Sullivan county

ly, to where said county line crosses said river, and from thence north as the line now runs.

SEC. 2. That William Blevins, Esq., Dr. M. A. W. Willoughby, George Hannah, Roly P. Chase, James seat of justice. G. Eames, John Thomas, Jacob Crumly, and William Jones, are hereby appointed Commissioners for Sullivan county, and said Commissioners or a majority of them, are authorized to select and designate by actual survey of said county, or otherwise, some eligible site on which to locate the seat of Justice for said county. And when said site is so selected, it shall be the duty of said Commissioners to give notice to the Sheriff of said county, of the site so selected. And said Sheriff, on being so notified, shall proceed to hold an election. at each civil district in said county, first giving at least twenty days notice, at three or more, public places in each civil district of said county; at which election the citizens of said county are required to vote for or against the removal from the present seat of Justice, to the site so selected. And the Sheriff of said county, is hereby required to hold said election, and to report the result thereof to the Commissioners aforesaid

SEC. 3. That if a majority of the qualified voters of said county shall vote in favor of the new site, so selected, the Commissioners or a majority of the same, mentioned in the foregoing section of this act, are hereby fully empowered, and authorized, and invested with power to carry into effect this act as hereafter directed.

SEC. 4. That it shall be the duty of the CommissionMay lay off town. ers aforesaid, to procure by purchase or otherwise, a deed of conveyance with covenants of general warranty, for a sufficient tract of land, at the site so selected, made to themselves, and successors, and assigns, and shall cause said town to be laid off, with as many streets and alleys as they shall deem sufficient, with a suitable square for the erection of public buildings, and said Commissioners may reserve such lots as they may deem advisable for the purpose of erecting a Jail, Literary Institutions, or Churches on them.

May sell lots.

SEC. 5. That the Commissioners aforesaid, shall sell the lots in said town, on a credit of twelve months, first giving thirty days notice of said sale in some newspaper published in East Tennessee, and shall take bond with security from the purchaser or purchasers, of said lots, payable to themselves and their successors in office, and shall make a title in fee simple as

Commissioners, to the respective purchasers of said lots, retaining a lien thereon until the payment of the purchase money is made.

SEC. 6. That the proceeds of the sales of the lots aforesaid, shall be a fund in the hands of said Commissioners, for the defraying the expenses incurred in the purchase of said tract of land on which said town is situated, and for defraying the expenses of erecting the necessary public buildings, and all the expenses incident to the execution of the several duties hereby imposed on said Commissioners.

SEC. 7. That it shall be the duty of said Commis- Public Buildings sioners, to superintend the erection of such public buildings as the county court of said county shall and may direct to be built, and shall let the same out on the most advantageous terms, and take bonds from the undertaker with ample penalties, and sufficient securities, payable to themselves and their successors, conditioned for the faithful performance of his or thei

contract.

Commissioners to

SEC. 8. That said Commissioners, after said site is selected as aforesaid, and before advertising and sell- give security. ing said lots, shall enter into bond with good and sufficient security, payable to the chairman of the county court, and his successors in office, conditioned faithfully and truly to perform all the duties herein assigned to them, and truly to apply, pay over, and account for all monies which shall and may come to their hands, as shall and may be directed by the county court of said county.

SEC. 9. That said Commissioners, hereby appointed, Shall take oath. before entering upon the duties assigned them by this act, shall take an oath to faithfully and impartially discharge the same, and shall have such compensation for their services as may be allowed by the county court, a majority of the Justices being present and voting for such compensation.

cords.

SEC. 10. That said town shall be designated and Removal of reknown by the name that a majority of the commissioners may choose to call it, and that when the public buildings are erected and completed, notice thereof shall be given by the chairman of the county court, in some newspaper published in East Tennessee, and immediately on such publication being made, it shall be the duty of all officers required by law, to hold their offices at the court-house, immediately to remove the same with all documents and archives thereto belonging, to said new court-house, at which, thereafter, all courts now directed by law to be held at the present

Minn

seat of Justice, shall be held at the new court-house in said town.

SEC. 11. That the line of the counties of Monroe Monroe and Me and McMinn, be so altered as to include the plantacounty tion of Samuel M. Johnston, now in the county of McMinn, and known as Miller's reservation tract, in the county of Monroe.

line.

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

Passed January 17, 1850.

Speaker of the Senate.

CHAPTER LXXXI.
HAPTER

An Act to incorporate the Proprietors of Gray Cemetery, in Knox county,

SECTION 1. Be it enacted by the General Assembly of the Incorporation. State of Tennessee, That William B. Reese, Marcus D. Beardin, James C. Moses, James M. Welcker, Joseph L. King, John H. Crozier, and Perez Dickinson, together with such other persons as may hereafter become proprietors of lots in Gray Cemetery, in the county of Knox, and who shall in writing signify their assent to this act, their successors and assigns be, and they are hereby created a corporation by the name of "the Proprietors of Gray Cemetery.

general powers.

