembly of the State of Ten-
nessee, That the Governor be requested, if not deemed in-
14
210
compatible with the public interest, to lay before this
General Assembly the report of the joint agent for the
State and the Nashville and Northwestern Railroad Com-
pany, if any has yet been made, as required by this Act.
Adopted June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXVII.
HOUSE JOE^T RESOLUTION Appointing a Committee to Irives-
tigate Charges made against the Railroad Investigating Committee,-
by John Baxter.
"Whereas, The Hon. John Baxter, of Knoxville, as
it would appear from a communication in the Knoxville
" Weekly Chronicle," to which his name appears, reiter-
ates certain grave charges against some of the members
ot the committeaalluded to in said communication; and
Whereas>.,Said Baxter proposes to establish, by proof,
the allegations therein contained; and
Whereas, It is the earnest desire of this General
Assembly to arrive at correct conclusions with regard to
all matters of fraud alleged to have been committed
against the State; and-
Whereas, An investigation of this subject can but
tend to vindicate the innocent and expose the guilty;
Therefore
Re it resolved, That the Speaker of the House and the
Speaker of the Senate appoint a committee of three on
the part of the House, and three on the part of the Sen-
ate, to investigate said charges contained in the comma-
nication of said Baxter, with full power to send for per-
sons and papers, and to compel the. attendance of all
witnesses.
Be it further resolved, That the committee shall send
211
for and compel the attendance of any and all witnesses
named by said Baxter, and that the proposition of said
Baxter to become the prosecutor, under the provisions
proposed by him be, and the same are hereby accepted.
Be it further resolved, That all parties who may be
implicated by such investigation, shall be notified by said
committee, and shall be heard before said committee in
person or by counsel.
Adopted June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 5, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXVIII.
HOUSE JOINT RESOLUTION Directory to the Committee on
Charges Preferred by John Baxter, against the Railroad Investi-
gating Committee.
Resolved by the General Assembly of the State of Ten-
nessee, That the Joint Committee for the investigation of
charges against the Committee for the investigation of
delinquent railroads, after organizing, are hereby directed
to summon, by telegraph, before them, John Baxter, and
such other parties and witnesses as may be required for
the purpose of investigation, to the end that such investi-
gation may be had, and report may be made before the
adjournment of this General Assembly.
Be it further resolved, That if a full investigation can-
not be had before the close of this session, then the Com-
mittee are hereby authorized to sit after the adjournment
of this present session, and report at the next session.
Adopted June 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
** D. W. C. SENTER,
Governor,
212
NUMBER XXIX.
HOUSE JOINT RESOLUTION Tendering the use of the Hall of
the Representatives to the Grand International Division of the
Brotherhood of Locomotive Engineers.
Whereas, The Grand International Division of the
Brotherhood of Locomotive Engineers, at their annual
meeting in the city of Baltimore last October, did adjourn
to meet in this, the city of Nashville, on the third Wed-
nesday of October next; and,
Whereas, The objects of said organization is the gen-
eral improvement and protection of its members, and the
protection of the traveling public against the dangers of
railroad accidents, caused by incomptent Engineers;
Therefore,
Resolved by the General Assembly of the State of Ten-
nessee, That we tender to said organization the use of the
the Hall of the House of Representatives in which to
hold their annual meeting in October next; Provided, it
is not at the time in use for legislative purposes.
Adopted June 15,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXX.
JOINT RESOLUTION Directory to the Railroad Investigating
Committee, etc.
Whereas, The Railroad Investigating Committtee
has closed its labors, and has in its possession a large
number of original papers ; Therefore,
213
Resolved by the General Assembly of the State of Ten-
nessee, That the Committee turn over to the Comp-
troller of the State, all the records, vouchers and papers
in the psssession of Said committee, and that the Chair-
man of said Committee take the receipt of said Comp-
troller for the same.
Adopted July 8, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
• D. W C. SENTER,
Governor.
NUMBER XXXI.
JOINT RESOLUTION Appointing John J. Reese a Trustee in East
Tennessee University.
Be it resolved by the General Assembly of the State of
Tennessee, That John J. Reese be, aud he is hereby ap-
pointed a Trustee in East Tennessee University at Knox-
ville, Tennessee.
Adopted July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives,
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
214
NUMBER XXXII.
HOUSE JOINT RESOLUTION to Raise a Committee to Investigate
fully as to the State's interest in and control of Colleges, Acad-
emies and other institutions of learning.
Whereas, It appears that the State of Tennessee has,
from time to time, endowed certain Colleges, Academies
and institutions of learning by appropriating a large
amount of land, stocks and securities ; and
Whereas, By an Act passed February 9, 1850, it
was made the duty of the Trustees of all Colleges or
Universities of the State that have received endowments,
or received any portion of the State funds, to report an-
nually to the Comptroller of the Treasury, all matters
connected with the management of their respective
schools, and the disposition of all funds that may have
come into their hands as Trustees, which report shall be
laid bianually before the Legislature by the Comptroll-
er; and
Whereas, No such reports have been presented to
this General Assembly, owing to the fact that said Trus-
tees have failed to comply with the law ; and
Whereas, There exists some doubts as to the right
and interest of the State in said institutions ; Therefore,
be it
Resolved, That a committee of two be appointed on
the part of the House, and two on the part of the Senate,
with the full power to send for persons and papers and
investigate fully as to the State's interest, and control in
said institutions, and report the same to this General As-
sembly.
Provided, That nothing in this resolution be so con-
strued as to allow said committee to sit during the recess.
