Full text of "Acts"
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STATE OF TENNESSEE,
PASSED BY THE
FORTIETH GEIERAL ASSEMBLY,
1877.
PUBLISHED BY AUTHORITY.
NASHVILLE:
Tavel, Eastman & Howell, Printers to the State.
1877.
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L 1817
JUL % 183Q
• • ••
• • • •
• • •
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PUBLIC AC^S
OF THE
SEHEem ISSEMBIT OF THE STITE OF TEiffi%
« •
PASSED BY THE FIRST SESSION OF THE
FORTIETH GENERAL ASSEMBLY,
Which was begun and hdd at Ncuhvilie on the First Monday in Jantuury, in
the year of our Lobd One Thou»amd Eight Hundred and SeverUy-aeven,
CHAPTER I.
AN ACT authorizing the City of MemphiR to grant to the United
States a Site for a Custom House and other public buildings, and
ceding the jurisdiction to the United States of the ground so
granted.
Whereas, An act of the Legislature, passed March
^3, 1875, has been considered somewhat indefinite as to
the property therein described ; now, with the view of
making more certain the legislative intent, therefore.
Section 1. Be it Enacted by the General Assembly of
the biate of Tennessee, That the City of Memphis be and
is hereby empowered to grant to the United States a por-
tion of the public promenade, described as follows : Be-
ginning at a point where the west line of Front street
intersects the north line of the first alley south of Madi- Defining bona -
son street, and running thence northward with the west ^*"®*-
line of Front street three hundred and sixty-four and
one-fourth feet to a stake; thence westward, at right
angles to Front street and with the south line of the first
alley north of Madison street, for a distance of three
hundred feet to a stake; thence southward, parallel to ^
the west line of Front street, three hundred and sixty-
four and one-fourth feet to a stake; and thence eastward,
with the north line of the first alley south of Madison
street, t9 the beginning; — for the purpose of having
^fected thereon a United States Custom House and other
public buildings of the United States.
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Sec. 2. Be it farthec iljtactedy That the jurisdictiol^
Chrantin^ of the said premises aqta b4 granted to the United States
^diction to for the said purpose; Be. *^nd the same is hereby ceded
and granted by.,\^^.fetate of Tennessee to the United
States. ...:*•."•••
Sec.^.C*.. ••JBtf* it further enacted, That this act take
effect^ aiyj^.be in force from and after its passage, the pub-
.Jicr. welfare requiring the same.
.•••/:;:JPassed January 17, 1877.
... :;./.*•* . EDWIN T. TALIAFERRO,
, • • ;\ • Speaker of the Hovm of Bepresentaiives^
"••• * HUGH M. McADOO,
Speaker of the Senate,
Approved January 17, 1877.
JAMES D. PORTER,
Oovemor,
CHAPTER II.
AN ACT for relief of CJounties wherein the Court-houses and Countj
Becords have been burned, and especially for the relief of Cock*^
County.
Whereas, Cocke county has suffered the total loss
and destruction of its court-house and records by fire,,
including the books of the Register's office, the County
Court Clerk's office, and Trustee's office ; and.
Whereas, All assessor's books, including the " Main
assessment roll," and all tax books and tax lists of every
description, were utterly destroyed ; and.
Whereas, The County Court of said county, im-
pressed with the urgency of the occasion, and having
the fullest confidence that the Legislature would ratify
their action, did, at the January term, 1877, of said
court, appoint an assessor of the taxes, to make a re-
asseaement from which to supply the "Main assessment
roll" and tax books of 1875 and 1876 for said county,
which were destroyed ; therefore.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That in any county in this State
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^here the court-house, or court-houses, have been de-
stroyed by fire, together with the records of the different TiUes mb-
<50unty offices, and wherein such steps to supply same have *™i«d*
been taken, as set forth in the preamble to this act, the
same is hereby approved, ratified and confirmed; and
that the assessment made, or hereafter to be made, by
^jssessors under the orders and appointments made by
the county courts of such counties, and the " Main as- ^.'^■^f"'^
isessment roll ^' and tax books for both past and future confirmed,
which shall be made out therefrom, shall be legal, valid
and binding to all intents and purposes. And the clerks
of the county courts of such counties are authorized,
empowered and required to make out the " Main assess-
ment rolls ^^ and the tax books for 1876 upon the return
of such assessments so made, and make aggregate state-
ments to the Comptroller therefrom, upon which basis
the collector of taxes will be charged.
Sec. 2. Be it further enacted. That the chairmen of
the county courts of such counties be and are hereby of^®^[^J3f"
•empowered to call a special term of the Quarterly CburtCottrtto^wMe
of such counties, to hear and determine the application
of all taxpayers as to erroneous assessments, such appli-
oation to be made at or before such special term, but not ,
subsequently ; and that in such cases the Trustee shall
have the same length of time to make collection of taxes
4ifter receiving the new book for 1876 as is allowed by leotlon e^?d-
law to collectors receiving their books at the regular***
times; and the Trustee of any such county shall give
bond, on receiving said book, so conditioned as to make
him and his sureties liable for taxes collected under pro-
visions of this act.
Be U further enacted, Tliat this act take effect from
«nd after its passage, the public welfare requiring it.
Passed February 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenkUivea,
. HUGH M. McADOO,
Speaker <^ the Smote.
Approved February 23, 1877.
JAMES D. PORTER,
Qoiemor,
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CHAPTER III.
AN ACT entitled An Act to extend the time in which to collect the-
taxes asseBsed for the year 1876) and for the relief of the people.
Section 1. Be it enacted by the General Assembly 'of'
the State of Tennessee, That the County Trustees of the
noT"^?? i^^r several counties of the State shall not make out and de-
liiti to iheriifs. liver to any Sheriff or Constable a certified statement of
the unpaid taxes due from delinquent taxpayers for the
year 1876, as is required by the 5th section of an Act
approved March 24, 1875, entitled "An Act more cheap-
ly to collect the State, county and municipal revenue,'*
until the 20th of October, 1877.
Seoorities to Sec. 2. Be it further enacted, That the said County
^»t ezten- Trustees shall retain the tax lists and collect the taxe&
until the said 20th of October, 1877 : Provided, however,
that said Trustees, before proceeding further to collect
said taxes, together with their securities, shall appear be-
fore the County Courts of their respective counties and
Tnuteea to ^^^"^^^^8® ^° writing their willingness to be bound
(!▼• mew bond, under the terms and conditions of their bonds for the-
collection of said taxes ; and in case they refuse so to ap-
pear and acknowledge their liability anew, then said.
Trustee is to enter into a new bond for the faithful per-
formance of his duties : Provided, however, that if any
TrvBtees foU- Trustee shall fail or refuse to renew his bond, or give a.
bondTto^beMT ^^^ ^^® ^^ hereinbefore provided, then in such case said
porMded. office of Trustee shall be declared vacant, and the County
Court shall proceed at once to fill the vacancy as required
bylaw: Provided further, that said Trustees shall re-
new their bonds, or give new ones as hereinbefore pro-
vided, on or before the first Monday in April, 1877.
Sec. 3. Be it further enacted. That on the 20th of
October, 1877, it shall be the duty of each Trustee in the
LiBt of deiin- State to make out a certified statement of the unpaid
■ilSeOof*20*** *^^®® ^"® from delinquent taxpayers in his county for the
year 1876, and deliver the same to the Constables and
Sheriff thereof, as required by the 5th section of the Act
aforesaid, entitled "An act more cheaply to collect the
State, county and municipal revenue."
Sec. 4. Be it further enacted, That in all cases where
eonsubies ^\o any Trustee has made out and delivered to the Con-
tSnsndreturn stables or Sheriff of his county, a certified statement of
liBttoTriuteesthe unpaid taxes from delinquent taxpayers in his county
for the year 1876, said Sheriffs and Constables are hereby
commanded to suspend all further collections of said
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taxes, and to return said certified statement to the Trus-
tee of their respective counties, and account for and pay
oyer the money collected by them under existing laws.
Sec. 5. Be it further enacted, That in all cases where
taxes £br the year 1876 remain due and unpaid on the
20th of October, 1877, the Sheriffs and Constables to
whose hands a certified statement of said unpaid taxes aS^SJfi^peiw^
shall have come as above provided, shall proceed to dis- naity Oct. ao.
train and sell, in all respects as now provided by law,
personal property, if to be found, for the payment of the
same, and in all cases where taxes for said year remain
due and unpaid on the 20th November, 1877, then the
Trustees are to proceed to advertise for sale, to be held
on the 20th December, 1877, all real estate against which
any demands for taxes for the year 1876 may exist : n^ny ^ ^^
Provided^ however, that nothing herein expressed shallow Deo. 20 '7T
prevent the Trustee from selling personal property for
taxes, or otherwise proceeding to collect the taxes for the
time mentioned, other than by the sale of real estate,
after the 20th December, 1877.
Sec. 6. Be it further enacted^ That when said sales of
real estate shall have been completed, and within thirty
days after the 20th of December, 1877, the Trustee shall
crertify said sales to the Circuit Court of his county, and
in all other respects, to wit: confirmation, vesting of ^
title, the giving of the purchaser possession, the right to certified to the
redeem, and all other rights and proceedings shall be had ^*'®'*^* Court,
in regard to said real estate as now by law provided, and
all laws in regard to the collection of taxes, except as
herein provided, is hereby declared to be in full force
and effect : Provided that the collection of all municipal
taxes be suspended until the 1st day of April, 1877.
Sec. 7. Be it further enavted, That so much of section
61 of an Act passed March 22, 1873, entitled "An Act
to provide more just and equitable laws for the assess- 12 per cent,
ment and collection of taxes," as imposes a penalty of 12P^J'^J*y '*-
per cent, on the 1st day of June of the year following
the year for which the taxes were assessed, be and the
same is hereby repealed.
Sec. 8, Be it further enacted, That this Act take effect
f^om and after its passage, the public welfare requiring it-
Passed February 11, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentoHves.
HUGH M. McADOO,
Speaker of the SefuUe.
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This Act having been presented to the Governor on
the 22d day of February, 1877,^ and the Governor hav-
ing failed to return it within the time prescribed by law,
the same is hereby declared to have become a law, this
the 1st day of March, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUatwe^,
HUGH M. McADOO,
Speaker of the SenaU.
Time of ses-
CHAPTER IV.
AN ACT to change the times of the sessions of the Supreme Court
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That hereafter the sessions of the
f i^o n 8 of Su- Supreme Court shall be held at Knoxville on the second
preme Court. Monday of September ; at Nashville on the first Monday
of December, and at Jackson on the first Monday of
April of each year.
Sec. 2. Be it further enacted, That so much of section
1 of an Act passed February 16th, 1875, and approved
wfm w^ed February 18th, 1875, entitled "An Act to change the
times of the sessions of the Supreme Court, and to estab-
lish an Arbitration Commission at Jackson, Tennessee,''
as is in conflict with Section 1 of this Act, be and the
same is hereby repealed.
^ Sec. 3. Be it further enactedy That all appeals hereto-
at J a^/kTo n fore taken to the Supreme Court at Jackson in civil and
at*fim'term^of "Misdemeanor causes, and also felony cases in which the
€ourt. defendant is in prison, and in all other felony cases in
which the defendant shall so elect, shall stand for trial at
the first term of said Court, as provided for by this act.
Sec. 4. Be it further enacted, That in all other felony
cases now pending in or appealed to the Supreme Court,
Bonds in fei- in either of the Grand Divisions of the State, it shall be
renewed. the duty of the defendant to renew his or her bond or
recognizance before the Clerk of the Supreme Court in
which the same is pending, at the time fixed in the bond
or recognizance for his or her appearance, with surety as
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required by law in such cases, conditioned to appear at
the first term of said Court, to be held under this act, to
answer the charge, and in default thereof he or she shall
be committed to jail until said term, unless he or she shall
sooner give good security for his or her appearance at
Court, which the Clerk of the Supreme Court is author-
ized to accept at any time and direct the discharge of the
<iefendant.
Sec. 5. Be it further enacted That this Act take effect
from and after its passage, the public welfare requiring it.
Passed February 24, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRQ,
Speaker oj the House of Bepre8entative$,
Approved February 27, 1877.
JAMES D. PORTER,
Oovemor.
CHAPTER V.
AN ACT to define and declare the 'duties of the Attorney General
of the State.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That it shall be the duty of the
Attorney General of the State to attend in person and
prosecute or defend, as the case may be, any and all suits, Attorney Ghn-
<nvil or criminal, now (or hereafter) pending in the Su- f^*^^^ ^2?^.
?reme Court of the United States, or in any Circuit or |- court whea
Hstrict Courts of the United States held in the State ofested. " "^
Tennessee, in which suit or suits the State may be a party,
or in which the State has or may have interests of pecu-
niary nature.
Sec. 2. That the necessary personal expenses incurred
by the Attorney General in the performance of the duties Expenses in-
aforesaid, and also the necessary expenses incurred by p^®jjy^^*
him for printing briefs and transcripts of records for use
in such suits as are required by law or by rule of Court
wherein the suit or suits may be pending, shall be paid
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by the State, upon audit and allowance of the Comptrol-
ler and Treasurer of the State, upon presentation of an
itemized account of the same, certified by the Attorney-
General to be correct.
Sec, 3. That this Act take effect from and after its
passage, the public welfare requiring the same.
Passed February 16, 1877.
HUGH. M. McADOO, •
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Houae of BepresentaUves.
Approved February 28, 1877.
JAMES D. PORTER,
Governor^
CHAPTER VI.
AN ACT to provide for the re-registration of Deeds and Wills where-
Court Houses and records nave been destroyed by fire.
Section 1. Be it enacted by the General Assembly of
the State of Tennesse, That where court houses and the
records of deeds and wills have been destroyed by fire
within the Jast twelve months, any and all persons whose
deeds have been registered in Register's bo^ks destroyed
by such fire, may have the original deeds, or duly certi-
fied copies thereof, with certificates, re-registered in the
r«M one-half Register's ofiice of such county upon payment to the
the usual fees. Register of one-half the usual fees for like services, and
such registration shall be as effectual and valid to all in-
tents and purposes as the original registration thereof.
Sec. 2. Be it further enacted, That in such cases where
the records of wills have been in like manner destroyed^
Willi. the original wills or certified copies thereof shall be re-
corded by the County Court Clerk of such county, and
shall be entitled to the same force and effect as the origi-
nal record.
Sec. 3. Be it further enacted. That this Act take effect
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from aDd after its passage, the public welfare requiring it.
Passed February 28, 1877. .
l^DWIN T. TALIAFERRO,
Speaker af the House (^ Be^esenUUweg,
HUGH M. McADOO,
Speaker cf the Senate,
Approved March 3, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER VII.
AN ACT to change the time fixed by law for holding the Law Court
at Ducktown, Polk countj, Tennessee,
Sectiok 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Law Court at Ducktown,
Polk county, Tennessee, shall hereafter be held on the
4th Mondays of April, August, and December, instead
of on the let Thuredays after the 3d Mondays in Janu-
ary, May and September, as now required by law ; Pro-
vided, that the term of said court beginning on the 1st
Thursday after the 3d Monday in January, 1877, shall
not be affected by this Act.
Sec. 2. Be it further enac^W, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed February 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved February 28, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER VIII.
AN ACT to repeal an Act passed March 19, 1875, entitled "An Act to
increase the revenae of the State, and to encoarage wool growing.
Section 1 . Be it enacted by the General Assembly of
the 8tat€ of Tennessee, That an Act passed March 19,
Hepeaisdog 1875, approved March 22, 1875, entitled *^An Act to in-
' crease the revenue of the State, and encourage wool
growing,^' be and the same is hereby repealed.
Sec. 2. Be it further enacted, That this act take e£Pect
from and after its passage, the public welfare requiring it.
Passed February 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenUUivei.
HUGH M. McADOO,
Speaker of the Senate.
This Bill having been presented to the Governor for
his signature on the 27th of February, 1877, and the
Governor having failed to return it within the time pre-
scribed by law, the same is hereby declared to have be-
come a law.
This the 5th of March, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Repreaentaiivet,
HUGH M. McADOO,
Speaker of theSenaU.
CHAPTER IX.
AN ACT to repeal so much of section 1, 2, 3, 4 and 5 of an Act enti-
tled "An Act to amend section 316 of the Code, providing for the
election of County Judges for the counties of Davidson, Shelby,
Knox, Montgomery and Williamson," approved March 24, 1875,
which provides for a County Judge for Cannon county.
Section 1, Be it enacted by the General Assembly of
the State of Tennessee, That so much of sections 1, 2, 3, 4
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and 5 of an Act entitled "An Act, to amend section 316
of the Code providing for the election of County Judges
for the counties of Davidson, Shelby, Knox, Montgomery q^^j^^ j^^^^
and Williamson," approved March 24, 1875, which pro- of Cannoa
vides for the election and compensation of a County
Judge for Cannon county, be and the same is hereby re-
pealed.
Sec. 2. Be it further enacted, That this Act take effect
from and after the first Monday in July, 1877.
Passed March 9, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreaeTUcUwes*
HUGH M. McADOO,
Speaker of the Senate,
Approved March 12, 1877.
^ JAS. D. PORTER.
Govemot. ■
CHAPTER X.
AN ACrr to authorize Manicipal Corporations to settle their indebt-
SiMJTiON 1. JSe it enacted by the General Assembly of
the State of Tennessee, That the incorporated towns and
cities of this State, are authorized to arrange their debt, scaling bonds,
or any portion of their debt, whether the same is due by coupons, jud»-
bonds either matured or yet to become due, over due and
unpaid, coupons, being the interest due on bonds already
issaed, debts due on judgments, or any legal indebtedness
arising from any source whatever ; said arrangement to
be based on a settlement at any rate agreed between
said towns or cities and their creditors, the rate of set-
tlement, however, not to exceed fifty-five cents in the
dollar on the face value of any judgments against said
town or city outstanding and unpaid ; and the rate of
settlement for any other species or kind of indebtedness Sess-rate.****^
to be fixed at any rate per cent, less than fifty cents on
the dollar, as may be agreed between said towns or cities
and the holders or owners of said indebtedness.
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Sec. 2. Be it further enacted, That npon the surrender
of any bond or bonds with the coupons attached which have
not matured, or upon the surrender of any over due and
unpaid coupons, or matured bonds heretofore issued by
said town or city, or upon the execution by any creditor
of the acquittance of any legal debt due from said town
or city, the said town or city is hereby invested with
Kew bonds, power and authority to issue in its corporate name a new
bond or bonds at the rate agreed as aforesaid between
said town or city and their creditors.
Sec. 3. Be it further enacted, That the new bonds shall
have not less than twenty nor more than thirty years to
tiooo bonds, run before maturity, and shall be issued in sums of $1000,
each with coupons attached bearing interest at any rate
Rate of interest not exceeding six per cent, per annam, payable at any
point in the United States designated by said town or
city ; and any bonds issued under this Act, shall be signed
^sumed. , ^y the Mayor and countersigned by the Register^ Recorder
or Secretary of the Corporation, with the corporate seal
affixed, and registry of the date, number, etc., of the bonds
issued, as well as a registry of the date, number, etc, of
the bonds, coupons, or other indebtedness surrendered for
Canoei'd debts cancellation, shall be accurately kept and transcribed in
the books of the Corporation.
Sec. 4. Be it further encbcted, That no bonds shall be
issued under the provisions of this Act, unless the Board
' of Aldermen and Councilmen, General Council, or other
Authority to legislative body or bodies, where there is more than one,
issue on s. ^^ what name or names soever called in the charter of
incorporation, shall by ordinance duly passed and ap-
proved by the Mayor, authorize the issue of said bonas,
and specify the terms on which said settlement is to be
made, the same, however, not to exceed fifty-five cents in
five^cei't?*^^**^® dollar in the compromise of judgments, and a less
rate per cent., not exceeding fifty cents on the dollar on
other kinds of indebtedness, as may be agreed with the
creditors.
Sec. 5. Be it further enacted, That in consideration of
the surrender on the part of the creditor of a portion of
the debt due to him from said town or city, it is expressly
declared, that the coupons attached to the bonds issued
Past due ftiud- under this Act, and also the bonds if not paid at maturity
ed bonds and ini 'ii ii *^... i"*
coupons receiv Shall be receivable at par by the town or city issuing the
ai/taxes and^' same, in payment of all taxes levied on real or personal
aU other debt*, gg^ate, or in payment of any privilege or license tax, or
in payment of any other debt or demand due and owing
to said town or city, it being the intent of this Act that
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Tiny over due and unpaid bond or coupon issued as afore-
said shall be always receivable at ]^ar, whensoever, by
whomsoever, and on what account soever tendered, in
satisfaction of all taxes, charges, rates or assessments
levied or imposed on persons, privileges or property, or
in satisfaction of any other debt or demand due and owing
to said town or city.
Sec. 6. Be it further enacted^ That any Municipal Cor-- .
poration issuing bonds under this Act, shall be prohibited Bcrip prohib'd.
from issuing scrip or any other bonds while their com-
promise bonds are outstanding and unpaid ; and that an
ample interest and sinking fund tax shall be levied annually
and collected, to meet the maturing interest and to pay
the bonds on maturity; and that this tax shall be faith- interest and
folly applied to the objects proposed, three sinking fundfJSf^'*' *^*^
commissioners shall be appointed, to whom the sinking
fund tax shall be paid, and three interest commissioners
shall be appointed, to whom the interest tax shall be paid ; Commission'rt
the commissioners in both cases to give bonds for the
faithful execution of their trusts.
Sec. 7. Be it further enacted, That towns, cities or
municipal corporations availing themselves of the pro- Limiting
visions of this Act to compromise their indebtedness, °^**"^*
shall not for five years thereafter levy a higher rate of
taxation than one per cent, for general purposes, nor at
any time thereafter, while these bonds are outstanding
and unpaid, levy for said purpose a tax exceeding one
dollar and twenty-five cents on the hundred dollars.
Sec. 8. Be it further enacted, That the provisions of
this Act shall form a part of the contract with the holder
of any bonds issued as aforesaid on the compromise of
indebtedness.
Sec. 9. Be it further enacted, That this Act shall con- Amends char-
stitute an amendment to the charters of all towns and
cities heretofore incorporated and organized under the
laws of this State.
Passed March 8, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
Approved March 14, 1877.
JAS. D. PORTER,
Governor.
rate
ion.
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CHAPTER XI.
AN ACT to set back Toll Gates on White's Creek Pike.
Whereas, By the original charter of Whitens Creek
Turnpike Company, passed January 2, 1830, it was pro-
vided, that the Company should build its road commenc-
ing at the Nashville bridge, and extending it to the forks
of the road, at the top of the ridge at Samuel Shannon's,
on the Russellville and Clarksville road, in Davidson
county ; that said Company should open its road at least
thirty feet wide, with suflBcient ditches on each side at all
times to carry off the water and drain the same ; that it
be substantially paved with broken stone or gravel at
least twenty-one feet wide, and to erect toll gates thereon,
and be placed as follows : the first, two or more miles
from Nashville, and the second five or more miles from
the first, and to collect tolls thereon ; and
Wh:^reas, Said charter was amended October 22,1832,
by which the Company was authorized to locate and es-
tablish permanently the route of the White's Creek Turn-
pike, commencing at the Nashville bridge and extending
thereon a distance of ten miles, or to the top of the ridge
at Samuel Shannon's, and to erect its first gate at any
point not within one mile of the Nashville bridge and not
exceeding five miles. And by an Act passed February
12, 1852, the Company was authorized to remove its first
gate nearer to Nashville, but riot so near as to be within
two miles, as provided by the original charter ; and by
an amendment to its charter, passed February 17, 1868,
the Company was authorized to keep the grade of its road
twenty-five feet wide instead of thirty, and substantially
macadamized fifteen feet wide instead of twenty-one, as
provided in original charter ; and
Whereas, Since the passage of said Act, Edgefield,
an incorporated city, situate immediately near to the city
of Nashville, across Cumberland river, has grown up, aad
its corporate limits are within less than half a mile from
said first toll gate, now situated at the forks of the White's
Creek Turnpike, and what is known as the Dickersoii
pike, and less than two miles from the city of Nashville ;
and
Whereas, Since the original and * amended charter,
to-wit: on the 21st day of August, 1860, said Company,
by virtue of an Act passed March 19, 1858, was author-
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ized to sell^ and did sell all its franchise to private indi-
viduals. Now, therefore, by virtue of the police power
of the State,
Section 1. Be it enacted by the General Assembly of
the Stale of Tennessee, That said Company, or other per-
son or persons in charge of said Turnpike and toll gates, moTed*2*inuSa
be required to remove and set back the toll gates thereon ^®°* Bdrefieid
as follows : The first gate at least two miles from the
corporate limits of Edgefield, and the second at least five
miles from the first, on the White's Creek pike.
Sec. 2. Be it further enacted, That no toll gate on the
Dickerson pike shall be within less than two miles of the
corporate limits of said city of Edgefield.
Sec. 3. Be it further enacted. That a failure to comply
with this Act by said Company, or person or persons 1.^^^^
operating the said road, shall forfeit on his or their part
all right to demand or receive toll thereon ; and that
this Act take effect as prescribed by existing law.
Passed March 10, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of ItepreaerUatives,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 16, 1877.
JAS. D. PORTER,
Governor,
CHAPTER XII.
▲N ACT as to the sale of railroads under mortga^, granting certaim
powers to purchasers, and authorizing incorporation of purchasers.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the purchasers of any rail-
road chartered by this State, and lying in whole or in
Eart in this State, which is sold under any mortgage Extendi nckte
eretofore or hereafter executed by it, who shall be, under J^gj^Jp'^j*™'*
said sale, put in possession of said railroad by any court <*®"<>"-
of competent jurisdiction, shall have the same rights to
operate the same in this State as the incorporated com-
2
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pany which executed said mortgage had by the laws of
the State.
Sec. 2. Be it further enacted^ That in case of any rail-
road company chartered by this State or other State, and
whose road lies in part or in whole in this State, which
has heretofore mortgaged its franchises, roadbeds, super-
structures, and property of every description, as provided
or allowed in the acts of this State (Acts of 1870-1871,
Furohasers Chapter 116, passed February 2, 1871), or other law or
Jage aoq«5re laws, aud said mortgage shall afterward be foreclosed in
M^Oompvaj^^ ^^y ^^^^^ ^^ ^^^^ ^^ ^ ^^^ United States having juris-
diction thereof, by sale under said mortgage, then and in
that case the purchasers at said sale shall, by virtue thereof,
be entitled to and be invested with the said franchises and
property, and with all the rights, privileges and immu-
nities appertaining thereto by the laws of this State in
the Act of incorporation of said company, and the amend-
ments thereto, and the general internal improvement law,
or other laws of this State, in as full a manner as the said
Company or companies are or were ; Provided y that nothing
berein contained shall be so construed as to exempt said
railroad and its property from liability to State, county.
Right of ex- ^^^ municipal taxation; and provided further , that the
taxation to^b« Purchasers waive any right of exemption from taxation,
waired. if any existed in the original charter, or other law of
this State, in favor of such railroad property, or stock
therein.
Sec. 3. Be it further enacted, That the purchasers of
such railroad, its property and franchises, may, after be-
How new com- ing put in possession of said property under such sale,
canSe ™*^ ^'^" ^^^t together, adopt a name for the company or corpora-
tion to operate said railroad, and elect a Board of Direct-
ors of such members as they may see fit, not less than
three, at least one of whom shall reside in this State, and
in such meeting of said purchasers every person inter-
ested in the said purchase shall be entitled to one vote for
every $100 of such interest, unless the number of votes to
which each party shall be entitled, and the mode of rep-
resenting the interest of the purchasers shall have been
previously agreed upon among the parties interested in
^•c7*Soer^ said purchase; and the said Board of Directors shall pro-
ceed to elect a President, and such other oflBcers as may
be expedient for the proper management of said prop-
erty, fix their compensation and duties, and adopt by-laws
for the government of said company, not inconsistent
with the laws of this State, and shall fix the amount of
the capital stock of said company, and, the amount of
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"stook or bonds, or both, which shall represent the inter-
•^st of said purchasers, dividing such stock into shares of
4100 each. The said Board of Directors shall make a
•certificate showing the pame of the corporation, the
amount of its capital stock, the shares into which the
same is divided, the number and residence of the Board
of Directors, where the road lies, and the name or names
by which it has heretofore been chartered and known, CeriMoate of
and shall cause the same to be signed by the President be filed with
and the members of such Board, and to be filed with the of state.
Secretary of State of this State; and thereupon the said
purchasers shall be a body corporate, under the name so
adopted, with all the rights, powers, privileges, immuni-
ties and franchises possessed under the laws of this State
by the company or companies whose road and franchises
were sold as aforesaid, under the acts of incorporation
thereof, or any amendments thereto, any subsequent act
-or acts of this State, and with all the rights, powers,
privileges and franchivses possessed by the corporation
fbrmed and organized for the building of railroads under
Act 1, Chapter 4, Title 9, or other provisions of the Code
-of this State. And said Board of Directors shall issue
to the parties interested in the purchase of said railroad,
shares of the capitol stock thereof of $100 each, to '*5uch gj^^^^^ ^^j^
amount as they shall determine, in proportion to their
rights and interests in the property, which shares shall
be fully paid, and not liable to calls, and also such bonds
and obligations as they may determine; Providedy that
no railroad company or corporation shall have the power
under this Act, or any other law of this State, to create
a mortgage or other kind of lien on its property -in this
State which shall be valid and binding against judgments ^^JfUgJ^^gJ
or decrees, and execution therefrom for timbers furnished against jucUr-
1 J 1 1 J '^ J r J 1 ments for work
or work and labor done on its road, or tor damage done or material,
to persons and property in the operation of its road in
this State; and provided further, that this State shall
have such powers over the operations of all railroads in state to pre- ^
this State as to prevent, by appropriate legislation, unjust nation and ex-
discrimination against and extortions for freight and ***'^**°'*'
passage over such railroads.
Sec. 4. Be it further enacted, That nothing in this Act
contained shall be so construed as to interfere in any
manner with valid prior mortgage liens, if any, upon the Kens to rem^^
property, rights, franchises and privileges of the com-*^***^*
pany, whose road may be sold as aforesaid, nor in any
way to impair, modify, or diminish the right of priority .
of any lien this State may have on the property so sold.
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Sec. 5. Be it further enacted, That nothing herein con--
tained shall be construed as giving to the purchasers of
Forfeited ^^Y ^^^^ ^^7 i^g^^ts^ immunities or privileges that had
JestOTed* ^^^ heeu forfeited previous to the purchase^ whether said for-
feitures had been declared or not^ nor to give^ nor shall any
thing herein contained be construed to give the said roads
any claim against the State of Tennessee under the internal
improvement laws, nor shall they have any exemption
Claim • .from taxation, nor to give the purchasers any right or ex-
theStatoOT?x-emption from taxation, by the State of Tennessee or any
tezau^n do^not counties or municipalities through which said roads may
la?.^'*'" P*^> which were granted under the original charters of
the railroads purchased, or other laws of this State.
, Sec. 6. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it..
Passed March 12, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreaefUatwea,
HUGH M. McADOO,
Speaker </ the Smalt.
Approved March 16, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER XIII.
AN ACT for the benefit of the Shelby County Turnpike Company^
Section 1. Be it enacted by the Oefneral Assembly of
the State of Tennessee, That a toUgate may be located and
erected nearer than one mile of the corporate limits of
the city of Memphis, in Shelby connty ; bat nothing in
this Act shall empower the Shelby Connty Turnpike
Company, or any one for them, to collect toll on any
travel from those living or residing on said road within
one mile of the corporate limits of said City of Memphis^
and within one quarter of a mile on each side of the line
of said road.
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Sec. 2. Be it further enacted, That t^is Act take effect
4rom and after its passage.
Passed March 16, 1877.
EDWIN T. TALIAFERRO,
Speaker (f the Houae of BepresaUadves,
HUGH M. McADOO,
Speaker tf the Senale.
Approved March 19, 1877.
JAMES D. PORTER,
Qcvermor,
CHAPTER XIV.
AN ACT to create a new county off ot Benton, Carroll, Henderson and
Decatur counties in the State of Tennessee.
Section 1, Be it enacted by the General Assembly of
4he State of Tennesaeef That a new county is hereby estab-
lished, to be composed of portions taken from Benton^ Hanes eovnty.
Oarroll, Henderson and Decatur counties^ to be known
and designated by the name of Hanes.
Sec. 2. Be it further enacted. That the county of
Hanes shall be bounded as follows : beginning on the
Humphreys county line in the Tennessee river, at a point
'eleven miles southeast of Camden, runs thence west to
Flowers^ old mill on Birdsong creek, thence northwest to
•a point 18 miles from the beginning, thence south to the
Henderson county line about 18 miles, thence southeast ®*^*"**"-
to a point due west of Hawsville, thence due east
via Blawsville to the middle of the Tennessee river,
thence down said river with the middle of its channel to
the beginning, containing about 290 square miles.
Sec. 3. Be it fwrther enacted. That for the purpose of
organizing the county of Hanes, G. W. Hanes, J. H.
Fry, D. Hill, A. R. Tippett, Eli Hatley, H. A. McKay,
J. F. Rogers, J. J. Morgan and B. F. Morris shall be
and are hereby appointed Commissioners on the part of commisaioners
the several fractions in which they reside, who shall, be- *<> <>'««"■••
fore entering on the discharge of their duty, take an oath
4>efore some Justice of the Peace, faithfully and im-
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partially to discharge all the duties incumbent upon theuh
in this Act, and in all cases of vacancy that may occur
Vacancies. ^^^ong said Commissioners previous to the organization
of the County Court of said county of Hanes, the same
shall be filled by the remaining Commissioners, and all
vacancies occurring after the organization of such Courts
shall be filled by said Court of the county of Hanes.
The said Commissioners shall enter into such bond and
security as may be required by the said County Court of"
Hanes, and payayble to the Chairman thereof, condi-
tioned for the faithful performance of their duties, as.
required by this Act. A majority of said Commission-
Acts of Com- ers shall constitute a board competent to do all things
SoSd to" oHy lierein enjoined on them ; they shall keep a record of all
Court. their proceedings as Commissioners, which shall be re-
turned to the County Court of Hanes county at its first
section, and the same shall be recorded by the Clerk
thereof on the records of said Court; and they , shall
make such returns, after the organization 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 thirty days notice ia
Election for ^^^ public place or more, of the time and place to open.
new county, and hold an election in one place or more in each
of the fractions proposed to be stricken off from the
counties of Benton, Carroll, Henderson and Decatur,
in order to ascertain whether two-thirs of the voters
residing in each of the said fractions are in favor or
or opposed to the formation of said new county or
Hanes, and all persons qualified to vote for members
of the General Assembly, residing in said fractions,
shall be entitled to vote in said election, and' each.
8 a vo y^^j, ^jjQ jg jjj fayQ|. Qf t}jg formation of the new county,
shall have on his ticket, " New County,'^ and each voter
opposed to the formati6n of said new county of Hanes,^
shall have on his ticket, " Old County,^' and if, after
^^' counting the vote cast in said election, it shall appear
that there are two-thirds of the legal votes cast in each
of said fractions in favor of the new county, then in that
case the county of Hanes shall be and is hereby declared
- a eounty, with all the powers and privileges and advan-
tages, and subject to all the liabilities and duties with
other counties in the State.
Sec. 5. J?« it further enacted, That in order to carry
Census of into effect, and make certain and accurate the provisions
Toters. jjj ^jjg 4|.jj section of this act, said Commissioners are
hereby empowered and authorized to canvass and take
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the census of the qualified voting population in the
bounds, of the several fractions proposed to be stricken
off from the counties of Benton, Carroll, Henderson and
Decatur.
Sec. 6. Be it further enacted, That for the due admin-
istration of justice, the different Courts to be holden in
the said county of Hanes shall be held at such place or and whereiwld
places, as may be designated by the said Commission,
until the seat of justice shall be located^ and all writs
and other process issuing from said Courts returnable to
the pluce, shall be legal, and the Courts of the county of ♦
Hanes shall be under the same rules, regulations and
restrictions, shall have, exercise, and possess the same
power and jurisdiction as prescribed by la\^ for holding
Courts in other counties, and said county shall be at-
tached to the 12th Judicial Circuit; and the first Circuit
Court shall be held at the time designated by the Judge
of said Circuit, and shall be attached to the 9th Chancery
Division, and the first Chancery Court shall be held at
such time as the Chancellor Judge shall designate.
Sec. 7. Be it further enacted. That all officers, civil or
military, now holding office in said county, shall continue
to hold their offices and exercise all the functions and
powers thereof until others are elected and qualified ,j^f^ oountiet
T !•* T\ •111 !•• !• nave fall con-
according to this Act: Fromded, that nothing in this troi untU eiec-
Act shall deprive the counties from which the fractions ^ ^"^ ** ® *^®"*
have been taken, having, exercise, and holding jurisdic-
tion over the county of Hanes, and the citizens thereof,
in as full and ample a manner as they now have, until,
the election of county officers takes place according to
this Act.
Sec. 8. Be it further enacted, That Commissioners are
hereby empowered, and it shall be their duty to appoint
five qualified and suitable persons to divide said county
into not less than nine civil districts, designating bound- civu districu
aries and places for holding elections in said districts,
and perform all the duties relating thereto which by the
laws of the State such Commissioners are required to do.
Sec. 9. Be it further enacted, That the Commissioners
appointed by this Act shall appoint such person or per- Election ot
sons, as they may think proper, to open and hold the county officers,
elections for county officers of said county of Hanes,
and such person or persons so appointed shall have power
to appoint deputy clerks and judges, and by himself and
deputies to administer all the necessary oaths, and per- Bywhom, how
form all other duties now made the duties of Sheriffs, or
other officers, holding similar elections , and it shall be
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the duty of such persons so appointed^ together with
their deputies, after giving fifteen days notice to open the
polls and hold an election in each civil district in said
county for district and county officers, and the officers so
elected shall hold their offices until the next regular elec-
ition for the different officiers so elected takes place in
other counties in the State.
Sec. 10. Be it further enacted, That it shall be the
duty of the above named Commission, so soon as conve-
SeiectingCo. n lent after the full and complete organization of the said
■•**• county of Hanes, to select and put in nomination two
or more suitable locations for the seat of justice of the
said county of Hanes, having a due regard for health
and convenience of a majority of the citizens of said
county, neither of which places shall be more than two
miles from the supposed or probable center of said county
of Hanes, 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 de-
clared to be the seat of justice of the said county of
Hanes, and shall be known by the name of Mt. Carmel.
Sec. 11. Be it further enacted, That it shall be the
further duty of said Commission to obtain a good and
sufficient title to twenty acres of land, upon which the
Town to be seat of justice, of said county is located by the vote of
the people, and said Commission shall lay off said land
into town lots of proper size, with the necessary streets
and alleys, reserving — acres for a public square, and a
suitable lot for a county jail.
Sec. 12. Be it J^rther enacted That it shall be the duty
of said Commission to superintend the erection of such
Public buUd- Public buildings as the County Court of said county may
"*^** direct to be built, and shall let the same out, and shall
take bonds with ample security, payable to themselves
and their successors in office, conditioned for the faithful
performance of his or their contract, the proceeds of the
sales of all donations, lands, town lots, or other gifts that
may be made in consideration of the location of the seat
A rOf lustice for said county of Hanes, or otherwise, shall be
Proceeds of ^^^ , . ,, . , , . -^ ^, * ^ ^
^nations. a lund in their hands to pay the necessary expenses in
organizing said county and paying for the erection of
public buildings ordered to be built by the County Court,
and should any surplus remain in their hands, it shall be
\ their duty to pay over the same to the Trustee to be ac-
\ counted for by him as other funds in his hands.
Sec. 13. Be it further enacted, That said Commission-
ers of Hanes county be and they are hereby authorized
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to exercise all powers and privileges conferred on them
by this Act, and any and all other powers not in viola- powen of oom-
tion of the Constitution of the State that may be neces- ™>"»on'
sary and proper for the complete setting up and organi-
zation of said county of Hanes.
Sec. 14. Be it further enactedy That the fractions com-
posing said county of Hanes shall be liable for their pro
rata of the debts contracted and owing by the counties . A«g*** •■*
from which they were taken, and shall also receive their
portion of any stocks or credits belonging to said old
counties.
Sec. 15. Be it further enacted. That this Act take
effect from and after its passage, the public welfare re-
quiring it.
Provided, that this Act shall not be so construed as to
violate the Constitutional rights of the old counties of
which it is composed. •
Passed March 16, 1877.
EDWIN T. TALIAFERRO,
Speaker nf the House of EepreaenttUioes.
HUGH M. McADOO,
Speaker tf the Senate.
Approved March 19, 1877.
JAMES D. PORTER,
Oovemor.
CHAPTER XV.
AN ACT to abolish the office of County Judge of Sumner CSounty.
and to authorize the Justices of said county to elect a Chairman of
the County Court thereof.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That sections 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12 and 13 of an act passed March 21, 1860, sec-
tion 316, B, sub-sections 1 to 13 inclusive, of Code
(Thompson & Steger^, creating and establishing the office
of County Judge of Sumner county, and all acts and
parts of acts passed prior or subsequent thereto, confer-
ring power or jiirifldiction on the judge or judges elected.
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or to be elected, thereunder for the county of Sumner^
be and the same are hereby repealed.
Sec. 2. Be it further enacted^ That the justices of
the peace of said county be authorized and empowered,
on the first Monday of July, 1878, to elect out of their
number a Chairman of the County Court, to hold his
ofl&ce until the first Monday in January, 1879; and
on the first Monday in January, 1879, and every year
thereafter the said justices will elect, out of their own
number, a chairman, and the chairman to be elected
hereunder will have and exercise all the powers, duties
and jurisdiction pertaining to chairmen of county courts
under the general laws of this State; and that all laws
and parts of laws in conflict with this act be and the
same are hereby repealed.
Passed March 16, 1877.
EDWIN T; TALIAFERRO,
Speaker of the House of Bepresentatives^
HUGH M. McADOO,
Speaker of the Senate^
Approved March 19, 1877.
JAMES D. PORTER,
Governor^
CHAPTER XVI.
AN ACT declaring the mode and manner of valuing the property of
Telegraph Companies for taxation, and of taxing Sleeping Cars.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That each telegraph company
owning and operating a telegraph line in this State
shall, by the first day of May, 1877, and for every suc-
ceeding two years, make out and file with the Comp-
CompaniestotroUer of the Treasury, a complete schedule of all its
ml«B of prop'ty property in the State, real, personal or mixed, setting
forth the number of miles and fractions thereof of its
line or lines in this State, and in each county and incor-
porated town in the State, and also the number of lines
of wire and the length thereof, and the number of poles
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used and the value of the whole, and of each part as
subdivided hei^in^ the number of batteries at each office,
and the gross receipts of each office or station in the
State for the last five years; and all real, personal or
mixed property belonging to the company within this
State not enumerated above, with its value.
Sec. 2. Be it further enacted^ That the schedule pro-
vided for by this act shall be passed by the Comptroller r.r. taxM-
to the railroad tax assessors provided for by the act of ffff®" i*p„.."-
March 20, 1875, and the acts amendatory thereof, and of property,
said assessors shall value each telegraph company, find-
ing first the total value of its property in the State, and
firom this amount shall be deducted $1,000.00, and the
amount so found shall be the sum to be taxed to such
telegraph company for State purposes, and the value per
mile as ascertained shall be multiplied by the number of
miles or fractions thereof lying and being in any county,
and the product shall be the sum or value of their prop-
erty taxable for county purposes; and the value of said
telegraph companies thus ascertained to be situated in m^SSfplS" ^*'
any incorporated town, shall be the value or sum taxable **^®*'
for municipal or corporation purposes wherein tlie same
may be situated.
Sec. 3. Be it further enacted, That the first ten sec-
tions of the act of March 20, 1876, chapter 78, defining
the mode and manner of taxing railroads, and the acts
amendatory thereof, shall apply to the assessment of tel- Railroad ux
egraph companies; and the duties imposed and the pow- tS'lppiy.™* *
era given to the assessor, and the Comptroller, Governor,
Secretary of State, and Treasurer, as a board of examin-
ers, in valuing railroads and in providing for taxing
them by the State, counties and incorporated towns, and
for collecting the taxes assessed against them, is hereby
made to apply to telegraph companies, it bein^ intended
by this act to place railroads and telegraph companies
upon the same footing, and with the same rights, duties
and burdens.
Sec. 4. Be it further enacted, That the Governor,
Treasurer, Secretary of State, and Comptroller of the
Treasury are hereby empowered and authorized to settle state officen
with the telegraph companies owning property in the *onfpanies''for
State, as aforesaid, for the taxes due the State for the ^JJJ years'*"'
year 1873, 1874, 1875 and 1876, upon the value of their
property. They, are authorized to make such settlement
as to the amount due the State for those years as is just
and right, and if such settlement will not be acoeded to
by said companies, they will direct proper proceedings
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to collect the same to be instituted ; promdedf that in
such settlement said officers shall credit said telegraidi
companies with the amount of privilege taxes paid by
them for the years above mentioned.
Sec. 5. Be it further enacted^ That section 8 of the
act of December 12, 1871, and so much of section 46 of
▲ets wealed, the act of March 22, 1873, declaring telegraph a privi-
lege, and all laws and parts of laws levying any other
tax upon telegraph companies than an ad valorem tax, as
provided by this act, be and the same are hereby re-
pealed.
Sec. 6. Be it further enaded, That the running and
using of sleeping cars or coaches on railroads in Tennes-
Tax on sleep- See, not owned by the railroads upon which they are run
iBff eoMbes. ^j. yged, is declared to b&a privilege, and the companiea
owning and running or using said cars or coaches are re-
quired to report, on or before the first dw of May of
each year, to the Comptroller the number of cars so used
by them in this State; and they shall be required to pay
to the Comptroller, by the first of July following, fSO
for each and every of said cars or coaches used or as run
CoUeotion en- over said roads ; and if the said privilege tax herein as-
foreed. sessed be not paid as aforesaid, the Comptroller shall en-
force the collection of the same by distress warrant.
Sec. 7. Be it further enacted, That this act take
effect from and after its passage, the public welfare re-
quiring it. f
Passed March 9, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Honae of Bepregentaiwet, «
HUGH M. McADOO,
/^ptaier <if tie SemUe.
Approved March 16, 1877.
JAMES D. PORTER,
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CHAPTER XVII.
*
AN ACT to extend the time 'allowed for the completion of the unfin-
ished railroade in the State.
Whebeas^ Id consequence of the financial panic
through which we are passings many railroad companies
have been forced to suspend the work of construction ;
and,
Whebeas, It is of great importance to the sections
through which the unfinished roads are to pass that, as
&r as may be, such companies shall be encouraged to re-
orranize for the purpose of resuming at an early day.
Whebeas, In some instances the time granted in the
charter, within which roads now to be completed, has or
will soon expire, and without an extension of time can-
not be completed ; therefore,
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That all railroad companies char- crantoof fo?
tered by the State which have not been able to complete unfiSjJhe* **
their roads, shall be granted two years, from the date of "iiro^di.
the passage of this act, for the completion of their roads,
and the acts of incorporation of said roads, in so far as
ihey conflict with this act, are hereby amended.
Sec. 2. Be it further enacted, That this act take effect
from and after its passage, the public welfare requiring
it; provided, however, that all railroads accepting this
eztensioa shall be entitled to receive no aid in the shape Bxempti^nf^
of bonds, subscription as money, or otherwise, from the «iiw«ndewd.
State, under any previous laws of the State; and, pro-
vided further, that all of said railroads or companies
shall surrender any and all exemptions from taxation
daimed under original charters or amendments thereto.
Paased March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker ef the Howe df MepretenUOme,
BUGH M. McADCX),
Speaktt af tkt Senate.
Approved Manh 19, 1877. \
JAMES D. PORTER,
Oouemor.
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CHAPTER XVIII.
AN ACT to amend section 66 of an act passed March 20, 1875/ applj-
ing to municipal corporations having more than thirty-five thoa-
sand inhabitants.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the first sentence of said sec-
tion be so amended as to make the past due bonds of
said municipal corporations, like other past indebtedness,
, receivable in the payment of all taxes that have accrued
•up to the first day of January, 1875.
Sec. 2. Be it further enacted. That the second sen-
tence of said section 66 be so amended as to read, but all
taxes falling due after the first day of January, 1875,
shall be payable in current funds,, or in past due indebt-
edness of the city for the current year in kind or such as
the tax for which it is received might be applied after
collection, but all taxes falling due in 1877, or thereafter,
shall be paid either in cash or in the recognized compro-
mised coupons and bonds of said corporations, and not
otherwise; Provided, said compromise is effected; if not,
then said taxes are to be paid as provided in the fore-
going part of this section.
Sec. 3. Be it further enacted, That, the public wel-
fare requiring it, this act take effect from and after its
passage.
Passed March 16, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of ^epreemkOive^
HUGH M. McADOO,
Speaker of the Senate,
Approved March 20, 1877.
JAMES D. PORTER,
Oovemor.
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CHAPTER XIX.
AN ACT to amend an Act entitled '^An Act declaring the mode and
manner of valuing the property of a railroad company for taxa-
tion/' passed March 20, 1875, and to adjust the rights of the State
and railroads in Tennessee under the decision of the Supreme Court^
holding that the 11th section of said Act is unconstitutional.
Section. 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Railroad Tax Assessors,
provided for by an Act passed March 20, 1875, declaring
the mode and manner of valuing the property of a rail-
road company for taxation, shall hold their office for two
years, and until their successors are appointed and quali-
fied.
Sec. 2. Be it further enacted. That at the first meeting
of said Railroad Tax Assessors after their appointment,
they shall elect one of their number as President of the
Board; and said Assessors shall appoint a Secretary, who^sanSe!
shall transcribe into a well bound book the entire pro-
ceedings of said Board, which record thus made by the
Secretary shall be read over, corrected (if the same be
necessary) and approved by the Board each day, and
shall be signed by said Board; and said Secretary shall
carefully preserve and, file away all reports, documents,
and proof taken, as used by said Assessors.
Sec. 3. Be it further enacted, That as soon as said
Railroad Tax Assessors shall have completed their assess-
meut of any railroad, they shall give notice for four days
of said fact through one of the leading newspapers at^*i««©^
Nashville, Knoxville, Jackson and Memphis; and all
parties interested in said assessment may, in ten days
after said publication, file exception to the same, with
any proof that they may desire, which shall be examined
by the assessors and passed upon ; and if in their opinion
their first assessment is erroneous, they shall correct the
same and certify it to the Comptroller, as provided by
section 6 o^ the Act passed March 20, 1875.
Sec. 4. Be it further enacted j That all proof taken by
said assessors shall be reduced to writing, and be sworn proof.
to and signed by the parties; and said assessors shall
make such rules and regulations as they may think
proper as to notice and the time and mode of taking all
proof, so as to afibrd the parties interested an opportu-
nity to be present and cross-examine witnesses.
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Sec. 5. Be it further enacted. That the Governor be
CaU«dm««i- ^^^^ ^^ ^^ hereby authorized to call a meeting of said
*■«■• Railroad Tax Assessors, at any time he may deem it nec-
essary, to perform the duties imposed by this Act, and
the Act amended by it.
Sec. 6. Be it further enacted, That the Railroad Tax
Assessors, in giving railroad companies exemptions under
Bxamptloii. section 3 of the Act passed March 20, 1875, shall deduct
only one thousand dollars.
^ Sec. 7. Be it further enacted, That the assessment pro-
vided for by this Act and the Act passed March 20, 1875>
Tim». shall be for two years, and for every succeeding two years
there shall be a new assessment.
Sec. 8. Be it further enacted. That all railroads in the
State shall, by the first day of May, 1877, and each suc-
cessive two years thereafter, furnisn the schedule and re-
8jii^*iwtobeports required by the Act of March 20, 1875; and the
nl&MMb. ^ Railroad Tax Assessors hereafter to be appointed by the
Governor, shall assess all railroads in the State, and
where any railroads have not been assessed for taxation
under the first ten sections of the Act of March 20, 1875^
by reason of having accepted and complied with the pro-
imaiitB visions of the 11th section of said act, or for any other
> Md '76. cause, the Railroad Tax Assessors, when they meet, shall
assess the railroad as aforesaid for the years 1875 and
1876, and also all railroads in the State for the yeara
1877 and 1878.
Sec. 9. Be it further enacted, That all railroads in the
State which accepted and complied with the provisiona
of the 11th section of the Act of March 20, 1875, shall
be entitled to a credit for the amounts respectively paid
ifbrpr^-^y them to the State upon the amounts due by them to
jJ<>wy*j«to the State under the assessment made, or to be made^
'•^^•** under this Act and the Act of March 20, 1875, for the
years 1875, 1876 and 1877; and if the amounts so paid
by said companies shall exceed the assessment for said
years, the excess shall be refunded by the State to said
railroads, with interest.
Sec. 10. Be it further enacted. That where no assess-
ment has been made against railroads by reason of th&
11th section of the Act of March 20, 1875, or for any
other cause, the assessment herein provided for shall
have the same force and effect as if tne same had been
made by the Railroad Tax Assessors in 1876.
Sec. 11. Be it further enacted. That the Railroad Tax
^^„, Assessors shall estimate the value of all engines, cars,
— -^ ' and rolling stock as belonging to the entire railroad upon
k.
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which the same are operated^ but sn<^ as belong Id fact
to other roads shall not be included in the estimate.
Sec. 12. Be it farther enacted, That the salary of the
Secretary of the Board herein provided for shall be four
dollars per day for the time actually employed.
Sec. 13. Be it further enacted, That the action of the
Board of Examiners provided for by the 6th section of
the Act of March 20, 1875, shall be final and conclusive ^^^^^^^
as to the value of a railroad. Said Board of Examiners and duties,
shall examine the questions of assessment and valuation
as upon an appeal upon the record made up by the Rail-
road Tax Assessors, and said Board of Examiners may,
if they think the assessment made by the Railroad Tax
Assessors is too high or too low, c{iange the same so as
to fix the real value of said railroads, which valuation
shall be assessed against them, and the taxes due there-
under be paid ; Provided, that nothing in this Act shall
prevent the authorities of the various counties and in-
corporated towns from assessing the value of all railroad
property held in their respective counties and towns not
included in the assessment herein provided for, or which
may not be assessed by the assessors as herein provided ;
Provided, further, that no municipal corporation shall
levy any tax upon any railroad that passes through it, in
the aggregate, in excess of the rate of taxation levied by
the county for the same period.
