Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-01
TENNESSEE LEGISLATURE.
SENATE.
NASHVILLE, Nov. 80, 1856

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REPORTS FROM STANDING COMMITTEES.
The Judiciary Committee reported-th
following:
The Judiciary Committee have had III
der conside alton Senate bill No. 3l7, A
! act to secure the assets of the Bank of Ter
nessee, and have directed me to recon
mend its rejection. b
The Bank of Tennessee is now beyon
legislative control, having been 30 place
by legislative enactments. e.
Section fifth Of the "Act to wind up an
settle the business of the Bank of Tennei
see," passed February 16, 1856, prescribe
that the President and Directors, withou
delay, and at as early day as practicable
cause an assignment and deeds of trust o
all the assets of said bank and branches
! and property of all kinds, real, persona
and mixed, to be made for the purpose
mentioned in said section.
Section six Of the same act provides tina
a bill shall be filed in the Chancery Cour
to execute said trust, etc. (See said act,
The local Board of Directors, under
said act, were confirmed by the Senate or
the 9th Of February, 1866. They were
qualified the 1st of March, 1866. On the
22nd of March, 1886, the banking house
was surrendered to them by the military,
aud the books, etc, belonging to the bank
then in the capitol were removed to the
bank. With all possible haste the officers
of the bank made out the necessary
schedules. On the 4th Of May, 1865. the
Board of Directors executed the deed of
trust directed by the aforesaid act of ue
General Assembly, and on on the 10th of
May, 1866, the Attorney General for the
State fled bill to execute said trust, as
pointed out by said act.
1t will thus be seen that the Legislature
of the Judiciary, and has no power to pass
such bill as Senate bill No. 3D..
All of which is respectfully submitted.
A. V. 5. LINDsLEY,
Acting Chairman.
November 80, 1868. '.-..
The Committee on Finance, TO whom
was referred the communication of the
Comptroller in regard TO legal sdver-
Using, reported bill, and recommends IFS
passage.
The bill is entitled an act 10 amend an
act to regulate the publication of legal
notices, passed February II, 1868.
This bill provides that it shall not be
necessary for any legal advertisement in
any county in the State, to be published in
more than one newspaper designated for
that purpose.
1t further provides that advertisements
Of sale Of land aud town lots for taxes, shall
not be published in more than one paper
designated for publishing legal advertise
meuts. Unless it ia specially ordered by the
court, the cost ofsuch notice shall be paid
by the party at whose instance such order
is made. The proclamation Of the Gov
ernor shall only be published in the news.
paper in each grand division Of the State
in which the laws are ordered to be pub
lished at the expense Of the State. Passed
first reading and referred 10 Judiciary
Committee.
By Mr. Rodgers, an act to obtain justice.
Section /. Be it enacted By the General
Assembly of the State of Tennessee, that
the statute of limitation shall not run
to the prejudice of any person whatever,
that shall be prevented or deferred by
threats, violence or apprehension of the
same from attending to his necessary busi-
mesa, but in all such cases it shall and may
be lawful for any person thus situated to
plead 10 any case in which he may be in
terested, which plea shall be sworn to, that
owing to the unsettled condition of the
country and from the threats and appre-
hension of personal damages TO him or
them, he was deferred from attending to his
necessary business, and said plea shall be
in law and equity 10 any court
in this State, and all courts shall so re-
gard it.
Section p. Be it further enacted that in
all cases Of Indebtedness in this State, shall
not be chargeable with interest or damages
from the Sth day of May 1861, when the
rebellion began, and the first day OF Janu-
airy 1867, when the laws were agaia put in
force, provided the defendant or debtor
shall file plea stating substantially that
he was loyal and abiding person, and
that he or they had no agency in the re
bellion or sympathy Herewith, which said
plea shall be sworn to before the court.
Section 8. Be it further enacted, that
the plaintiff may take or make an issue
with the plea permitted in the first section
of this act by replying on oath that he the
said plaintiff was loyal and law-abiding
person, not having taken any part in or
having any sympathy for the rebellion,
when the court may take proof and give
such judgment accordingly. Said plea
shall be good in any Of the courts of the
State, in any stage of the proceedings.
This act to take effect from and after its
passage.
Passed fret reading and referred to the
Judiciary committee.
The resolution offered by Mr., Keith, re-
questing information in regard to the Peni-
Tertiary, was taken up and amended al fol-
lows: That the Clerk be instructed 10 for
ward copy of these resolutions 30 the
Governor.
The amendment was adopted, aud then
the resolution was adopted "a amended,
Speaker Senter presented the report Of
Judge S. D. Watson, Trustee Of the Bank
Of Tennessee, in relation to its condition
Ga motion 1000 copies were ordered to
be printed
HOUSE BILLS on FIRST READING.
No. 296: Bill to incorporate the Jack
sou Gas Light Company. Passed.
No. So: Bill 10 incorporate the Ralelgf
Mineral Springs Hotel Company. Passed
e No. 80: Bill for the benefit of the Far
mington and Fayetteville Turnpike Com
pany. Passed.
No. 37S: Bill TO create a common schoo
district in the town of MorristOwn. Passed
No. $40: Bill to compel overseers ofpub
lie roads leading to foIds of rivers TO cIeaI
the same. Passed.
No. 406: To incorporate the Llncoli
Savings Bank. Passed, and referred 4
Committee on Banks.
No. 545: Bill 10 change the time o
holding the Circuit Courts in Wilson coun
ty. Passed, and referred to Judiciary Com
mittee.
HOUSE JOINT RESOLUTIONS.
No. 1928: In collation. to American Cit
zens travelling abroad. Tabled.
No. IVA; Endorsing Gen. Grant. Re
ferred to the Committee on Federal Rels
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No. 1888: Tendering approval Of Con
gress. Laid on the table.
No. 23G: Directing the Nashville an
| Northwestern Railroad TO be turned owe
TO the company, was taken up.
Mr.. Garner moved to refer the resoll
ton to the judiciary Committee. Lost.
The resolution was adopted by the 70
lowing vote:
Ayes-Elioti, Frierson, Keith, Lind
,ey, Lyle, Mccall, Nelson, Norman, Ro
gers, and Nh. Underwood-l0.
Nogs-Eatou, Fuson, Garner, Hende
son, Parker, Smith, Wyatt and Speak
Senter-l0.
Adjourned until tomorrow morning
10 O'clock.
HOUSE.
N The House met at TO- A. NJ, Speak
Richards in the chair, and fifty six mel
bers present
NEW BUSINESS.
D. A. Do,-on. hill for tho barsft of /,