Adopted July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
215
NUMBER XXXIII.
HOUSE JOINT RESOLUTION Providing for an Adjournment of
the two Houses of this General Assembly.
Resolved by the General Assembly of the State of Ten-
nessee, That the two Houses of this General Assembly
adjourn on Monday. July 11 at 12 o'clock, m., to meet
again on the first Monday of. December, 1870, at 12
o'clock, m.
Resolved further, That all unfinished business pending
before the General Assembly at the time of the adjourn-
ment, on Monday, the 11th day of July, 1870, or either
of the Houses of said General Assembly, shall be con-
tinued and carried over to the first Monday in Decern-
ber, 1870, and when this General Assembly shall re-as-
semble on the first Monday, in December, 1870, as herein
provided, said unfinished business shall then be resumed,
taken up, considered and disposed of in the same order
and manner as if this General Assembly had not ad-
journed the present session thereof, to the first Monday
in December, 1870.
Adopted July 6,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXXIY.
JOINT RESOLUTION Directory to the Comptroller, etc.
Resolved by the General Assembly of the State of Ten-
nessee, That the Comptroller of the Treasury issue his
warrant or warrants, to the Trustee of Wayne County for
twenty-six hundred and twelve dollars and five cents, it
being a balance due said county, under a Joint Resolu-
tion adopted March 24p 1860, for school fund -withheld
216
from Wayne County, under second section of an Act of
1844, the said amount having been decided due Wayne
County by Ben. P. Clark, R. J. Meigs and W. F. Cooper.
Adopted July 8,1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
JD. W. C. SENTER,
Governor.
NUMBER XXXY.
HOUSE JOINT RESOLUTION Directory to the Superintendent of
the Capitol.
Be it resolved hy the General Assembly of the State of
Tennessee, That the Superintendent of the Capitol, be,
and he is hereby directed to prohibit the use of Roller
Skates in the Hall of the Capitol Building.
Adopted July 6, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 187^
D. W. C. SENTER,
Governor.
NUMBER XXXVI.
HOUSE JOINT RESOLUTION Directory to the Comptroller.
Be it resolved by the General Assembly of the State of
Tennessee, That the Comptroller of the State, be, and he
is hereby directed to correspond immediately with the
217
County Court Clerk of each county in the State, and as-
certain what amount, if any, of real estate belonging to
the Bank of Tennessee, lies within his respective county,
the quantity, location and general description thereof, and
that has been assessed as the property of said Bank, and
that the Comtroller report to this General Assembly at
a day as early as practicable, the result of said correspond-
ence.
Adopted July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
NUMBER XXXVII.
HOUSE JOINT RESOLUTION Directory to the Speakers of the
two Houses of this General Assembly, in Regard to Signing Bills
passed at the last Session.
Whereas, Certain bills were passed at the first session
of the Thirty-Sixth General Assembly, which were not
signed by the Speakers of the two Houses; and,
Whereas, The Journals of the two Houses show cer-
tain bills have been so passed; therefore,
Be it resolved he the General Assembly of the State of
Tennessee, That the Speakers of the respective Houses of
the General Assembly, be, and they are hereby instructed
to sign such bills.
Adopted July 7, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 9, ,1870. D. W- C. SENTER,
Governor~
218
NUMBER XXXIII.
HOUSE .JOINT RESOLUTION to Prevent Waste on the Old Asy-
lum Grounds.
Resolved by the General Assembly of the State of Ten-
nessee, That the Directors of the Lunatic Asylum, be,
and they are hereby directed to take in charge the Old
Lunatic Asylum grounds, and institute suit against any
and all persons who may have removed any of the earth,
stone, brick, or any other material from said grounds, or
that may hereafter be removed by any person not having
authority to do so, from said Directors.
Adopted June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
MBER XXXIX.
HOUSE JOINT RESOLUTION Authorizing the Comptroller to
Employ some suitable person to Examine the Dockets and Papers
in the Courts of Shelby County.
Resolved, That the Comptroller, be, and he is hereby
authorized to employ some suitable person to examine the
dockets and papers of the courts in Shelby County, in re-
.gard to bills of costs against the State of Tennessee.
Adopted June 25, J 870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
. Approved Jhiy 8, 1870.
D. W, C. SENTER,
Governorv
219
NUMBER XL.
HOUSE JOINT RESOLUTION Directory to our Senators and Rep-
resentatives in Congress now assembled.
Resolved, That our Senators and Representatives in
Congress, now assembled, be, and they are hereby re-
spectfully requested to urge the passage of a bill in Con-
gress, to pay the citizens of Tennessee for all properly
authenticated claims for property taken and used by the
Federal army during the late war, and that a copy of this
resolution be forwarded to each of our Senators and Rep-
resentatives.
Adopted June 15, 1870.
W. O'N. PERKINS,
Speaker of the House of Representat
D. B. THOMAS,
Speaker of the Senate.
Approved July 8, 1870.
D. W. C. SENTER,
Governor.
NUMBER XLI.
HOUSE JOINT RESOLUTION Calling for a Report from the Board
of Commissioners of the School Fund.
