Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-16


rejected. -..-...
The question then being upon the propo-
sition offered by Attorney General Wright,
as amended by Judge Frazier, 1t was re-
jected.
HORSE STEALING, ETC.
Judge Frazier offered the following:
Resolved, That we recommend to the
Legislature to repeal the act of 1865, which
makes horse stealing, burglary, robbery,
and stealing from the person, as well as
bridge and house burning, capital, and
that the former law as TO the punishment
be revised.
In support Of this proposition, Judge Fra
Zier said that it was not the extent, but
the certainty Of punishment which prevents
crime, and under the present law it IS DIFF
ficult matter to convict that class OF offend
ers because Of the severity Of he sentence.
Under the present law, q man convicted Of
horse stealing may be sentedced to death,
or to confinement in the penitentiary at
from ten 10 tTenty-One years.
Attorney Caldwell was in favor OF allow
ing the death penalty for horse stealing 10
remain, but thought il would be advisable
to pat the maximum punishment II i'm
pris0nment for five wears, and moved. 70
amend the resolution TO that effect. The
amendment was agreed 10, with the UNDER
standing that il would operate as 4 fesclG-
ton in lieu.
TAAES % LAW SCITs.
JUDGE HickersOn offered the following:
In view Of the fact that the purposes Of
this convention is to devise means 10 secure
TO the State AID counties all moneys due to
the State ard counties from citizens and
officers; and in view OF the fIct, that under
the laws Of Tennessee, there Is no property
exempt from taxation; and in view Of the
fact, that the State IS entitled TO a Tax fee
on ali law sUits-ciyil and criminal-and
as in most Of The counties there is a county
tax due the county; and in view OF the fact,
t,at there is Eow believed 10 he due The
State and counties many thousand dollars,
which can be collected, ii the law upon this
subject is regularly enforced; and in view
Of fact, that il is more Just that Suci par
ties so liable for SaidtaXes should pay them
than that the am2un. shall be collected of
of other citizens, equally worthy, and who
have been in nOway responsible for creating
such liability; therefore
Il is declared IS the sense of this cOlven-
ton, tia; it is the duty Of the clerks Of the
different courts in this State, in all cases
where there is q State, Or-State and county
tax due upon any law suit, civil or crimi-
nal, and there IS any chance to collect the
same. to issue an execution alias or piu les
execution, rs the case may be, 10 the proper
officer.
The officer into whose hands such execu-
ton may come, viii collect the same in all
cases where the party, or parties, or their
syritieS, have property, out of which other
State and county taxes might be collected.
The officer lcvyiEg or distfaining for such
tax will endorse upon the f ia the property
distrained, or levied upon, that it is levied
upon 10 sa.iSfr the sum Of-dollars, State
and county taxes mentioned in this f ia
and the costs of this levy.
Attorney General Holman moved to
amend by striking OH the words estate. or
State and county taxes on law suits
wherever they occur. and insert the words
'.taxeS on law suits" Agreed to, and the
proposition as amended adopted.
COSTS LEGALLY TAXABLE TO THE STATE
AND COUNTY.
Judge Rice, chairman Of the committee
appointed to present list of the items
properly taxable to the State and county,
under the present law, presented the fol-
lowing report:
CLERKS FEES.
/. For each capiaS. .............S .
=. For filing presentment or indict-
ment. ..-....-.. -
3. For charging prisoner aud pleas y
4. For receiving and filing every
recO-nlz3Ilce.. ......... -
). For every certified copy of order,
by direction of the court. -. -
6. For entering Judgment against
tie State or county where the
debt IS shown by execution
to be. iIsCivent. ... -
!. For copying indictment in min
ute book, per 100 words, in
eases Of felony. ............ %
s. For each attachment on behalf
Of the State in criminal causes ] 90
8. For taking and filing an affidavit
on behalf of the State. 1900. o.
10. or each motion and order there
on on behalf Of tine State.... p
II. For Issuing subpoena for each
witness on behalf of the State 10
Il. For dOcketing each cause al each
term of the court, .......... 10
Is. For each continuance duly en-
tered on behalf OF the State. %
IA. For entering special judgment
upon verdict, or judgment on
demurrer, or plea in abate-
ment- ~
10. For empannelling a jury in mis-
deme22O1S .............. ~
IS. For each judgment en- Si........ 30
Il. For each i td................ 30
Is. For each sci fd............... 90
10. =. =. transcript of the record
on behalf Of the State, per 100
words. ~
20. FGc entering an order of an ap-
peal on behalf Of the State. %
u. For making out an execution
and docket each bill Of cost, 30
%. For copying bill of costs on eX-
ecution-. ..-...........-..' -
%. For probate for each States wit
UeSS .................... VI
"a. For transcript Of judgment Of
bill Of cost for Comptroller or
Treasurer, per 100 Words. 10
%. For each final judgment. .... 20
SHERIFF'S FEE BILL.
l. Executing every capia. 1900. 90
,. Returning capias not to be found -
3. Every bail bond 1900. .,.: %
4. For serving subpoena for each wit
ness for State. %
;. For returning. same not found. 10
6. For service Of every scircfacias, l 90
I. Por returning same not fOund.. p
8. For each commitment and re-
lease. ACKNOWLEDGEMENTS. %