CHAPTER 80. AN ACT to license Billiard Tables, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the various County Court Clerks of the State, be and are hereby authorized to issue a license to any free white man applying for the same, to keep a billiard table, Jenny Lind table, ten-pin alley, or shooting gallery, at any one place in the county, and said license shall continue for one year from the date of its issuance. SBC. 2. Be it further enacted, That before said clerk shall issue the license aforesaid the applicant shall pay said, clerk for the use of the State of Tennessee, the following sums of money, to wit: on the first two, fifty dollars each, Amount of li and twenty-five dollars on the remaining number of billiard and Jenny Lind tables, or ten-pin alleys owned by one person or firm in one county; for the privilege of keeping a shooting gallery, the sum of one hundred dollars. cense. SEC. 3. Be it further enacted, That before the issuance of any license under the provisions of this act, the applicant or applicants shall pay into the office of the Clerk of the County Court, the taxes assessed by the section 2d for the use of the State, and such license as may be assessed by Conditions of is the County Court under the provisions of this act, and the suing license. Penalty. taxes assessed by the corporate towns or cities; if the privilege is to be exercised in such towns or cities: Provided, Such towns or cities shall lay such tax and notify the clerk of the same: Provided, The applicant may pay the town or city tax to the proper town or city authorities, the receipt for which shall be a sufficient voucher to any clerk; the applicant or applicants at the time of obtaining such license, shall take an oath before the clerk not to permit any tippling or gaming on the premises where such privilege is exercised. Sec. 4. Be it further enacted, That each incorporated town or city shall also have the right to tax each of the privileges aforesaid: Provided, however, That in no case shall the the tax exceed the tax of the State for the same privilege. SEC. 5. Be it further enacted, That any person who shall erect, put up, or keep for gain or for charge to any person using the same, either a billiard table, Jenny Lind table, ten-pin alley, or any thing of a similar character, or shooting gallery, without first procuring a license therefor as provided in the foregoing sections of this act, shall be sub ject to an indictment or presentment, and upon conviction. SEC. 6. Be it further enacted, That any person licensed for either of the privileges aforesaid who shall knowingly per- Liquors not to be mit vinous or spirituous or malt liquors to be used or sold upon sold on the prethe premises, shall be guilty of a misdemeanor, and upon conviction, shall be punished as in the fourth section of this act. mises. Prohibition by towns. SEC. 7. Be it further enacted, That each incorporated town or city shall have power to prohibit by ordinance the incorporated erection or use either of a billiard table, Jenny Lind table, ten-pin alley or shooting gallery within their respective limits: Provided, That no incorporated town or city shall pass any ordinance limiting or impairing either of the privileges aforesaid after license shall have been taken out for the same, and it shall be the duty of the clerk aforesaid to refuse to issue any such license if the town or city have an ordinance prohibiting the same. SEC. 8 Be it further enacted, That the clerk aforesaid Clerk's fee. shall demand and receive of such applicant the sum of two dollars for the license aforesaid. Suc. 9. Be it further enacted, That it shall be the duty of each and every justice of the peace and constable of Justices and every county or district to report all persons offending against the provisions of this act. W. C. WHITTHORNE, Speaker of the Senate. constables to report offenders. Passed, March 12, 1860. CHAPTER 81. AN ACT to prevent the adulteration of Spirituous Liquors in this State. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the adulteration of spirituous Felony. or vinous liquors by the use of strychnine or other poisonous liquids or ingredients, shall be and the same is hereby declared a felony. Penalty for adulterating. ing. SEC. 2. Be it further enacted, That any person who shall in this State be guilty of the offence of adulterating spirituous or vinous liquors, or selling the same knowing it to be adulterated by or with strychnine or other poisonous liquids or ingredients, upon conviction in any of the Criminal or Circuit Courts of this State, shall be imprisoned in the Penitentiary of this State not less than one year nor more than five. SEC. 3. Be it further enacted, That any one who shall be guilty of selling to any person in this State, by retail or Penalty for sell wholesale, any spiritous or vinous liquors adulterated as stated in the two preceding sections of this act, shall incur all the penalties annexed to the second section of this act. SEC. 4. Be it further enacted, That it shall not be lawful for any person or persons to sell, or offer to sell, any spirituous or alcoholic liquors within this State, until he, she