« ForrigeFortsett »
their body from death, resignation or otherwise; to declare the seat of any member vacant, who may fail to attend their meetings for a year together, or who may commit any act calculated to impair the credit or otherwise injure the Institution.
SEC. 3. Be it enacted, That said Board of Trustees General powers. may from time to time, make such by laws and ordinances for the government and well being of the Institution, consistent with the laws and constitution of the United States, and of the State of Tennessee, as they may deem necessary and proper, to elect a faculty and empower the same to take charge of the several departments of learning, and fix their salaries. To adopt such measures as may be expedient to increase the funds and property of the Institution, and shall convene at least once in each session, and as often as the presiding officer may think proper to call meetings, which at least three days notice shall be given to each member of the Board; and seven members of said Board may constitute a quorum to transact business.
SEC. 4. Be it enacted, That the faculty with the adDegrees and vice and consent of the Board of Trustees, shall have full power and authority to confer upon any student in said Institution or other person, any degrees and honors usually conferred in any College or University in this State or in the United States.
SEC. 5. Be it enacted, That the estate already acquired, and such as may hereafter be possessed, shall be and remain for the use of the said Institution, and for the advancement of learning and morals at their Institution, and shall not be diverted to any other use or purpose.
SEC. 6. Be it enacted, That in addition to the usual course of instruction in Colleges, the trustees shall have power to establish a department for teachers, in which a proper course of instruction and training shall be adopted, to qualify students for practical teachers; and may grant such rewards and honors for merit as in their judgment may be proper.
LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,
Passed, January 4, 1850.
Speaker of the Senate.
An Act to entitle either party to any Suit before a Justice of the Peace in this State to a Discovery.
SECTION 1. Be it enacted by the General Assembly of the State Tennessee, That either party to a suit pending before any justice of the peace of this State, shall be entitled to a discovery from the other party, of all matters material to the issue in such suit, in all cases where the same party would be entitled, by rules of equity, to a discovery in aid of said suit.
SEC. 2. To entitle a party to such discovery he shall present a petition verified by the affidavit of himself or some other creditable person, to the magistrate, setting forth the matter upon which his claim to a discovery is founded, the fact sought to be discovered, and such interrogatories, in relation thereto, as may be thought necessary to exhibit, in order to obtain a full discovery.
Justice may grant
SEC. 3. The justice of the peace, before whom said petition is filed, may grant an order requiring the party order. or parties from whom the discovery is sought to answer the interrogatories exhibited in the petition, or that he or they show good cause why he or they ought not to answer them; and he may further order the trial of the suit to be stayed until the order be complied with or vacated.
SEC. 4. The petition and order to answer, shall be filed with the papers in the office of the justice of the peace, and a copy thereof served upon the other party or his attorney, at least one day before the trial of the cause, and the justice may exercise the same powers therein as would be had, or might be exercised, in a court of equity, on a bill of discovery in aid of a suit at law.
SEC. 5. The answer of the party to the interrogato- Answer. ries shall be evidence on the trial of the suit in the same manner, and with like effect, as an answer to a bill in equity for a discovery; and if the party shall neglect or refuse to answer the interrogatories, and the petition shall, according to the course in equity, be finally taken for confessed, the facts stated in the petition, and therein sought to be discovered, may be given in evidence upon the trial as facts admitted by the party from whom the discovery is sought.
SEC. 6. That the provisions of this act shall apply to all cases that are within the jurisdiction of the justices
of the peace, when desired by either party.
SEC. 7. Be it enacted, That so much of an act passed Statute of Limi
on the 28th January, 1850, entitled an act to simplify
the administration of the law in certain cases, as authorizes any statute of limitation to be pleaded to bonds and instruments under seal, be and the same is hereby repealed.
LANDON C. HAYNES.
Speaker of the Senate.
Passed February 2, 1850.
An Act for the benefit of the Widows of persons dying intestate and without heirs at law, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter, when any person shall die intestate, leaving no heirs at law capable of inheriting real estate under the laws of Tennessee, but leaving a widow, then, in that case, the said widow shall be entitled in fee simple to all the real estate of which her said husband died seized and possessed: Provided, The said real estate shall be liable to the payment of all the just debts of said intestate in the same way and to the same extent, that such real estate is now liable.