Whereas, A resolution passed the General Assembly
on the 21st day of January, 1870, requiring the Govern-
or, Secretary of State, Comptroller and Superintendent
of Common Schools for the State, as a Board of Com mis-
sioners of the School Fund, to report to the General As-
sembly, within ten days after the passage of said Resolu-
tion, the amount of School Fund collected or received for
the years 1867, 1868 and 1869; .what, disposition, if any,
has been made of the same; whether or not said Com-
missionens have- ever assembled and acted under the pro-
visions of the Acts of the General^ Assembly, cited in the
Preamble to said Resolution; and if so, that they file a
copy of the record of their proceedings with said report;
220
that they slate whether or not they have guarded the
School Fund from loss or dimunition; whether or not the
School Fund has annually and inviolably been distribu-
ted and paid over for the support of the Common Schools
and for the benefit of all the people, and for no other pur-
pose or use whatever; whether or not there has been kept
in the office of the Treasurer and Comptroller a separate
account of all school money received and disbursed under
the provisions of this Act, and if so, that they file a copy
of such account with said report; that they also show
whether or not, all money collected for school purposes
has been set apart and kept separate from all other money
of the State, and sacredly expended for Common Schools
and for no other purpose or purposes whatever; that if
any of the school money, under any pretext or excuse, or
supposed necessity, has been used for any other purpose
than that of Common Schools; that they show in their said
report, for what use or purpose it has been applied, giv-
ing in full all facts and information in relation to the
same, and in what way they propose to raise said money
to the Common School Fund; and, .
Whereas, The said Commissioners have failed to
make said report to this General Assembly, as provided
in the said Resolution adopted the 21st day of January,
1870, and which is published in the Acts of 1869 and
1870, as House Joint Resolution No. 40; therefore,
Be it resolved by the General Assembly of the State of
Tennessee, That the said Board of Commissioners, at the
next session of this General Assembly, report to the
General Assembly, as provided in the said Resolution,
adopted the 21st day of January, 1870; and upon the
passage of this Resolution, the Clerk of the House of
Representatives will call the attention of the Governor of
the State, as the President of the said Board of Commission-
ers, to the adoption of this Resolution, and also Resolution
No. 40, adopted the 21st day of January, 1870.
Adopted June 29, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Gover nor.
221
NUMBER XLII.
HOUSE JOINT RESOLUTION to Bring on the Election of Secre-
tary of State, Comptroller and Treasurer.
Be it resolved by the General Assembly of the State of
Tennessee, That the two Houses of this General Assem-
bly meet in Convention in the Hall of the House of Rep-
resentatives, on Thursday, May 19th, 1870, and continue
in session from day to day, until they shall have elected
a Secretary of State, a Comptroller and Treasurer, in ae-
cordance with the provisions of Section 1 of the Schedule
to the Constitution of Tennessee.
Adopted May 13, 1870.
W. O'N. PERKINS,
Speaker of the Souse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 16, 1870.
D. W. C. SENTER,
Governor
NUMBER XLIII.
SENATE JOINT RESOLUTION to Appoint a Committee to Settle
with the Comptroller.
Resolved by the General Assembly of the State of Ten-
nessee, That a Joint Committee, composed of two on the
part of the Senate and three on the part of the House of
Representatives, be appointed, whose duty it shall be to
carefully examine the accounts of Geo. W. Blackburn,
the present Comptroller of the Treasury, and settle with
him as provided by Section 200 of the Code.
Adopted May 16, 1870.
W. O'N. PERKINS,
Speaker of the Souse of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved May 16, 1870.
D. W. C. SENTER,
Governor.
222'
NUMBER XLIY.
HOUSE JOINT RESOLUTION Providing for an Adjournment of
the General Assembly on Monday next, to attend the Ceremonies
of Decorating the Graves of Federal Soldiers.
Whereas, The Secretary of War has designated the
30th day of May, 1870, as a day to be observed through-
out the United States, where National Cemeteries exist,
for decorating the graves of the fallen heroes who fell in
defense of a cause they believed to be right; and
Whereas, Duty and patriotism demand of a grateful
people their veneration and respect to those who sleep be-
neath the sod; and
Whereas, Homage and reverence should be paid to
the noble fallen defenders of the flag; Therefore
Be it resolved by the General Assembly of the State of
Tennessee, That, as a token of respect to the memory of
those who died that our country might live, this, (the
36th General Assembly,) stand adjourned on Monday,
the 30th inst., to Tuesday, 31st inst., 9 a. m., for the
purpose of allowing such members as may desire to do
so, of this body, the privilege of participating in the
ceremonies of the day.
Adopted May 27, 1870.
W. O'N. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved June 2, 1870.
D. W. C. SENTER,
Governor.
NUMBER XLY.
HOUSE JOINT RESOLUTION to Cancel Coupons.
Whereas, There is now in the office of the State
Treasurer, coupons of the bonds of Tennessee to the
amount of $273,022.72, which said coupons are the ma-
223
tured interest on the State debt to July, 1868, and which
have never been canceled ; Therefore
Be it resolved, That a committee of three on the part
of the House, and two on the part of the Senate, in con-
nection with the Comptroller and Treasurer, be appointed
to cancel said coupons, and report as soon as practicable,
to this Genral Assembly.
Adopted June 29, 1870.
W. O'N. PERKINS,
Speaker of the■ House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
Approved July 7, 1870.
D. W. C. SENTER,
Governor.
ERRATA FOR THIS VOLUME
In the sixth and seventh lines from the bottom of page 5, strike out, the words
"thence south 35 degrees, east 88 rods."
In the fourth line from top of 6th page, it should read 44 rods, instead of 441,.
Strike out the word unoV in the last line of Section 3, on page 29.
Chapter 14, on page 30, was passed June 13, and approved June 16.
In the third line of Section 11, page 44, the word " members " should read
" number."
Immediately after the word "and," in the first line on page 148, insert the
word "pay."
In the fourth line from the bottom of preamble, on page 165, after the number
"6015," read "6016," instead of "6015."
