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PUBLIC ACTS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF TENNESSEE,

PASSED AT THE FIRST SESSION OF THE THIRTY-THIRD GEN-
ERAL ASSEMBLY, WHICH WAS BEGUN AND HELD AT NASH-
VILLE ON MONDAY THE THIRD DAY OF OCTOBER, IN THE
YEAR ONE THOUSAND EIGHT HUNDRED and FIFTY-NINE.

COLE BUILDING LIBRARY.

CHAPTER 1.

AN ACT giving further time to Perfect Land Titles.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the further time of twenty months, from and after the passage of this act, be given to all persons to make survey and perfect titles to lands on all entries heretofore made: Provided, however, That in all cases where the rights of infants, feme coverts, and persons of unsound mind, and persons imprisoned are concerned the time for perfecting titles shall be prolonged for the space of one year after the removal of the several disabilities mentioned, and any hiatus which may occur under this act shall not affect the rights of infants, married women, and persons of unsound mind, and persons

imprisoned, until the limitation of the time aforesaid, has expired after the respective disabilities are removed.

SEC. 2. Be it enacted, That this act shall take effect from and after its passage.

W. C. WHITTHORNE,

Speaker of the House of Representatives. TAZ. W. NEWMAN,

Speaker of the Senate.

Passed, October 20, 1859.

CHAPTER 2.

AN ACT to repeal section 1624 of the Code.

Be it enacted by the General Assembly of the State of Tennessee, That section 1624 of the Code, be and the same is hereby repealed. Also, section 5355 on the same subject is repealed, so far as it inflicts a penalty.

W. C. WHITTHORNE,

Speaker of the House of Representatives. TAZ. W. NEWMAN,

Passed, November 2, 1859

Speaker of the Senate.

CHAPTER 3.

AN ACT to secure the Rights of Widows dissenting from their Husband's Wills.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when a husband shall die, leaving a will from which the widow dissents, within the time and in the manner now provided by law, and leaving no child, or not more than two, his widow shall be entitled to one-third part of the personal estate, in addition to her dower in the real estate as now provided by law. But if the husband have more than two children, the widow shall share equally with all the children, she being entitled to a child's part.

SEC. 2. Be it enacted, That this act shall be in force from the day of its passage.

W. C. WHITTHORNE,

Speaker of the House of Representatives. TAZ. W. NEWMAN,

Passed, November 3, 1859.

Speaker of the Senate

CHAPTER 4.

AN ACT to Regulate the Practice in obtaining Writs of Error.

Be it enacted by the General Assembly of the State of Tennessee, That any person may obtain a writ of error, without supersedeas, by giving bond and security for costs alone, if application therefor be made within the time now provided by law for such writ; or if unable to give security, then he may pauperize.

W. C. WHITTHORNE,

Speaker of the House of Representatives. TAZ. W. NEWMAN,

Passed, November 11, 1859.

Speaker of the Senate.

CHAPTER 5.

AN ACT to repeal section 2886 inclusive to section 2891.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That section two thousand eight hundred and eighty-six, inclusive, to section two thousand eight hundred and ninety-one, article 1st, chapter 9th, part 3d, of the Code, be and the same is hereby repealed.

SEC. 2. Be it enacted, That this act take effect from and after its passage.

W. C. WHITTHORNE,

Speaker of the House of Representatives. TAZ. W. NEWMAN,

Speaker of the Senate.

Passed, November 18, 1859.

CHAPTER 6.

AN ACT to amend the law relative to Special Criminal Courts, and also to amend the laws relative to Bills of Costs in Criminal Cases.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the special criminal courts shall have the power to render judgments by motion in

Special Court Waverly.

favor of securities, as against principals, or in favor of cosecurities, as against each other, upon any judgment rendered in said courts, upon the same terms and conditions as regards notice the party sought to be made liable, that the circuit courts have.

SEC. 2. Be it further enacted, That the expenses of keeping a jury in any criminal cases, in which the State may be liable eventually, may in the discretion of the court be certified, upon the adjournment thereof, to the Comptroller, as now required by law in other cases, who shall issue his warrant for the same to any person authorized to receive it.

SEC. 3. Be it further enacted, That such part of said bills of costs, so certified as in section two of this act, if collected from the defendant or his sureties, shall be paid over to the Treasurer of the State by the clerk of said court, as fines are now paid.

SEC. 4. Be it further enacted, That such portion of said bills of costs as are certified in section second of this act, shall not be again certified if the costs of said suit should be chargeable to the State.

SEC. 5. Be it enacted by the General Assembly of the State of Tennessee, That the Judge of the Thirteenth Judicial Court open and hold a special term of the circuit court for Humphreys county, at the court house in Waverly, to commence on Thursday, the 15th day of December, 1859, and continue until the business of said court is disposed of; a grand jury shall be impanneled, and that said special court shall have as full power as a regular term.

SEC. 6. Be it enacted, That all causes, civil and criminal, which stood for trial at the November term, 1859, shall be for trial at said special term in December, 1859, and shall bind the parties to appear at the said December term, 1859.

SEC. 7. Be it enacted, That jurors summoned to appear at the November term, 1859, shall attend and be the jurors for the said special term in December, 1859.

SEC. 8. Be it further enacted, That this act shall take effect and be in full force at its passage.

W. C. WHITTHORNE,

Speaker of the House of Representatives TAZ. W. NEWMAN,

Speaker of the Senate.

Passed, December 1, 1859.

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