SEC. 2. That the provisions of this act shall be extended to and embrace all cases, in which persons may have heretofore died intestate, as mentioned in the first section of this act, as well as those who may hereafter die intestate, and for the recovery of such real estate suits have not been brought, or if brought, have not yet been determined.
SEC. 3. That in all cases where persons may have died intestate in this State, previous to the passage of the act of 1843-4, chapter 211, leaving no other distributee, but leaving a widow, and in which suits may not have been brought for the recovery of so much of the personal estate of such intestate as by the law then in force, escheated to the State. or if such suits have been brought and have not yet been determined, then and in that case such widow shall, after the payment of all the just debts of such intestate, be entitled to the whole of such personal estate absolutely.
SEC. 4. That in all cases in which any of the attorney generals of this State may have brought suit for the to dismiss. recovery of any real or personal estate which may have escheated to the State, under the laws of this State, and which may be embraced in any of the foregoing sections of this act, the said attorney generals, respectively, are hereby authorised and required to dismiss such suits: Provided, That in all such cases those who, by the provisions of this act, take such estate, shall pay all the cost and expenses incident to the bringing and prosecuting of such suits.
SEC. 5. That so much of the laws of escheats now in force in this State, as come within the purview and meaning of this act, be and the same are hereby repealed.
LANDON C. HAYNES,
Passed January 10, 1850.
Speaker of the Senate.
An Act to incorporate the towns of Linden, in Perry County, and Dyersburg, in Dyer
SECTION 1. Be it enacted by the General Assembly of Corporation. the State of Tennessee, That the town of Linden, in the county of Perry, and the inhabitants within the limits of said town, are hereby constituted a body politic and corporate by the name and style of the Mayor and Aldermen of the town of Linden, and shall have perpetual succession; by their corporate name shall sue, and be sued, plead and be impleaded, purchase and hold property, personal, real and mixed, and dispose of the same for the benefit of said town, and may have and use a town seal.
SEC. 2. That the corporate limits of said town of Corporate limits, Linden shall embrace all the lands deeded by David R. Harris to the commissioners of Perry county, as a site for the county seat, and such boundaries as are therein described, shall be the corporate limits of said town.
SEC. 3. That the sheriff of Perry county, by himself or deputy, shall hold an election at the Court House, in Linden, on the 1st Saturday in July next, (1850) and on Elections.
the same day in each and every year thereafter, for the purpose of electing five persons to serve as Aldermen for the corporation of said town of Linden, for one year, commencing on the Monday next succeeding the day of election; and all persons owning a freehold in said town, and all persons residing in said town, who would be qualified to vote for members of the General Assembly of this State, shall be entitled to vote for Aldermen, and no person shall be eligible as an Alderman unless he be a citizen of said town.
SEC. 4. That the five persons qualified as aforesaid, having the highest number of votes at any election held as aforesaid, shall be duly elected, and the sheriff of the said county of Perry, or his deputy, holding said election, shall give each of the five persons elected, a certificate of his election, and it shall be the duty of the Aldermen so elected, to meet at the court house on the Saturday next succeeding the day of their election, and any number not less than three, shall be a quorum, and they shall there proceed to elect by ballot one of their number to be Mayor for the time for which the Aldermen were elected as aforesaid; and when any Mayor of said corporation shall die, resign or remove out of said town, another election shall be made by the Aldermen Vacancies in the manner aforesaid, of another person for the time then unexpired, and when any Alderman shall die, resign or remove out of said town, such vacancy may be filled by the Mayor and Aldermen of said town at any regular meeting, and the person or persons so appointed shall serve until the next election.
SEC. 5. That the Mayor and Aldermen shall, before Oath, entering on the duties of their offices, take an oath before some justice of the peace, for Perry county, faithfully and honestly to demean himself and themselves, as Mayor and Aldermen of said town, during their continuance in office.
SEC. 6. That a Constable, Recorder and Treasurer Officers for said corporation shall be elected by the Mayor and Aldermen of said town, and shall continue in office for one year, and the corporation may require of them such bond, with security, for the performance of the duties of their office, as may be deemed necessary and proper; and they shall, before entering upon the duties of their respective offices, take an oath before some justice of the peace, for Perry county, faithfully and honestly to demean themselves in their offices respectively.
SEC. 7. That the corporation aforesaid, shall have Powers of Board. full power and authority to enact such laws and ordinances, necessary and proper to preserve the health of