Immediately after the word "conflict," in the eleventh line of Section 20, on
page 178, insert the word "arise."
T. II. BUTLER, Secretary of State.
FOB 1889-70.
It will be seen from the dates of the passage of the "Act" to in-
corporate the "Brownsville Manufacturing Company," on page 189,
and the "Act to amend the lien law," on page 191, were passed at the
first session of the Legislature, and should have appeared in the Acts
of 1869-70, but by some inadvertancy, they were omitted, and are
therefore inserted.
On page 494, Chapter 69, Section 4, line 3, of the Acts of 1869-70,
insert the word "not" between the words "shall" and "be," so as
to make it read "shall not be."
On page 434, Chapter 63, Section 10, line 2, instead of "Wm.
Hoston," it should read " Wm. Hasheri." In line 4, of same
section, the words "and others''' should appear, between the name
"A. H. Nail" and the word "who."
On page 435, Chapter 63, Section 13, line 8, instead of "used"
read "usual."
On page 142, in the General Appropriation Act, the mileage of W.
S. McGaughey, should be 674 miles, instead of 700, and $107.84, in-
stead of $112. x
On page 528, immediately after Section 3, the following should
have been inserted as part of said Act: "Be it further enacted, That
an Act entitled an Act to mcorporrte the Fayetteville and Well's Hill
Turnpike Company, in Lincoln County, Tennessee, and for other
other purposes, passed March 16, 1868, be so amended that Section
70 of said Act shall read as follows: v" That when said Directors are
elected as aforesaid, and organized into a Board, said President and
Directors, or a majority of them, shall locate said road, which shall
be done upon the same old road, (or as near thereto as practicable)
known as the Columbia and Hampshire Turnpike Road, and take all
necessary steps for its completion; said road shall be graded not less
than twenty feet wide, and shall be rocked or graveled not less than
sixteen feet wide, and not less than nine inches deep in the middle or
center of said road, for the width of five feet, and the depth of five
225
inches on the wings, and the grade of said road shall not exceed ten
degrees of elevation.
"The work on said road shall he commenced within three years from
the passage of this Act, and shall be completed within five years from
the same time, with all necessary culverts and bridges, or this char-
ter shall be forfeited."
On page 506, after section 60, the following should appear as part
of the Act: "Be it further enacted, That the charter granted to the
Nashville and Edgefield Street Railroad Company, passed May 23,
1866, be, and the same is hereby revived and continued in force for
the further time of two years from the passage of this Act.
"Be it further enacted, That the charter heretofore granted to
the Dollar Savings' and Trust Company, passed on — day of —,
1866, be, and the same is hereby revived and continued in force, for
the further time of two years from the passage of this Act."
On page 413, chapter 59, section 98, the following should appear
immediately after the words "Southern terminus," in the sixth line:
"To Caney Springs, in Marshall County, along the most practicable
route," as constituting part of said section.
On page 496, section 13, chapter 69, strike out the word "and," be-
tween the words "West Station and Camp Creek Turnpike Com-
pany."
On page 105, section 4 chapter 88, after the words "Perry and
Hickman," insert the words "so as to include the lands of Amos
Skelton as they originally were."
All of the foregoing corrections refer to the Acts of 1869-70.
T. H. BUTLER,
Secretary of State.
STATE OF TENNESSEE, 1
Office of the Secretary of State, i
Nashville, Aug. 8 ,1870. j
I, T. J. Butler, Secretary of State of the State of
Tennessee, do hereby certify that I have carefully col-
lated the foregoing Acts and Resolutions, with original
copies on file in my office, and find them correctly
printed,
T. H. BUTLER,
Secretary of State.
INDEX TO PUBLIC LAWS.
.A.
Actions, Suits or, Act to limit time to bring certain
Academy, Hampden Sidney, Act in reation to
" Washington County Female, Act incorporat'g, repeal'd
Administrators and Guardians, Public, to be appointed by
County Courts
Appropriation Bill, to defray current expenses
" to Tennessee School for the Blind
" not to be made
Anderson County, in reference to County line of
Arms, carrying of, prohibited
Artisans, Act for the benefit of
Asylum, Lunatic, Act to dispose of old
Attorney General and Reporter, to be appointed by Supreme
Court
Attorney General and Reporter, powers and duties of
" " Act directory to
IB
Bank of Tennessee, Act to destroy issues of, paid in for taxes.
Bartlett Circuit Court at, attached to 15th circuit
" " " " time of holding,
" Judge of Probate Court at, made Circuit Judge
Blind School, Act for the benefit of
" " Tennessee, name of changed
Bonds, State, Act to regulate the issuance of
" " not to be issued, etc
" " that have been destroyed, duplicates to be issued
" Certain, declared illegal, null and void
Board of Insurance Commissioners created
Brownsville Manufacturing Company, incorporated
o
Campbell County, line of, changed
Carter " "
Campbell " " '
Capitol Grounds, Act to impiove the
Chap.
Sec.
Page.
5G
91
76
122
105
166
98
156
119
182
54:
90
66!
.114
88
137
13
28
112
171
33
62
24
43
114
174
91
114
116
179
18
1
33
82;
2
132
82;
3
132
82;
132
54
88
54
10
90
22
37
70
117
92
145
104
165
102;
159
120
189
41
1
71
21
1
36
84
1
133
107
1
168
228
Chap.
