to receive the following rates of tolls, to wit: For each wagon and team of six horses seventy-five cents; for each wagon and team of four horses fifty cents; cart and driver twenty-five cents; for each carryall wagon twenty-five cents; for each four wheel pleasure carriage, if drawn by two or more horses, fifty cents, if drawn by one horse twenty-five cents; for each two wheel pleasure carriage eighteen and threefourth cents; for each man and horse or mule ten cents; for each led horse five cents; for all loose horses or mules in a drove two cents each; for each head of cattle, hogs or sheep one cent. Provided, That no person shall be required to pay toll who may be going or returning on the prosecution of neighborhood business, or who may be going to or returning from mill, muster, court blacksmithshop or church. SEC. 5. Be it enacted, That if any part of said road shall be out of repair at any time after it is received by said commissioners, by which any person shall sustain any damages in person or property, said person may have and maintain an action in the case against such proprietor for such damages.

SEC. 6. Be it enacted, That if any person or persons Damages. shall pass said gate arbitrarily, or within one mile thereof, for the purpose of avoiding the toll, such person or persons shall forfeit and pay for every such offence, to the proprietor of said turnpike road, the sum of fifty dollars, to be recovered by action of debt before any justice of the peace for this State.

Penalty for

SEC. 7. Be it enacted, That the proprietor of said turnpike road shall have the same measured and plainly mile avoiding gate. marked, and shall keep the same in good repair as required by this charter, and in case he shall fail to do so, he shall be subject to indictment and presentment as overseers of public roads are indictable and punishable in like cases.

SEC. 8. Be it enacted, That whenever the said William C. Story shall have more than half completed said road, said commissioners shall give him a license to shut his gate and to exact and receive one half of the rates of tolls above mentioned.

Road to be

SEC. 9. Be it enacted, That the said William C. Story mile marked, shall have the term of eighteen months from and after the

passage of this act, to open and complete said road.

SEC. 10. Be it enacted, That this charter is hereby given When a gate and granted to the said William C. Story, his heirs and as- may be opened., signs, for the term of thirty-five years. That the commissioners appointed by this act, shall before they enter upon the duties of their appointment, subscribe the following bath, to wit: "I do solemnly swear, that I will well and truly perform the duties enjoined on me by this act, accordng to the best of my knowledge and abilities-So help me God. And the said commissioners shall be entitled to re

*

ceive at the rate of one dollar per day for every day they may be necessarily engaged in performing the duties enjoined on them by this act, to be paid by the proprietor of said turnpike.

BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON,

Passed, January 20, 1846.

Speaker of the Senate.

Circuit court.

Chancery court.

First term of circuit court.

In Obion city.

CHAPTER LXXXII.

An Act to change the times of holding certain Circuit and Chancery Courts and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the following changes are hereby made in the times of holding the circuit courts in the fourth judicial circuit, viz: the court for the county of DeKalb, shall be held on the first Mondays in February, June and October; White county, second Mondays in February, June and October; Fentress, third Mondays in February, June and October; Overton, fourth Mondays in February, June and October; Jackson, first Mondays in March, July and November; Macon, second Mondays in March, July and November; Smith, fourth Mondays in March, July and November.

SEC. 2. Be it enacted, That the following chancery courts in the fourth chancery division be hereafter held at the following times, viz: at La Fayette, on the fourth Mondays in January and July; at Gainsborough, on Wednesdays after the fourth Mondays in January and July; at Winchester, on Wednesdays after the third Mondays in February and August; at Sparta, on Wednesdays after the second Mondays in March and September; at Livingston, third Mondays in March and September; at Smithville, Thursdays after the third Mondays in March and September; at M'Minnville, on the fourth Mondays in March and September; at Woodbury, the fourth Mondays in April and October.

SEC. 3. Be it enacted, That the first term of the circuit court in each of the counties in the fourth circuit, shall be holden as heretofore.

SEC. 4. Be it enacted, That from and after the first day of April next, the circuit courts for Obion county, shall be held In Lawrence- on the fourth Mondays in February, June and October; and that the chancery courts at Lawrenceburgh, shall hereafter be held on the second Mondays in June and December in

burgh.

In Lincoln.

each and every year, and all suits pending in said court and all process issued, or to be issued therefrom and returnable on the fourth Monday in May next, be, and the same are hereby continued over to the second Monday in June next. SEC. 5. Be it enacted, That so much of the act passed the 22d December, 1945, as relates to the circuit courts of Lincoln county, be, and the same is hereby repealed, and the circuit courts of Lincoln county shall be holden on the first Mondays in February, June and October as heretofore. Town of RipSEC. 6. Be it enacted, That the county court of Lauder-ley. dale county, be, and they are hereby authorized to fill any vacancy or vacancies that may occur in the board of commissioners for the town of Ripley.

