Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-17

the detG Of the courts had brought the rights and
duties Of administrators with regard TO this descrip
ton Of property, into confusion and difficulty Sc.
Mr. SHREWSBURY considered the law in this
regard was right now, and objected to the bill,
prejudicial to the rights Of minors heirs &c.
/ Mr. BULLOCK. His object va 70 protect these
rghts-compelling the administrator to sue in cases
where the property Of minor heirs fall into the
hands of strangers, Sc.
Mr. VAUGHN. May not the minor sue by next
friend
Mr. BULLOCK. That questi on might be answered
by any tyro in Law. He Wou Id give possession Of
property to the administrator, as personally. Il
should be personally realty. He invoked the
House to say which, and settle the question way
or the other.
The yeas and nays on the 'Jecond reading resulted
yeas IS, nays S7-as follow:
Yeas-Messrs. Anderson Bayless, Bullock, Can
trell, Carter Of Carter, Cooper. Davie Dunlap,
Ewing GOlladay, Holmes, Lsekey, Lloyd, ROulston,
Richardson, Senter, Stanton, Stoval and White Of
| HamiltOn-l9.
/ Nays-Messrs. Algee, Bate, Beals, Bentley, Black
burn Brazelton, Carter Of Hardin, Copeland, David
son, Estes, Frazer. Full ton, Cannon, Griffith Ham
llton, Harvey, Ivie, endriok, Keeney, Lamb, Low,
Marls, Mlekley, New nan, RenshaW, Rose, st John,
/ Sanders, Shrewsbury, Smartt, Taylor, Thompson,
Turner OF Roane, wilson, Wood, Vaughn and Speak
er Donelson-37
! So the bill failed.
ILLEGITIMATE.
Mr. Jvie's bill O7D for benefit of Legitimate
children.
Mr. Blackburn's bill (2OO) to relieve the peOpls Of
taxation in certain cases.
! BIAGIsTRACY.
Mr. Brazeton's BIZ (2O8) to authorize magistrates
to pay themselves for attendance on Quarterly and
Quorum Courts; ere seyerally passed the second
reading
Mr. Thompson bill (2lD to compel justices
! tn aftnnd - Ton
considered and 7 ejeeted-yeas 8, nays a.
STATE AID.
The Internal Improvement Committees bill (215
In lieu Of aud 29) limiting State AID to railroads.
coming up-the bill in lieu was adopted, and so
passed the second reading.
On motion t.y Mr. NEWMAN, the bill as amended,
was referred again to the Committee on Internal
Improvements.
CRIMINAL LAWS.
Mr. G0LLADAYS bill (218)-[making " the lie
direct, aetionable-l coming up
Mr. DAV IDSON asked and obtained leave to
withdraw the same for amendment.
COUNTY TRUSTEES.
Mr. COOPer's bill (228) to allow trustees to resign
IN certain cases, coming up-Was passed the second
reading
STAY OF ExEcUTIox.
Mr. Stanton bill (224) to protect innocent holders
OF suspended bank notes-[stayiDg execution eight
Mr. STANTON desired to amend, by restricting
the operation Of the bill the holders Of notes on
the Bank Of Tennessee
Mr. ROSE demanded the yeas and nays on the
adoption Of the amendment, and the same being
taken, resulted-yeas %, nays 3l-so the amend
ment was rejected.
Mr. STANTON then proposed to amend by adding,
This act shall continue in force till the first day of
January, 1883, and no longer"
MIR BLACKBURN moved to lay the whole subject
on the ta6le-the vote resulting-yeas "A, nays rs
So the bill failed.
WAREHOUSE KEEPERS FEES.
Mr. Sanders bill (225) for regulating the fees of
warehouse keepers, was considered and passed the
second reading
On motion BY Mr. GRIFFITH, the bill was refer
red to the Committee on Ways and Means.
TIPPING.
Mr. Thompson's bill (23O) requiring security Of |
licensed tipping house keepers, prescribing oath,
penalty, general regulations, &C., coming up
Mr. THOMPSON explained its provisions.