Sec. 14. Be it further enacted, That if any company
operate and use, at the passage of this Act, more than
one railroad in this State, connecting together as one line
of road and branches thereof, whether the points of con-
nection be in or out of the State, and any of such roads so consolidated
used in connection with others, was, by the terms of the ^*^''**-
charter under which it was constructed, exempt on the
first of January, 1875, from taxation, though another of
such roads so used in connection was not so exempt by
the charter under which it was constructed ; then if such
company operating and using such consolidated or con-
necting railroads, will pay the State and county taxes on
all and every part of such railroads so connecting and
used together, and on all property appertaining to or
used in the operation of such roads, regardless of charter
exemptions as to such properties, according to the pro-
visions of this Act, from the first of January, 1875, to
the first of January, 1885, all and every part of such
roads so used together by one company, and all the prop-
erty in use in the operation of such consolidation of
roads, shall be exempt from any and all municipal cor-
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poratioD taxes from said first of January, 1875, to Jan-
uary 1, 1885; and the Railroad Tax Assessors shall take
proof, as provided in the fourth section of this Act, to
determine what companies shall be entitled to the benefit
of this section ; Provided, that any company which oper-
ates only one road which was exempt on first pf January,
1875, shall be entitled to the benefits of t^is section ;
and provided further, that railroad companies which de-
sire to avail themselves of the provisions of this section,
shall signify their acceptance in writing, and file the
same with the Railroad Tax Assessors by the first day
of May, 1877, and a failure to do so shall be construed
as a waiver of the same.
Sec. 15. Be it further enacted, That incorporated towns
through which railroads pass shall only tax such roads
for such amounts as may be apportioned to such towns
iCunieipai by the Railroad Tax Assessors, as provided for in this
****** Act, and the said amended Act as modified by this Act;
and that so much of the Act of March 20, 1875, amended
by this Act as is in conflict or inconsistent with this Act,
be repealed.
Sec. 16. Beit Jurther enacted. That the President and
Secretary of each railroad company shall verify the cor-
rectness and completeness of the schedules required by
OftMrtoTerifythe first section of the Act passed March 20, 1875,
** * "^®** amended by this Act, by aflSdavit made before some
judge of the State, and appended to such schedules; and
that it shall be perjury for any such officer to willfully
and knowingly swear falsely in such affidavit.
I^EC. 17. Be it further enacted. That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March — , 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUoHvm.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 20, 1877.
JAS. D. PORTER,
Oovemor»
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CHAPTER XX.
AN ACT to authorize anj railroad corporation which has been cre-
ated, or whoBe corporate existence has been recognized by any act
of the Legislature of this State, to become purchaser of any rail^
road sold in this or any adjoining State, under any judicial proceed-
ing, or sold by any purchaser desiring title from such sale.
Section 1. Be it enacted by the General Assembly of
-the State of Tennessee, That any railroad corporation
which has been created, or whose corporate existence has
been recognized by any act of the Legislature of this
State, is hereby authorized and empowered to become
purchaser of any railroad sold in this or any adjoining
State under any judicial proceeding in such State, or sold
by any person or persons natural or corporate, who may
have purchased or desired title under or from any such
judicial sale.
Sec. 2. Be it further enacted,, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 16, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House cf Representatives,
HUGH M. McADOO,
Speaker df the SeruUe.
Approved March 20, 1877.
JAS. D. PORTER,
QmemoT. .
CHAPTER XXI.
AK ACT to repeal an act entitled ''An Act to amend the Usuiy Lawi
of the State, and to eertahlish a conventional rate of interest/' and"
to prevent the use of money at a greater rate of interest than six
per cent, per annum. >
Section 1. Be it emieied by the GeneraJ Assembly of
Vie State of Tennessee, That an act passed February 23,
1870, entitled "An Act to amend the Usury Laws of the
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StatCi and to establish a conventional rate of interest/^
be and the same is hereby repealed.
Sec. 2. Be it farther enacted, That this act take efieot
from and after its passage, the public welfare requir*
ing it.
Passed March 14, 1877.
EDWIN T. TALIAFERRO,
Speaker o/ the Haiue q^ BepremUaHim,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 20, 1877.
JAMES D. PORTER,
Oovemor^
CHAPTER XXII.
AN ACT to repeal an Act entitled '^An Act to amend the usury law»
of the State, and to establish a conventional rate of interest/' and
to prevent the use of money at a greater rate of interest than six
per cent, per annum.
Section 1. Be it enacted by the Oeneral Assembly of
the State of Tennessee, That an Act passed February 23^
1870, entitled "An Act to amend the usury laws of the
State and to establish a conventional rate of interest/' be
and the same is hereby repealed.
Sec. 2. Be it further enaxsted. That this Act take effect
fix)m and after its passage, the public welfare requiring it-
Passed March 14, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the House of BepreaerUatieet^
HUGH M. McADOO,
Speaker of the Senaie.
Approved March 20, 1877.
JAS, D. PORTER,
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\
\
, CHAPTER XXIII.
AN ACT to prohibit the sale of intoxicating liquors n
of learning.
Section 1. Be it enacted by the General
the State cf Tennessee, That it shall not, hereatter^ oe mw-
' fill for any person to sell or tipple any intoxicating bev-
-erage within four miles of an incorporated institution of
learning in this State^ and that any one violating the
provisions of this Act shall be guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not
less than one hundred dollars, nor more than two hun-
dred and fifty dollars, and imprisonment for a period not
less than one nor more than six months.
Sec. 2. Be it further enxicted, That this Act shall not
^pply to the sale of such liquors within the limits of any
incorporated town, nor to sales made by persons having
licenses to make the same at the date or the passage of
'this Act, during the time for which such licenses were
granted, nor to sales by manufactories of such liquors in
'wholesale packages or quantities. ,
. Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepreientaiivei,
HUGH M. McADOO,
Speaker <^ tiU Senate.
Approved March 20, 1877.
JAS. D. PORTER,
Oovemor*
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WUktttmj.
CHAPTER XXIV.
AN ACT relating to the United States Co^at Survey in the State o^
Tennessee. ^
Section 1. Be it enacted by the Oeneral Assembly of
the State of Tennessee, That any person employed under
and by virtue of an Act of Congress of the United States^
passed the tenth day of February, one thousand eight
hundred and seven and of the supplements thereto, or
under the direction of Congress to form a Geodetic con-
nection between the Atlantic and Pacific coasts, and to
fiirnish triangulation points for State Surveys, may enter
upon such lands within this State for the purpose of ex-
ploring, triangulating, leveling, surveying and of doing
any other act which may be necessary to carry out the^
objects of said laws, and may erect any works, stations^
buildings and appendages requisite for that purpose, do-
ing no unnecessary injury thereby.
Sec. 2. Be it further enacted. That if the person or
persons, over whose lands the survey has been made, or
upon whose lands monuments, stations or buildings have-
been erected, or who has in any way sustained damage by
such survey, cannot agree with the officer of the Coast
Survey as to the damage sustained, the amount of sucb
damage may be ascertained in the manner provided by
Chapter 11, of Title 8, Code of Tennessee, providing for-
taking private property for public uses.
Sec. 3. Be if further enacted, That if any person shall
willfully deface, injure or remove any signals, monuments^
buildings or other property of the United States Coast
Landmarki to Survey, constructed or used, under or by virtue of the^
***^"** Acts of Congress aforesaid, he shall forfeit a sum not
exceeding fifty dollars for each offense, and shall be liable
for damages sustained by the United States in consequence
of each defacing, injury or removal, in an action on the
case in any Court of competent jurisdiction.
Sec. 4. Be it further enacted, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 17, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker </ the House of Bepresentaiives,
Approved March 21, 1877.
"JAS. D. PORTER,
Oovemor^
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CHAPTER XXV.
AN ACT for the Protection of Fish in the Counties of Bobertnon,
Montgomery, Maury, Gibson, Madison, Stewart, Franklin, Loudon,
Monroe, Hawkins, Henry and Crockett, Tennessee.
•
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That it shall not be lawful for any
person or persons to catch or take fish with seins^ nets,
traps, gigs, or by any other means whatsoever, otherwise ^^^^j^ ^^^1^^
than by angling with hook and line afid with trot line,
from the waters of any running stream in this State, and
in case 6f a violation of the above provision, the propri-
etor or proprietors of the land covered by or adjoining
the waters wherein the offense shall be committed, may
have a remedy by action at law or by a bill in Chancery
and injunction, and in either form of action, may have an
attachment to attach the seins, nets, traps or other device
provided against by this, Section, and in Chancery any
number of such proprietors may join in the bill against
any number of such trespassers, and the bill shall not be
dismissed for multifariousness.
Sec. 2. Be it further enacted, That it shall not be law-
ful for any person or persons, to place across any stream
in this State, near its mouth or opposite thereto, any seine, la^Si!" ^
net, trap, or other device, which would prevent the free
passage of fish, up or down the same, provided this shall
not interfere to prevent the erection of dams for mills.
A violation of any of the provisions of this Act is hereby
declared to be a misdemeanor. Nothing in this Act shall •
be understood to forbid the use of a hand or minnow net
in taking small fish, to be used for bait in angling, or trot
line, as before provided.
Sec. 3. Be it further enacted, That it shall be the duty
of the Judges of the Criminal and Circuit Courts of ^-tie ^e SarieF **
State, to give this Act in special charge to the Grand
Juries at each term of their respective Courts, and the
Grand Juries shall have the right and power to send for
and examine witnesses, in all cases when they suspect a
violation of this Act, and any one of the Grand furors
shall have the power to swear such witnesses, and the jury
may make presentment upon their testimony.
Sec. 4. Be it further enacted. That prosecutions under
this Act may be sustained by indictment without any Prosecutitw.
prosecutor. The provisions of this Act shall not apply
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to navigable Btreams in this State, below the point of
navigation.
Sec. 5. Be it further enacted. That this Act shall apply
only to the counties of Robertson, Montgomery, Maury,
Limiti. Gibson, Madison, Stewart, Franklin, Loudon, Monroe,
Hawkins, Henry and Crockett. Provided, that that por-
tion of Crockett county formerly belonging to iJyer
county shall be exempt from ihe provisions of this Act.
Sec. 6. Be it further enacted, That all laws in conflict
with this Act be, and the same are hereby repealed, and
that this Act take eJBPect from and after its passage, the
public welfare requiring it.
Passed March 19, 1877.
HUGH M. McADOO,
^ Speaker of thB Smote.
EDWIN T. TALIAFERRO,
^ Speaker of the House of BepreaentativeB,
Approved March 21, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER XXVI.
AN ACT to change the time of holding the Circuit Court of Trous-
dale County.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That hereafter the term of the Circuit
Court of Trousdale county, which now begins on the
fourth Monday of December, shall begin on the third
Monday of December, and all process, bonds, and recog-
nizances, made returnable to said fourth Monday, shall
be returnable to the third Monday, as established by this
Act.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker ef the Home of S^fresenbOieei.
Approved March 21, 1877.
JAS. D. PORTER,
Oovamor.
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CHAPTER XXVII. ^
AN ACT to change the time of holding the Circuit Court of Maoon
County.
Section 1. B^ it enacted by the General Assembly of
the State of Tennessee, That the term of the Circuit Court
of Macon county, which now begins on the third Monday
in December, shall hereafter begin on the first Monday
in January ; and all process, bonds and recognizances
made returnalble to said December term, shall be retiim-
able to said first Monday in January.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House cf Bepreaentalives.
Approved March 21, 1877.
JAS. D. PORTER,
Chvemor,
CHAPTER XXVIII.
AN ACT to extend the jurisdiction of Boards of Health.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Boards of Health now ex-
isting, or that may hereafter be established in the various
cities and towns of the State, shall have the same jurig-
diction and authority to do all acts in the territory ex-
tending one mile from the Corporation line, in any direc-
tion that they have within the Corporation ; Provided^
that the jurisdiction herein conferred shall not extend
beyond the limits of the county, in which any city of
town is situated; and provided, that if two cities He
nearer than two miles of each, the jurisdiction in dist-
ance shall be divided between them.
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Sec. 2. The public welfare demanding it, this Act
shall take effect from and after its passage.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker (^ the House «f J!g>rc8ento(i«M.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 21, 1877.
JAS. D. PORTER,
Oovemor,.
CHAPTER XXIX.
AN ACT to reduce the boun4aries of the corporations of the town»
of Lebanon and Manchester, Tennessee.
Section 1, Be it enacted by the General Assembly of
the Stfde of Tennessee, That the boundaries of the corpo-
ration of the town of LebaYion, Tennessee, shall be as
follows, to wit : beginning at the intersection of the Ten-
nessee & Pacific Railroad with Greenwood street or
Tucker's Hill turnpike, running thence to the southwest
corner of E. J. Golladay's lot, purchased of C. J. Wool-
lard and W. H. Smith ; thence with' the street north to
Town Creek ; thence up said creek to the southeast corner
of the Fair Grounds ; thence with the east boundary line
of the Fair Grounds to the Cole's Ferry pike ; thence by
a straight line to the southeast corner of W. W. Carter's
lot, in the center of Cumberland River pike; thence due
east four hundred feet to a stake; thence by a straight
line to a point in the Rome pike two hundred and fifty
yards from Miss Margaret Campbell's northeast corner ;
thence due south to the Cove Spring ; thence by a straight
line to the present eastern terminus of Tennessee & Pa-
cific Railroad ; thence with said railroad to the beginning.
Sec. 2. Be it enacted, That this Act shall not be so
construed as to release any person or properties within
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the limits of the old boundaries from the liability for the
bonded debt created before the passage of this Act.
Sec. 3. Be it further enacted^ That Section 17 of an
Act passed February 6th, 1858, entitled *^An Act to
amend the charter of the city of Knoxville, and to in-
corporate the town of Manchester, Coffee county," to
amend the charter of the city of Memphis, to amend the
charter of the town of McMinnville, and to amend the -^a^cheeter.
second section of an Act passed February 28th, 1856,
chapter 133,'entitled "An Act lo provide for the election
of an additional Justice of the Peace of the town of
Rome," be so amended as to strike out all after the
words " as follows," in the second line, and insert, " be-
ginning at a spring at the northeast corner of a tract of
land conveyed by Andrew Erwin to the companies to
locate the town of Manchester ; thence on east to a stake
one hundred and fifty feet east of the McMinnville and
Manchester Railroad; then south 11^ west to the old
Hickory Creek road ; thence east to the bank of Camp
Fork ot Duck river; thence upt he river to W. D.
Carnes^ northwest corner; thence south with his west
boundary to the Hillsboro road ; thence westward along
the north margin of said road to a stake one hundred
and fifty feet east of said railroad; thence south IP west
to the Grindstone Hollow; thence west with said hollow
to a stake in the west boundary of the town site ; thence
north with said west boundary to said river, and thence
Eastward to the beginning, so as to include the town spring. ,
Sec. 4. Be it enacted^ That this Act take effect from
and after its passage, the public welfare requiring it.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Eepresentatives.
Approved March 21, 1877.
JAMES D. PORTER,
Governor,
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CHAPTER XXX.
AN ACT granting to the town of Mitchellsrille an additional Jxuh
tice of the Peace.
Sec. 1. Beit further enacted by the Oenerai AasenMy
of the State of Tennessee, That the incorporated town of
Mitchellsville shall have a Magistrate in addition to the
two now allowed in Civil District No. 1, in Robertson
county, who shall live within the corporate limits of the
town of Mitchellsville.
Sec. 2. Be it further enacted. That this additional
Magistrate in the town of Mitchellsville^ Civil District
No. 1, in the county of Rbbertson, shall have concurrent
jurisdiction with the other Justices of the Peace in said
county of Robertson.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker tf ike Smote,
EDWIN T. TALIAFERRO,
Speaker of the House of BepreeerUatioe^
Approved March 21, 1877.
JAMES D. PORTER,
Oocemor^
CHAPTER XXXI.
AN ACT to declare the terms on which Foreign Corporations or^
fanized for mining or manufacturing purposes may carry on their
usiness, and purchase, hold and convey real and personal prop-
erty in this State.
Section 1. Be it enacted by the Oenerai Assembly of
the State of Tennessee, That corporations chartered or
organized under the laws of other States or countries,
for the purpose of mining ores or coals, or of quarrying
stones or minerals, of transporting the same, or erecting,
purchasing or carrying on works for the manufacture of
metalsy or of any articles made of or from metal, timber,
cotton or wool, or of building dwelling houses for their
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workmen and others^ or gas works^ or water works, or
other appliances designed for the promotion of healthy
good order, or general utility, in connection with such
mines, manufactories and dwelling houses, may become
incorporated in this State, and may carry on in this
State the business authorized by their respective charters,
or the articles under which they are or may be organized,
mnd may enjoy the rights and to do the things therein
specified, upon the.terms and conditions, and in the man-
ner and under the limitation herein declared.
Sec. 2, Be it further enacted, That each and every
corporation created or organized under or by virtue of
any government other than that of this State, of the
character named in the first section of this Act, desiring
to carry on its business in this State, must first file in the
office of the Secretary of State, a copy of its charter or
articles of association, certified in the manner directed Copy of oiiMter
by law for the authentication of the statutes of the State
or country under whose laws such corporation is char-
tered or organized, and must cause an abstract of the
same to be recorded' in the office of the register of each
county in which such corporation proposes to carry on
its business or to acquire any lands.
Sec. 3. Be it further enacted, That such corporations
shall be deemed and taken to be corporations of this
State, and shall be subject to the jurisdictions of the
Courts of this State, and may sue and be sued therein in
the mode and manner that is, or may be, by law directed
in the case of corporations created or organized under *
the laws of this State.
Sec. 4. Be it further enacted, That such corporations May held
may purchase, acquire and hold real Estate in fee or any JigJeniT ^*
other interest less than the fee, and personal property of
every kind; as they may deem necessary or suitable for
the carrying on of the business specified in their said
charters or articles of association, filed as aforesaid with
Ihe Secretary of State, and may sell, lease and convey
such real estate as natural persons may do. And the
State of Tennessee does hereby release its right of escheat
bv virtue of the alien origin of such corporations, or the
alienage or non-residence of the shereholders of such
corporation, or any of them.
Sec. 5. Be it further ^enacted, That the corporations,
and the property of all corporations coming under thepr^p^^^i^i^
provisions of this Act, shall be liable for all the debts, **<>' Sebu.
uabilities and engagements of the said corporations, to
be enfor9ed in the manner provided by law, for the ap-
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plication of the property of natural persons to the pay-
ment of their debts, engagements and contracts^ Never-
Resident cred- ^'^^l^'^^® creditors who may be residents of this State shall
iters have pri- have a priority in the distribution of assets, or subjection
of the same, or any part thereof, to the payment of debts
over all simple contract creditors, being residents of any
other country or countries, and also over mortgage or
judgment creditors, for all debts, engagements and con-
tracts which were made or owing by the said corpora-
tions previous to the filing and registration of such valid
mortgages, or the rendition of such valid judgments.
But all such mortgages and judgments shall be valid, and
shall constitute a prior lien on the property on which
they are or may be charged as against all debts which
may be incurred subsequent to the date of their registra-
tion or rendition. The said corporations shall be liable
to taxation in all respects the same as natural persons
resident in this State, and the property of its citizens is
Taxation. ^j. j^^^ ^^^ liable to taxation ; but to no higher taxation,
nor to any other mode of valuation, for the purpose of
taxation ; and the said corporations shall be entitled to
all such exemptions from taxation which are now or may
be hereafter granted to citizens or corporations for the
purpose of encouraging manufactures in this State or
otherwise.
Sec. 6. Be itjurther enacted, That such of said corpora-
tions as shall engage in the mining of coals, iron ore or
»;.k*^f-««e other minerals, and in the manufacture of iron and other
metais, shall have the right to construct and maintain
roads, bridges, canals, tramways, telegraph lines and
railroads between their mines and their places of manu-
facture, and for purposes of inlet or outlet to or from any
railroad now or hereafter to be constructed, or to any
river or water way at the poinl or place most convenient
for its operation and its business, and for this purpose
such a corporation may pnrchase or acquire the necessary
rights of way by contract with the owner or owners of
the said lands on which the right of way is desired.
Sec. 7. Be it further enacted^ That all corporations
(j^jpy^f^jj^^. coming under the provisions of this Act, shall in good
ter to be filed faith and truly, within one year after filing with the Sec-
year, pg^jy ^f State the certified copy of the charter or articles
of association as hereinbefore provided, begin and pro-
ceed with the business described in the said charter or
articles of association so filed, and shall in good faith
continue the same under the powers of said corporation
in this said charter or articles of associations as in this
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Act declared ; it being a chief object of this Act to se-
<5ure the opening and development of the mineral re-
sources of the State^ and to facilitate the introduction of
foreign capital^ and upon the failure of any such corpo-
ration to commence in good faith, to develop and work
some portion of its property within this State within ^jtedl'*'** ^*''
one year after filing its said charter or articles of associa-
tion in the office of the Secretary of State, all rights
and privileges conferred by this Act shall lapse and be-
•come void and of no effect.
Sec 8. Be it further endoted, That any corporation
obtaining and having the privileges of this Act, may
establish towns, villages or settlements for the use and
residence of its employees, and others, on any lands ac- poweriH"***'
quired by virtue of this Act, and until the population is
sufficiently large for the formation of municipal corpora-
tions in any of such towns or villages, may establish such
regulations for the government thereof as shall not be
inconsistent with the laws of this State ; and it shall not
be lawful for any person or persons (except for medical
uses as evidenced by the written order of some duly cer-
tified medical practitioner), nor for any corporation, to dis-
till, have, make, sell, barter, or give away, any spirituous
liquor or intoxicating drink of any kind, whether de-j^.^^^^Jf^r w*-
scribed as " bitters,^^ or by any other name that may be
used to disguise its real nature, or to evade the provis-
ions of this Act, upon any lands acquired by any corpo-
ration under this Act, nor within a radius of five miles,
{except within the boundaries of an incorporated town),
from any mine or quarry, or of any furnace, rolling mill, ^
foundry or factory of any kind established or purchased
by any corporation under this Act, so long as such mine,
quarry, furnace, rolling mill, foundry or factory is actu-
ally worked, or held for the purpose of being worked,
or whilst under construction, and all the provisions and
restrictions of Chapter 112 of the Acts of the Legisla-
ture of Tennessee, 1871, passed 14th December, 1871^
are hereby declared applicable to all corporations organ-
ized under this Act; and all persons violating any of the
provisions of this section of this Act, shall be punished
as declared in the said Act of 1871.
Sec. 9. Be it further encusted, That if any such ^charter
or articles of association, or any part thereof, filed as
aforesaid in the office of the Secretary of State, should
be in contravention or violation of the laws of this State,
all such parts thereof as may be found to be in conflict
with the laws of this State shall be null and void.
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Sec. 10. Be it further enacted. That this law stxsM take
effect from the date of its passage^ the public welfare
requiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of HepresentcUives.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 21, 1877.
JAMES D. PORTER,
Governor.
CHAPTER XXXII.
AN ACT to provide for the removal and re-interment of the remains
of ex-Governor Willie Blount, and to erect a suitable monument
over his grave.
Whereas, it is represented that ex-Governor Willie
Blount died many years ago in the county of Montgom-
ery, and was buried about ten miles from the town of
Clarksville in said county ; and,
Whereas, It is further represented that the grounds
where he is buried are now neglected, and that nothing
bat a small slab marks the last resting place of this once
illustrious citizen and Governor of the State; and
Whereas, It is the opinion of the General Assembly
of Tennessee that the memory of the illustrious deceased
should be honored by a proper and decent burial ground,
and by a monument suitable to his character and distin-
guished services; therefore.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Superintendent of the
Capitol shall, within, the next six months, remove the
remains of ex-Governor Willie Blount to, and inter Ihem
in. Greenwood Cemetery, near the town of Clarksville,
in the county of Montgomery.
Sec. 2. Be it fwrther enacted, That the Superintend-
ent of the Capitol shall, as soon as possible after he has
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complied with the requirements of section 1 of this act,
have a suitable monument erected over the grave of said
ex-Governor Blount, with suitable inscriptions thereon,
the inscription to be furnished him by the present Gov-
ernor of the State.
Sec. 3. Be it further enacted. That the expenses of
executing the requirements of this act shall be paid by
the Treasurer upon the warrant of the Comptroller, such
warrant to be issued upon the order of the Governor;
Provided, the monument shall not cost more than five
hundred dollars.
Sec. 4. Be it further enacted. That this act take
efiFect from and after its passage, the public welfare re-
quiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUativea,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 21, 1877.
JAS. D. PORTER,
Governor,
CHAPTER XXXIII.
AN ACT for the more efficient collection of municipal taxes in corpo-
rations having more than 35,000 inhabitants.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That hereafter, in offering lands
within any of said municipal corporations for sale, the
tax collector or party making such sale shall offer it first
for the unpaid municipal taxes, costs and charges for theni^p'JJ^t«'2J^*
■shortest period less than two years to any one who will
bid and pay the amount of said taxes, costs and charges,
except mandamus taxes for the year which it is sold, and
if such a purchaser shall be found for the shortest period
less than two years, or if no such purchaser shall be .
found, then, and at the same time and place, said lot,
piece or parcel of land shall be 861d for the unpaid State,
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county and other taxes, with same rights of redemption
and other rights as now provided under existing laws.
Sec. '2. BeU further enacted, Whenever at any sale
for unpaid municipal taxes, any person shall have pur-
chased any lot, piece or parcel of ground for any period
have^^'immed^ l^ss than two years, and received a certificate therefor, he
ftte poBsession. ghall be entitled to the immediate possession of such lot,
piece or parcel of land for said period and no longer,
and during said period the same shall not be subject to
redemption ; and if, on demand and presentation of said
certificate to the party or parties in possession, then the
party purchasing said property or holding said certifi-
Writ maybecate, their agents or attorneys, may obtain -a writ of pos-
« tame . scssion from the clerk of the court ordering the sale of
the property, and immediately be put into possession of
the property so purchased, unless it is then made to ap-
pear either that said property was not subject to taxation,
or that the taxes had been paid prior to the sale.
Sec. 3. Be it further enacted, That so much of chap-
ter 118, of an act passed March 22, 1873, entitled "An
Lawi repealed Act to provide more just and equitable laws for the as-
sessment and collection of revenue for State and county
purposes, and to repeal all laws now in force whereby
revenue is collected from the assessment of real estate,
personal property, privileges and polls"; so much of an
act passed Marcn 20, 1875, entitled "An Act to provide
for redeeming land sold for taxes"; and so much of an act
passed March 22, 1875, entitled "An Act to amend all
laws for the assessment and collection of revenue," as con-
flict with the provisions of this act, are hereby repealed ;
Provided, that nothing herein contained shall be so con-
strued as to interfere with the State or county in collect-
ing taxes or making sales for same under existing laws,
or the right of redemption for same.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Sbvse of Bepresentatives.
HUGH M. McA'DOO,
^eaher of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
ChnmoT,
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CHAPTER XXXIV.
AN ACT to repeal section 2 of an act entitled "An Act to amend the
charter of the White's Creek Tampike road, and for other pur-
poses," passed May 24, 1866.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That section 2 of an act entitled
^^An Act to amend the charter of the Whitens Creek
Turnpike road, and for other purposes/^ passed May 24,
1866, be and the same is hereby repealed.
Sec. 2. Be it further enaeted. That this act take
-effect from and after its passage, the public welfare re-
<juiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Souse of BepresentaMves.
HUGH M. McADOO,
Speaker of the Sencde,
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER XXXV.
AN ACT to axnend and declare the law in relation to lawful fences.
Section 1. SeU enacted by the General Assembly of
the State of Tennessee, That an act entitled ''An Act to
amend and repeal certain sections of the Code, and
^fine lawful fences,'^ pasfted March 23, 1875, be. an4
the same is hereby repealed, and that sections 1683 and'
1684 of the Code of Tennessee be and they are hereby
re-enacted.
Sec. 2. Be it further enaMed, That section 1682 of
the Code of Tennessee be so amended as to read: Every
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{>lanter shall make and keep a sufficient fence around hi»
..-«^*- ..« ^^^ 1^ cultivation; and a sufficient fence shall be as fol-
d^ftaed. jQy^g . ^ common worm or crooked rail fence shall be five
feet high^ a post and plank or post and rail fence shall be
four feet high, and such fences shall be of ordinarily
sound and silbstantial material; a stone fence shall be a
substantial wall three and one-half feet high.
Sec. 3, Be it further enacted^ That every bank or
BaakB used Other means used as a fence, or part of a fence, shall be
M fenoM. jj^ij g^jj J deemed a lawful fence, in the sense of this act^
if it be, as an obstruction to stock, equivalent to either
of the three classes of fence described in the second sec-
tion of this act; Provided, that such fences shall be close
enough for two and a half feet from the bottom to pre-
vent hogs, large enough to do damage, from passing
through the fence.
Sec. 4. Be it further enacted, That this act take
effect from and after its passage, the public welfare re-^
quiring it.
Passed March 14, 1877.
EDWIN T. TALIAFERRO,
/Speaker of the Souse of Hepreaentativea.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Governor^
CHAPTER XXXVI.
AN ACT to repeal section 11 of an act passed March 17, 1873, end*
tied An Act to fund the past due bonds and coupons of the^State^
and to sustain the credit thereof.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That sibtion 11 of an act passed
March 17, 1873, entitled "An Act to fund the past due
bonds and coupons of the State, and to sustain the credit
thereof," be and the same is hereby repealed.
Sec. 2. Be it further enacted, That this act shall take
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effect from and after its passage^ the public welfare re-
<)uiring it. »
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hoibse of JRepresentatives.
HUGH M. McADOO,
/Speaker of the Senate.
Approved March 22, 1877.
JA8. D. PORTER,
Oovemor.
CHAPTER XXXVII.
AN ACT to repeal an act entitled An Act to protect private fisheriee,
passed March 24, 1875, chapter 114.
Section 1. Beit enacted by the General Assembly of
4he State of Tennessee, That an act entitled an act to pro-
tect private fisheries, passed March 24, 1876, chapter
114, so far as the same applies to Obion, Lake, DeKalb
and Lawrence counties, be and the same is hereby re-
pealed.
Sec. 2. Be it fwrther enacted, That this act take
effect from and after its passage, the public welfare re-
Hjuiring it.
Passed March 20, 1877.
t EDWIN T. TALIAFERRO,
Speaker of the House of Hepresentatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JAS. D, PORTER,
Ghvemor^
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CHAPTER XXXVIII.
AN ACT to repeal an act entitled "An Act for the protection and
preservation of game in Lake county/' passed March 11, 1875.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an act passed March 11,
1875, chapter 17, entitled an act for the protection or
game in Lake county, be and the same is hereby re-
pealed.
Sec. 2. Be it further enacted, That this act take-
effect from and after its passage, the public welfare re-
quiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Exmse of Mepresentatives.
HUGH M. McADOO,
Speaker of the Smaie.
Approyed March 22, 1877. ^ • • . .
JAS.^ p.- PORTER,
- ■ Ooverrwr^
CHAPTER XXXIX^ .;
AN ACT to repeal Section 27 of an Act incorporating the Winan-
High School at Knoxville, Tennessee, and for other purposes.
Section 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That Section 27 of an Act passed
the 6th of March, 1868, entitled "An Act to incorporate
the Winan High School at Knoxville, Tennessee, and for
other purposes/^ be, and the same is hereby repealed.
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Sec. 2. Be it faHher enacted^ That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenUUives,
HUGH M. McADOO,
Speaker of the SeruUe. ' :
Approved March 22, 1877.
JAS. D. PORTER,
Governor,
CHAPTER XL.
AN ACT to fix the time of. holding the Chancery and Circuit Courts
- at Va^tdg-bilj;, for the County of Unicoi.
*j'.:5 t ^ ■■■* •
Section 1.^ "Be^it^ enacted by tfi^ General Assembly of
the State of Ten^esse^,' That the times of holding the
Chancery Court at Vandefbilt for the county of Unicoi,
shall be on the first Mondays in January and July.
Sec. 2. Be it further enacted^ That the times for hold-
ing the Circuit Court for Unicoi county, shall be on the
fourth Mondays in February, June and October.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Pasaed March 20, 1877.
-EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatwes.
HUGH M. McADOO,
^ - . Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Governor.
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CHAPTER XLI.
AN ACT authorizing Insurance Companies to reduce their Capital
Stock; and to amend an Act passed March 19, 1875, entitled
"An Act to provide for the organization of Corporations."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee^ That any InsuraDce Company,
chartered under either a general or speciaL law of this
State, be, and the same is hereby authorized to reduce
the amount of its capital stock, by the vote of its stock-
holders owning a majority of said stock ; and when such
reduction is so ordered by said stockholders, the Board
of Directors shall amend the charter of such Company in
the manner provided in section 19 of the Act of March
19, 1875, mentioned in the caption of this Act: Provided^
that any Company availing itself of the power herein
conferred, shall have and retain a surplus fund over the
amount to which the capital stock shall be reduced, suffi-
cient safely to re-insure all of its outstanding risks and
to protect the rights of all existing creditors.
Sec 2. Be it further enacted^ That this Act take effect
from ^nd after its passage, the public welfare requiring
the same.
Passed March 20, 1877,
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JA8. D. PORTER,
Governor,
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CHAPTER XLII.
AN ACT to repeal an Act entitled "An Act to establish the Law
Court of Nashville," and the Act entitled "An Act to amend an
Act to establish the Law Court of Nashville."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the above entitled Acts, the
former passed June 29, 1870, and approved July 8, 1870,
and the latter passed and approved July 8, 1870, be, and
the same are hereby repealed.
Sec. 2. Be it further enacted. That all the suits in said
Court, together with all the papers, books and records
thereof, be transferred and tried in the Circuit Court of Snite ^w>sf?''-
Davidson county, which Court shall have full power over Court,
the same that it would have had, had the suits been
brought in said Court originally.
Sec. 3. Be it further enoMed, That the Clerk of the
said Circuit Court shall keep and preserve the papers, Records and
records and books of the said Law Court in his office, ****"'
and in all respects as papers, records and books of the
Circuit Court are kept.
Sec. 4. Be it further enacted, That section 5 of an Act
passed December 15, 1871, entitled "An Act to extend
the jurisdiction of the Law Court and Chancery Court of
Humboldt, Gibson county," be amended by striking out
all after the word '^Courts" in the fifth line to the word
"Courts" in the 8th line; and that section 9 of an Act
passed June 29th, 1870, entitled "An Act to establish the
Law Court of Nashville," be revived.
Sec. 5. Be it further enacted, That this Act take effect
from and after the first Monday in May, 1878.
Passed March 19,'l877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives,
HUGH M. McADOO,
Speaker of the SeruUe.
Approved March 22, 1877.
JAS, D. PORTER,
Governor,
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CHAPTER XLIII.
AN A err to change the line between the Counties of Dyer and
Lauderdale.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the line between Dyer and
Lauderdale counties be so changed as to transfer from
Lauderdale to Dyer county all the territory of Lauder-
Clanged lino. ^^^^ county north of the following line : Beginning in
the county line in the middle of the channel of Forked
Deer river, opposite the old shingle yard below Key Cor-
ner, running thence due south to the centre of the road
leading to Hale^s Point from Double Bridges; thence
eastwardly along said road to the centre of the road
leading from Key Corner to Ripley ; thence southwardly
along said road to the centre of the channel of Mill Creek ;
thence down said creek as it meanders to the county line,
to-wit, the south fork of Forked Deer river.
No exemption Sec. 2. Be it further enacted, That the passage of this
UabiiitiM.*"* Act shall in no wise exempt any of the citizens or prop-
erty within the territory above mentioned from any lia-
bility already lawfully incurred either to Lauderdale
oounty or for any railroad subscription.
Sec. 3. Be it further ena/stedy That the County Court
Taxea for 1878. ^^ Dyer county shall provide for the assessment and col-
lection of taxes in said territory for the year 1878, and
Bieotion of shall provide for the election of Justices of the Peace and
Justices. Constables in said territory, as soon as they see proper,
looking to the public welfare.
Sec. 4. Be it further enacted, That the Justices of the
Peace and Constables who are at present in office within
the above described territory, shall serve as officers of
Dyer county until their successors shall be elected and
qualified.
Sec. 5. Be it further enacted, That nothing in this Act
shall be so construed as to reduce Lauderdale county
below her constitutional limits ; and this Act shall become
thVvoters to a law as soon as two-thirds of the qualified voters residing
decide. jjj ^j^^ territory proposed to be added to Dyer county,
shall so express their desire at an election to be held by
the sheriff of Lauderdale county, who is hereby authorized
and instructed to hold such election in the mode and
manner prescribed by law, within six months after the
passage of this Act, first giving thirty days^ notice of said
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eleotioD ; the polls shall be open as the law provides^ in
two of the most convenient places in the territory men-
tioned above, and the said sheriflF shall make known the Election and
result of the election in writing to the Clerks of the County notice of resait
Courts of Dyer and Lauderdale counties, who shall pub-
lish the same : Provided, that an accurate survey shall
first be made to ascertain if said proposed change will
reduce the county of Lauderdale below its constitutional
limits.
Sec. 6. Be it further enaded, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentaiivea.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JA8. D. PORTER,
Oovemor,
CHAPTEE XLIV.
AN ACT to establish the county line between the counties of Jef-
erson and Hamblen, and to appoint Commissioners to run and
mark said county line.
Whereas, There are differences of opinion existing
as to whether the county line between the counties of
Jefferson and Hamblen was run in accordance with the
provisions of the fourth section of the Tenth Article of
the Constitution of the State of Tennessee, in establish-
ing the county of Hamblen, which provides that no line
of any new county shall approach the court-house of
Jefferson county nearer than eleven miles; and
Whereas, It is desirable that said differences of
opinion and difficulties shall be adjusted and settled by
establishing the county line between said counties accord-
ing to the provisions of the Constitution of the State of
Tennessee. Now, therefore,
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Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the
counties of Jefferson and Hamblen shall commence at
the mouth of Hull's Branch, on the bank of the Holston
River, at or near a corner designated at that place, on
Hbo!*'**'"' *^* said river, in the boundaries of the said county of Ham-
blen, as specified in the Act of the General Assembly of
the State of Tennessee establishing the said county of
Hamblen, passed May Slst, 1870, and approved June
8th, 1870, chapter 6 ; and said county line shall run
thence, from the mouth of said Hull's branch, south,
25^ east, as specified in said Act, to a stake at a point
eleven miles on a direct air line from the court-house of
Jefferson county ; and shall run thence from said point
in an eastern and southeastern direction along or near to
the original county line, as designated in said Act, and
as run between said counties when the county of Ham-
blen was established, as specified in said Act, to the
Cocke county line, on the northern bank of the French
Broad river, between the railroad and the mouth of the
Nolachucky river, so as not to approach the court-house
of Jefferson county nearer than eleven miles, on a direct
air line from said court-house, at any place along the
whole length of said county line, as provided in the
Constitution of the State of Tennessee.
Sec. 2. Be it further enacted, That William H. Eckel,
Samuel P. Johnson and Temple Harris, of the county of
. . Jefferson, and Rufus El Rice, William Howell and Wil- -
son C. Witt, of the county of Hamblen, be and they are
hereby appointed Commissioners, to survey, run, mark
and establish said county line in the way and manner
specified in this Act,
Sec. 3. Be it further enacted, That said Commission-
ers, or any three or more of them, in the event that any
When and of them, from any cause, shall not act, shall be and they
8ioner8^**°e?aii ^^e hereby authorized, empowered and directed to use
duties"* ^^^^^ ^"^ employ all the necessary means and appliances to
enable them to perform the duties assigned to them in
this Act, and they shall meet at or near the mouth of
Hull's branch, the beginning corner of said county line,
in due time, and as soon as may be practicable after the
passage of this Act; and shall proceed to survey, run
and mark said county line between said counties, in the
manner and in accordance with the courses, specifications
and conditions contained in this Act; and they shall
specify and designate the courses and distances of
each and every line that they may run from corner to
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corner all along the whole length of said county line ;
and they shall also set up^ and place permanently in the
ground, suitable corner stones, or posts of some durable corner ttoaee
timber, at each and every corner they may mike, and atorpoeta of d»-
the end of every mile they may run; and also at the" * '"* **
crossing of all public leading roads, water courses and
leading ridges; and shall inscribe thereon the capital
letters C. L., for county line, all along the whole length
of said county line ; all of which shall be completed
against the first of June next, or as soon thereafter as it piote!* ** °*""
may be convenient and practicable for said Commission-
ers to complete the same ; and when said county line
shall have been run and marked by said Commissioners
in the manner specified in this Act, the said line shall be
recognized and acknowledged as the true, settled consti-
tutional county line between the said counties of Jefier-
8on and Hamblen.
SeCw 4. Be itjurther enacted,. That when said Commis-
sioners shall have completed the running and marking
said county line, as herein provided, they shall make
duplicate plats of said county line, designating the courses
and distances of all the line, all along the whole length
of said county line; and shall also make duplicate re- Reports and
ports of the manner in which they shall have performed g*^^|^ Resent
the duties assigned them in this Act, which shall be signed
by at least three of said Commissioners, one of which
reports, accompanied with a duplicate plat of the county
line, they shall make to the quarterly County Court of
Jefferson county, and the other shall be made to the
quarterly Court of Hamblen county, as soon as may
be convenient and practicable for them to do so, after
the same shall have been completed by them ; and the
same shall be made a matter of record in each of said
quarterly County Courts in said counties; and the origi-
nal reports and plats shall be filed away and preserved in
the Clerks* offices of each of said counties for future us«
and inspecton by any person who may hereafter wish to
inspect or use the same.
Sec. 5. Be it further enacted. That all the territory compensatien
north and east of said county line shall belong to Ham-^f ^^2™"**»-
blen county ; and all the territory lying south and west
of said line shall belong to Jefferson county.
Sec. 6. Be it further enacted, That said Commission-
ers shall be entitled to receive a reasonable compensation
for their services, which shall be paid to them by the
counties of Jefferson and Hamblen equally, each county,
paying one-half of the expenses.
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Sec. 7. Be it further enactedy That all laws and parts
of laws in conflict with this Act, and especially that the
third section of an Act to change the county line between
the counties of Roane and Loudon, passed by the Gen-
eral Assembly of the State of Tennessee March 24thy
1876, and approved March 24th, 1875, chapter 140,
which section of said Act changed the original line in
part between the counties of Jefferson and Hamblen, and
which change has been made the cause of the difficulty
which exists at this time, in relation to the said county
line between said counties be and the same are hereby
repealed ; and that this Act take effect from and after its
passage, the public welfare requiring it.
Passed March 20, 1877.
HUGH. M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFEKRO,
Speaker cf the House of BepreeentoHves.
Approved March 22, 1877.
JAMES D. PORTER,
Qovemor,
CHAPTER XLV.
AN ACT to amend the rules of Chancery practice, and diminiab
costs of litigations in all the Courts of Tennessee having equitable
or Chancery jurisdiction; and in the Supreme Court.
Section 1. Be it enacted by the General Assembly of
the State of TennesseCy That Section 4343 of the Code of
muB? aocompai Tennessee be amended so as to read : " The counterpart
ay counterpart subpoena to any other county shall be accompanied by a
sa poena. ^^^^ ^^ ^j^^ j^. jj^ ^ ^^ delivered to some one of the de-
fendants when the subpoena is served, ancl it shall be the
dnty of the Sheriff to read said copy to each one of the
defendants at the time he serves the subpoena.
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Sec. 2. Be it further enacted^ That Section 4344 of the
Code of Tennessee be amended so as to read : " The
Clerk shall issue, upon demand, to any one of the defend-
ants, agents or attorneys to whom no copy of the bill
appears by the Sheriif's return to have been delivered, a
certified copy of the bill, to be. charged in the bill of
costs. ' •
Sec. 3. Be it further enacted, That Section 1 of Rule
13 of an Act entitled "An Act to revise the rules of
Chancery practice," passed December 14th, 1871, be sopapen maybe
amended as to read : "After any paper is filed in a cause, quest of eithSr
either party may have the same enrolled by paying totheP^^^y-
Master the enrolling fee thereon, which may or may not,
at the discretion of the Court trying the case, be taxed to
the losing party and collected as other costs.
Sec. 4. Be it further enacted, That Section 3 of said
Rule 13 be and is hereby repealed.
Sec, 5. Be it further enacted, That Section 3227 of the
Code of Tennessee be amended so as to read : " When-
ever, in the opinion of the Court finally determining an partycaUin*
equity cause, it is necessary and proper that the proceed- for enroUment
ings should be enrolled, such Courts shall, upon applica- ^^^^ <"•■»»•
tion of either party, order the enrollment, and the Clerk
shall make the same accordingly, and the party applying
for the order shall be taxed with the costs thereof.
Sec, 6. Be it further enoAsted, That this Act take effect
from and after its passage, th^ public welfare requiring
the same.
Passed February 19, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Houae of Eepreseniativet,
Approved March 22, 18T7.
JAS. D. PORTER,
Oovemor,
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CHAPTER XLVI.
AN ACT to repeal certain povtions of an Act passed March 10, 1876,
• relating to the "Bean Station and Cumberland Gap Turnpike."
Section 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That so much of an act passed
March 10, 1875, entitled An Act to amend the varioqs
Acts in reference to the Bean Station and Cumberland
Gap Turnpike road, and to consolidate the same into one
Act, as relates to the erection of a toll gate between the
town of Tazewell and Cumberland Gap, be and the same
is hereby repealed.
Sec, 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Parsed March 20, 1877.
HUGH M. McADOO,
Speaker of theSenats.
EDWIN T. TALIAFERRO,
Speaker of the House (if BepreseTUatives,
Approved March 22, 1877.
JAS. D. PORTER,
Qovemor,
CHAPTER •KLVII.
AN ACT to change the times of holding the Chancery Courts in the
Sixth Division of Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Chancery Courts for the
Sixth Chancery Division shall be held at the following
times and places, to- wit : At Gallatin, for Sumner county,
on the first Mondays in January and June; at Hartsville,
for Trousdale county, on the fourth Mondays in January
and June; at Clarksville on the first Mondays in Febru-
ary and July; at Arlington, for Houston county, on the
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second Mondays in March and August; at Dover, for
Stewart county, on the first Monday in March and fourth
Monday in July; at Ashland, for Cheatham county, on
the third Monday in March and third Monday in Octo-
ber; at Lebanon, for Wilson county, on the fourth Mon-
days in April and fourth Mondays in October; at Spring-
field, for Robertson county, on the third Mondays in
May and third Mondays in November.
Sec. 2. Be it Jurther enacted, That all process which is
now or may be hereafter made returnable to any other
times than those fixed by this Act, shall be transferred
to the time fixed by this Act, and shall have as full force
and effect as though no change of time had been made.
Sec. 3. Be it Jurther enacted, That all other acts or
parts of acts conflicting with this Act are hereby repealed*
Sec. 4. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of RqtreaenUUivet.
, HUGH M. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JAS. D. PORTER,
Qovemor,
CHAPTER XLVIII.
AN ACT to establish the lines between Washington and Unicoi
counties.
Section 1. Be it enacted by the General Asaemily of
the State of Tennessee, That the lines between Washing-
ton and Unicoi counties be established as heretofore run
by the Surveyor of Washington county, and reported by
him to the County Court of Washington county.
5
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Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFEKRO,
Speaker <^ the House cf Bejireientatieet.
HUGH M. McADOO,.
Approved March 22, 1877.
JAS. D. PORTER,
Speaker of iheSenaU,
ER,
Oovemor,
CHAPTER XLIX.
AN ACT to amend an act entitled '^An Act for the pauper deaf and
dumb and blind children of the State," passed January 30, I860,
and to amend an act entitled ^'An Act to repeal section 1592 of the
Code in reference to the admission of pupils into the Tenneflsee
Deaf and Dumb School/' passed March 12, 1860.
Section 1. Be it enacted by the General AsBembly oj
th^ State of Tennessee, That the word " pauper/' whenever
it oecnrs in the act passed January 30, 1860, entitled
"An Act to amend an Act entitled an Act for the benefit
of the pauper deaf and dumb school,^' be stricken out of
the said Act.
Sec. 2. Be it further enacted. That the proviso in the
second section of an act to repeal section 1592 of the
Code in reference to the admission of pupils into the
Tennessee Deaf and Dumb School, passed March 12,
1860, be and the same is hereby repealed.
Sec. 3. Be it enacted, That the provisions of this Act
shall apply to pupils of the present session of said school,
beginning October, 1876.
Sec. 4. Be it further enoAsted, That this act take effect
from and after its passage, the public welfare requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bqtresentalwet.
HUGH M. McADOO,
Speaker (^ the Senate,
Approved March 22, 1877.
JAS. D. PORTER,
Gooertior.
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CHAPTER L.
I
AN ACT to amend an Act approved March 13, 1875, Chapter 36, to
punish ezecutors, administrators, guardians, and trustecM, for con-
verting trust funds to their own use and benefit, and failing to^paj
over trust funds.
Section 1. Be it enacted by the General Assembly of
4he Stale of Tennessee^ That the words " an^l maliciously/'
in line 3 of an act passed March 13^ 1875, and after the
word " willfully/' and immediately preceding the word
"** convert/' be stricken from the Act.
Sec. 2. Be it further enoMed, That this Act take effect
from and after its passage^ the public welfare demanding
the same.
Passed March 20, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Sjpeaker of the Hauee <^ BepresentcUives,
Approved March 22, 1877.
JA8. D, PORTER,
ChDcmor,
CHAPTER LI.
AN ACT to provide for an Arbitration CommisBion at Nashville,
Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Governor shall appoint
and commission three persons, learned in the law, to act
^A a special commission in hearing the causes pending on Three Oommit-
the docket of the Supreme Court at Nashville, and pre-IJSJSInte^^'*
paring their conclusions therein to be reported and sub- "^■'" ^ ^^^^
mitted to the Supreme Court at the December Term
thereof on the first Monday in December, 1877, said re-
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ports and conclusions to become the judgments and de-
Oirii oavBM to crees of the Supreme Court. Said commission will only
•srMmeJt^f ^®*^ *^^ report on such civil causes as the parties or
^•rUn, their attorneys or solicitors may file written agreements
to submit to said commission. Said commission shall
meet at Nashville on the first Monday in May, 1877, and
may sit until the first Monday in December, 1877, if the
business before the commission should require. The
members thereof shall be compensated out of the treas-
ury of the State for the time actually engaged, at the
Oompeiisation. ^^ ^^ three thousand dollars per annum, and the amount
thereof, together with the incidental expenses of the com-
mission, to be ascertained and certified to by the Clerk
of the Supreme Court at Nashville, shall be paid upon
the warrant of the Comptroller.
Sec. 2. Be it further enacted^ That the rules now gov-
erning the Supreme Court in the trying of causes shall
govern said commission.
Sec. 3. Be it further enacted^ That said commission
shall have the power to appoint an officer of court, and
have all the power of a regular court to enforce order
and decorum.
Sec. 4. Be it further enacted^ That no opinion of said
commission shall be published in the Seports of the De-
•nini kto^^^^^® ^^ ^^ Supreme Court, nor shall the same have
Wpmedonts. any further or other effect than to determine the partic-
ular cause wherein rendered, and shall have no force or
effect or authority as precedent in other causes.
Sec. 5. Be it further enacted^ That this Act take effect
from and after its passage, the public welfare requiring it«.
Passed March 21, 1877.
HUGH M. MoADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker ff the Bbuee of BepreeenkUtwee,
Approved March 22, 1877.
JAS. D. PORTER,
Oovemar^
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CHAPTER LII.
AN ACT to amend Section 1709 of the Code of Tenneasee.
Section 1. Be it enacted by the General Aaaemhly of
4he State of Tennessee, That section 1709 of the Code of
Tennessee be so amended as to read as follows: The
members of these companies and the fire companies of
-any corporate town or city in this State^ are exempt
from military duty in time of peace, and from serving
•on juries.
Sec. 2. Be it farther enacted, That this Act take effect
'from and afler its passage, the public welfare requiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker (f theSenaie.
EDWIN T. TALIAFERRO,
Speaker cf the House of BepreeenUUwes,
Approved March 22, 1877.
JAS. D. PORTER,
Chvemor^
CHAPTER LIII.
AN ACT amendatory to an act to incorporate the Henderson Male
and Female Institute, passed November 30, 1869, Chapter 12, Acts
1869-70.
Section 1. Be it enacted by the General Assembly of
-the State of Tennessee, That an Act passed November 30,
1869, to incorporate the Henderson Male and Female
Institute, be so amended in section 1, and 8th line, as to
make it read, the Henderson Masonic Male and Female
Institute.
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Sec. 2. Be it fmiher enadedf That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepreaeniadves^
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor^
CHAPTER LIV.
AN ACT for the relief of Montpelier Academy, in Jacluon county^
and to empower the trustees of said institution to rebuild the-
same.
Whekeas, The Montpelier Academy building, at
Gainesboro, in the county of Jackson, has been de-
stroyed by fire, and there are some of the assets and
funds of said academy available to the trustees thereof;:
and
"Whereas, There is a lot in the town of Gainesboro,
donated to and belonging to said academy ; therefore.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the present trustees of said
academy, or any hereafter appointed according to law,
be and they are hereby authorized to use a sufficiency of
said fund to rebuild suitable academy buildings on said
lot.
Sec. 2. Be it further enacted, That the aforesaid
academy building and school fund shall be used for
school purposes only, except by the consent of the trus-
tees.
Sec. 2. Be it further enacted, That this act shall take
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effect from and after its passage^ the public welfare re-
quiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker <^ the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Houae cf Bepretentaiwea,
Approved March 22, 1877.
JA8. D. PORTER,
Chjvemor.
CHAPTER LV.
AN ACT to provide for the appointment of trustees for the Hospital
for the Insane, and to amend section 1522 of the Code.
Section 1. Be it Enacted by the Oeneral Assembly of
the fStcUe of Tennessee, That immediately after the passage
of this act the Governor of the State shall nominate and
appoint, by and with the advice and consent'of the Sen-
ate, as now provided by law, nine trustees of the Hos-
pital for the Insane, whose term of office shall begin im-
mediately from and after the date of their appointment.
