Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-12
.TENNESSRR LEGlSLAIUKE.
HOUSE OF REPRESENTATIVES,.
MONDAY, Feb. 8, 1858.
The Journal Of Saturday was read.

y
Immediately transmitted to the Senate.
Mr. MICKEY presented the petition Of sundry
E citizens Of Humphreys and Stewart Counties pray
ing exemption from the payment Of Rolling B
5 Rushing forfeited bond Of $1,000; and
/ Mr. SUMMERS presented a counter petition on
j the same subject, signed by A. D. Summers, and
others; and The referred to the Committee
{ On the Judiciary,
Mr. WHITE Of Hamilton presented the petition
of supdry citizens Of Hamilton county, praying foi
the return Of $500, jail expenses to The treasury Of
said county, which was read and referred to the
= Committee on the Judiciary.
SABBATH.
Mr. KING introduced bill mo 4S0) to amend
the act Of lS4l-to secure due aud proper obser-
vance OF the Sabbath and for other purposes which
was passed the first reading.
WEIGHTS AND MEASURES
Mr. DUNLAP, from the Committee on Ways and
Means, returned the Senate bill 1881 supplementary
to an act entitled, act TO regulate weights and
measures; which was passed the first reading
ANN ELzAvAUT.
Mr. STOYALL introduced bill no 43Il to Iegit-
imatiEs this person which was passed the first read
ing
READING THE CODE.
Mr. WILSON nov, in pursuance of previous no
tise, submitted his amendment Of The rules 30 as 10
give precedence TO the consideration Of the Code
Fridays upon other days.
The resolution was adopted
PUBLIC ACTS.
The SPEAKER now directed the Clerk to take up
Senate messages: and the Senate resolution amend
ing the joint rules, to give precedence 10 pub
lie acts on the calendar Of business, being read and
considered, it was adopted.
Mr. LAMB asked and obtained leave to withdraw
his bill 1874 to charter an Academy, for amend
ment
MASONIC FEMALE INSTITUTE.
On motion by Mr. JOHNSON, (by unanimous con-
sent,) the House took up the consideration Of the
Senate bill (l46) to incorporate the Masonic Female
! Institute at Lewisburg.
! Mr. LAMB proposed to amend, by adding char
| teI for the Trustees Of the Spring Hill Male and
] Female Academy; which was adopted.
| Mr. JOHNSON proposed further to amend, by
adding charter for the Greenvie Lodge, No 70, Of
| Free and Accepted Masons; which was adopted.
| Mr. KING and Mr. DUNLAP proposed further to
amend, by adding charter for the Trustees Of the
| Young Ladies Collegiate Institute; which was adOp
/ ted.
Mr. TURNER Of Sumner proposed further to
amend, by adding clause to repeal the act Of the
| present session giving half the Sumner Academy
| fund to Howard Academy; which was adopted
And SO the bill passed the second reading.
CIRCUIT coURTs-HAEwooD AND DECATUR
On motion by Mr. BULLOCK, (by unanimous con-
sent, the House took up the consideration Of his
bill S26) change the times of holding the Circuit
Courts in Haywood and Decatur counties.
Mr. BULLOCK proposed to amend, by striking
out so much relates to Decatur county, and in
serting-CirCuitC Courts shall be held in Decatur on
the first Mondays in March, July, and November;
and the county Of Decatur is attached to the Ilth
circuit, the said circuits numbered in the Re-
vised Codes " which was adopted.
Mr. VAUGHN proposed further to amend, by add
ing: " The Circuit Court for Davidson county shall
be on the 4th Monday in January the Sd Monday
in md fbo "a in 4 tEo
all process issued hereafter shall conform" &c;
which was adopted:
And 50 the bill passed the second reading.
MEDICAL PEGS.
The House now returned to the unfinished business
Of Saturday, viz:
Mr. COOPER'S bill to secure Medical Fees &C.
the question being on Mr. Hendricks amendment in
regard 10 dentists.
Mr. KENDRICK withdrew his amendment; and
then the question required upon the adoption of Mr.
Caldwells amendment, requiring diploma, &C., to
authorize medical practitioners, Tor the future.
Mr. NEWMAN moved to lay the amendment on the
table; but gave way for
Mr. RICHARDSON, who proceeded to explain the
legal effect Of the amendment and to enforce its
provisions, by sundry considerations. When he
had concluded
Mr. NEWMAN renewed his motion to lay the
amendment on the table.
