Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-23
GOING TO SLEEP
TENNESSEE.
PUBLIC LAws-OFFICIAL.

Assembly of the State of Tennessee, That
there shall be paid to Ward & Briggs,
lessees of the Penitentiary, the sum of
one hundred and thirty-two thousand two
hundred dollars and sixty-four cents
(Sl32, 200. ga for and on account of the
assessment of the value of their property,
as made by James Plunket John c.
Ward and T. NJ. Brennan, under the act
of the 18th day of February, 1869; Pro-
vided, that the lessees give immediate pos
session of the prison and property, but
without prejudice to the suits now pend
ing to either party. This payment shall
be made to them by the warrant of the
Comptroller upon the Treasurer of the
State, which warrant the Comptroller
shall be, and is hereby authorized, directed
and required TO issue TO them, and which
warrant shall be paid out of any money
in the State Treasury, not otherwise ap
propriated; and if there is no money in
the State Treasury, which can be used
for the payment of said warrant,
the Comptroller is hereby authorized, di-
rccted and instructed Immediately to effect
q loan for the purpose of raising the
money for the payment of said warrant;
and for the purpose of effecting said loan,
he is hereby authorized and empowered to
pledge or hypothecate sufficient amount
of the six per cent. bonds of the State of
Tennessee.
The Comptroller shall pay into the pub
lie Treasury the money so borrowed, TO
meet said warrant or whateverpart of such
warrant there may be in the State Treas
ury no Incorporated funds to meet.
Sec g BE it further enacted, That the
Comptroller, upon the the issuance of said
warrant and the delivery of the same to
Ward & Briggs, and as the condition upon
which he is authorized to deliver the same
to them, take from them a deed to the
State Of Tennessee for the property in
cluded in said assessment, and their sur
render Of the lease of the convict labor in
the Penitentiary and Of the possession of
the workshops.
Sec. 3. Be it further enacted, That this
payment of said 1872, 200. GA shall in no
way waive or impair the right of the State
20 contest the balance of the claim of
Ward and Briggs for the balance Of
the assessments beyond the 1882,
2OO64. Neither shall its acceptance
by Ward and Briggs and the execution and
delivery by them of the said deed and the
surrender of the lease, and the possession
of the workshops in any way waive or
impair their right 10 claim and recover the
balance of said assessment, if legally en-
titled thereto. Ncr shall their acceptance
of such payment and such surrender of
said lease and possession Of said work
shops in any way waive or impair any
lien they have upon the machinery, tools,
and implements in said Penitcntiary, in
Cludcd in said assessment
Sec. 4. Be it further enacted, That the
bill which has been exhibited, and is now
pending in the Chancery Court at Nash
vile, by the State of Tennessee and g.
W Blackburn, Comptroller, against Ward
& Briggs, touching and concerning the
above mentioned assessment, and the
property included therein, and touching
and concerning a certain Arbitration by a
board Of arbitratOrs, composed Of law
yers, and touching and concerning the
other matters and things stated in said bill,
shall be prosecuted to a final hearing in
the Chancery Court, and, if need be, to a
final hearing in the Supreme Court, by
appeal or writ of error.
Whatever further sum of, if any, be
sides the said one hundred and thirty-twO
thousand two hundred dollars and sixty
four cents, (|l32, 200. CT, shall, by final
decree Of the ChaUccry Court, Unappealed
from. or not taken up by writ of error, or
by a final decree Of the Supreme Court,
if the case shall he taken there by appeal
or writ Of error, be found due from the
State of Tennessee to Ward d Briggs for
and on account Of the above sta,
ted assessment, or for and on
account of property included there,
in, shall be paid to them by
the issuance Of the Comptroller
warrant upon the Treasury Of the State OF
Tennessee therefor, so soon as the matter
is finally decided by a decree of the
Chancery Court rom which there is no
8 appeal or writ Of error prosecuted, or by
y a fual decree of the Supreme Court, anC
mike manner, whatever sum, if any, shall
he found due TO Ward & Briggs on TIT
footing Of the decision of the Board OF
Arbitration, or of the matters and thing
submitted to said board, whether finally
passed upon BY said board OF not, shall bt
paid to them by the warrant of the Comp
iroTer upon the Treasury of the State.
But whatever sums shall be found du,
from them to the State of Tennessee BY
the final decision of the ChanceTy Of
Supreme Court as aforesaid, for or on &C
count Of any of the matters and thing:
involved in the above stated suit in tn,
Chancery Court of Davidson county shal
be deducted from and reserved out of any
or whatever sums may be found due from
the State 20 them, and the State shall onll
pay the sum found justly due them upol
final decision of all the matters involved
in said suit; and if upon such final adjust
mcnt and decision, there shall be bal
ance found due from them TO the State
such balance shall be recovered by tn
State from them.
The courts, however, are TO detelmin
all matters involved in said suit accordin
TO the principles Of law and equity.
And if there be no money in the Stat
Treasury which can be used for the pay
mcnt of said warrant the Comptroller
hereby directed, authorized and require
TO Immediately make payment in the sam
manner as heretofore provided by the fir
section Of this act.
Sec. D. Be il further enacted, That
shall be the duty of the Attorney Gener
of the State, and OF such other counsel {
has been or may bc employed by Il
COMPTROLLER in the above stated suit,
prosecute the same to a final decree
aforesaid. And if the final issue of sa
suit shall be against the State, and the
shall be a decree against the State for Il
pavmcnt of the costs, the Comptroller
hereby authorized and directed TO issl
his warrant upon the Treasurer of Il
State Cor the amount Of such costs, to
paid out of any money in the public tTea
pry not otherwise appropriated.
See. G. Be il further enacted, That Il
said suit in the Chancery Court sha
when ready for hearing, have preceden
as to trial over all other suits on the dock
of said court; and if the same shall be,
appeal or writ of error of either party,
the Supreme Court, the same shall ha
like precedence there so as to secure Z
earliest final decision which can be had
said contest.
Sec. z. BE it further enacted, That
The event said Ward a. Briggs shall q
cline or refuse to accept the terms of Il
act and to surrender TO the authorities
the State the posses sion of the penite
tiary property, and everything connect
Herewith that belongs to the State,
Attorney General Of the State, in CONNIE
ton with the legal counsel already e.
ploved to prosecute the Chancery pl
.eecdings aforesaid, shall at once proce
to institute and prosecute such other a
further legal proceedings as may be nee
sarv and proper to place the State OF IL
ncsscc in full possession of said penitC
tiary property and its appnTtenances
the earliest moment practicable.
Sec. s. Be it further enacted, That Il
Statcuuderthep provisions Ofthisactd oesI
ol.siin the actual and absolute possess
of said property, then the Attorney q,
craI of the State, in connection with
..,,,r,l.rral shall