Three of said trustees shall be nominated to serve until
the first Monday in February, 1879; three until the first
Monday in February, 1881, and three until the first
Monday in February, 1883. On the first Monday in
February, 1879, and every two years thereafter, three
trustees shall be appointed to serve for six years from
the date of their appointment. The duties of said trus-
tees shall be the same as now prescribed by law, and
they shall, at the expiration of the present term of office
of the Superintendent of the Asylum, elect his successor.
Sec. 2. Be it further enacted, That this act take
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effect from and after its passage, the public welfare re-
quiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker of the SenaU.
EDWIN T. TALIAFERRO,
Speaker qf the House cf B/epTetenJUsiwe^
Approved March 2?, 1877.
JAS. D. PORTER,
Qofoenwr,
CHAPTER LVI.
AN ACT to deprive the State of Tennessee of the power to borrow
money, and to repeal section 21 of an act passed March 1, 1869, en-
titled "An Act to amend the revenue laws of the State.''
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Governor, Comptroller,
Secretary of State, and Treasurer, of the State of Ten-
nessee, be and they are hereby prohibited from borrow-
ing money upon the faith and credit of the State for any
purpose whatever.
Sec. 2. Be it further enacted, That section 21 of an
act passed March 1, 1869, entitled "An act to amend the
revenue laws of the State," and all laws or parts of laws
in conflict with the provisions of this act, be and they
are hereby repealed.
Sec. 3. Be itfwrther enacted. That this act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hoibse of Representatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor,
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CHAPTER LVII.
I
AN ACT to repeal chapter 114 of the Acts of 1875, so far as it affeett
the county of Wayne.
Section 1. Be it enacted by the General Assembly of
the Staie of Temiesseey That an act passed March 23,
1875, and approved March 24, 1875, entitled "An Act
to protect private fisheries,'^ be and the same is hereby
repealed, so far as it aflTects the counties of Wayne, Smith,
Henderson and Jackson.
Sec. 2. Be it further enacted^ That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Bouse of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER LVIII.
AN ACT to change the county line between the counties of Benton
and Decatur.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the
counties of Bepton and Decatur be so changed as to in-
clude the lands and residence of Allen Steyers in the
county of Decatur.
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Sec. 2. Be it further enacted, That this act take
effect from and after its passage.
Passed March 20, 1877
EDWIN T. TALIAFERRO,
Speaker of the House of H^resentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Governor.
CHAPTER LIX.
AN ACT to amend an act entitled "An Act to incorporate the town
of Pulaski in the county of Giles," passed February 2, 1850.
Section 1. Be it enacted by the General Assembly of
Mayor and the State of Temnessee, Tliat an act to amend an act to in-
•leotod* by TO- corporate the » town of Pulaski, in the county of Giles,
*•"* passed February 2, 1850, be so amended as that hereafter
the town constable and mayor of the town of Pulaski
shall be elected by the voters of said town qualified to
vote for aldermen, and at the same time and place, and
under the same law as said aldermen are elected, under
section 4 of the act which this act is intended to amend.
Sec. 2. Be it further enacted^ That the person re-
ceiving the highest number of votes for mayor shall be
Plurality, declared by the sheriff of said county elected mayor of
said town, and the person receiving the highest number
of votes for town constable shall be declared by the
sheriff duly elected, and the clerks shall make certificate
of such fact to the recorder.
Sec. 3. Be it further enacted. That the compensation
Salaries. to the Constable and mayor shall be fixed by the board of
mayor and aldermen, and he shall serve for and during
the term of one year, unless removed for cause.
Sec. 4. Be it further enacted, That nothing in this
Peiioemen. act shall be SO construed as to prohibit the board of
mayor and aldermen to appoint as many policemen as
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may be necessary^ and the mayor shall, as heretofore, re-
main a member of the board of mayor and aldermen.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUaiives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JA8. D. PORTER,
Oovemor,
CHAPTER LX.
AN ACT to amend an act entitled "An Act to change the line be-
tween the counties of Polk, McMinn, Hawkins, Hamblen, Cheat-
ham and Dickson/' parsed March 21, 1873, and approved March
24, 1873.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 2 of an act passed
March 23, 1875, entitled "An Act to change the line be-
tween the counties of Polk, McMinn, Hawkins, Ham-
blen, Cheatham and Dickson," be so amended as to read,
that all of that part of Dickson county east of Harpeth
river below Point Rock Bluff be attached to Cheatham
county, and all that part of Cheatham county west of
Harpeth river below Point Rock Bluff be attached to the
county of Dickson, so as to make Harpeth river the line
between said counties, below the point where the line
crosses said riv^r at the bluff aforesaid.
Sec. 2. JBe it further enacted, That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO, ^
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Oovernor.
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CHAPTER LXI.
AN ACT to change the line between the counties of Montgomery and
Cheatham.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That the line between the counties
of Montgomery and Cheatham be so changed as to in-
clude in Cheatham county the property and residence of
John M. Duke, now within the limits of Montgomery
county, and nothing in this act shall release the party so
stricken off from the payment of his pro raia of any
debts contracted by said Montgomery county prior to the
passage of this act; Provided, the party included in the
change will, within two months after the passage of this
act, have the survey made and plats filed, as required by
existing laws, which shall only embrace the lands ana
Property now owned by said Duke,, upon which his
omestead is situated, lying within the limits of said
county of Montgomery.
Sec. 2. Be it further enacted, That this act take effect
forty days after its passage.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
i^eaker of the Souse of Representatives.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER LXII.
AN ACT to change the county line between the counties of Lawrence
and Wayne.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the
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counties of Lawrence and Wayne be so changed as to
include the residence of N. F. Morrow, and all the fagn
upon which he now resides, in the county of Lawrence ;
Provided, that nothing in this act shall be so construed
as to reduce Wayne county below its constitutional limit,
nor bring the line thus designated nearer the court-house
of Wayne county than eleven miles.
Sec. 2. Be it further enacted. That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Governor.
CHAPTER LXIII.
AN ACT to amend an act passed June 11. 1870, entitled "An Act to
r^^late the elective franchise in accordance with article 4, section
1, of the Constitution of the State.''
Secti6n 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 4 of an act passed
Jnne 11, 1870, entitled "An Act to regulate the elective
franchise,'^ etc., be so amended as to allow candidates for
oounty and State offices, or for Congress, to vote in any
ward or district in their county in which they may be on
the day of election. ^
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Gcverruyr.
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CHAPTER LXIV.
AN ACT giving the Chancel lore of this State ooncnrrent jurisdictiQii
with the Circuit Court Judges in granting writs of Certiorari and
Supersedeas removing causes from Justices courts to the Circuit
Court.
Section 1. Be U enacted by the General Assembly of
the State of Tennessee^ That from and after the passage of
this Act, the Chancellors of this State shall have concur^
rent jurisdiction with the Judges of the Circuit Courts
of this State in granting writs of certiorari and super-
sedeas removing causes from Justices Courts to the Cir^
ouit Courts.
Sec 2. Be it further enacted That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreaenUUiioeL,
HUGH M. McADOO,
Speaker (^ the Shnate.
Approved March 22, 1877.
JA8. D. PORTER,
Qovemor*
CHAPTER LXV.
AN ACT to repeal an Act entitled *'An Act to amend the Criminal
Laws of the State/' passed March 22, 1875, in regard to grand and
petit larceny, and other crimes.
Section 1, Be it enacted by the General Assembly of
the Stale of Tennessee, That an Act entitled "An Act to
amend the Criminal Laws of the State," passed March
22, 1875, be and the same is hereby repealed.
Sec. 2. Be il further enacied, That sections 4677, 4680,
4683 and 4684 of the Code are hereby re-enacted.
Sec. 3. Be it further enacted. That this Act take effect
from and after the 1st day of April, 1877 : Provided^
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that all persons committiDg the offenses enumerated in
the Act, which is hereby repealed, prior to the time
aforesaid, shall be tried and punished according to ex-
isting laws.
Passed March 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House qf BepresmUaHvu,
HUGH M. McADOO,
SpeaJeer q( the SenaU,
Approved March 22, 1877.
JAS. D. PORTER,
* Gooemor.
CHAPTER LXVI.
AN ACT to amend an Act entitled ''An Act to charter the E^le-
ville, Unionville and Shelby ville Turnpike Company," passed *«b-
ruary 7, 1860.
Section 1. Be it enacted by the General Assembly oj
the Stoic of Tennessee, That section 5 of an Act passed
February 7, 1850, entitled "An Act to charter the Eagle-
ville, Unionville and Shelbyville Turnpike Company,*'
be so amended as to authorize said Company to erect and
establish their first tollgate not nearer than two miles
from where the said Eagleville, Unionville and Shelby-
ville ttarnpike intersects the Nashville and Nolensville
turnpike.
Sec. 2. Be it further enacted. That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 22, 1877.
JAS. D. PORTER,
Qovemor,
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CHAPTER LXVII.
Repoalod.
lU-enacted.
AN ACT to repeal so much of the Act entitled "An Act more cheap-
ly to collect the State, county, and municipal revenue," passed
March 23, 1875, as relates to the collection of municipal revenue,
and to provide for the collection of municipal revenue.
Section 1. Be it enacted by the General Aasembjjjf of
the State of Tennessee, That so much of the Act passed
March 23, 187^, entiled "An Act more cheaply to col-
lect the State, county, and municipal revenue/' as requires
the County Court Clerks and County Trustee to collect
municipal revenue be and the same is hereby repealed.
Sec. 2. Be it further enacted, That all laws and parts
of laws relating to the collection of municipal revenue
in force prior to the passage of the said Act of the 23d
March, 1875, be and the same are hereby re-enacted.
Sec. 3. Be it further enacted, That all books, papers,
estimates and assessments now in the p9ssession of the
Municipal Clerks of the County Court and County Trustees, placed
psr^'musi '^be there Under the requirements of said Act of March 23,
turned. 1875, by the Mayor or officers of municipal corporations,
together with all taxes and privileges collected by said
Clerks and Trustees in pursuance of the requirements of
said Act of March 23, 1875, be returned and paid over
to the municipal authorities entitled to receive the same :
Provided, that in cities having a population of eight
^CHiM^of 8.000 thousand inhabitants and over, by the Federal census of
1870, the Trustee shall collect all municipal taxes levied
on property, privileges and polls, and shall pay over the
revenue collected by him to the municipality on the first
Monday of each week, making at the same time, under
oath, a detailed and itemized report of such collections,
which shall show the amount and kind of money paid
by each taxpayer, and on what account, and the Recorder
^Lioenaee for of such municipalities shall issue the license on all priv-
ileges, upon receipt by him of the certificate of the
County Trustee that the person applying for such license
has paid his privilege tax ; twenty-five cents shall be
paid for every license so issued by him, to be paid by the
party applying for the same, which amount shall go to
the city or Recorder, as the city authorities may direct :
Provided, this Act shall not apply to any corporation
that may be adjoining another corporation in same county
of over eight thousand inhabitants: and provided furtlier,
and over.
priTUoffes.
JProvfeo.
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the Trustee for collecting the privilege taxes of said mu- Trostees oom-
nicipalities shall receive a commission of only one per™^^^®^**
centum.
Sec. 4. Be it farther enacted, That all laws and parts
of laws now in conflict with the provisions of 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 March 20, 1877.
EDWIN T. TALIAFERKO,
Speaker of the JSbuse of Repo'esenUxtives.
HUGH N. McADOO,
Speaker of the Senate,
Approved March 22, 1877.
JAS- D. PORTER,
Oovemor.
CHAPTER LXVIII.
AN ACT to amend an Act entitled '^An Act to authorize the ap-
pointment of Inspectors of illuminating oils and fluids.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section \ of an Act passed
March ItHh, 1875, and approved March 24, 1875, entitled
"An Act to authorize the appointment of inspectors of
illuminating oils and fluids,^^ be amended so as to read as
follows : " That the Governor shall appoint for each
city or county in this State containing a population of
one thousand and over, an Inspector of coal, oil, carbon
oil, petroleum, kerosene oil, gasoline, or any other pro-
duct of petroleum used for illuminating or burning fluids,
by whatever name known, which may be manuftictured
or oflered for sale in the State. That said Inspector shall
be a competent and qualified person, and shall at his own Quaiifloatiom.
expense provide himself with the necessary instruments
for the testing and gauging or weighing the quantity of
any such illuminating oils or fluids, which said instru-
ments shall be the standard instruments used for that
purpose, and shall test all oils as follows : First, the
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water cup shall have sufficient water in it to rise two-
thirds up the side of the oil cup. Second, fill the oil
3iodu8oper-^"P ^^*^ ^^^ ^^ ^^ tested to within one-eighth of an inch
audi. of the top. Third, suspend the thermometer so the bulb
is just under the surface of the oil. Fourth, use an alco-
hol lamp to heat the water bath, and before placing the
light under the water cup, test the oil in the oil cup by
bringing a lighted match in contact with the surface of
the oil, if it does not ignite, place the lamp under the
water cup, and slowly heat the oil, not slower than one
degree of the thermometer in a minute, nor faster than
two degrees of the thermometer in a minute, moving a
lighted match across the surface of the oil at each degree
the thermometer rises, not more than three-eighths of an
inch from the surface of the oil. If the oil should flash,
that is, a little gas burn on the surface, and go out again,
the degree indicated by the thermometer is the flash teat
of the oil. The flame moved across the surface of the
oil should not exceed that of an ordinary match.
Sec. 2. Be it further enactedy That section 2 of said
Act be amended so as to read as follows : " That it shall
be the duty of the Inspector promptly to inspect or test
and gauge all illuminating oils or fluids which are subject
to inspection, as provided in this Act, within the city or
county for which he is appointed. The Inspector shall
fiftoh paekase in all cases take the oil or fluid from the package which
to be tested, is intended to be branded, and in no case shall mark
or brand any package before having first inspected or
tested the contents thereof; and the quantity used for
testing the flash test thereof shall not be less than half a
Tests. pjjj^^ g^jjj shM be ascertained by applying thereto a well
lighted match ; and all such illuminating oils %r fluids
that will flash at a less temperature than one hundred
and twenty degrees Fahrenheit, is to be branded " re-
jected,^' and all that will stand the flash test of one hun-
Brands. (Jred and twenty degrees Fahrenheit, he shall brand
"approved standard oil.'' And while the Inspector is
in the discharge of his duties, if any dealer in or manu-
facturers of oils or fluids specified in section 1 of this
Penalty for -^^*^ ^^^ shdAl rcfuse to admit an Inspector or his dep-
•bstructing in- uty upon his premises, so far as it may be necessary for
spec PS. ^^^ performance of his duties, or if he shall obstruct an
Inspector or his deputy in the discharge of his duties, he
shall for each refusal to admit on his premises as obstruc-
tion offered to inspection, be fined for each offense not
less than twenty dollars nor exceeding fifty dollars.
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Sec. 3. Be it further enacted, That section 3 of said
Aot be so amended as to make the brand or device there Devices aad
provided for, which the Inspector is to place on each '"f»'»<i8-
package by him inspected^ to read as follows : designat-
ing first his name and place and date of inspection, thus,
'* inspector of , 18 — ; " second, the flash test thus,
^'flashed at ° temperature;" third, if the fluid in-
-spected has no flash test, then the specific gravity of same
thus, "specific gravity °."
Sec. 4. Be it further endoted, That section 4 of said
Act be so amended that if any person, manufacturer or Penalties for
dealer shall sell to any person whatever in the State any "eo^'li oi^"*^"*"
t>f the said illuminating oils or fluids before first having the
same inspected, as provided in this Act, he shall be guilty
•of a misdemeanor, and on conviction be fined in any
sum not exceeding three hundred dollars, and the oils
^nd fluids, if found to be rejected, be forfeited and sold,
«nd the proceeds go to the State.
Sec. 5. Be it further enacted, That section 8 of said
Act be so amended as to read as follows : " That the
term of office for said Inspector shall be for two years, Twm of offiee
and for his compensation he shall be entitled-to demand Son. *^™'**'''*'
and receive from the ownel* of the illuminating oils or
fluids inspected or tested, and gauged or weighed, and
marked and branded, as in this Act provided, twenty-five
t;ents for each barrel and ten cents for each smaller pack-
age.
Sec. 6. Be it further enacted, That all oils and fluids,
the product of coal, petroleum, Gf other bituminous sub-
stance, which may be used for illuminating purposes,
sent from other States to counties in this State without
Inspectors of oils and fluids, or sent from counties in states?™ ******'
this State without the barrels and packages containing
the same being branded by law by the Inspectors of the
<50unty or city from which they were sent, may be in-
spected in transitu, in the hands of the carrier^ forward-
ing agent or warehouseman, and the Inspector may ^^^
charge for a single barrel sent to one party forty cents;
for more than one barrel up to five barrels, thirty cents a
barrel; and from five barrels to-any number, twenty-five
cents.
Sec. 7. Be it further enacted, That when oils specified
in section 6 of this Act are sent from other States for oils eo»-
consumption in this State, for illuminating purposes, to ^•™™«<i-
counties in this State without an Inspector, and the oils
are inspected in transitu, and condemned as of less
flash test than 120 degrees Fahrenheit, the Inspector is
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authorized and directed to ship back said oils to the ship-
pers of the oils. And when fluids specified in section d^
Fluids con- ^^ this Act are sent into this State, to counties or cities?
denin«d."°^'*'in this State without an Inspector, and the fluids are-
inspected in transitu, and found to be without a flash
test, or to burn without being heated, the Inspector shall
brand the barrel or packages containing the fluid unsafe
for illuminating purposes ; and all packages or barrels
containing the fluids which are plainly marked by the
manufacturers or shippers, naptha, benzine, gasoline, and
the specific gravity of the fluids may be permitted to go
forward to .its destination as not intended for burning
purposes : but all barrels or packages of fluids without
a flash test, and which are not branded or plainly marked
as aforesaid by the manufacturers or shippers, shall be
considered as intended for burning purposes, and shall
be shipped back in like manner as condemned oil, and
tees on fluids ^^^ Inspector shall notify the shipper of the cause and
condemned, hig action in the premises, and may collect his fees for
oils and fluids inspected in the hands of the carrier, for-
warding agent or warehouseman from' the carrier, for-
warding agent or warehouseman, as charged on the oils
and fluids, and the carrier; forwarding agent or ware-
houseman may collect their fees as charges on the oils
and fluids, and hold the oils and fluids until paid.
Sec. 8. Be it further enacted. That any Inspector of
this State, or his assistant, may go to any county in this
State without an Inspector, when he has information
|o to^ounties that oils and fluids afiiresaid of less flash test than 120
■peotofs."^ ^^' degrees Fahrenheit are being sold for illuminating pur-
poses, without the barrels and packages containing the
the same being branded as provided by law, and inspect
and brand all the oils and fluids not branded by an
Inspector of this State, and may charge thirty cents a
barrel for all barrels of oils and fluids aforesaid inspected
by him, and the fees to be paid by the owner of the per-
son for the time being in the possession of the oils, on
the demand of the Inspector.
Sec. 9. Be Ufwrther enacted, That if any carrier, for-
Fine for refu- warding agent or warehouseman shall refuse to pay the^
sal to pay fees, f^^g of an Inspector, as provided in this Act, on convio-
viction before a competent tribunal, of the refusal to pay
the fees, shall be fined five dollars for each refusal, the^
fine to go to the school fund of the State.
Sec. 10. Be it further enacted, That the Inspector of
Gauffingsy-oils and fluids shall be ex officio ganger of liquors, oils,
rups^ and "" molasses and syrups, and other liquids, and in the per-
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formance of his duties^ shall use the standard instrament
in use for that purpose, and he shall brand or mark all
barrels or casks gauged by him with his name, official
-character, and the capacity of the package, and shall
have the following fees, to be paid by the party for whom
his services shall be rendered: for gauging (including ^
proving when necessary) whisky, oils, molasses or syrups, **®'*
or barrel or cask, 7^ cents , and for a single barrel of
-each, 15 cents; for gauging varnishes and turpentine, 16
oents a barrel, pipe or half pipe ; for uUaging separate
from gauging, 5 cents a barrel ; for proving without
gauging, 5 cents a barrel ; for gauging any liquid not
mamed, same as whisky ; for removing the bungs from
barrels of oils, the product of coal, petroleum or other
bituminous substances, and replacing with new bungs, 5
-cents for each barrel or cask, provided the owner may
remove and replace the bungs without any charge by
the Inspector.
Sec. 11. Be it further enacted. That this Act take
-eflFect from and after its passage, the public welfare re-
'quiring it.
Parsed March 20, 1877.
EDWIN T. rALIAFERRO,
Speaker of the Hovm of Represenlaiwes,
HUGH M. McADOO,
Speaker t^ the Senate,
Approved March 22, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER LXIX.
■AN ACT to provide a special dommission of Arbitration for hearing
and trial of causes pending in the Supreme Court.
Section 1. Be it enacted by thv Oeneral Assembly of
the State of Tennessee, That the Governor of the State shall Three Oommis-
appoint three persons of established character of learn- "onersap-
ing in the law and personal integrity, who shall compose SkJreraorT
a special "Commission of Arbitration," having jurisdic-
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Judgment and
decree? subjeot
to approval by
Supreme Court
Parties to con-
tent.
Oath and or-
Caiiiflution.
Olerk.
Sheriff.
Order of basi-
ness.
Powers.
Disqualified
member re-
placed.
tioD aod power to hear and determine such civil causes^:
now or hereafter pending in the Supreme Court of Ten-
nessee at Jackson, as may be submitted to the said Com-
mission by the said Supreme Court, with the consent of ~
the parties on both sides, which Commission shall report
its decisions or awards to the Supreme Court when in
session, which decisions or awards shall become and have-
the force and effect of judgments or decrees of the Su-
preme Court, subject, however, to the approval or disap-
proval of said court; Provided, however, the said Cora-
mission shall not hear and determine any case without
the consent of the parties thereto, or their solicitors or-
attorneys of records, which consent may be presumed
unless objection thereto be filfed in writing in said Su-
preme Court, and within ten days after the cause be or-
dered by the Supreme Court to be transferred to the Com-
mission for hearing or trial and decision ; Provided no*
additional expense shall be incurred by the State by rea-
son of the Commission sitting in the city of Memphis.
Sec. 2. That said Commissioners shall, before entering-
on the discharge of their duties, take an oath of office
similar to that prescribed by law to be taken by judges^
of the Supreme Court, and may select and appoint one
of their number to preside and act as Chief Commis-
sioner, and may sit for trial and hearing of causes at
Jackson and Memphis, as the convenience of suitors and
parties may make proper.
Sec. 3. That the Clerk of the Supreme Court at Jack-
son, in person or by deputy, shall attend upon said Com-
mission wherever it may sit, and in all things perform
the duties of Clerk of the Commission; and the Sheriff'
of the county wherein the Commission may sit, shall at-
tend upon the Commission'^ in session, and shall perform'
the duties prescribed by law to be performed by Sheriffs
in attendance upon courts of the State, and shall receive-
the same compensation therefor.
Sec. 4. That the Supreme Court in session at Jackson
shall have power to arrange the order of business and
hearing or trial of causes, in such manner as will pro-
mote the objects and purposes of the said Commission.
Sec. 5. That the said Commission shall have the pow-
ers of the courts of Tennessee to enforce the preserva-
tion of order and to punish contempt.
Sec. 6. That in case of the disqualification of one or
more of the Commissioners to act in any case submitted
under this Act, the place or places of such disqualified
may be supplied by the election of members of the bar-
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in attendance, in the manner as prescribed by law in re-
spect of such elections in the Circuit or Chancery Courts,
and the person so elected shall take the oath as prescribed
in case of the Commissioners appointed by the Governor.
Sec. 7. That vacancies occurring in the said Commis-
sion during its continuance may be filled by the Governor
for the unexpired time; and the opinions and decisions ^**'*'*®***'
of the Commission shall not be reported in the Reports
of the State, and shall have no force or effect as prece- preoedents!**
dents; and the compensation of the Commissioners shall
be at the rate of three thousand dollars per annum, and
shall be paid as the Judges of the Supreme Court are
paid, but only for the time actually in session, and the gaiari„ and
incidental expenses of the Commission shall be paid as«xp«»se8.
the incidental expenses of the Supreme Court are paid,
upon the warrant of the Comptroller of the State ; and
the term of office of the Commissioners shall not con-
tinue longer than two years from their appointment, and
shall terminate sooner if the business submitted to them
can be sooner discharged.
Sec. 8. This Act shall take effect from and after its
passage, the public welfare requiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker <^ theSmaU,
EDWIN T. TALIAFERRO,
Speaker of the House (f BepreoeniaMves,
Approved March 23, 1877.
JAS. D. PORTER,
Chvemor.
CHAPTER LXX.
AN ACT to amend the Act of 1867, Chapter 79, section 5 and clause 9,
also Chapter 74, section 4, passed July 6, 1870.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Act of 1867, Chapter 79,
section 5, and the Act of* 1870, Chapter 74, section 4, be
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and the same is so amended as to classify steam ferries
and fix the rate of State tax thereon.
Sec. 2. Be it further enacted, That steam ferries be di-
vided into four classes, to- wit: When the landings in the
State of Tennessee are at or near towns or cities, or towns
of ten thousand or more, shall compose the first class;
towns or cities of five thousand up to ten thousand shall
compose the second class ; cities or towns of one thousand
or more the third class; and all ferries whose landings
at towns or other points where the landings are of less
than one thousand, shall be and compose the fourth class.
Sec. 3. Be it further enacted, That the State privilege
tax upon the steam ferries as classified in the second sec-
tion of this Act, shall be fixed as follows, to-wit : Ferries
of the first clasS one hundred and fifty dollars, and fer-
ries of the second class one hundred dollars; ferries of
the third class fifty dollars, and ferries of the fourth class
twenty-five dollars.
Sec. 4. Be it further enacted, That this Act take efiect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Home of Bepresentabices,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 24, 1877.
JAS. D. PORTER,
Governor.
CHAPTER LXXI.'
AN ACT to enable Municipal Corporations haVing more than Thirty-
five Thousand Inhabitants, to settle their indebtedness.
Secttion 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 34 of an Act passed
March 20th, 1875, which reads, " That the legislative
A«t« repealed, powers of such citics shall be vested in a Mayor, a Board
of Aldermen, and a Board of Common Councilmen, who
together shall be styled the General Council of such cities,
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and shall be elected as shall be hereinafter provided,"
be, and the same is hereby repealed.
Sec, 2. Be it further enaoted^ That the power to levy
taxes of every description, and for any and every purpose
whatever, is hereby taken away from said Municipal Cor- j^^^^in^tK'
porations and each and every officer and representative Legislature,
thereof, and said taxing power lodged in the Legislature
of the State, and not elsewhere ; and that by virtue of
Article 11, section 9 of the Constitution of the State, in
addition to the powers already conferred, the Chancery
Court, for the purpose of settling the indebtedness of
Memphis and other municipal corporations containing
more than thirty-five thousand inhabitants, may appoint
a Receiver, and exercise such other powers as are herein-
after set forth.
Sec. 3. Be it further enacted, That upon the applica-
tion of any person or persons, who are the holders and
owners of any past due and unpaid bonds, coupons, or
other indebtedness of said Municipal Corporations, not
less in amount than one hundred thousand dollars, it shall chaneeryOoart
be the duty of the Chancery Court to appoint a Receiver Receiyw.*
for said Municipal Corporations, who, as the officer of the
Court and not otherwise, shall, under the order and in-
struction of the Court, act for such Municipal Corpora-
tions.
Sec. 4. Be it further enaeted, That said Receiver, to-
gether with two other citizens and property holders of
said Corporation, to be- appointed by the Court, shall Commission to
oonstitute a Commission to settle and compromise the cents or les/.
indebtedness of said Municipal Corporation by funding
the same, at a rate not exceeding fifty-five cents in the >
<lollar on judgments, and not exceeding fifty cents in the
dollar for bonds or coupons past due, and at a less rate
for the less valuable class of said indebtedness; and upon
their action being confirmed by the Court, the Court shall
direct the Receiver to execute the necessary and proper
oorapromise bonds and contracts; which bonds when so
executed, shall to all intents and purposes be the valid and
binding obligations of said Corporation; but it is under- ^°^-
stood and agreed that the holders of any of the bonds
issued by the Receiver as provided in this Act, shall
have the option, after two years, to fund or exchange
them at par, into bonds payable thirty years after
the date of their issue, and bearing interest at the
rate of six per cent, per annum ; said bonds shall be of
the denomination of one thousand dollars each, and num-
bered consecutivoly firom one to twenty-five hundred;
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the totjal amount of bonds issued under this Act, shall
not exceed two and one-half millions of dollars.
Sec. 5. Be it furjther enacted, That in order to enable
said Commission to make a settlement of said Municipal
indebtedness, as contemplated, it is hereby enacted :*
1. That all bonds and matured coupons and judgments,.
and all paving scrip certificates issued by said Corpora-
eto^^funded"^* *^^°' ^ ^'^ receipts for money paid by tax payers to
paving contractors for making Nicholson and stone pave-
ments, etc., by virtue of any contracts with said Corpora-
tion, may be funded at such a rale not exceeding the
maximum above mentioned, and into such bonds, bearing
not exceeding six per cent, per annum interest, as may be
agreed on between the parties, the holder and said Com-
mission.
2. That all matured bonds and coupons, issued by vir-
Reoeivabie for tue of any agreement made in pursuance of this Act, shall
be receivable for taxes, city dues, and indebtedness of
every kind.
3. That said Municipal Corporations are hereby pro-
hibited from issuing scrip at any time, or bonds, while
any bonds issued under this Act are outstanding, except
such as may be issued in exchange, as hereinbefore pro-
vided in section 4 of this Act,
4. That, hereafter, for said Municipal Corporations^
there shall not be levied a higher rate of taxation for
Limit of tax general purposes, as defined in the charter, than one per
levy. cent, for the next five years, and at no time thereafter for
said purposes, a tax exceeding one dollar an \ twenty-five
cents on the hundred dollars.
5. That an ample interest and sinking fund tax shall
be levied annually, and collected, to meet the maturing
interostand interest and retire and pay the bonds issued under this
tax. Act, and that this tax shall be faithfully applied to the
object proposed. The sinking fund tax shall be paid into
the hands of three sinking fund Commissioners, and the
interest tax shall be paid into the hands of three interest
Com luisBion'ra Commissioners; each and all of said sinking fund and
interest Commissioners shall be appointed by the Court,
and shall be citizens of establis^hed integrity and respon-
sibility, who shall give bond in sufficient amounts to cover
the funds coming into their hands, and take an oath to
faithfully execute their trusts ; said bonds to be fixed by
the Court.
6. That the provisions of this Act may be made a part
of the contract with the holders of any bond or coupon
issued by reason of any agreement made under this Act.
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' 7. That so much of sections 38, 63, 64, and 66 of an
Act passed March 20th, 1875, and all other Acts as are Act repealed.
in conflict with the provisions of this Act, are hereby
expressly repealed.
Sec. 6. Be it further enacted^ That the Court shall ap-
point the interest and sinking fund Commissioners, and court to make
supply all official vacancies as they may occur, in the J5§^fli*^2can-
different Municipal Departments, which as to the ordi- cies
nances affecting the same and in every other respect re-
main unaffected, except in so far as they may conflict
with the enforcement of the provisions of this Act, in
which event the Court will so order as to carry out the
true intent and purposes of this Act : Provided, however,
that all the offices not abolished by this Act be filled by
a popular vote, for the term of two years, at the time
designated in the charter for the next regular municipal
election.
Sec. 7. Be it further enacted, That to carry into effect
the true interests and provisions of this Act, the Legisla-
ture of the State hereby levies an annual tax of one dollar and Tax leried.
sixty cents on each one hundred dollars worth of taxable
property and values within said Municipal Corporation,
(including the school tax, which shall not exceed ten cents)
to be applied under the order and directions of the Court
in Ijbe payment of current expenses, interest on compro-
mise bonds, and the extinguishment of the indebtedness
of said Municipal Corporations.
Sec. 8. Be it further enacted, That this Act shall take
effect^ and not before, when the sum of the tax mandam-
uses outstanding against any one of said Municipal Cor- Time of effect.
porations, shall amount in the aggregate to the sum of
($850,000) eight hundred and fity thousand dollars.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T, TALIAFEERO,
Speaker of the House of Bepresentatives.
Approved March 23, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER LXXII.
AN ACT to amend the Law in relation to the Consolidation of
Railwajs.
Section 1, Be it enacted by the General Assembly of
the State of Tennessee^ That the Act of the General As-
sembly of this State as to consolidation of Railroads^ ap-
A lioation f P^^^^^ ^^^ ^^^^ ^^7 ^^ December, 1871, and the Act of
Acta extended, the General Assembly of this State, approved March 12,
1875, entitled "An Act relating to Consolidation of Rail-
road Companies," supplementary to the Act approved the
12th day of December, A. D. 1871, (page 59 Acts 1871,)
entitled "An Act granting certain powers to existing
Railroad Companies,'' shall extend and apply to all Rail-
road corporations now existing or hereafter to bfe created
in this State, whether under a general or special law or
laws, or by virtue of Statutes of any other State, ratified
and confirmed by the authority of the State of Tennessee :
debted*to Stete Provided^ That no Railroad corporation indebted to the
barred. State of Tennessee shall be entitled to the benefit of said
Acts or of this Act, until such corporation shall have fully
paid off and discharged all such indebtedness actually
due at the date of such consolidation.
Sec. 2. Be it further enacted, That any Railroad cor-
Power to con- poration existing, or which may hereafter exist in thi»
ferred. State, whether created under a general or special law, or
existing by virtue of chartert)r law of this State or of any oth-
er State, ratified by this State, and authorized to maintain
and operate a Railroad within this State, shall have the
right and power to consolidate itself with any other Rail-
road Corporation whose road shall connect with or inter-
sect the road of such Railroad Corporation, or any branch
thereof; upon such terms and conditions, and under such
corporate name as shall be agreed upon in writing be-
tween such corporations respectively. Provided^ That
anl^c*red\toM ^ nothing herein contained shall affect or impair in any
protected. ^ay any mortgage, right, lien or claim of the State of
Tennessee, or the rights of any creditor of such corpora-
tions, and that no such consolidation shall be consum-
mated or be completed until it and the terms thereof
shall have. been approved by a majority of stockholders
of such consolidating companies, respectively ; and pro^
vided further, that the agreement of such consolidation.
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together with the evidence of the approval thereof, by
such stockholders, shall be filed in the office *of the Sec- Agreement of
retary of State, and by him recorded; and provided fur-^^^^^^^^^^^^
iher, that such agreement of consolidation shall not be of
any force or effect until said Railroad Company or Com-
panies shall have paid off and discharged all indebtedness,
if any, actually due by them or either of them to the
State of Tennessee at the date of such consolidation.
Sec. 3. Be it further ennctedy That the said corporation
80 formed by the consolidation of two or more Railroad
corporations, as aforesaid, shall Siave, possess and exer-
cise, all the rights, powers, privileges, immunities, and ^^*^» powe»
franchises, and be subject to all the duties and obligations,
(not inconsistent with the provisions of this Act) confer-
red and imposed by the laws of this State upon such
companies so consolidating, or either of them. And said
consolidated company shall have power to fix the number
of its Directors and the time of their election ; the num- ceM%tcf* ^
ber, names and duties of its officers ; to pass by-laws for
the government of the Company, and the management of
its affairs ; to fix the amount of its capital stock, whidh
shall be divided into shares of $100 each, and issue bonds
and dispose of same in such form and (jlenomination, and capital stock.
bearing such interest as the Board of Directors may de- *«>nds. etc.
termine, and to secure the payment thereof by mortgage
of every and all the property and franchises of said con-
solidated company and of the companies from which it
was formed ; and to do all other acts and things which
the said companies, so consolidating, or either of them,
might have done previous to such consolidation; Provided,
That nothing in this Act shall be understood or construed
to give or to transfer to, or confer upon, any such con-
solidated company, or company or person operating such
•consolidation of Railroads, as provided for in this 'Act,
or in any other law of this State, any franchise, right,
power, immunity or exemption not now granted by the laws
of this State to the Railway Companies which may form
part of such consolidated company. Provided further , Exemption
That no exemption from taxation under the revenue laws not'traSferTS*
of this State, of Railroad property and franchises, and
capital stock thereon, contained in railway charters or
other railway laws of this State, shall be, by this Act, or
any other law of this State providing for such consolida-
tion, transferred to, or conferred upon such consolidated
company, or the property and franchises and capital stock
thereiD,of such consolidation of Railroads,or of the property
appertaining thereto and used in the operation thereof;
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and that the State shall have the po^er, by appropriate
legislation,' to prevent unjust discriminations against, and
extortions for, freights and passage over all Railroads in
this State ; and provided further y that no Railroad Com-
pany ?hall have power under this Act or any of the laws
for woTk^aad*^ ^^ ^^^^ State, to gi ve or create any mortgage or other kind
tBcted!*^ **'^' ^^ ''®" ^^ ^^^ railway property in this State, which shall
be valid and binding against judgments and decrees and
executions therefrom, for timbers furnished and work and
labor done on, or for damages done to persons and prop-
erty in th^ operation of*its Railroad in this State.
Sec. 4. Be it further enacted, That this Act take effect
from and after its passage, the public welfare xequiring it.
Passed March 23, 1877.
HUGH M, McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUaiives.
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER LXXIII.
AN ACT to amend all laws for the assessment of property.
SEcrriON 1. Be it enacted' by the General Assembly of
the State of Tennessee, That the Quarterly County Court
of each county in this State shall, at the April term of
1877, and at said term every year thereafter, elect an in-
telligent and prudent person for each civil district of
p.^nted*at tffe Said couuty, and in any city or town where there are
«ou'rt. **'™ ^^ wards, one for each ward, being a freeholder and citizen
thereof, whose duty it shall be to assess, list and return,
as herein provided, for taxation, all the real and personal
property and polls in his said district not exempt from
taxation; and said assessor, before entering upon the da-
^ ties of his office, shall take and subscribe before the clerk
of said court, and file with him, an oath, honestly, faith-
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fully, impartially and fearlessly to assess, value, list and
return all real and personal property and polls in his dis-
trict not exempt by law from taxation ; and he shall visit
in person each and every tract or parcel of land assessed
and valued by him.
Sec. 2. Be it further enacted, That said assessors shall
assess real estate in the manner following: They shall
prepare a complete list of all taxable real estate in their Manner of
respective districts or wards, giving the name of each
owner in alphabetical order, and setting out the number
of acres of each tract, and the' assessed value thereof,
giving, if the same can be done, the surveyor's district,
range, township and section, civil district, and if this
cannot be done, then such mode of description shall be
adopted as will identify the property and its location by
giving the lands by which the tract is bounded ; and if ^ Desc^tioa
the said real estate be in a town, the present number of
the lot and the number of front feet and the depth
thereof, and the ass^sed value of each tract and lot ;
and shall also assess and Jist the personal property and
polls liable by law to be taxed.
Sec. 3. Be it further enacted, That in making the
assessment, all property shall be assessed at its cash Vaiuatioa.
market value, and upon the principles laid down in sec-
tions 565 and 566 of the Code, and to the person who is
the owner or the reputed owner, on the first day of April
of the year of the assessment; and said taxes shall be
due and payable on the first Monday of October of the T»xeg dM.
year for which the taxes were assessed.
Sec. 4. Be it further enacted.. That the assessors shall
complete their assessments on or before the first Monday
in June of each year, and on that day shall meet at the
court-house of their respective counties, and shall organ- Time, Bowd
ize as a Board of Equalization, and when organized, shall ° ^^ **** *
make such examinations, comparisons, corrections and
alterations as may be necessary to produce a fair and just
equalization of the assessments in the several districts
and wards in said county.
Sec. 5. Be it further enacted. That if any person
shall conceive himself aggrieved by any assessment, he
shall present the matter to said board by petition or oth-
erwise; and if it shall appear to a majority of said board corrections in
that the assessment complained of is erroneous, improp- "««««"»•»*••
er, or unequal, when taken in connection with other as-
sessments in the same district, the proper correction shall
be made; and having completed said equalization, the
assessors shall sign and return their respective lists to
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Lists returaed the Clerk of the County Court, on or before the 15th
^^* ' day of June of each year; Provided^ the Quarterly Court
shall have authority to hear and determine applicationa
in regard to alleged erroneous assessments after the as-
sessors shall have made their returns to said clerk.
Sec. 6. Be it further enacted. That the assessment
thus made shall be the only assessment of property and
polls for any purpose of taxation in any county or part
thereof, whether for State, county, schools, railroad, or
municipal purposes; and no assessment blanks other than
common blank books shall be used in making the assess-
ment.
Sec. 7. Beit further enacted. That the Clerk of the
County Court shall, from the list returned by the assess-
Ooiieot'n book ^^^^ annually prepare a collection book, as provided in
sections 588 and 589 of the Code, showing the amount
of tax due from each taxpayer to the State, county,
schools, railroads and municipalities, in separate columns,
/ which shall exhibit the amount du« from each taxpayer
for each particular purpose, and also the aggregate
amount due; and all certified statements of taxes due
from delinquent taxpayers made and delivered by any
County Trustee to any Constable or Sheriff of his county
for collection, shall in like manner set out separately
each item of taxation for the information of the tax-
payers, and all amounts levied respectively for the pur-
pose of paying the interest or the principal of any State^
county, municipal or railroad bonds, shall be placed in a
separate column, and shall deliver said book to the Trus-
tee by the first day of October of each year. And the
Aggregate for <^lerk shall also make out and certify to the Comptroller
CbmptroUer. ^j^ aggregate statement of the assessed valuation of the
real and personal property of each district separately,
and of the whole, together with the taxes due the State,
and the poll tax due, and he shall forward the same by
mail to the Comptroller on or before the 15th day of
November of each year; and said clerk shall likewise
certify to the Judge or Chairman of the County Court
the amount of taxes due the county, and also to any
mayor of the municipality the amount due the munici-
pality, and to each the amount of taxes separately.
Sec. 8. Be it further enacted, That at the April term,
annually, of the County Court, the rate of taxation for
MiSSn? ®^*"" county, school and railroad and other purposes, shall be
fixed by the court and entered upon the minutes thereof,
as now declared by law ; and the cities and incorporated
towns shall certify the rate of taxation levied by them
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to the Clerk of the County Court by the 15th day of
July of each year.
Sec. 9. Be it further efnaetedy That each assessor shall
receive for his services ten cents for each person having
taxable property listed, and five cents for each person
assessed for a poll tax only, and the same shall be paid^^™'*"*******
by the county ; and the Clerk of the County Court shall
receive of the county, besides the cost of the book, any
sum allowed by the Quarterly Court of his county, not
exceeding three cents per one hundred words, and in no
event to exceed eight hundred dollars.
Sec. 10. Be it further enacted That should any as-
sessor fail or refuse to act, or his office become vacant,
the Quarterly Court if in session, or the Judge or Chair-
man in vacation, shall fill said vacancy by the election
or appointment of another person ; and any assessor or
Clerk of the County Court who shall fail or refuse to
perform the duties herein required of him within the
time and in the manner specified, shall forfeit all claim
^for allowance as heretofore provided, and may be indict-
ed or presented for any corruption in office, and fined or
imprisoned^ or both, in the discretion of the court.
Sec. i 1 . Be it further enacted. That the act passed
March 20, 1875, entitled "An Act to amend all laws for
the assessment and collection of revenue," is hereby re-
pealed, and all laws and parts of laws in conflict with
this act be and the same are hereby repealed.
Sec. 12. Be it further enacted^ Tnat this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 9, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatwes,
HUGH M. McADOO,
Speaker of the Senate.
Passed by the House of Representatives, the Govern-
or's veto notwithstanding.
ETH. B. WADE,
Principal Clerk Souse of Mepresentatives.
Passed by the Senate, the Governor's veto notwith-
standing.
JOHN E. HELMS,
Cleric of the Senate.
7
Peaaltiefl.
Act repeal«d>
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CHAPTER LXXIV.
AN ACTT to prevent unjast discriminations against way freights bj
railway companies.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee^ That no railroad company in this
State shall hereafter unjustly charge more for the trans-
portation of way freights over shorter distances of its
road than it charges for the transportation of way freights
of the same class, quality and quantity/ shipped in the
same, manner, over greater distances of the same road ;
but this is not to interfere with through freights from
one extreme terminus to the other of the same road as
originally constructed; and promdedy that railway com-
panies may make standing contracts with coal-mining
and manufacturing companies, or persons, for special
rates of freight not to be controlled by this act.
Sec. 2. Be it further enactedy That no railway com-
pany shall charge more than the maximum amount for
freights allowed by its charter, nor shall any railway
company unjustly discriminate against the way freight^
of any person or locality on the same road, or unjustly
classify freights, or unjustly discriminate against the dif-
ferent classes of freights, shipped over its road, nor shall
any railway company unjustly charge extortionate rates
for the transportation of way freights over its road.
Sec. 3. Be it further enacted, That every railway com-
pany shall keep a plain, intelligible schedule of freight
rates, and freight classifications, from all points on its
road, printed and posted up in a conspicuous place, acces-
sible to the public, at every depot on its road.
Sec' 4. Be it further enactedy That any railroad com-
pany that shall be guilty of a violation of the provisions
of this act, shall be liable to the injured party in the sum
of five hundred dollars, which may be sued for and re-
covered in any of the courts of this State having juris-
diction of the subject matter.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
J^eaker of the Souse of jRepresentatives,
HUGH M. McADOO,
Speaker of the Seriate,
Approved March 26, 1877.
JAS. D. PORTER,
Gcwemor,
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CHAPTER LXXV.
AN ACT to amend the Code, article 11, chapter 16, title of Enrollment.
Section 1. Be it enacted by the General Assembly of
4he State of Tennessee, That the Code, article 11, chapter
16, title of " Enrollment,'' shall be so amended that no
^ause in any court of record in this State shall be en-
rolled by the clerk of the court unless upon application
-of some party to the suit, and the enrolling fee paid by
the party making the application; ProtMed^ however,
that either party may have enrolled any paper in the
record of a cause either before or after the trial, he pay-
ing the Qpst thereof, and a copy of such enrolled paper
shall be in all respects treated as the original in case the
original is lost or mislaid.
Sec. 2. Be it fwrther enactedy That this act take
effect from and after its passage, the public welfare re-
'quiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER LXXVI.
AN ACT to provide for the organization of corporations.
Section 1. Be it enacted by the Oeneral Assembly of
the State of Tennessee, That whenever the property and
franehises of any turnpike may have heretomre b^ea
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sold, or may hereafter be sold under any judgment, de-
cree or process, from any Court of records, for the pay-
.•Purohasweof'^^'^* ^^ debts due from such incorporated company, the
ilirnpiketi may purchasers at such sale, or their assignees, may be organ-
richti oir oriffi- ized into a corporate body with the right to have, hold
"**^**'''and operate the property and franchises so purchased,
with all the powers, rights, privileges and immunities,
and subject to all the restrictions and duties conferred
and imposed by the original charter, and amendments
thereto, of the corporation whose property and franchise*
may have been sold, and for the period limited thereby.
Sec. 2. Be it further enacted, That where the charter
and its amendments are contained in the printed Acts of
fwBewohariMrrthe General Assembly of this State, it shall be sufficient
for such purchasers, or their assignees, to make out a
memorandum of said Acts, showing their titles, with the
books, pages and sections in which they are contained,,
and to attach thereto an application in this form :
We, the undersigned, purchasers, or assignees of the
purchasers of* the property and franchises of the corpo-
ration known as the (here insert the n)6ime), apply to the
State of Tennessee for a charter of incorporation, con-
fufa5?n^^ *'^" ^^^^^^8 upon us, and our successors, the powers, rights,
privileges and immunities, subject to the limitations and
restrictions contained in the Acts of the General Assem-
bly of the State of Tennessee, a memorandum whereof
is given above. We ask that our corporate name be
(here insert it) ; and the main office of our company will
be located at (here insert it).
Witness our hands this — day of .
The signatures of said purchasers or their assigneeyhalt
be acknowledged proven before the Clerk of the County
Court of any county in which any part of said property
may be situated ; and the memorandum aforesaid, with
the application and probate or acknowledgement, shall be
registered in the Register's office of the county in ysrhicb
m en'tT nnSs" *he main office of such new corporations may be fixed,
fSrded."*^ "" *°^ when so registered, the same shall be filed and re-
corded in the office of the Secretary of State, and a copy
thereof duly certified under the great seal of this State,,
shall be competent and primary evidence in all the
Courts of this State, without being spe<jially pleaded or
copied into the record in any appellate proceeding.
Seo. 3. Se U Jurther enacted, That the formation of
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^aid association as a body- politic and corporate with the
Eowers, rights, privilege^ 'aild immunities aforesaid, is oompietioB of
ereby declared to be compleWat and from the time said Assooiatioii.
papers are filed in the oiBce* Jbf *^X^.Secretary of State,
and the validity thereof shall not**jil snty legal proceed-
ings be collaterally impeached. \ -•*/. -'/-
Sec. 4. Be it further enactedy That saicf g'urchasers, or
their assignees, at any time after said papers are fiW in
the office of the Secretary of State, may issue sha^H^^^New stock.
stock of the same size and to the same amount as tnoie-^
permitted to the old corporations, and to distribute such ; -/^
shares among said purchasers or their assignees, in the ^ >
proportion in which they are interested in the property
|)urchased,^nd the holders of such new shares may elect Q^g^j^^
the same kind of corporate officers, and exercise such
other powers as were conferred upon the stockholders in
the old corporation.
Sec. 5. Be it further enacted, That the stockholders
of any corporation organized under this Act may reduce
the number of directors and of the corporate officers to
such number as they may think the , corporate interests
require.
Sec. 6. Be it further enacted. That nothing in this Act
i^ontained shall be construed as granting or permitting
banking powers to any corporations organized under its
provisions.
Sec. 7. Be it further enoMed, That in case of a sale
hereafter to be made, the company shall have the right , *^vMof r^
to redeem, for two years, the rights of creditor to ad- years,
vance bids, and of judgment creditors to redeem from
purchasers, being the same as are applicable to parties in
the sale and redemption of real estate.
Sec. 8. Be it farther enacted, That the purchaser or
his assignee may have the option to organize under the
old charter and amendments, or under the provisions of
the Act passed March 19th, 1876, entitled "An Act to
provide for the organization of corporations,^' said pur-
xjhaser or assignee uniting with himself five or more other
persons : Provided, that the new corporation shall take
said corporate property free from exemption to taxation
by charter or otherwise : Provided further, that the Legis-
lature of the State shall at all times have the right and . Resonrei
power to pass such laws in relation to such companies ^^
and turnpikes, roads, franchises, rights, powers, as the •
^nd of justice to the public or to individuals may re- ^^
-<juire.
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Sec. 9. Be it farther «nao^. That this Act take effect
from and after its passaj^, t^ public welfare requiring it^
Passed March 26, l§7t-. '^. "
. •. •;.. '. ' "HUGH M. McADOO,
• •. •••". Speaker cf ih/t Senate,
...;;.;...• EDWIN T. TALIAFERRO,
•^ *• '•^ • * Speaker of the Haute of BepreeentaUves.
AB^/oVfdTVIarch 26, 1877.
;%;•:;;/.•• JAS. D. PORTER,
. *I •. * Qovemor..
CHAPTER LXXVII.
AN ACT to amend an Act paised February 2d^ 1870, now 6476 of the
Code, and also an Act amendatory thereto, passed March 22d».
1876.
Section 1. Be it enacted by the OenercU AaaemJbly
of the State of Tennessee, That chapter 56, section 2, of
an Act passed February 2, 1870, amended by chapter 69*
of the Acts of 1875 be and the same is hereby further
amended as to designate the Third National Bank of
Nashville, the Mechanics' National Bank of Nashville,,
the First National Bank of Nashville, the Fourth Na-
tional Bank of Nashville; the Union and Planters' Bank,
of Memphis and the First National Bank of Memphis,
the State National Bank of Memphis, the German Na-
tional Bank of Memphis; the Springfield National Bank;.
National Bank of Bristol, Lookout Bank, Morristown,
Lincoln Savings Bank, Fayetteville ; Bank of Clarks-
ville. Northern Bank of Tennessee, First National Bank
of Clarksville, Franklin Bank of Clarksville; McMinn-
ville National Bank; Giles' National Bank, National^
Bank of Pulaski, First National and Stones' River Na- ,
tional Bank, Murfreesboro; Shelbyville Savings Bank,
National Bank, Shelbyville; First National Bank, Co-
lumbia, and Bank of Columbia; Deposit Bank, Gallatin,,
and Bank of Gallatin; National Bank and Second Na-
tional Bank, Lebanon ; and First National Bank, Fay-
etteville, as depositories of the State.
Sec. 2. Be U further enacted. That any bank in the-
State bringing itself within the provisions of the law, by
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giving the proper bond and duly approved security, shall
be made a bank of deposit under the provisions of the
Act which this is intended to amend.
Sec. 3, Be it further enacted, That said bank, when
so designated as depositories of the State, shall be
entitled to all the privileges and immunities conferred
on other banks by the Act which this Act is intended to
amend, upon complying with the requirements of said
Act.
Sec. 4. Be it further enacted. That this Act take effect
from and after its passage, the public welfare requiring if*
Passed March 24, 1877.
HUGH M. McADOO,
SpecJoer of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House </ BepreaenUUivei,
Approved March 26, 1877.
JAS. D. PORTER,
Qoveimor,,
CHAPTER LXXVIII.
AN Act to repeal the fifty per cent, privilege tax.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Act passed on July 6th,
1870, chapter 14, section 4, of said Act, which increased
the tax on all privileges fifty per cent., be and is
hereby repealed, so as to apply only to section 553 (a) of
Thompson & Steger^s Code, sub-section 29, 38, and puts
sub-section 52 on same footing as sub-section 51.
Sec. 2. Be it further enacted, That this Act take
effect from and after its passage, the public welfare re-
quiring it.
• Passed March ,23 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Hovse of Bepresentatives,
Approved March 26, 1877.
« JAS. D. PORTER,
(jovemoT,
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CHAPTER LXXIX.
