money, when they know it is not secured as above required, Comptroller. SEC. 2. Be it further enacted, That if the Comptroller shall countersign as money any Bank notes without having Felony on part of deposited in his hands the security required by the laws regulating the Free Banks which are now in existence in this State, he shall be guilty of a felony, and on conviction, shall be punished as prescribed in the first section of this Act. SEC. 3. Be it further enacted, That this Act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Rypresentatives. Passed, March 21, 1860. CHAPTER 99. AN ACT for the beuefit of Minor Children. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when an administrator shall have made a settlement of an estate, and there shall remain in his hands a small sum, or sums of money. due a minor child, or children, who have no regular guardian, the County Court may, when, in their opinion, the interest arising on such sum or sums of money is not sufficient to pay the ex- County Courts to penses of appointing a guardian, making settlements, and dispose of money other expenses attending a guardianship, by an order or decree of said Court, make such disposition of said sum or sums of money, for the benefit of said minor child, or children, as will in their judgment best promote the interest of such minor child or children: Provided, The sum does not exceed one hundred and fifty dollars. of minors. SEC. 2. Be it further enacted, That said administrator shall dispose of said sum or sums of money in accordance Administrator. with said order or decree of said Court, and take a receipt for the same, which receipt shall be a good voucher for him on a final settlement of said estate. SRC. 3. 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 21, 1860. CHAPTER 100. AN ACT to amend section 5271 of the Code of Tennessee. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That section 5271 of the Code of Tennessee be amended so as to read as follows: "If the prisoner be detained as debtor to the State for fine and costs, or either, he may be discharged from confinement by the Court, or by a Criminal or Circuit Judge, in vacation, or by the Clerk of the Court in which he was convicted, on making oath in writing that he has no property with which to pay the fine and costs, or either; or that he has no property except what is specified in the oath, and surrendered into the hands of the Sheriff. And when said oath, in either form, has been taken, and the property, if any, surrendered, the Court, or Judge, or Clerk, shall order the Sheriff to discharge the prisoner, who shall give the Attorney General ten days' notice of the application." SEC. 2. Be it further enacted, That this Act shall take effect and be in force from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. Passed, March 21, 1860. CHAPTER 101. AN ACT io amend section 4564 of the Code of Tennessec. SECTION 1. Be it enacted by the General Assembly o the State of Tennessee, That section 4564 of the Code of Tennessee be amended by adding thereto, as a portion of the fees to which sheriffs are entitled, the following: "For conveying a prisoner before a Judge on a writ of habeas corpus, per mile, going andr eturning, ten cents." "For guards, not exceeding two for each prisoner, each per mile, going and returning, five cents." SEC. 2. Be it further enacted, That if any Sheriff has, in cases still pending, or may hereafter perform the services provided for in section 1 of this Act, he shall be allowed. the fees therein fixed, to be taxed in the bill of costs, and to be collected and paid as other costs are. SEC. 3. Be it further enacted, That this act shall take effect, and be in force from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. Sheriffs' fees. How taxed. Passed, March 21, 1860. Speaker of the Senate. CHAPTER 102. AN ACT to allow defendants to indictments all kinds of pleas simultaneously with the plea of autre fois convict. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter, when any defendant to any prosecution in this State shall enter the plea of autre fois convict, or former conviction, he shall not be debarred thereby of the right to enter or rely upon any other or as many other pleas as would be a good defence to the indictment. SEC. 2. Be it further enacted, That this Act shall take effect from and after its passage. W. C. WHITTHORNE, Speaker of the Senate! Passed, March 22, 1860. CHAPTER 103. AN ACT supplemental to An Act entitled An Act to prescribe the mode of choosing Electors to vote for President and Vice President of the United States, passed February 27, 1852. SECTION. 1. Be it enacted by the General Assembly of the State of Tennessee, That the qualified voters for the members of the General Assembly of the State, shall meet at their respective Court Houses, and other places appointed by law for voting in each and every county, on the first Tuesday after the first Monday in November, 1860, and vote for twelve Electors of President and Vice-President of the United States, as by the Constitution and laws of this State they are to vote. SEC. 2. Be it further enacted, That each Congressional District in this State shall make an Electoral District, and that one Elector shall reside in each of said Districts. SEC. 3. Be it further enated, That there shall be two Electors for the State, who may reside in any part of the State, and that any citizen qualified by law to vote for members of the General Assembly shall be qualified to vote for the whole number of Electors to be resident as aforesaid, and the twelve persons aforesaid receiving the highest number of votes in the whole State shall be declared the Electors. SEC. 4. Be it further enacted, That said election shall be ordered and held in the same way, and under the same regulations, restrictions, provisions and penalties as are contained in the said Act of 27th of February, 1852, to which this is a supplement. SEC. 5. Be it further enacted, That the fractions of new Counties shall vote with the Counties from which they were taken, as in the elections for members of the General Assembly. SEC. 6. Be it further enaeted, 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 104. AN ACT to regulate the practice of Law, and to relieve officers. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases where property has been, or hereafter may be levied upon under any process of law, by any officer and taken into possession, and any action has been or may be brought against said officer for the recovery of the same or for damages, any person at whose instance the process issued, may be permitted to come into Court at any time before, the cause is finally Substitution of disposed of, and be substituted as defendant in the place of partics for said officer, of which an entry shall be made upon the minutes of the Court, and said party so substituted may, in the discretion of the Court, be compelled to assume and give security for all costs that have or may become chargeable to said officer up to the time of the substitution aforesaid. officers. SEC. 2. Be it further enacted, That upon written notice being served upon the party at whose instance the process issued from the officer, stating the nature of the suit and the Court in which the same is pending, and demand that same. such party come into Court and be substituted in the place of said officer; also said notice shall state the day upon which said application shall be made, if said party does not so appear and become substituted as aforesaid, then said officer may permit judgment to go by default against himself or defend the same. SEC. 3. Be it further enacted, That upon the substition aforesaid, the officer shall no longer be a party to said suit, but shall be a competent witness in the same. Officer a witness Proof of partner ship not required unless denied un SEC. 4. Be it further enacted, That whenever two or W. C. WHITTHORNE, Speaker of the Senate. Passed, March 23, 1860. |