Court, Law of Chattanooga to be merged into Circuit Court of
Hamilton county
Chancery of Chattanooga, to be merged into Chancery
Court of Hamilton county
Criminal of Shelby county, Act relative to
Supreme, Act to organize
"• jurisdiction of
Circuit at Jonesboro, time of holding
Probate of Shelby county, Act to establish
Quorum, " " jurisdiction of
Criminal, of Knox county established
" of Montgomery county established
County, of Fayette, Act relating to
Quorum, of Lauderdale county restored
Chancery, at Union City, time of holding
Law, of Nashville, act to establish
Clerk of Circuit of Davidson county to be Clerk of law
County, of Davidson, to provide room for Law Court.
Law, of Nashville, Act creating, amended
Circuit, at Barttell, transferred to 15th circuit
" " time of holding
Special, of Davidson and Rutherford counties
Common Law and Chancery, Act authorizing transfer
of, certain cases in
Duty of, in certain cases
of Record, Act to facilitate business in
Circuit, Act to fix the time of holding
Chancery, Act to fix the time of holding
County, to levy tax for school purposes
'• to appoint School Commissioners
Clerks of County, duty of
County, to hear certain proof
Circuit, time of holding in 4th circuit
Chancery Court of Chattanooga, to be merged into the
Chancery Court of Hamilton county
Chancery < ourts, Act. fixing time of holding
Court at Union City, time of holding—
Districts, Act to divide the State into
uits, Act to divide the State into Judicial
uit Court of Jonesboro time of holding
Courts, Act to fix the time of holding
Court Clerk of Davidson county to be Clerk of Law
Court
" at Bartlett to be tranferred to the 15th Circuit...
" " time of holding
nty Court of Fayette county, Act relating to
Courts to levy tax for school purposes
" to appoint School Commissioners
" to hear certain proof
" of Etheriuge established
site of Etheridge county, name of
of Christiana established
" Hamblin u
" Trousdale "
" Clay "
" Lake "
site of Hamilton county, Act authorizing removal of.
Line between Haywood and Lauderdale, changed
' Washington and Sullivan "
Sec. Page-
35
35
31
24
24
44
86
86
100
115
48
51
82
59
59
59
60
82
82
31
13
20
46
47
64
64
64
87
106
35
77
82
32
31
44
46
59
82
82
48
64
64
10
229
County Line between Carter and Washington '
County Line between Giles and Marshall "
" Campbell and Claiborne
« << " Scott "
" Putnam and Overton "
" Jacksdn " "
" Smith and Putnam "
" Weakley and Obion "
" Cannon and DeKalb "
of Lake attached to the 12th Judicial Circuit
Trustees, Act directory to
Judge of Lauderdale county, office of, abolished...
Judges, duty of
Site of Dickson county, Act authorizing removal
of
of Christiana, Act to establish, amended
Lines between certain counties, Act changing, re-
pealed
of Crockett, Act to establish
of Clay, Act to establish, amended
Judge of Lawrence county, salary reduced
Judge of Knox county, office of, abolished
of Etheridge, Act creating, amended
Counties certain, taxes to be refunded to
Code, Section 359 of, repealed '
" 115 "
" 1423 "
" 2114 to 2123 inclusive of, repealed
" 946 to 1046 " "
Chapter 3, title 2, part 2, "
Section 4853 of, "
to give force and effect to section 1096 of the
Section 556 of, repealed
" 2136 of, amended
Commissioners appointed to organize Trousdale county
" " " " " com-
pensation of
Commissioners appo nted to organize Clay county
" ** '< " " compensa-
tion of.
Commissioners appointed to organize Lake county
" " " Crockett "
" District School Act relating to
4{ " " to take oath
" " " duties of
" appointed to sell State's interest in de
linquent railroads.
Commissioners apointed to lease delinquent railroads
Comptroller authorized to employ a clerk
" Act directory to
" misdemeanor in, to issue bonds
" Act directory to
Criminal laws of the State, amended
'* Court of Knox county established
" " " Montgomery county established
" " Special, of Davidson and Rutherford coun
ties
Criminal Court &f Shelby county, Act relating to.....,,,..,
Chap.
See.
Page.
21
1
36
34
63
41
1
71
84
1
133
49
1
85
6i
1
9S
84
133
103
1
164
118
1
181
30
7
57
82
1
133
52
1
86
64
63
110
72
1
119
77
1
123
88
1
137
89
1
133
90
1
143
97
1
150
100
155
117
1
161
94
1
147
8
2
24
31
2
6
58
2
93
80
9
130
64
74
112
71
118
85
134
91
144
96
149
111
171
27
3
48
27
13
51
29
3
52
29
11
54
30
3
56
89
3
139
64
20
102
64
28
103
64
31
104
79
1
127
93:
1
146
40
1
70
64
7
100
70
117
94
1
147
104
1
165
37
1
67
100
1
153
115
1
175
31
2
60
3
2
60
230
Christiana, County of, established
Confectioners, Act for benefit of
Clerk of Supreme to be appointed by the Court
Clay, County of, established
Claiborne, line of, changed
Cemeteries, Act to prevent crime and trespasses in
Common Schools, act to reorganize and regulate
Clerks of County Courts, duties of
Constables, duties and fees of
Common Schools, certain acts relative to, repealed
Clerks of County Courts, Acts relating to
Constitution, Act. to enforce Section 31, Article 2 of the
Cites and the suburbs thereof, for the better government of..