AN ACT to amend an Act entitled "An Act to amend the law in re-
gard to the property of married women," passed March 22, 1877.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That hereafter tfo husband shall be
liable for the debts, contracts or obligations of his wife in-
curred by her, previous to marriage : Provided, however,
that the marital rights of the husband shall not so attach
to the property of the wife, owned by her at the time of
marriage, or which she may become the owner of subse-
quent to her marriage, as heir or distributor, as to pre-
vent said creditors of the wife from subjecting her prop-
erty to the satisfaction of their debts.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the JETouse of Representatives,
HUGH M. McADOO,
Speaker of the Senate
This bill having been presented to the Governor for
his signature on the 20th day of March, and the Gover-
nor having failed to return it within the time prescribed
by law, the same is hereby declared to have become a
law.
This, the 27th day of March, 1877.
'EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO.
Speaker of the Senate,
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CHAPTER LXXX.
AN ACT to repeal section 1 of an Act entitled "An Act to provide
revenue for the State, passed December 12, 1871, and approved De-
cember 14, 1871.
Secjtion 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That the first section of an Act en-
titled an Act to provide revenue for the State, passed
December 12, 1871, and approved December 14, 1871,
imposing a tax of forty cents upon every one hundred
tloUars' worth of property for State purposes, be and the
same is hereby repealed, and all laws and parts of law»
in conflict with this Act are hereby repealed.
Sec. -2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houte of B^esenUUives,
HUGH M. McADOO,
Speaker of the Senaie,
Passed by the House of Representatives notwithstand-
ing the Governor's veto.
March 27, 1877.
ETH. B. WADE,
Principal Clerk House of Representatives,
^ Passed by the Senate, notwithstanding the Governor's
veto.
JOHN E. HELMS,
Clerk of the Senate.
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CHAPTER LXXXI.
AN ACT to provide revenue for the State of Tennessee and the coun>
ties thereof.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the State tax on every one
Ten cents for hundred dollars worth of taxable property shall be 10
sutetax. cents for the year 1877, and 10 cents for the year 1878,
for current expenses only ; Promded, that this act shall
in nowise interfere with the levying and collection of
taxes for school purposes as now provided by law.
Sec. 2. Be it further enacted, That the several county
County Uz. oourts of this State are authorized and empowered to
levy an annual county tax, not to exceed forty cents on
every one hundred dollars worth of* taxable property,.
for general county purposes.
Id ®^^* ^' ^^ it further enacted, That section 488 of the
repea e . Q^^^^ ^^^ g^jj ^^her laws and parts of laws in conflict
with this act, be and the same are hereby repealed.
Sec. 4. Be it further enacted, That all laws of the
State in reference to taxes, except as altered or repealed
by the provisions of this act, shall remain in full force
and effect.
Sec. 6. Be it further enacted. That this act take
effect from and after its passage, the public welfare re«
quiring it.
Passed March 22, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houm of BepreeerUatim,
HUGH M. McADOO,
Speaker of the Senate.
Passed by the House of Representatives, the Govern-
or's veto notwithstanding, March 27, 1877.
ETH. B. WADE,
Pn/neipal Qerk of the Houae of Bepretentaiivee.
, Passed by the Senate, the Governor's veto notwith-
standing, March 27, 1877.
JOHN E. HELMS,
Cierk of the Senate,
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CHAPTEE LXXXII.
AN ACT to repeal sections 1, 2 and 3 of an act entitled ''An Act to
prevent the killing of deer in Lewis, Lawrence, Wayne and Frank-
lin," passed March 20, 1873, and approved March 22^ 1873.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That so much of sections 1, 2 and
3 of an act entitled "An Act to prevent the killing of
deer in Lewis, Lawrence, Wayne and Franklin coun-
ties,^^ passed March 20, 1873, and approved March 22,
1873, as applies to the counties of Lawrence and Wayne,
be and the same is hereby repealed.
Sec. 2. Be it further enacted. That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 27, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Emse of BepreaenUUives.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 27, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER LXXXIII,
AN ACT to provide for transcribing record books when the same have ^
been damaged or mutilated by fire or otherwise.
Section 1 . Be it enacted by the General Assembly of
the Staie of Tennessee, That when any record book or
books of the Register's office of any county in this State
have been damaged or mutilated by fire or otherwise, so
that any part of the record in any book is destroyed or Defaced re«-
mutilated, or is likely to become destroyed or mutilated, jrds^to be trM-
by continual use, the county court of puch county shall Regiater.
cause the same to be transcribed by the Register, in a
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fair and legible hand, into a well-bound book or books^
to be procured by said court, all such record books in
the order o'f the dates of the original registration, mark-
ing at the top of each copy the original book and page>
or pages, from which the transcript is made, so that no
variation may appear between the pages of the transcript
and those that were noted in the certificates on the origi-
nal instruments; and in all cases where the record of
Incomplete any word, part of word, sentence, part of sentence, or
^*'**' part of instrument, is destroyed, all that remains shall
be copied, and the destroyed part indicated thus * * *.
Sec. 2. Be it further enacted, That the copies made
by the Register shall be faithfully collated by himself
and Deputy Register, both of whom shall, at the end of
be coifateS and ^^^ transcript in each book, by a joint certificate, certify
eertified to. that they have carefully collated the same with the orig-
nal record book, and that it contains a full, true and
complete copy or transcript of the record in said original
book ; and in case any part of the original record is de-
stroyed or mutilated so that the same cannot be ascer-
tained, they shall add to their certificate the words "so
far as the same can be ascertained from its buried or
mutilated condition ^^; and said transcript shall be as
effectual and valid to all intents and purposes as the
original record.
Sec. 3. Be it further enacted, That the Register shall
properly index such transcript book or books.
Sec. 4. Be it furthefi^ enacted. That the Register of
Deputies, such county is authorized to appoint as many deputies as
is necessary to insure the completion of such transcripts
at the earliest time practicable.
Sec. 5. Be it further enacted. That for making such
Compensation, transcript, coUatiou and index, the Register shall be en-
titled to ten cents per hundred words, to be paid by the
county.
Sec. 6, Be it further enacted. That this act take
effect from and after its passage, the public welfiaire re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker </ Ihi House <jf EepreseniaiweB^
HUGH M. McADOO,
Speaker <^ the SemUe.
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor,
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CHAPTER LXXXIV.
AN ACT to repeal an act passed May 17,' 1865. entitled ^'An Act to
amend the criminal laws of the State of Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee^ That an act paissed May 17, 1865,
entitled "An Act to amend the criminal laws of the State
of Tennessee/' be and the same is hereby repealed.
Sec. 2 JBe it further enactedy That nothing in this
statute shall be so construed as to interfere with prosecu-
tions of offenses heretofore committed, but such persons
as have been indicted under the statute this act seeks to
repeal, shall be triable under said act and punishable ac-
cordingly. •
Sec. 3. Be it further enacted. That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Governor,
CHAPTER LXXXV.
AN ACT to prescribe the duties of Judges of Courts in the State
of Tennessee, charging Juries in case of Felony.
Section 1. Be it efnxusted by the Oefneral Assembly of
the State of Tennessee, That it shall be the duty of all
Judges in the State charging juries in cases of criminal
prosecutions for any felony wherein two or more grades
or classes of offense may be included in the indictment,
to charge the jury as to all of the law of each offense in-
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eluded in the indictment, without any request on the part
of the defendant so to do.
Sec. 2. Be it further enadedy That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 22, 1877.
EDWIN T. TALIAFERRO,
Speaker (f the Home of Bq^reserUoHies.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Ootjemor,
CHA.PTER LXXXVI.
AN ACT to repeal all laws requiring Auctioneers to pay a Privi-
lege Tax.
Section 1. Be it enacted by the Oenercd Assembly of
the State of Tennessee, That all laws requiring Auctioneers
to pay a privilege tax, be, and the same are hereby re-
pealed : Provided, that the provisions of this Act shall
apply only to auctioneers of live stock, and the produc-
tions of farms, and manufactories located in this State.
And all Butchers and Hucksters, who supply the public,
or market, with good and wholesome meat, and provisions,
shall be exempt from paying any privilege tax, as hereto-
fore required. And that this Act take effect from and
after its passage, the public welfare requiring it.
Passed March 26, 1877. ,
HUGH M. McADOO,
Speaker <^ the Senate*.
EDWIN T. TALIAFERRO.
/S^Moitw (^ the Hou$e </ BeprttmhUmt.
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor^
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CHAPTER LXXXVII.
AN ACT to cheapen the Collection of Bevenue, and to amend Sec-
tion 612, Chapter 5 of the Code.
Section 1, Be it enacted by the General Assembly of
ike State of Tenneaseef That hereafter all collectors of State
and County Revenue, in making their reports to the Cir-
<;uit Courts of their county, as prescribed in section 612
of the Code, shall in addition to the certified report pro-
vided for in said section, take and subscribe before the ^a^S^^rS!^*^
Clerk of said Court the following oath : in makiag re-
port.
State of Tennessee, 1 I, — ' collector of the pub-
County. / lie revenues for the county of-
do solemnly swear that I have made earnest and diligent
search on the premises of the respective owners of the
lands described in the accompanying report, for goods
and chattels belonging to said respective owners of the
lands aforesaid, and there is none to be found in my
<50unty on which I can distrain for said taxes.
Sworn to and subscribed before me, ^ *
, Clerk of the Circuit Court >
of County, Tennessee. j
Sec 2. Be it further enactedy That any judgment ren-
dered upon the report of any collector of public revenue, r^,^^™*^i?ii9Jt
without the accompanying affidavit, as prescribed in sec- affidarits void,
tion 1 of this Act, shall be void.
Sec 3. Be it further enacted. That any collector of
Sublic revenue who fails to file with the Clerk said affi-
avit provided for in the first section of this Act, shall ^»M«"iJ ..
be liable, as well as his securities on his official bond, for makMsnretios
said uncollected taxes, upon motion of the Attorney Gen- ^**'***' '
eral, at the term of the Court to which said report is
returnable.
Sec 4. Be it fwrther encusted. That any collector of
public revenue who shall falsely or fraudulently make
said affidavit as prescribed in section 1 of this Act, shall ^*'***®**^*'
be deemed guilty of perjury and punishable as now pre-
scribed by law for such offenses.
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Sec. 5. Be it further enacted, That this Act take effect
from and after the first day of May, 1877.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenUUwea. '
HUGH M. McADOO,
SpeaJcer <^ the SencUe.
Approved March 24, 1877.
JAS. D. PORTER,
, Oovemor^
CHAPTER LXXXVIII.
AN ACT to amend Section 2 of Chapter 46 of the Acts of 1875.
Section 1. Be it enacted by the General Assembly of
the Stale of Tennessee, That section 2 of chapter 46 of the
Acts of 1875, entitled An Act more effectually to secure
the revenue received by Clerks and Jpstices, be, and the
same is hereby so amended that the reports required by
the first section of «aid Act to be made by the Clerks of
the Courts of this State, shall be made quarterly, on the
first Monday in January, April, July, and October, instead
of monthly, as now required by the section this Act i»
intended to amend.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,.
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CHAPTER LXXXIX.
AN ACT to repeal all laws imposing a tax on marriage license.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That all laws in this State imposing
a tax on marriage license be and they are hereby repealed.
Sec. 2. Be it further enacted, That the Clerk's fee for
issuing marriage license and taking bond shall be fifty
cents^ to be paid by the man applying therefor, and no
other tax or fee shall be allowed.
Sec. 3. Be it further enacted, That this Act shall take
effect from and after its passage^ the public welfare re-
quiring it.
Passed March 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenUUwes.
HUGH M. McADOO,
Speaker of the Senale,
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor.
CHAPTER XC.
AN ACT to amend the law in regard to priwlege tax.
Section 1. Be it enacted by the General Assembly of
ihe State of Tennessee, That the Act of 1867 and 1868,
Chapter 79, section 5, be so amended that the owner of
every omnibus, carriage or vehicle, hack, wagon, or cart,
of a description now liable to privilege tax, shall be lia- Aiiy<ihioie»
ble to such tax upon every such omnibus, carriage, ve- *•*»*>!••
hide, hack, wagon, or cart, run for pay w^ithin the limits
of this State, without regard to the residence of the owner
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or the place where the same is kept. That this tax shall
be a lien upon the vehicle and other means of convey-
ance mentioned in the foregoing section, and the same
shall be subject to seizure and sale, whether so run by the
owner or any other person as hirer from the owner, or as
agent.
Sec. 2. Be it further enacted, That the public welfare
requiring it, this Act take effect from and after its passage.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T.' TALIAFERRO,
JS^iieaher (/ the House cf BeprewiUatioes.
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor,
CHAPTER XCI.
AN ACT to regulate tax on real estate brokers.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That brokers of real estate, as now
defined by law, shall, before offering to do business ia
any county in the State, apply to the Clerk of the County
LiMue and Court for license to do such business, and said Clerk
shall issue such license and take bond substantially, as in
case of a merchant; and said Clerk shall be allowed like
fees therefor, as in case of license and bond for merchan-
dizing.
Sec. 2. Be it further enacted. That brokers of real es-
tate shall pay to the Clerk for the State, for the privilege,
8ute privUege the sum of five dollars, and no county or municipal cor-
poration shall assess a larger amount of privilege tax on
such brokers.
Sec. 3. Be it further enacted, That such broker shall
Ad valorem p^y^ j^g provided in his bond, an ad valorem tax on all
commissions by them charged, of one per cent.
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Sec. 4. Be it further enadedy That the same take effect
tffbm and after its passage, the public welfare requiring it.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of theSenaU,
EDWIN T. TALIAFERRO,
S^peaher €f the House <^ BepremUatives.
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor.
CHAPTER XCII.
AN ACT to amend sab-sections 60 and 61 of section 553a of the Code,
. passed July 8, 1870, and entitled an Act to license billiard tables,
Jenny Lind and pool tables and ten pin alleys.
Section 1. Be it encLcted by the General Assembly of
Hie State of Tennessee, That sub-section 60 of section ,553a
•of the Code, passed July 8, 1870, and entitled an Act to
license billiard tables, Jenny Lind and pool tables and
'ten pin alleys, be and the same is hereby amended so as^
to read that hereafter it shall be lawful for the various '^'"^'^^^''"*
•County Court Clerks of this State to issue licenses to any
person or persons applying for the same to keep a billiard
table, Jenny Lind and pool table and. ten pin alley at any
one place in the county, and that said license shall be is-
sued for the period of three, six, or twelve months from
the date of its issuance, as applicants may desire.
Sec. 2. Be it further enacted, That sub-section 61 of
said section 553, be and the same is hereby amended so ^
as to read that hereafter before said Clerks shall issue the
license aforesaid, the applicant or applicants shall pay
said Clerk, for the use of the State of Tennessee, the fol-
lowing sums of money: twenty-five dollars for each *<*®<*^^*««"'*
billiard table or Jenny Lind table, pool table or ten pin
tiUey, for the period of twelve months; twelve dollars
and fifty cents for the term of six months, and six dol-
lars and twenty-five cents for the term of three months.
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Sec. 3. Be it further maeted, That this Act take effect
from and after its passage, the public vel&re requiring it»
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
S^peaher of Ae JBitiue <^ BepretenMiM*,
HUGH M. McADOO,
Speaker of theSenaie,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor:
CHAPTER XCIII.
AN ACT to repeal Section 553a, sub-section 43, Vol. 1, of Thomp-
son & Steger^s compiled laws of the State of Tennessee, repealing
the privilege tax on commercial agents, called drummers.
Section 1. Be it enacted by the General Asaemhly of
the State of Tennessee, That the privilege tax on commer-
cial agents, called drummers, Section 563a, sub-section
43, Vol. 1 of Thompson & Steger's compiled laws of the
State of Tennessee, be and the same is hereby repealed.
Sec. 2. Be it further enacted. That this Act shall, take^
effect from and after its passage.
Pfwsed March 23, 1877.
HUGH M. McADOO,
Sil>eaker of the Senate^
EDWIN T. TALIAFERRO,
Speaker ff the Home of lUpresenUUivei^
Approved March 26, 1877.
JAMES D. PORTER,
Chvemor^
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CHAPTER XCIV.
AN ACT to amend an Act passed March 23d, 1875, entitled ''An
Act more cheaply to collect the State, county and municipal rev-
enue."
Section 1. Be it enacted by the General Assembly of
4he State of Tennessee, That the County Trustee shall ,^.^^ ^^^ ^^^
hereafter make and deliver the certified statements of un- 1 n g certified
paid taxes, now required by law to be prepared on the ^*"^"ihanged.
first day of February, after his receipt of the tax books,
and the Constables or Sherifls shall pay over the taxes
specified in said statements on or before the first day of
May following the receipt of the same.
Sec. 2. Be it further enacted, That if Constables fail
to qualify and collect the taxes embraced in the certified
statements aforesaid, the Sheriffs shall collect the same, f *a S IV/^d
but before proceeding therewith, shall give bond in sberiflfe to col-
double the amount of the taxes ; and if the Constables
^nd Sheriffs fail or refuse to qualify to collect the taxes,
the Trustees shall proceed to levy upon and sell personal
property sufficient to pay taxes, etc.
Sec. 3. Be it further enacted, That all taxes hereafter
levied shall be due and payable on the first Monday in
October of the year for which they are levied.
Sec. 4. Be it further enacted. That the three taxpayers
appointed under the provisions of the fifteenth section of CompenaafioB
an Act passed March 23, 1875, entitled "An Act more ^*^^''**^""-
cheaply to collect the State, county and municipal reve-
nue,'^ shall be allowed two dollars a day only when dis-
charging their duties under said section.
Sec. 5. Be it further enacted, That an Act passed
March 23d, 1875, entitled "An Act more cheaply to col-
lect the State, county a\id municipal revenue,^^ be so
amended as to comply with the provisions of this Act.
Sec. 6. Be it further enaxited, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Bouse of JRepresentatives,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
13 AS. D. PORTER,
Oovemor.
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CHAPTER XCV.
AN ACT to relieve the sureties of deliDquent Tax Collectors, Clerkfr
of the County, Circuit and Chancery Courts, and Privilege Tax
CoUectpr.
Secti«)N 1. Be it enacted by the General Assembly of'
the State of Tennessee, That the Governor, Comptroller
and Treasurer of this State may make ^ueh settlements
and compromises with defaulting Revenue Collectors and
their bondsmen for defaults hitherto occurred, as they
may upon investigation be of opinion are just and for-
the best interests of the State; and in their investigations^
under this Act they may send for persons and papers, and
administer oaths, and take testimony in writing or oth-
erwise, the substance of which may, if deemed proper,,
be filed in Ihe office of the Comptroller with reports of
such settlements or investigatio) s. and they shall do and
perform all other thii^gs necessary to cairy out and effec-
tuate the power hereby delegated to them.
Sec. 2. Be it further enacted That this Act take effect
from and after its passage, the public welfare requir-
ingit.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of JRepresentei^tives^
HUGH M. McADOO,
Speaker of the Senate..
Approved March 26, 1877.
JAS. D. PORTER,
/ Goternor^
CHAPTER XCVI.
AN^ ACT to amend section 6 of an Act passed March 10, 1875. en-
titled "An Act more effectually to secare the revenue collectedi hy
Clerks and Justices."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 6 of an Act passed
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March 10th, 1875, entitled "An Act more effectually to
secure the revenue collected by Clerks and Justices,^' be
so amended as to read : " That the State shall pay the
express charges on all moneys expresssd to the Treasurer,
under the provisions of this Act, and necessary postage
for registering, provided the same shall be sent by regis-
tered letter ; and the public welfare requires that this
Act shall take effect from and after its passage.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Himse of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor,
CHAPTER XCVII.
AN ACT to increase the jurisdiction of the Chancery Goart
Section. 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That jurisdiction of all civil causes
of action now triable in the Circuit Court, except for in-
juries to person, property or character, involving unli-
quidated damages, are hereby conferred upon the Chan-
cery Court, which shall have and exercise concurrent
jurisdiction thereof along with the Circuit Court.
Sec. 2. Be it further enacted^ That from and after the
passage of this Act no demurrer for want of jurisdiction
of the cause of action shall be sustained in the Chancery
Court, except in cases of unliquidated damages for inju-
ries to person, property or character. . .
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Home of Bepresefniatnm.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER XCVIII.
AN ACT to create a State Board of Health for the better protection of
life and health, and the prevention of the spread of diseases in the
State of Tennessee.
Section 1, Be it enacted by the General Assembly of
the State cf Tennessee, That there is hereby Created and
established a State Board of Health, to be denominated
^^The State Board of Health of the State of Tennessee/'
and to be constituted as follows :
Sec. 2. Be it further enaxded, That within twenty days
after the passage of this Act the Governor shall appoint
Compodtionof five physicians of skill and experience, regular graduates
*" * of medicine, who have been engaged in practice not less
than ten years, one from East Tennessee, three from
Middle Tennessee, and one from West Tennessee. Three
members of this Board so appointed shall constitute a
quorum for the transaction of business at any regular,
called or adjourned meeting. All vacancies occurring
by death, resignation, or otherwise, shall be filled by the
Board, with the advicerand consent of the Governor, and
commissioned as hereinafter provided.
Sec. 3. Be it further enacted, That immediately, or as
soon as expedient, after the appointment of said five phy-
sicians as aforesaid, they shall meet at the ofiice ot the
Secretary of State, and having taken the oath prescribed
for other State ofiicers, the Secretary of State shall issue
Commi88i6n8. ^^ ^ach of said members of the aforesaid Stat^ Board of
Health, a certificate of appointment, upon receiving
which they shall severally be and become members of
the " State Board of Health of the State of Tennessee,'^
and shall possess the power and perform the duties of
said Board as defined by this Act, and they shall hold
their office respectively for the terms following, namely;
•one for one year, one for two years, one for three
years, and one for four years, and one for five years,
or until their successors are appointed and qualified.
They shall next proceed, under the direction of the Sec-
retary of State, to determine by lot which of them shall
hold their office for the respective terms of one, two,
three and four and five years; which being determined,
T«rB». the Secretary of State shall enter upon their certificates
of appointment the term of office thus fixed each mem-
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ber. The term of office of members of the Board after
the expiration of the terms aforesaid shall be five years.
Sec. 4. Be it further enacted^ That immediately after
<letermining the term of office as hereinbefore provided,
the Board shall proceed to organize by electing one of^^
their number to be President of the Board, and by elect- ^**** ^"*
ing a proper person, who shall be a regular physician of
skill and experience, to be the Secretary of said Board ;
and in case the Board shall elect one of their members
Secretary, then upon his acceptance of that position there
shall be a vacancy in the Board, which shall be filled as
other vacancies are filled. The Secretary shall continue
in office as such for a term of five years, unless removed
by a majority of the whole Board by the election of a
successor or otherwise, and shall be the executive officer
of said Board. He shall give bond with security in thcg^^^^j^.^
sum of ($10,000) ten thousand dollars, conditioned for bond,
the faithful and impartial performance of his duty, which
bond, when accepted by the Board, shall be made of
record with the proceedings of the Board, and placed or
filed with the Secretary of State. He shall keep his
office at some central and convenient place in the State,
and shall perform the duties prescribed by this Act or
required by the Board. . ' -
Sec. 5. Be it further enacted, That the Secretary shall
receive an annual salary, which shall be fixed by the
Board, and the Board shall quarterly certify the amount ^®™'*®'*"^****"*
due him, and on presentation of the certificate the Comp-
troller shall draw his warrant upon the State Treasurer
for the amount. The members of the Board shall re-
ceive no per diem compensation for their, services, but
their traveling and other necessary expenses while em-
ployed on the business of the Board shall be allowed
and paid.
Sec. 6. Be it further enacted, That the State Board of
Health shall have the general supervision of the i nterests Duties aii4
of health and life of the citizens of this State. .TheyP^^®"-
shall especially study the vital statistics of this State, and
endeavor to make intelligent and profitable use of the
records of sickness and death among the people. They
shall make sanitary investigations and inquires respecting
the causes of disease, especially epidemics, the causes of
death, effects of employments, habits, localities and cir-
cumstances, upon the health of the people. They shall,
when they deem it necessary, advise in reference to loca-
tion, water supply, drainage and ventilation of any public
institution. They shall, from time to time, recommend
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works upon the subject of hygiene for the use of tHe
schools of the State.
Sec. 7. Be it further enacted, That in order to afford
to this Board better advantages for obtaining knowledge
important to be incorporated with that collected through
special inVestigatibns and from other sources, it is hereby
Sarda!**^ made obligatory upon every municipality throughout the
State having five thousand and over inhabitants to or-
ganize within sixty days after the passage of this Act^
provided said municipalities have not already done so, a
properly construed Board of Health, which, in addition
to their duties as such local Boards, shall also make
monthly, quarterly, semi-annual, and annual reports ta
and in accordance with such form and instructions as said
State Board of Health may prescribe, and also shall make
special reports whenever required.
Sec. 8. Be it further enacted, That the Board shall
meet quarterly at Nashville, and at such other places and
Meetings of khe*^°^®s as they may deem expedient. A majority of the
Board. Board shall constitute a quorum. The Board may adopt
rules and by-laws subject to the provisions of this Act.
Sec. 9. Be it further enacted. That this Act shall take
effect and be in force from and after its passage, the
public welfare requiring it.
Passed March 26, 1877,
HUGH M. McADOO,
Speaker of the Senate^
EDWIN T. TALIAFERRO,
Speaker of the House of BqpreserUaiwes^
Approved March 26, 1877.
JAS. D. PORTER,
Gtomemor^
CHAPTER XCIX.
AN ACT to encourage the raising of blooded stock in McNairj county.
Whereas, The county of McNairy is peculiarly
adapted to the breeding and raising of blooded stock,
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and the citizens thereof are becoming largely engaged
therein; and
Whereas, The McNairy County Agricultural and
Mechanical Society has, at considerable cost, prepared a
fine tract or special ring for the use of their annual fair,
and the stock holders of said Society are very anxious to
utilize said track for the speed of horses ; therefore.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the said McNairy County
Agricultural and MechanicaL Society be and is hereby
authorized to use said track for turf-racing, free from the
payment of any privilege tax ; Provided, the use of said
track shall at all times be under the control and manage-
ment of the oflBcers of said Society.
Pa^d March 26, 1877.
EDWIN T. TALIAFERRO,
Speaker nf the House cf BepreaerUatives^
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Governor,
CHAPTER C.
AN ACT to repeal Chapter 121 of the Acts of 1875.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Chapter one hundred and
twenty-one of the Acts of 1875, entitled "An Act to re-
peal the second section of an Act passed January 17,
1838," passed and approved Marcfh 24, 1875, be and the
same is hereby repealed, and the said second section of
the Act of January 17, 1838, in all things revived, re-
stored and made of full force and effect. But dams for
mills and manufactories may be erected on said river,
provided chutes therein are made and kept in full con-
formity to the requirements of law that were applicable
before the passage of the Act hereby repealed, to the dam
on said river at the mill commonly called Hawkin's mill,
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and formerly known as Gentry^s mill. And any citizen
of any county through which said river runs may main-
tain any proper action to cause such dams or any of them
to conform to the requirements of law, and any dam not
conforming to the requirements of law may be abated a«
a nuisance.
Passed March 24, 1877.
* HUGH M. McADOO,
Speaker of the SauOe^
EDWIN T. TALIAFERRO,
SpeaJoer of the House of Eepre8efUaim&»
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor*
CHAPTER CI.
AN ACT to amend Sections 1277, 1284 and 1292 of the Code, and
Chapter 8, Article 3, of the Code, concerning turnpikes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That Section 1277 of the Code of
Tennessee be so amended as to read as follows : " There
, shall be appointed by the County Court of each county
ents of RoaaF, m the State, at its January term in each year, three
***'* superintendents, who shall act until their successors are
appointed, whose duty it shall be to look over the sev-
eral turnpike roads and toll bridges in the county, and
see that the same are kept in such repair as is required by
law, and they shall report quarterly to the County Court
as to the condition of the turnpike roads and toll bridges
in said county, which said report shall be spread upon the
Reports to he minutes of the Court, at the cost of the turnpike compa-
evidcBoe. ^.^^^ ^^^ ^^jj report or return of said superintendents
shall be prima facie evidence as to the matters therein
reported upon relative to the condition of said roads, in
any suit or action against them.
Sec 2. Be it further enadedy That every such com-
pany shall in no case permit the macadamized or metal
Width of metal ^^^^ ^f ^j^^j^ j.^^^ ^^ ^g narrowcr than twelve feet, and
twelve feet shall be the greatest width which said compa-
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nies shall be required to keep their roads metaled or
macadamized.
Sec. 3. Be it further efimdedy That Section 1292 of
the Code be so amended as to read: "Any person or^i-jj^itj for
body corporate, privileged by an Act of Assembly to
open and keep in repair any tollbridge or tollgate, who
i^all fail to put and keep the same in repair, as required
by this Act, and the report of the County Superintendent,
shall be subject to presentment and indictment therefor.
Sec. 4. Be itjurther enacted^ That the County Super-
intendents shall have power to examine into the accounts
of receipts and disbursements of said turnpike compa- ^fl^^^^?^
nies : Promdedy it is claimed that said companies have
80 expended their moneys ; and if they find that said
turnpike roads, or any one of them, has expended the
net proceeds «f collections from tolls in the repair of .
thdr said roads, they must report this fact to the County
Court in their quarterly returns to said Court, and this
fiict shall constitute a good defense to an indictment or
presentment for failure to repair as required by law.
Sec. 6. Be it farther enctcted, That none of the turn-
pike roads of this State shall be indicted, or held other- Abandonmeni
wise anienable, for an abandonment of any part of their JiaSf***
original road : Provided^ that if said company shall take
toll for travel upon any part of their road, said company
must take up at least seven consecutive miles of said
road, according to the terms of this Act : Providedy said
road was not, originally, according to its charter, less
than seven miles in length.
Sec, 6. Be it further enacted. That this Act take effect
from and after its passage, the public welfare requiring
it.
Passed March 26, 1877.
HUGH. M. McADOO,
Speaker of the Senak.
EDWIN T. TALIAFERRO,
SpeaJmr of the Home of BepreeeiUativee,
Approved March 26, 1877.
JAS. D, PORTER,
Ch^enor.
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CHAPTER CII.
AN ACT to abolish the common law doctrine which requires estates
of freehold to support contingent remainder.
Section 1. Be it enacted by the Oefneral Assembly of
the State of Tenneeseey That hereafter it shall not be neces-
sary^ as at Common Law^ that a contingent remainder be
supported by a particular estate of the dignity of a free-
hold, but that it shall be sufficient and lawful for con-
tingent remainders to be supported by a preceding estate
for years.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker 1^ the SenaU.
EDWIN T. TALIAFERRO,
Speaker cf the ffouse of .Be^rcaentotiws.
Approved March 26, 1877.
JAS. D. PORTER,
CHAPTER cm.
AN ACT to amend an Act to estahlish a Becorder's Court in the
towns of ShelbTville, Murfreesboro, Franklin, Tullahoma, Faj-
etteville, Winchester and Manchester, passed December 12, 1865.
Section 1. Be it enacted by the Oenerai Assembly of
Re»eai8a8to^ Si^o^e of Teunesseey That so much of the* second sec-
Unrfree^boro. tion of an Act passcd December 12th, 1865, to establish
a Recorder's Court in the towns of Shelby ville, Mur-
freesboro, Franklin, Tullahoma, Fayetteville, Winches-
ter and Manchester, allowing persons committed under
the provisions of said section, to work for said towns in
payment of the fines and costs, or penalty, at one dollar
and fifty cents, exclusive of board, to be credited on said
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fine and costs, or penalty, be and the same is hereby re-
pealed, so far as said provision in said second section
applies to the town of Murfreesboro,
Sec. 2. Be it further enadedy That hereafter any per-
son who may be fined or committed by said Recorder's
Court in the town of Murfreesboro, or adjudged to pay, *"*'*^ ^^ ***•
by said Court, any fine and costs, or penalty and costs,
•and shall fail to pay, or secure to be paid, such fine and
•costs, or penalty and costs, imposed under said section,
shall be placed at labor in and for said town, under the
restrictions and limitations in said second section as to
health and hours per day; and for such labor shall be ^sc per daj.
allowed, exclusive of board, the sum of twenty-five cents
per day, to be credited on such fine and costs, or penalty
and costs, until the same is paid, at which time such per-
son shall be discharged.
Sec. 3. Be it further enacted, That this Act take efieot
from and aft;er its passage, the public weIfiM*e requir-
ing^ it.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Mouse of Bepresentativea,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER CIV.
AN ACT to amend an Act entitled "An Act to provide for the organ-
ization of corporations/' approved March 23, 1875, and grant char-
ter to water companies.
Section. 1. Be it emusted by the General Assembly of
the State of Tennessee j That the form of charter for a
water company shall be as follows: "State of Tennes- vormot char-
see. Charter of Incorporation. Be it known, that (here**'
insert the names of five or more persons not under
twenty-one years of age)* are hereby constituted a body
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politic and corporate by the name and style of (here in-
sert the name of the company). The general forms, etc.,
of said corporation are (here insert the general powers,
etc., as directed in section 5, Act March 23, 1875). The
business of said company shall be to establish and con-
struct waterworks in or near the town, city or village of
Waterwoikf. (herein insert the name), and it shall be the duty of said
company to build, furnish and equip waterworks of suffi-
cient capacity to furnish the corporate authorities and
inhabitants of said town, city or village with water. To
enable the company to establish such works, they are
▲mtfarriijr to hereby authorized and empowered to lay down pipes
through the streets, lanes and alleys of said town, city or
village in such manner, however, as to produce the least
possible inconvenience to the town, city or village, or its
inhabitants, or to travelers, and to take up pavements
and sidewalks: Provided they shall repair the same with
the least possible delay.
The company shall have power, and are hereby
authorized, to bring into the said town, city or vil-
lage a sufficient supply of water by means of pipes
or tanks, or in any other way, and to construct
reservoirs for the reception thereof, and to supply with
water the inhabitants of said town, city or village, and
the environs thereof, and all who may be along the line
of said companies^ pipes, and of erecting hydrants or
ydran ». etc. fir^.piQgg within the said town, city or village, and to
contract with said inhabitants and with the corporate
authorities of said town, city or village, or any incorpo-
rated companies, for the use of said water, and charge
waur .*'*** **' such price for the same as may be agreed upon between
said company and said parties, and consumers shall be
subject to all such reasonable rules and regulations re-
specting the use and waste of said water as the directors
of said company may from time to time prescribe. The
Works. works and operations of said company shall be so con-
structed and managed that no annoyance shall accrue
therefrom to the health and comfort of the inhabitants
of said town, city or village, and nothing in this Act
shall be so construed as to absolve the company, its offi-
cers or agents, from any legal proceedings to restrain or
abate any nuisance arising from such waterworks or
operations.
If any person or persons shall injure or destroy
fm'^S ^^i ^99 ^^7 portion of the water pipes or other property
•to. * belonging to said company, or shall willfully open a
communication into the street or other water pipes, or
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let on water after it has been stopped by the company^
such person or persons shall be liable for all damages
sustained by such proceeding, and also a penalty not ex-
ceeding five hundred dollars, upon conviction before a
Court having jurisdiction of the offense. If any person
or persons shall takfe or use any of the water of said
company for domestic or other purposes, without having ^j^*jjfj.^2ile
previously contracted for the same with the ofl&cers of
said company, such person or persons shall forfeit and
pay to the said company the sum of fifty dollars, to be
recovered before any Justice of the Peace in the same
manner as other debts are collected by law : Providedy
that nothing herein contained shall be c6nstrued to com-
pel the iuhabitants of said town, city or village to use
the water so introduced by said company, or to prevent
them from using water obtained in any other way. If
any person or persons shall wilfully corrupt or per- . Penalties for
mit anything to run into or fall into any stream or re§er- ^^ul, *****
voir from which the said company shall take water to be
introduced into said town, city or village, which shall
corrupt the same, or to render it unpalatable, unwhole-
some or unfit for domestic or manufacturing use, or for
the supplying of stationary or locomotive engines, or
shall bathe in any dam or reservoir, lead or enter any
animal into the same, on being convicted thereof before
any Justice of the Peace of the civil district in which
said water is situated, shall pay a fine of not less than
ten nor more than fifty dollars, one-half to the use of the
informer, the other half to the vise of said company, and
shall moreover remain liable to said company for all
damages.
Sec. 2. Be it further enacted, That such chai-ter shall Le^veof ©or-
not be granted until after leave to operate under the same poration.
shall have been first had and obtained from the corporate
authorities of the city, town or village in which it is pro-
posed to operate such waterworks, and such leave shall
be certified by the Mayor or Recorder upon the applica-
tion, and registered with it. And this Act is in no way
to interfere with or impair the police or general powers
of the corporate authorities of such city, town or village,
and such corporate authorities shall have power by ordi-
nance to regulate the price of water supplied by such
company.
Sec. 3. Be it further enactedy That said Act approved
March 23, 1875, be and the same is hereby further
amended, so that all corporations shall have obtained, or
that may hereafter obtain charters under section 11 of
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said Act of 1875, shall in addition to the powers speci-
iniinM muilifi ^®^ ^^ ®^^^. ^^^> ^^so have power to raise, buy, sell and
powers. deal in agricultural products, operate flouring and other
mills, and deal in merchandise.
Sec. 4. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requir-
ing it.
EDWIN T. TALIAFERRO,
Speaker of the ffoicse of Eepresentatives.
HUGH N. McADOO,
Speaker of the Senate.
Approved March 27, 1877.
JAS. D. PORTER,
Governor.
CHAPTER CV.
AN ACT to authorize County Courtjp to employ a competent person to
superintend the construction of public buildings, bridges, levees, etc.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Quarterly County Courts
of this State are authorized (but not required) to employ
a competent person to superintend the construction and
repair of such county buildings, bridges, levees, etc.,
as may be necessary; said superintendent to be paid such
salary as may be agreed upon, out of the county treasury,
but no contract to continue longer than twelve months.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of Jt^eseniaiives.
Approved March 26, 1877.
JAS. D. PORTER,
Gcvemor..
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CHAPTER CVI.
AK ACT to amend an Act passed March 20, 1875, entitled an Act to
abolish the Quorum Courts, and devolve the duties and jurisdiction
and powers thereof on Uie Chairman of the County Court, and to
provide for the appointment of a Chairman pro tempore in certain
cases.
Section 1. Be it enacted by (ke General Assembly of the
Staie of Tennessee^ That the County Courts of this State
shall^ at the April Term, 1877, and thereafter at the Jan-
uary Term of each year, elect fipom the acting Justices a^^i,^^
Ohairman pro tempore, who shall be vested with all the tem""**^ ^^
powers of the regular Chairman for the time he is acting
^as Chairman.
Sec 2. Be it further enacted. That it is hereby made
the duty of the regular Chairman to notify the Chairman
pro tempore when he shall fail or be unable to attend BHties of Chair
either the quarterly or monthly courts; and it is made "^*" J*"* *•"*•
the duty of the Chairman pro tempore to discharge all
the duties of the office of the regular Chairman, in his
absence.
Sec. 3. Be it further enacted. That the Chairman of the
County Court shall receive no compensation when absent
from the court, unless his absence is the result of sickness,
or an unavoidable accident; and the Chairman pro tern--
pore shall receive for his services such compensation as ,
the County Court may give him, provided it shall not ^^ ^^^
-exceed the compensation allowed the Chairman for like
services ; Provided, that this Act shall not apply to coun-
ties having a County Judge.
Sec. 4. Be it farther enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House cf Bepresentaiives.
HUGH M. McADOO,
SpeaJcer {^ the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Qovenor,
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CHAPTER CVII.
AN ACT to amend Bub-section 2 of section 4311 of the Code, and for
other purposes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That sub- section 2 of section 4311
of the Code be amended so as to read: All bills filed in
BiUiinNsard ^^^ court seeking to divest or clear up the title to land^
to titles, 9U, or to enforce the specific execution of contracts relating
to realty, or to foreclose a mortgage or deed of trust by
a sale of personal property or realty, shall be filed in the
county in which the land or material part of it lies/ or
in which the deed of mortgage is registered.
Sec. 2. Be it further enacted. That all laws in conflict
with this Act be and the same are hereby repealed.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring iti.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentaiive^t
HUGH M. MoADOO,
Speaker of theSenaU,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER CVIII.
AK ACT to amend aa Act entitled *An Act to regulate the buainesa
of life Insurance in the State of Tennessee^'' passed Mait^h 18, 1875.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 10 of an Act passed
March 18, 187S, be and the tame is hereby amended to
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read as follows: Sec. 10. That every company doing a
life insurance business in Tennessee, whether chartered
by the laws of Tennessee or any other State or foreign
<50untry, shall be required, for the protection of its policy
holders, to keep invested at all times a sum sufficient to
reinsure all outstanding risks, calculated upon the Ameri-SSSiS!****
can experience table of mortality, at 4J per cent, on mu-
tual or participating policies, and at 6 per cent, in stock
•on non-participating policies, which amount shall be in-
vested ip bonds, securities, or mortgages (if mortgages on
real estate worth double the sum loaned), to be certified
-as safe and worth this amount by the Insurance Com-
missioner of the State in which the company was or-
^;anized.
Sec. 2. Be it farther enactedy That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 22, 1877.
EDWIN T. TALIAFERRO,
Speaker cf iht Heme qf BepreaenUUwei,
HUGH M. McADOO,
Speaker (^ the SenaU,
Approved March 26, 1877.
JAS. D. PORTER,
Oevemor*
CHAPTER CIX.
AN ACT to repeal sections 3 and 28 of an Act passed January 25,
1871, entitled an Act better to secure the rights of tobacco planters,
and of the tobacco trade^ and to prevent fraud in the inspection and
sale of tobacco, and to simplify the tdbacco and inspection laws.
Section 1. Be it enacted by the GenercU As&embly of
ihe State of Tennesaeey That Sections 3 and 28 of said Act
passed January 25, 1871, be and the same are hereby
repealed.
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Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfere requiring it*.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker cf the Senate.
EDWIN T. TALIAFERRO,
Speaker qf the Exmae cf EepresentabioeK
Approved March 26, 1877.
JAS. D. PORTER,
Governor.
CHAPTER ex.
AS ACT to change the county line between the counties of Davidaoib
and Cheatham.
Section 1. Be it enacted by the Oeneral Assembly o/
the State of Tennessee, That the county line betwc(^n the-
counties of Davidson and Cheatham be changed and es-
tablished so as to include J. D. Walkup, N. P. Sneed, J.
P. Newsom and A. J. Newsom and their lands in the
county of Davidson as follows, to- wit: Beginning in thd
said county line as now established at Walkup^s Spring
on the Harpeth river near the North-western Railway,,
running thence north and east with the west and north
boundaries of the lands of J. P. Walkup and N. P-
Sneed, about one mile and a quarter to the old road from<
Newsom's old mill to the Charlotte pike; thence with*
said old road to the said county line as now established
at its crossing of the Charlotte pike.
Sec. 2. Be it further ena^d, That this Act take effect
from and after its passage, the public welfare requiring it..
Passed March 26, 1877.
HUGH M. McADOO,
Speaker cf the Senate.
EDWm T. TALIAFERRO,
Speaker of the House of BepreaentatweB.
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor..
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CHAPTER CXI.
AN ACT to allow personal representatives to sue in case of injury to
real property.
Section 1, Be it enacted by the General Assembly of the
State of Tennessee, That hereafter when any person enti-
tled to sue for injuries to real property shall die before
commencing action, it shall be lawful for the personal
representatives of said party to «ue and recover for the
benefit of the deceased.
Sec. 2. Be it enacted. That this Act take effect from
and after its passage, the public welfare requiring it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker cf ihe Semiie.
EDWIN T. TALIAFERRO,
Speaker of the House qf BqpresmkUwei,
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER CXII.
AN ACT for the benefit of the East Tennessee Mechanical and Agri-
cultural Association.
Section 1. Be it enacted by the General Assembly of the
State of Tennessee, That the law passed in 1873, on page
134, Chapter 51, section 1, be amended, and instead of
President and Directors, authorize the Governor to ap-
point three commissioners, who shall be ftiUy empowered
to contract, transfer, etc., a certain piece of land as de-
scribed in said Act of 1873, and re-invest the proceeds
in the manner and for the purpose as provided for in the
said Act.
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Sec# 2. Be it farther enacted. That the time for such
sale and re-investment shall be extended five years from
the passage of this Act.
Sec. 3. Be it further enacted. That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 23, 1877.
HUGH M. McADOO,
, Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the Houm of BqtreeentaiUm,
Approved March 24, \877.
JAS. D. PORTER,
Oovemor.
CHAPTER CXIII.
AN ACT to lessen the limits of the corporation of the town of Atoka,
in Tipton county.
Section 1. Beit enacted by the General Assembly of th€
State of Tennessee, That an Act passed January 17, 1838,
entitled "An Act to incorporate the town of Portersvillc,
in the county of Tipton,'' an5 an Act passed March 24,
1875, entitled "An Act to amend the charter and extend
the limits of the corporation of the town of Portersvillc,
and to change the name thereof," be and the same is so
amended as follows : The bounds of said town are as fol-
lows: beginning at a stake on McLaughlin's land at a
point 41 chains due south-west from the depot-house in
said town; thence east 56.36-100 chains to a stake and
sweetgum on Ewin's land ; thence north 56.36-100 chains
to a stake and walnut on Henry Dickerson's land ; thence
west 56.36-100 chains to a stake on Wm, Coward's land;
thence south 56.36-100 chains to the beginning, contain-
ing by estimation in area 317 acres, 2 rods and 23 poles.
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Sec. 2. Be it further enacted^ That the public welfare
requiring it, this Act take effect from and after its passage.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker o/ the House of Bepreeeniativee.
HUGH M. McADOO,
i^peaher of the Senaie,
Approved March 26, 1877.
JA8. D. PORTER,
Oovemer,
CHAPTER CXIV.
AN ACT to amend an Act entitled "An Act for the protection of per-
son and property upon railroads," passed November 25 and ap-
proved December 2, 1871.
Section 1. Be it enacted by the General Assembly of
the State of Tentiessee, That the Act which this is intended
to amend, making it a misdemeanor for the engineer or
other employes of any railroad company to cross the
track o^any other railroad in this State with an engine
or train without first coming to a full stop, shall not ap-
ply to the longer road when the two roads which cross
each other are under the management of the same com-
pany, and to this extent said Act is hereby repealed.
Sec. 2. Be it further enacted, That the public welfare
requiring it, this Act shall take effect and be in force
from and after its passage.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of BepreseriUUives,
Approved March 24, 1877.
JAS. D. PORTER.
Oovemor.
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CHAPTER CXV.
AN ACT to change the line between the counties of Smith and
Putnam.
Section 1. Beit enacted by the Oenercd Assembly of
the State of Tennessee, That the line between Smith and
Putnam counties be so changed as to include, in Smith
county that portion of the lands of Thomas L. Watts
now lying in Putnam county, making said county line
follow the line between the lands of 6. B. Thompson
and said Thomas L. Watts.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage, as the public welfare
Iuires it.
i^assed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER CXVI.
AN ACT to change the time of holding the November term of the
Circuit Court of DeKalb County.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That hereafter the November term
of the Circuit Court of DeKalb county shall begin on
the first Monday in November, instead of the second
Monday as now provided by law.
Sec. 2. Be it further eaaxstedy That this act shall take
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effect from and after its passage^ the public welfare re-
qairing it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 24, 1877.
JAS. D; PORTER,
Oovemor.
. CHAPTER CXVII.
AN ACT to repeal an act passed March 22, 1875, establishing a Bu-
reau of Immigration.
Section 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That section 6 of an act passed
March 22, 1875, entitled An Act to create a Bureau of
Immigration, be and the same is hereby repealed.
Sec. 2. Be it further enacted, That the Commissioner
of Agriculture, Statistics and Mines be and he is hereby
required to perform the duties of Commissioner of Im-
migration, without additional compensation.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of BepreserUativea.
Approved March 24, 1877.
JAS. D. PORTER,
Governor.
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CHAPTER CXVIII.
AN ACT to appoint additional Trustees for East Tennessee UniyerBity
and Agricultural College.
Section 1. Beit enacted by the Otneral Assembly of
the StcUe of Tennessee, That J. F. Deadrick, Wm. Mor-
row, Jno. L. Moses, A. Caldwell, John Williams, Rev.
J. F. B. Mays, John M. Fleming, R. J. Wilson, Sam.
McKinney, Thos. O^Connor, Geo. Brown,. J. W. Gaut
and C. E. Luckey be and they are hereby appointed ad-
ditional Trustees of East Tennessee University and Ag-
ricultural College.
Sec. 2. Be it fwrther enacted, That this act take
effect from and aner its passage, the public wel&re re-
quiring it.
Passed March 21, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Souse of Representatives.
Approved March 23, 1877.
JAS. D. PORTER,
OovemoT.
CHAPTER CXIX.
Whereas, Forrest Hill Academy, in McMinn coun-
ty, is so much dilapidated and out of repair as to be unfit
for educational purposes; and.
Whereas, As the trustees of said academy have no
means with which to repair, improve and keep up said
academy building and the lot upon which it stands, as
the educational interests of the county require; and.
Whereas, Said academy owns a lot of about three
acres of land lying about one mile northeast of the town
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of AthenSy and one or two lots in the town of Athens,
besides the lot on which said academy stands, which said
land and town lots are unimproved and yield no income
to said academy ; therefore^
Section 1. Be it enacted by the General Assembly oj
ike State of Tennessee, That W. T. Lane, Jno. F. Sloyer,
W. C. Hafley, E: Walker and W. S. Gaston, as trustees
of said academy, and their successors in office, be and J[^jj®* '^^^
they are hereby authorized to sell all the land and town
lots now owned by said academy, except the lot on which
said academy building stands, and to make valid, fee
simple title to the purchaser or purchasers thereof, with
general warranty, and to do all other acts in relation to
said sale, and the divesting and investing title thereto, as
may fully effectuate the object of this bill, upon such
terms as they may deem best.
Sec. 2, Be it further enacted, That said trustees and
their successors in office shall apply the proceeds of the Proceeds to
sale of said lands and town lots, when collected, in re- J^Jp^^J*^^^^ ^
pairing, improving and keeping said acadejny building
and the lot upon which it stands, as said repairs and im-
provements may be deemed necessary for the interests of *
education.
Sec. 3. Be it further enacted, That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the jffoibse of Bepresentaiives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 24, 1877.
JAS.'D. PORTER,
Oovemor,
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CHAPTER CXX.
AN ACT to regulate the lien acquired by judgments, decrees, etc.
Section 1. Beit enacted by the General Assembly of
the State of Tennessee, That the title to real estate shaU
not be in any manner affected as to third parties by any
lien acquired by any judgment, decree, bill in equity,
judicial attachment, lis pendens, levy of attachment, or
Abstract to be levy of execution, without actual notice thereof, till an
kept by Regis- abstract of such proceeding shall have been filed for
record in the Register's office of the county where the
land lies. Such abstract shall be recorded in a book to
Judgment Koii be kept in said office, to be called the Judgment Roll, —
the book to be furnished, as other books of record, by
the County Court.
Decree. Sec. 2. Be it enoxsted, That the abstract of the judg-
ment or decree shall show briefly the names of the parties
plaintiff and defendant, the name of the court, and num-
ber of the case, and the amount and date of judgment
Bill in equi- or dccrcc. The abstract of the bill in equity, attach-
itc. ** ^*"'^^"*' ment bill, lis pendens, judicial attachment, shall show
briefly the names of the parties plaintiff and defendant,
name of the court and number of the case, date of filing
the bill or commencement of the suit, date of levy of
the attachment, and description of the property upon
Attachment '^^^^^ it is sought to fix the Hen. The abstract of the
orexecntion. attachment or execution shall show briefly the names of
the parties to the suit, the name of the court or justice
of the peace issuing the attachment or execution, the
number of the uexecution or attachment, the date of issue
and date of levy, and description of the property on
which the levy is made.
Sec. 3. Be it enacted, That the clerk or justice of the
Indexes to P^^ce shall furnish a certified copy of said abstract upon
Judgment Roll the demand of any party entitled thereto, and shall re-
ceive therefor fifteen cents; and the Register shall re-
ceive fifteen cents for filing and recording the same.
The Register shall keep a direct and reverse index of
the Judgment Roll, showing the names of all the plaint-
iffs in alphabetical order, and of all the defendants in al-
phabetical order, as the grantor and grantee are now
indexed in the record of deeds.
Sec. 4. Be it enaetsd, That a certified copy of said
abstract, certified by the Register, shall be received as
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•evidence in any of the courts or judicial tribunals of
this State.
Sec. 5. Be it enacted^ That the provisions of this
act shall only apply to counties that had^ by the census
of 1870, a population of not less than forty thousand.
Passed March 26, 1877. .
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of Hepresentatives.
Approved March 26, 1877.
JAS. D. PORTER,
GovartMr.
CHAPTER CXXI.
AN ACT to amend an Act entitled "An Act to regulate and organise
Municipal Corporations of certain population, and for the increase
and diminution of their powers/' passed March 20, 1875, and
approved March 23, 1875.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed March 20th, ^^j.^.^^^j
1875, entitled an Act to regulate and organize Municipal powers to all
Corporations, etc., be, and the same is hereby so amended SorporSfom.
as to apply all the powers, immunities and privileges
therein granted to municipal corporations of certain pop-
ulation, to all the municipal corporations in the State, of
whatever population, that shall hereafter bring themselves
within the terms and considerations of said Act.
Sec. 2. Be it further enacted. That section 15 of said
Act be, and the same is hereby so amended as to apply l^^^f'"'
the provisions of said section to the petition in writing of
any five freeholders instead of fifteen, as now provided
in said section.
Sec. 3. Be it further enacted, That any part of any
county not included within any municipality, may bcp j^^^^,^^^^^
incorporated under the provisions of sections 2 and 3 ofm y be incur-
the aforesaid Act, and in the manner therein provided. ■*®'**'*^'
And upon the return of the vote authorized in said section
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3, the Clerk of the County Court shall certify to the Sec-
retary of State that notice was duly given and application
made in due form of law, the survey, the entire number
of votes cast, and the corporate nature of the municipality.
