CHAPTER

AN ACT to provide for the adjudication of causes in ones of incompetency of judges and chancellors; to change the time of holding certain out; and to authorize the trans fer of certain criminal causes for trial to the county out of Knyx county.

SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That in any cause wherein the chan- Attorneys to act cellor or circuit judge may be incompetent, then it shall as judges. and may be lawful for the parties to agree in writing which shall be entered upon the minutes of the court, that. any attorney of court shall act as judge or chancellor, which shall be as binding as if the judicial acts were done by the regular judge or chancellor.

SEC. 2. Be it further enacted, That when a county judge is incompetent to try any cause in his court, he may notify any one of the circuit judges or chancellors, who County Judge. may as soon as practicable, set in the case instead of the county judge, and dispose of the same according to law, or, in such case the county judge may sertify the case into the circuit court of the county, or chancery court of the district, when the same shall be disposed of according to

law.

Chancery Court

SEC. 3. That the times for holding the Chancery Court at Centerville, in Hickman county, shall be the second of Hickman Mondays in March and September, and all laws in conflict herewith are repealed.

county.

of Knox county.

SEC. 4. Be it enacted, That the County Court of Knox county shall have exclusive original jurisdiction of all criminal offences under the grade of petit larceny committed in said county, subsequent to the first day of April, 1858, that the proceedings shall be founded upon indictments, or presentments found in the Circuit Court of said county as heretofore, and all indictments or presentments Duties of Clerk found by the grand jury of Knox county for such offen- of Circuit Court ces, committed after the first day of April, 1858, shall be transferred for trial as aforesaid to the County Court of said county; and that the Clerk of the Circuit Court of Knox county upon the return of such indictments or presentments into the Circuit Court of said county, shall make entry thereof upon the minutes of said Court as heretofore, and certify the transcript of said entry and deliver it, with the original presentment or indictment, to the Clerk of the County Court of said county, (for which he shall receive ten cents,) who shall immediately make entry of the receipt of such indictment or presentment, and transcribe the entry of the finding thereof in a well bound book to be kept for hat purpose, and carefully file and docket there for trial

Jurers.

at said County Court, and the certified transcript cf said entries shall be evidence, of the finding of any such presentment or indictment so transferred as aforesaid.

Sec. 5. Be it enacted That the Judge of the County Court of Knox.county at each term next preceding the February, June, and October terms of said Court, cause to be issued a writ of venire facias to the sheriff of Knox county, for twenty-four competent citizens of said county to act as jurors in the trial of said offences, and that the Judge of said Court, have power at any time it may be necessary to cause to be summoned other persons to serve as jurors in said court.

SEC. 6. Be it enacted, That the County Judge of Knox Term of Court. County shall, on the second Mondays of February, June, and October, open and hold terms of his said Court for the trial and determination of causes transferred to his Court, and continue in session until the business is disposed of or adjourn at his own discretion.

SEC. 7. Be it enacted, That in any cause in which said County Judge may be incompetent, it shall be lawful for any circuit judge, who may be presiding at Knoxville, to preside on the trial of such cause.

SEC. 8. Be it enacted, That the District Attorney of the Second Judicial Circuit, shall be prosecuting attorney in said Court in all respects as he is at present in the Circuit Court of said county.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed March 20, 1858.

CHAPTER 91.

Speaker of the Senate.

AN ACT to provide for the keeping of criminal causes in court, and to pay the costs thereon, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That where any indictment or presentment may have been, or shall hereafter be found in any case of misdemeanor or felony after two capiases have been returned that the defendant is not to be found, or when in any case of felony, before or after conviction, the defendant has or shall hereafter break jail, or shall forfeit his bond, for his appearance at any court, in

State to pay cost

such cases it shall be lawful for the court to strike the cause from the docket, and judgment shall be entered against the State for such costs as the State would be bound to pay were a nolle prosequi entered, or the defendant was cleared, but the said cause shall be consid- in certain cases. ered as continuing in court, and if said defendant is afterwards captured, or he shall thereafter come into the State, a capias or other process shall run against him, and such proceeding in all such cases shall be had thereupon

as if said cause had never been stricken from the docket; Capias to issue. Provided, That the Attorneys General, and other officers shall have only one fee in such cases, and in case of conviction of defendants thereafter and adjudged to pay a fine and costs, and shall pay the same, the county or State shall be reimbursed for the costs thus paid out.

