Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-06-12
LAWS OF TENNESSEE.
far AUTHORITY

An ACT IN relation to suits against Nonedents in certain
cases.
SEcTEoS l. BE II enacted by the General Assembly
Of the State of Tennessee That in ell eases where
any suit shall have been commenced at Law, or in
equity during the time that this Ssate or the por-
ton of it in which said suit was begun, was within
the occupancy or control Of the forces or Govern
ment Of the late se-caed Confederate States agains
any person party not resident of the State nor
residing within the lines of the said so-caed Con-
'ederate Government by attachment against the
property or estate of such person or party; then
and in that the defendant defendants to such
suit may and shall have SIX months from the pas
sage of this Act to appear and make defense to
such suit; and shall not be preeluded from making
sny defense in such suit by reason of any default
order Judgment or decree which may have been
entered in the same; and all defaults, orders udg
ments and DEGREES, entered made in such suit
affecting the right of the defendant to appear are
hereby declared null and void, except when so far
the rights of third parties shall have interviewed
after final judgment is entered, and before the pas
ssge of this Act. Provided, however, that before
any defense shall be permitted to be made ii such
suit the defendant therein his, her. or its agent
shal file with the Clerk of the Court in which such
suit is brought, or is pending affidavit, stating
that at the time of the commencement Of such suit
the said court the place where thesame was held
within the occupancy or control Of the so-eaed
Confederate Government; that it was impossible,
because of the occupancy or control for the defen-
Qa0E 10 appear ana ueleDQ ealQ sGt as requlfeu "
the laws Of this State and the practice of said court
and that the defendant has good legal or equita-
bic defense TO such suit. And unless such affidavit
shall be fled and defense made, within the said six
months after the passage of this Act such suit shall
remain in the same condition it would have been in
before the passage of this Act.
SEC. q Be il further enacted, That all judgments
by default which have heretofore, or shall hereaf
ter, be pronounced final against non- residents or
absconding defendants, npon publication made to
pecisl term of any of the in this State shall
be, and hereby declared, as valid as though the
same bad been pronounced at regular term of any
Of the courts Of this State
SEC 3. Be it further enacted That an account on
which action is brought, coming from any other
county of this State with the affidavit of the plain
tiff to its correctness and the certificate of Nota
ry Public with his official seal annexed thereto
shall have the Same force and effect rs evidence as
# the account were sworn TO before Justice Of the
Peace in bis official character certified to by the
Clerk of the County Court according TO- section
!, $50 Of the Code of Tennessee.
SEC. Be IL further enacted That this Act shall
take effect from and after its passa ge.
J. s. MUtLoY,
SpeakerpT tenn. Of the House of Representatives.
JOSHUA B. FRIERsoN,
Speaker of the Senate
Passed Mereh 1857