years of age and upwards; and who shall be resident citizens of their counties on the first day of January, 1851; and it shall be the duty of each of said commissioners, to return such list of free white male inhabitants, so taken by them as aforesaid, certified to the clerk of the county court, on the 1st Monday in July, 1851.

Clerk's to make

> SEC. 2. That it shall be the duty of the clerks of the
county courts, respectively, to make out an aggregate out lists.
number of free white male inhabitants returned, as by
this act directed; and shall enter the same on the minutes
of the county court; and it shall further be the duty of
said clerks, to make out two accurate copies thereof, one
of which shall be filed in their respective offices, and the
other shall be transmitted to the secretary of State, on or
before the 1st day of October, 1851; which copies shall
be certified under their hands and seals of office; and
they shall also furnish the senators and representatives
from their respective counties, with a duplicate thereof.

SEC. 3. That it shall be the duty of the secretary of State, to receive all such lists to him transmitted, as by this act directed, and lay the same before the General Assembly during the first week of the session to be holden in the year 1851.

fill vacancios.

SEC. 4. That if any of the county courts in this State, shall fail to appoint commissioners, as conte:nplated by County Court to this act, or should any of the commissioners, appointed by virtue of the same, die or remove out of the county, before the time limited by this act, for taking and returning the list of free white male inhabitants, then it shall be lawful for said county court, in the county wherein any such failure, death, or removal may happen, at the next term of the court, to elect one in the place thereof, whose duty it shall be, to perform all the duties of commissioners, as directed in this act.

SEC. 5. That said commissioners, appointed by virtue.
of this act, shall be allowed the sum of three dollars for Foss.
each hundred free white male inhabitants, by him enume-
rated and returned, which shall be paid by the treasurer
of the State, upon a warrant from the comptroller of the

Speaker of the House of Representatives.

Passed February 9, 1850.

Speaker of the Senate.


nish tools.

An Act to improve Public Roads.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the overseers of public roads in such places as are now required to be causewayed, may, if they deem it best, pave the same with firm beaten stone or gravel for the width of fourteen feet, upon roads of the first class; ten feet upon roads of the second class, and of sufficient depth to make a good, firm, smooth road.

SEC. 2. That the county courts are authorized and County court fur- required, upon the application of an overseer, to cause to be provided, for the use of such road, such a number of small hammers, for breaking stone, as may be deemed necessary by the court. Said small hammers shall be kept and used by said overseer, under the same restrictions as is now provided by the act of 1807, chapter 59, section 1, for the safe keeping and proper use of the tools therein specified; and said overseers shall be liable to the same penalty for a misuse of said small hammers, as is prescribed by said act for a like misuse of tools mentioned in said act: Provided, That third class roads shall be opened seven feet wide; provided, that the county court shall have power to order roads of fourth class to be opened, which shall be bridle ways.

John Parson's ro'è

SEC. 3. Be it enacted, That Dr. John Parsons be and he is hereby authorized to construct a turnpike road from some suitable point on Tennessee river, through Decatur county to the Henderson county line, in a good direction towards the town of Lexington, in Henderson county.

SEC. 4. Be it further enacted, That said Parsons be Style of Rond, and he is hereby authorized and required to conform, in all respects, in the construction of said road, with the provisions of a charter granted to C. H. Williams, on the 21st January, 1846; and be subject to all the provisions in said charter; and have and enjoy all the rights, privileges and immunities granted to said Williams in said charter; and be subject to all the liabilities imposed on said Williams in said act; except so far as the said provisions be inconsistent with the provisions of this act.


SEC. 5. Be it further enacted, That William Lewis, John L. Houston and William J. Mirzobe, be and they are hereby appointed commissioners to examine said road, with the same powers and requirements, made of the commissioners provided for in the fifteenth section of the

act passed for the turnpike to be built by said Williams.

Speaker of the House of Representatives.

Passed February 9, 1850.

Speaker of the Senate.


An Act to authorize tax collectors and their successors to make deeds in certain cases, and to authorize Sheriffs to collect arrearages of taxes, &c., and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases in which lands have been sold or may hereafter be sold, for default in the payment of taxes, it shall and may be lawful for the tax collector selling the same, or any of his successors in office, to make a deed or deeds to the purchaser, or to any other person to whom the purchaser may direct the deed to be made, after the time of redemption shall have expired.

