Elections.

be elected, and the time at which they may assume power to act as such; each stockholder in this and other elections being allowed one vote for every share of stock which he or she may possess in said institute. SEC. 5. The board of directors elected by the stockholders or a majority of said directors shall be empowered to elect a president from their number, a treasurer and secretary from their body, also, and define their duties, to make by-laws and regulations for their goyernment as directors, and do all other acts usual for like directors to do; and they shall further be empowered by the vote of two-thirds of their number to purchase a site for buildings and contract for the erection of a suitable edifice thereon: Provided, That if twcthirds of the directors cannot agree upon the purchase and erection aforementioned; then the president of the Directors board of directors shall, by twenty days' notice in some newspaper printed at Nashville, call a meeting of the stockholders, and they, the stockholders, shall select from themselves a committee to consist of such number as to them may seem fit, and authorize the same to purchase a site and contract for the erection of a suitable building thereon.

Calls and ferfeiture.

Capital

may

ed.

Stock

SEC. 6. The shares, subscribed for, shall be made payable in such instalments as the company may from time to time agree upon, and if any stockholder shall fail or neglect to pay the instalments on any one of them as ordered by the company, the president of the board of directors shall give him notice to pay the same within thirty days, which, if he fail or refuses to do, he shall forfeit his entire stock, and all that has been paid upon it to the company, and the forfeited stock shall be disposed of to the best advantage for the institute: Provided, That the company itself or by its agent may remit said forfeiture, and sue the defaulting stockholder, by action of debt, before any tribunal having jurisdiction of the same, and cause the same to be made out of his or her property; if, after judgment is obtained, however, it is not eventually paid, the above forfeiture shall attach.

SEC. 7. Be it enacted, That the capital stock of the be increas Nashville Mechanics' Institute may amount to twenty thousand dollars, and be increased to thirty thousand dollars if desired by the stockholders.

corporated.

Waynesboro' in- SEC. 8. Be it further enacted, That the town of Waynesborough and the inhabitants thereof, be and they are hereby constituted a body corporate by the name and style of the Mayor and Aldermen of the town of Waynesborough, and by the name and style

aforesaid shall have perpetual succession and may have and use a common seal, and may, by the name and style aforesaid, sue and be sued, plead and be impleaded, may have, receive, purchase and hold property, whether real or personal, and may grant, sell and dispose of the same for the use and benefit of said town.

SEC. 9. Be it enacted, That the corporation aforesaid, shall have full power and authority to enact such bylaws and ordinances as may be necessary and proper to preserve the health, quiet, and good order of said town, to prevent and remove nuisances, to establish night watches and patrols, to punish breaches of good order committed within the said town, to ascertain and declare, when necessary, the boundaries of said town, to open and extend the streets and alleys by the consent of the owners of the property through which they may be opened or extended, to provide for licensing and taxing auctions, to restrain and prohibit gaming, to prohibit the exhibition of stallions and jacks within the limits of said corporation, to provide for the licensing, taxing and regulating theatrical and other shows and exhibitions, to pass by-laws and ordinances proper for paving the streets, alleys and sidewalks, to improve and collect fines and forfeitures for breaches of the by-laws and ordinances of said corporation, to levy and collect tax upon all polls, property and privileges within said corporation, which are taxable by the laws of this State, or which may hereafter be made taxable by law, to tax ball alleys, nine and ten pin alleys, and to pass all by-laws and ordinances necessary and proper to enforce the powers granted to said corporation, not inconsistent with the constitution and laws of the United States or of the State of Tennessee.

General powers.

Fines and Forfeit

SEC. 10. Be it enacted, That all fines and forfeitures, imposed by the by-laws and ordinances of said corpor- ures. ation not exceeding fifty dollars, shall be recoverable by action of debt before the mayor of said town or any justice of the peace of Wayne county, and for sums exceeding said amount before the circuit court of said county.

SEC. 11. Be it enacted, That on the first Saturday in Elections. January, in each and every year, the sheriff of Wayne county, by himself or deputy, shall open and hold an election at the court house in said town, after giving ten days' notice, for seven aldermen and a town constable, who shall hold their offices for twelve months and until their successors shall be elected and qualified, and all persons living within the bounds of said cor

poration who shall have been residents thereof for six months next preceding said election and who are otherwise entitled to vote for members of the General Assembly, shall be entitled to vote in said election, and no person shall be eligible to the office of alderman unless he shall be at the time a householder within the corporation aforesaid; said election shall be judged by three householders to be appointed by the sheriff or his deputy aforesaid, and qualified by him, the polls to be opened at twelve o'clock, M., and closed at three P. M., immediately after which the sheriff shall deliver to each person so elected a certificate of his election.