Sec. 4. Be it further enacted. That it shall be the duty
of the Secretary of State, upon the receipt of said certifi-
cate, to file the same in his office, and thereupon issue a
certificate of incorporation in these words :
State of Tennessee — Charter of Incorporation.
Be it known, the town or city (here insert name and
c«r«fiic»te. Doetes and bounds) id hereby duly and legally iacorpor-
ated, and as such is entitled to all the benefits and subject
to all the responsibilities of the laws of the State, appli-
cable to municipal corporations. He will affix thereta
his official name and the great seal of the State, and for-
ward the same to the County Court Clerk, who shall .
immediately cause the same to be registered in the County,
and the same, after registration, shall not be collaterally
questioned as a legal municipal corporation.
Sec. 5. Beit further enacted, That upon such registra-
tion, the petitioners and their successors, and all others
residing within said district, shall be incorporated and be
vested with all the rights incident to corporations. They
shall by the name they select have perpetual succession,
and may have a common seal, sue and be sued, plead and
be impleaded, have, receive, purchase and hold property,
real or personal, and grant, sell, or dispose of the same
for the use and benefit of said corporation ; and shall be
entitled to all the rights and powers, and be controlled
by all the restrictions and regulations contained and set
forth in sections 1359 to 1399 inclusive of the Code of
Tennessee.
Sec. 6. Be it further enacted, But before making ap-
plication for a charter of incorporation under this Act,
List of peters. *^® pcrsons intending to apply shall, in a good substantial
blank book, make, or cause to be made, a full and correct
alphabetical list of the names of all persons, whether re-
siding within the boundaries of the proposed incorpora-
tion or not, who, at the time of making said list, would
be qualified voters in municipal elections in the proposed
incorporation, were the same then incorporated, and shall
leave sufficient space in said list, in no case less than
thirty lines, after the last name in each letter of the al-
phabet, for the addition of other names^ as hereinafter
provided. When said list is Completed it shall be veri-
fied as a full, correct and complete list, by the affidavit of
at least three of the persons intending to apply for a
Powers on re-
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charter^ that they verily believe it to be such, taken be-
fore any official authorized by law to administer oaths in
Tennessee. When said list has been so verified it shall, o«toiy tf liat.
if the town proposed to be incorporated be a county site,
be deposited or filed with the Clerk of the County Court
of the county in which it is situated; if not a county site,
then with any Justice of the Peace residing within the
proposed incorporation ; and if no Justice of the Peace
reside within the proposed incorporation, then with the
nearest Justice of the Peace of the county in which said
town is situated; and it shall be the duty of such Clerk
or Justice of the Peace to mark on said list the date of
filing the same, and keep it subject to public inspection, and J^J^ce jf list
for the other purposes hereinafter mentioned. Written or ^^ **'
printed notice, to which the names of at least five of the
persons intending to apply for the charter shall be at-
tached, setting forth the name and boundaries of the. pro-
posed incorporation, the time of filing said list, the place
where the same may be found, and the name of the official
having custody thereof, shall be conspicuously posted at
not less than three public places within the proposed in-
corporation, for thirty days, and if there be a newspaper
published in said town, or if not, and there be one pub-
lished in the county, such notice. shall also be published
therein once a week for four successive weeks. At any
time after said list has been filed with such Clerk or Jus-
tice of the Peace, and before the day of the election here-
inafter provided for, any person, who would, were said
town then incorporated, be a qualified voter in municipal
elections thererin, and whose name has been omitted from
or incorrectly written on said list, may have his or her i^ameB omitted
name entered or corrected under the proper letter on said
list by applying to the official having custody of said list
and demanding that the same be done, and it shall be the
duty of said official to enter or correct such name, but, if
not satisfied as to the right of the person applying, he
may cause them to make oath that they are so entitled,
and they shall be liable to be prosecuted for perjury if
they willfully swear falsely.
Sec. 7. Be it further enacted, At the expiration of
thirty days from the date of posting of the notices afore- >®®^*"
said, or if published in a newspaper, thirty days from the
date of the first publication, the sheriff of the county in
which such town is situated, by himself or deputy, upon
the costs incident to such election being paid or secured
to him, shall, after giving ten days' notice, open and hold
an election in said proposed incorporation, to ascertain
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the will of the qualified voters in regard to the incorpo-
ration of said town. The qualified voters who favor the
BaUotfl. incorporation of said town shall have written or printed
on their ballots or tickets the word ^^ Corporation," and
those who oppose the incorporation of said town shall
have written or printed on their tickets or ballots the
words *' No Corporation." On the day of said election
and before the polls are opened, the official having cus-
tody of said list of qualified voters, shall deliver the same
to the sheriff or deputy holding said election.
Sec. 8. Beit further enacted, No application or charter
of incorporation for such town shall oe registered, or if
Sheriff's oerti- registered such application or charter shall be of no force
or effect whatever, unless the certificate of the sheriff or
deputy holding said election shall be endorsed on the
application and registered .with it, and shall show the
number of voters on said list, and that at least two-thirds
thereof have voted in favor of the incorporation of said
town. The certificate of said sheriff or deputy shall be
substantially in the following form, to-wit :
State of Tennessee, ) I, , Sheriff (or Deputy
County. /Sheriff) of said county, certify that
in accordance with the provisions of law applicable to
such cases, T opened and held an election in the proposed
incorporated town of ■ — on the day of
in the year — — . The list of qualified voters of said town
furnished me on the day of said election shows the num-
ber of such qualified voters to be (here insert the number
both in words and figures.) At said election there were
cast for " Corporation," '—- (here insert the number
both in words and figures) votes, and for "No Corporation"
(here insert the number both in words and figures) votes.
This the day of 18—. (Signed Sheriff or
Deputy Sheriff.)
Sec. 9. Be it further enacted, If two thirds of the
voters shall have voted for " Corporation," it shall be the
duty of the Sheriff or Deputy Sheriff holding said election
to make said certificate when the application for the
charter shall be presented to him ; and when said Cor-
«r^D?satk>n! poration is organized he shall deliver said list of qualified
voters to the Mayor of such town. If a sufficient num-
ber of votes are not cast to authorize the application for
said incorporation, said list shall be deposited with the
Clerk of the County Court of the county in which such
town is situated.
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Sec. 10. Be it furlher enacted, That this Act take effect
from and after its passage^ the public welfare requiring
it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker qf the House cf BeprtaentaUves.
HUGH M, McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor.
CHAPTER CXXII.
-AN ACT to amend Sections 4894 to 4912 inclusiye, of the Code of
Tennessee, and also to amend Chapter 22 of the Acts of 1869-70,
entitled 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 4894 to 4912 inclusive, of
the Code of Tennessee, and Chapter 22 of the Acts of
1869-70, entitled an Act to amend the Criminal Laws of
the State, be so amended as to make the provisions of
said sections of the Code and said chapter of the Acts of
1869-70 apply to all elections 'held under the authority
of the municipal corporations of this State, whether such
corporations were organized under a special charter, or
under the general laws providing for the organization of
municipal corporations, and any person who may, in any
•election held under the authority of any municipal cor-
poration in this State, violate any of the provisions of said
iseotions of the Code, and said chapter of the Acts of 1869-
70, shall be subject to indictment or presentment, and
|)nnishj[nent as prescribed in said sections and Act.
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Sec. 2. Be it further enacted, That this Act take efiect
from and after its passage, the public welfare requiring it^
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the ffouae of BepreaentativeM,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Governor*
CHAPTER CXXIII.
AN ACT to proyide for the organization of Gorporationsf or brewing-
Beer and Ale and to amend an Act passed March 19, 1875.
Section 1. Be it enacted by the General Assembly of
Thrte or more ^^ State of Tennessee, That any three or more persons,
|hart«r mem- Qver twenty-one years of age, shall have the privilege of
obtaining a charter of incorporation for the purpose of
brewing and- manufacturing beer and ale.
Sec. 2. Be it further enacted, That corporations created
under the provisions of this Act, shall have the power to
p ' hta ^^"^^^'^^^ ^^^ build breweries to be operated by steam or
anchJnTiiegeB Other power, and generally to put up any and all build-
ings, shops and sheds necessary for carrying out the pur-
poses of the corporation, including the right to vend and
sell beer and ale, and also to purchase, own and hold real
estate and other property sufficient for the business of the
corporation, and shall also have all the powers, rights
and privileges conferred on corporations by section five,
(5) of chapter 142 of the Acts of 1875, entitled an Act to
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provide for the organization of corporations, approved
March 23, 1875,
Sec. 3. Be it further enaeted, That corporations cre-
ated under the provisions of this Act shall have a capital capital ttoek.
^tock paid up, to be divided into shares of one hundred
dollars each, of not less than five thousand dollars nor
more than five hundred thousand dollars, and that such
corporations may from time to time increase or diminish
their capital stock to any amount within said limits.
Sec. 4. Be it Jurther enacted^ That the form of a char-
ter for a corporation under the provisions of this Act
shall be as follows : *
State gf Tennessee — Charter of Incorporation.
Be it known, that (here insert names of three or moreFormofchirt^
persons who desire to be incorporated) are hereby consti-
tuted a body politic and corporate by the name and style of
(here insert the name) for the purpose of brewing beer
and ale, within the meaning and purview of an Act of the
•General Assembly of the State of Tennessee, entitled
'**An Act to provide for the organization of a corporation
for brewing beer and ale.*^
Sec. 6. Be it further enaetedy That to said charter shall
be appended an application in these words : '' We, the Appiic*ti«.
undersigned, apply to the State of Tennessee by virtue of
the laws of the land, for the foregoing charter of incor-
poration. Witness our hands, the day of .*'
That said application shall be signed by three or more
corporators and acknowledged by them before the Clerk
of tne County Court, and that the charter with the appli-
cation and certificate of acknowledgment thereof, shall
be registered in the Register's office of the county where
the main business of the corporation is to be conducted ; Registration,
the fact of registration is to be endorsed on said instru-
ment by the Register, which shall then be transmitted to
the Secretary of State, who shall copy the same in his
book kept for that purpose, with the probate of acknowl-
edgment and certificate of Register. The Secretary of
State shall certify in the original instrument that the
same has been registered in his office, to which certificate
shall be affixed the great Seal of the State, whereupon
the formation of the corporation is declared complete,
and the validity of the same shall not be impeached in
any collateral proceeding.
Sec. 6. Be it Jurther encLcted^ That for their services fR-^»
the Register and Secretary of State shall each receive asw. «f%a^
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three dollars, and the Clerk the same fees as for a probate-
or acknowledgment of a deed.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bqyresentaiivet,
HUGH M. McADOO,
Speaker of the Senate*
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor,.
CHAPTER CXXIV.
AN ACT to change the times of holding the Circuit Courts of
Clay County.
Section 1. Be it endcted by the General Assembly of
the StcUe of Tennessee, That the Circuit Courts of the^
county of Clay sHall begin on the first Mondays after the
fourth Mondays of January, May and Septemoer, instead
of the fourth Mondays of said months, as now provided
by law.
Sec. 2. Be it further enacted, That all bonds, recogni-
zances, and process returnable to the fourth Monday of
May next, shall be returnable to the first Monday after
the said fourth Monday, and shall be of the same validity
as if made returnable to said Monday.
Sec 3. Be it further encusted, That this Act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Rqpresentaiives,
HUGH M. McADOO,
Speaker of the SeruUe,
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor^
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CHAPTER CXXV.
AN ACT to extend the corporate limits of the town of Fajetteville.
Section 1, Be it enacted by the General Assembly of
the State of Tennessee, That the corporate limits of the
town of Fayetteville, in the county of Lincoln, be and
the same are hereby extended to the following limits, to
wit: beginning on the west bank of Norris Creek where
what is known as the tanyard branch empties into said
creek, thence south with ,the west bank of said creek to
the mouth of the same, thence west with the north bank of
Elk river to the stone bridge across the same, thence west
to the southeast corner of Jas. K. Burman^s tract of land,
thence west with said Burman's south boundary line to his
southwest corner, thence north to the south boundary
line of said corporation, and the corporate limits of said
town of Fayetteville, Tennessee, be further extended by
beginning at the northwest corner of a lot deeded to the
trustees of Milton College, thence due north to the Fay-
etteville and Elkton turnpike, thence east to the north
west corner of Rose Hill Cemetery, thence to the north-
west corner of a lot known as the African Church lot on
Rock Hill, thence to the bridge across Dry Creek, on
the Fayetteville and Stielbyville turnpike.
Sec. 2. Be it further enacted^ That none of the lands
within the limits of the extension made by the ioregoing
section shall be subject to corporation taxes, unless the
same is or may hereafter be laid off in town lots.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Ooverruyr,
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CHAPTER CXXVI.
AN ACT to amend the charter of the Lebanon and Sparta turnpike
road, and to extend the road to the town of Smithville, DeKalb
county, Tennessee, and for other purposes.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That an Act passed the — day of
, 1832, chartering the Lebanon and Sparta turnpike
road, and incorporating the company thereof, be so
amended as to authorize the board of directors of the
said company, by the consent of a majority of the stock-
holders of the said company, as to authorize the directors
Width oi bed, of the road to extend the road to the town of Smith ville,
DeKalb county, Tennessee, from its terminus on the top
of Swan's hill, where it now terminates, the bed of the
said road only to be sixteen feet wide, and to be finished
in all other respects as is required l3y law to complete
the road under the original charter.
Sec. 2. Be it further enaetedy That for the purpose of
enabling the company to extend and to complete the said
Subscri tibn *'^^^^ ^^ '^ required by this Act, they shall have power
to stock to open books for the purpose of receiving subscription
in money or labor, in stock, and every twenty-five dol-
lars so subscribed shall constitute one share in stock of
the aforesaid company, and the several sums of money
and labor so subscribed shall be paid as directed by the
directors of said company.
Sec. 3. Be it further enacted, That so soon so the
Toll ate directors shall finish two miles of the road, commencing
at the terminus of the road on Swanks hill, they shall
have power and authority to erect one gate, and receive
toll at the gate, at the rates of the other gates now erected
on the said road.
Sec. 4. Be it further enacted, That when the directors
shall complete the said turnpike road to the Court-house,
in the town of Smithville, they shall have the authority
Another toU- ^q erect One other tollgate on said road, not to be erected
nearer to Smithville than one-half mile of the corpora-
tion line of the town of Smithville, and receive toll at
the same rates as the other gates now receiving toll.
Sec. 5. Be it further enacted. That the charter of the
^^alandoned^* ^^^S^ turnpike road .be so amended as to relieve the
company from keeping the road from the top of Swan^s
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bill to Smithville in repair, so soon as the directors shall
•complete the road to Smithville, of the Lebanon and
Sparta road.
Sec. 6. Be it further enadedy That for the purpose of Powers of orfj-
enabling the company to build and complete the road toJ"*^^®"**^^®"*^*
Smithville, they shall have all the powers and privileges
that the company had in building and completing the
road under the original charter.
Sec. 7. Be it further enacted, That an Act passed
1837, chartering the Lebanon and Sparta turnpike com- ^^^^g^^^Jp'^JJ
pany, be so amended as to authorize and empower the 1837.
the aforesaid company to survey out and build the
aforesaid turnpike road, beginning at the bridge of
Spring Creek, Wilson County, Tennessee, running in the
most practical route to the town of Carnsville, in Wilson
<50unty, Tennessee, the said road to be bedded and graded
^sixteen feet wide, and to be finished in all respects as the
original charter required said company to finish and
<;omplete the original road running from Lebanon to the
top of Swan's hilj.
Sec. 8. Be it further enacted, That the aforesaid com- Toiifratea er-
pany shall have power and authority to erect a tollgate ^'^ ^ ™^^®^*
«very five miles on its aforesaid road, and receive tolls
at the same rates that they received toll under the origi-
nal charter, on the original turnpike road.
Sec. 9. Be it further enacted, That this Act take efiect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. POUTER,
Governor. »
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CHAPTER CXXVII.
AN ACT to anthorize the citizens or School Commissioners, or both^
of the Third Fractional Township, North; Fifth Range, East of the
meridian, Ocoee District, Tennessee, to lease the school lands in said
township for mining purposes.
Whereas, There have been mineral discoveries on
the school lands in the Third Fractional Township,
North Fifth Range, east of the meridian, Ocoee District,
Tennessee, which school lauds lie in the sixteenth '(16th),
and possibly a part in the twenty-first (2l8t) section of
said township; and
Whereas, The citizens of said township' in person,
and also through their School Commissioners, have leased
said school lands to 8. B. Miller, Cromwell Pearce and
T, E. McCrosky, for the purpose of mining for gold,
silver, copper and other minerals to be found thereon^
the rents or royalties to be paid for the benefit of the
school children residing in said township; and
Whereas, said citizens and School Commissioners of
said township desire to extend the time of said lease to
said lessees to a period of fity years, so as to encourage a
full development of all minerals thereon, but do not feel
authorized to do so under the law as it now exists.
Therefore,
Section 1. Be it enacted by the General Assembly oj
the State of Tennessee^ That for the purpose of develop-
ing the minerals and mineral interest, and mining for
same, upon the School lands in the Third Fractional
Township, North, Range Fifth, East of the meridian,
Ocoee District, Tennessee, the citizens or School Com-
missioners, or both, of said fractional township are
authorized to lease said school lands to S. B. Miller,
Cromwell Pearce and T. E. H. McCroskey, for a period
not exceeding fifty years, and for mineral purposes only,
upon such terms and conditions as will be most condu-
cive to the interest of the school children living in said
fractional township.
Sec. 2. Be it farther enacted That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Se/nate.
EDWIN T. TALIAFERRO,
Speaker of the House ^ BepresentcUivei.
Approved March 26, 1877.
JAS. D. PORTER,
. Qovemor,
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CHAPTER CXXVIII.
AN ACT to amend the corporation of the city of Brownsville.
SBcrnoN 1. Be it enacted by the General Assembly of
the Stale of Tennessee, That the election of Mayor and
Aldermen shall be held on the first monday of Septem-
ber instead of the first Saturday in January, as now pro-
vided bv law, and that the Mayor and Aldermen so change of
elected shall hold their office for two years from and ^^^ ^^ ^^^^*^*»^
after the first Monday in January succeeding their elec-
tion, at which time they shall be inducted into office, and
shall hold their office until their successors shall be
elected and qualified.
Sec. 2. Be it further enacted, That elections shall be
held biennially on the first Monday in September there- Bieetioni w-
after for the election of Mayor and Aldermen, as pro- ®^'^**^*
vided in the first sffction of this Act, and shall be in-
dacted into office at the time mentioned in the first
section, to wit: on the first Monday of January next fol-
lowing.
Sec. 3. Be it further enacted. That the City Marshall
shall be elected by the Mayor and Board of Aldermen, city Marshal.
and shall hold his office for two years, unless for good
and sufficient causes he shall be removed by the Mayor
and Board of Aldermen, and the said Mayor and Board
of Aldermen shall alone be the judges of the sufficiency
of the cause of removal.*
Sec. 4. Be it further enacted. That an Act passed
March 19, 1875, amending the charter of the city of ^ "''*'*
Brownsville, Chapter 72, Sections 7, 8, 9, 10 and 11, and
all other Acts in conflict with the provisions of this Act
be and the same are hereby repealed.
Sec. 5. Be it fwrther enacted, That the public welfar*^
demanding it, this Act take efiect from and alter its
passage.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House qf BepresenUiHvea,
Approved March 26, 1877.
JAS. D. PORTER,
Governor.
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CHAPTER CXXIX.
AN ACT to repeal an Act to improve public roads, approved March
26th, 1873.
Section 1. Be it enacted by the Oeneral Assembly of
the State of Tennessee^ That the above recited Act be and
the same is hereby repealed.
Sec. 2. Be it farther enxictedy That this Act take effect
from and after its passage^ the public welfare requir-
ing it.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of HepreserUatives.
Approved March 26, 1877.
JAS. D. PORTER,
Governor.
CHAPTER CXXX.
AN ACT to change the line between Blount and Monroe counties.
Section 1. Be it enacted by the Oeneral Assembly of
the State of Tennessee^ That the line between the counties
of Blount and Monroe be and the same is hereby changed
430 as to leave the Little Tennessee River where said line
line now intersects the same, run in a northerly direction
one mile or more; thence east and south to said river, so
as to include in Monroe county all the lands owned by
Oharles F. Henley, J. L. Johnson and John B. McGhee,
that adjoin each other.
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Sec. 2. Be it further enactedy That this Act take effect
from and after its passage, the public welfare requir-
ing it. *
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
Approved March 26, 1877.
JAS. D. PORTER,
Ooverrwr.
CHAPTER CXXXI.
AN ACT to change the line between the counties of Coffee and Grundy.
Section 1. Beit enacted by the Oeneral Assembly of
the State of Tennessee, That the line between the counties
of Coffee and Grundy be so changed as to include the
lands of Ewell Smith, in the county of Coffee, beginning
on a rock on the Coffee and Grundy line, thence south
84'', east with W. H. Willis' line to James H. Patton's
line, thence with said line south 6° east, to a rock pile,
James H. Patton's corner, thence south 83J° west to the
Coffee county line.
Sec. 2. Be it further enacted. That this Act take effect
from and after its passage, the public welfare requir-
ing it.
Passed March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER CXXXII.
AN ACT to remedy the law in cases of Certiorari and Supersedeas.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee That hereafter it shall no.t be neces-
sary that a levy shall be made on the defendant's prop-
erty in order to entitle him to the writ of Certiorari and
Supersedeas.
Sec. 2. Be it further enacted. That this Act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentaii'oes.
HUGH M. McAT)00,
Speaker of the SenoAe.
Approved March 26, 1877.
JAS. D. PORTER,
Governor.
CHAPTER CXXXIII.
AN ACT to amend the charter of the " Knoxville. Tazwell and Jacks-
borough Turnpike Company."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 13, chapter 142, of
the act incorporating the Knoxville and Jacksborough
Turnpike Company, passed May 26, 1866, and which
company was cdnsolidated by an act passed December
Additional ^^> 1866, by section 6, chapter 33, under the name and
ro™d ^ ***®"'* style of the Knoxville and Tazwell Turnpike company,
and whereas under the original charter of section 13 as
above specified, is hereby so amended and modified as to
give and grant such length of time for the extension of
said road beyond the first five miles as the directors or
officers of said road may deem necessary, and no forfeit-
ure shall operate against said company or its rights and
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privileges, granted under said charter, under said sec-
tion 13.
Sec. 2. Be it further enacted, That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker tjf the Senate*
EDWIN T. TALIAFERRO,
Speaker <^ the Hov»e cf Bepreaentaiivet.
Approved March 26, 1877.
JAS. D. PORTER,
Gfotiemor.
CHAPTER CXXXIV.
AN ACT to authorize towns and cities haying a population of not lees
than twenty thousand nor more than forty thousand inhabitants^ to
levy a special tax for the purpose of constructing or enlarging
water-works.
Secjtion 1. Be it Enacted by the General Assembly of
the titate of Tennessee, That municipal corporations here-
tofore chartered, having the population aforesaid accord-
ing to the Federal census of 1870, are authorized to levy
an annual tax for four years, the aggregate tax for any
one year not to exceed the sum of one hundred thousand
dollars, the proceeds of which levy are to be used ex- Annual tax
<5lusively in constructing reservoirs, purchasing pipes, *^' ^^"^ ^**'^-
engines, iron for filtering gallery, etc., and any other
legitimate purpose connected with the construction of
works necessary for a full and ample supply of water to
the citizens of said corporation.
Sec. 2. Be it further enaded. That the tax levied
as aforesaid shall be in addition to all other taxes, and
the same, when collected, not turned into the treasury on Tax for sp«-
general account, but paid over by the collector or trustee *'*^^ purpose.
to a committee or commission authorized to contract for
and superintend the construction of said works.
Sec. 3. Be it further enacted, That the committee or
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commissioD shall consist of three persons, to be . nomi-
Constructicp Dated by the Mayor, and the nominations confirmed| by
commiflsion. ^ majority of the members of the Board of Aldermen
and Common Council, each board voting separately on
the question of confirmation.
Sec. 4. Be it further enacted, That no contract mad&
ifj'oontraote**" ''^y *^® Committee or commission involving a greater
amount than $10,000 shall be valid, unless the same ia
submitted to and approved by a majoyty of said board.
Sec. 5. Be it further enacted, That by ordinance duly
Removal of pass^^^ s^id members of the committee or commission
oommissiMiers may be removed or suspended, and other persons ap-^
pointed.
Sec. 6. Be it further enacted, That this act take^
effect from and after its passage, the public welfare re^
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker (^ the Hwue, of BepreserUaUvet,
HUGH M. McADOO,
Speaker of ike Senate, ^
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,.
CHAPTER CXXXV.
AN ACT to regulate the pay of special judges of the inferior 'courts of
the State of Tennessee. I . ^ «^. •-"^^"'T'
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That hereafter when, by reason of
the incompetency, sickness, or other cause, any Judge or
Chancellor in the State of Tennessee he shall be unable
to hold his courts, and a special Judge shall be appointed
or elected, said special Judge shall receive no compensa-
tion from the State, unless in the recommendation or cer-
tificate of the regular Judge or Chancellor for the ap-
pointment of the special Judge or Chancellor he shall ex-
pressly authorize the said Judge or Chancellor to be paid
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out of his regular salary^ in which event said special
Judge or Chajicellor shall receive such pay as the regular
Judge or Chancellor should have received for the same
length of time, to be deducted out of the salary of such
regular Judg^ or Chancellor.
Sec. 2. Be it further enacted. That this act shall not
apply to regular or special Judges elected or appointed
upon the Supreme Bench of Tennessee.
Passed March 26, 1877 .
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER CXXXVI.
AN ACT to amend an act entitled "An Act to establish a court to be
called the Common Law and Chancery of the county of Madison."
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That section 8 of an act passed
March 17, 1875, entitled An Act to establish a court to
be called the Common Law and Chancery Court of the
county of Madison, be in all things repealed, except in
80 much as the same fixes the amount of the salary of
the Judge of said court.
Sec. 2. Be it further enacted, That from and after
the 27th of December, 1876, the salary of the Judge of
said court be paid the same as the salary of other ju-
dicial officers of the State of Tennessee.
Sec. 3. Be it further enacted. That this act take
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effect from and after its passage^ the public welfare re-
quiring it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of Hepresentatives,
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor,
CHAPTER CXXXVII.
AN ACT to change the line between the counties of Hawkins and
Hamblen.
Section 1. Be it ermded by the General Assembly of
the Staie of Tennessee, That the line between the coun-
ties of Hawkins and Hamblen be so changed as to in-
clude all the lands of A. M. Trullinge in Hamblen
county.
Sec. 2. Be it farth^ enacted^ That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER CXXXVin.
AN ACT to detach a portion of the third civiL district of Marion
county, and attach the same to Sequatchie county.
Section 1. Be it enacted by the General Assembly of
4he State of Tennessee, That the following described por-
tion of the third civil district of Marion county be de-
tached from the county of Marion and attached to the
'oounty of Sequatchie, viz : beginning at the southeast
*<5orner of Sequatchie county and running up the north-
-east fork of Suck Creek to where the ro^ leading from
the McEntire ferm to George W. Bridges crosses the
same, thence westwardlya direct line to the south corner
-of Kussell Bias^ field, thence westwardly a direct line to
the southeast corner of Josiah Burnett's land, thence
with the southern boundary of said Burnett's land to the
east main valley road, thence down the center of said
road southwestwardly to a point in the center of the
•same near W. M. Roberts' and opposite the center of a
lane leading westwardly; thence leaving said main valley
road and running with the center of said lane westwardly
to the west end of the same ; thence a northwestwardly
direction to the mouth of the Goose Pond Branch at
^quatchie Eiver; thence down the center of Sequatchie
River as it meanders to the southeast corner of David
S. and LaFayette Condra's land; thence with the south-
em boundary line of said David S. and LaFayette
"Condra's lands westwardly to the southeast corner of
the same near the west main valley road ; thence a direct
line to where the Nancy Williams or James Griffith
Spring branch crosses said road ; thence northwardly at
the center of the main west valley road to where Joel
Griffith's southern boundary land line crosses the same;
thence westwardly with said line between Joel and
James Griffith's lands to Joel Griffith's southwest corner;
thence northwardly with said Joel Griffith's line to
Joseph Golston's line; thence with the southern boun-
<dary of said Golston's lands, and around the same to his
northwest corner, so as to include said Golston in 8e-
-qnatchie county; thence north 50° west to the Grundy
county line; thence with the Grundy county line to the
southwest corner of Sequatchie county; thence with the
southern boundary line of Sequatchie county to the be-
ginning. Provided, the fraction above taken from Ma-
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Liability for rion and attached to Sequatchie county shall be liable for
jg^rtion of j^g p^,^ ^^^^ ^f j^|j ^^jj^g contracted by said Marion county
prior to the separation, and shall be entitled to its pro-
portion of any stocks or credits belonging to said county;^
and provided further^ two-thirds of the qualified voters
of said fraction shall vote in favor of the change.
Sec. 2. Be it further enacted, That it shall be the
duty of the sheriff of Marion county, on the first Thurs-
day in April next, at M. E, Deakins' store, to open and
hold an election, at which election ho shall receive the
»!rSSereheid^*^'^*® of pcrsous living within the boundary above de-
scribed who are qualified to vote for members of the
General Assembly. Those who favor the detachment of
said territory from Marion and the attachment of it ta
Sequatchie county, slmll have written or printed on their
ballots "For the. detachment," and those opposed to the
proposition shall have written or printed on their ballots
the words, "Against the Detachment." If it shall appear
that two-thirds of the votes cast at said election are in
favor of the proposition, then said portion of said dis-
trict shall be detached from Marion county and attached
to Sequatchie county, without further form or ceremony^
Sec. 3. Be it fwrther enacted, That this act shall take^
* effect from and afber its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERKO,
Speaker of the Souse of BepresentoHvea,
HU6h M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor^
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CHAPTER CXXXIX.
AN ACT to authorize the town of Djersburg to elect its town Constar
ble and Mayor by a direct vote of its qualified voters.
Section 1. Be it enacted by the General Assembly of
ihe State of Tennessee, That hereaflber the town Constable
and Mayor of Dyersburg shall be elected by the voters votere.
of said town qualified to vote for aldermen^ and at the
same time and place^ and under the same law as said
aldermen are now elected.
Sec. 2. Be it further enactedy That the person receiv-
ing the highest number of votes for Mayor shall be de- Highest i™
<5lared by the Sheriff of Dyer county elected Mayor oi^r of Totw to
said town, and the person receiving the highest number
of votes for town Constable shall be declared by the
sheriff duly elected, and the clerks shall make certificate
of such fact to the Recorder.
Sec. 3. Be it further enacted^ That the compensation
to the Constable and Mayor shall be fixed by the Board compeinattoa.
of Mayor and Aldermen, and that each of said officers
shall serve for and during the term of one year, unleas
removed for cause.
Sec. 4. Be it further enacted. That nothing in this
act shall be construed so as to prohibit the Board ofp^,j^^j^^^
Mayor And Aldermen to appoint as many policemen as
may be necessary, and the Mayor shall, as heretofore, re-
main a member of the Board of Mayor and Aldermen.
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 this act shall take effect from and
^fter its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of jRepresentativee,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
OovemoTm
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CHAPTER CXL.
' AN ACT to change the line between Hancock and Hawkins counties^
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county line between the
counties of Hancock and Hawkins be changed as fol-
lows: beginning in the line of said counties on the top
of the Middle Ridge; thence eastwardly along on the
top of said ridge to the pike road; thence with said road
and the line of Wm. J. Davis' ftrm to the top of War
Kidge; thence along on the top ot said ridge eastwardly
to John Curry's east corner on said ridge; and thence
north vv'irdly and eastwardly with said Curry's line to the
Hancock and Hawkins line; and all the parts of farms,
of Wm. J. Davis, Robt. D. Gre^n, Wm. D. Trent, and
John Curry, lying on the north uiul avp t of this line be^
included in and constitute a portion ol Hancock county^
the written assent of the parties by petition having l>eeu.
made to this General Assembly.
Sec. 2. Be it further enacted, That this act lake-
effect from and after itis passage^ the public welfare re-
quiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the JBouse of Representatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JA8. D. PORTER,
Oovemor^
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CHAPTER CXLI.
AN AC5T to attach White county to the Sixth Judicial Circuit.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the county of White be de-
tached from the Fifth and attached to the Sixth Judicial
Circuit.
Sec. 2. Be it further enoMed, That the Circuit Courts
of said county shall be held in the court house at Sparta ^eu1t*Courte
on the 4th Mondays in January, May and September.
Sec. 3. Be it further enacted, That the Circuit Courts
of Warren county shall commence on the 2d Mondays of J*^?n®J5*^
February, June and October.
Sec. 4. Be it further enacted, That all bonds and re-
cognizances, and all process, civil and criminal, made B^nds, reoogn-
returnable to the Circuit Courts of said counties, as now i»anoea. etc.
provided by law, shall be made returnable to the cor-
responding terms of said courts as provided by this Act,
and be as valid and binding as if made returnable to said
term in the first instance.
Sec. 5. Be it further enacted, That the Judge of the Judge and
Sixth Judicial Circuit shall hold the Circuit Courts of ^" ^ ^*''*
White county, and the Attorney General of the Sixth
Circuit shall act as Attorney General for said county of
White.
Sec. 6. Be it further enacted. That this Act shall take
effect from and after its passage, the public welfare re-
quiring it, and shall continue in force until the first day
of May, 1878, when it shall cease to be of any effect, and
the said county of White shall revert to the Fifth Judi-
cial Circuit, and its Circuit Courts be held by the Judge
of the Fifth Circuit, and the Attorney General of said
Circuit shall act as Attorney General of said county,
and the Circuit Courts of said counties of White and
Warren shall be thereafter held as now provided by law.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the H0U86 of Bqtreaeniaiitm,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS, D. PORTER,
Oovemor^
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CHAPTER CXLII.
AN ACT to amend section 2108a of the Code, and t« increase the ex-
emption in the hands of heads of families.
Section 1. Be it enacted by the General Assembly of
the State of TennesseCy That section 2108a of the Code be
and the same is so amended that hereafter in addition to
the articles therein enumerated there shall be further ex-
empt from execution, seizure, or attachment in the hands
of the heads of families, one hundred gallons of sorghum
molasses, five bee hives and the products of the same,
one hundred pounds of soap, fifty pounds of lard, one
hundred pounds of ^our, fifty pounds of salt, one hun-
dred pounds of beef or mutton, one pound of black pep-
per, one pound of spice, one pound of ginger, twenty
pounds of coffee, fifty pounds of sugar, three bushels of
meal, one bushel of dried beans, one bushel of dried peas,
fifty bushels of Irish potatoes, fifty bushels of sweet po-
tatoes (provided they be kept for family use and not for
sale or merchandise), ten bushels of turnips, one pair of
andiroDB, one clock, all the canned fruits put up for the
use of the family, not to exceed twenty dollars in value,
and twenty bushels of peanuts, three strings of red pep-
per and two gourds, two punger gourds, a carpet in ac-
tual use by the family, not exceeding in value twenty-five
dollars.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresenJUxtivei, *
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER CXLIII.
AN ACT to repeal the Act establishing a Criminal Court in the coun-
ties of Williamson, Maury, Giles and Marshall.
Section 1. Be it enacted by the Generai Assembly of
ike State of Tennessee, That the Act approved December
14, 1871, Chapter 72, entitled an Act to establish aAet of im r*-
Oriminal Court. in the counties of Williamson, Maury, p***®*^*
Oiles and Marshall, be and the same is hereby repealed,
this Act to take effect in the respective counties at the
times hereinafter mentioned.
Sec. 2. Be it further enacted. That this Act shall take
effect on the first day of September, 1878, and thereafter
all continuances in the Criminal Courts of said counties
shall be to the term of the Circuit Court next thereafter JJj^^^^^jJj^^^
in the county where said continuance may be had, and continuaneee.
all recognizances taken in said Criminal Court shall in
like manner be taken for appearance in said Circuit
Court.
Sec. 3. Be %t further enacted, That after the 1st day of
powers.
September, 1878, all the jurisdiction and powers now aSS'powwa"
vested in said Criminal Courts of said counties shall vest
in the Circuit Courts of said counties.
Sec. 4. Be it further enacted. That the minutes, dock-
ets, and records of said Criminal Court shall be contin-
ued and used in the Circuit Court, and the same shall be Dockets,
kept separate from the civil business of said court, so5on«Dued?a
.that the criminal proceedings of said court shall be kept ^****^^^* ^*^'*''*-
in one set of books, and the proceeding in civil cases in
another.
Sec. 5. Be it further enacted, That in the counties of
"Williamson, Maury, and Giles, the second Monday of criminal do«k«
each term of the Circuit Court shall be the day of taking eta. tame of
up the criminal docket, and the same shall be continued ** ^* "***
until disposed of, and then the civil docket resumed and
continued until disposed of ; and in the county of Mar-
shall the first Thursday of the term shall be the Criminal
Court day, and the business shall be taken up and con-
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tinued until disposed of^ and then the civil business shall
again be taken up and continued until disposed of.
Passed March 22, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House </ BqtreaenUOwes,
HUGH M. McADOO,
Speaker of the Senate^
Approved March 26, 1877.
JAS. D. PORTER,
Oovernor^
CHAPTER CXLIV.
AN ACT to repeal section 25 of Chapter 67 of an act passed March 9^
1867, entitled an Act to incorporate the Dandridge Bailroad Com-
pany, and for other purposes.
Section 1. Be it enacted by the General Assembly of
the Stoic of Tennesseey That section 25 of Chapter 67 of an
act passed March 9, 1867, and entitled an. Act to incor-
porate the Dandridge Railroad Company, and for other
purposes, be and the same is hereby repealed.
Sec. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House (f EepreserUojlwes.
HUGH M. McADOO,
Speaker of theSenaU.
Approved March 26, 1877.
JAS, D. PORTER,
Qovem&r,
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CHAPTER CXLV.
AN ACT to protect game and fisheries on Beelfoot Lake, in Obion and
Lake counties.
Section 1. Be it enacted by the General Assembly of
the Slate of Tennessee^ That it shall Dot be lawful for any
person other than citizens of Obion and Lake counties j,.gj^.jj^^^p^
to hunt^ fish, or kill fowls on Reelfoot Lake for profit; tor profit.
Provided, that all citizens of the State of Tennessee be
allowed to hunt, fish, or kill fowls upon said lake for
their own use.
Sec. 2. Be it further enacted. That all persons violating
the first section shall be subject to a forfeiture of fifty
dollars for the first offense, and one hundred dollars for
each subsequent offense, to be recovered before any Jus-
tice of the Peace in Obion and Lake counties, in the „ ^ .,
« , /« ^1 1 ir Forfeitures,
name ot any persons who may sue tor the same, one-nali how recovered
to pay to the County Trustee and the other half to the
party suing therefor, and that the Justice of the Peace
shall have power to commit the offender until the forfeit- *
are and costs are secured.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of ike House of Bepresmtalives.
HUGH M. McADOO,
Speaker of the Senais,
Approved March 26, 1877.
JAS. D. PORTER,
Ocvemor.
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CHAPTER CXLVI.
AV ACT to increase the salary of the CSountj Judge of Jackson.
Section 1, Be it enacted by the General Assembly of
the State of Tennessee^ That section 4 of an Act passed
24lh March, 1875, entitled "An Act to amend section 316
of the Code, providing for the election of County Judges,'*
be so amended as to increase the salary of the County
Judge of Jackson county from three hundred dollars
per annum to five hundred dollars per annum.
Sec. 2. Be it further enacted, That this Act take effed
from and after the next election for County Judge of
Jackson county.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the Houae of BepfeaeiUaHoes^
HUGH M. McADOO,
Speaker ef the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oavemor,
CHAPTER CXLVII.
AN ACT to authorize an election in McNairy county to remove the
county seat.
Section 1. Be it enacted by the General Assembly of
Election Aug. ^^^ State of Tennessee, That an election is hereby author-
i.vsn. ized to be held at the various voting places in McNairy
county, on the Ist day of August, 1877, for the purpose
of allowing the citizens of said county to vote upon the
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question of the removal of the seat of justice from the
town of Purdy to either Bethel or Falcon, on the Mobile
and Ohio Railroad.
Sec. 2. Be it Juriher evuicted^ That it shall be the gheriif to ad-
duty of the Sheriff of said county to advertise not lessveriUe.
than forty days, and open and hold said election in the
same manner, that other elections are held under the gen-
eral election laws of the State.
Sec. 3. Be it further enacted, That all the legally qual-
ified voters of said county are hereby authorized to vote
in said election, by ballot, either for or against said re- balloted" "**.
moval. Those voting for said removal shall have writ-
ten or printed on their ballots, " Removal." Those
voting against said removal shall have written or printed
on their ballots, "No removal."
Sec. 4. Be itfwrther enacted, That the clerks and judges
of said election at each voting place in ^aid county, shall
make and certify triplicate copies of the votes or ballots .
cast at said election, and return copy to the Sheriff, oi^ turns* *of the
to the Chairman of the County Court, and one to remain ®*®*^**®'*-
with said clerks and judges; the returns made to the
Sheriff shall be counted and compiled by the clerks and
judges of election at Purdy, and a copy of the result
certified to the Chairman of the County Court, the origi-
nal to remain in the hands of the Sheriff.
Sec. 5. Be it further enoMedj That at the next Quar-
terly Court of said county after said election, the returns Counting and
made out and certified to the Chairman of said Court J^^^f'^'^* "■
shall be counted by the Justices thereof, and the result
compared with the certified result of the count made by
the clerks and judges of the election at Purdy, and the
Chairman shall then and there declare the final result.
Sec. 6. Be it further enacted. That if at said election
the number of votes cast and counted for the removal of
said seat of justice to said Railroad shall be equal to two-
thirds of the whole number of votes cast and counted for
Governor, then and in that event it shall be the duty of
said Court to order an election to be held in not less than Election to
forty days, to determine whether said seat shall be located cati^^/'** ^
mt Bethel or Falcon, and those voting in said election for
Bethel, shall have written or printed on the face of their
ballots, "Bethel," and those voting for Falcon, shall
have written or printed on the face of their ballots,
"Falcon," and the clerks and judges of said election
shall make their returns to the Chairman of said Court,
and the» same shall be counted by the Justices of said
Court, and the result declared by the Chairman, and the
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place receiving the highest number of votes shall be the
county seat.
Sec. 7. Be it further enacted, That when the new seat
of justice shall be selected and located as herein provided,
then and in that case the county seat of McNairy county
Hhall be removed from Purdy to said designated place or
tjoun?y^*eat '^^^*'^^°> *^^ ^^^ County Court of Said county is hereby
And sale of authorized to sell the public buildins^s at Purdy, and pro-
inga. vide the necessary pubhc buildings at the new seat:
Provided, that the public buildings at the new' seat shall
not cost the county more than the proceeds of the sale
of the public buildings at Purdy : And provided further,
that the public buildings at the new seat shall not cost
less than eight thousand dollars.
Sec. 8. Be it further enacted, That if said county seat
shall be removed, as herein provided for, then, and in
that event, all the records of the various Courts and
county offices at Purdy shall be removed to the new
county seat, and stand and be in the same plight and con-
Obiigationg, ditiou as before their removal, and all obligations, bonds,
5^g^****°^^'^^' recognizance and process previously issued and executed
shall have the same force and effect at the new county
seat as though it had remained at Purdy.
Sec. 9. Se it further enacted, That this Act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH N. McADOO,
Speaker of the Senaie,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor^
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CHAPTER CXLVIII.
AN ACT to attach the lands of Benben Whitson, W. W. Pippin, W.
C. Bector, that now lie in Jackson county, to the county of Putnam.
Section 1. Be it enaxsted by the Oeneral Assembly oj
the State of Tennessee, That the lands of W. W. Pippin,
Reuben Whitson and W. C. Rector, that now lie in
Jackson county, Tennessee, be attached to the county of
Putnam, and to include the same, that the line of said
tsounties be changed as follows : beginning on said county
line, where the line of the lands of said W. W.
Pippin, crosses said county line, and running northward-
ly with his line to where the same intersects the line of
Reuben Whitson, and then with the line of his lands to
where the same intersects the line of the lands of W. C.
Rector, and with his line to where the same crosses said
^county line.
Sec. 2. Be it further maetedy That this Act shall not
be so construed as to release the taxes on said lands de-
Bcribed in the first section of this Act, from being ac-
counted for by the county of Putnam to the county of
Jackson until the present liabilities of said Jackson
<5ounty are discharged.
Sec. 3. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the House of JReprewntcUi'ves*
HUGH M. McADOO,
Speaker (^ ike SenaU.
Approved March 26, 1877.
JAS. D. PORTER,
Qocerftor.
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CHAPTEK CXLIX.
AN ACT to change the lines between the counties of Hawkins and
Grainger.
Section 1. Be it enacted by the OenercU Assembly
of the 8ta.te of Tennessee, That the line between the coun-
ties of Hawkins and Grainger be so changed as to de-
tach the farm of Anderson Mullens from Hawkins
county and attach the same to Grainger county.
Sec. 2. Be it farther enaded, That this Act take effect
from and after its passage, the public welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speahe)' of the Hcyuse of Representatives.
HUGH .M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Governor.
CHAPTER CL.
AN ACT to amend subsection 11 of section 454 of the Code of Ten-
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That subsection eleven (11) of
section 454 of the Code of Tennessee be amended so as
to read ; " To demand and toUect the same tax that is
HOW collected by Clerks on deeds, on all deeds sent to
him from other counties, States or Territories of the
Union, or foreign countries, for registration, and pay the
8ame to the Clerk of the County Court.
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Sec. 2. Be it further enacted. That this Act take
effect from and after its passage^ the public welfare re-
qairing it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate, ,
EDWIN T. TALIAFERRO,
Speaker cf the House of EepreaerUativei,
Armroved March 26, 1877.
JAS. D. PORTER,
Governor.
CHAPTER CLI.
AN ACT to change the time of holding the Chancery Court of Sulli-
van County.
SEcrnoN 1. Be it enacted by the General Assembly of
the State of Tennessee^ That hereafter the Chancery Court
of Sullivan county shall be held on the second Mondays
in June and December instead of the third Mondays in
May and November, the time fixed by Jaw.
Sec. 2. And the public welfare requiring it, this Act
shall take effect from and after its passage.
Passed March ,23 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Souse, of JRepresentatives.
Approved March 26 1877.
JAS. D. PORTER,
Governor.
12
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CHAPTER CLII.
AN ACT to amend the charter of the town of Franklin, in the county
of Williamson, State of Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee^ That the aot of the Legislature of
the 9th of October, 1815, incorporating the inhabitants
of the town of Franklin, county of Williamson, State of
Tennessee, section 6 be so amended as to read : The town
shall be laid oflF by the present Board of Mayor and Al-
dermen into three wards, and at the next regular election
the Mayor shall be elected by the people directly, and
the person receiving the highest number of votes shall
be the Mayor, he being qualified according to law ; and
that two Aldermen shall be elected to serve in each
ward, the two receiving the highest number of votes,
they being qualified according to existing laws, shall
serve as Aldermen for the ensuing year; and that thi«
act take effect from its passage, the public welfare requi-
ring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER CLIII.
AN ACT to amend section 8 of an act incorporating the town of Bart-
lett, approved December 13, 186&.
Section 1. J3e it enacted by the General Assembly of
the State of Tennessee, That section 8 of an act incorpo-
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Tating the town of Bartlett, approved December 13,
1866, be amended so as to read: The corporate limits of
said town of Bartlett shall begin at the east end of the
bridge over Bartlett's spring branch, in the center of the
Memphis and Somerville road; thence south to the south
-«ide of Ferguson avenue ; thence east with said avenue
to the intersection of Hurricane creek ; thence north and
northeast with the west bank, with the meanderings of
said creek, crossing the Memphis and Somerville road
-and the Memphis and Louisville railroad, to the inter*
section of North street; thence west with said street t5
the Bartlett spring branch; thence south with said
branch to the beginning. This act to take effect from
«nd after its passage.
Passed February 22, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of B^egentativet.
Approved March 26, 1877. ' -
JAS. D. PORTER,
Oovemor,
CHAPTER CLIV.
AN ACT to provide for the increase and dimination of the powers of
municipal corporations having a population of not lees than twenty
. thousand nor more than fifty thousand inhabitants, passed March
22,1876. . .
Section 1. Be U enacted by the Qeneral Assembly of
the Slate of Tennessee^ That section 12 of an act entitled
An Act to provide for the increase and dimination of
the powers of municipal corporations having a popula-
tion of not less than twenty thousand nor more than Power to make
fifty thousand inhabitants, passed March 22, 1875, bewatk?''in*'?ol!
•and is hereby amended so as to confer the power to makef^gj*^**^ ^
and keep in repair sidewalks on municipsd corporations
having a population of not less than five thousand nor
more than fifty thousand inhabitants.
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Sec. 2. JBe it further enacted. That it shall not he-
lawful for any municipal corporation to levy or collect
^^ ^^y taxes on any lot of land containing two or more acres
•waiwf. lying within the limits of said corporation, and used ex-
clusively for agricultural purposes, except to the «ame
extent as lands of the same grade are assessed and taxed
in the county, and not as lots of ground in the corpora-
tion.
Sec. 3. Be it further enacted, That this act shall take
eflfect from and after its passage, the public welfare re-
quiring it.
Passed March 19, 1877.
HUGH M. McADOO,
Speaker of the Senaie.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatives.
Approved March 26, 1877.
JAS. D. PORTER,
Governor^
CHAPTER CLV.
AN ACT to change the line hetween the counties of Giles and Law*
pence.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the lines between the countiea
of Giles and Lawrence be so changed as to include within
the boundaries of the fourth civil district of Lawrence
county the lands now situated in the eigteenth civil dis-
trict of Giles county, of James Harwell, Thomas M,.
Kelly, Catharine Hughes, Elvira Scott and John M.
Berry, and also a one hundred acre tract of land belong-
ing to A. J. Hannah, lying between the lands of the
said James Harwell and Thomas M. Kelly; Provided,
that the line thus designated is not nearer than eleven
miles to the court-house of Giles county.
Sec. 2. Be it further enacted. That this act take
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-effect from and after its passage, the public welfare re-
•quiring it.
Passed March 24, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Si/use of JRepresentatives,
Approved March 26, 1877.
JAS. D. PORTER,
Oo^emor.
CHAPTER CLVL
-AN ACT to change the boundary line between the counties of Ruther-
ford ana Williamson.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the east boundary line of Wil-
liamson county be so changed as to include in William-
son county the following lands, which are now in Ruth-
•erford county, viz : Beginning at the northeast corner of
the land of W. T. Wood ; thence between the land of
Wood and John Haley and J. B. Critchlow, leaving in
Williamson county the lands of Wood now in Ruther-
ford; thence between lands of K. P. Barrett and J. B.
Critchlow, leaving in Williamson county the lands of
Barrett now in Rutherford; thence between the lands of
fi. L. Covington and J. B. Critchlow, leaving in Wil-
liamson the lands of Covington now in Rutherford ;
thence between the lands of heirs of N. McCord's toll-
gate lot and land of J. M. Haley, along present line to
Big Harpeth river ; thence up said river to the line be-
tween the lands of M. A. Campbell and J. C. Anderson,
leaving Anderson's lands in Williamson .county ; thence
between Ai^derson, heirs of I. Belenfont, W. D. Patton,
and J. P. Allison, of Williamson, and Zaney, W.
"C. Jordan, Joseph Jones, of Rutherford, to Mrs. M. W.
Jordan's northeast corner; thence between Mrs. M. W.
•Jordan and Chesly Williams and William McMeeken,
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leaving lands of Mrs. Jordan in Williamson^ and landa
of C. Williams and William McMeeken in the county of"
Butherford.
Sec. 2. Be it further enaetedj That this act take
effect from and after its passage^ the public welfare re-
quiring it.
Passed March 24, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Sbtiae of JRepreaentatives.
Approved March 26, 1877.
JA8. D. PORTER,
Chvemor.
CHAPTER CLVII.
AN ACT to change and establish the line between the counties or
Wayne and Lawrence.
Section 1. Be it enacted by the General Assembly of'
the State of TennJessee, That the county line between the -
counties of Wayne and Lawrence be so changed as to
run as follows : Beginning at a point where tne Law-
renceburg. Way land Springs and Florence road crosses
the line between said counties of Wayne and Lawrence,
thence in a, southwesterly direction with the center of
said road to the north boundary line of the State of Ala-
bama, so as to include within the limits of said county
of Lawrence all the territory south and east of said road-
lying in the State of Tennessee.
Sec. 2. Be it further enacted^ That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO, *
Speaker (^ the Houae of Bepresentatvim,.
Approved March 26, 1877.
J AS. D. PORTER,
Chvemor..
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CHAPTER CLVIII.
AN ACT allowiDg to the owners of turDpikes further time to complete
the repairs required of them as purchasers under an act entitled
'* An Act to sell the State's interest in turnpikes and plank roads,
and to carry into effect the act of March 12, I860, and to increase
the revenue of the State."
Sectiok 1. Be it enacted by the General Assembly of
the Staie of Tennessee, That any person or persons pur-
chasing any turnpike or plank road, or accepting the
Staters relinquishment of interest in the same, under and
by virtue of an act passed March 21, 1873, entitled "An
Act to sell the State's interest in turnpikes and plank
roads, and to carry into effect the act of March 12, 1860,
and to increase the revenue of the State,*' are allowed
two years in addition to the three years specified in the
second section of said act, to complete the repairs of any
road so purchased by him or them.
Sec. 2. Be it further enacted. That this act take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 24, 1877.
HUGH M. McADOO,
Speaker of the Smote.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentativesi
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER CLIX.
AN ACT to apportion the rent in case of death of tenant for life, and
to enable personal representatives pf latter to sue.
Section 1. Be it enacted by the General Asse/mbly of
the State of Tennessee, That hereafter, where a tenant for
life of real estate shall create a lease out of his said
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estate for one or more years^ and shall die before the ex-
piration of said lease; and before the term fixed for the
payment of the rent, the rent may be apportioned, and
the executor or administrator of said tenant for lite may
recover of the lessee pro rata according to the contract
and for the time said lessee had the use of the property
until the death of said tenant for life.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAPERRO,
V Speaker (^ the House of Bepresentatiioes.
