CHAPTER CVII. An Act to amend the charter of the McMinnville, Woodbury and Murfreesborough Be it enacted by the General Assembly of the State of Tennessee, That the charter, creating the McMinnville, Woodbury and Murfreesborough Turnpike Company, be so amended as to make a gap in the ridge between Murfreesborough and Woodbury, south of the stage road, commonly called Yourie's gap, a point in the construction of said road. BROOKINS CAMPBELL, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 26, 1846. CHAPTER CVIII. An Act to amend the Attachment Laws of this State. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That whenever an attachment, issued by a justice of the peace and returnable before a justice of the peace, shall be levied upon the real estate of a non-resident or absconding debtor, such justice shall after he has given judgment on the case, in accordance with the laws. now in force, return all the papers in the case to the circuit court of his county, which court shall upon the return of said papers, proceed to condemn the real estate, and to order a sale thereof for the satisfaction of the judgment rendered by such justice, together with all interest and costs. भ Justice return papers to eir cuit court. SEC. 2. Be it enacted, That whenever an attachment Non-resident against a non-resident is returned before a justice of the defendant. peace, in accordance with the existing laws of this State, it shall be the duty of the justice before whom the same is returned to stay all further proceedings thereon, for such period as such justice may deem reasonable, not exceeding twelve months, nor less than six months from such return; and to cause the plaintiff in the suit, his or her agent or attorney, to give public notice, by advertisement, of the time and place fixed for the trial of the suit, requiring the defendant then and there to appear and defend the case. SEC. 3. Be it enacted, That upon the expiration of the time so fixed by the justice for the appearance of a nonresident defendant in any attachment case, and the trial thereof, it shall be the duty of such justice to try and deter mine, and render judgment thereon, as in other cases over which he has jurisdiction. SEC. 4. Be it enacted, That on attachment cases against Justices duty non-resident defendants, it shall be the duty of the justice to enter on his docket a memorandum of the stay of proceeding thereon, and of the order for publication. property. SEC. 5. Be it enacted, That should the property levied on Perishable by an attachment against a non-resident be perishable, the justice of the peace before, whom the attachment is returned, may order the property to be sold upon ten days public advertisement at such places as property sold by executions issued by justices of the peace are advertised, and sold upon a credit of six months, the purchaser giving bond and security, payable to the officer, and the officer shall hold said bond for the benefit of the parties, and be liable for the same to the plaintiff for the satisfaction of his debt. But should the plaintiff not succeed in his suit for an amount equal to said bond or bonds, the balance on said bonds shall be paid over to the defendant; and should the plaintiff be non-suited, or fail to recover any thing against the defendant, such bond shall be delivered over to the defendant, and the officer taking such bond, and his securities, shall be liable to account for the same according to the provisions of this section. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed January 26, 1846. Speaker of the Senate, CHAPTER CIX. An Act to change the place of holding drill musters in the counties of Henry, SECTION 1. Be it enacted by the General Assembly of the Drill to pre State of Tennessee, That from and after the passage of this cede regimen. tal musters. Fines. act, the commissioned officers of the counties of Heury, Carroll and Gibson, shall hold their drill musters at the county seat of their respective counties, in each year preceding their regimental musters. * SEC. 2. Be it enacted, That hereafter all executions for fines or forfeitures imposed by any court martial in this state or other military tribunal having the power, shall be directed to the sheriff of the county where the delinquent resides, or to any constable within the bounds of the battalion where such delinquent resides, whose duty it shall be to collect the same, to be disposed of as directed by the existing militia laws of this State. SEC. 3. Be it enacted, That so much of the 36th section Repeal. of an act, to condense and bring into one view the militia laws of the State of Tennessee, passed, the 28th of Janua ry, 1840, authorizing provost martial to collect fines and forfeitures by execution due the regiment, be and the same is hereby repealed. 