the safety of the defendant or defendants, or their safe keeping shall require a guard, it shall be the duty of the Sheriff to employ a sufficient guard to protect the defendant or defendants from violence, and to prevent an escape or rescue of the defendants: Provided, nothing in this Act shall authorize the employment of a guard in cases of insufficient jails, but that in such cases the defendants shall be sent to adjoining counties as now required by law.

SEC. 2. Be it enacted, That for such service each guard shall receive one dollar for each day, and one dollar for each night so necessarily employed, to be taxed in the bill of cost and paid as other costs are now paid, that before the same shall be allowed and taxed in the bill of cost, the Sheriff shall, in each case, make a statement showing the names and number of such guards, the time of service, and the amount due each; the Attorney General of the District shall examine and certify the same as correct, the Circuit Judge shall also examine the same, and examine in open court such testimony as he may deem necessary as to the necessity of such guard, as to their service, and shall certify that the guard was necessary; and that they have rendered the service, and the same is correctly taxed; all of which shall be spread on the records; and upon a certified copy being presented to the Comptroller shall issue a warrant for the same.

SEC. 3. Be it enacted, That the provisions of this Act shall apply to all cases that have transpired within two years previous to the passage of this act, as well as to cases hereafter to occur.

SEC. 4. Be it enacted, That whenever any officer may have to pay necessary expenses for board in guarding a prisoner, the same shall be allowed to him, to be taxed in the bill of costs not to exceed twenty-five cents per meal each for himself, prisoner and guard.

SEC. 5. 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, February 8, 1860.

CHAPTER 29.

Slaves-where listed.

AN ACT to amend Sec. 563, paragraph 3 of the Code of Tennessee.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That sec. 563, paragraph 3 of the Code, be amended so as to read as follows: Slaves shall be assessed to the owner in the county where he resides, whether hired out or not, and whether hired in the same county or not: Provided, If the owner shall have farms in different counties in which he works slaves, they shall be given in the county where the slaves reside.

W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMA.N

Speaker of the Senate.

Passed, February 9, 1860.

CHAPTER 30.

AN ACT to impose a tax on lands granted by the State to individuals and Companies for the encouragement of Iron Works.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all lands granted by the State of Tennessee to individuals and Companies for the encouragement of the building of Iron Works, shall be liable and subject to taxation as other lands. 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, February 13, 1860.

CHAPTER 31.

AN ACT to exempt twenty bushels of wheat to each head of families.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of

this Act, there shall be exempt to each head of families, twenty bushels of wheat, under the same rules and regulations, as provided for in sec. 2107 of the Code of Tennessee.

W. C. WHITTHORNE,

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

Passed, February 13, 1860.

Sfieaker of the Senate.

CHAPTER 32.

AN ACT to repeal the 17th Section of an Act passed 19th March, 1858, entitled an Act to defray the expenses of the General Assembly of the State of Tennessee.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the 17th Section of an Act passed 19th March, 1858, entitled an Act to defray the expenses of the General Assembly of the State of Tennessee, be and the same is hereby repealed. This Act to take ef fect from the date of its passage.

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

Passed, February 13, 1860.

Speaker of the Senate

CHAPTER 33.

AN ACT to amend Sections 2914, 2915, 2916 and 2917 of the Code.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall not hereafter be necessary for parties litigant to plead in accordance with sections 2914, 2915, 2916 and 2917 of the Code, but they may plead in accordance with the laws existing on the subject of pleading before and at the time of the passage of the Code, and such pleas shall be as good and as valid, as if they were in pursuance of said sections of the Code: Provided, That parties shall have their option to plead as prescribed

by said sections, or according to the laws in force at the adoption of the Code.

SEC. 2. This Act shall take effect from and after its pas

sage.

W. C. WHITTHORNE,

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

Passed, February 14th, 1860.

Speaker of the Senate.

CHAPTER 34.

AN ACT to repeal section 1976 of the Code giving Trustees and Assignees five per cent for services.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That section 1976 of the Code relative to the compensation of trustees, be and the same is hereby repealed: Provided, That the County Court upon application, or the Chancery Court, if the trust is administered in the Chancery Court, may allow him compensation exceeding the compensation of Clerks and Masters, if the character of the services rendered entitle him to the same, in the opinion of such court, but which in no case shall exceed five per cent.

W. C. WHITTHORNE,

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

Speaker of the Senate.

Passed, February 14, 1860.

CHAPTER 35.

AN ACT to amend Section 3213 of the Code, declaring the number of witnesses which shall be taxed to the losing party in suits.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That so much of section 3213 of the Code as provides,, that no more than three witnesses called to sustain the character of a witness or party, shall be taxed

against the losing party, be and the same is hereby repealed. And that this Act shall take effect from and after its pas

sage.

W. C. WHITTHORNE, Speaker of the House of Representatives. B. L. STOVALL,

Passed, February 14, 1860.

Speaker of the Senate.

CHAPTER 36.

AN ACT to declare what persons shall be preferred in granting Letters of Administration.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when any person shall die intestate in this State, administration shall be granted to the widow of such person, if she make application for the same; for want of such application upon the part of the widow, the administration shall be granted to the next of kin, if such next of kin apply therefor. If neither the widow, nor next of kin, make application for administration, then the same shall be granted to the largest creditor proving his debt on oath before the County Court, or County Judge: Provided, That when there is more than one next of kin, that the County Court may decide which of them shall be entitled to administration.

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

Speaker of the Senate.

Passed, February 15, 1860.

CHAPTER 37.

AN ACT to Suppress Counterfeiting.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all Grand Juries shall have