Approved March 26, 1877.
JAS. D. PORTER,
Qovemor,
CHAPTER CLX.
AN ACT to regulate medical attendance upon all prisoners confined
ii) jail.
Section 1. Be it enacted by the General Assembly of
County OovatBthe State of Tennessee, That hereafter the county courts of
meli?id atten- ^^^^ State shall alone have the power, and it shall be
danee their duty, to provide medical attendance upon all pris-
oners confined in jailin their respective counties; and
the county courts shall allow the county jail physician
such compensation, to be paid by their respective coun-
ties, as may be agreed upon between the several counties
and the attending jail physicians.
Sec. 2. Be it further enacted, That all laws and parts
of laws in conflict with this act be and are hereby re-
Aotnai con-P®^'®^^ Provided, that nothing in this act shall not be
traotanot construed as impairing or changing any existing contract
*^'***^^' with physicians of county jails. And that this act shall
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take effect from and afler its passage^ the public welfare
requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Howe of BepreaenUUiveB,
HUGH M. McADOO,
Speaker of ike SmaU.
Approved March 26, 1877.
JA8. D. PORTER,
Gcwcmor.
CHAPTER CLXI.
AN ACT to repeal an Act passed March 24th, 1875, entitled "An
Act to authorize the Chancellor of the third Chancery Division
to hold the Circuit Court for Hamilton County.
Section \, Be it enacted by the General Assembly of
the State of Tennessee, That an* Act passed 24th March, j^^^ ^, 4^
1875, entitled "An Act to authorize the Chancellor o^ h?id Hamiit<m
the third Chancery Division to hold the Circuit Court of cironit Court.
Hamilton county/^ be and the same is hereby repealed.
Sec 2. Be it further enacted. That the Circuit Court
for Hamilton county shall be held by the Judge of the
fourth Judicial Circuit, at the timies prescribed by the
laws in force prior to the passage of said Act of March
24, 1875.
Sec. 3. Be it further enacted. That this Act shall take
effect from and after the first day of June, 1877, the pub-
lic welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentatioee.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,
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• CHAPTER CLXII.
•
AN ACT to amend an Act entitled "An Act for the preservation
and protection of Game in the Counties of Montgomery, Bobert-
8on, Davidson and Maury."
Section 1. Be it enacted by thv General Assembly of
the State of Tennessee, That an Act passed March 22, 1873,
and approved March 24, ] 873, entitled "An Act for the
preservation and protection of game in the counties of
Montgomery, Robertson, Davidson and Maury ,*^ be so
amended as to include the county of Lincoln within the
provisions of said Act.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentaHiiei,
HUGH M. McADOO,
Speaker of theSenaU,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
CHAPTER CLXIII.
AN ACT to change the County Line between th6 Counties of Mon-
roe and Loudon.
Section 1. Be it enxusted by the General Assembly of
the State of Tennessee, That the line between the counties
of Monroe and Loudon be changed so as to include in
Monroe county all the lands of W. J. Fowler.
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Sec. 2. Be it further encusted, That this Aot take effect
from and after its passage, the public welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,,
Speaker of the House of HqpreserUaiives.
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Oovenwr^
CHAPTER CLXIV.
AN ACT to amend the 44th Section of an Act entitled "An Act to
incorporate the Memphis Real Estate Association, and for other
parposes,'' passed February 24, 1870.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the 44th section of an Act
passed February 24th, 1870, entitled "An Act to incor-
porate the Memphis Real Estate Association, and for
other purposes,^^ be so amended as to exclude from the
boundary of the town of Jasper all that part of the " In-
dian or Elizabeth Park Reservation,^^ which lies south
and west of Town Creek.
Sec. 2. Be it further enacted, That this Act shall take
effect from and after its passage and approval, the public
welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentatweB,
HUGH M. McADOO,
Speaker of the Senate,
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor.
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CHAPTER CLXV.
AN ACT to change the line between the Counties of WillianuMm
and Marshall.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee^ That the line between the counties
of Williamson and Marshall be changed so as to include
within the 22d district of Williamson county the dwell-
ing and all out houses of W. O.^ Smithson and N, J.
Wood, and the tracts of land on which the same is lo-
cated, and fifty acres of land belonging to the home
track of G. R. Tucker, which is cut oflF by the county
line to Marshall county.
Sec. 2. Be it further enacted. That this act take eflFect
from and after its passage, the public welfare requiring it.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House <f BepresenUjUwes, .
HUGH M. McADOO,
Sfpeakerof the SenoOe.
Approved March 26, 1877.
JA8. D. PORTER,
Oovemar.
CHAPTER CLXVI.
AN ACT providing that the Judge of the 10th Judicial Circuit shall
hold the Circuit Courts of Sumner -and Houston Counties.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Judge of the Circuit
Court for the 10th Judicial Circuit, shall hold the Circuit
Court of Sumner county, the same as he did before the
Act authorizing the Judge of the Law Court of Nashville
to hold said Court.
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Sec. 2. Be it further enaeted. That the Circuit Judge
of the 10th Judicial Circuit shall hereafter hold the Cir-
cuit Courts of the county of Houston^ and that this Act
take effect from and after its passage^ the public wel&re
requiring it.
Passed March 20, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the Howe of BepreserUoHiei,
HUGH M. McADOO,
Speaker of the Senaie»
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor»
CHAPTER CLXVII.
AN ACT to extend the corporate limits of the Town of Gainesboro^
in Jackson County.
Section 1, Be it enacted by the General Assembly of
the State of Tennesaeey That the corporate limits of tkie
town of Gainesboro be so extended as to include as much
of the lands of William G. Cox, Elijah Stamps and James
Stamps, as lies between the south boundary line of the
town of Gainesboro and Gibson^s branch ; also the ma-
sonic property adjoining and on the north boundary line
of the town of Gainesboro.
^ Sec. 2. Be it further enacted, That this Act take effect
from and after its passage.
Passed March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houae of Bepreaentalives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemor,
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CHAPTER CLXVIII.
AN ACT to change the Ciounty Line between Butherford and
Williamson.
Section 1. Be it enacted by the General Assembly oj
the Stale of Tennessee, That the line between the counties
of Rutherford and Williamson be changed as follows :
Beginning where the Rutherford and Williamson county
line intersects the road from Windrow^s Church to near
the forks of the Unionville, Nolensville and Farmington
pike ; thence west with said road to Henry H. Pate's
south-west corner ; thence north with the west! boundary
line of Henry H. Pate and Henry C. Allen to the road
from Murfreesboro to Thomas Redman's on the Union-
ville and Nolensville pike ; thence west with said road
to J. B.Jordan's south-west corner; thence north with
said Jordan's west boundary line to the road from Cole-
man Jordan's to Triune; thence east with said road to
the original county line between Rutherford and Wilt
iamson.
Sec. 2. Be it further enacted, That this Act take efiect
from and after its passage, the public welfare requiring it.
Passed March 23, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepreaentativei,
HUGH M. McADOO,
Sjpeakerof Ut$Senai€.
Approved March 26, 1877.
JAS. D, PORTER,
CnMWIMf*
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CHAPTER CLXIX.
AN ACT to repeal Section 23 of Chapter 59 of the Private Acts of
1869-70, entitled "An Act to incorporate the town of ^faynards-
ville, and for other purposes," passed February 17, 1870, and to
repesil the charter and abolish the incorporation of the town of
Loudon, Tennessee.
Section 1. Be it enacted by the General Assembly of
the State of Tennesseey That section 23 of chapter 59 of the
Private Acts of 1869-70, entitled "An Act to incorporate
the town of Maynardsville, and for other purposes/'
passed February 17, 1870, and all other Acts conferring
corporate powers on the town of Loudon, in Tennessee,
be, and the same are hereby repealed.
Sec. 2. Be it further enactedy That the charter of the
town of Loudon, Tennessee, be, and the same is hereby
repealed, and the incorporation of said town abolished.
Sec. 3. Be it further enacted^ That the Mayor and other
officers of said town shall, within thirty days after the
passage of this Act, deposit all books, records and papers
belonging to their respective offices, wilh the Clerk of the
County Court of said county for safe keeping, and said
Clerk shall keep said books, records and papers as other
county records are kept.
Sec. 4. Be it further enactedy That this act shall take
effect from and after its passage, the public welfare re-
quiring it.
Passed March 23, 1877.
HUGH M. McADOO,
Speaker ^ Iht Senaiu
EDWIN T. TALIAFERRa
Speaker cf ^ Hovm o^ ISepreMntativn.
Approved March 26, 1877.
JAS. D. PORTER,
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CHAPTER CLXX.
Board of In-
speotors.
Lease
Miaimam.
AN ACrr to provide for the lease and management of the Penitentiary.
SEcmoN 1. Be it enacted by the General Assembly of
the State of Tennessee, That the Secretary of State, Treas-
urer, and Comptroller are hereby appointed a Board of
Inspectors of the Penitentiary of the State of Tennessee.
Sec. 2. Be it further enacted, That it shall be the duty
of the Governor, who shall call to his assistance the Board
of Inspectors as above constituted, to lease the peniten-
tiary and labor of all the convicts that may then or here-
after be confined, with the penitentiary buildings, quarry^
grounds, fixtures, machinery, tools, engines, patterns, etc.^
for the term of six years from the first day of August,
1877. But no lease shall be made in which the hire and
rental secured shall be less than the sum of $50,000 clear
of all expenses on any account to the State, per annum,,
and save the State from all expense incident to the main-
tenance thereof.
Sec. 3. Be it further enacted, That such lease shall pro-
vide that the lessee or lessees shall treat the convicts with
humanity, conforming t:o such by-laws and regulations as
may be established by said Board of Inspectors; that
Tre»tment.and*^® State shalL havc the right to classify the prisoners
•^J^*^®***®'^ of into such classes as the Superintendent and Board of In-
spectors may deem best, considering the nature of the
crime, age, moral and physical condition of the convicts;
and said officers may adopt just and proper rules in rela-
tion to such convicts, for their improvement and reforma-
tion in morals and religion, but such regulations shall
not interfere with the safe keeping of said convicts that
are to be governed, controlled, and disciplined by the
Warden and Assistant Warden ; and the guards shall be
appointed and discharged by the State Superintendent,
and 'in his absence the Warden may appoint or discharge
guards, subject to his approval. The Warden shall be
charged with the duty now imposed upon him by law,
and the provisions of this Act, of treating tlie prisoners
with humanity and kindness, and protecting them from
harsh and cruel treatment and overwork, and of exact-
ing from them the performance of the service and labor
to which they are bound by the provisions of this Act,
the number of guards to be regulated by the Superin-
Gaardfi .
Duties of the
Warden.
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tendent, Warden, and Inspectors, and in every case shall
be sufficient to insure the safe keeping of the prisoners
and convicts. And the works of said convicts shall not Hour? of labor
exceed nine hours each day; Sundays excepted, from the
15th of November to the 15th of March, and ten and
one-half (lOi) hours each day from the 16th of March
to the 15th of November of each year of any lease or
leases that may be made under the provisions of this Act;
Provided, that the convicts shall not be worked on Sunday.
Sec. 4. Be it further enacted, That said lease shall pro-
vide that said lessee or lessees shall have no claim for
damages or deductions against the State because of the
exercise of the pardoning power of thtg Governor, or by No damages to
reason of any change in the criminal laws of the State, pardoll^.
ijor for escapes, sickness, or loss of prisoners, fire, or for •
any other casualty whatever.
Sec. 5. Be it further enactedy That all the walls, build-
ings, and permanent erections of every kind, in or about
the prison, belonging thereto, are to be kept and main- Prison buiid-
tained as a State prison in the condition in which they l^^jf^^^J^^® *^^p*^
now are, and in repair at least equal to that in which
they are delivered, at the expense of the lessee or lessees,
and to be redelivered in that condition, and that the State
shall not be liable to replace any part thereof which may
be destroyed by fire or casualty, and that the lessee or
lessees shall not be liable for any such loss of buildings
or permanent machinery. without blame on their part,
but that no loss by fire or other casualty shall release the
lessee or lessees from the payment of any part of the hire Loss by fixe.
or rental by them to be paid; but in case of the destruc-
tion of shops, buildings or machinery, the Board of In-
spectors may have others erected, or the lessee or lessees
be allowed to remove the convicts from the .main to the
branch prisons, and work them there.
Sec. 6. Be it further enacted, That prior to the expira-
tion of the present lease, it shall be the duty of the Su-
perintendent and Board of Inspectors (who may employ j^^^jj^.^.^g ^^
a skilled mechanic to assist them) to take inventories and the property,
descriptive schedules, with condition and value attached,
of the property, engines, machinery, fixtures, tackle,
hands, tools, implements, patterns, etc., furniture, desks,
scales, elevators, and all other property belonging to the
penitentiary, a copy of which shall be filed with the Sec-
retary of State ; and the same articles of like description
and value in as good condition and repair as when turned
over by the State, under any lease or leases that may be
made under the provisions of this Act to said lessee or
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Rewards.
Where eon-
Tiots shall
work.
lessees, shall be by them redelivered to the State at the
expiration of the lease.
Sec. 7. Be it further enacted^ That all prison expenses
of every kind now by law or under the provisions of this
aiux*en8es'*^ Act, chargeable upon the prison, shall be paid by the
lessee or lessees, excepting only the salaries of the Su-
perintendent, Warden, Assistant Warden, Surgeon and
Chaplain, and the said lessee or lessees shall furnish all
the supplies, food, clothing, tobacco, medical supplies^
and all other outlays as now required by law or by the
provisions of this Act, for the prisoners, promptly on the
requisition of the Superintendent, Warden, or Assistant
Warden.
Sec. 8. Be it further enacted, That said lessee or lessees
shall, on the escape of any prisoner, be liable; to pay sucli
reward as the Governor may offer, not to exceed twenty-
five dollars for each, and all of the expenses otherwise
incurred (including advertising) in the capture and de-
livery of such prisoners to the prison or its officers.
Sec. 9. Be it Jurther enacted, That the lessee or lessees
will be permitted to work the convicts at any place in the
State of Tennessee, subject to the rules and regulations
provided in this Act, and otherwise provided for by law,
and they shall have full control of the place, character
and kind of work or labor in which the convicts shall be
employed. But if the convicts are to' be employed in
any new species of labor other than such as has been
heretofore done by them, the same shall be subject to
restrictions by the General Assembly of the State of Ten-
nessee; Provided, it is found to be prejudicial to the
public property or the good of the convicts ; Provided,
that not less than fifty convicts shall be worked at any
one place, unless in a coal or ore mine.
Sec. 10. Be it further enacted. That the lessee or lessees,
at their own expense, shall provide necessary privies for
each and every prison where convicts are confined, and
shall keep the same deodorized and disinfected by dry
earth or otherwise, and remove all excrements once every
week in a manner that shall not be injurious to the sani-
tary condition of the neighborhood in which said prison
is situated.
Sec. 11. Be it further enacted, That said lessee or lessees
Bond of lessees shall givc bond, with approved security, that he or they
will faithfully pay into the State treasury, in United
States currency, quarterly, the price agreed upon for said
labor and the rental of said penitentiary, and to per-
form all the requirements imposed by the provisions
PriTiee.
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•of the lease herein provided for, and should said
lessee or lessees fail, neglect, or refuse to make such
payment, or to perform any or all of the duties or obli-
gations required of him or them under his or their said
lease, or should said lessee or lessees, or any agent of his
-or theirs, knowingly and willfully treat the prisoners or
<jonvicts cruelly or inhumanly, and continue so to do after men^^proMb!^
'official notice from the Superintendent or Board of In- »*«d.
specters, then the Governor and Board of Inspectors may
-declare said lease at an end, and re-enter and take pos-
session of said penitentiary and the custody and control
-of the convicts, and the same release as herein provided,
for the unexpired term of the lease prescribed in this
Act, and for any loss or damage the State may sustain
i)ecause of such failure, neglect or refusal on the part of
the lessee or lessees, a recovery may be had on his or
their bond hereinafter required, in any of the courts of
this State having competent jurisdiction.
Sec. 12. Be it further enaoted, That any pending litiga-
tion or suit between the State and lessee or lessees, the
'State shall be entitled to the management and control of
said penitentiary and convicts, any injunction to the con-
trary notwithstanding.
Sec. 13. Be it further enacted. That the police manage-
ment and control of the steam power located in said (., . t ^
penitentiary when leased, shall be under the control of eteam power,
the. Board of Inspectors, Superintendent, and Warden as
fully as if no lease had been made.
Sec. 14. Be it further enacted. That no convicts under
sentence now, or that may be hereatTter sentenced for theRwrnctionsoB
crimes of murder or rape, shall be leased or hired to Jape amimur-
"work outside the prison bounds of the penitentiary, un- ^^^' ,
less by the consent of the Inspectors upon the written
request of the Warden.
Sec. 15. Be it further enacted, That the Superintendent
«hall keep a correct register of the conduct of each con-
vict, to be termed, "The good time account/^ in which ^^«^^j*J||^^^j^y
he shall faithfully record the exact conduct of each con-
'vict, and each convict who shall demean himself up-
rightly shall have deducted from the time for which he
may have been sentenced one month for the first year,
two months for the second year, three months for each
•subsequent year to the tenth, year inclusive, and four
months for each remaining year of the time of imprison-
ment; Provided, That the reduction of time herein pro-
vided for is upon the consideration of continued good
-conduct.
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Sec. 16. Be it further enatted, That any of the powers^
reserved in such lease or vested by law in or to be exer-
Reserred pow- cised by Said Board of Inspectors, or other oflScer or^
•'^»- body, may be exercised by him or them, or their succesi^-
ors in office, or by such other officer or authority as the
General Assembly may at any time during the continu-
ance of said Board vest with said authority.
Sec. 17. Be it further enacted, That the Governor, before^
the lease can be made, shall cause the Secretary of State^
AdTertising to advertise for thirty days in three newspapers, one pub-
tor bids to lease J jgjj^^ in each division of the State, and in one newspa-
per in each of the cities of New York, Louisville, and
New Orleans, for sealed proposals for the taking of said
lease, which proposals shall be filed with the Secretary of
State, and at the expiration of the thirty days by him
opened in the presence of the Governor and Board of'
Inspectors, and the proposal for the payment of the high-
est rental and hire from responsible bidders shall be ac-
cepted, if satisfactory to the Governor and Inspectors.
When bidding "^^^ ^^ ^^^ bidding is not satisfactory to the Governor in
ii not satisfac- the price offered for the labor, or in other respects, he
shall not be bound to accept the same, and may advertise
the second time, and if the result is still unsatisfactory,
then he may proceed by and through the Superintendent
to hire out the labor, making contracts for as long a pe-
riod as possible, not exceeding six years. The Goverpor
and Inspectors shall require of the lessee or lessees a
bond with approved securities, in the sum of not less
Bond of lesseei than one hundred thousand dollars, the form of the bond
and sufficiency of the securities to be determined by the
Governor and Inspectors for a strict obedience of the pro-
visions of this Act, and the Governor and Inspectors
shall (should any necessity arise demanding it) require the
renewal of the said bond, with such additional amount and
securities added as they may determine to be necessary.
Sec. 18. Be it farther enacted. That the Superintendent
shall report to the Governor and Board of Inspectors
biennially the number of escaped convicts, and the par-
eap^ oonyiots ticular facts and circumstances attending the escape of
each convict.
Sec. 19. Be it further enacted, That the officers for the
government of the penitentiary shall be three Inspectors^
one Superintendent, one Warden, one Assistant Warden^
Ofioers. who shall be book keeper and clerk, one physician, one
chaplain, and as many assistant keepers as the Inspectors
may from time to time think necessary.
Sec. 20. Be it further enacted, That the Superintendent,,
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Warden, Assistant Warden, Physician and Chaplain shall Goy»niortoa»
he appointed by the Governor, and said Inspectors shall ^^^^ offiicew.
fix the salaries of the Superintendent, Warden, Assistant
Warden, Surgeon and Chaplain; Provided ^ the salary of
the Superintendent shall not exceed twenty-five hundred
-dollars per annum, that of the Warden shall not exceed
one thousand dollars per annum, that of the Assistant i^*i»"«8.
Warden shall not exceed eight hundred dollars per an-
num, that of the Surgeon shall not exceed one thousand
dollars per annum, and that he should be required to live
within one-half mile of the prison, and that of the Chap-
lain shall not exceed three hundred dollars per annum.
Sec. 21. Be it further enacted, That the Board of In-
spectors, and all other officers employed to control and
manage the penitentiary for the State shall, before enter- q^^^^j^ ^j. j^^,
ingupon the discharge of their respective duties, take the speotora, offi-
prescribed oath in section 5453 of the Code. The Su- e?cf * *'*" ^
perintendent shall execute bond and subscribe to the oath
as provided in section 5559e, sub-section 2, of the sup-
plement to the Code, and that the Warden and guards
shall perform the duties and subscribe to the oath as pro-
vided in sub-section 8 of said section.
Sec. 22. Be it further enacted, That the Board of In-
specters created in the first section of this Act shall per- of^iispSetowf
form all the duties required of those in this Act, also
such other duties as may be prescribed in section 5454
to 5461 inclusive, of the Code, without additional com-
pensation.
Sec. 23. Be it further enacted, That the Superintend-
ent shall devote his time exclusively to the duties of his
-office, as provided in this Act and prescribed by law.
He shall visit all branch prisons, and such other points,
in the State where the prisoners or convicts may be
located by authority of this Act, once in two months, ^Rwtltllil^ill"
and it possible once each month. He shall, while on
such visits, carefully inspect the prisons, rooms and cells,
hospitals, dining rooms; kitchen, etc., and shall see that
^ach be kept in good order, free from dirt and filth ; that
the sanitary condition of the prisons, rooms, cells and
hospitals are such as will promote health. He shall plan
and direct the construction of the prisons, rooms and
-cells, so as to prevent the escape of the prisoners or con-
victs. He shall see that the convicts are provided with
a sufficient supply of bedding for health and comfort,
and shall see that the beds and bed clothing be kept
•<5lean and aired well. He shall require the Warden and ^^
keepers to perform strictly all the duties required of them
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in this Act and by law. He shall require them to see-
that each convict is provided with the following articles;
Rations of^'^ good and wholesome food as eabh day^s rations, vizt
eonricts. an ample supply of bread, three-quarters of a pound of"
bacon^ or one pound of pork, or one and a half pounds^
of beef, and such quantity of coffee, sugar, molasses and>
vegetables as are now provided by law. He shall re-
cieaniinegs. quire the Wardens and keepers to see that the convicts,
keep themselves clean, and change their clothing at least
once each week, and if necessary for health, change-
oftener than once a week.
Sec. 24. Be it further enadedy That the lessee or les-
sees shall, upon the order of the Superintendent, War-
den or keepers, furnish such articles of clothing as are
now provided by law.
Sec. 25. Be it further enaeted. That the physician, in
addition to his duties now prescribed in section 6484 of"
sFcTaiT'''^^*'^' the Coclo, shall, from the 15th of November to the 15th
of March, visit the prison each day at the hour of 7
o^clock A. M., and examine the ]»iiysical condition of the^
convicts, and pass upon their ability ti> labor. If unable
to work, he shall direct that they be returned to ihe.ir-
cells or to the hospital. From the 16th of March lu the
15th of November he shall visit the prison at tho hour-
of 6 J o'clock A. M. each day for the purpose mentioned
above.
Sec. 26. Be it further enacted j That the Warden, As-
tfa .^*'?®°'~8istant Warden and keeper shall be subject to the orders^
and controlled by the Inspectors and Superintendent, as-
provided for by this Act by law, and such rules and reg-
ulations as may be adopted by said Inspectors and Super-
intendent. It shall be the duty of the Warden, Assistant
Warden and keepers, by the direction of the Inspectors-
or Superintendent, to perform all duties required of them.
They shall report all acts of cruelty or inhumanity in-
flicted upon the prisoners or convicts by the lessee or-
lessees, to the Inspectors or Superintendent, who shall
notify the lessee or lessees that the continuance of such,
cruel and inhuman treatment will subject them to a for-
feiture of his or their lease, as provided for in section 11
of this Act.
Sec. 27. Be it further enacted, That the lessee or les-
BjraDch pris- secs shall be required to erect safe, secure and comfort-
•***• able buildings or places of confinement for the safe keep-
ing of all prisoners or convicts that may be removed
from the main prison to any place in the State, as pro-
vided for in this Act, to be put at labor in mines, oa
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railroads^ on farms, or with the consent of the Governor
and Inspectors, any other kind of labor. They shall
also provide hospital rooms or apartments for the
sick; also a competent physician. They shall supply
such medicine as may be necessary or may be required
by the physician for the sick, as provided for in section 7
of this Act.
Sec. 28. Be it further enacted, That any Warden,
Assistant Warden, keeper or guard, by his or their mis-
conduct or negligence, allow, permit, or suffer any pris- Remorai of
oner or convict to escape, or receive from the lessee or J^^^^^j^J^^^mf^^
lessees any gifts, present or rewards, he or they shall be conduct,
discharged at once, and forfeit all salaries or wages that
may be due him or them for his or their services, at the
direction of the Superintendent: Providedy that the
Warden and Assistant Warden of the main prison shall
not be removed without the concurrence of the Gov-
ernor.
Sec. 29, Be it further enacted, That it shall be the
duty of the lessees to receive the convicts at the place of
conviction, and transport them to the State Penitentiary
or one of the branch prisons established by the lessees, tion *oP^new
free of any charge whatever to the State, and if said les- o*^^'*^*'*^.
sees shall fail or refuse, for five days after notification, to
transport such convicts, they shall be transported to the
Staters Penitentiary, as now provided by law, but the
amount actually paid by the State for transporting them,
shall be refunded by the lessees to the State, as well ag
any sum paid by the State in guarding the convicts after
final judgment has been pronounced against them, and
the bond required of the lessees under this Act shall
embrace this liability, and that section 5264 of the Code,
so far as the same is in conflict with this section, be and
the same is hereby repealed , and when the term of ser- Conricts lib-
n t . ^ ^ . , 1,1 .11 1,11 erattd at expi-
vice of the convict expires, he shall not be brought back ration of sen-
to the Penitentiary to be liberated, but shall be set free*®^**®'
at his place of work, and shall be furnished by the les-
sees with a substantial and comfortable suit of clothes
and transportation to the place of conviction, or to the
nearest point accessible by public conveyances, and that
at the adjournment of any Court, or the disposal of the
criminal docket, it shall be the duty of the Clerk of the
Court to notify the lessees of the number of convicts for
the Penitentiary : Provided, that in counties where, be-
cause of the insufficiency of the county jail, or for any
other cause the Court may be of opinion that the safe
keeping of the convicts may require it, the Court may
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( 200 )
order the immediate removal of convicts to the Peniten-
tiary at the lessees^ cost, before the expiration of the time
allowed by the lessees to remove such convicts.
Sec. 30. Be it further enacted^ That all laws and parts
of laws in conflict with this Act, be and are hereby re-
pealed^ and that this Act take effect from and after its
passage, the public welfare requiring it.
Passed March 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives,
HUGH M. McADOO.
Speaker of the Senate,
Approved Marph 26, 1877.
JAS. D. PORTER,
Oovernor,
CHAPTER CLXXI.
AN ACT to defray the current expenses of this session of the Gren
eral Assembly, and to defray the current expenses of the Stat<
^ Governnaent for the next two years and.three months.
Section 1. Be it enacted by the General Assembly of
the State of Tennessee That the Comptroller issue his
warrant to each raember of the Senate and House of
Representatives for the sums staced to be due in the an-
nexed report of the Committee on Finance.
Sec. 2. Be it further enacted^ That the Comptroller
issue his warrant to the officers of the Senate and House
of Representatives for the sums stated to be due each in
annexed report of the Committee on Finance.
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(201)
FORTIETH GENERAL ASSEMBLY.
HOUSE OF REPRESENTATIVES.
BOLL OF MEMBERS AND OFFICEB8.
NAMES.
R. N.Baker
M. D. Bearden
J. J. Boon
N. Brandon
M. M. Brien, Jr
Campbell Brown
J. K. Brown
J. Lee Bullock
S. D. Brooks
W. W. Coleman
Wm. Cannon
W. A. Collier
W.N. Cowden
W. K. Donnelly
G.W.Day
H. L. Doujrlass
H. Denton
W. L. Duf?>raii
C. B. Dodson
A. B. Enloe
J. S. Frazer
T.J. Fisher, Sr
J. J. Ford
A. A, Freeman
R. P. Frierson
N. Gregg
J. W. Goodwin
J. K. Garner
George W. Graham
582
526
359
210
64
420
90
650
480
452
464
166
825
800
484
160
600
236
334
100
100
350
128
786
240
188
610
$93 12
84 16
57 44
33 60
10 24
67 20
14 40
104 00
76 00
72 32
74 24
26 56
132 00
48 00
77 44
25 60
96 00
37 76
53 44
16 00
16 00
56 00
20 48
125 76
38 40
30 08
97 60
a
«
S
$3oo;
300i
292^
300l
300!
292
751 300:
72, 288'
75 300;
75: 300
292
292
248
74' 296
73 292
75i 300
75 300
75; 300
74
296
75 300
75' 300
74
206
73
292
55
220
75
300
75 300
75 300
75 1 300
75
300l
1
$393 12
384 16
349 44
333 60
300 00
302 24
367 20
302 40
404 00
376 80
364 32
366 24
274 56
428 OO
340 00
377 44
325 60
396 00
333 76
353 44
300 00
312 00
308 00
276 do
320 48
426 76
338 40
330 08
397 60
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( 202 )
Roi.L OF Membebs and Officebs of the House op
Repbesentatives — Continued.
NAMES.
J* R. Goodpasture...
I. M.Hill
M. H. Hancock
W. C.Houston
L. L. Hawkins
G. W. Hanes
O. F. Hendrick
H. T. Johnson
M. F. Jerolds
S. A. Key
John Lytle
Ah. L. Landis
T.C. Lowe
Jacob Leech
R. J. Lawrence
F. M. Lavender —
W. E. Kindrick
M, S. Mahoney
J, A. Manson
O. Pink McCannon.
T. B. McElwee
J. C. Mc Andrew
Tom W. Neal
W.H.Nelson
J. R. Oliver
John Overton
James Oldham
Pete T. Phillips
Geo. B. Peters
Geo. C. Porter
H. H. Perry
J. S. Quarles
Jesse L. Rogers
J. H. Savage
J. F. Stokes
Charles G. Smith
Lewis Shepherd.
6
200
464
412
100
212
216i
350:
300l
704
300
75
122
464
80
210
40
522
720
632
558
418
625
404
464
154
400
464
360
450j
150|
666:
208
60
124
302
C. B. Simouton I 540
32
74
65
16
33
34
56
48
112
48
12
19
74
12
33
6
83
116
85
89
66
.100
64
74
24
64
74
57
72
24
106
33
9
19
00
24
92
00
92
50
00
00
75
69
75
73
67
75
75
75
64174
00 73
00 75
50J71
2473
00i75
60175
40174
52;75
20171
12!73
28,73
88l74
00l76
64175
24'75
64174
■75
00,75
,75
24i73
60,75
00:72
0075
60:75
24|75
60 75
84174
a
^
I
48 32i75
86 40170
$300
276
300
292
268
300
300i
300^
296i
292
300
284
292
300
300
296
300
284
292
292
296
300
300
300
296
300
300
300
292
300
288
300
300
300j
300
296l
3001
2801
332 OO
350 24
365 92
308 00
302 92
334 50
366 00
348 00
408 64
340 00
312 OO
303 60
366 24
312 00
333 60
302 40
383 52
399 OO
377 12
381 28
362 8S
400 OO
364 64
374 24
320 64
300 00
364 00
300 OO
366 29
367 60
360 00
324 OO
406 50
333 24
309 60
315 84
348 32
366 40
Digitized by
Google
. (203)
Roll op Members and Officers of the House op
Representatives — Continued.
NAMES.
6
s
W. P. Tolley
J. B. ThomasoD •. .,••••
W. E. Travis
E. O. Tate
B. M. Tillman
S. F. Wilson
J. E. Washington
E. T. Taliaferro, Speaker
Eth. B. Wade, P.O....
S. B. Sherrill, A. C
T. C. Long, E. C
W. A, Lowe, S. A
H. T. Prater, A. S. A...
Jo. Alexander, Porter...
L. Jones, Ass't Porter. .
264
268
282
632
425
^0
58
160
42 00
42 88
46 12
100 80
68 00
8 00
9 28
25 60
74
75
75
75
75
73
75
75
75
75
75
296
300
300
300
300
292
300
450
450
450
450
74: 296
75 300
225
225
338 00
342 88
345 12
400 80
368 00
300 00
309 28
475 60
450 00
450 00
450 00
296 00
300 00
225 00
225 00
Digit!
zed by Google
(204)
FORTIETH GENERAL ASSEMBLY.
SENATE — Roll op Officers and Members.
NAMES.
i
s.
g
£,
a
a
•s
"S
s
o
o
Q>
^
's
Jz;
p!<
^
Jesse Arlege
F. P. Cahill
J. H. Carson
• H. A. Chambers
T. D. Deavenport
L. H, Denny ,
J. C. Flanders
W. D. Fullton
A. E. Garner
A. G. Hawkins
R. P. Lloyd
S.C.Maddux
D. D. Maney
O. W. Martin
W. A. MiUiken
F. B. Ragland
A. R. Reid
J. Q. A. Remine
S. L. Ross
H. S. Sheid
H. G.Smith
R. E. Thompson
J. A. Trousdale
L. M. Wester
H. M. McAdoo (Speaker)
J. E. Helms, P. C
E. W. Hickman, A. C...
E. G. Cook, Eng. Clerk-
Emily T. Peyton, A. E. C.
Archie Thomas, S.-at-A..
J. A. Harris, A. S.-at- A.
W. B. Scott, Porter
John Rains, Porter
John Cook, A. P
Michael Grarri8on,W.C.P.
164
600
468
192
783
536
24
58
214
360
480
60
280
600
360
385
710
286
180
464
60
50
502
132
$ 26 24
96
74
30
125
85
3
9
34
57
76
9
44
96
57
61
113
45
28
74
9
8
80
21
00
88
72
28
76
84
28
75
75
76
76
75
75
75
75|
76l
24|75|
6075
80J751
60176]
801751
00175
60i75
60,76
60,75
7675
80,75
24|73!
60,76!
00
32
761
751
12|76|
75i
?^!
75'
60i
48
26
26
76
/ 48] 21
t 26 3/
$300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
292
300
300
300
460
450
450
450
48
300
300
300
2
3
2
3
$326 24
300 00
396 00
374 88
330 72
425 28
385 76
303 84
309 28
334 24
357
376
309 60
344 80
396 00
367
361
413 60
346 76
328 80
366
309
308 00
380 32
471 12
450 00
450 00
450 00
48 00
300 00
300 00
180 00
174 00
52 00
225 00
60
80
60
60
24
60
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(205)
Sec. 3. Be it further enacted^ That the Comptroller
issue his warrant in favor of C. C. Plummer for eighteen AssisteBta in
dollars, ($18.00), and J. M. McKee for twelve dollars ^''^^^i"'^*-
($12.00), in payment for services as Assistant Clerk in
the organization of the House, and to W. E. Carter for
four dollars ($4.00), as Assistant Sergeant-at-Arms in
the organization of the House. ^ -
Sec. 4. Be it further enacted, That the Comptroller
issue his warrant in favor of C. C. Plummer for thirty ^' ^- ^**"™^
dollars ($30,00), in payment for services as Journal Clerk,
in accordance with House Resolution No. 79.
Sec. 5. Be it further enacted. That the Comptroller
issue his warrant to H. T. Prater for the sum of three
hundred and fifty-four dollars ($354.00), for postage p<>«**»®«^™p»
stamps furnished the members of the House of Repre-
sentatives in accordance with House Resolution No. 110.
Sec. 6. Be it further enacted, That the Comptroller
issue his warrant to N. E. Dorente for $162.00 for 27 ^ ^' Vorenu,-
days* services as Journal Clerk of the House, in accord-
ance with House Resolution No. 152.
Sec. 7. Beit further enacted, That the Comptroller ^^^^^^.^^^
issue his warrant to W. E. Travis, T. J. Fisher and Na- E. t. Univer'y
than Gregg for ten dollars each, to defray their expenses
as members of a committee to visit the East Tennessee
University at Knoxville.
Sec. 8. Be it further enacted, That the Comptroller
issue his warrant in favor of J. L. Gaines for the sum ofgi^rkhireto
|f987.50 for money paid out by him during, the last two ^^^
years for extra Clerk hire, which was rendered necessary
by the additional labor imposed upon the Comptroller's
office by the last General Assembly.
Sec. 9. Be it further enacted. That the Principal Clerk
of the House of Representatives be directed to remain a
sufficient time after the adjournment of the General As-
sembly, to file properly the papers of the House with the
Secretary of State, and that for the above services, and of cit^ofHouse
for copying the Journal of the House, and for indexing for copyinffand
said Journal and superintending the publication of the^"*^®^°* ^^^'
same, he shall be allowed in full payment of all said ser-
vices, the sum of six hundred dollars ($600.00), and the
Comptroller shall issue his warrant for said sum when
the said Clerk shall have performed these duties and
closed his business.
. Sec. 10. Beit further emwted. That the Comptroller jj^p^j^g^^^
issue his warrant to J. B. Heiskell, Attorney General, Atty o^erai
for a sum not exceeding one thousand dollars, in payment
Digiti
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( 206 )
of the certified itemized account of his necessary expenses
to Washington, as provided in Senate Bill No. 58.
Sec. 11. Beit further enacted, That the Comptroller
No fcdTances. ghall in no case issue his warrant to any officer of this
State in payment or part payment of his salary, in ad-
vance of the services to be rendered by said officer.
Sec. 12. Beit further enacted, That the Comptroller
issue his warrant to J. H. Savage, Lewis Shepherd and
Oom. to j-onfer W, E. Travis, Representatives, and George W. Martin
Tra. ^" ^ " and Jesse Arlege, Senators, for $125.00 each, to defray
their expenses as a committee to visit New York to con-
fer with the holders of Tennessee bonds, as provided by
Senate Joint Resolution No. — .
Sec. 13. Beit further enacted, That, the Comptroller
issue his warrant for twenty-five dollars in favor of Lewis
Minutes «f con- Shepherd, Secretary of the Committee appointed to visit
ferenceinN Y. jfg^ York, in payment for transcript of the minutes of
the meetings and of express charges on transcript.
* Sec. 14. Be it further enacted That the Comptroller
c L Anderson issue his Warrant in favor of C. L. Anderson for fifty
dollars, the amount paid by him as sheriff of Shelby
county, in arresting a fugitive out of the State, as pro-
vided by House Joint Resolution No. 149.
Sec. 15. Be it further enacted, That the Comptroller
J. B.Johns issue his warrant to J. B. Johns, Revenue Collector of
Rutherford county, for $75.78, as provided by House
Joint Resolution No. 111.
Sec. 16. Be it further enacted. That the Comptroller
draw his order on the Treasurer in favor of James Sloan
Jag siotnifeOo^^ ^o., for One thousand dollars ($1,000.00), in full com-
pensation for work and labor done on the East Tennessee
Hospital, by virtue of the Act to establish additional
Hospitals for the Insane, approved March 22, 1873:
Provided, said James Sloan & Co. will accept the same
in full satisfaction of their claims.
Sec. 17. Beit further enacted. That to defray the cur-
rent expenses of the State Government for two years and
three months, commencing December 19, 1876, and end-
ing March 19, 1879, the following appropriations are
General made, for the following purposes and none other, which
xpenses ^^^ ^ ^^ p^.j ^^^ ^£ ^j^^ Treasury upon the warrant of
the Comptrolkr, or so much thereof as may become
necessary in the administration of the State Government :
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(207)
CRIMINAL PROSECUTIONS,
<Co8ta accrued on behalf of the State )
#668 of Clerks, Sheriffs, MaRistrates
and Witnesses ^
" District Attorneys
Boarding Juries
-Jail Fees '.
Convicts to Penitentiary..
Lunatics to Asylum
Arresting Fugitives
JUDICIAL SALARIES :
5 Supreme Court Judges @ 94,000 per
annum
12 Chancery ** ** ** 2,500 per
annum ,
16 Circuit 2,500 per
annum
3 Criminal 2,500 per
annum
2 1,800 per
annum
ILaw " *' '* 2,500 per
annuln
•Special Judges (amount already isj>u-
ed since Dec 19. 1876)
Attorneys' Fees (amount already is
sued since Dec. 19, 1876)
EXECUTIVE SALARIES ;
•Govenior @ $4,000 per annum
Comptroller ** V,750 **
Treasurer " 2,700 **
Sec'y of State *' 1,800
Salary of Attorney General and Ke
porter @ $3,000 per annum
Salary of Adjutant General @ $1,200
per annum, ($150 extra since Dec.
19, 1876)
Salary of Superintendent of Hospital
f>r Insane @ $3,000 per annum
Salary of State Librarian @ $1,000
per annum
Salary of State Geologist, (issuecL
since Dec. 19, 1876, on account of
two preceding years)
OFFICERS OF PENITENTIARY.
Warden @ $1,000 per nnnum
Assistant Warden @ $800 per annum
Chaplain @ $300 per annum
Three Inspectors @ $72 per annum....
<For Superintendent and Physician,
HOSPITAL FOR THE INSANE.
$55,000 per annum, ($2,500 extra is-
sued on one quarter)
SCHOOL FOR THE BLIND.
Annual appropriation $5,000 (act ^f
March I0,18&)
t200 per capita (act of March 9, 1867)
pupils estimated at sixty..
© o cj
^ O 9
Ooo
$190,000
24,000
28,000
108,000
40.000
60.000
80,000
15,000
7,200
5,000
8.000
5,500
5,400
3,600
2,000
1,600
600
432
seeSeo
350,000
10,000
24,000
12,000
1,000
6,000
207,200
1,222
2.305
22,500
6,000
2,550
6,000
2,000
52S
112,500
34.000
go
Si
V 9
© a
5S5
23,750
3,000
3,500
13,500
5,000
7.500
10.000
1.876
900
625
1,000
687
675
460
250
200
75
64
43,750
125
750
25,900
2,812
750
300
750
5T9
13,750
393.750
12.000
1.125
6.750
233.010
1.222
2.305
25.312
6.750
2.850
6.750
2.250
5.211
126,250
3,000 37.000
Digitized by VjOOQIC
(208)
BS
oT
«22
1
tgrH
s
9 6 6
^ 0^ <o
hS
H««
^
4
>€ Pi •
1- ®^
SQ SO •
gas
sis
SCHOOL FOR DEAF AND DUMB-
Annual appropriation 1^5,000 (act of
• March 26, 1866)
$200 per capita, pupils estimated at
115
LEGISLATIVE EXPENSES.
Per diem of members...
Mileage
Per diem of clerks sergeants
employes
Printing, stationery and miscellane-
ous ,
eants and f
I
See Sch edule.
I
«,700
EXECUTIVE EXPENSE.
Fees to Secretary of State's office,
$950 per annum
Books, blanks, stationery, job print-
ing, postage, telegrams, etc., for
the four offices
SUPREME COURT EXPENSE.
Rent of building at Knoxville, bail-
iffs, enrolling opinions, blank-books
ani stationery
LIBRARY EXPENSE.
S600 per annum
PUBLIC ARMS EXPENSE
CAPITOL EXPENSE.
Day and night watchman, $600 per
annum ($75 extra since December
19. 1876)
Fuel
Gas
Water tax
Repairs and contingencies
Express charges on moneys from col-
lecting officers
'iax aggregates
Supreme Court Reports— 5 yols
Puolishing Governor's proclamat'ns
Publishing acts in Newspapers
PUBLIC PRINTING.
Messages of Governor and Reports of
executive officers and State institu-
tions
Senate and House Journals
Senate and House Appendixes
Acts
Miscellaneous
Land sales — clerks' fees
Bureau of Agriculture, Statistics and
Mines
Capitol grounds expense
Miscellaneous
$10,000,
46,000
$56,000
1,900
2,840
1,275
1,400
800
250
1,200
2,500
3,000
2,500
3,000
1,000
4,740
8,889
1,000
250
4.925
2,000
2,000
10,000
1,000
550
12,000
20,000
16,000
1,200
1.000
237
355
150
175
100
31
150
$5,750
592
1,111
125
$6ll.75(>
6,700
5,S32
io,ooa
1,12&
281
250
125
5.531
2,250
2,000
10,000
1.12$
550
12,000
20,00$
16,000
1,200
1.000
Digitized by V^OO^lt:
(209)
Sec. 18. Be it further enactedy That the sum of
$129,020.61 is hereby appropriated out of any moneys outBtandm*
in the State treasury, for the payment of all the Comp- warra«t8.
troUer^s warrants outstanding December 19, 1876, as
shown by his official report to this General Assembly.
Sec. 19. Be it further enacted, That the Comptroller
is authorized to issue his warrant for the sum of $664.74, g ^ Hunt
in full of interest to January 1, 1877, on the Spencer T. fund.
Hunt fund, belonging to Dickson and Humphreys coun-
ties, and $888.32 in full of interest on the same account
to January 1, 1879.
Sec. 20. Be it further enacted, That the Comptroller
is authorized to issue his warrant for the interest on the intereH on
"school fund," of $2,512,500, to those who are entitled '"^^^^^ ^^°^-
to the same by law.
• Sec. 21. Be it further enacted, That all laws and parts
of laws in conflict with this act be and the same are
hereby repealed; and all laws providing a salary for any
officer named in this act in excess of the amount herein
appropriated for said officer, are so modified as to con-
form with this act.
Sec. 22. Be it further enacted. That the sum of
$3,375 be appropriated for the salary of the Superin- sui>erintend't
tendent of the Capitol for the two years and three months of Oapitoi.
beginning December 19, 1876, the same being at the rate
of $1,500 per annum.
Sec. 23. Be it further enacted. That the sum. of $4,500
is hereby appropriated for the payment of clerk hire for
the Comptroller's office for the two years and three Oomptroiier'g
months beginning December 19, 1876, the same being at°^®'^^*
the rate of $2,000 per annum, or $166.66 per month.
Sec. 24. Be it further enacted, That the sum of $2,-
700 is hereby appropriated for the payment of clerk hire
for the office of Secretary of State for the two years be- retary of state
ginning December 19, 1876, the same being at the rate
of $100 per month.
Sec. 25. Be it further enacted. That the sum of $2,160
be appropriated for the pay of porters to the capitol, the Porters.
same being for two porters at the rate of $40 per month
for two years and three months beginning December 19,
1876,
Sec. 26. Be it further enacted, That the sum of $187.50
be appropriated for the payment of clerk hire for theTieasr's oierk.
Treasurer's office for the three months beginning Decem-
ber 19, 1876.
Sec. 27. Be it further enacted, That the Comptroller
issue his warrant in favor of the widow of ex-President MrJ^Pofk* **"
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Polk for the interest upon the bonds of the State owned
and held by her on the 1st day of January, 1877, not
exceeding twenty-nine in number.
Sec. 28. Be it further enactedy That the Comptroller
issue his warrant for $4,000 to defray the expenses of the
■Sddie^diviB'n Commission, including the salaries of the Commissioners
or Judges, for the middle division of the State, as pro-
vided by Senate Bill No. 239 ; and that the same amount
be appropriated for the Commission for the western di-
vision of the State, as provided by act.
Sec. 29. Be it further enacted That the sum of $1,-
826.28 is hereby appropriated for the payment of laying
. . wooden flooring, relining the curtains, changing and put-
8eiiatle"cham° tiqg down the carpcts, and other repairs in the Senate
ber^and H. of Chamber and Hall of Representatives, and for furniture,
fuel and other items on account of Legislative expenses,
of which a full and complete exhibit (marked ^^A") is
herewith filed.
Sec. 30. Be it further enacted, That the Comptroller
H 8. Shield ^^®"® ^^^ warrant to H. S. Sheid, chairman of sub-com-
«hairinan, ' mitt^e to visit branch prisons, for the sum of $55 to de-
fray the expenses of said committee in visiting branch
prisons in East Tennessee.
-, Sec. 31. Be it further enacted, That the Comptroller
issue his warrant to Hon. H. H. Perry, chairman of sub-
chairman.*"^' committee to visit branch prisons, for the sum of $32.50
to defray the expenses of said committee in visiting the
branch prisons in West Tennessee.
Sec. 32. Be it further enacted. That the Comptroller
MoaesDaTis. issue his warrant to Moses Davis for the sum of $10.50,
as compensation for seven days service as assistant porter
in the House of Representatives.
Sec. 33. Be it further enacted. That the Comptroller
issue his warrant to Archie Thomas for the sum of eighty-
Senate**^* ^^^ four ($84) dollars, for postage stamps furnished the mem-
bers of the Senate in accordance with Senate Resolution
No. 16.
Sec. 34. Be it fwrther enacted, That the Comptroller
issue his warrant in favor of Hons. F. P. Cahill and A.
s. com to B. ^- ^^^^ for the sum of $25 each, to defray their ex-
T. Uuiversity; penses as members of a joint committee to visit the East
Tennessee University at Knoxville.
Sec. 35, Be it further enacted. That the Journal of
»te^5?urSal!''" *^® Senate be, without delay, copied, indexed and pub-
lished, by the principal and assistant clerks, under the
direction and control of the principal clerk, and that for
Compensation Compensation of these services $500 be appropriated, of
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^hich $300 to the principal clerk and $200 to the assist-
lant clerk, and the Comptroller shall issue his warrants
for the same when the service's shall have been fully per- •
formed.
Sec. 36. Be it further enacted, That the Comptroller
be instructed to issue a warrant on the Treasury in favor
of W. G. Ewin, formerly clerk of Davidson Coijnty
Court, for the amount of privilege tax illegally collected J^J^'l'^^"
by the said Ewin from A. S. Colyar, which tax was paid yar. * *
into the Treasury of the State, as shown by his report of
revenue collected, now on file in the Comptroller's office,
«aid sum not to exceed forty-five dollars.
Sec. 37. Be it further enacted, That the sum of one
hundred and fifty dollars be appropriated to the payment Robert BwIm*
of a fee due to Robert Ewing for legal services rendered
the State in the case of W. A. Gleaves vs. Wm. Mor-
Tow, Treasurer.
Sec. 38. Be it further enacted, That the. Comptroller
issue his warrant in favor of the Judge of Common ^^ judge otUt^-
and Chancery Court of Madison county for his salary, i'^onliawC««rt
at $2,000 per annum, commencing December 25^ 1876.
Sec. 39. Be it further enacted, That the Comptroller
issue his warrant on the Treasurer to Robert H. Rose
for the sum of eleven hundred and ninety-three dollars ^«bt. H. Rom
and twelve cents for services rendered by him as Judge
t)f 12th judicial circuit of the State of Tennessee in the
year 1861 and 1862.
Sec. 40. Be it fvHher enacted, That the sum of $5,-
750 is hereby appropriated for the payment of the salary s»pt. Prisont.
of the Superintendent of Prisons, for the two years and
three months beginning December 19, 1876, the same
being at the rate of $2,500 per annum.
Sec. 41. Be it further enacted, That the sum of $2,-
250 is hereby appropriated for the payment of the salary Physician u
■of the Physician to the Penitentiary, for two years and p*'*^^^'**'*'^'
three months, the same being at th^ rate of $1,000 per
annum.
Sec. 42. Be it further enacted. That nothing in this
act shall preclude the Comptroller from issuing his lyar-
rant for interest on bonds of the State held by educa- Jj^ 'cha^ ti
tional and charitable institutions in this State, evidence BtUutions,'
of the ownership of which was on file in the Comptrol-
ler's office on the 1st day of January, 1875; Provided,
that the current expenses of the State government shall
first be paid.
Sec. 43. Beit further enacted, That the sum of $1,- .^^ I
080 be appropriated for compensation of the porter to eeut^ \
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the Seoretary of State and Governor, for the two years
and three months beginning December 19, 1876, the
same being at the rate of $40 per month.
Sec. 44. Be it ;f'wrther emded, That this act take
eflfect from and after its passage, the public welfare re-
quiring it.
Passed March 26, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the House <^ BepreaeniaUfm.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER.
Chvemor^
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RESOLUTIONS.
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SENATE JOINT RESOLUTIONS.
NUMBER I.
Be it resolved by the General Assembly of the State
of Tennessee, That a icommittee of two upon the part of
the Senate and three upon the part of the House be ap-
pointed to prepare joint rules for the government of the
two bodies when acting in conference, whether in con-
vention, by committee, or 6therwise.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House of Eepreaentativea.
NUMBER II,
Resolved by the General Assembly of the State of
Tennessee, That a committee of two members on the
part of the Senate and three members on the part of the
House be appointed by the Speakers thereof to examine
the books, accounts, and vouchers of the Comptroller of
the Treasury and the Seqretary of Treasury, and settle
with them as the law dii^ects.
Adopted January 2, 1877.
HUGH M. McADOO,
Speaker of ike SemtU.
EDWIN T. TALIAFERRO,
Speaker of the Home </ Bepreuniaime^
Approved January 17, 1877.
JAS. D. PORTER,
Qof^temor,
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NUMBER III.
Resolved, That a committee of two upon the part of
che Senate and three upon the part of the House be ap-
pointed to notify Governor Porter of the organization of
the General Assembly, and that it is ready for the recep-
tion of any communications he may desire to submit.
Adopted January 2, 1877.
HUGH M, McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker (^ the House of Bepresentaiwes,
Approved January 17, 1877.
JA8. D. PORTER,
Oovemor.
NUMBER IV.
Resolved by the General Assembly of the State of
Tennessee, 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 nine on the part of the House,
composed of three from each of the grand divisions of
the State, be appointed to lay off the State into Judicial
Districts and Chancery divisions, and report by bill or
otherwise.
Adopted February 5, 1877.
HUGH M. McADOO,
Speaker <^ the Senate.
EDWIN T, TALIAFERRO,
Speaker of the House of BepretentaUves.
Approved February 9, 1877.
JAS. D. PORTER,
Oowmor,
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NUMBER V.
For counting the vote for Governor.