Constitution, Act to enforce Section 33, Article 2, of the
Clerk of County Courts, fees, etc
Clerks of Courts, Act relating to
Christiana County, Act creating, amended
Crockett " " to establish
Clay " " creating, amended
Cock, J. C., Act for the benefit of
Clerks of County Courts, duties of
Columbia Central Turnpike Company, Act relating to
Cannon County, line of, changed
Covington Woolen Manufacturing Company incorporated
ID
Davidson County, Special Criminal Court of.
" " To pay certain claim of Lunatic Asylum...
" " " County Court of to provide room for Law
Court
Deputies, Act authorizing Sheriffs to appoint
Depositions, Act authorizing transmission of, by Express..
Destroyed, when Bonds have been. Duplicates may issue..
Delinquent Railaoads, Commissioners to lease
Decisions of Supreme Court, number to be printed
DeKalb County, line of changed
Districts, Chancery, Act to divide the State into
Directors. State, in Railroads, Act to regulate appointment of
Dickson County, citizens of, authorized to vote for removal of J
County site
Distress Warrants, certain, shall operate as a writ of pos-
ession
Drunkenness in Public Officers, Act to suppress
Druggists, Act concerning
IE
Elective Eranchise, Act to regulate
Election of Governor and members of General Assembly, Act
to provide for the
" of Judicial and Civil Officers, provided for
Emerson, county site of Etlieridge count}7
Entry Taker's and Surveyor's Office, consolidate^
Etheridge, county of, established
" " " Act creating, amended
Evidence, Rules of, Act explanatory of an Act making, etc...
Express, Act authorizing depositions to be sent by
Exemption Laws amended
ap.
Sec.
Page.
2
1
4
11
1
27
24
3
43
29
1
51
41
1
71
63
1
93
64
1
99
64
56
109
64
43
108
64
74
112
65
2
113
66
1
114
67
1
115
TO
1
117
71
118
73
1
120
77
1
123
89
1
138
90
1
143
109
1
169
112
172
113
1
173
118
1
181
120
6
190
31
2
60
55
2
91
58
10
96
8
1
24
16
1
32
92
3
14-5
93
1
146
114
2
174
118
1
181
32
1
61
54
1
87
72
1
119
96
3
149
42
1
71
51
1
86
10
1
25
15
1
31
23
1
39
3
10
13
68
1
115
3
1
9
117
1
181
95
1
148
1 6
1
32
36
1
66
231
Exemption Laws amended
Expenses of General Assembly, Act to defray
Errata to Acts of 1869-70
ZET1
Fayette County Court, Act relating to
Fair Ground, old, Commissioners to sell
Factory, old Gun, " "
Fayette County, Act to protect Game in
Fees of Clerks of County Courts, Act relating to
Female Academy, Washington County, Act incorporating,
repealed
Fish, Act for the protection and preservation of
" and Game, Act for the protection and preservation of in
Shelby county
Fishing Seining or Netting, Act to suppress, etc
Franchise Elective, Act to regulate
Fund, School, Appropriation of
a-
Gauge R. R. Companies may adopt such, as they desire
Game, Fish, etc., Act to protect in Shelby county
" " " " " " Rutherford and Fayette
counties
General Assembly, Act to provide for election of members of..
" " " to fix the number of " in..
Giles County, line of changed
Governor, Act providing for election of
Governor's Mansion, land for
Governor, Misdemeanor in, to issue Bonds, etc
" Duty of, etc
Grand Juries, Act in reference to
Grounds, Capitol, Act to improve
Gun Factory, old, Commissioners to sell
Guardians, Public, County Court to appoint
xx
Hamblin, Couuty of, established
Haywood, County line of, changed
Hamilton County, Act authorizing removal of county site
Hamden Sidney Academy, Act in relation to
Hart, J. B., Act for the relief of
Homicide, Act to preserve the peace and prevent
Holloway, James, Act for the relief of.....
Homestead Laws amended
Hunting, etc., A^ to suppress
X
Immigration, Act to encourage, repealed
Incompetent, when Judges are, may transfer suits
Intermarriage of white persons with negroes prohibited
Insurance, Life, Act to regulate the business of.
Chap.
80
11
Sec. I Page.
48
1
! 84
54
3
i 89
54
6' 90
108
11 169
7l
3
118
105
1
166
19
1
35
99
1
152
38
2
! 68
10
1
25
64
39
107
58
1
93
99
1
152
108
1
169
15
1
31
25
1
45
34
1
63
15
1
31
33
1
62
70
2
117
101
9
158
91
2
144
107
1
168
54
6
90
98
1
150
6
1
15
12
1
27
35
1
65
76
1
122
109
1
169
13
1
28
55
1
9 L
80'
1
129
38
1
68
61
1
97
9
1
24
39
1
69
102
1
159
232
acksoa County, line of changed
Jonesboro, Act to fix the time of holding Circuit Court at.
Judge of Probate Court of Shelby county, salary of
" of the County of Lawrence, salary or, reduced
Judge of the Criminal Court of Knox county, salary reduced..
' " County Court of " " office of, abolished..
" " Of Law Court of Nashville, election of, provided
for
" of the Criminal Court of Montgomery county, Act re
latin g to
suits
Judges, County, duty of
" Special, to be appointed in certain cases
" Act directory to
Justices of the Peace, may change venue in certain cases.
" " duty of..
Judicial and civil officers, mode and time of electing
" " " term of office of
" Circuits, Act to lay the State off into
IEC
Knox County, Criminal Court of, established
Xj
Law Venue, Act to change
" Court of Chattanooga to be merged into Circuit Court.
" " of Nashville, Act to establish
" " " power of
" " " Act creating, amended
Land sold under decree of court, Act concerning
" or real estate, Act to limit time of bringing suits to re-
cover
Land, School, Act to secure fund arising from sale of.....