SEC. 12. Be it enacted, That it shall be the duty of the aldermen and constable so elected as aforesaid, on the Tuesday next succeeding their election, to meet in the court house in said town and upon the presentation of their certificates of election to the clerk of the county court of Wayne county, he shall administer to each of said aldermen an oath of office to the effect that they shall faithfully demean themselves as such, during their continuance in office, and thereupon the said board shall organize themselves, a majority of whom shall constitute a quorum to transact business, and proceed to elect one of their body to preside as mayor Recorder, Treas- for the current year, and until his successor shall be Constable. elected and qualified, and also to elect a recorder and treasurer, the latter of whom and the town constable shall enter into bond and security to be approved by the mayor in the sum of two thousand dollars, payable to the mayor and aldermen of said town, conditioned for the faithful collection and to pay over as required by said board, all taxes, fines, forfeitures, &c., which may be due to said corporation; and the said recorder and treasurer shall respectively hold their offices for one year and until their successors shall be appointed.

urer and Town

Vacancies.

Constable's duties

SEC. 13. Be it enacted, That all vacancies for aldermen and other officers in said corporation, shall be filled for the residue of the time by the board of aldermen in office, and the persons so appointed by them shall have the same powers and possess the same qualifications for office as required in the 11th section of this act.

SEC. 14. Be it enacted, That it shall be the duty of the constable faithfully to execute all process to him directed as such, and collect and pay over, on the first Mondays in January and July in each year, all taxes, fines and forfeitures due and owing to said corporation, and on failure shall be held, on motion, before the

circuit court of Wayne county, and shall, further, be liable to removal from office for the delinquency, at the pleasure of the mayor and aldermen.

SEC. 15. Be it enacted, That it shall be the duty of Jailor. the sheriff of Wayne county to receive and keep in the jail of Wayne county, any person who may be committed to his charge for a breach of the by-laws 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.

SEC. 16. Be it enacted, That the bounds of said town Boundaries. shall be as follows, to wit: Beginning at the north-west corner of the original forty acre tract of land, laid off for said town: running thence west forty-five poles; thence south one hundred and twenty poles; thence east to Green river; thence down Green river with its meanders, to the east boundary line of the original town tract aforesaid; thence with said original east boundary line to the north-east corner; thence west to the beginning.

SEC. 17. Be it enacted, That all the by-laws and ordinances of the old corporation of said town now in force, and not contrary to the provisions of this act, shall continue in force until repealed by the mayor and aldermen of said town, and this act shall take effect from and after its passage.

Former Laws re

SEC. 18. Be it enacted, That all laws and parts of, laws heretofore enacted on the subject of said corpora- pealed. tion be, and the same are hereby repealed.

SEC. 19. Be it enacted, That on failure of the sheriff Elections. to advertise and hold the election for aldermen and constable at the proper time, it shall be lawful to hold the same at any time thereafter upon giving the notice as required in this act.

ties.

SEC. 20. Be it enacted, That said corporation shall Extent of liabilinot have power to contract a debt for a larger amount than five hundred dollars, nor shall the sum outstanding against said corporation at any time exceed the sum of five hundred dollars.

taxes.

SEC. 21. Be it enacted, That when any tax or duty Collection of shall be levied or imposed by said corporation upon any real estate lying within the said town, and the owner or owners thereof shall not pay the same within the year for which the same was levied or imposed, it shall be the duty of the recorder, upon the fact being reported to him by the town constable, that the owner or owners have no personal property upon which he can distrain, to report the said real estate to the Circuit

Court of Wayne county, at the first term of the year, next succeeding, or any subsequent term of that year; and it shall be the duty of said court to enter up judgment against the said real estate for the taxes or duties remaining due and unpaid thereon, and the same shall be sold by the sheriff at the same time and place, and in the same manner and under the same conditions, as if the taxes had been due the State and county; and which shall vest the title in the purchaser as in other tax sales, and the sheriff shall pay over to the treasurer of said corporation the taxes so by him received, and on failure shall be liable on motion as in other cases, with twelve and a half per cent interest thereon.

SEC. 22. Be it enacted, That the mayor, town constaFees. ble, treasurer, and recorder shall have such fees for their services as may be allowed them by the mayor and aldermen of said corporation.

SEC. 23. Be it enacted, That the by-laws and ordinances of said corporation hereafter passed, imposing any fine or forfeiture, shall not take effect until they have been published by being posted on the door of the court-house in Waynesborough for ten days.

SEC. 24. Be it enacted, That the name of the Speedwell Academy, in the town of Tazewell, in Claiborne county, be and the same is hereby changed to the name of the Tazewell Male Academy.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed January 30, 1850.

Speaker of the Senate.

struments

Dader soal.

not

CHAPTER LX.

An Act to simplify the administration of the law in certain cases.

SECTION 1. Be it enacted by the General Assembly of Evidence on in- the State of Tennessee, That in all suits which may hereafter be brought in any Circuit Court, or before any justice of the peace in this State, upon any bill single, bond or other instrument under seal, the defendant or defendants may plead and give in evidence all matters in defence in such suit which, by the existing laws and rules of evidence, he, she, or they might plead or give in evidence, in a suit upon any similar instrument not under