CHAPTER CXI. An Act to authorize the construction of the Magnetic Telegraph, and providing for the protection of the same. WHEREAS, many of the citizens of the State of Tennessee are interested in the construction of lines of the Magnetic Telegraph, and desire the protection of their property, and the privilege of using the public roads and highways for their posts and wires: SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That any company, or individual may erect posts and wires and other fixtures for telegraphic purposes, on, or by the side of any public road or highway in this State; Provided, That such posts, wires, or fixtures, shall in no wise be set or placed so as to obstruct, hinder, or in anywise interfere with the common use or business of said roads or highways. SEC. 2. That if any person shall wilfully destroy, damage, or in anywise injure said telegraph posts, wires, or fixtures, he, or they shall be deemed guilty of a misdemeanor, and shall be punished as provided by the laws now in force. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Passed February 4, 1850. Speaker of the Senate. CHAPTER CXII. An Act requiring notice to be given for the formation of New Counties. Be it enacted by the General Assembly of the State of Tennessee, That when it is intended to petition the General Assembly to create a new county, notice of such intention shall be posted on a court day at least sixty days next preceding the annual election of Representatives to the Legislature, at the front door of the court house of the counties from which the new county is proposed to be formed, which notice shall set forth the name of such counties, the metes and bounds proposed for such new county. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Passed February 1, 1850. Speaker of the Senate. CHAPTER CXIII. An Act to amend the law now in force in cases of forcible entry and detainer, forcible detainer and unlawful detainer. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when any party in any or either of the above named cases in this State may die during the pendency and before a final determination of any such suits, it shall and may be lawful for such suit to be revived in the name of the heirs or legal representatives of such deceased party in the same manner and to the same extent that actions of ejectment can now be revived. SEC. 2. Be it enacted, That this act shall apply to all cases now pending, and which have not been abated by the order and judgment of the court where such suit may be pending. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Passed January 24, 1850. Speaker of the Senate. CHAPTER CXIV. An Act to provide punishment for the commission of rape by a free negro, and for the punishment of a negro guilty of being an accessary before the fact, to murder in the first degree. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That any free negro, or free mulatto, who shall commit rape on a free white female, shall suffer death by hanging. SEC. 2. Be it enacted, That if any negro, or mulatto, bond or free, shall be an accessary before the fact to murder in the first degree, he or she, shall suffer death by hanging. LANDON C. HAYNES. Speaker of the House of Representatives. Passed February 9, 1850. Speaker of the Senate. CHAPTER CXV. An Act to relieve the Bank of Tennessee, to sell the stock in Union and idends. SECTION 1. Be it enacted by the General Assembly of the Semi-annual div. State of Tennessee, That from and after the passage of this act, the President and Directors of the Bank of Tennessee, shall declare semi-annual dividends of the Bank and Branches, on the first of January and first of July of each year, and as soon thereafter as the nett amount of said dividends can be ascertained, shall pay over the same to the Treasurer of the State, taking his receipt therefor, which shall be made to appear in the biennial reports to the General Assembly, of both the Treasurer and the Bank. SEC. 2. That the Treasurer shall, out of the divi- Treasurer to pay dends so declared and paid over, or any other monies School fund. in the Treasury not otherwise appropriated, pay annually to Common Schools and Academies, the sums heretofore appropriated by law, upon the warrant of the Comptroller, and that the Bank shall keep and disburse said appropriations as now required by law. SEC. 3. That the Treasurer shall also pay out of said. dividends or any other monies in the Treasury not otherwise appropriated, the interest upon the outstanding bonds of the State, that may from time to time become due upon the warrant of the Comptroller. Provided, however, that the Bank of Tennessee shall act as agent of the Treasurer in paying the interest that may be due and payable at Philadelphia and New York. To pay interest on bonds. and