Lake county of, established
Lauderdale county, line of, changed
" '' office of County Judge of, abolished
Lawrence county, salary of County Judge of, reduced...
Life, Act to preserve and protect property
" Insurance, Act to regulate business of.
Liquors, spirituous or vinous, Druggists to sell-
Lien Law, Act to amend the
License, marriage, tax on, reduced
Lunatic Asylum, old, Act to dispose of
JUL
Magis rates, authorized to change venue in certain cases
" Act relating to duties of
Marshall county, line of, changed
Marriage licenses, tax on, reduced
" of white persons with negroes prohibited
Manufactured articles, certain, exempt from taxation....
Management of the Penitentiary, Act relating
Manufacturing Company, Brownsville, incorporated
" '' Covington Woolen, incorporated..
Mechanics, Act for the benefit of
Chap. |
Sec.
Page.'
62
1
98
73
44
1
86
5
136
97
1
155
100
1
153
100
8
155
67
1
95
115
16
178
9
1
24
64
63
110
78
1
125
91
3
144
5
1
14
85
2
134
23
1
39
23
7
41
31
1
59
100
1
153
7
1
23
35
6
65
59
1
94
59
3
94
60
1
96
42
1
72
56
1
92
101
2
157
30
1
56
12
1
27
52
1
86
97
1
150
4
1
14
102
1
159
45
1
86
121
1
191
75
1
121
33
1
62
5
1
14
73
1
120
34
1
63
75
1
121
39
1
69
36
S
! 66
45
1
73
120
1
L 189
120
1 fc
i 190
112
1
171
233
Misdemeanors, Act to change venue in cases of
Morgan county, in reference to county line of.
Montgomery county, Criminal Court of, established
Municipal Corporations, property of, exempt from execution
nsr
Nashville and Chattanooga Railroad authorized to borrow
money
Nashville and Chattanooga Railroad authorized to execute
second mortgage
Nashville, Law Court of, Act to establish
44 44 44 44 creating, amended
Notaries Public, to take acknowledgements, proof, etc
o
Obion county, line of, changed
Officers, judicial and civil, mode and time of electing.
Overton county, line of, changed
Peace, Act to preserve the, and prevent homicide
44 officers, duty of
Penitentiary, Act for the management of
Poll tax, Act to regulate and fix the payment of
Property, Act to preserve life and protect
44 certain, exempt from taxation
44 State tax on, Act to fix
Presumptions of law, Act to prescribe and define certain.
Privileges, State tax on, increased 50 per cent
Probate Court of Shelby county, Act to establish
Putnam county, line of, changed
« << " a
Public, Notaries, further power granted to
44 Worship, penalty for disturbance of
44 Administrators and guardians, County Court to appoint
44 officers, Act to suppress drunkenness in
Quorum Court of Shelby county, to exercise jurisdiction, etc.
Railroad, Nashville and Chattanooga, authorized to borrow
money
Railroad Companies authorized to use such gauge as they
may desire
Railroad, Tennessee and Pacific, Attorney General authorized
to institute suits against
Railroads, Act in reference to
44 State Directors in, relating to appointment of..
" Act for the relief of solvent
44 Bonds not to be issued to
44 State's interest in delinquent, to be sold
44 certain, Attorney General to prosecute suits against
Ch ap.
Sec.
Pape.
1
23
1
137
1
175
1
170
1
30
2
30
1
94
1
96
1
118
1
164
1
39
1
85
1
98
1
28
2
28
1
73
1
46
1
14
1
66
1
120
1
72
4
121
1
135
1
85
1
133
1
118
1
134
1
150
1
l u
6
136
1
30
1
93
1
179
1
68
1
87
1
116
1
117
1
127
1
144
234
Railroads, Delinquent, Commissioners to lease
Red River, Act declaring navigable repealed
Real estate, Act in reference to
Real estate, Act in reference to recovery of
Redemption money to be paid to Clerk's instead of debtor....
Refund, taxes improperly collected, Act to
Registration laws amended
Reports of decisions of Supreme Court, No. to be printed...
Revenue laws, Act to construe
" officers, section 8 of Act directory to, repealed
" laws amended
" " Section 10 of Act passed March 13, '68, repealed.
<< " " 2 of Act to amend the, etc
4< " Act to amend
River, Wolf, Act declaring navigable, repealed
" Red, « " " "
Roane County, Act authorizing transfer of suits in
Rutherford county, Special Criminal Court of
" " Act to protect game in
Rules of Evidence, explanatory of Act concerning
Chap.
Scott County, line of, changed
'School, Blind, Act for the benefit of the
" Fund, " relating to
" " Appropriation of
" Land, Act to secure fund arising from sale of
Schools, Common, Act to reorganize and regulate
" " Certain Acts relating to, repealed
Secretary of State, In reference to
" " Duty of, etc
Sheriffs, authorized to appoint Deputies
" Duties of
Sheriff of Shelby County, duty of
Shelby County, Criminal Court of
Shelby County, Probate Court of, established
" " Act to protect Game, etc., in
Sinking Fund, Solvent R. Rs. authorized to suspend payment
of
Smith County, Line of, changed
Spirituous Liquors, Druggists to sell
Special Judges to be appointed in certain cases
State Bonds, Act to regulate the issuance of
" Section 1, of an Act to sustain the credit of the, re-
pealed
" Directors in R. Rs., relating to appointment of
" Credit, not to be loaned
State's Interest in Delinquent Railroads, authoriziug sale of..
