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

the termination Of the suit, prouided be vii
| give good bond in double the value of tn
property TO abide by and perform thu
| judgment Of the Court, and such amend.
ment should not apply to cases where pro
perty is levied upon under execution or at
tachment. The Court should have contro
of the property until the termination of the
suit, and neither party should be permitted
to dispose of the same until the suit should
be terminated, except by leave ofthe Court
or consent of the opposite. The Court
should not order sale unless the property
| is expensive to keep or perishable in its ma
| ture.
2. That County Courts in such coun.
| ties where there are no warehouses estab
lished may appoint certain commissioners
not less than three nor more than five in
number, and clothed with full power and
authority to farm or lease out to any con-
tracing party during the term of their i'm
prisonment and until they shall have paid
the fine and costs adjudged against them,
such parties as may now be imprisoned in
the county Jail upon conviction of crimes
or misdemeanors, that said commissioners
be empowered to make all necessary by.
laws and regulations for the government
and management of said pe1s Ons
and they be required to give
suitable bond to faithfully perform their du-
ties and to account for any proceeds which
| may come into their hands from the labor
Of said convicts, after paying all fines and
costs, including costs of guarding the same
That wherever by existing Jaw the court
has power to punish by fine or fine and i'm
prisOnment in the county Jail, the defend
ant may, in the discretion of the court, be
turned over to said commissioners, who NAV
| dispose of them as precribed in this act.
In all cases provided for by this act, the
party shall not discharge himself by act OF
insolvency.
QUALIFICATION OF JURORS. Section 1.
That the qualification of jurors, except
grand jurors, in all criminal or civil suits in
any of the courts of this State shall only
be, that he is citizen of the State and
county, is twenty-one years of age, capa bic
of hearing and understanding the English
language in ordinary use and is not disqual-
fled under section 4,0O3 of the Code.
Sec. 2. That if party otherwise quail
fed is examined as a juror and he states
that he has no such bias OF prejudice in the
case, and no such fixed or settled opinion as
to the guilt or innocence of the accused,
but that he can render an impartial verdict
upon the testimony given on trial, then he
shall be adjudged competent juror, unless
his incOmpetency otherwise appears.
GRANTING OF NEW TRIALsASec. 8.
That no new trial shall be granted in any
cause, civil or criminal, for want of quail
fication of a juror, unless exception is
made at the time the Juror is rendered.
PEREMPTORY CHALLENGES Sec. 4.
That the following peremptory challenges
and none other, shall hereafter be allowed
to the State and defendant:
In capital cases each defendant shall
have fifteen and the State ten for each de-
PENDANT. In all other felonies, the defend
ant shall have eight and the State like
number for each defendant, and in INSIDE
meanor cases the State and defendant shall,
in each case, have three challenges.
SEPARATION OF JURY-Section ). That
in all criminal trials not capital, not ex-
tending to Imprisonment in the penitentiary
under the statute laws for longer period
than ten years, the Judge trying the causes
in his discretion may allow the jury to sep
arate and dispense during the recesses and
intervals Of adjournment from day to day
during the term.
WAIVER OF RIGHT-Section 6. In all
criminal trials, except in capital cases, de-
PENDANT may waive any right in person in
any open court, and such waiver shall in
no case be held error or ground for new
trial.
Sec. Z. The public welfare requiring it,
this act shall sake effect from and after its
passage.
The Convention here adjourned until
O'Clock P. NJ.
AFTERNOON SESSION.
The convention met at 8 P. NJ, with
Judge Fife in the chair and the Judiciary
Committee of the State Senate and House
of Representatives.
The various principles of the law sought
to be changed or amended, touching whic b
the convention recommended for action by
the committee for present and for future
were read to the Judiciary Com
mittee, with the reasons and benefits there
of. The following recommendation to the
Legislature was also adopted:
In all civil cases where a cause is re-
moved from any inferior common law court
to the Supreme Court by any of the modes
now provided or hereafter to be provided
for the removal of such causes to said court,
where a judgment has been rendered
against the party thus removing said cause,
if said Judgment shall be affirmed by the
Supreme Court, the court shall enter up
Judgment for the additional sum of twelve
and half per cent per annum upon said |
original judgment, from the date of its rem |
dition in the court below, until the affirm |
ance thereof in the Supreme Court.
In all cases that may be removed into |
the Supreme Court, coming within the pro- |
visions of the preceding section, the party |
50 removing shall be required to give |
bond and good security to the |
opposite party in a sum double the |
amount of the judgment conditioned |
that he will pay and satisfy such |
Judgment as the Supreme Court may render |
against him and it shall be the duty of said |
Supreme Court to enter up judgment on |
The bond against the parties thereto for the |
whole amount of principal and interest; |
provided that any party who is unable to |
give the security may remove said cause |
under the provisions of the law now in |
force for the benefit of poor persons.
The Judiciary Committee seemed faVorab- |
" impressed with the suggestion recommend |
ed and the Convention requested Judge |
Baxter to address the Legislature in rela- |
Jon to the recommendations adopted by
hem.
The Secretary was requested to furnish !
each Chairman of the Judiciary Committee |
Of the Legislature with copies Of the pro-
ceedines Of the Convention.
vote of thanks was rendered Maj. Jas. |
Glover, Superintendent of the Capitol, for |
bis kindness and courtesy to the Conven- |
lion.
On motion, the Convention adjourned to
meet some time dnring the coming fall upon |
ali of the Chairman or Secretary, and each |
Judge was requested to note down any |
that may be suggested in the
ractice of their courts.