A majority to do business.

Salaries.

of the officers holding said election, to make out and deliver to the recorder elect, a certificate of their elections, within three days thereafter; which certificate shall be produced at the first meeting of the board, and a minute thereof made upon the records of the corporation. And if the said sheriff shall fail to hold said election at the time herein mentioned, it shall be the duty to hold it as soon after as may be, after giving the requisite notice; and for his failure to hold the election as prescribed in the fourth section of this act, he shall forfeit and pay the sum of fifty dollars to said corporation, to be recovered by action of debt, in the name of the mayor and aldermen of the town of Jackson. And if there should be no sheriff of said county, the election shall be held by the coronor of said county, under the same rules, regulations and penalties, as are herein before prescribed.

SEC. 6. A majority of the said board of mayor and aldermen, shall be aquorum to do business; and if the mayor, constable, recorder or any alderman, should die, resign or remove out of the limits of the corporation, the vacancy shall be supplied by the board at the next meeting, or as soon thereaf ter as may. And the person or persons so elected, shall perform the same duties, and be vested with [the] same powers and privileges, as the persons whose vacancies they are appointed to fill; and upon like conditions, the mayor, aldermen, recorder and constable, shall respectively take an oath, before entering upon the duties of their office, to execute the same faithfully, impartially; and also, the mayor and aldermen shall each take an oath to support the Constitution of the United States and the Constitution of the State of Tennessee.

SEC, 7. The mayor, recorder and constable shall receive for their services an annual salary which shall be fixed by the board in each year; and the mayor and constable shall also receive such fees and commissions as justices of the peace and constables are authorized to receive for rendering judgment, service of process, and collecting monies; and

the constable shall receive such other fees for other services as the board may allow him. Before entering upon the discharge of their duties the recorder and constable shall enter into bond with good security in double the supposed amount of money which may come into their hands, conditioned for the faithful performance of their duties, and for the diligent collection and faithful accounting for all monies that shall come to their hands for fines, forfeitures and other monies due said corporation, and, which ought by law to be collected and paid over by them; and the said constable shall be liable as herein mentioned for failing to return process, or pay over money collected by process issued by the mayor. Said bond shall be made payable to the mayor and aldermen of the town of Jackson and their successors in

office, for the use and benefit of said corporation; said bond shall be filed and carefully preserved among the records of said corporation.

SEC. 8. The constable shall pay over monthly to the re- Duties of Concorder, all sums of money recorded [received] by him for stables. said corporation, and shall render an account semi-annually on the last Saturday in June and the last Saturday in December of each year, and as much oftener as the board of mayor and aldermen shall require, [a] full and complete. statement of the finances under his control, and the said recorder shall exhibit to the board semi-annually on the last Saturday in June and December in every year, a full and complete statement of the condition of the finances of said corporation; he shall also within thirty days from the time of assessing the taxes of said corporation deliver to the constable a tax list, which shall be the authority of said constable for collecting the same, and the said recorder shall preserve a copy of the said tax list among the papers of the said corporation; no monies shall be paid out except by the recorder, and in no instance except upon the order of the mayor, made in pursuance of the directions of the board, or of such other person as the board may appoint; at the expiration of his term of office, the recorder shall deliver to his successor all books and papers belonging to the corporation and take his receipt therefor.

SEC. 9. It shall be the duty of the jailor of Madison Jaflor to keep county to receive, and keep, in said jail, any person who riotous persons." may be committed to his charge, for a breach of the bylaws and ordinances of said corporation; and all disorderly and riotous persons committed to his charge in the night time by the town constable; for which he shall receive the same fees as in other cases of imprisonment.

erty.

SEC. 10. In all cases where there have been conveyed Board of M. & A. by any person to the former corporation of said town of to convey propJackson, or to the town of Jackson, any roads, streets, alleys, lots, grave-yards, or other property, the same shall enure to the use of said corporation, hereby created, and vest in it forever. And in all cases where the town of Jackson, by commissioners, or by its mayor, or board of aldermen, have heretofore sold and conveyed property, such sales and conveyances are hereby confirmed and made valid and good to the purchasers, and all of possessions held under, and by virtue of said rules and conveyances, shall be official to carry the legal title and estate in the same to persons so holding possession, and their heirs forever; and in all cases where commissioners of the town of Jackson, appointed by the General Assembly of the State of Tennessee, or the county court of Madison county, for the purpose of selling, conveying and making titles to lots, or parts of lots, in the said town, and such commissioners

have failed, or omitted to execute deeds, and make titles to such lots, or parts of lots, it shall and may be lawful for the mayor and aldermen of said town, either under their own proper hands and seals, or under the signature and seals of the Recorder, and the seal of the corporation, make and execute deeds of conveyance to the purchaser, or purchasers, their heirs and assigns, as the case may be, for such lots, or parts of lots. And such deeds so made, as aforesaid, shall be as valid and effectual to pass title to such lots, or parts of lots, as if the same had been by commissioners appointed for that purpose.