Mr. CALDWELL demanded the yeas and nays, |
yeas 80, nays 23-as follow:
Yeas-Messrs. Blackburn, Cantrel Carter of |
Hardin, Copeland, DObson Frazer, Griffith, Hamil- !
ton, Holmes, Johnson, Kendrick Keeney, Lamb, |
Lloyd, Mickey, Newman, Randolph Renshaw, Ro-
berts, Rose, ROWles, Sanders, SchmittOu, Smart, |
Summers, Taylor, Thompson, Turner of Sumner,
Wilson, Wood, and Mr.. Speaker DOnelsOn-30.
Nays.-Messrs Algee, Anderson, Bate, Bayless,
Bentley, Caldwell Cooper, Davidson, Dunlap, Estes,
Ewing, Cannon, Golladay, King, Lackey, Nancy,
D.. 3
ROane, White Of Hamilton, White Of Knox, and
Vaughn-23
So the amendment was laid on the table.
The bill was then passed the second reading.
ABSENCE.
Mr. BENTON and Mr ST. JOHN had leave Of alb
senee till Monday.
MECHANICS LIN LAW.
Mr VAUGHN'S bill (l83) to amend the mechan-
les lien law, coming up IN order
Mr. VAUGHN said Il would be recOllected that,
few days since, he presented petiionthe largest
probably introduced this sesson-from the me-
chaniGs O. the county Of Davidson, praying q
remedy to enforce their liens under fifty dollars;
and the passage Of Law by which the, can enforce
their small claims above fifty dollars with less ex-
pense than under the operation Of existing laws, /
relsuVe TO mechanics liens.
Desiring the prayer of the petitioners to be carried
into effect, he had drafted, with the assistance of
one Of the distinguished revisors of the statutes
The bill now before for consideration, which
would accomplish the desired object, and in his
opinion meet the appreciation Of this House.
Section ID Of an act passed January 18th, 1885,
giving mechanics and journeymen liens in certain
cases therein mentioned enacts that their liens may
be enforced " by attachment, either at law or in
equity" Now, the question is, whether justice Of
he peace has authority, under this section, to
ssUe attachments against the land Of defendant
md subject the the satisfaction of the lien
given in The act. Il would seem not, attachments
ire the peculiar prerOgatves of courts Of equity;
md it has been again and again adjudged that
Justices Of the peace have power to issue attach
neuts except where the same is given by statutory
provision Justices have power to issue attach I
nents against the property Of nOn-residents, or |
where debtor is removing, or about to remove /
himself or his property beyond the limits of the /
State, shall be abseonding, or conceang himself
II his property, effects; but in these instances,
he power is given by express statute. The power a
# justices in such cases should and cannot be L
eft to imp ication. There can be no doubt, lNr @
speaker, that the remedy given under the act of e
S46 is purely equitable, and II could not have been
ne intention of the Legislature to confer upon JUS
ices equitable powers within their prescribed juris
fiction, unless it be in plain and unmistakable n
language.
Ii this proceeding can be commenced By attach b
leDt before justice, and terminated by cOndemna- t.
ion or decree in the circuit court, the remedy is
ertsinly divided between the justices court and
be circuit court, and it might be uuchsritabe to d
sy that theLsgslature conferred this mixed power
y other than plain and positive enactment. h
Admit, for the sake Of argument that justice Of o
be peace can issue attachments auxiliary and col
ateral to warrants, to enforce mechanics liens
Judgment is obtained, execution awarded and levied
pom the land and the papers returned to the cir t
nit court. Has the court any power to condemn 7
be land under the above circumstances! l should n
link not, Mr. Speaker, for this reason: the process
attachment being proceeding in rsH its effects I,
re- to subject the land itself to judicial sale for T.
he satisfaction Of the plaintiffs demand and the "
ficer would not exceed his duty by searching for
ersonal property, and could in truth make no re-
Irn in relation thereto; when it is a well settled
rinciple Of law that there be condemnation 81
land unless the officers return shows that there B
as no personal property to be found IN his county 2
hereon the levy might be made which he is not ex-
eoted nor required to do in proceeding directed Of
gaiust the land itself The condemnation might, in
] this view, be a nullity.
Again, sir, if justices have no power to issue b,
tachments how can the mechanic enforce his lien So