or they shall first appear before the County Court Clerk of the county where such liquors are to be sold, or offered for sale, and take and subscribe to an oath not to mix or adulterate with any substance whatever, the liquors offered for sale, and give bond in the sum of five hundred dollars with good and sufficient security for the payment of all cost arising from prosecutions for violation of the provisions of this act. Persons selling liquors to take oath and give bond. Oath by manufac turers fiers. or SEC. 5. Be it further enacted, That it shall not be lawrecti ful for any person or persons to manufacture or rectify any spiritous or alcoholic liquors within the limits of this State, until he, she or they shall first appear before the County Court Clerk of the county where such liquors are proposed, to be manufactured or rectified, and take and subscribe to an oath not to adulterate, or suffer to be adulterated, any liquors manufactured or rectified by themselves or agents. SEC. 6. Be it further enacted, That the provisions of this act Druggists, physi shall not be so construed as to prevent druggists, physicians, and persons engaged in the mechanical arts from mixing and adulterating liquors for medicinal or mechanical purposes. cians, etc. Inspection. SEC. 7. Be it further enacted, That no spirituous or alcoholic liquors shall be imported and sold within this State until the same shall first be inspected and tested by a competent chemist, to be appointed upon the application of the person or persons desiring to sell the same, by the Mayor or Circuit or County Judge of the town or county, the applicant to pay all costs arising from such inspection. SEC. 8. Be it further enac ed, That if any person or persons shall violate the 7th section of this act, he or they Penalty for sell shall be guilty of a high misdemeanor, and upon conviction ing without in shall be fined not more than one thousand dollars, nor less than one hundred. spection. SEC. 9. Be it further enacted, That the Grand Jury may have power to send for persons or papers in cases where Grand Jury, they may be of the opinion that any person or persons have been guilty of violating any of the provisions of this act. SEC. 10. Be it further enacted, That if any person or persons shall sell any spirituous or alcoholic liquors without Penalty for violacomplying with the 4th and 5th sections of this act, they section. shall be deemed guilty of a misdemeanor and upon conviction, shall be fined not less than fifty nor more than five hundred dollars. W. C. WHITTHORNE, Speaker of the House of Representatives, Passed, March 15, 1860. Speaker of the Senate. ting 4th and 5th CHAPTER 82. AN ACT to repeal Section 4766 of the Code. Be it enacted by the General Assembly of the State of Tennessee, That section 4766 of the Code, declaring the writing or spreading of seditious words and several other acts, misdemeanors, be and the same is hereby repealed, and this act shall take effect and be in force from its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. Speaker of the Senate. Passed, March 19, 1860. CHAPTER 83. AN ACT for the relief of Jailors, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases where prisoners have heretofore, or may hereafter make their escape from jail by means of force, stratagem or other fraudulent device, and that reasonable care and diligence were used by the jailor Jailors. heriffs. to prevent said escape, or to secure such prisoner or prisoners in jail, the said jailor shall be entitled to his fees as such jailor: Provided, It shall be clearly made appear to the satisfaction of the Judge of the Circuit Court in the county where said escape was made, or the cause pending, that said escape was effected in the manner and under the circumstances aforesaid, and that the said jailor had used the proper efforts on his part to recover the said prisoner or prisoners. SEC. 2. Be it further enacted, That in all cases falling within the provisions of the first section of this act, it shall be the duty of said judge to certify said claim for costs for payment as in other bills of costs. SEC. 3. Be it further enacted, That in all cases falling within the provisions of this act, the sheriff or other officers, having custody of such prisoner or prisoners, shall have all the benefits of this act. SEO. 4. Be it further enacted, That so much of section 5564, of the Code as conflicts with the provisions of this act, be and the same is hereby repealed, and that this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. Speaker of the Senate. Passed, March 19, 1860. CHAPTER 84. AN ACT to amend Section 2131 of the Code. Be it enacted by the General Assembly of the State of Tennessee, That section 2131 of the Code, be so amended as to read as follows: "The person proposing to redeem shall always pay, or tender to the holder of the land, the amount of money lawfully paid by him, with interest thereon, at the rate of six per cent. per annum; and if he be a creditor, shall pay to the debtor, or credit his debt with a sum equal to ten per cent, or more, on the sum bid at the original sale, or with a sum equal to ten per cent. or more upon |