SEC. 11. Where any tax or duty shall be levied or imImpose taxes. posed by said corporation, upon any real estate lying within said corporation, and the owner or owners, occupier or occupiers thereof, shall not pay the same, and the town constable shall make return of that fact, and that the owner, or owners, [or] occupiers have no personal property within the said corporation, upon which to distrain for the said tax or duty, it shall be the duty of the recorder to report the same to the circuit court of Madison county, at the town to which the sheriff thereof is required, by law, to report lands for the non-payment of taxes; and thereupon, it shall be the duty of said court to enter up judgment against the said real estate for taxes or duties, aforesaid, in like manner as judgments are entered for non-payment of the State and county taxes, and the same shall be sold by the sheriff, at the same time and place, and in the same manner, under the same conditions, as lands are sold upon which the State and county taxes have not been paid, which sale shall vest the title in, the purchaser, in the same manner, and upon the same conditions, as if the sale had been made for the taxes due the or State county, and the proceeds of said sale shall, immediately be paid over, by said sheriff, to the recorder, for the benefit of said corporation; and if the said sheriff shall fail to pay over all sums of money received by him, by virtue of such sale, as required by this act, said sheriff and his securities, shall, and may be proceeded against, by motion in the circuit court, of Madison county; and it shall be the duty of said court to enter up judgment for all monies so received, against the sheriff and his securities, with twelve and a half per cent. interest thereon, in favor of the said mayor and aldermen.

Boundaries

SEC. 12. The corporation of the town of Jackson shall be bounded as follows, to wit: Beginning at the junction of the Bolivar and the Tanyard roads, thence east with the south boundary of the Tanyard road to Royal street; thence in a direct line in a north-eastern direction to the southern termination of High street; thence north with the east side of said street, to the street or road leading from Jackson to Chandler's mill; thence east with south boundary thereof,

to the top of the hill, due south of the east end of an office on the premises of William T. Haskell; thence north to the stage road leading from Jackson to Huntingdon; thence west five degrees south, with the south side of said road, to a point due south to the south-east corner of Mr. Stodart's lot; thence north to a point due east of the south side of Brown's alley; thence west to a point due north of the western boundary of William F. Steel's yard; thence south to said Steel's south line; thence east to a point due north of the north-western corner of Henry W. McCorry's yard; thence south with the west side of said yard to its southwest corner; thence in a direct line to the beginning.

SEC. 13. Be it enacted, That if the recorder or constable of the said town shall fail or refuse to pay over any monies by either of them received for the use of said corporation, such recorder or constable, as the case may be, shall be liable to be proceeded against by motion or suit at common law, in the circuit court of Madison county, or any other circuit court having jurisdiction of the person of such recorder or constable, as the case may be, and it shall be the duty of such court to enter up judgment against such delinquent officer and his securities, for the money so received, in the name of the said mayor and aldermen, for the use of said corporation. Provided, That if the proceedings be by motion, such officer shall have five days notice thereof.

SEC. 14. And all fines and forfeitures imposed by the by-laws and ordinances of said corporation, exceeding fifty dollars, shall be recoverable by action of debt, in the circuit court of Madison county, in the name of the mayor and aldermen of the town of Jackson, or in the circuit court of any other county having jurisdiction of the person of defendant.

Liabilities of Recorder and Constable

Fines, &c.

Bolivar-ex

SEC. 15. Pe it enacted, That the corporation of the town of Bolivar in the county of Hardeman, be extended so as to tension of limits. include the inhabitants and property in the bounds, hereafter mentioned, to wit: Beginning at the north-west corner of the original fifty acres laid off for said town of Bolivar; from thence west about fifty poles to Edwin Polk's land; thence south with his line to the south-west corner of John H. Bill's residence lot; thence east about one hundred and forty-five poles to a point south of the south-east corner of the original limits of said town; thence west and north with the limits of said town, to the beginning; that the said limits be and the same are hereby made a part of the corporation of the town of Bolivar, with all the rights and privileges of the original corporation, and subject to all the taxation and restrictions thereof, and the public streets, lanes and alleys now passing through said land, be and remain public, under the same rules and regulations, that the streets in said town are subject.

Covington the same privileges as Jackson.

Limits of Corpo.

SEC. 16. Be it further enacted, That the town of Covington, and the inhabitants thereof, be and the same are hereby incorporated, with all the rights, powers and privileges as are conferred upon the town of Jackson, and that the election for officers of said town, shall be held by the sheriff of Tipton county, on the first Monday of January, 1846, or any day after that which may be designated by said sheriff, and forever afterwards, said election shall be held annually upon such day as may be designated by said sheriff.

SEC. 17. Be it further enacted, That the limits of said ration unchang town shall be the same as have been heretofore provided by an act of the Legislature.

ed.

Repeal.

SEC. 18. Be it further enacted, That all laws, which come in conflict with this, so far as the same relate to the town of Covington, be and the same are hereby repealed.

BROOKINS CAMPBELL,

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

Passed Dec. 16, 1845.

Speaker of the Senate.

Old entries remain good.

Occupant claims.

CHAPTER XVIII.

An Act to make good certain entries and to suppress litigation.

WHEREAS, it appears that in some instances in entering lands in the land offices south and west of the Congressional reservation line, land warrants were divided, and by the entrytakers of those offices a good many small entries were permitted to be made on large warrants, and as doubts are entertained whether entries thus made are legal-Therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all entries made upon good and valid warrants south and west of the Congressional reservation line, are hereby made as good and effectual as if there had been, at the time such entries were made, no law prohibiting the making of two or more entries on parts of the same land warrant.

SEC. 2. Where any person may be in good faith the owner or claimant of a tract of land, which appears to be regularly entered in any of the said land offices, and such entry may be void for the want of a land warrant to found it upon, or for any other reason, such person shall have the same preference of entry as the occupants south and west of the Congressional reservation line have by law; and it shall not be lawful for any other person to enter said land