The home journal. (Winchester, Tenn.) 1858-188?, 1881-08-24
About AboIishing or Amend.
ing Charters.

Ing Charters.
AN ACT prescribing mode by which mu-
nciPal corporations may surrender or abol-
ish their charters.
SECTION /. Be it enacted blythe Gen,
eral Assembly of the State of Tennessee,
That the people of any Incorporated
town or city in this State, containing a
population of twenty thousand or under,
who desire to surrender, abolish or
amend their charter of incorporation,
may do so in the manner following, to.
wit: Whenever twenty-five or more
householders or freeholders of any such
town or city shall petition the sheriff in
which such town or city is located for
that purpose, said sheriff shall, by him
self or his deputy or deputies, open and
hold an election in said town or city in
the several wards thereof, if there be
such wards, to ascertain the will Of the
people of said town or city as to the
surrender or non-surrender OF their
charter.
SEC. 2. Be it further enacted, That
upon the receipt of such petition the
said sheriff shall give notice of the time
of holding such election by written or
printed hand-bills, posted at five or
more public places in said town or city,
and every ward thereof, at least twenty
days before the day of election, stating
the object of the election, and shall also
cause the same to be published for two
consecutive weeks in some newspaper,
if there be one, in said town or city.
Sec. g. BE it further enacted, That
on the day fixed in said notices, and at
the usual place or places of holding
elections IN said town or city, the said
sheriff, in person, or by his deputy or
deputies, shall open and hold an cleo
ton, organizing the judges and clerks as
prescribed by law in State and county
elections. He shall swear the Judges
and clerks of said election to perform
their duties honestly and impartially.
All persons who are entitled to vote in
said town or city for the officers thereof
shall be entitled to vote in said cleo
ton, and those who desire to surrender
or abolish the charter of said town or
city shall have written or printed on
their tickets the words emo charter"
and those opposed to the repeal or sur
render shall have printed or written on
their tickets the words "charter
SEC. +. BE it further enacted, That
the sheriff shall make and certify the re-
suit Of said election, and If "no charter"
has majority Of the votes cast, he shall
make duplicate certificates, and file one,
with original petition, with the County
Court Clerk, and one to the Secretary of
State, to be filed in his office, and cause
one to be registered in the registers of:
flee of said county, and when said GER
titicate is filed for registration, said cor
poration shall be and become extinct;
and if n majority of votes cast in said
election be for charter" the sheriff
shall make one statement and certificate
Of the result, which he shall file with
the Clerk of the County Court of said
county, together with the originel petit
ton, and no other election shall be held
for the repeal of the charter of such
town or city until after the expiration of
one year.
SEC. 5. BE it further enacted, That
if said town or city should be situated
in more than one county, said petition
may be addressed to the sheritls of said
several counties, and they shall each
hold said election in that part Of said
town or city which is located in his
county, and said sheritis shall compare
and canvass the votes, make joint GER
titicatcs, which shall be filed and regis
tered in their respective counties, as be-
fore directed.
SEC 6. Be it further enacted, That
the said sheriff and his deputies shall
have three dollars day each for hold
ing said election, and the judges and
clerks of said election shall have such
compensation as judges and clerks of
State and county elections are allowed
by law, all of which shall be paid by
the petitioners, together with costs Of
advertising.and registration and other
purposes.
[Sections and 8 make provisions for
charters of towns upon the
same plan as above-the tickets having
written or printed upon them "for the
amendment" or, against the amend
nent." Section 8 provides that no
own or city shall take advantage of the
provisions of the act in regard to the
of its charter until its debts
hall have been paid or settled.