SEC. 2. That said corporation may take and hold in Capital stock and fee simple either by purchase, gift, devise or otherwise, any real estate, not exceeding ten thousand dollars worth, to be by the Proprietors of the Cemetery aforesaid, dedicated and appropriated for a rural cemetery, or burying ground, and for the erection of tombs, cenotaphs, or other monuments for, or in memory of the dead; and for this purpose to lay out the same, or any part thereof, in suitable lots or other subdivisions for family and other burying places; and to plant and embellish the same with shrubbery, flowers, trees, walks, and other rural ornaments; and to enclose and divide the same with proper walls and enclosures, and to make and annex thereto other suitable appendages and conveniences, as the Proprietors shall from time to time deem expedient. And whenever the said corporation shall so lay out and appropriate any of their real estate for a cemetery or burying ground as afore

said, the same shall be deemed a perpetual dedication thereof for the purposes aforesaid; and the real estate so dedicated shall be forever held by the said corporation in trust for such purposes and for none other. And the said corporation shall have authority to grant and convey to any person o rpersons, the sole and exclusive right of burial, and of erecting tombs, cenotaphs, and other monuments, in any such designated lots and subdivisions, upon such terms and conditions, and subject to such regulations as the said corporation shall, by their by-laws and regulations, prescribe; and every right so granted and conveyed, shall be held for the purposes aforesaid, and for none other, as real estate by the proprietor or proprietors thereof, and shall not be subject to attachment or execution.

SEC. 3. That in addition to the powers herein 'enu- Additional powmerated, said corporation shall have and enjoy all the r powers usually conferred on corporations in this State; to sue and be sued, plead and be impleaded, and, if they see proper, to use a common seal, and the same to alter, break, or renew at pleasure, or may provide by a by-law, by any other mode they may see proper, instead of using a common seal, to give expression to the acts or contracts of the corporation.

SEC. 4. That the officers of said corporation shall officers and their consist of not less than seven, or more than twelve duties. Trustees, a Treasurer, Secretary and such other officers as they may direct. The Trustees shall be elected every two years, and shall hold their offices until others are chosen. And they shall choose one of their number President, who shall be also President of the corporation, and they shall also choose the Secretary and Treasurer, either from their own body or at large; and the said Trustees shall have the general management, superintendence, and care of the property, expenditures, business, and prudential concerns of the corporation, and of the sales of lots in the said Cemetery, and they shall make a report of their doings to the corporation, at their annual meeting. The Treasurer shall give bond for the faithful discharge of the duties of his office, and shall have the superintendence and management of the fiscal concerns of the corporation, subject to the revision and control of the Trustees to whom he shall make an annual report, which shall be laid before the corporation at their annual meeting. And the Secretary shall be under oath for the faithful performance of the duties of his, office, and shall record the transactions at all meetings of the corporation and of the Trustees.

Quorums.

SEC. 5. That the annual meetings of said corporaMeetings and tion shall be holden at such time and place as the bylaws shall direct, and the Secretary shall give notice thereof, in one or more newspapers printed in Knoxville, seven days at least before the time of meeting; and special meetings may be called by the Trustees in the same manner, unless otherwise directed by the by-laws, or by the Secretary in the same manner, upon the written request of twenty members of the corporation. At all meetings of the Trustees, a majority shall constitute a quorum for business; at meetings of the corporation, twelve members shall constitute a quorum for business, and all questions shall be decided by a majority of the members present, and voting either in person or by proxy.

membership.

SEC. 6. That the lots in said Cemetery shall be indiSuccession of visible, and upon the death of any proprietor of any lot in the said Cemetery, the devisee of such lot, or the heir at law, as the case may be, shall be entitled to all the privileges of membership, as aforesaid; and if there be more than one devisee or heir at law, the Board of Trustees for the time being, shall designate which of the said devisees or heirs at law, shall represent the said lot, and vote in the meetings of the corporation, which designation shall continue in force until by death, removal or other sufficient cause, another designation shall become necessary; and in making such designation, the Trustees shall, as far as they conveniently may, give the preference to males over females, and to proximity of blood and priority of age, having due regard however to proximity of residence.

donation, or be

quest.

SEC. 7. That it shall be lawful for said corporation to To hold by grant, take and hold any grant, donation or bequest of property upon trust, to apply the income thereof under the direction of the Board of Trustees, for the improvement or embellishment of the said Cemetery, or of any buildings, structures or fences, to be erected upon the lands of said corporation, or of any individual proprietor of a lot in the cemetery, or for the repair, preservation or removal of any tomb, monument, gravestone, fence or railing, or other erection in or around any cemetery lot, or for the planting and cultivating of trees, shrubs, flowers or plants, in or around any cemetery lot, according to the terms of such grant, donation or bequest; and any court having equity jurisdiction, shall have full power and jurisdiction to compel the due performance of the said trusts, or any of them, upon a bill filed by a proprietor of any lot in the said cemetery for that purpose.