Cases how transferred. Criminal Judges. CHAPTER 105. AN ACT to transfer cases from one Court to another in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That whenever it shall happen that the Judge of any Court of Law or Chancery in this State, is incompetent from any cause, to try any case pending in his Court, and the parties thereto cannot agree upon some member of the bar to try the same, it shall be the duty of the Judge, upon the application of both parties, to cause the same to be transferred to the nearest Court having jurisdiction of such case where the like incompetency of the presiding Judge does not exist, where the same shall be tried as though it had originated in said Court: Provided, The presiding Judge or Chancellor is of opinion it is a proper case for such change. SEC. 2. Be it further enacted, That Criminal Judges may have the right to interchange with each other. SEC. 3. Be it further enacted, That in all cases where a Judge may be incompetent to try any cause or causes pending in his Circuit, and the same cannot be transferred by change of venue to some other Circuit, that it shall be the positive duty of the Circuit Judge of any adjoining Circuit upon receiving notice of such incompetency, by the Clerk Duty of Circuit of the Circuit Court where such cause or causes are pending, to interchange with such incompetent Judge and try such cause or causes: Provided, However, that no Judge shall be compelled thus to interchange oftener than once in any twelve months. Judges to interchange. W. C. WHITTHORNE, Speaker of the House of Representatives. Passed, March 23, 1860. Speaker of the Senate. CHAPTER 106. AN ACT to allow parties in Chancery Causes to take depositions generally after continu ance of the cause without the necessity of an order remanding it to the rules. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter whenever a cause in the Chancery Court may be continued by either party to the suit or by order of the Court, it shall be open for proof, or the taking of depositions generally without the necessity of an order of the Court remanding it to the rules: Provided, That four months shall be allowed to each party for taking proof in chief, and two months for recutting proof. SEC. 2. Be it further enacted, That the Chancery Courts Chancery Court, for the County of Robertson, after the next regular term, ty. shall be holden for the said County, at Springfield, on the first Monday of May, and the Thursday before the third Monday in November. W. C. WHITTHORNE, Speaker of the Senate. Robertson coun Passed, March 23, 1860. COLE BUILDING LIBRARY CHAPTER 107. AN ACT to define the duties of the Bank of Tennessee and the Comptroller, in certain cases. WHEREAS, Under the act of the 14th of February, 1856, chapter 250, sections 14 and 15, the Bank of Tennessee and the Comptroller each contend that the other is the proper custodian of the Free Bank Bonds; therefore, to place the question beyond doubt, SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Bank of Tennessee shall see, custodian of Bonds. be the custodian of the Bonds of the Free Banks, and that Bank of Tennes said Bonds or the Coupons upon them shall be subject Free Bank only to the written order of the Comptroller for the purpose of carrying out the laws upon the subject of Free Banking in this State. Bonds. SEC. 2. Be it further enacted, That the act passed December 2d, 1859, entitled "an act to change the place of paying off certain State Bonds," be so construed as to authorize the Governor to issue Bonds payable at the same time and for the same amount of those which may be pre- Renewal of State sented for cancellation and renewal, and that the coupons as well as the bonds shall be made payable in the City of New York, and the coupons be signed by the Comptroller, and all bonds renewed under the provisions of the before recited act, shall have the coupons made payable on the 1st of January and the 1st of July in each year, and that the Comptroller issue his warrant for the interest due at the time of renewal as provided in the act passed February 21st, 1852, entitled an act to authorize the renewal of certain bonds of the State of Tennessee. W. C. WHITTHORNE, Speaker of the House of Represe tatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed, March 19, 1860. Foreign Insurance License. CHAPTER 108. AN ACT to repeal Section 698 of the Code. Be it enacted by the General Assembly of the State of Speaker of the House of Representatives. Speaker of the Senate. Passed, March 19, 1860. CHAPTER 109. AN ACT to enable Justices of the Peace to correct their Judgments. Be it enacted by the General Assembly of the State of Tennessee, That justices of the peace shall have the same power to correct the judgments rendered by them, that Courts of record now have, provided that before they shall correct any judgment under the provisions of this act, the party asking the correction shall give the adverse party five days' notice of the time and place of his intended application to correct the judgment, and from which judgment so corrected either party may appeal or stay it as in cases of original judgment before justice of the peace. W. C. WHITTHORNE, Speaker of the House of Representatives. Speaker of the Senate. Passed, March 20, 1860. CHAPTER 110. AN ACT to repeal Section 3008, Article 2, Chapter 13 of the Code of Tennessee. Be it enacted by the General Assembly of the State of Executions. Tennessee, That section 3008 of the Code be and the same is hereby repealed. W. C. WHITTHORNE, Speaker of the Senate. Passed, March 20, 1860. CHAPTER 111. AN ACT to compensate printers in certain cases. WHEREAS, It was provided by section 622, of the Code of Tennessee, if no person will bid the taxes, costs and charges of land levied on for taxes, then, and in that case, the collector shall bid off the same in the name of the Treasurer as Superintendent of Public Instruction, for the use of the Common Schools, in which cases, the officer's fees only are provided for, and inasmuch as the printers are not by the Comptroller, regarded officers as contemplated by said section 622, and inasmuch as it was necessary and required by law, that such lands so levied on, should be advertised in some newspaper; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Comptroller issue his warrant for all printer's fees for advertising such lands, after the Code of the State of Tennessee became the law. issue warrant to SEC. 2. Be it further enacted, That the Comptroller issue his warrant upon the Treasury for the benefit of the Clerk of the Criminal Court of Davidson County, for twenty-two dollars and fifty cents, being costs in the case of the State Comptroller to of Tennessee vs. Charles Foster, Jr., Charles Foster, Sr., Clerk Criminal and Patterson B. West, judgment upon forfeited re- son county, to cognizance; that he issue his warrant as aforesaid in Hyde & Rogers. favor of A. A. Hyde, attorney of the State in securing said forfeiture, for the sum of $200; that he issue his warrant as aforesaid in favor of S. A. Rogers, Sheriff of Marion Court of David county, for seventy dollars and fifty cents, being his commission on the aforesaid judgment of forfeiture, (of four thousand three hundred and twenty-two dollars), and his levy fee; the land levied on having been bid in by the State at the amount of said judgment of forfeiture, costs, interest and commission; and that he issue his warrant as aforesaid in favor of F. A. Parham, fort wenty-five dollars, printer's fees Warrant to F. A. for advertising eight tracts of land levied upon and sold in said cause, and not included in the other costs; the provisions of this act to apply to all cases, arising after the passage of the Code. Parham. SEC. 3. Be it further enacted, That the provisions of this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. Passed, March 22, 1860. Speaker of the Senate. CHAPTER 112. AN ACT to amend Section 5294, of the Code, in regard to holding Juries of Inquest of the bodies of deceased persons. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter Justices of the Peace in this State, shall have the same power, when called on, to hold juries of inquest over the bodies of deceased persons as coroners of counties now have, and that they have the same fees for the same as are now allowed coroners for the same services. SEC. 2. Be it further enacted, That this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Passed, March 22, 1860. Speaker of the Senate. |