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Nashville Rail

SEC. 17. Be it further enacted by the General Assembly Louisville and of the State of Tennessee, That Neill S. Brown, Aaron V. road Co. Brown, George W. Martin, Matthew Watson, Samuel Seay, Eugene Underwood of Davidson county, John Burton, W. W. Pepper, Dudley E. Brooks, A. B. Green' and L. G. Stranton of Robertson county, with such other persons or corporations as shall associate with them, are hereby constituted a body politic and corporate, by the name of the Louisville and Nashville Railroad company, to be connected with and form part of a corporate body created or to be hereafter created by the Legislature of the State of Kentucky, and by that name to sue and be sued, to contract and be contracted with, and the said company are hereby authorized to construct and finally to complete a single or double railway from some central or convenient point, to the city of Nashville, on the north side of the Cumberland River to the Kentucky state line, so as to intersect with any company that now is or hereafter may be incorporated by the Legislature of Kentucky, by the most direct and practicable route to Louisville, as to intersect the State line at such point as the company may elect.

leges.

SEC. 18. That said company is hereby invested, for Powers and privithe purpose of making said road, with all the powers, rights and privileges, and subject to all the liabilities and restrictions that were conferred and imposed on the Henderson and Nashville company, by an act passed 9th November 1849.

ter.

SEC. 19. That it shall and may be lawful for the com- Transfer of charpany incorporated by the section of this act, as to negotiate with any other Rail-road company, chartered by the State of Kentucky, who may desire to extend their road over any portion of the route herein designated, to transfer the rights herein conferred upon them, either in whole or in part, to such company or companies, and thereupon such company or companies shall have the same rights, privileges and immunities, in making said road or any part of it on the route aforesaid, as are herein conferred on the company herein incorporated by the section of this act, and be subject to the same limitations and restrictions.

SEC. 20. That the persons above named in the section of this act, shall open books for the subscription of stock at the same time that the commissioners are required to do so, by the charter incorporating the Henderson and Nashville company, and that Neill S. Brown, of Davidson county, A. G. Green, Robertson county, together with such persons as may be designated, by the charter incorporating this company in Kentucky,

Local Board.

Hickmans' road.

shall form the local board, and said board shall be invested with all the powers and subject to all the restrictions that the local board of the Henderson and Nashville company are, and in place of meeting at Hopkinsville they shall meet at Bowling Green, in Kentucky.

SEC. 21. Be it further enacted, That John O. Johnson, Johnson and of Bledsoe county, and Wm. Hickman of Hamilton county, shall have the further time of two years from and after the passage of this act, to open and put in repair a Turnpike road, running across Walden's Ridge, from Bledsoe county to Hamilton county.

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

Passed, February 1, 1850.

Speaker of the Senate.

CHAPTER CXIX.

An Act to protect innocent purchasers in certain cases.

Be it enacted by the General Assembly of the State of Tennessee, That in all cases in which the heirs of a deceased person whose real estate may have been sold for the satisfaction of his debts by virtue of proceedings under the act of 1784, chap. 11, shall institute suit for the recovery of such real estate against the purchaser thereof, and obtain judgment in consequence of failure to serve scire facias personally on the minor heirs, it shall be the duty of the court rendering such judgment upon the application of the purchaser to set aside the satisfaction of the original judgment or execution, and upon the setting aside of such satisfaction, the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way that the original judgment could be enforced by the original creditors, and this act shall apply to all suits that may be hereafter determined.

LANDON C. HAYNES,

Speaker of the House of Representatives.
JOHN F. HENRY,

Passed, January 23, 1850.

Speaker of the Senate.

CHAPTER CXX.