SEC. 7. Be it enacted, That there shall be a chancery court at JackChancery court established at Jackson, for the county of Madison, and son. the said court shall be held by the Chancellor of the Western division of the State on the first Tuesdays after the first Mondays in June and December, in every year, and the Chancellor shall appoint a clerk and master of said court under the same rules, regulations and restrictions that other clerks and masters are appointed.

SEC. 8. Be it enacted, That the chancery court at Harrison, shall hereafter be held on the first Mondays of March and September in each year, and that all process made returnable to said court on the third Monday in March next, shall be returned on the first Monday, and shall be as good and valid in all respects as if this change had not been made; and all causes now pending and not finally disposed of in the chancery courts at Cleaveland and Pikeville, the parties to which are now or were at the time of the institution of the suits, resident citizens of Hamilton county, shall be transferred to the chancery court at Harrison, and it shall be the duty of the clerks of the chancery courts at Pikeville and Cleaveland, to make out and certify full and complete transcripts of all orders, decrees and entries upon their minute and rule dockets in relation to such causes, and to. deposit such copies so certified, together with the original papers in such causes with the clerk and master of the chancery court at Harrison, on or before the first Monday in March next, where such causes shall be proceeded in as they would have been in the court from which they were transferred; and in case of failure by the clerks to make out such transcripts and to deposit the papers as herein required, it shall be the duty of the Chancellor at the first term to direct such transfer to be made.

BROOKINS CAMPBELL,
Speaker of the House of Representatives.
H. M. WATTERSON,

At Harrison.

Passed January 21, 1846.

Speaker of the Senate.

CHAPTER LXXXIII.

'An Act fixing the time of taking up the causes in the Mountain Counties.

Be it enacted by the General Assembly of the State of Tennessee, That the supreme court shall permanently fix the time of taking up the dockets of the fourth and thirteenth circuits, so as to hear one immediately after the other. All causes upon the law, equity and criminal dockets in said circuits shall be heard, and said court in fixing the time shall as much as possible avoid conflicting with the courts in said circuits so as to enable the attorneys in said remote courts to attend to their cases, and said circuits shall invariably be taken up according to the provisions of this act. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON,

Speaker of the Senate.

Passed January 21, 1846.

CHAPTER LXXXIV.

An Act explanatory of the act of 1838, chapter ccvi, entitled "an act to amend an act entitled an act to incorporate a company for opening a turnpike road from Nashville to the top of the ridge about one mile from Elijah Robertson's in a direction from Nashville via Charlotte to the Western District and for other purposes." Passed December 20, 1831.

Be it enacted by the General Assembly of the State of Tennessee, That the "mountain grade" designated in the 2nd. sec. of said act shall signify an angle upon the horizon of 5 degrees at most, and that the proprietors of said road be allowed the period of nine months from the passage of this act, to bring the condition of the road within the meaning of this provision.

BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON,

Passed January 21, 1846.

Speaker of the Senate.

CHAPTER LXXXV.

An Act to place the Bank of Tennessee on the same footing as the Stock Banks of

the State.

Be it enacted by the General Assembly of the State of Tennessee, That the Bank of Tennessee is hereby authorized to issue bills of the same denomination as the Stock Banks in this State are authorized to issue by their charter.

BROOKINS CAMPBELL,
Speaker of the House of Representatives.
H. M. WATTERSON,

Passed January 21, 1846.

Speaker of the Senate.

CHAPTER LXXXVI.

An Act to increase the jurisdiction of Justices of the Peace in endorsement cases.

Be it enacted by the General Assembly of the State of Tennessee, That the jurisdiction of justices of the peace in this State shall hereafter be co-extensive on endorsements by the terms of which demand and notice are expressly waived with their jurisdiction by existing laws on notes of hand, and they may render judgment jointly against the maker or drawer of such negotiable instrument and the endorser or endorsers thereof, and issue execution accordingly, which execution shall be satisfied by the officer to whose hands it may come first, out of the property of the maker or drawer, or in case of their failure then out of the property of the endorsers in the order of their liability.

BROOKINS CAMPBELL,
Speaker of the House of Representatives.
H. M. WATTERSON,

}

Passed January 21, 1846.

Speaker of the Senate.

CHAPTER LXXXVII.

An Act to incorporate the New Market Female Institute in the county of Jeffer

son.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Robert M. Anderson, Daniel Meeke, Trustes. B. F. McFarling, A. P. Caldwell, Archibald Blackburn, R. F. Campbell, Joseph D. Hodges, Jacob Dick, William H.