Planters' SEC. 4. That the President and Directors of the May sell Union Bank of Tennessee, with the advice and consent of the bank stock. Governor, shall be authorized to sell or dispose of the stock in the Union and Planters' Banks, upon such terms as they may deem expedient for the interest of the State, and apply the proceeds to the purchase of State Bonds at a rate not exceeding their par value, giving preference to the bonds issued for stock in the Union Bank, if the same can be purchased at a reasonable rate--provided the bonds purchased or received in exchange of the school-fund stock in said Banks, shall have endorsed thereon "School Fund Bonds," the interest on which shall be annually applied to Common School purposes as now provided for by law. bonds. SEC. 5. That said President and Directors are here- May buy State by authorized to use any money that may be in the Treasury, over and above the amount required to pay the current expenses of the State, the appropriations to Schools and Academies and the interest upon the bonds of the State, in purchasing any of said bonds that may be outstanding, and they are hereby required to make a full statement in their biennial reports, showing the amount of Bank Stock that has been sold, and at what price, the amount of bonds purchased, and at what price, and also the amount drawn from the Treasury and used in the purchase of said bonds. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed, February 9, 1850. CHAPTER CXVI. An Act to regulate the taxation of costs in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases when a cause is reversed in the Supreme Court, and remanded to the Circuit Court, it shall be the duty of the Clerk of the Circuit Court to which the cause is remanded, only to enroll the process, pleadings, and orders in the case, and not the evidence either oral or documentary, which may have been made part of the record in the case, when the appeal was taken to the Supreme Court. SEC. 2. That from and after the passage of this act, it shall be the duty of the Courts, of this State, to include in the bill of costs, the necessary fees paid by the successful party, in procuring copies of deeds, bonds, wills, or any other records, where, by the laws, copies can be used as evidence, which have been filed as part of the testimony in the cause. LANDON C. HAYNES, Passed January 10, 1850, Speaker of the Senate. CHAPTER CXVII. An Act to incorporate the Apollonian and Calleopean Societies of Union SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That D. B. Hale, William Harris," R. F. James, W. R. Green, L. J. Crutcher, J. H. Oates, A. E. Ashford, R. Whitaker, C. C. Smith, P. P. C. Nelson, R. C. Williams, W. J. Caney, W. S. Hayes, A. S. Sayle, T. M. Dempree, and L. F. Duckett, and those associated with them, and their successors, be and they are hereby incorporated and made a body politic, by the name and style of the Apollonian Society of Union University, Murfreesboro, Tennessee, for the purpose of mutual improvement, in the arts and sciences and general literature, with full power and authority to form and adopt such a constitution and by-laws as they may think proper for its government; Provided, the same be not inconsistent with the Constitution and laws of the State of Tennessee. Incorporation. SEC. 2. Be it further enacted, That the persons hereby Powers. incorporated may use a common seal, may sue and be sued, plead and be impleaded, answer and be answeredunto, in all courts whatsoever, and may hold real, personal and mixed property, not exceeding twenty thousand dollars in value, and may exercise all powers belonging to corporate bodies, for the purpose of promoting useful knowledge. Calleopean Soci. SEC. 3. Be it further enacted, That H. S. Bradford, D. H. Selph, G. E. Eagleton, T. P. Crawford, E. C. Ash-ey. ford, R. B. McLane, J. R. Neal, A. B. Elliott, G. T. Brady, B. Edwards, S. R. Wings, J. M. Lasater, F. A. Ashford and their successors be and they are hereby created a body politic and corporate, under the name and style of the Calleopean Society of Union University, that they shall have succession and be and they are hereby invested with all the privileges and immunities, and subject to the same restrictions as the Apollonian Society incorporated by this act. ety. SEC. 4. Be it enacted, That Rev. F. E. Roberts, Rev. Eromathian SooiJ. Weed, Rev. J. W. Ward, David Bright, W. R. McAlister, J. S. Moffatt, S. W. Cochran, P. R. Nants, S. A. McCollum, E. E. Westbrook, R. H. Harrison, John H. Harrison, Wm. E. Motheral, John Motheral, E. D. Farris, A. S. Hord, R. P. Caldwell, Augustus Moffatt, Merion Adams, B. F. Hutchison, B. F. King, J. P. Harper and Elijah Canada, or a majority of them and their successors, be and they are hereby created a body cor |
