Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-22
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LAVE OF TENHESSEA

AN AOT "a amend an set eniitlsd can Sex FOX Tx
collection Of debts against Countless chapter co.
passed February II, 1856.
SECTION l. Be enacted Bv tbs General Asseus5Ey o.
ths State Of TsRRessss That hereafter when any per-
son persons may have any just claims, either L.
gal or equitable, against any county in this State il
shall be lawful for such person or persons to insti
tute his her, their suits against said county in
the Circuit Court of said county if the claims he
legal, or in the Court Of Chancery in the district
in which said county is situated, if the claim be
equitable, under the same rules and regulations that
govern actions between private individuals.
| SEC. 2. Be Il enacted, That whenever any person
may wish to institute suit under the provisions
Of che first section of this act service Of process
upon the presiding officer Of the County Court
of the comfy against which the party may desire
to institute suit will be sufficient service to bring
the parties before the court, provided ten days
notice be given; and it shall be the duty Of the said
presiding officer, and his successors in Office, 70
defend said suit on behalf Of the county, and to
plead, answer, or demur, according 10 the course
of practice in the court in which said suit may be
| brought.
SEC g. Be It fvrtESr enacted, That in all cases
where suits have been finally determined in favor
any person or persons against any county, it shall
be the duty Of the presiding officer Of the county
against which the judgment decree has been rem
dered the judgment creditor, in such case, fling
with him certified copy of the record in said cause
showing the amount of said recovery, 10 issue his
warrant for the same, payable out Of any county
moneys not otherwise appropriated.
SEC. f. Be It enacted, That in all cases where any
| judgment or decree shall have been recovered
against any county by virtue Of the,authorty Of this
act, and the presiding officer Of the county shall
have issued his warrant to the Trustee Of said
county, according to the provision Of the third
ton Of this act, and it shall appear from the cerf
cate Of said Trustee that there not moneys in
81 Ia Trfo
ry during the fiscal year. by virtue of the tax alrea-
dy, previously thereto levied, sufficient, over and
above appropriations previously made, to pay said
judgment Decree then it shall be the duty Of the
County Court OF said county &c levy tax at the
next regular assessment of taxes, after the certif-
cate Of the Trustee aforesaid shall have been pre-
scented to them, to meet the payment Of such judg-
ment or decree; and the taxes when so levied and
collected shall be Immediately applied to the pay
ment of such Judgment or decree.
SEC, 8. Be- Il further enacted, That any County
Court failing to comply With the fourth section Of
this act upon the application Of the party parties
in whose favor such judgment or decree is made,
his her, their legally constituted agent attorney,
or assignee, u writ Of IaHdamuS may issue from
either Of the courts Of law equity, ordering and
compelling the assessment Of tax sufficient to dis
| charge the amount of such judgment or decree,
which order shall be served on a majority Of the
justices of said county.
titHGtc@g
of the County Cour', against whom suit shall be
instituted shall be authorised employ counsel to
defend any suit that may be instituted under this
act who shall be entitled to reasonable fee to be
allowed by the court trying the cause and taxed in
the bill of costs; and the court shall have the same
power to Issue executions for costs under this act as
| in other cases.
SEC. 7. Be Il enacted, That either party to a suit
instituted under this act as well the county as ind-
viduas, shall have his, her. or their appeal or writ
Of error to the Supreme Court, as in other causes
SEC. 6. Be It enacted That nothing in this con-
tanned shall be construed as to impair or abrdge
| the rights of any person or persons, on any con-
tract or contracts, made entered into previous to
the passage Of this act
SIC. g. Be Il enacted, That this act shall take
effect from and after the date of its passage and all
laws inconsistent with the provisions Of this act
hereby repealed.
Passed December 10. 1857
DANIEL s. DONELS0N,
Speaker Of the House of Representatives.
JOHN C. BURCH,
Speaker of the Senate.