Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-25
TENNESSEE LEGISLATURE.
SENATE.

BY Speaker Senter. Seventies member
answered to their names.
INTRODUCTION OF BILLS, RESOLUTIONS
ETC, ETC. ..
By Mr.. Nelson An sctto pay for tim
Der taken for the use Of public road;
Passed first reading. G-tsl .--I sre..a-
By Mr.. Elliott: lAniict to regulate III
per diem of Jurors, reducing their fee
from 81 to 81 per day. Passed hrst read
ing. tgs
By Mr.. Eaton: A bill 10 incorporate tn
Knoxville Marble asd Mining Company
Passed first reading.
By Mr.. Frierscn: A resolution appoint
ing a Joint COMMITTEES Of two on the part o
the Senate. and - on he part of the House
TO settle the accouat of the Comptroller
preparatory TO the election. Laid ovei
under the rules.
Mr.. 8 NTH presented the following bill
Be it enacted By the General Assembly
of the Slate of Tennessee, That hereafter
the Justices of the Peace. in this State
shall have jurisdiction 70 try all actions
on notes of hand not exceeding $1,000,
and in open account, attachment and re-
plevin suits to the amount of $500.
End. Be it further enacted, That the JUS
tices of the Peace in this State are hereby
to demand and TO receive, for their servi-
ces, in civil cases the following fees:
For issuing warrant against one de-
PENDANT, Zoe; each additional defendant,
Zoe; for issuing subpoena FIR single wit
ness, Csc; for each additional witness. Zoe;
For entering continuance, zoe. For rend-
ering judgment where there is no litiga.
ton, Soc; where there is litigation, 81.
For docketing each case filing papers,
making out bill of costs and entering stay,
if given, 30c; for Issuing execution and
copy of costs, 4Oc. For each search for
any paper or record, zoe. For each gar
nishment, Soc; For each affidavit, bond in
attachment cases and issuance of attach
ment, 81. For each scire taciGs, SOC. For
order of publication, SOC; for every other
order required by law, zoe. For entry OF
appeal bond, ST.. For taking any other
bond in the discharge Of his oficial duties,
for which the fee is not taxed, SOC. For
making out copy of costs in appeal cases,
25c. For commission to take dispositions
soc. For taking a deposition, 50. For
issuing a warrant in forcible entry and de-
tainer, 81. For trying forcible entry and
detainer case each day, 81. For issuing
writ of replevip, with bond and affidavit,
81.
For rendering the judgment therein 81 /;
for probsting an account 25c; for every
written affidavit not included in some
other service Soc; for every written certii-
cate not included in some other service
Soc; for recording the papers and proceed
iDgs 10 an action where required by law
per hundred words Soc; for certified copy
of any record or paper in his Office per
hundred words SOC; for receiving petition
and granting an order for discovery 81 ;
for servic touching stations and jackasses
running at large 81 /; for issuing order to
freeholders to examine partition fences,
and ascertaining the amount to be paid for
erecting same 81.
Sec 8 Be it further enacted, That each
Justice of the Peace shall have the power
to appoint or remove his own special con-
stable, aud that such constable before
entering upon the duties Of his Office, be re-
quired to give bond and security in the
same amount, aud to be approved Of in
like manner az tie elected constable, and
that upon such appointment and approval
the power and duties shall be cO-exteGsiye
with that Of the elected constable.
SIC. 4. Be il further enacted, That all
commissions issued to Justices of the Peace
previous to the year 1865, are hereby de-
clared null and void, and any person exer-
cising authority under any such commits
sion shall be misdemeaBor and be fned
on conviction Sl00 for the use Of the
county, and one months Imprisonment in
the county Jail.
Sec. 5 Provides, That it shall be obi
gatory upon the part of each justice to hold
his office in the district to which he is ap-
pointed or elected, and shall not hold his
Office or transact any business except no
other justice can be obtained, under a
penalty of $500 and forfeiture of his COM
mission.
Section provides, That when vacancy
occurs by death, resignation, or otherwise
in the office of Justice Of the Peace for the
fourteenth and fifth civil districts of Shelby
county, no election shall take place OF az
poiHtment made TO fill such vacancies un-
Ill the number of Justices Of the Peace are
reduced to three in each OF The districts,
Sec. 7. Be it further enacted, That nc
appeal shall be allowed or writs Of certlorari
snd supersedus granted until the costs are
fret paid and certificate given by the
Magistrate to that effect.
Sec. s. Be it further enacted, That all
acts or parts of acts and laws Inconsistent
herewith are hereby rep aled, and that Thu
act shall take effect from and after its pass
age. Passed and referred to the Commit
tee on Judiciary Affairs.
By Mr.. Smith: An act to incorporate
the Memphis Oil Company in Sheib,
county. Passed first reading and referre'
to the Committee on Incorporation.
House bill No. 420; To regulate testi
mony, was rejected on its third reading.
House bill No. 440: For the benefit
millers. Passed first reading.
SENATE BILLS ON SECOND READING.
No. 40: Bill to allow the County judy
of Montgomery county to hold the Chan
cery Court at Clarksville. Passed.
! No. 3O7: To incorporate the Souther
! Railroad Association. This bill gives tn
association the power to lease the Missi
sippi Central Railroad from the compan
now holding the ownership Of it, togethe
with the franchises of said company al
the rolling stock in use upon the rallroa
| and all appurtenances Of said raiiroa
upon such terms and conditions as may
agreed upon between the association ar
the company.
The association hasthe power, accordir
to the bill, to lease any railroad or railros
route which connects Immediately Wi
the line of the Mississippi and Cent?
Railroad. The association is to have
stock of 81 100000 before it is consider,
organized.
Mr.. Aldridge offered the followiI
amendment:
Be it further enacted That any pers
or persons may, with the consent and a
probation of any railroad company viii
is indebted to the State, and for which
State of Tennessee holds a lien, pay
said debt, as far as the State is concern'
in the bonds of the State or aay matur
coupons of bonds at par, and the person
persons so paying the debt of any railro
company, with the consent OF such rallro
company shall, upon filing with
, Treasurer of this State the written ass
/ of said railroad company, under the cor
; rate seal of said railroad company, be
/ titled to have and hold all the lien
, liens which the State Of Tennessee had
, has upon said railroad company az
/ property, and shall have the same right
e enforce the same which the State Of I
: nessee had. The object and intent be
n to place the person or persons payi
n with the consent of said railroad CT
f uanv, in the same position and v
r The same rights which the State of Tent
d see had previous to and before the {
e payment, and with full power to emf,
g the same.
= BE It further enacted, That any pei