Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-03-21

demanding the same snail pay into court
or secure a jury fee of SO, or take the
pauper oath as hereinafter provided, before
the jury is impannelled.
JURY FEE. Sec. 5. That in all cases
hereafter brought where the plaintiff de-
mands jury, the jury fee of $40 shall be
taxed against the plaintiff as costs of the
cause, and shall be covered by the prosecution
bond, and judgment shall be entered against
him after verdict for the same. If the de-
PENDANT demands a jury, he shall at the
time of making the demand enter into bond
before the clerk, with go6d security in the
sum of $40, payable to the State of Ten
nessee for the use ofthe county, condition
ed for the payment ofsaid jury fee, and af-
ter verdict if the court shall render iudg-
ment against him and his sureties upon his
bond, provided that in all cases where the
party or parties demanding the jury shall
accompany tie demand therefor with an
affidavit that owing to his or their
poverty he or they are unable to bear the
expenses of the jury and verify believes he
or they have a good cause of action or de-
fence, no bond shall be required, but after
verdict judgment shall be rendered against
such party or parties for the same; and in
all cases Of judgment, as herein provided,
execution shall issue returnable to the next
term of the court; but nothing herein con-
! tanned shall be construed as interfering with
any party's right to pay the jury fee or his
part thereof into court.
JUDGMENT FOR AND COLLECTION OF
JURY FEE. Sec. 6. That in all cases
where one or more of the parties, plaintiff
or defendant, demands the jury and there is
a verdict, judgment for the jury fee shall be
! rendered against the unsuccessful party and
his securities on the bond, as herein proVi-
ded, and collected as part of the costs of
| the cause, but nothing in this act contained
shall be construed as in any manner affect
| ing the provisions of the Code in regard to
special juries.
COLLECTION AND PAYNE Mt OF JURY
! FEE-Sec. Z. That the jury-fee when col
| lected by the Sheriff upon execution, or by
the clerk before or after execution, shall be
| by the officer recovering the same paid to
! the County Trustee within thirty days after
| the same is collected, and in default of said
| payment the same, with fifty per cent. add
! ed, shall be collected IN the name of the
State for the use of the county, if the At
tOrney General of the district on motion in
the court where the judgment is rendered,
against the officer in default and his sureties
upon his official bond.
PAYMENT OF JURoRs-Sec. s. Jurors
shall be paid as now provided by law, as
well as the jurors engaged in the actual
trial of cause, as the extra jurors, if any
in attendance upon the court, and in all
cases where the court of its own motion
shall call jury, there shall be no jury fee
taxed.
MODE OF EETRY-Sec. 9. That hereafter
the clerks of the courts aforesaidishall di-
viz q IA inf tvyn
classes, consisting of jury causes and non
jury causes, and the cases in each class are |
to be tried in such order as the court may,
from time TO time, direct.
TAXATION OF WITNESS FEEs-Sec. 10. |
The cost of witnesses examined orally |
shall be taxed to the party calling them, |
but the proof in any case may be taken as |
in chancery causes, and the cost taxed to |
the unsuccessful party.
FEES OF OFFICERS. Sec. IL. Be it fur |
ther enacted, that the fees of the Attorney |
General, Clerks and Sherifs for the duties |
required of them under the provisions of |
this act, shall be the same as those now |
allowed by law for similar services.
Sec. u. Be it further enacted, that the
public welfare requiring it, this act shall
take effect thirty days after its passage.
RESOLUTIONS AND MISCELLANEOUS.
The following resolution was adopted:
Resolved, that we request the General
Assembly to provide by law for the publi-
cation in one or more newspapers in each
Grand Division of the State, the opinions
of the Supreme Court as soon after
pronounced as possible, so that the
law as expounded, may be uniform
throughout the State, thereby reducing the
number of appeals and new trials and pre-
venting new suits. And that these publica-
tions be made in causes decided since Sept.
1, 1870, Eand the principles of which are
not embraced in First and Second Heiskell
Reports.
The convention decided that the follow
ing subjects, to which they requested the
attention of the General Assembly, were
proper subjects for legislation, recommend
ing that the same be made into laws by the
present called session:
CRIMINAL LAwS-AMENDMENTS AND
CHANGES oF-LARCENIEs AND AIsDE-
AfEANoRs-CoUNTY WoRKHoUsE AND
PRISONERS.
We recommend to the consideration of
the Legislature the propriety Of changing
the law on the subject of larceny and re-
ceiving stolen goods, knowing them to be
stolen, so as to provide "That stealing prop
erty not exceeding ten dollars in value be
misdemeanor punishable by fine and i'm
prisonment, not exceeding four months in
the county jail or workhouse, or other pro-
visions in regard to farming out convicts;
stealing over SO worth of property, and
not over $50 worth be petit larceny, and
over $50 worth of property grand larceny,
with the penalties as now provided for
grand and petit larcenies; and receiving
stolen goods to be divided into three SINH
lar offenses with punishment as recon-
mended above in regard to larceny.
BONDS FOR APPEARANCE AND REC0GNI-
ZANCE.
Resolved, that hereafter all bonds and
for the appearance of defend
ants or witnesses in any of the courts of
this State shall be good and binding until
the cause is disposed of, and it shall not be
necessary to renew said bonds or TecOgni-
zances III the event of a mistrial Of the
cause or when the same is continued either
party by the State or defendant; but in all
cases of default, forfeiture may be taken on
said bonds or recognizances against de- {
PENDANT and securities at the term of the |
court to which said witness or defendant is {
bound to appear and testify or answer
subsequent term of the court !
pTOOtu6u, A0hONOA3 OIoO VIC SOutO ID iuLy
empowered of its own motion, or on mo- (
ton of the Attorney General, at any time
to require defendants to renew their bond |
or recognizances or give additional securi-
ties whenever in the opinion of the court it |
is deemed advisable.
REPEEV1N LAWS.
l. That the replevin laws of this State {
should be SO amended as to permit the de-
Eapdant in repleyin suits to remain in nos
session of the property in controversy until