An Act to amend the laws in relation to the sales of property under execution.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter whenever any sheriff, coroner or constable in this State shall levy any execution upon land or slaves, the debtor or debtors whose property is levied upon, shall have the right, if he think proper, to direct in writing, filed with the clerk or justice before the issuance of an execution or order of sale, or with the sheriff or other officer before or at the time of levying, the advertisement of the sale of said property in such newspaper as such debtor or debtors may select, the expenses of such advertisement to be paid out of the proceeds of sale as other costs. And it shall be the duty of every such officer, when such advertisement is directed as aforesaid, to make a memorandum thereof upon the execution; and should an alias or plurias execution or order of sale thereafter issue, the clerk or justice issuing the same shall copy such memorandum upon such alias or plurias execution or order of sale, and such memorandum shall be sufficient authority to any officer, whose duty it shall be to make sale of such property, and it shall be his duty in addition to the notice of sale now required by law, to advertise the time and place of such sale of the specific property so ordered to be advertised as aforesaid, in the newspaper so selected for two successive weeks.

SEC. 2. That hereafter in all cases of the sale of real estate, the notices required by the existing laws and by this act shall be given at least forty days before the day of sale, and for the sale of slaves the notices required by the existing laws and by this act shall be given at least twenty days before the day of sale; Pro-' vided, That in no case shall the validity of any such sale be affected by the failure of any such officer to note on the execution the directions of the debtor or debtors as to advertising in a newspaper, nor by the failure of the justice of the peace or clerk issuing an alias or plurias execution, or order of sale to copy thereon such memorandum of the officer.

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

Passed February 5, 1850.

Speaker of the Senate.

CHAPTER CXXI.

Act to amend the act of 1842, ch. 6, on the subject of the redemption of real estate.

Be it enacted by the General Assembly of the State of Tennessee, That in all sales of land or real estate hereafter to be made under execution or deed of trust, which by existing law is subject to redemption, if the debtor is permitted by the purchaser, or his assignee, to remain in possession, the debtor shall not be liable for rent from the date of the sale to the time of redemption; and if the purchaser, or his assignee, shall take possession under his purchase, upon the redemption by the debtor, he shall be entitled to a credit for the fair rent of the premises during the time they were in the possession of the purchaser.

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

Passed, February 2, 1850.

Speaker of the Senate.

CHAPTER CXXII.

An Act requiring Merchants and privileges to pay double tax on failing or

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refusing to obtain license.

Be it enacted by the General Assembly of the State of Tennessee, That if any person presume to sell goods, or exercise any privilege, without first obtaining a license as prescribed by law, he, she or they shall be subject to a double tax, and the clerk shall issue to the sheriff, or any constable of the county, a distress-warrant, commanding him to levy a double tax, with costs and charges, by destraining and selling so much of the delinquent's goods and chattels, after giving ten days notice of the time and place of sale, as shall be sufficient to satisfy the same.

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

Passed January 26, 1850.

Speaker of the Senate.

CHAPTER CXXIII.

An Act to repeal a portion of the Militia Law now in force,

Be it enacted by the General Assembly of the State of Tennessee, That so much of the Militia law now in force as compels privates to bear arms at regimental battalion or company musters, be and the same is hereby repealed.

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

Passed, February 5, 1850.

Speaker of the Senate.

CHAPTER CXXIV.

An Act to incorporate Hickory Wythe Academy, in the county of Fayette

SECTION 1. Be it enacted by the General Assembly of the Incorporation. State of Tennessee, That Wm. Karr, Jacob H. Young, J. W. Baker, J. M. Lane, Richard Galloway, Charles Lynn, and George Thompson, be and they are hereby constituted a body corporate, by the name of the Trustees of Hickory Wythe Academy, situated in the county of Fayette, and shall have perpetual succession, and be capable in law to purchase, receive, and hold to themselves and their successors, any lands, tenements, goods, or chattels, which may be given, granted, or devised to them, or purchased for the use of said institution, and appropriate the same as to them shall seem fit and proper for the benefit of said institution; and said Trustees and their successors shall have power to sue and be sued, plead and be impleaded in all the courts of this State or elsewhere.

leges.

SEC. 2. Be it enacted, That the Trustees aforesaid, Powers and privi shall have power to hold meetings at such times and places as they shall think proper, and elect from their own body a President, Secretary, and Treasurer, and all vacancies occurring in said board, by death, removal, or resignation, shall be filled by a majority of said board, and a majority of said board shall be a quorum to transact business relative to the interest of said Academy.

SEC. 3. Be it enacted, That said Trustees shall have

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