CHAPTER 113.

AN ACT to repeal State aid granted to Railroad Companies not under contract.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the State aid granted to Railroads, on which no work has been done, and where no stock has been subscribed, the aid so granted to all such roads is hereby repealed.

SEC. 2. Be it further enacted, That this act take effect and be in force from its passage.

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

Speaker of the Senate.

Passed, March 22, 1860, at 11 o'clock.

This Bill, Senate Bill No. 192, appears from the original bill, passed the House of Representatives, 3d reading, 22d March, 1860, at half after 11 o'clock, Sheid's motion to reconsider, 22d March, 1860, motion to reconsider laid on the table, March 24th, 1860, and I signed the act March 26th, 1860.

TAZ W. NEWMAN,
Speaker of the Senate.

CHAPTER 114.

AN ACT to amend the law on the subject of Mechanics' Lien.

SECTION. 1. Be it enacted by the General Assembly of the State of Tennessee, That section 1981 of the Code be so amended, that the benefits of said section shall apply to all persons doing any portion of the work, or furnishing any portion of the material for the building contemplated in said section.

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,
Speaker of the Senate.

Passed, March 22, 1860.

CHAPTER 115.

AN ACT to enable County Courts to clear the fords of rivers of obstructions.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it may be lawful for County Courts of the various counties of this State, to clear out the

fords of rivers where public roads cross the same, upon the plans and conditions herein set forth.

SEC. 2. Be it further enacted, That at the April term of the County Court, a majority of the magistrates consenting thereto, the magistrates of each civil district in said county shall report such fords to the chairman of the County Court, as they think should be cleared of obstructions, and the court shall act on each proposition separately, a majority of the court present determining whether they will receive the propositions; then the chairman of the Court shall report . all the propositions received.

SEC. 3. Be it further enacted, That the fords shall be cleared of all loose rock, and all fastened rock shall be battered down, that can be done by a heavy blunt, or squareend crow-bar, or sledge hammer, and all other obstructions that can be conveniently removed, and all rubbish removed shall be deposited where it will not deepen the ford of the stream; and the width of the ford shall depend upon the use the public make of it: Provided, however, The ford shall not be required to be cleared over sixty feet wide.

SEC. 4. Be it further enacted, That the County Court Clerk shall make out a list of the propositions reported by the chairman of the County Court, and give it to the sheriff, who shall immediately advertise at the different fords proposed to be cleared out, or at some public place near said fords, that contracts will be given to bidders at the July term of said court: Provided, a majority of said court are agreed.

SEC. 5. Be it further enacted, That the contractors shall return to the August Court term, or some subsequent term, a certificate with two responsible freeholders signed as witnesses, that the contractor has complied with the law set forth in the third section of this act; thereupon the chairman of the County Court shall issue his warrant which shall be paid as other county claims.

SEC. 6. 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 23, 1860.

Speaker of the Senate.

CHAPTER 116.

AN ACT to regulate the practice upon the subject of bail whilst persons charged with crime are on trial.

Be it enacted by the General Assembly of the State of Tennessee, That it shall be the positive duty of the Judges of the State to accept of the accused, if tendered, bail with sufficient sureties for the appearance of such accused from day to day during the pendency of the trial: Provided, The case is bailable at law; and that this act shall take effect from and after its passage.

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

Passed, March 23, 1860.

Speaker of the Senate.

CHAPTER 117.

AN ACT to amend Section 4532 of the Code.

Salary of Super

SECTION. 1. Be it enacted by the General Assembly of the State of Tennessee, That the salary of the Superintendent of weights and measures, and the keeper of the public arms be increased fifty dollars, and that his total salary as Superintendent of weights and measures and for his services in collecting and keeping the public arms, shall be six hun- intendent of dred dollars instead of five hundred and fifty dollars as now Measures. provided by sections 4531 and 4532 of the Code, and that the Secretary of State furnish said officer with such stationery and postage as may be required in performing the duties of his office: Provided, Such stationery and postage do not exceed twenty-five dollars per annum.

SEC. 2. Be it further enacted, That the Comptroller of the Treasury issue his warrant on the Treasurer for the sum of two hundred and twenty-six dollars ($226), to K. Branch, for his services in arresting and bringing Thos. F. Mosby from New Orleans and lodging him in the jail of Davidson county, and 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.

Weights and

Passed, March 23, 1860.

Capital offence in

slave or free per

CHAPTER 118.

AN ACT to amend the Criminal Laws of this State.

Be it enacted by the General Assembly of the State of Tennessee, That if any slave or slaves, or free person of color, wilfully and maliciously puts upon the track of any railroad in this State, any kind of obstruction, or loosens or removes any of the railroad timbers, or loosens, destroys or injures any of the machinery, gear or apparatus of the son of color to locomotive or cars, or removes or changes any signal, so as to endanger the safe running of the locomotive and cars, or either or any of them, shall be guilty of a capital felony, and upon conviction of any such offence, shall suffer death by hanging, as in other capital offences, under the laws of the State.

obstruct rail

roads.

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

Passed, March 23, 1860.

Speaker of the Senate.

County Court to appoint Commissioner.

CHAPTER 119.

AN ACT to provide for enumerating the free white male inhabitants of the State.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the several County Courts of this State shall, at the January term of said courts, in the year 1861, a majority of the Justices of the county being present, elect a Commissioner whose duty it shall be to take and make out in writing an accurate and complete list of the number of free white male inhabitants of their respective counties, who are twenty-one years of age and upwards, who shall be resident citizens of their counties on the 1st day of January, 1861, and it shall be the duty of each of said Commissioners to return such list of free white male inhabitants so taken by them, as aforesaid, certified to the Clerk of the County Court, on the first Monday in July, 1861.

SEC. 2. It shall be the duty of the Clerks of the County Courts to make out an aggregate number of the free white

male inhabitants thus returned, to enter the same on the minutes of the County Court, to make out two accurate copies thereof, one to be filed in their respective offices, and the other to be transmitted to the Secretary of State, on Clerk's duties, or before the first day of October, 1861, which copies shall be certified under their hands and seals of office, and they shall also furnish the senators and representatives from their espective counties with a duplicate thereof.

SEC. 3. It shall be the duty of the Secretary to embody the enumerations thus returned from the respective coun- Secretary ties, and present the same to the General Assembly, during the first week of the session of 1861.

SEC. 4. If the County Courts fail to appoint Commissioners as provided in the first section of this act, or should the Commissioner appointed die, or remove out of the county before taking and returning the list as required, then the County Court at the next term thereafter, may elect one in his place.

SEC. 5. The Commissioner shall be allowed the sum of five dollars for each hundred inhabitants by him enumerated and returned,, which shall be paid by the Treasurer of the State upon a warrant from the Comptroller.

State's duty.

of

Passed, March 22, 1860.

CHAPTER 120.

AN ACT to secure the Payment of Costs in certain cases.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases of bonds for the prosecution of original suits, or by appeal, certiorari, or writs of error, or where there is security taken of record, in any of the courts of the State, or before a Justice of the Peace, the security shall undertake to pay all costs that may be at any time adjudged against his principal, in the event it is not paid by said principal.

SEC. 2. Be it further enacted, That in all cases where cost in any case in any court, or before any justice, for any cause, is adjudged against either party, judgment shall be entered jointly against the party and his, her or their secu