Whereas, the joint coovention of the two hoases of
this General Assenibly, on Monday, January 8, 1877,
met in the Hall of the House of Representatives for the
purpose of preparing the vote for Governor, cast at an
•election held in all the counties of the State of Tennes-
see on the first Tuesday after the first Monday in Novem-
ber, 1876, and did, in following precedents set by former
Legislatures of this State, fail to comply with the require-
ments of section 2, article 3, of the Constitution, in that
the ofiBcial returns -from the Sheriffs of the several coun-
ties of this State, sealed and directed to the Speaker of
the Senate, were not opened and published by the Speaker
of the Senate in the presence of the two Houses in con-
vention assembled, and that the action of the joint con-
vention was unconstitutional, and therefore null and void,
therefore,
Be it resolved by the General Assembly of the State
•of Tennessee, That the Senate meet the House of Eep-
resentatives in joint convention in the Hall of the House
of Representatives on Thursday, the 11th, at 11 A. M.,
for the purpose of comparing the vote for Governor, as
required and directed by ihe Constitution of the State, in
article (3) three, section (2) two.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T, TALIAFERRO,
Speaker of the House of BepresentaUvea,
Approved January 11, 1877.
JAS. D, PORTER,
Oovemor.
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NUMBER VI.
To appoint a committee to wait upon the Governor and inform him of
his election, and make necessary arrangements for his inauguration.
Resolved by the General Assembly of the State of
Tennessee, That a committee composed of one member
of the Senate and two members of the House, be ap-
pointed to wait upon His Excellency, Jas. D. Porter,.
Governor elect for the term commencing January 15,.
1877, and learn his pleasure as to the time best suited for
the inaugural.
Also, that a committee of two from the Senate and
three from the House be appointed to make arrange-
ments for and conduct the ceremonies of inauguration.
/ Adopted February 5, 1877,
HUGH M. McADOO,
Speaker of theSenaU.
EDWIN T. TALIAFERRO,
Speaker of the Houee of IUpreaentaiwe$^
Approved February 9, 1877.
JAS. D. PORTER,
Oovemor^
NUMBER VII.
Whereas, it is the duty of the Trustees of the Uni-
versity of East Tennessee to establish an Agricultural
College, so as strictly to conform with the Congressional
enactment making the appropriation; and.
Whereas, the Congressional Act requires the fund
hereby appropriated shall be used only for agricultural
and mechanical school ; and.
Whereas, it has been reported that isaid East Ten-
nessee University has not complied with the Act donat-
ing this fund, but have used the income arising from
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this endowment for improper purposes, not warranted by
said law; therefore^
Resolved, that a joint committee of two on the part of
the Senate and three on the part of the House, be ap-
pointed as a Committee of Investigation, to inquire into
the condition, establishment, and practice of said Univer-
sity in reference to the agricultural and mechanical de-
partment of said school, and whether the money arising
from said endowment is strictly used and paid out as re-
quired by the Act of Congress and the Act of the Gen-
eral Assembly of Tennessee establishing an Agricultural
and Mechanical College, and said committee shall have
all the powers and rights and perform all the duties re-
quired of the usual Legislative committee appointed to
visit the East Tennessee Univereity, and shall report
fully upon the condition of the same.
Resolved, that the committee are required to make said
investigation as early as practicable, and shall have
power to examine books and send for persons and papers
for this purpose, and report to the General Assembly.
Resolved, That said committee also visit and inspect
the condition and management of the Deaf and Dumb
Asylum in Knoxville, and report to this General Assem-
bly.
Adopted February 12, 1877.
HUGH M. McADOO,
Speaker cf ike SenaU^
EDWIN T. TALIAFERRO,
iS^Mofar of A* House of BtpremUatwei.
Approved February 24, 1877.
JAS. D. PORTER.
Oovemor^
NUMBER VIII.
Resolved by the General Assembly of the State of
Tennessee,. That a Legislative Committee, composed of
two Senators and three Representatives, to be selected in
such manner as each House shall determine, be appointed,.
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who shall be charged with the duty of visiting New
York and conferring with the arbiters mentioned in the
special message of the Governor, and they shall report
tne result of their action to this General Assembly for
ratification or rejection, at the earliest day practicable.
Adopted February 28th, 1877.
HUGH M. McADOO,
Speaker rf the Setiaie.
EDWIN T: TALIAFERRO,
Speaker cf the Haiue of BqpresenkUiees.
Approved March 1, 1877.
JAMES D. PORTER,
Oooemor.
NUMBER IX.
Be it resolved by the General Assembly of the State
of Tennessee, That the Comptroller be and is hereby
authorized and instructed to receive from C. B. French,.
Fremoten Young and James R. Martin six $1,000 bonds
of the State of Tennessee, letter " F," funding series^
due July 1st, 1914, with coupons attached, from January
1st, 1876, Nos. 1944, 3417, 6143, 6150, 6149 and 6142,
together with the coupons of July, 1875, in full dis-
charge and satisfaction of a judgment obtained by the
State against said parties, as sureties of Thos. J. Little-
ton, Revenue Collector of Roane county, and in full
redemption of all lands which have heretofore been sold
under said judgment.
Adopted March 7, 1877.
HUGH. M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker o/ the House of Bqfn'eeeniaiwes,
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This resolution having been presented to the Governor
for his signature on the 12th day of March, 1877, and
the Governor having failed to return it within the term
prescribed by law, the same is hereby declared to have
^aken enect
This, the 21st day of March, 1877.
HUGH M. McADOO,
Speaker of the SenaU.
EDWIN T. TALIAFERRO,
Speaker of the Howe of B^ftrtseniaHvei.
NUMBER X.
A BeBolation directory to the Comptroller, to apportion aocordine to
the lawful riehtB of counties any back school fund not heretofore
80 apportioned according to law.
Whereas, It appears from the report of the Comp-
troller made to the Legislature in 1873, there remained
in the Treasury about one hundred and fifty thousand
dollars of the school fund not apportioned to the coun-
ties entitled according to law under which the same was
levied and collected, and*
Whereas, There may be additional school funds col-
lected and not apportioned. Therefore,
Be it resolved, That the Comptroller, as soon as prac-
ticable, apportion said school fund or funds according to
the law under which the same was levied and collected,
and pay the same to the Trustees of the respective coun-
ties, and that the respective counties appropriate the
same to the discharge of all liabilities which are, and of
light ought to be^ a charge upon said fund, and that the
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surplus, if any, go into the general school fund of the
county.
Adopted March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Hoiuae of Representatives.
Approved March 22, 1877.
JAS. D. PORTER,
Ooverruyr.
NUMBER XI.
A Besolution to provide for the sale of lots of land in Memphia
wherein the State has an interest.
Whereas, Certain lot? of land situated jn the city of
Memphis, in this State, were bid off in the name and for
the benefit of the State, and of the county of Shelby, at
sales made under deed in trust and writ of execution
against sureties of William McLean, late tax collector of
said county. Therefore,
Resolved, That the Comptroller of the State and the
Chairman of the County Court of Shelby county, shall
have power, at any time they may be of the opinion that
the interests of the State and said county require or will
be promoted by sale of the said lots, or any of them, to
sell the said lots at public auction, in said city of Mem*
phis, for cash or credit, as the one or the other may
be likely to obtain the best price, having first given
public notice of the time, place and terms of sales, by
advertisement, for not less than twenty days before the
sale, in one or more of the daily newspapers published
in said city of Memphis. The lots referred to, are one or
more on the north side of Jefferson street, at or near the
foot of said street and the Mississippi River, and- com-
monly known as the Elliott Block ; second, one or more
lots or parcels on the north side of Beale street, and the
house numbers of the storehouses thereon are Nos. 82
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and 84. In case of sale^ the certificate or deed of the
Comptroller and said Chairman, upon sale made and the
price paid or fully secured, shall have the force and effect
to vest in the purchaser or purchasers the legal title to
the lot or lots so sold* The proceeds of the sales shall
be distributed between the State and couuty in propor-
tion to their respective interests in said lots.
Adopted March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor.
NUMBER XII.
Whereas, The House of Representatives of the Con-
gress of the United States has passed a bill granting
pensions to the surviving soldiers of the Mexican war,
and to the widows of those who are dead ; and
Whereas, the same is now pending before the Senate
of the United States Congress. Therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That our Senators in Congress be and they
^re hereby instructed to use all honorable means .to secure
the passage of said bill.
Adopted March 23, 1877.
HUGH M. McADOO,
Speaker of the Sena4e.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
Approved March 24, 1877.
JAS. D. PORTER,
Oo.emor.
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NUMBER XIII.
To permit the State Medical Society to hold its annual meetings in
the State Capitol.
Be it resolved by the General Assembly of the State
of Tennessee^ That the Superintendent of the State Cap-
itol be and he is hereby directed to permit the Medical
Society of the State of Tennessee to hold its annual ses-
sion in the Senate Chamber or the Hall of the House of
Representatives^ as said Society may elect, free from any
expense whatever, until further instructed.
Adopted March 23, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the Bouse of Hepresentativea.
Approved March 24, 1877.
JAS. D. PORTER,
Oovemor.
NUMBER XIV.
Whereas, It appears from the report of James L..
Graines, Comptroller, made to this General Assembly, on
page 60 of same, there is a balance on the Comptroller's
books against A. J. Peebless, Revenue Collector for
Fayette county, for the year 1869, of twenty-two hun-
dred and four 16-100 dollars ($2204 16-100), and the
same is reported by the said Jas. L. Gaines, Comptroller^
as being a proper account for adjustment by the Legisla-
ture. Therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That James L. Gaines, Comptroller, be
and he is hereby authorized and empowered to settle with
the said A. J. Peebles, Revenue Collector of Fayette
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county, Tennessee, giving him credit for all proper and
legal vouchers which the said A. J. Peebles may hold,
and allow him his commission to which he is duly and
legally entitled, and to adjust and settle his said account,
and report to the General Assembly.
Adopted March 23, 1877.
HUGH N. McADOO,
Speaker of the iSenate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives^
Approved March 24, 1877.
JAS. D. PORTER,
■NUMBER XV.
Be it resolved by the General Assembly, That the
Governor be and he is hereby authorized to appoint three
Fish Commissioners, one from each Grand Division of
the State, to co-operate with the United States Fish
Commission.
Adopted March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Hepres&ntatives,
Approved March 26, 1877.
JAS. D. PORTER,
Qcvemor,
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NUMBER XVI.
Whereas, The State of Tennessee did, on the 7th
day of October, 1872, in the Circuit Court of Meigs
county, recover a judgment against W. E. Smith, tax
collector of said^ county for the year 1869, and Owen
Solomon and others as his securities, for $3,197.59, the
amount of default, and for the sum of $500.10 interest
thereon, and for the further sum of $445.46 damages
thereon, and that the State of Tennessee has heretofore
collected on said judgment the sum of $864.35; and,
Whebeas, Said Owen Solomon died in the year 1874,
leaving a widow and a large family of children, some of
whom are minors; and,
Whereas, The State of Tennessee has filed her bill
in the Chancery Court of said county of Meigs, against
said widow Mary Solomon 'and the children of said Owen
Solomon, for the purpose of subjecting the land of said
widow and children to the satisfaction of said judgment
aforesaid, and a decree having been pronounced in said
cause on the 12th day of .March, 1877, directing the sale
of said land; and,
Whereas, The proof taken in said chancery cause'
shows that the property of said Mary Solomon paid for
said land originally ; and,
Whereas, said land, if sold, will not realize to the
State more than $2,500; therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That said Mary Solomon and children be
and they are hereby authorized and allowed to pay into
the Treasury of the State the sum of $2,500, with bond
and coupons of the State legally issued, and the same be
taken in satisfaction of said judgment against the estate
of Owen Solomon, deceased, and the Comptroller is
hereby authorized and directed to audit and settle said
claim on the alcove basis, and to suspend further proceed-
ings looking to the sale of said land ; Provided, however,
said sum of $2,500 in bonds and coupons be paid into
the State Treasury within four months after the passage
of this resolution ; and provided further, that nothing in
this resolution shall be construed so as to release said tax
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<3ollector or his other securities from liability for the bal-
ance of said judgment.
Adopted March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate,
EDWIN T. TALIAFERRO,
Speaker of the House nf Bepreaentaiwee.
Approved March 26, 1877.
JAS. D. PORTER,
Oocemor,
NUMBER XVII.
Be it resolved by the General Assembly of the State
•of Tennessee, That whenever suits are pending against
any of the revenue collectors of this State, whose books
have been taken out of their possession and placed in the
hands of a back tax collector, that said back tax collector
«hall return the tax books of such collector against whom
suit may be pending to such collector, and he may col-
lect the taxes uncollected on such books.
Adopted March 26, 1877.
HUGH M. McADOO,
Speaker of the SenaU*
EDWIN T. TALIAFERRO,
Speaker of the Horise of Representatives.
Approved March 26, 1877.
JAS. D. PORTER,
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NUMBER XVIII.
Whereas, There have been presented at the office of
the Secretary of State four bonds of the white series, let-
ter " B," purporting to be issued during thfe administra-
tion of Governor Isham G. Harris in 1859; and.
Whereas, Other bonds of the same numbers with
those presented have already been registered; therefore^
Be it resolved by the General Assembly of the State
of Tennessee, That the Governor and Comptroller are-
hereby authorized to have registered such bonds pur-
porting to be signed by Isham G. Harris as Governor,,
and J. E. R. Ray, then Secretary of State; Provided^
said Harris and Ray shall make affidavit, to be filed in
the office of the Secretary of State, that such bonds were
regularly signed, that their signatures appended thereta
are genuine, that they believe the State received value
therefor, and that in their opinion the said bonds are
misnambered by clerical mistake ; and provided further^
the Governor and Comptroller are satisfied that such
bonds ought to be registered.
Adopted March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the JSbicae of Representativea^
Approved March 26, 1877.
JAS. D. PORTER,
GhvemoT.
NUMBER XIX.
Whereas, It is the duty of Government to furnish
the citizens thereof a speedy trial of their causes in the
courts of justice; and.
Whereas,. The crowded condition of the Supreme
Court dockets of this State amounts to a practical denial
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•of justice to a large number of litigants therein, and
«ome immediate and permanent relief should if possible
be afforded by the present General Assembly; therefore,
IIIJResolved, That a joint committee of fivo, — three from
the House and two from the Senate — be appointed by
the respective Speakers thereof to take this matter into
<Jonsideration, whose duty it shall be to prepare and re-
port to the special session of this General Assembly,
should one be called, a bill to relieve the present crowd-
•ed condition of the Supreme Court dockets, and provide
for the speedy trial of appeal cases in the future.
Adopted March 19, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentoHvea. .
Approved March 26, 1877.
JAS. D. PORTER,
Chvemor.
NUMBER XX.
Whereas, W. G. Harding, D. H. McGavock, Mrs.
McKelvey and others have obtained decrees in the Su-
preme Court of Tennessee, enjoining Nashville, Chat-
tanooga and St. Louis Railway from using or running
trains over certain lands, occupied by the right of way
of the Nashville and Northwestern Railroad, sold by the
State in the cause of the State vs. the Edgefield and
Kentucky Railroad Company, pending in the Chancery
Court at Nashville, to the said Nashville, Chattanooga
and St. Louis Railway; and.
Whereas, The basis of these decrees for injunction
was, that the lien of said parties for the purchase money
of these lands was prior and superior to that of the State,
in said land of said railroad companies, and that they
not having been made parties to said suit had no oppor-
tunity therein to have adjudicated their right therein to
the purchase money paid into court for said Nash-
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ville and Northwestern Railroad, and not being permit-
ted to sue the State, were forced to pursue their remedy-
by injunction against the Nashville, Chattanooga and SL
Louis Railway as purchasers of said railroad ; and
Whereas, It being the intention of the Legislature
in passing the various acts directing the bringing of said
suit for the purpose of selling of said railroad and other-
delinquent railroads, that all parties having legal claims^
against any of the said railroads should be made parties
thereto and have their rights therein adjudicated; now,,
therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That the said W. G. Harding, D. H. Mc-
Gravock & Co., complainants, and Lucy McElvey, or
their assigns, may proceed, by ].< liiion, in said cause ot
the State of Tennessee vs. the ^Edgefield and Kentucky
Railroad Company et als., to luake themselves parties
thereto, mnking the State a party to said petition by ser-
vice of noii(''» upon the Attorney General for the State
days before the filing of tlx- sam**; and the said
Chancery Court shall have full power i'» make such de-
cree thereon as it might have made had the petitioners
been parties to the original bill therein; and the laut of
not having been made parties originally to said suit <shall
in no way affect their rights in the premises; Provided^
nothing in this resolution shall in any way affect the
judgments of the parties against the Nashville, Chatta-
nooga and St. Louis Railway which have been rendered
in the courts heretofore.
Adopted March 26, 1877.
HUGH M. McADOO,
Speaker of the Senate.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives^
Approved March 26, 1877.
^JAS. D. PORTER,
Oovemor^
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HOUSE JOINT RESOLUTIONS.
NUMBER I.
Whereas, By Act of Congrress of 25th July, 1866,
providing for the election of Senators from the several
States to the Senate of the United States, it was enacted
that the Legislature of each State, which shall be chosen
next preceding the expiration of the term for which any
Senator was elected to represent said State in Congress,
shall, on the second Tuesday after the meeting and organ-
ization thereof, proceed to elect a Senator in Congress for
the next eniuing term ; and ^
Whereas, By the same Act of Congress it was furth-
er enacted, that whenever, on the meeting of the Legis-
lature of any State, a vacancy shall exist in the repre-
sentation of such State in the Senate of the United
States, said Legislature shall proceed, on the second
Tuesday after the commencement and oi^nization there-
of, to elect a person to fill said vacancy in the same
manner as provided for the election of a Senator for a
full term ; and
Whereas, The time for which the Hon. Henry
Cooper was elected to represent the State of Tennessee
in the Senate of the United States expires on the 4th
day of March, A. D. 1877, and this General Assembly
having organized on the 1st day of January,' A. D. 1877;
and
Whereas, Since the adjournment of the last General
Assembly of Tennessee the Hon. Andrew Johnson, who
was, on the — day of January, A. D. 1875, duly elected
to the Senate of the United States for the term beginning
on the 4th day of March, 1875, has died, leaving a va-
cancy in said Senate to be filled by this Legislature,
Therefore,
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Be it resolved by the General Assembly of the State
of Tennessee, That on Tuesday the 9th day of January,
1877, this General Aesembly will, in separate Houses, m
pursuance of said Act of Congress, and for the purpose
of electing a Senator from Tennessee to the Senate of the
United States, for the term beginning on the 4th day of
March, A. D., 1877, and then for the election of a Sena-
tor from Tennessee to the Senate of the United States,
to fill the said unexpired term of the late Hon. Andrew
Johnson, proceed openly, by a viva voce vote of each
member present, to name one person for Senator in Con-
gress from this State for the said full term, beginning on
the 4th day of March, 1877, and then, next thereafter,
in the same way, will proceed to^name one person for
Senator in Congress from this State for the said short or
unexpired term.
Be it further resolved. That on Wednesday, the 10th
day of January, 1877, the Senate will meet with the
House of Representatives, in the Hall of the House
of Representatives, in joint convention, for the pur-
pose of comparing the vote cast for each of said posi-
tions in the Senate of the United States, in each House,
on the preceding day, and to declare the result thereof;
and in ease it be then ascertained that no election was
made by the vote of the Houses in separate session for
either or both of said Senatorial terms, then that the
joint Convention of the two Houses proceed to choose,
by a viva voce vote of each member present, a person for
the purpose and full term aforesaid ; and after a ballot or
ballots therefor, next thereafter, shall in like manner
proceed to choose a person for the purpose and short or
unexpired term aforesaid, pr in case by the said joint
convention it be ascertained that, on the preceding day,
by the vote of the two Houses in separate sessions, there
was an election of a person to fill one of said Senatorial
positions, but no election to fill the other, then shall said
joint convention, in like manner as above named, pro-
ceed to vote for a person for the other said office and
term.
Resolved further. That in case there be no election on
the day named above (Wednesday) for either or both
said officers and terms, then said joint convention shall
meet at 12 o^clock meridian, in the same place, on each
succeeding day during the session of the Legislature, and
in the order above named take at least one vote for each
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of said Senatorial positions and terms until an election
has been made for said offices respectively.
Adopted January 4, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Mepresentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved January 8, 1877.
JAS. D. PORTER,
ChvemoT.
NUMBER II.
Resolved by the General Assembly of the State of
Tennessee, That the Senators meet the Representa-
tives in the Hall of the House of Representatives
on Monday, the 8th day of January, at 11 o^clock a. m ,
for the purpose of comparing the vote cast in the elec-
tion for Governor, held in this State on the first Tuesday
after the first Monday in November, 1875.
Adopted January 3d, .877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representative'i.
HUGH M. McADOO,
Speaker of the Senafe,
Approved January 17, 1877.
JAS. D. PORTER,
Governor.
NUMBER III.
Resolved by the General Assembly of the State of
Tennessee, That a committee of three on the part of the
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House^ and three on the part of the Senate, be appointed
to settle at as early a day as convenient with the Comp-
troller and Treasurer of the State, and in which settle-
ment said committee shall examine the accounts of said
Comptroller and Treasurer respectively, and settle with
them in the manner now prescribed by law, and report
the same without delay ; said committee will also enquire
and report what reduction in the pay and salaries of said
Comptroller and Treasurer, respectively, can be made
consistent with the public service.
Adopted January 3d, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved January 17, 1877.
JAS. D. PORTER,
Oovemor.
NUMBER IV.
Whereas, Section 24 of Article II of the Constitu-
tion of the State declares that "iVb money shall be drawn
from the Treasury but in corkseqaence cj appropriations
made by law;'^ and
Whereas, The evident object of this provision of the
Constitution is to require specific appropriations by the
Legislature for every purpose of the State, in order that
economy may thereby be enforced, and the expenditures
in the various branches of government be properly lim-
ited. Therefore,
Section 1. Be it resolved by the General Assembly
of the State of Tennessee, That the Comptroller, Secre-
tary of State and Treasurer, be and they are hereby
directed to furnish to this General Assembly, either sepa-
rately or in one report, signed jointly by them all, esti-'
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mates of the sums of money necessary to be raised for
the purpose of carrying on the State Government for two
years^ said estimates are to contain an itemized and tabu-
lar statement of the amounts required for each depart-
ment^ and for every purpone thereof, giving the same in
detail and fully, with subdivisions under each head, and
with each item made distinct and separate, or so grouped
that it can be readily understood.
Sec. 2. Be it further resolved, That said report of
estimates for appropriation of the public money shall be
made through the Governor of the State; that His Ex-
cellency be requested to give his approval or disapproval
of the same, to show wherein, if in any respects, the ex-
penditures contemplated by such estimates may be re-
duced or ought to be increased, and to submit fully his
views thereupon.
Sec. 3. Be it further resolved. That the above named
officers are hereby directed to furnish said estimates at as
early a day as practicable, to this General Assembly, to
the end that it may duly and fully consider the same, and
be enabled to make appropriations in accordajice with
the Constitution, and as demanded by the best interests
of the State.
Adopted January 3, 1877.
EDWIN T. TALIAFERRO,
Speaker oj the House of Representativea.
HUGH M. McADOO,
Speaker of the Senate,
Approved January 18, 1877.
JAS. D. PORTER,
Oovemor,
NUMBER V.
Be it resolved. That this General Assembly meet in
Convention in the Hall of the House of Representatives
on the I8th day of January, at 11 o^clock A. m., and pro-
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ceed to the election of Secretary of State, Treasurer,
and Comptroller of the Treasury, and that the election
of said officers be held in the order named herein.
Adopted January 13, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hoiise of JiepreserUatives.
HUGH M. McADOO,
/Speaker of the /Senate.
Approved January 17, 1877.
JAS. D. PORTER,
Governor.
NUMBER VI.
Whereas, Death, the saddest of all visitants, has,
since the meeting of the last Legislature of the State of
Tennessee, taken from our State two of her most distin-
guished sons in the persons of Hon. Andrew Johnson
and Hon. A. O. P. Nicholson. Therefore,
Be it resolved, That two committees of five each be
appointed to draft suitable resolutions and present them
to this House, expressive of the irreparable loss sustained
by the people of our entire State in the death of these
distinguished gentlemen.
Adopted January 10, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentaHvts.
HUGH M. McADOO,
Speaker of the SenaU,
Approved January 19, 1877.
JAS. D. PORTER,
Governor^
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NUMBER VII.
Whereas, The members of the General Assembly
have received intelligence of the death of Mr. Cornelius
Vanderbilt at his home in New York City, on the 4th
day of January, 1877; therefore
1. Resolved by the General Assembly of the State of
Tennessee, That recognizing with gratitude the munifi-
cence of this distinguished citizen to the educational
interests of our State^ the announcement of his death fills
us with sorrow.
2. Resolved, That his memory will be gratefully cher-
iflhed by the citizens of Tennessee.
3. Resolved, That we tender to his family our sympa-
thies in their bereavement.
4. Resolved, That the members of the General As-
sembly accept the invitation communicated by the mes-
sage of Governor James D. Porter, to be present at the
memorial discourse of the Rev. Bishop McTyeire to-
morrow at the Vanderbilt University.
5. Resolved, That these resolutions be entered on the
records of both Houses, and that a copy of them suitably
engrossed be forwarded to the family of the deceased.
Adopted January 10, 1877.
EDWIN T. TALIAFERRO,
Speaker (/ the House of EepreseTUoHieB.
HUGH M. McADOO,
Speaker of the Senate,
Approved January 19, 1877.
JAS. D. PORTER,
Oovemor,
NUMBER VIII.
Resolved by the General Assembly of the State of
Tennessee, That the Fortieth General Assembly having
BOW elected all their State officers, and also their United
States Senators; and whereas, there are now before this
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House at this time 217 House Bills^ House Joint Seso-
lutions 82, House Resolutions 79, the sfime being an ex-
cess of Bills and Resolutions for the limited time for
which this House has been in session ; therefore,
Be it resolved. That this General Assembly adjourn
on Friday, January 26, 1877, and stand adjourned till
10 o'clock, A. M., Monday week following.
'Adopted January 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houae of Bq)re8eiUaiwe$,
HUGH M. McADOO,
Speaker <^ the 8atat$.
Approved January 26, 1877.
JAa D. POETER,
NUMBER IX.
Directory to the Giommittee on the Penitentiary.
1. Be it Resolved by the General Assembly of the
State of Tennessee, That the Standing Committees of the
two Houses on the Penitentiary, be, and they are hereby
instructed to examine into the sanitary condition of the
Penitentiary, and report the condition of the prison with
respect to the health and comfort of the prisoners. Said
committees will also enquire and report whether any
prisoners have been treated with unnecessary or inhuman
rigor; and for the purpose of executing this inquiry, they
may visit the prison, and may send for persons an 1 pa-
pers, and call upon any of the officers of the State for any
information they may be able to furnish in respect to the
matters embraced in this inquiry.
2. Be it further resolved. That the chairman of the
respective committees of each House may appoint such
sub-committees as they may deem proper, to visit the
various places where prisoners are stationed and employ-
ed^ whose duty it shall be to visit and examine fully into
the mode of treatment of such prisoners, and the condi-
tion of the stockades and other buildings and enclosarea
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used for the purpose of securiug the prisoners ; the necea-
sary expenses of said committees to be paid out of the
State Treasury and included in tbe approprijation here-
after to be made for Legislative expenses.
Adopted January 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House cf JRepresentativei.
HUGH M.. McADOO,
Speaker <^ theSenaie,
Approved January 27, 1877.
JAS. D. PORTER,
Oo vert mr ,
NUMBER X.
Whereas, This General Assembly has, with pleasure,
received, through the message of His Excellency, the
Governor, the communication of certain gentlemen, hold-
ers of the bonds of the State, and representatives of hold-
ers of bonds, asking a conference looking'to a permanent
and equitable adjustment and compromise of the claims
held by them against the State ; therefore.
Be it resolved by this General Assembly, That the
Governor be requested to communicate by telegrams or
by letters, with the gentlemen holding securities of the
State, mentioned in his message, and with others holding
bonds of the State, and request them to submit, at the
earliest day possible, through him, to this General As-
sembly, any proposition or propositions of adjustment
and compromise which they may desire.
Adopted January 26, 1877.
EDWIN T. TALIAFERRO,
Speaker <^ the House of SepreserUatives,
HUGH M. McADOO,
Speaker <^ theSenaie.
Approved January 27, 1877,
JAS. D. PORTER,
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NUMBER XI.
Resolved by the General Assembly of the State of
Tennessee, That the Comptroller and Treasurer of the
State are hereby instructed to suspend all further pay-
ments of interest upon State bonds, until otherwise or-
dered, (except that they will continue to pay as hereto-
fore the interest on so many of said bonds as are at this
time owned by the Educational Institutions within the
State.
Adopted January 15, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepresentalMei.
HUGH M. McADOO,
Speaker of the Senate,
Approved February 12, 1877.
JAS. D. PORTER,
Chnemor.
NUMBER XII,
Be it Resolved by the General Assembly of the State
of Tennessee, That a committee of three members on the
part of the Senate and three on the part of the House, be
appointed by the Speakers thereof respectively, to act in
connection with the Attorney General of the State, who
is hereby constituted a member of said committee, for
the purpose of taking into consideration the revision and
amending of the criminal laws and criminal cost, and
they are hereby instructed to report a Bill on the same
to this General Assembly at the earliest day possible.
Adopted January 10, 1877.
EDWIN T. TALIAFERRO,
speaker of the House of Bepreaentativea.
HUGH M. McADOO,
Speaker of the Senate.
Approved February 12, 1877.
JAS. D. PORTER,
Qmvemor.
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NUMBER XIII.
Be it Resolved by the General Assembly of the State
of Tennessee, That the Attorney General of the State be,
and he is hereby instructed to advance the case appealed
from the Circuit Court of Giles county to the Supreme
Court, involving the constitutionality of the " Dog Law,'*
to as speedy a hearing as possible.
Adopted January 25th, 1887.
EDWIN T. TALIAFERRO,
Speaker of the House of Bepresentabwes.
HUGH M. McADOO,
Speaker of the Senate,
Approved February 12, 1877.
JAS. J). PORTER,
Governor^
NUMBER XIV.
Be it resolved by the General Assembly of the State
of Tennessee, That a committee of nine be appointed,
six to be designated by the Speaker of the House of Rep-
resentatives from the members thereof, and three to be
designated by the Speaker of the Senate from the mem-
bers thereof, whose duty it shall be to ascertain aud re-
port at the earliest day practicable.
First, what amount was incurred by the various coun-
ties in the State for juries in civil cases in the Circuit
Courts from January 1, 1876, to January 1, 1877.
Second, what amount was incurred 'by the various
counties of the State in expenses of the Circuit Courts
exclusive of jurors fees, from January 1, 1876, to Janu-
ary 1, 1877.
Third, what amount was incurred by the various coun-
ties of the State in expenses of the Chancery Courts from
January 1, 1876, to Jsfnuary 1, 1877.
That it shall also be the duty of said committee to in-
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vestigate and report to the General Assembly at the ear-
liest practicable day what legislation is proper to reform
the judicial system^ civil and criminal, of the State, that
the same may be more efficient and economical ; and said
committee, if they think proper, may report a bill to the
General Assembly embracing the needed reforms.
Adopted February 5, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House cf BepresentatUm.
HUGH M. McADOO,
Speaker of theSenale.
Approved February 12, 1877.
JAS. D. PORTER,
Oovemor.
NUMBER XV.
Resolved by the General Assembly of the State of
Tennessee, That a committee of two. on the part of the
House, and two on the part of the Senate, be appointed
to investigate the expenditures of the Lunatic Asylum.
Resolved, That the Superintendent of the Asylum be
required to furnish the committee with an itemized ac-
count of the expenditures of that institution.
Resolved, That the committee make their report a«
«oon as practicable.
Resolved, That no appropriation be made for said in-
stitution until the committee have made their report.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO,
Sjpeaker of the Houte of BepreMmltai¥Me,
HUGH M. McADOO,
Speaker <^ the SennOe,
Approved February 15, 1877.
JAS. D. PORTER,
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NUMBER XVI.
Be it resolved by the General Assembly of the State
t)f Tennessee, That the Comptroller of the Treasury be
and he is hereby required at as early a day as practicable
to report to this General Assembly what amount of money
has been paid out of the State Treasury for the last two yeas,
•compensation to special Judges and Chancellors elected
by the bar, or appointed by the Governor on account of
the failure of the regular Judges and Chancellors to at-
tend and hold said courts, or their incompetency to do so
from any cause. He will report the exact amount paid
on account of the failure of each Judge and Chancellor
in the State separately. He will also report what amount,
if any thing, has been paid out of the State Treasury to
attorneys for assisting the regular Attorney General in
prosecution of criminals in this State for the last two
years, and under what authority the same was paid, te
whom paid, the amount so paid, and the particular prose*
tsutions the services were rendered.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO, •
Speaker o/ the House of BepreseniativeB.
HUGH M. McADOO,
Speaker of the SenaU.
Approved February 15, 1877.
JAS. D. PORTER,
Ghoemor.
NUMBER XVII.
Resolved by the General Assembly, That six hundred
tjopies of the report of the Board of Trustees of the Deaf
and Dumb School of this State, be printed for the use of
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the institution, and two hundred copies for the use of
the House and Senate.
Adopted February 5, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the H<mM of Bfpreaantaii^^
HUGH M. McADOO,
Speaker of Hie Senate^
Approved February 16, 1877.
JAS. D. PORTER,
Oovemart-
NUMBER XVIII.
Resolved by the General Assembly of the State of
Tennessee, That a committee of two on the part of the
Senate and three on the part of the House of Repre-
sentatives, whose duty it shall be to examine into the
offices of the Comptroller, Treasurer, and Secretary of
State, and report as soon as practicable what has been
the annual income for the last four years to the incum-
bents of said offices in the way of salaries and perquisites,
and what reductions can and ought to be made in the
salaries and fees now allowed by law to said officers.
Said committee shall have power to send for persona
and papers, and to examine the present and previous oc-
cupants of said offices.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreseaUUives,
HUGH M. McADOO,
Sjpeaker of the SenaJle.
Approved February 23, 1877.
JAS, D. PORTER,
Oovenur.
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NUMBER XIX.
Besolntion as to the punching or cancellation of the bonds of Tennessee.
Whereas, By an act of the Legislature of the State
of Tennessee, entitled "An Act for the payment of the
State debt/' passed January 20, 1870, the third section
of which act provides " that when any company under
the provisions of this act shall pay into the Treasury of
the State, bonds which have been issued by the State to
said company, the said bonds shall be cancelled, but
should any company, in discharge of its own debts, pay
into the Treasury any bonds that were issued to otner
-companies that may be indebted to the State, such bonds
so paid in shall not be cancelled, but shall be held by the
State as purchased bonds, retaining a lien for the State
upon the road to which said bonds were originally issued •
until the debt of said road to the State shall be fiiUy dis-
•charged, when the bonds so held shall be cancelled, etc.;
and, .
Whereas, By an act of the Legislature of Tennes-
see, passed November 17, 1871, the first section of said
act provides, that section 2 of the act of the 20th of Jan-
uary, 1870, be so amended as that all the bonds and cou-
pons of the State of Tennessee retired by railroads under
the various acts of the General Assembly of the State,
or which have been paid to the Comptroller by the pur-
<5hasers of delinquent railroads, or that may have come
into the hands of the Comptroller from any source, shall
be mutilated by a punch or perforation through the face
of said bonds and coupons, which mutilation shall be no-
tice to all the world that said bonds and coupons are
worthless for all purposes, except to the State of Tennes-
see in establishing and enforcing any lien which the State
may have acquired by the issuance of its bonds in aid of
railroads. The second section of said act pro\rided for
a committee of five on the part of the House, and three
on the part of the Senate, to carry out the provisions of
the 1st section of said act. The 3d section of said act
provides that any bonds which may be received by the
Comptroller after the discharge of the committee pro-
vided for in the 2d section of said act, shall be, when re-
ceived, mutilated, as provided for in the 1st section of
said act, by the Comptroller, Secretary of State, and
Treasurer, in the presence of the Governor; and,
Whereas, On the 15th day of December, 1871, an
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act was passed repealing so much of said act passed the
17th day of November, 1871, as required the bonds of
Tennessee to be cancelled by a committee of the Legis-
lature, and amending said act so as to require the Secre-
tary of State, Comptroller and Treasurer, in the presence
of the Governor, to cancel all bonds that may remain
uncancelled at the time of the adjournment of that Gen-
eral Assembly, as is by that act prescribed for the can-
cellation of bonds that may be paid in after the adjourn-
ment of said Legislature ; and.
Whereas, Comptroller Gaines, in his letter of the
day of , 1876, addressed to the Hon. J. E. R.
Ray, discloses the fact that some of the bonds of the
State of Tennfessee had been hypothecated by his prede-
cessor in office, in the city of New York, for the loan ot
money, which bonds had been paid into the Treasury ot
the State of Tennessee under the laws of the State as
aforesaid, and should have been cancelled or punched, as.
provided by law; therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That a committee of thrte on the part of
the House, and two on the part of the Senate, be ap-
pointed to investigate and see whether the various acta
of the Legislature of Tennessee relating to the canoella-
tion of bonds have been faithfully complied with : they
will ascertain what amount of bonds have been or should
have been paid into the Treasury of the State since the
17th day of November, 1871, from what source received^
and the amount ; whether any of said bonds have been
hypothecated, if so, by whom and for what purpose, and
under what law ; whether any of said bonds or coupons
have been withdrawn from the Treasury for any purpose,
if so, by whom, at what time, and for what purpose^
Said committee shall have power to send for persons and
papers, and examine them under oath. They may hold
their sessions during the sitting of the Legislature, if
desired. They will make their report at the earliest day
practicable to this Legislature.
Adopted February 8, 1877.
EDWIN T. TALIAFERRO,
Speaker of the JSimse of Representatives^
HUGH M. McADOO,
Speaker of the Swwde^
Approved February 23, 1877.
JAS. D. PORTER,
Oov&moT^
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NUMBER XX.
Whereas, There is to be held in Paris, France, in
the year 1878, a World^s Fair ; and.
Whereas, It is of great importance to the people of
tjiis State that Tennessee should be properly represented
at the said exposition, and that its agricultural; mineral
and manufactured productions should be prominently
placed on exhibition there, so as to make known our
great resources abroad ; therefore.
Be it resolved by the General Assembly of the State
of Tennessee, That the Governor of this State is hereby
authorized to appoint three or more citizens from each
grand division of this State as commissioners to repre-
sent Tennessee at the World^s Exposition to be held in
Paris, France, in the year 1878; Provided, the State of
Tennessee shall not incur any charge or expense by rea-
8on of said representation.
Adopted February 14, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of JRepreserUcUivei.
HUGH M. McADOO,
Speaker of the Senate,
Approved February 23, 1877.
JAS. D. PORTER,
NUMBER XXL
Whereas, The act of 1871, chapter 81, provides that
the lessees of the penitentiary were to continue the work
on the capitol grounds at the same rates charged by the
inspectors in the monthly estimates furnished the Comp-
troller previous to the lease of the penitentiary in 1871,
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and that no charges therein estimated for said works
shall be allowed or estimated ; and,
Whereas, The act of 1873, chapter 37,. section 3,
provides that the Superintendent of Frisons may expend
upon the capitol grounds an amount annually not to ex-
ceed the amount agreed to be paid by the lessees of the
penitentiary annually for convict labor, unless the com-
missioners or supervisors, for the protection of the work
already done, shall order otherwise, and provided said
additional amount shall not exceed one thousand dollars >
therefore,
Resolved by the General Assembly of the State of
Tennessee, That the Joint Committee on Public Grounds
and Buildings are hereby directed to examine and report
upon the following matters :
1st. Has the work upon the capitol grounds, since the
lease of the penitentiary in 1871, been performed upon
the same terms charged by the inspectors in the monthly
estimates made to the Comptroller? They will compare
the account between the State and the lessees of the pen-
itentiary in regard to the capitol ground improvement,
with the report of inspectors, referred to above, and see
whether the contract has been fully complied with in all
particulars.
2d. Has the act of 1873, chapter 37, been fully com-
plied with in all its provisions, and if notj they will re-
port fully the particulars wherein it has failed to be com-
plied with. Said committee shall have power to send for
persons and papers, and to take evidence if necessary.
Adopted March 7, 1877.
HUGH M. McADOO,
Speaker of the Senait,
EDWIN T. TALIAFERRO,
Speaker of the House of HepretenUUives,
Approved March 12, 1877.
JAS. D. PORTER,
Oovemor.
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NUMBER XXII.
Whereas, The General Assembly has adopted, by
the two Houses thereof, a resolution providing for a com-
mittee to go to the city of New York to meet and con-
sult with the gentlemen mentioned in the Governor's
message, or other interested parties, looking to the settle-
ment of the indebtedness of the State of Tennessee ; and
Whereas, It is the sense of this General Assembly
that the powers and authority of said commission should
be definitely defined. Therefore,
Be it resolved, That said Committee, as soon as organ-
ized, shall open communication with Geo. S. Coe, J. A.
Vermilye, B. B. Sherman, B. B. Comegys and Enoch
Pratt, the gentlemen mentioned in the message of the
Governor, or any other interested parties, and advise
them of this appointment, and the purpose thereof, and
proceed to the city of New York as soon as a time for
a meeting can be arranged between the parties.
Resolved further. That said committee is authorized
to confer fully and freely with the gentlemen aforesaid,
or other persons holding State bonds, or authorized to
make propositions for compromise on behalf of bond-
holders as to the indebtedness and ability of the State to
pay ; and to receive and transmit to this General Assem-
bly all propositions for compromise made by the gentle-
men aforesaid, or which other bondholding creditors of
the State may think proper to make : Provided, how-
ever, that no proposition submitted by the holders of
Tennessee securities shall have any force or effect, or be
in any way binding upon the State of Tennessee, until
the same be submttted to and approved by this General
Assembly, and receives the signature of the Governor :
And provided further, that the committee appointed on
the part of the State, by this General Assembly, are not
authorized, empowered or instructed to make with the
gentlemen aforesaid any proposition for the compromise
of the indebtedness of the State, or any terms by which
this General Assembly or the State of Tennessee is to
be bound or held liable for.
Resolved, That this House proceed to elect imme-
diately three members thereof, one from each Grand Di-
vision of the State, to serve on the joint committee pro-
vided for in Senate Joint Resolution No. 40; and that
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two members of the Senate be elected or appointed, as
they may determine, to serve on said joint committee.
Resolved further. That the compensation allowed said
committee, in addition to their per diem as members of
this General Assembly, shall not exceed the actual ex-
penses necessary in carrying out the purposes for which
said committee is appointed.
Adopted March 2d, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hov^e of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 5, 1877.
JAS. D. PORTER,
Governor.
NUMBER XXIII.
Resolved by the General Assembly of the State of
Tennessee, That one thousand copies of the report of
the Superintendent of Prisons, together with accompany-
ing documents, be printed for the use of the members of
the Senate and House.
Adopted March 3d, 1877.
EDWIN T. TALIAFERRO,
Speaker of the HouLse of Representatives.
HUGH N. McADOO,
Speaker of the Senate.
Approved March 6, 1877.
JAS. D. PORTER,
Oovemor.
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NUMBER XXIV.
Whereas, James O. OsHd, Clerk of the County Court
of Rutherford county, certifies, under the seal of his
office, that the County Court of said County, at its July
term, 1875, made an order allowing John B. Johns, Rev-
enue Collector for said county, credit on account of erro-
neous assessment for the years 1872 and 1873, and
further certifies that the State tax in said allowance is
seventy-six and 78-100 dollars, for which sum said Johns
is entitled to credit in settlement with the Comptrolter of
tbe State ; and
Whereas, The Comptroller's books show that the
said John B. Johns has settled in full with the Comp-
troller. Therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That the Comptroller of the Treasury be
hereby instructed to issue his warrant for the sum of
seventy-six 78-100 dollars to John B. Johni^, of Ruther-
ford county, for excess, of State tax paid by said John
B. Johns.
Adopted March 16, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House ^f BepreterUative$.
HUGH M. McADOO,
Speaker of the SevuUe,
Approved March 19, 1877.
JAS. D. PORTER,
Governor.
NUMBER XXV.
Resolved by the General Assembly of the State of
Tennessee, That fifteen hundred copies of the report of
the Trustees of the East Tennessee University State
Agricultural G)llege, located at the city of Knoxville,
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be printed for the use of said University^ and that each
member of the Fortieth General Assembly be furnished
with five copies of said report out of said fifteen hundred
copies.
Adopted March 22, 1877.
EDWIN T. TALIAFERRO,
Syeaker of the Hotise of JRypresentatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemar.
NUMBER XXVI.
Be it resolved by the General Assembly of the State
of Tennessee, That the Fortieth General Assembly of
the State of Tennessee do adjourn sine die on March 27,
1877, Tuesday, 6 o^clock p. m.
Adopted March 27, 1877.
EDWIN T. TALIAFERRO,
Speake7' of the Souse of Representatives.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 27, 1877.
JAS. D. PORTER,
(jovemor.
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NUMBER XXVII.
Resolved; That in token of our admiration for the
late illustrious President^ James K. Polk^ the members
of this General Assembly shall at an early day visit in a
body his worthy widow, and that Mr. Speaker McAdoo
and Mr. Speaker Taliaferro be requested to ascertain
what time will suit Mrs. Polkas pleasure for said visit.
Adopted February 28, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the Houm of BepreserUcUiveB.
HUGH M. McADOO,
Speaker ef the Sefnate,
Approved March 3, 1877.
JAS. D. PORTER,
Oovemcr,
NUMBER XXVIII.
Whereas, In conformity to an Act passed March 21,
1873, authorizing the sale of the State's interest in turn-
pikes and plank roads, the Secretary of State sold the
State's interest in the Nashville, Murfreesboro and Shel-
byville turnpike road to the stockholders of the same for
the sum of ten one thousand dollar State bonds ; and
.Whereas, The said stockholders have paid five of
said bonds, and are now ready to pay the balance due
thereon. Therefore,
Be it resolved by the General Assembly of the State
of Tennessee, That the sale of the State's interest in the
Nashville, Murfreesboro and Shelbyvillfe turnpike com-
pany to the stockholders of said company at the price of
ten thousand dollars in the legal bonds of the State be
confirmed. And upon said turnpike company comply-
ing fully with the terms of said sale by paying to the
State the balance of purchase money due thereon, all the
rights, title, claims and interest of the State in said turn-
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pike road is hereby vested in and transferred to said
turnpike company: Provided, that the claim of the
State against the Nashville and Chattanooga Railroad
Company, directed to be sued on by House Joint Reso-
lution No. 60, and adopted March 5, 1875, and approved
March 12, 1875, shall not be included in said sale, but is
hereby specially excluded from said sale and conveyance.
Adopted March 15, 1877.
EDWIN T. TALIAFERRO,
Speaker of the JETouse of Bepresentadves.
HUGH N. McADOO,
> Speaker of the Senate.
Approved March 27, 1877.
JAS. D. PORTER,
Oovemar.
NUMBER XXIX.
Resolved by the General Assembly of the State of
Tennessee, That the Comptroller is hereby directed to
issue his warrant to C. L. Anderson, Sheriff of Shelby
county, for the sum of fifty-five dollars, for money ex-
pended. by him, and compensation for pursuing and cap-
turing Robert Drury, the murderer of Gibson, Deputy
U. S. Marshall, late of Shelby county.
Adopted March 16, 1877.
EDWIN T. TALIAFERRO,
Sjpeaker of the House of BepreaentatweB.
HUGH M. McADOO,
a^peaker of the SemOe.
Approved March 17, 1877.
JAS. D. PORTER,
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NUMBER XXX.
Whereas, by act of the General Assembly, passed
December 14, 1871, and approved December 14, 1871,
the county of Moore was established, and W. I. Taylor
was elected Tax Collector for said county of Moore for
the year 1872, and did proceed to collect the State and
county taxes for that year, and pay the same. State as
well as county taxes, into the county treasury instead of
paying the State taxes over to the Comptroller ; and.
Whereas, this was done under the supposed authority
of the 11th section of the aforesaid Act, passed Decem-
ber 14, 1871, and the State taxes for that year were re-
tained by the order and direction of the County Court
of the said county of Moore, under the supposed author-
ity of the aforesaid section of the aforesaid Act of As-
sembly; now, therefore,
Beit resolved by the General Assembly of the State
of Tennessee, That the Attorney General be and he is
hereby directed to dismiss a suit now pending in the Su-
preme Court of this State, brought by Comptroller Gaines
against the said W. I. Taylor, Tax Collector of Moore
county for 1872, for the recovery of $3430.79, the amount
of State taxes collected by said Taylor for 1872, and paid
over to the county authorities of Moore county, said suit
having been appealed from the Circuit Court of Moore
county to the Supreme Court of the State.
Be it further resolved, That the Comptroller is hereby
directed to close the account on his books against the
said W. I. Taylor, Revenue Collector for Moore county
for the year 1872, in accordance with the above resolu-
tion.
Adopted March 22, 1877.
EDWIN T. TALIAFERRO,
Speaker <4 the Houae of BepresenUUweB,
HUGH M. McADOO,
' Speaker of the SeruOt.
Approved March 26, 1877.
JAS. D. PORTER,
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NUMBER XXXI.
Whereas, at the Thirty-ninth General Assembly of
Tennessee resolution No. 52 was adopted, providing that
the Governor of the State of Tennessee be authorized tp
send commissioners, to be appointed by the Governor, to
the city of Paris, France, to represent the State in . the
Geographical Congress and Syndicate of Trades ; and,
Whereas, in pursuance of said resolution His Excel-
lency Jas. D. Porter did accordingly appoint as delegates
from the State of Tennessee Albert Akers, of Davidson
county, and Bronson Bayliss, of Shelby county; and.
Whereas, in pursuance of said appointment of his
Excellency, the Governor of Tennessee, said commission-
ers proceeded to Paris at their own expense (the State
making no provision to defray their expenses), in May,*
1876, and were present at the sitting of the Geographical
Congress, Scientific Congress, and Syndicate of Trades,
exporting at their own expense specimens of the mineral
resources and products of Tennessee, including cotton,
iron ore, coal, marble, etc.; and.
Whereas, said Bronson Bayliss and Albert Akers
presented to the said Geographical Congress maps, charts,
and topographical surveys of said State, including maps
of the cities of Memphis and Nashville*, tending to show
to the old world that we had on this side of the Atlantic
a State almost as large as France, rich and productive,
capable of supporting a population equal, if not superior,
to any portion of constitutional Europe; and.
Whereas, said commissioners, Albert Akers and
Bronson Bayliss, as evidence of theim mission, obtained
for the State of Tennessee a diploma and medal from
said Congress; therefore.
Resolved by the General Assembly of the State of
Tennessee, That the thanks of this body and of the State
are due to the said Albert Akers and Bropson Bayliss
for their faithful and patriotic services as commissioners
at said Congress, and that they have contributed much
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to the interest of the State of Tennessee and the Souths
and are deserving of the highest commendation.
Adopted March 24, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Home cf IUpre9enU0ioe$,
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
Oovemot.
NUMBER XXXII.
Be it resolved by the General Assembly of the State
of Tennessee, That the Comptroller is hereby authorized
and instructed to enter a credit on his books in favor of
J. J. Fink for the sum of $400, this being the amount of
which he was robbed.
Adopted March 22, 1877.
EDWIN T. TALIAFERRO,
SpeakO' of the House of BepresenkUi/im.
HUGH M. McADOO,
Speaker of the Senate.
Approved March 26, 1877.
JAS. D. PORTER,
CrMW^nOf'*
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SENATE RESOLUTIONS.
NUMBER I. ^
Resolved^ That the Speaker of the Senate be requested
to invite the clergymen of the city to be present and open
the daily sessions with prayer^ under such arrangements
«s these gentlemen may find most convenient.
HUGH M. McADOO,
Speaker f^ the SmaH.
NUMBER IL
Resolved^ That the Speaker of the Senate appoint one
porter for this* body ; that the porter receive sixty dollars
per month for his services, and that during the recesses
of the Senate said porter be under the direction of the
Superintendent of the Capitol^ who shall be held respon-
sible for the fiiithfiil performance of his duties.
HUGH M. McADOO,
/Speaker of the SenaU.
NUMBER ni.
Resolved by the Senate, That all bills be referred to
the proper standing committee on first reading, unless the
second reading be called for by any Senator, in which
case the bill shall be read twice before being referred.
HtJGH M. McADOO,
Speaker of (he Semk.
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NUMBER IV-
Resolved^ That the Judiciary Committee be iDstructed
to report to the Senate^ at as early a day as convenient^
whether or not it would be lawful for the Legislature to
make silver a legal tender for the payment of debts in
Tennessee.
HUGH M. McADOO,
Speaker nf the Senate^
NUMBER V.
Rtesolved^ That one hundred copies of the list of the
Standing Committees be immediately printed for the use
of the Senate.
HUGH M. McADOO,
Speaker -of the Senate.
NUMBER VI.
Resolved, That the Judiciary Committee be instructed
to inquire and report to the Senate whether any cases in
whicn the State of Tennessee is a party, either in interest
or otherwise, are pending in the Federal Courts, and es-
pecially in the Supreme Court of the United States at
Washington ; the number of such cases and the matters
involved therein ; and whether anv provision has been
made by law for the management of the same ; and what
steps are necessary to provide for the prosecution or d^
fense of such suits ; with authority to report a bill.
HUGH M. MoADOO,
Speaker of the SefwUe^
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NUMBER VII.
Eesolved by the Senate, That in consideration of the
death of Cornelius Vanderbilt, and as an evidence of
respect for his memory and appreciation of the eminent
service he has rendered the educational interest of the
people of Tennessee, that the Senate adjourn until 10
o'clock Monday morning.
HUGH M, McADOO,
Speaker of the Senate.
NUMBER VIII.
Resolution to execute Besolution No. 16.
Resolved, That the Sergeant-at-Arms be ordered to
draw from the Treasury an amount of money not exceed-^
ing $100, for the purchase of Stamps, under the Resolu-
tion of Senate No 16, for the purpose of distributing
among the people the Comptroller's Report of January
1, A. D. 1877, on the financial condition of the State, and
other documents, &c., in pursuance of Resolution No. 16.
Adopted January 26, 1877.