Mr. NEWMAN moved indefinite pOstponement; but /
before the question was taken
The House took a recess till 2 o'clock, p. ID.
HOUSE OF REPRESENTATIVES,
TUESDAY, Feb. 16, 1858.
EVENING SESSION.
THE CODE.
The SPEAKER directed the Clerk to proceed with
the Code and the Part XIV. Of the Senate's bill
No. Sc, to revise the statutes &C., was again read
through
Mr. THOMPSON said he WasunWilling to aoquieBce
in the change Of the law Of 1872, by which enc
judgment in ejectment was made final The legal
profession had acQuieseed in this act His people
had not demanded any change, and he should move
to strike it out.
MrDAVIDSON defended the change-preferrfug
the right Of action in ejectment stood before
the act Of 1852. He considered the Code right, and
the act Of 1852 wrong He was averse to what the
lawyers have called actions in REM
Mr. BICKNELL said, these amendments we're pr e
sented as new matter in the Senate, and adopted
there. They we're not submitted by the revisors.
Mr. THOMPSON proposed to amend BY addin z,
appropriately, g That judgment in ejectment suits
shall be conclusive to the rights ef parties" &C.
He replied to Mr. Davidson.
Mr. CANTRELL proposed to amend the amend
ment, by adding provided the case shall be tried
npon its merits" which was adopted.
- Mr. THOMPSON could not see the reason in a
man being allowed TO 20 into litigation time and I
again in regard to the title real estates when the
thing not permitted in regard to other pro-
perty
Mr. I. now submitted his amendment in the Ian |
guage Of the statute Of 1872, as follows:
ANY judgment in an action Of ejectment, shall |
be conclusive as to the title or right Of possession
in such action upon the party against whom it is re-
covered, and against all persons claiming from,
through under such party, by title accruing af-
ter the commencement Of such action"
Mr. BULLOCK proposed then to add these words
" except as hereinafter mentioned"
After debate
Mr. KING moved to lay the amendment on the Ia
ble-the vote resulting-yeas "a, nays 81. So the J
House refused to lay the table; and the question
required on the adoption Of the amendment.
Mr. DUNLAP supported the amendment and de-
Tended the wisdom Of the law Of 1872 following
up the act Of lSl9-giving title to the pOssessor Of
seven years y
Mr. BULLOCK thought, perhaps, the better way
would be to restore that part Of the section which
was stricken out in the Senate
Mr. THOAIPSON'S amendment was adopted.
Mr. BULLOCK now proposed to add the part
stricken out, viz elf the person against whom the
recovery had, is under the disability Of infancy
coverture, or UnsOundnesa Of mind at the time Of
the very the judgment is bar TO any action r
within three years after the removal Of
such disability" Nothing in the last section shall
be held to affect the general provision Of this code
touching the limitation Of actions, to extend the
line within which suits may be instituted by these
provisions"
Which was also adopted: so the Part XIV was
passed the third and last reading in the House Of
As, nays 81 and it was then q
ordered to be forthwith transmitted to the Senate
SCHOOLS IN GAINESVILLE.
0nmotion by Mr. DAVE, (by unanimous consent
he House took up the consideration Of the Senates
ill to promote Common School Education in the y,
tty Of GAINESVILLE. ~
Mr DAVE proposed to amend the bill, by adding re
clause repeating all laws declaring Red river, vi
implying into Cumberland river, nayigabe stream; 49,
which adopted. a
And, as thus amended, the bill was passed the a
bird and last reading in the House Of Represen-
atives.
MILITARY DUTY.
Mr. STOYALL entered his motion to reconsider E
b vote Of yesterday ooncurring in the Senste's Y
to the bill to abolish military duty. y
THE CODE.
The SPEAKER now again directed the Clerk 10
roceed with the Code and the Part XIV Of the In
enae's BILL No So, being again read through it ~ ~
Tas considered and passed the second residing. ke
The House theRadjourned till to morrow morning. Ov
o'clock. 90
COhhhCIIOh. pro
In our report Of the vote of Feb. g. rejecting Mr..
opelands resolutions, ameEdatOry Of the Constigu-
ion, Mr. WOODS name is omitted. He voted in