SEC. 2. Be it further enacted, That hereafter the act of eighteen hundred and twenty-four, (1824) chapter seventeen, (17) section one, (1) shall not apply to parties convicted of misdemeanors.

SEC. 3. Be it further enacted, That the judges of the criminal courts may interchange labors with each other, in the same manner as provided by law for judges of the circuit courts.

DANIEL S. DONELSON,

Speaker of the House of Representatives.
JOHN C. BURCH,

Passed March 20, 1858.

Speaker of the Senate.

CHAPTER 92.

AN ACT to provide for the distribution of decedants' estates in certain cases.

Administrators to

SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That whenever there are heirs or distributees, or supposed heirs or distributees, whose names or residences are unknown at the winding up of the administration of the estate of a deceased person, the per- give notice sonal representative shall give notice for six months in some newspaper or newspapers to be designated by the court or other court having cognizance of the estate to such heirs or distributees, to come forward and establish their right in said estate.

SEC. 2. If such heirs or distributees fail to appear as required, the personal representative may pay or deliver

Take bond in certain cases.

seven years.

over to the known heirs or distributees, the share of such unknown persons in the proportion in which each known heir or distributee would be entitled, if no such unknown heirs or distributees were in existence; however, taking from each heir or distributee so receiving such share, bond, with at least two good securities in double the value of the share, payable to himself as personal representative; and conditioned for the prompt and faithful payment or return of such share, should the unknown heir or heirs, subsequently appear and establish their rights.

SEC. 3. The court in which the administration of an estate is pending or conducted, may in like manner order such share of unknow heirs or distributees to be paid over to the known heirs or distributees, upon the execution of refunding bond as required in the preceding section.

SEO. 4. After the lapse of seven years from the grant of letters of administration, if such unknown heirs or distributees do not previously appear and establish their Bond void after claims, the bonds executed in conformity with the provisions of the foregoing sections, shall be delivered up to the known heirs or distributees executing the same, and cancelled, or if from any cause the share of the unknown heir or distributee has not been paid over as before provided, the same may be paid or delivered to the known heirs or distributees, after the lapse of time above stated, without any refunding bond being required.

SEC. 5. A compliance with the provisions of this act shall forever exonerate the personal representative from any claim, or action on the part of such unknown heirs or distributees.

SEC. 6. That known heirs or distributees receiving such share or shares, shall, however, be liable for ten years after receiving the same, free from refunding bonds to account to the persons actually entitled, for such share, but without interest.

SEC. 7. The provisions of this act shall go into immediate operation, and apply to all past as well as to future administrations; Provided, nothing in this act shall be so construed as to affect the rights of minors, femmes covert or persons non compos mentis, or beyond sea.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCHI,

Speaker of the Senate.

Passed March 22, 1858.

CHAPTER 93.

AN ACT for the regulation of the salaries of the officers of the Penitentiary, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the. State of Tennessee, That the guards at the Penitentiary be allowed for their services the sum of three hundred of guards. Salary and board dollars per annum, to be paid in the same manner as heretofore, and the Keeper be and he is hereby allowed the sum of one hundred dollars per annum for the board of each guard employed at the prison.

SEC. 2. Be it further enacted, That the inspectors of Inspectors fix the prison shall fix the number of guards to be employed, number. and shall increase the number as the necessity of the

prison may require.

SEC. 3. Be it further enacted, That each convict in the Penitentiary shall have allowed him or her, one pint of Coffee good coffee each day.

SEC. 4. Be it further enacted, That the salary of the

Keeper of the Penitentiary shall remain as heretofore fixed Sala of keeper. by law, and he shall receive the article of flour.

SEC. 5. Be it enacted, That the salary of Thomas Shel- Thomas Shelton. ton shall be eight hundred dollars per annum.

SEC. 6. Be it further enacted, That the Treasury Clerk

of the Penitentiary shall pay to W. H. Wharton, for min- W. H. Wharton. isterial labors at the Penitentiary, such compensation as

the Inspectors may direct.

DANIEL S. DONELSON,

Speaker of the House of Representatives.
JOHN C. BURCH,

Passed March 20, 1858.

Speaker of the Senate.

CHAPTER 94.

AN ACT to amend an act requiring the sale of land and slaves to be advertised in a newspaper.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That an act passed February 25, 1856, entitled, "An act requiring the sale of lands, or slaves, to be advertised in a newspaper," be so amended as not to require the sheriff, coroner, constable, clerk of