HUGH M. McADOO,
Speaker of the Senate,
NUMBER IX.
Besolution in lieu of Senate Besolution No. 7.
Resolved, That the Speaker appoint a committee of
five members of the Senate, who shall be charged with
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the duty to examiDe and report by Bill or otherwise,
upon the subject of retrenchment oi salaries and fees of"
public officers, and cost of proceedings in the civil and
criminal courts of the State^ and before Justices of th&
Peace.
Adopted January 9, 1877.
HUGH M. McADOO,
tweaker of the SenaJte.
NUMBER X.
Reported by Judiciary Committee in lieu of Senate Joint Besola-^
tioh No. 10.
Resolved, That the Judiciary Committee of the Senate-
be directed to take into consideration and report as early
as convenient, by bill or otherwise j such reform in the
Judicial Circuits as it may deem best calculated to eicpe-
dite the administration of justice in the State, and lessen
the expense thereof.
Resolved further, That all bills originating in this
House, or coming here from the House of Representa-
tives, bearing upon the subject of reform in our judicial
system, be referred to said committee.
Adopted January 9, 1877.
HUGH M. McADOO,
Spedker of the Senate.
NUMBER XI.
Whereab, The Governor of the State, with a view ta
ih^rocurement of statistics and information in regard to-
ihebusiness of the several Courts of the State, necessary
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for the action of jbhe General Assembly, has caused a cuv
cular to be addressed to the various Clerks of the several
Courts of this State ; and whereas, many of the Clerka
have fidled to respond to the same, whereby this body ia
deprived of the means of intelligent action ; therefore,
jBe it Resolved by the Senate of the General Assembly
of the State of Tennessee, That the Gt)vernor be requested
to renew his demand upon the several Clerks who have
not already answered fully to his demands, and that he
communicate to the Senate the information already re-
ceived, and such further information as he may hereafter
receive from time to time.
Be it further Bpcsolved, That all the Clerks who have
not sent in the desired information, be requested to for-
ward at once the data asked for by the Governor.
Adopted January 19, 1877.
HUGH M. McABOO,
Speaker of iht SmaiB.
NUMBER XII.
Whebeas, It takes up too much time in calling the
Districts for Bills ; therefore.
Be it Resolved, That the rule requiring the calling of
the Senatorial Districts for Bills, be, and the same is
hereby abolished, and the old rule upon the subject is
revived and adopted.
Adopted February 13, 1877.
HUGH M. McADOO,
Speaker <f theSeiwU.
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NUMBER XIII.
Resolved^ That the Committee on Public Printing be
instructed to report, by bill or otherwise, the proper
mode of supervismg the printing and indexing the Acts
and Journals of the Legislature, and the amount to be
paid for the same.
Adopted February 16, 1877.
HUGH M. McADOO,
Speaker <^ iheSenaU,
NUMBER XIV.
Resolved, That hereafter the sessions of the Senate
shall — unless otherwise ordered — begin at 10 A. M., and
continue to 1:30 p. m.
Adopted January 24, 1877.
HUGH M. McADOO,
Speaker of theSenaU.
NUMBER XV.
Resolved, That there be printed twenty-five hundred
copies of the Report of the Comptroller, for ^distribution
by Senators among their constituents, and in order that
the people may be informed of the financial condition of
the Government of the State.
2. And further Resolved, That the Sergeant-at-Arms
procure for the use of the Senators, postage stamps, to be
employed in the distribution by mail among the people
of the State, the Comptroller's Report, and other docu-
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ments^ papers and letters^ relating to the affairs and in-
terests of the State, in regard to which measures are or
may be pending in the General Assembly.
3. Resolved, That the Sergeant-at-Arms keep an ac-
count of the stamps furnished each member, ana file the
same in the oflSce of the Comptroller.
Adopted January 24, 1877.
HUGH M. McADOO,
Sipeaher of the SmuO*.
NUMBER XVI.
Resolved, That the Warden and Assistant Warden of
the Penitentiary are hereby directed to furnish, at their
earliest convenience, to the Senate, a report showing :
1. The number of convicts in the Penitentiary.
2. The annual average number of convicts suitable for
mining purposes, and average price per day hire which
can be realized on the same, the hirer or lessee paying
all expenses of guarding, clothing, feeding, etc.
3. The number of convicts employed in the various
shops connected with the Institution, and their average
price per day which can or ought to be realized for the
same, the hirer paying all expenses of guarding, clothing,
feeding, etc.
4. The number of convicts suitable for farm hands,
and average price per day which can or ought to be re-
alized for the same, thb hirer paying all expenses for
feeding, guarding, clothing, ect.
5. What has been, for the year 1876, the number of
Wagons manufactured in the shops, and net profit on the
same to the lessees, and also the value of all other manu-
factured articles in the Penitentiary, and net profits on
the same to the lessees.
6. What number of convicts were employed in mining
during the year 1876.
7. Also whether, in their opinion, it is to the interest
of the State to lease altogether, or to lease the shops,
mining and farm hands separately, and their reasons
therefor.
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8. Resolved^ That the Sergeant-at-Arms deliver a copy
of the foregoing resolutions to the Warden and Assistant
Warden immediately.
Adopted March 2, 1877.
HT7GH M. McADOO,
Sfjpeaker of the Senate.
NUMBER XVII.
Resolved by the Senate, That the Committee on Pub-
lie Grounds and Buildings be required to ascertain the
amount of expenditures necessary to a completion of the
Capitol grounds ; to learn the probable cost of the same ;
the amount due by the State to the present lessees of the
Penitentiary for work already done, if any, and if so,
how much ; and also, whether the work on said grounds
should be suspended or completed; said committee to
report at as early a day as practicable.
Adopted March 5, 1877.
HUGH M. McADOO,
Speaker of the Senate,
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HOUSE RESOLUTIONS.
NUMBER L
Resolvedy That the thanks of this House be and are
hereby returned to the Nashville Daily American for it«
fall, able and satisfactory report of yesterday's proceed-
ings of the Tennessee Legislature, and the Nashville
Daily Banner for its complimentary distribution of pa-
pers to the members of this body.
Adopted January 2, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of RepresentaHvee^
NUMBER II.
Resolved, That the Comptroller and Treasurer of the
State be requested to furnish to the House of Represen-
tatives, at the earliest practicable moment, all the infor-
mation in the possession of them, or either ot them,
showing who are the owners of the State bonds of Ten-
nessee, and the amounts owned by each, and the resi-
dence of the respective owners.
Adopted January 2, 1877.
:EDWIN T. TALIAFERRO,
Speaker of the House of Rqyresentatioee,
NUMBER III.
Resolved, That the Speaker of the House appoint a
committee of three of the members of the House to wait
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upon the ministers of the gospel of the different denom-*
inations in the city and Edgefield^ and request them to
open the House each morning with prayer.
Adopted January 2, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of SepresentoHvea.
NUMBER IV.
Resolved by the House of Representatives of the State
of Tennessee, That two hundred copies of the list of
committees appointed by the Speaker be printed for the
benefit of the members of this body.
Adopted January 4, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of MepresentabiveB,
NUMBER V.
Resolved, That the Doorkeeper be instructed and au-
thorized to procure a bulletin board, on which the chair-
man of each standing committee shall post calls for the
meeting of his committee.
Adopted January 5, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hou^e of BepreserUaii/ves.
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NUMBER yi.
Whekeas, The splendid portrait of President An-
drew Jackson^ now in the Executive office^ was presented
to the State by Mrs. Adelicia Cheatham, wife of Dr. -W.
A. Cheatham ; therefore,
Resolved, That the thanks of the General Assembly
of Tennessee are hereby tendered to Mrs. Cheatham for
the valuable present.
Adopted January 5, 1877«
EDWIN T. TALIAFERRO,
Speaker of ths Souse of Bepresentativei,
NUMBER yil.
Hbuse Besolution confirming the action of the Speaker in appoinftiHg
two porterf for ihe House.
Whebeas, It became necessary to have two porters
to serve this House; and,
Whebeas, The Hon. E. T. Taliaferro, Speaker, has
heretofore appointed such porters ; therefore.
Be it resolved. That the action of the Speaker in the
premises be confirmed.
Adopted January 6, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Souse of Representatives.
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NUMBER VIII.
Eesolved by the House of Representatives^ That
Charles C. Plummer be appointed Assistant Clerk, who
shall serve during the absence of Mr. Sherrill, absent on
account of illness.
Adopted January 8, 1877.
EDWIN T. TALIAFERRO,
Speaker of the JSuuae of Hepreseniaiives*
NUMBER IX.
Resolved by the House of Representatives of the State
of Tennessee, That two hundred copiesof the joint rules
adopted for the government of the House and Senate
when in joint convention, be printed for the use of the
House.
Adopted January 8, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Souse of liepresentaiivei.
NUMBER X.
Resolved, That the Clerk of the House be required
to place on the desk of each member of the House on
Monday of each week, a printed calendar of the busi-
ness of the House, for their information and guidance.
Adopted January 18, 1877.
EDWIN T. TALIAFERRO,
iS^eaker of the House of Hq^resentativea.
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NUMBER XI.
Kesolved by the House of Representatives^ That the
Speaker is hereby authorized to appoint a Journal Clerk
during the election of State officers.
Adopted January 18, 1877.
EDWIN T. TALIAFERRO,
SpeahtT of the JEovse of RepreaentativtB.
NUMBER XII.
Be it resolved by the House of Representatives, That
in addition to the Standing Committees already appoin-
ed, a committee of four members be appointed as a Com*
mittee on Public Printing.
. Adopted January 22, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
^NUMBER XIIL
Whebeas, It has pleased 4he Supreme Architect of
human fortunes to bereave our fellow-member, the Hon.
W. P. Tolley, of the county of Lincoln, in the death of
his wife, since the last adjournment of this Body ; and
Whereas, In moments of affliction, and sorrow it is
meet to extend a tribute of sympathy and condolence.
Therefore,
Be it resolved by the House of Representatives, That
we extend to our fellow member, Mr. Tolley, in his deep
sorrow and bereavement our truest sympathy and condo-
lence^ and commend to him the comforting assurance
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that after death the pleasing associations of this life maj
be renewed to grow brighter and brighter throughout a
blissful eternity.
Be it further resolved, That these resolutions be spread
npon the Journal of the House, and that a copy of them
be sent to our bereaved member.
Adopted January 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of ike Hmiae of Bepresefntatmies,
NUMBER XIV.
Besolved by the House of Representatives of the State
of Tennessee, That the Clerk is hereby directed to pre-
pare a roster of the officers and members of the House,
stating age, occupation, postoffice and county, for the use
of the officers and members of the House, and have two
hundred copies of said roster printed.
Adopted February 5, 1877.
EDWIN T. TALIAFERRO,
Speaker of ih/e Heme ^ EtpresentaUves,
NUMBER XV.
Be it resolved by the House of Representatives, That
hereafter, when this House adjourns for the day, that it
shall adjourn to meet at 9 o^clock on the day following,
except on Monday mornings.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO,
Sjpeaker tf the House of B^eaenUitivei.
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NUMBER XVI.
Resolved, That the Comptroller be and he is hereby
ordered and directed to issue his warrant, payable to the
Sergeant-at-Arms, for an amount not exceeding ^ix dol-
lars for the us«^ of each member of the House for the
purpose of buying postoffice stamps, to be used by the
members exclusively to pay postage on public documente
to be sent to their constituents.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO,
Speaker qf (Ac JEToKse <^ BqireamkUkm.
NUMBER XVII.
Whebeas, It is a general rule of law that bonds and
notes do not bear legal interest during the time of war ;
and
Whebeab, It is believed that a large amount of in-
terest accruing on the bonds of the State was by mistake
wrongfully charged and funded under the provisions of
the Act known as the funding bill, passed in 1873,
Resolved, therefore. That a special committee of three
be appointed by the Speaker to inquire and report to the
House for information and further action, the amount of
interest accruing on the bonds of the State during the
time of the late civil war, and which has been funded.
Adopted February 7, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the Houee q^ BqireeeiUaime,
18
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NUMBER XVIII.
Resolved, That the report of the Trustees of East
Tennessee University be printed, 2,000 copies with the
Governor's messaee/ and 500 copies of said publication
be furnished the University for distribution among the
people.
Adopted February 8, 1877.
EDWIN T. TALIAFERRO,
Speaker <^ the House of ItepreeeniaUieee,
NUMBER XIX.
Resolved by the House of Representatives of the State
«f Tennessee, That the Judiciary Committee be and are
hereby instructed to consider and report as soon as prac-
ticable, whether it would be proper and expedient for
this General Assembly to submit to the people at the
August elections, 1878, or at any other time, the ques-
tion of calling a convention to alter, reform, or abolish
the present Constitution.
Adopted February 12, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houae of RepreemUatme,
NUMBER XX.
Resolved by the House of Representatives, That when
the regular order of business is reached upon each day,
the Clerk shall commence where he left off on the pre-
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ceding day^ until he has gone through with the whole
order, unless otherwise ordered by the House.
Adopted February 13, 1877.
EDWIN T. TALIAFERRO,
Speaker cf the Shuae of Bepreaeniatkee,
NUMBER XXI.
Be it resolved by the House of Representatives, That
in all debates upon resolutions or bills prior to their pass-
age on the third reading, the mover of the resolution or
author of the bill, as the case may be, shall have the
right to close the debates thereon, and no call for the
J)revious question or other motion shall cut off and de-
eat this right in the mover or author of a measure
against his wish.
Adopted February 13, 1877.
EDWIN T. TALIAFERRO,
l^peaker (^ ike Bauae ff Bepreeentaiieee.
NUMBER XXII.
Resolved, That the principal Sergeant-at-Arms of this
House be and he is hereby instructed to distribute to the
members of this House all the public documents ordered
by this House to be printed for the benefit of its mem-
berd, as soon as such documents come into his possession,
in proportion as the number published is to the number
of members of this House.
Adopted February 14, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Home cf Bepreamiaimeie.
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NUMBER XXIII.
Whereas, A committee has heretofore been appointed
hj the House upon the subject of redistricting the Stat^
Judicially; and.
Whereas, It is highly necessary that all the informa-
tion relative thereto possible to be had should be obtained
on this important matter; therefore,
Be it resolved, That the Bar in each county of the^
State be and the same are hereby solicited at the earliest
monvent practicable to communicate with such committee
either by sending up a representative hither, or by letter
or memomorial.
Adopted February 14, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Repreaentatioei.
NUMBER XXIV.
Resolved, That the Speaker of the House be author-
iised to appoint a committee consisting of five membera
whose duty it ^hall be to take into consideration the way
and manner the expenditures and appropriations of the
various County Courts throughout the State can be^ less-
ened and curtailed, to whom all matters germain to thi»
subject shall be referred, said committee being directed
when constituted to prepare and report to this House
such bill or bills as may oe deemed suitable and proper
to carry out the purposes of this resolution.
Adopted February 14, 1877.
EDWIN T. TALIAFERRO;
Speaker rf ih$H<miei^ E&pftMnUUmm.
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NUMBER XXV.
Whereas^ The Comptroller has in his estimates for
the disbursements for the year 1877 included in the same
an item of $6,000 for Executive expenses, one item of
^6,000 for Supreme Court expenses, and it is not shown
what are the expenses intended to be covered by these
items; therefore,
Be it resolved by the House of Representatives, That
it is hereby made the duty of the Comptroller to report
to this House the items for which such expenditures are
to be made.
Adopted February 14, 1877.
EDWIN T. TALIAFERRO,
Speaker of th€ Home cf JBepreMntatHwt.
NUMBER XXVI.
Resolved by the House of Representatives of the State
of Tennessee, That hereafter where any House Resolu-
tion or House Joint Resolution shall be passed calling
upon any of the State officers for any information in re-
lation to the affairs and conduct of their respective offices,
it shall be the duty of the Engrossing Clerk of the House
to furnish such officer with a copy of such resolution im-
mediately upon its passage or approval, as the case
may be.
Adopted February 17, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of RepreseniaiiveB^
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NUMBER XXVII.
Be it resolved by the House of Representatives of the
Fortieth General Assembly of Tennessee, That it shall
be the duty of the Principal Clerk of the House to enter
on the Journal the title m full of every bill introduced
at the time of its introduction.
Adopted February 20, 1877.
EDWIN T. TALIAFERRO,
Speaker ff the Home q^ BepitemkUinfee.
NUMBER XXVIII.
Whereas, A wide difference of opinion exists ns to*
the rental value of Staters prison, its machinery, labor^
etc.; therefore.
Be it resolved by the House of Representatives of the
General Assembly of the State of Tennessee, That the
Superintendent and the Warden of the penitentiary be
requested to furnish to this House, for its information,
Ist. The annual average number of men in the peni-
tentiary serviceable for mining purposes, and what would
be a reasonable hire for them per day, the hirer to pay
all charges of support, clothing, medical bills, etc.
2d. How many hands are annually employed in the
foundry in the Staters prison, and their reasonable hire
per day, the hirer also to pay all charges as to those hired
out as in the preceding resolution.
3d. How many hands are employed in the machine
shops annually, and their reasonable per diem hire, all
charges being paid by the hirer.
4th. How many hands are annually employed in the
wagon shops, including the blacksmith shop and other
reasonable per diem hire, all charges paid by the hirer.
5th. How many hands are annually employed in the-
cabinet or furniture department of the penitentiary, and
their reasonable hire per day, the hirer to pay all charges.
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6th. How many hands are annually employed in the
gtone cutting department of the penitentiary, and their
reasonable hire per day, the hirer paying all charges.
And he will report also how many convicts this will leave
not so employed on an average in the Staters prison, an-
nually suitable for farm labor, and who can be made self-
sustaining by the State's working them itself on farms
rented or leased for the purpose, or by hiring them to
others to be worked on farms. He will also report
whether the various departments of labor, or some of
them, in the State's prison may not be leased separately
to the advantage of the State and the convicts. .
Adopted February 22, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of RepreserUatives,
NUMBER XXIX.
Be it resolved, That this House shall hereafter hold
night sessions on Monday, Wednesday and Friday nights
of each week, and shall meet at seven and a half o'clock
on said nights; Provided, this resolution shall not take
effect until Monday, February 26, 1877.
Adopted February 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hwue of Bepretentaliim,
NUMBER :JtXX.
Be it resolved by the House of Representatives, That
the Clerk of this House be and he is hereby directed to
furnish no more printed callendars for the use of the
members, unless specially directed by the House here-
after.
Adopted February 21, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of Representatives.
f
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NUMBER XXXI.
Resolved by the House of Representatives of the State
of Tennessee, That the Speaker is hereby authorized and
directed to appoint a Journal Clerk during the holding
of night sessions.
Adopted February 26, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Hovse <^ BepresmtaUvm.
NUMBER XXXII.
Resolved by the House of Representatives of the Gen-
eral Assembly of the State of Tennessee, That the Com-
mittee on the Penitentiary for this body be and the same
is hereby ordered and directed to ascertain and report to
this House, at the earliest moment practicable, the present
state and condition of said institution, its buildings, ma-
chinery, and all appurtenances belonging or in any way
pertaining thereto; the number and condition of the in-
mates thereof, how and where employed, etc.; to what
extent the present lessees have carried out and com-
plied with their contracts of lease ; the sum or sums
that they obligated themselves to pay to the State,
and the amount actually received by the State, or its
equivalent in labor or otherwise; to ascertain as near
as practicable how much, under proper, efficient and
honest management, said institution ought, could and
should be made to realize over and above expenses each
day ; to ascertain whether or not it would be practicable,
expedient, and for the best interest of the State, for the
use, management and control of same to remain wholly
in the State, or that the same should be leased as hereto-
fore; and if the former, whether or not it would be pos-
sible to procure three honest, competent and suitable men,
properly compensated, to take charge of and control said
institution, under such rules and regulations as may be
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prescribed by law; and make due return of their action
in the premises to this body as aforesaid. And to this
end said committee^ or any portion of the same^ is here-
by authorized and empowered to send for any persons
and papers that may aid and assist them in this investi-
gation^ to administer oaths^ and to do whatever else may
be necessary and proper in the attainment of the end and
purpose aforesaid.
Adopted February 27, 1877. .
EDWIN T. TALIAFERRO,
Speaker of the Exmse of Iiepresentative$.
NUMBER XXXIII.
Resolved by the House of Representatives of the Gen-
eral Assembly of the State of Tennessee, That in the
election of committeemen to confer with the creditors of
the State, no one shall be elected who does not receive a
majority of all the votes cast; no nominations shall be
made, and but one committeeman shall be voted for at a
time.
. Adopted March 2, 1877.
EDWIN T. TALIAFERRO,
Speaker of the House of BepreseMoMves.
NUMBER XXXIV.
Resolved by the House of Representatives of the State
of Tennessee, That Thos. O'Conor, one of the present
lessees of the penitentiary, and James Glover, the super-
intendent of the capitol and capitol grounds, send i^t
once to this House separate itemized statements, showing
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the amoant, if any^ and all accounts the present lesseea
of the penitentiary have against the State of Tennessee
unpaid; and if none^ so report; and if any^ how it orig-
inated and for what purposes.
Be it fucther resolved, That the Comptroller of the^
State report any and all accounts in his possession, that
have been approved or otherwise, claimed against the
State by said lessees, if any, that are unpaid.
Adopted March 2, 1877.
EDWIN T. TALIAFEKKO,
Speaker of the Souse of Hepreaentativm*
NUMBER XXXy.
Whebeas, Under the act of 1871, leasing the peni*
tentiary, an inventory of all the property of every de-
scription, fixing each item of property and its value, con-
nected with the penitentiary, was to be made out, and
the walls of the penitentiary were to be inspected ; and^
Whereas, The lessees, under said act, at the expira-
tion of their lease, were to return all of said property in
as good condition as it was at the commencement of their
lease; and.
Whereas, This General Assembly has no informa-
tion as to the amount and condition of the property con-
nected with the penitentiary, as compared with its amount
and condition when the same was leased ; therefore.
Be it resolved. That a committee of three, composed
of machinists, be appointed by the Speaker to investigate
and have a list or inventory of all the property of the
State connected with, the penitentiary, of every descrip-
.tion, made out, and compare the same with its condition
at the time the penitentiary was leased ; and if the same
has deteriorated or any part thereof has been destroyed,
the said committee will report its value now as compared
with its value when leased. Said committee will also
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examine the walls of the penitentiary^ and report their
condition as compared with their condition when leased*
Adopted March 6, 1877. .^
EDWIN T. TALIAFERRO,
^Speaker of the Sincse of BepreserUativei,
NUMBER XXXVI.
Resolved, From this time to the close of the session,
no member of this House shall speak more than ten
minates at oae time ander any circumstances; the Speak-
er shall not extend the time for any purpose, and no
memtber shall speak more than once on the same subject.
No explanatixm of a vote shall be made except in writ-
ing, which shall be entered <m the journal as a protest.
Adopted March 13, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Siyuse of JtepreaentaUtet.
NUMBER XXXVII.
To permit the Chief Engineers of the Fire Department of the United
States and Canada to hold their next annual meeting in the House
of Bepresentatives.
Resolved, That the Superintendent of the Capitol be
instructed to permit the Chief Engineers of the United
States and Canada to meet in this hall on the first Tues-
day of September next, and the Scientific Association
of America which convenes in this city some time during
the same month.
Adopted March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the H&use of EepresentaUves.
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NUMBER XXXVIII.
Resolved^ That the Speaker of the House appoint a
competent person to assist the Engrossing ClerK of the
House to prepare bills passed by this House for the con-
sideration of the Senate^ as the same are accumulating
to such an extent as to demand an assistant.
Adopted March 19, 1877.
EDWIN T. TALIAFERRO,
Speaker of the Houae qf BepreeeniatimL
NUMBER XXXIX.
Whereas, Thorough efficiency in the discharge of
duty merits enduring commendation as well as a tribute
of thanks; and,
Whereas, The Hon, Edwin T. Taliaferro has per-
formed the perplexing and intricate duties of Speaker of
the House of Representatives of the Fortieth General
Assembly of Tennessee in an able, impartial, and digni-
fied manner; therefore,
Be it resolved. That the thanks of this House are due
and hereby tendered the Hon. E. T. Taliaferro for the
courtesy, impartiality, dignity and ability with which he
has discharged the duties of Speaker of this body.
Be it further resolved, That we heartily commend to
fortune's favor our very efficient Principal Clerk and his
assistant, as well as our very excellent Engrossing Clerk,
Sergeant-at-Arms and his assistant, and to each of them
extend our very sincere thanks and good wishes.
Adopted March 26, 1877.
EDWIN T. TALIAFERRO,
Speaker ef the Houee of Bepreaeniatieee^
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ES, V
STATE OP TENNESSEE,
Office of the Secretaby of State,
NASHViiiLE, April 12, 1877.
I, Chas. N. Gibbs, Secretary of State of the State of
Tennessee, do hereby certify that I have carefollj col-
lated the foregoing Acts and Resolations with oiiginal
copies on file in my office, and find them correctly
printed.
CHAS. N. GIBBS,
Secretary of StaU.
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INDEX.
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INDEX TO PUBLIC LAWS.
A
jLcademy, Forest Hill, to sell lots belonging to
" Henderson Male and Female, charter amended
" Montpelier, authorizing re-building of
Agriculture, Statistics and Mines Commissioner, duties of Immi-
gration Bureau imposed on
Agricultural and Mechanical Society of McNairy county to use
their track for turf racing, exempt from tax
Acts amended, sec. 66 of ch. 92, Acts of 1875
" " ch. 78 of the Acts of 1875
" *• sec. 1^ of ch. 142, Acts of 1875
•« « sec. 5 of ch. 149, Acts of 1871
« « sec. 1 of rule 13, ch. 97, Acts of 1871
* ** ch. 19, Acts of 1859-60
« « ch. 36, Acts of 1875
« « ch. 12, Acts of 1869-70
« " ch. 69, Acts of 1873
« « sec 4, ch. 10, Acts of 1870
*" " sec. 5 of Act of Feb. 7, 1850 (Eagleville Turnpike
Charter)
* " sees. 1, 2, 3, 4 and 8 of ch. 77, Acts of 1875
*« " clause 9 of sec. 5, of ch. 79, Acts of 1867
« " sec. 4 of ch. 74, Acts of 1870
•< " ch. 51, Acts of 1875
" " ch.22, Acts of 1871
** " sec. 2 of ch. 56, Acts of 1869-70
•* " ch. 69, Acts of 1875
* * sec. 2 of ch. 46, Acts of 1875
« « sec. 5 of ch. 79, Acts of 1867-8
« " sec. 6 of ch. 46, Acts of 1875
" " sees. 7, 8, 9, 10 and 11 of ch. 72, Acts of 1875
« « sec. 13 of ch. 142, Acts of 1866
« " ch. 91, Acta of 1875
* • " Act of Dec. 12, 1865 (establishing Recorder's Courts)
** " ch. 92, Actsof 1875
•* " ch. 70, Acts of 1875
« * sec. 10 of ch. 66, Acts of 1875
« " sec. 1 of ch. 51, Acts of 1873
•« « ch.46, Acts of 1871
* " ch. 119,Actrof 1875
* * ch. 92, Acts of 1875
•* « ch. 22, Acts of 1^69-70
« " «h. 142, Acts of 1875
« « eh. 59, Acts ol 187« ,
Chap.
119
53
54
117
99
18
19
41
42
45
49
50
53
60
63
66
68
70
70
72
72
77
77
88
90
96
128
i33
94
103
104
106
108
112
114
113
121
122
123
154
Seo.
140
69
70
1S9
122
30
31
56
57
63
66
67
69
75
77
79
81
87
87
92
92
102
li 102
1 112
1 113
1 118
1 155
1| 158
I 117
'l| 126
II 127
1 ISl
1 132
1 135
1 137
1S6
143
1, 14r
1 14»
l! 17#
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Acts amended, ch. 102, Acts of 1873
" " sec. 1, ch. 83, Acts of 1873
Acts repealed, part of sec. 61, ch. 118, Acts of 1873
" " " " sec. 1, ch. 3, Acts of 1875.. ..*
" " ch. 68, Acts of 1875
" " parts of sees. 1, 2, 3, 4 and 5 of ch. 134, Acts of 1875..
" « sees. 2 to 13 of Act of March 21, 1860
" " sec. 8 of ch. 101, Acts of 1871
" " part of sec. 46 of ch. 118, Acts of 1873
« « ch. 69, Acts of 1869-70
« " part of ch. 118, Acts of 1873
« " " " ch. 80, Acts of 1875
« " " " ch. 81, " "
« " sec. 2» Act May 24, 1866 (White's Creek Turnpike)
« « ch. 139, Acts of 1875
*' « sec. 11 of ch. 24, Acts of 1873
" " ch. 114, Acts of 1875, as to certain counties
'* « ch. 17, Acts of 1875
*' " sec. 27, ch. 79, Private Acts of 1868
*' " ch. 5, Acts of 1865
« " sec. 6, ch. 93, Acts of 1875
« " sees. 1, 2 and 3 of ch. 54, Acts of 1873
*' " ch. 59, Acts of 1870
« " ch. 60, Acts of 1 870 ;
" " sec. 3 of ch. 140, Acts of 1875
"** " section 3 of rule 13, ch. 97, Acts of 1871.....
*' " part of ch. 44, Acts of 1873
" " proviso in sec. 2, ch. 69, Acts of 1859-60
^* " sec. 21, ch. 45, Acts of 1868-9
" " ch. 114, Acts of 1875, as to Wayne & other counties
'* " «h. 84 of Acts of 1875
" « part of ch. 81^ Acts of 1875
" " sec. 34 of ch. 92, Acts of 1875
** " part of sees. 38, 63, 64 and 66 of ch. 92, Acts of 1875
" " ch. 91 of Acts of 1875
** " sec. 4 of ch. 74, Acts of 1870
*' " ch. 89, Acts of 1875
*' " sec. 1 of ch. 101, Acts of 1871
. ** " ' All laws taxing marriage license
'' « ch. 121, Acts of 1875
« " sees. 3 and 28 of ch. 65, Acts of 1870-71
" " ch. 116, Acts of 1873
" " sec. 8, ch. 60, Acts of 1875
" « ch. 72 of Acts of 1871
" " sec. 25 of ch. 67, Acts of 1867
" « ch. 132, Acts of 1875
Acts revived, sec. 9 of ch. 59, Acts of 1870
" " sec. 2 of Act of January 17, 1838 (Lookout Creek
and Tellico River)
Appropriation Act
Arbitration Commission at Nashville, providing for
" " ** Jackson, " «
Assessment laws amended
Assessors appointed and duties of ^
Assessors Bailroad tax,, appointment and duties of
Attorney General, State, declaring duties of, in U. S. Courts
Auctioneers, certain, not required to pay privilege tax
Chap.
158
162
3
4*
9
15
16
16
21
33
33
33
34
35
36
37
38
39
84
117
82|
42;
42
44
45
46
49
56
57.
65
67
71
71
73
78
79
80
89
100
109
129
136
143
144
161
42
100
171
51
69
73
73
19
5
86
Sec.
1
1
7
1
1
1
5
5
1
3
3
3
1
1
1
1
1
1
1
1
1
1
1
7
4
1
2
2
1
1
1
1
7
11
1
1
1
X
1
1
1
1
1
1
1
4
1
1
1
1
1
1
1
1
1
Page
183
186
7
8
12
12
25
28
28
35
50
60
50
51
51
52
53
54
64^
109
200
107
57
57
62
63
64
66
72
73
78
80
88
91
97
103
104
105
113
123
133
156
161
169
170
185
57
123
200
67
85
94
94
31
9
no
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Banks, certain, to be State Depositaries
Beer and Ale, for chartering companies for brewing
Blooded Stock, to encourage raising of, in McNairy county
Blount, Ex-Gov. Willie, for removal of remains of
Board of Health, State, to create and establish
Boards of Health, Municipal, for establishment of
Boards of Health, to extend jurisdiction of...
Bonds, Munijipal Corporations authorized to issue for indebtedness
Butchers, certain, to be exempt, from privilege tax
Brokers, Beal Estate, regulating taxation
c
'Candidates, where may vote
Cannon County^ Judge of, office of abolished
Oartiorari and Superaedeaa, writs of, Chancellors may grant
" " " " '^ maybe granted before execution
'Clerks of Courts to report revenue collections quarterly
Chancellors may grant writs of certiorari and supersedeas
Chancery Practice, rules of amended, diminishing costs
" " " " " as to enrollment of causes....
Chancery, Courts of, jurisdiction of increased
•Code amended, section 612
^' " ch. 16, art. 11, title Enrollment
" " sees. 4343, 4344 and 3227
" " sec. 1709
*• " sub-sees. 60 and 61 of sec. 553a
*' " sec. 1522
*' " sees. 1277, 1284 and 1192, and ch. 8, art. 3
^* " sub-sec. 2 of sec. 4311
" " sees. 4894 to 4912 inclusive
" " sec. 2108a
" " sub-sec. 11 of sec. 454
" repealed, sub-sec. 43 of sec. 553a (Thompson & Steger)
" " sub-sees. 1 to 13 inclusive of sec. 3166 (T. & S.)
sec. 488
" re-enacted, sees. 1683 and 1684
" " sees. 4677, 4680, 4683 and 4684
Oommission to arbitrate Supreme Court cases at Nashville provid
ed for
Commission to arbitrate Supreme Court cases at Jackson provided
for
Cocke county, to supply records and titles destroyed by fire in
Contingent remainder, freehold estate not required to support
Corporations, insurance authorized to reduce their capital stock
" providing for organization of
" providing for organization of water companies
'* providing for charter of for brewing beer and ale
" foreign, terms on which may mine and manufacture..
" • municipal, power to tax certain lodged in Legislature
'* " receiver for certain to be appointed by
Chancellor
" " commissioners to settle indebtedness for
certain
" " commissioners to receive interest and sink-
ing fund for certain
"** " for constructing and repairing water- works
for certain |
Chap.
77
123
93
32
98
98
28
iO
86
91
63
9
64
132
88
64
45
75
97
87
75
45
52
92
55
101
107
122
142
150
93
15
81
35
65
51
69
2
102
41
76
104
123
31
71
71
71
71
134i
Sec.
1
1
1
1
1
' 7
1
1
1
Paftt
Digitized by VjOOQ IC
(292)
Oorporationa, municipal, amending ch.
and organize
2, Acts 1875, to regulate
Chap.
Seo.
^ " of S5,000 inhabitants to compromise iB<
debtednesB of :
\\ *' authorizing settlement of indebtedness of
certain
^ '^ past due bonds of certain made receWable
for tax therein
" " for more efficient collection of taxrs in cer-
tain
'^ ** for increasing and diminishing powers of
certain
Corporation of the town of Lebanon, boundaries of reduced
" « Manchester, " "
" " Fay ette ville, limits extended
** « Ataka, " lessened ,
•' « Jasper, « "
" " Qainesboro, " extended
" " Pulaski, charter of amended
" " Brownsville, charter of amended
" « Franklin, « **
" * Bartlett, « «
** " Louden, charter of repealed
Court, Law, of Nashville, abolished
Court, Common Law and Chancery of Madison, salary of judge of.
Court, Criminal of Williamson, etc., abolished
Courts, County, Quarterly, special term for re-assessment, when....
Court, County, to appoint superintendent of turnnikes
'' " may appoint supH of public builaings, etc
** ** providing for pro tern, chairman of
Courts, Chancery, of new county Hanes, in 9th division
'' " 01 Unicoi county, time of sessions of
'' ^* of Sullivan county, changing time of sessions of
" " 6th division, times of sessions of
" Circuit, for Unicoi county, time of sessions of
" ** for Hanes county, attached to 12th circuit
" ** of Trousdale, changing time of holding
** " 0/ Macon, " " «
•* " of Warren, time of holding
«* « of White, " «
^ " of Clay, changing time of holding
'' " of DeKalb, changing time of November term
" . " of Hamilton, to be held by judge of 4lh circuit
*^ ^' of Sumner and Houston, to be held by judge of
10th circuit...
Conrt, Law, at Ducktown, changing times of sessions of
Court, Supreme, fixing time of sessions of
County, new, of Hanes, enabling act for
County seat of McNairy county, election for removal of
County Judge of Cannon county, office of abolished
" " Sumner^ " • " "
'^ '' Jackson " salary of increased
CouBty line between Davidson and Cheatham changed
" « " Smith and Putnam «
<* « " ' Blount and Monroe «
• " •* Marion and Sequatchie **
^ « « Coflee and Grundy "
• " « HItwkins and Hamblen «
121
71
10
18
154
29
29
125
113
164
167
59
128
152
153
169
42
136
143
2
101
105
106
14
40
151
47
40
14
26
27
141
141
124
116
161
166
7
4
14
147
9
15
146
110
115
130
138
131
137
1
3
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
6;
1
1
1
6
1
1
1
3
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Pace
143-
8a
18.
90
14^
179
42
4a
151
13a
18T
189
74
15a
17a
178
191
57
.161
169
5
124
130
131
2a
55
177
64
5a
23
40-
41
167
16T
15a
13a
18a
18a
11
a
23
172
12
25
172
134
138
156
163
157
16e
Digiti
ized by Google
(293)
CJcmnty line between Benton and Decatur changed.
" " " Dyer and Lauderdale
Dickson and Cheatham ^- ..,..«,....*,..
" " ** M ontgomerT and Ch e ath am "
" " " Lawrence and Wttjne ** ^„..
" " " Hanenck and Hawkinn ^* .,„
*' " " Jacknon and Putnam " „„„,...„.„
" " " Hawkins and Grainger '^
" ** *' Gilea and Lawrence " »-
" '* " BuQierfoi-d and WilliamBon ''
Euthtirford and WilliamBon '^
" " **^ Wayne and Lam'rence " ..,..,...,*,..,
" *' " Monrtie and London " „
WilHameian and Marshall ''
'* " " W ash hig ton and Unicoi, to eHtablish
Jefferson and Harahlen, " .».
'Criminal law, felonies, charge on wliere indictment embracea sev-
eral grades............. ,,..,«,, ,
" larceny, re-establishing G(»de grades ai„*.„
« cb, 6, Acta of 1865, repealed..
miademeanor, aale of liquor near Hchools, a
" netting or itteining for tish, a ,.,»
" not to repair toll-bridge or gate, a......
" to fish or hunt for profit on Reelfoot
r^ake^ a
Cnetom-house^ U. 8.^ In Memphisi ceding site for ..*. .<...*.,,
" " " ceiling jurisdicticm over
D
D^i^Hj tax on, riepealed,, ;»..,
Dnimmem^ or commercial agent^^ tax on, re^iealed ......... .,^.. ,,,..,.
Dyersburg, mayor and town constable of^ voters to elect......*....,...
Ea*it TenneJiBee Univemily and Agricultural College, additional
truRt«*eii for „.. ,. ...,,,. ......... ,.,.. ...........
Eaet Tenne^eee Mechanical and Agricultural Aci^iociation, for ben-
efit of.......
Elective franchise, act bo regulate, amended ,*,»»•«,.•,„.,. ,*>.«., .*.<•..
Exemptions from execution^ increased ^. ,„..,«....
Chftp.
56
43
60
61
62
140
148
149
lob
108
156
157
163
165
48
44
86
65
84
23
2b
101
146
1
1
I
I
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
S
1
1
112
63
U2
Fences, I awful, amend ing an d decl a ri n^ law in rel ation to 35
Fish^ for protection of in certain counties ...* .*.**.<**..,* ».»..! 25
Fish and game, on Eeelfoot Lake, for preservation of... | 145
Fisherien, private, act for protection of repealed as to certain cotin-i
ties.,... ' 37
Freights, way, to prevent unjuflt discrimination against by railwaya
Funding Act, repealing Hec. 11^ ch, 24, Act^ 1873....
a
'Game In Lincoln county, to protect *.•■
f^ame and tisb on Reelfoot Lake, to preserve ,...,«»». ,«,
*Clovemor^ to settle with delinquent revenue collectors
74
36
162
145
m
8' 1
93 1
139 1
Pag«
73
58
75
76
76
166
175
176
180
190
181
182
186
laa
65
59
109
78
lOd
37
39
124
171
3
a
12
lie
165
146
135
77
168
51
39
171"
53
98
52
Digitized by V^OOQ IC
I
(294)
OoTemor, dutiee of aa to penitentiarj lease........,*..... .,..
** to appoint trustees for Insane Ai^jlum........ ...... .........
^ '* coal oil inspectora«, , ,*.„
H
JlaneB cotiniYj enabling net for creation of,..., , ...- r .
Heodersoo Male and Female Aeademy, chiirler act amended
HucksterPj certain exempted from privilege tax.....* ......*...
Husband and wlfe^ hufibund not lialile for wife's ante nuptial d^btf*
" '* liUHbnnd'^H maritnl rij^bta over wift'a property
subject to ber debta .........,,*,.*......*........
1
Immigration Bureau, aboliflbed
Insane Asylum, for appointment of trustees for
Inspectors, illuminating oils and fluids, appointment nnd duties of
Insurance companies, providing for reduction of slock iu....
Insurance, life, companion required to keep re-insurance reserve
Interest, ten percent, repealed
J
Jails, to regulate medical attendance for prisoners in
Judge of county of Cannon, office abolished
Judge of county of Jackson, increasing salary of
Judges, special, to regulate the pay ol
Judgment roll, County Register to keep
Jurisdiction, concurrent, Chancery and Circuit Courts, except in
certain cases
Jurisdiction Equity, nsstricted to county where land lies or mort-
gage registered
L
Land, freehold estate in, not necessary to contingent remainder in
Land, personal representatives may sue for injury thereto
Lands, school, Ocoee District, for lease of for mining
Lien, acquired by Judgment decrees, etc., to regulate
Liquors, intoxicating, sale of in four miles of schools forbidden...
Lebanon, boundaries of reduced
M
Manchester, boundaries of reduced
J^ontpMelier Academy, Trustees of to rebuild
McNairy county, for election or removal of county seat of
Marriage License, all laws taxing, repealed
Murfreesboro, relative to Recorders Court of
N
Nashville, Law Court of, abolished
o
Oils and fluids, illuminating, for inspection of
Chap* i^ec
170^
55
69
14
53
86
79
79
117
55
69
41
108
21
160
9
146
135
120
99
107
30
102
111
127
120
.23
29
54
147
89
103
42
192r.
71
81
110-
104
104
139'
71
81
56^
132
35-
184
12
172:
160*
142
119
132^
44
126-
135
154
142
37
42:
43
70
172
lia
126^
57
Digitized by
St
Google
(295)
Penalty, on non-payment of taxes, repealed
Penitentiary, providing for lea^e of
Personal representatives may sue for injury to real estate..
Privilege tax, as to vehicles run for pay
repealing on certain pursuits
" collectors, delinquent, to settle with
Public Roads, Act to improve, repealed
Pulaski, charter of, amended
R
Railroads, granting powers to purchasers of, under mortgage
^* extending time for completion of unfinished
" assessment of, for taxation
^ " purchase of by other railroad corporations authorized.,
Railway Ck>mpanies, preventing unjust discrimination of
Railways, to amend all laws for consolidation of
** for protection of persons and property, amending Act for
" Dandridge, repealing sec. 25, chap 67, Acts 1867
Real estate brokers, to regulate tax on
Reelfoot Lake, to protect fish and game on
Record Books, for transcribing by Kegister, when mutilated
Register to register abstract of judgments, etc., in judgment roll...
Registration of deeds and wills, for supplying when originals are
burnt
Register to collect tax on deeds executed abroad, when registered...
R^nts, to apportion on death of tenant for life
Revenue, taxing telegraph property and sleeping cars
*i Railroad assessment for purposes of
" extending time of collecting for 1876
** for more efficient collection of, in certain corporations
" to prohibit State from borrowing money...
** assessment laws amended,
" repealing fifty per cent, privilege tax in certain cases
" forty cent tax law repealed
releasing tax on certain pursuits.
- ■ ■■ ■ I of...
" To cheapen collection
" to repeal all laws taxing marriage license.
" privilege tax law amended
** real astate brokers, regulating tax on
" licence on billiard tables, etc., regulating ^
** tax on drummers repealed « .^
" amending chap. 91, Acts 1876
" Collectors, delinquent, providing for settlement with
** for paying for express charges and postage on money
sent by Collectors of
*' tobacco warehouse license law repealed
** tax on land used for farming in corporations
** Clerks of Court to report collections of quarterly
** Municipal, assessment and collection of
** power to tax in certaiu, vested in the Legislature...
" to provide
Roads, public. Act to improve, repealed
8
Schools, incorporated, sale of liquors in four miles of, proltiibii 'I
Sleeping cars, taxing .^.
Digitized by Vj
Chap.
Sec.
3
170
111
90
78
95
129
59
12
17
19
20
74
72
114
144
91
145
83
120
6
150
159
16
19
3
33
56
73
78
80
86
87
89
90
91
92
93
94
95
96
109
154
88
67
71
81
129
4
Page
7
192
135
113
103
118
156
84
17
29
31
35
98
92
137
170
114
171
107
142
10
176
183
26
31
6
49
72
94
103
105
110
111
113
113
114
115
116
119
iia
118
133
180
112
80
89
106
156
(296)
Steam ferries, classifying and taxing
Sumner County Judge, office of, abolished
Superintendent of Capitol, to remove remains of Gov. Blount
Superintendents of Boads and Bridges, appointment and duties of.
Superintendents of construction of public buildings, bridges, etc.
""*: authorixed
Taxes for 1876, to extend time for collection of
Tsx Collectors, delinquent, providing for settlement with
Telegraph Companies, for valuing property of, for taxation
Tobacco warehouses, license and privilege tax on, repealed
Treasurer to settle with delinquent Tax Collectors....,
Trust fund, conversion of, in relation to
Trustee, Countv, duties as to taxes
Turnpikes, giving purchasers of State's interest in, further time for
repairs
Turnpikes, purchasers of, to have original franchises
" purchasers of, allowed new charter if desired
Turnpike, White's Creek, to set back gates on «
. " " " repealing Act of Mav 24, 1866, relating to
** Lebanon and Sparta, to amend charter of and extend
road
** Knoxville, Tazewell and Jackson, amending charter of..
" Dickerson, forbidding tollgate on, in two miles of Edge-
field
" Shelby County Company, for benefit of
" Bean's Station and Cumberland Gap, relation to gate on
" Eagleville, Unionville and Sheloyville, charter of,
amended
" Superintendents of, appointment and duties of
u
Unicoi county, terms of Courts fixed
United States Coast Survey, relative to
United States Custom House at Memphis, ceding site for
Chap.
70
15
32
101
105
Water companies, for organization of
Water works, for constructing or enlarging by cities..
Wool growing. Act to encourage, repealed
Sec.
3
6
95
1
118
16
26
109
138
95
118
50
69
94
117
158
183
76
99
76
100
11
16
34
51
126
152
133
158
11
17
13
20
46
64
66
79
101
124
40
56
24
38
1
3
104
•
127
134
159
8
12
PftC*
87
25
48
124
130
Digiti
ized by Google
(297)
INDEX TO HOUSE JOINT RESOLUTIONS.
Albert Akerfl and B. BajliRfl, thanks to..
Attorney General, to diHinifls iiuit la, W. J. Tftjlor..
No.
feontis, State, pay merit of interest on sui^nded .,.,.,.,..„..
" '■* inquiry tis to purchasing and cancelling of..
" " holdena of ^ to confer with ■
31
30
11
19
22
C-oraptroller and Treasurer, to settle with...*.........
Comptroller and Secretary of State, to furnish esti mates for appro-
^1 "pr^ftt.^fH^fl, ., ..,.. , ..,.
^Comptroller, Treasurer and Secretary of State, to examine into in-
come of..» ,.„., ,.,.. .»..
"Comptroller, Treasurer and Secretary of St ate , for election of,.
Comptroller, to report amount paid Bpecial Judges.... „..,.,..
" to is8ue warrant to John B. Johns,„**^».
« '' *' *' ^^ a U Anderson „
_ ** to credit J, J. Fink with $400.00
Criminal Law and GOflts, for reTimon........,.,.r.. .,^... ..^.^..^^^oi..*
Deaf and Dumb School, for printing Report of
Dog Law, to advance on Supreme Court docket, case of..
Eagt Tenneai^ee UnirerBity, for printing Bcport of..
GoTemor^ to compare vote for
'* directed tocorreepond with bond-holdera ........
** to appoint CbmmiBflioner* to Paris Exposition..
25
U
10
PiC«.
256
2m
234
18
244
5
235
16
24S
24
251
29
254
32
26T
12
m^
17
24S
13
341
251
3S9
Z41
Johnnon, Ex-Fre«ident, on death of..
(298)
L
Lunatic ABjlum, to investigate expenditures of
Legislature, for recess adioumment
" for tine die aojoumment
" to visit Mrs. Folk
N
^ficholson, late Chief Justice, on death of ^
P
Penitentiary, directory to Committee on
** Lessees of, work done by, to investigate.....
" Superintendent of. Report of, printing
B
Keform, relative to Judicial system
8
Senators, for election of
Taylor, W. J., suit against, dismissal of
Turnpike, Nashville, Murfreesboro and Shelbyville, confirming
sale of
V
Vanderbilt, Cornelius, on death of
No.
Page.
15
8
26
27
242
237
252
253.
9
21
23
14
I
30
28
247
250.
241
231
255.
253.
287
Digitized by
Google
( 299 )
INDEX TO SENATE JOINT RESOLUTIONS.
B
Bondfl of State, to register certain
Bondholders, committee to confer with
C
Comptroller, to e:(amine accounts of, etc
" to settle with C. B. French and others
" to settle with A. J. Peebles
" to compromise indebtedness of O. Solomon
" to apportion back school fund .'
" to sell lots in Memphis
B
East Tennessee University, to investigate affairs of
G
Governor, to compare vote for
'' to inform of organization
" to inform of hb election
*' • for inauguration of
" to appoint Fish CSommissioner
H
W. G. Harding, D. H. McGavock and Lucy McElvey, for relief of
J
JTadicial districts, committee to lay off ',
M
Medical Society, State, to have sessions at capitol
P
Pensions to Mexican soldiers, instructing Senators as to
No.
18
228
8
219
2
215>
9
220
14
224
16
.22^
10
221
11
221
6
6
15
13
12
Page.
218
217
216
218
218
22&.
21&
224
Digitized by
Google
(300)
B
Bevenue aud back tax collectors, relative to
Rules, joint, commitlee on, to appoint
8
Sapreme Court csMt, for speedy hearing of »..
T
Treasurer, to settle with
No.
17
1
19
Pace.
227
215
228
215
Digiti
ized by Google
(301)
INDEX TO SENATE RESOLUTIONS.
B
Billfl on first reading to be referred to committees...
Bills, relative to caQiiig hj Senatorial districts
C
Committees, standing, printing list of
Committee on Pablic Printing, to report on indexing Joamals
Committee on Capitol Grounds, to report amount necessary to com-
plete
Comptroller, Beportof ordered printed
G
Governor, requested to procure statistics from clerks
P
Penitentiary. Warden required to report
Porter, Speaker to appoint one
Postage, Seigeant-a^Arms to draw money for.
B
Retrenchment of officers' salaries and fees
" inquiry as to, in judicial circuits
8
Sessions, to be opened with prayer
** to hepn at 10 o'clock A. M
flUyer, inquiring if it can be a legal tender
U
United States courts, relative to State suits in ».
V
'^anderbilt, Cornelius, to adjourn on death of.....
No.
Page.
3
12
5
13
17
15
11
16
2
8
9
10
1
14
4
2d»
263
260
264
266
264
29^
25»
261
261
259
264
269
mi
Digitized by J
(302)
HOUSE RESOLUTIONS.
A
American, thanks to
B
Bonds, State, enquiring as to holders of»
Bonds, State, as to interest on, daring the war
C
Capitol, State, use of. allowed Chief Engineers
Calendar, Clerks to lurnish members
" Clerks to cease furnishing
Oheatham, Mrs. Adelicia, thanking for the present of Andrew
Jackson's portrait
Clerk, to enter on Journal titles of all bills .•
Clerk, Assistant, C. Plummer appointed...
" Journal, to appoint
** Engrossing Assistant, to appoint
" Journal, to appoint
<I!ommittee to visit New York, election of
Committee on Public Printins:, appointment of
Committees, Standing, to print list of
Committees, Standing, to post meetings on bulletin board..
Clomptroller, to itemize Executive expenses .^
Comptroller, to report on Penitentiary accounts
Constitutional Convention, to consider calling of
County Courts expenditures, inquiry as to
E
East Tennessee University, to print Report of
H
House of Representatives, sessions of, to be opened with prayer
" " daily adjournment of
" " order of business
" " rules of, as to debate
« <( tt U il
" " night sessions of ^
No.
17
18
16
20
21
i^
29
Page.
267
273
10
270
30
•279
6
269
27
278
8
270
11
271
38
284
31
280
33
281
12
271
4
268
5
268
25
277
34
281
19
274
24
276
274
267
272
274
2^5
28S
279
Digitized by
Google
(303)
Penitentiary, Superintendent and Wardens of, to famish inform-
ation
Penitentiary, Committee on; to report «
" Lessee of, to report „...« ^...
" property of Committee to investigate
Porters, appointment of, confirmed
Postage for members, providing for ;. „„
Public documents, for distribution of
No.
28
32
34
35
7
16
22
Page.
278
280
281
273
275
Boster, Clerk to prepare..
14
272
Taliaferro, E. T., thanks to
Tolley, W. P., of condolence with..
13
284
271
Digi
ERRi^T^.
In 11th line, page 18, insert "State" after "this."
On ^age 36, the whole of chapter 22 is, by mistake, a repetition of chapter 21^
mnd void.
In line 6, page 62, "1876 » should be " 1875."
In line 34, page 83, insert after " branded " the words " as provided by.*
In line 19, page 91, substitute for "interests " the word "intent."
On page 104, chapter 79, last word of heading, read " 1875" for " 1877.**
In line 6, page 123, for " special " read " speed."
In line 46, page 129, after the word "corporations" kisert "that."
Page 130, close of chapter 104, insert " passed March 27, 1877."
On page 182, in last line of section 1, chapter 1#7, read "or** for "of.*
In line 4, page 144, read "name" for "nature."
In last line of page 160, insert "special" before "judge."
Id line 25, page 197, for "those" read *them."
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