4 ment. SEC. 4. Be it enacted, That the courts martial of Hen- 109th Regiderson county, and in the 109th regiment of Tennessee militia, shall be held on the first Thursday in each and every 'November hereafter, instead of the 2nd Thursday in said month. SEC. 5. Be it enacted, That company and regimental Duties of ofofficers in the state, shall not be compelled to attend regi-ficers. mental court martials in uniform. BROOKINS CAMPBELL," Passed January 26, 1846. Speaker of the Senate. CHAPTER CX. An Act to incorporate a Male Academy at Turnersville in Robertson county, and for other purposes. SECTION 1. Be it enacted, by the General Assembly of the Incorporation, State of Tennessee, That an Academy is hereby incorporated in the vicinity of Turnersville, in Robertson county, in this state, to be known by the name of Sylvan Academy, and that Robert D. Carr, James Darden, Jesse S. Ellis, Trustees. Jesse Darden, Richard E. Hughes, R. H. Alley, Dr. G. E. Draughun, and their successors, be and they are hereby appointed and constituted a body politic and corporate, by the name and style of the Trustees of Sylvan Academy, for the space of one hundred years, and as such and by such name may sue and be sued, plead and be impleaded, buy and sell property, or otherwise acquire the same according to law, and sell or convey the same and have and enjoy. all other such rights as are usually possessed and exercised by other incorporated academies in this State, and pass all by-laws and ordinances necessary for their organization and government when organized so that the same are not inconsistent with the constitution and laws of this or of the United States-five of the above named Trustees being present and voting for any such by-law or ordinances. Powers of SEC. 2. Be it enacted, That said Trustees have power to fill any vacancy that may occur by death, resignation, re-trustees. dents. moval or refusal to act in said board, that they have power to elect a recorder and treasurer, and president of and for said institution, at their discretion, and for such term of time as may be by any by-law of theirs designated; and that the duties of such officers be defiued by a by-law or otherwise by said board of trustees. SEC. 3. Be it enacted, That when any student at said inDisorderly stu- stitution may be arraigned for any disorderly conduct, that he, she or they shall be tried by said board of trustees and such officers as they may have elected, and their judgment shall be a final decision of any such charge, and they shall have jurisdiction of any such charges, when the expulsion from said institution or a suspension therefrom is the only question at issue; and no student shall be expelled or suspended from said academy, except by the judgment and order of said trustees or a majority of them. SEC. 4. Be it further enacted, That all matters of order Trustees to and rule for the government and discipline of said Acadeemploy teachmy shall be fixed and defined by said trustées, or a majorers, &c. ity of them, which shall be a matter of record in said Institution, and that they have power to employ teachers for said Academy, and to discharge the same on sufficient cause, bad conduct, &c. When take effect. of Memphis. SEC. 5. Be it further enacted, That this act take effect from and after the passage thereof. SEC. 6. Be it enacted by the General Assembly of the State Exchange Co. of Tennessee, That Elisha L. Conant, J. Delafield, Jr., and their associates, be and they are hereby incorporated and made a body politic, under the name and style of the city exchange company of Memphis, and shall be vested with all the powers, rights and privileges granted to the Memphis City Hotel company in their act of incorporation, may sue and be sued, plead and be implead, answer and be answered, in all courts of competent jurisdiction; have a common seai alterable at pleasure, and ordain and establish. such by-laws rules and regulations as they shall deem necessary for their government, not inconsistent with the stitution and laws of this State. con SEC. 7. Be it further enacted, That books of subscription Books opened for the sum of fifty thousand dollars, divided into shares of ten dollars each, shall be opened on the first day of March A. D. 1846, after thirty days notice, thereof being first given in the newspapers printed in the city of Memphis, under the superintendence of E. L. Conant and J. Delafield Jr., as commissioners to carry this act into effect.. BROOKINS CAMPBELL, Speaker of the House of Representatives." H. M. WATTERSON, Passed January 26, 1846. Speaker of the Senate. CHAPTER CXI. An Act to authorize the Comptroller to issue his warrant for the payment of cer tain bounties upon silk which accrued under the act of 1842. Be it enacted by the General Assembly of the State of Tennessee, That the Comptroller be and he is hereby required to issue his warrant directed to the Treasurer of the State, authorizing him to pay out of any monies in the Treasury, not otherwise appropriated, all sums of money which may have become due to any person or persons, citizens of this State under the provisions of an act entitled an act to encourage the culture of silk in the State of Tennessee, passed February the 4th, 1842, to such person or persons, or to his, her or their written order upon the presentation of such claim made out in conformity with the requirements of the above recited act. Be it enacted by the General Assembly of the State of Tennessee, That if in any case heretofore or in any case hereafter, a mistake has or may occur in reporting the scholastic population in any county, and said report shall be cor rected, it shall be the duty of the Comptroller of the Treas ury to take such mistake into his estimate for the next distribution so as to make all the counties equal according to their true scholastic population. BROOKINS CAMPBELL, Passed January 28, 1846. |