SEC. 2. That any such deeds shall be good and valid, as evidence of title in any court of law or equity in this State.

SEC. 3. Be it enacted, That all sheriffs that have gone out of office, within two years past, shall have two years, from the passage of this act, to collect arrearages of taxes, and close other unsettled business in their hands, with all the powers of acting sheriffs.

SEC. 4. Be it further enacted, That the provisions of the third section of this act, be extended to the securities of the collectors of the revenue, who have died within the last two years, and that they, the securities, be clothed with as full and ample powers to collect the revenue in arrears, as the collectors would be, had they lived.

SEC. 5. Be it enacted, That the lot and buildings in the city of Nashville, occupied by the Sisters of Charity as school rooms and receptacles of invalids and other objects of charity, be and the same is hereby exempt from taxation, so long as the same shall be used for the purposes aforesaid.


Speaker of the House of Representatives.

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Passed February 9, 1850.

Speaker of the Senate.

minister oaths in vacation.


An Act to amend the law of issuing warrants in civil cases, and to empower clerks to administer ouths in certain cases.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter, justices of the peace of this State, in cases where a warrant shall be demanded against any security on any bill single, bond or note, and the principal maker of such bill single, bond, or note, or drawer, shall reside in another county of this State, the justice shall have the power of issuing a counter part of such warrant to such other county against such principal maker or drawer of such bill single, bond or note, which shall be executed and returned to the justice issuing the same, within thirty days from its issuance, and the justice shall proceed to trial and give judgment as in other cases.

SEC. 2. Be it enacted by the authority aforesaid, That the clerks of the circuit and chancery courts of this Clerks may ad State shall have power to administer oaths in vacation time, to all suitors in their respective courts, when under the law it is necessary for such oath to be administered by any officer of the State, in any matter connected with any suit pending in said court; and such oath, so taken, shall be as binding and valid, and the same penalties shall follow for falsely swearing, as if such oath had been administered by any other officer under the government, under existing laws.

Comptroller's b'nd and oath.

SEC. 3. Be it enacted, That from and after the pasof this act, the securities in any bond of the compsage troller, may be acknowledged before any judge of the circuit court or chancellor in this State, and the oath of office may be administered by any judge of the circuit court or chancellor to the comptroller, and the act of the circuit judge or chancellor, relative to the bond and oath of the comptroller shall be as valid as the act of any judge of the supreme court in like cases.


Speaker of the House of Representatives.

Passed February 8, 1850.

Speaker of the Senate.


An Act to incorporate Hiwassee College, in the County of Monroe.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the following persons, to wit, John Key, Lewis Carter, John F. Galbraith, Henry H. Stephens, James A. Coffin, William M. Stakely, John B. Tipton, William Heiskell, Joseph B. Heiskell, Isaac T. Lenoir, Samuel Henderson, sr., David M. Key, Madison Clyburn, James Clyburn, Joseph Foshee. George W. Gibson, Donald A. McKedre, Newton W. Hawn, Elisha Griffith, William Dyer, and John H. Allen, and their successors, duly appointed by a majority of the board of trustees, upon vacancy occurring by death, resignation, or removal from the county of Monroe, in the said State of Tennessee, be incorporated by the name and style of the Trustees of, Hiwassee College; and in such name shall have succession for fifty years, and shall have power to hold property, real and personal, to sue and be sued, plead and be impleaded, to convey or exchange their property and real estate, to have a common seal, and to confer degrees in as full and ample a manner as any college or university in the said State; that the said trustees shall have power to appoint the president, professors and trustees of said college; the president shall be ex-officio, a member and president of the board of trustees, with full power to act as such; that the said trustees shall have power to adopt by-laws as may be necessary to the good conduct and success of said college; to remove the president, professors, and tutors, upon fair and open trial, for incompetency, immorality or negligence of duty; to suspend, expel or otherwise punish students guilty of breaches of the rules and regulations of said institution, duly published and made known to such student; or for immorality or crime; that the said board of trustees shall have two regular meetings in each year, to be held at such times. as they may think proper, at which time every regular and ordinary act shall be done; Provided, That if it shall be necessary at any time, the president shall have power to call a meeting of the board of trustees, who may, a majority of the members being present, do any act necessary and proper to be done; which shall remain in force until the next regular meeting of the board, and no longer; that the said college shall have the right to receive such fund of the Bolivar Academy as may be unappropriated and unexpended, and now

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