Suits, Authorizing transfer in Roane county
Sullivan County, Line of, changed
Supreme Court of Tennessee, Act to organize
Surveyors and Entry Taker's Office, consolidated
T
Tax, Poll, to regulate and fix payment of
' Collectors, duties of certain
" On dealers in spirits, repealed
Sec.
Page.
■
1
85
1
146
1
72
1
92
1
171
1
136
4
114
2
187
1
27
4
34
1
66
1
120
2
121
1
149
1
33
1
85
1
93
2
60
1
169
1
148
1
133
1
88
1
99
39
107
2
157
1
99
74
112
2
117
9
158
1
24
8
41
3
135
2
60
1
135
1
152
1
116
1
133
1
86
1
125
1
37
3
67
1
87
1
114
1
127
1
93
1
3
1
42
1
115
1
46
12
50
4
67
235
Tax, State, on property, Act to fix
" " on privileges 50 per cent
Tax, State, 011 Marriage Licenses reduced
Taxes improperly collected, to be refunded .
" Certain, to be refunded
Tennessee, Bank of, Act to destroy issues of, paid in for
taxes
" State of, substituted to all the right of note-bold-
ers of the Bank, paid in for taxes
" and Pacific Railroad, Attorney General to institute
suit against
" Blind School, name of, changed
" School for the Blind, appropriation to
Time of holding Courts in 4th Judicial Circuit
" " " Court at Jonesboro
" " " Circuit Courts
- " " " Chancery "
Towns and Cities, for the better government of
Trousdale, County of, established
Trustees of Common Schools, Act m relation to
" County, Act directory to
Treasurer, Act directory to the '"""
Turnpike, Columbia Central, Act in relation to
TT
Union City, time of holding Chancery Court at
*v
Venue in certain cases, Magistrates authorized to change..
" Laws of the State, Act to amend
" Act to provide for a change of, in certain cases....
"W" .
"Washington County, line of changed
" " Female Academy, Act incorporating
repealed
Weakley County, line of, changed
Wolf River, Act declaring navigable, repealed.
White Persons, Act to prevent intermarriage of, with Ne-
groes, etc
Chap.
Sec.
Page.
74
1
120
',4
4
121
75
1
121
78
1
136
94
1
147
18
1
33
18
3
34
116
1
179
54
10
90
54
9
90
106
1
167
44
1
73
. 46
1
75
47
1
81
67
1
115
27
1
47
64
65
111
89
1
133
104
1
165
113
1
173
82
1
105
103
17
RESOLUTION'S.
PAGE.
Asylum Ground, old, to prevent waste on 218
Adjournment, time of 215
for decoration of graves, etc 292
Bills and Resolutions, in regard to 208
Bank of Tennessee, notes of, to be burned 194
Bonds issued contrary to law, committee to report on 204
Buildings and grounds, public, directory to committee on 201
Comptroller, directory to 190
" " « 210
" " " 199
" " " \ 4 215
" Authorizing, to employ counsel 200
" and Treasurer, authorized to effect a loan 201
" to employ suitable person to examine docket 218
" "electa t 221
" " appoint committee to settle with 221
Conunmtttee to wait on Governor, etc 19(5
" redistrict the State 197
" of Inquiry appointed 197
" on Railroads, report of, to be printed 198
" Judiciary, directory to _ 199
" on publie grounds and buildings, directory to 201
" to report on bonds issued contrary to law 204
" Special, directory to 205
" on Enrolled Bills, directory to 206
" Joint Select, on Railroads, directory to 209
" to investigate charges preferred by John Baxter 210
<£ 44 44 46 <6 44 44 .... 211
" Railroad investigating, directory to 212
" To settle with Comptroller 221
" " " " Treasurer 195
Counsel, Comptroller to employ 200
Congress, directory to our Representatives in 202
" " " " 219
Cumberland Presbyterian, General Assembly of, use of Hall of House of
Representatives granted to 203
Capitol, roof of to be repaired 204
238
PAGE.
Coupons, to be canceled 222
• Convention, in reference to journals of 206
Charges against Railroad Committee, to investigate 210
44 44 44 Directory to committee on 211
Colleges, Committee to investigate State's interest and control of 214
Enrolled Bills, Directory to Committee on 206
East Tennessee University, Trustees of, appointed 207
44 44 44 John J. Reese appointed Trustee in 213
Governor, Committee to wait on - 196
44 Requesting, to lay report before General Assembly 209
Grounds, Public, and buildings, directory to Committee on 201 *
Hall of House of Representatives, use of granted Rev. E. H. Osborne 203
4 4 44 4 4 44 44 General Assembly of Cum-
berland Presbyterian Church 203
Hall of House of Representatives, use of, granted to Brotherhood of Engi-
neers.. 212
Judiciary Committee, appointing 195
44 4 4 directory to 199
Locomotive Engineers, Use of Hall granted to 212
Railroads, Special Committee on, to report 198
44 Joint Select 4 4 44 directpry to 209
44 Committee on charges against, to investigate 210
" " " 44 44 211
Representatives in Congress, directory to our 202
' " " 219
Resolutions, in regard to Bills and 208
Speakers of both Houses, directory to 210
Superintendent of Capitol, 44 44 217
Secretary of State, to bring on election of 229
School Fund, calling for a report from Committee on 211
Treasurer of State, directory to 194
Trustee of East Tennessee University, appointed 207
" " " " " " 213 '
Treasurer, State, to bring on election of 193
Tennessee Money, to be burned 194
University, East Tennessee, Trustees of appointed 207