a court, commissioner appointed by a court, trustee, executor, administrator, guardian, or other person in this State, whose duty it shall be to sell any lands or negroes, under or by virtue of any execution, order, judgment, or decree of a court, deed of trust, mortgage, or assignment, or will, to advertise and publish such sale or sales, in a newspaper, except where there is a newspaper printed and published in the county, where such sale or sales shall be made, Provided, the court may order the publication of the notice; and then the notice may be given by printed advertisements, or through a newspaper. SEC. 2. Be it further enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 11, 1858. CHAPTER 95. Speaker of the Senate. AN ACT to establish the Sixteenth Judicial Circuit. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the counties of White, Scott, Morgan, Cumberland, Bledsoe, Marion, Sequatchie, Fentress, and Overton, shall constitute a judicial circuit, to be known as the Sixteenth Judicial Circuit of this State. SEC. 2. Be it enacted, That the sheriffs of the aforesaid counties shall, on the 4th Thursday of May, 1858, proceed to open and hold an election for circuit judge, and Election for attorney general, as prescribed by an act passed January 5, 1854, entitled, An act to prescribe the manner of electing judges and attorneys general by the people. Judge and Attorney General. SEC. 3. Be it enacted, That the Judge and Attorney General of the Sixteenth Judicial Circuit shall have and receive the same salary and fees as are now allowed by law Fees and salaries. to circuit judges and attorneys general in this State; and should a vacancy occur in either of the said offices by death or otherwise the vacancy shall be filled as prescribed in the seventh section of an act passed January 5, 1854, above mentioned. SEC. 4. Be it enacted, That the judges and attorneys general, acting as such in the aforesaid counties, shall con tinue to perform the duties of their respective offices until the Judge and Attorney General, provided for in this act, are elected and qualified. SEC. 5. Be it further enacted, That the times of holding courts in said Sixteenth Judicial Circuit, shall be as follows: At Sparta, in the county of White, on the 4th Mondays in January, May, and September, in each year. At Dunlap, in the county of Sequatchie, on the 2d Mondays in February, June and October. Times of hold At Jasper, in the county of Marion, on the 3d Mondays ing courts. in February, June, and October. At Pikeville, in the county of Bledsoe, on the 4th Mondays in February, June and October. At Montgomery, in the county of Morgan, on the 2d Mondays in March, July, and November. At Huntsville, in the county of Scott, on the 3d Mondays in March, July, and November. At Jamestown, in the county of Fentress, on the 4th Mondays in March, July, and November. At Crossville, in the county of Cumberland, on the 3d Mondays of April, August, and December. SEC. 6. Be it further enacted, That hereafter the circuit courts for the county of Overton shall be held on the 2nd Mondays in February, June, and October; and the circuit courts for the county of Jackson, shall be held on the 4th Mondays in February, June, and October. Judges have diction. SEO. 7. Be it further enacted, That the Judge of the Fourth Judicial Circuit shall, and it is hereby made his duty to hold the chancery courts in the counties of Putnam, chancery jurisand Cumberland, and shall have and exercise all the powers, rights, and privileges within said counties of Putnam and Cumberland, that the several Chancellors of this State now by law have. SEC. 8. Be it further enacted, That the chancery courts at Cookville, in Putnam county, shall be held on the first Mondays in February, and third Mondays in September, in each year, and at Crossville, in Cumberland county, on the Thursdays next after the 1st Mondays of February and 3d Mondays in September, in each year. Chancery courts. SEC. 9. Be it further enacted, That said Judge shall Chancery Court hold the chancery court at Cookville, on Fridays next af at Cookville. ter the second Mondays in July next, and forever thereafter as provided in this act. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 12, 1858. Speaker of the Senate. Commissions. Shelby county Levy taxes. fund. CHAPTER 96. AN ACT to regulate the commissions of revenue collectors and county trustees. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the revenue collectors of the State and county taxes shall be allowed six per cent. upon all sums which they may collect and pay over, up to ten thousand dollars; and three per cent. upon all sums over that amount. SEC. 2. Be it further enacted, That it shall be lawful for the County Court of Shelby county, at any January, April, or July term of said Court, if they shall deem it best for the interest of the county, to purchase and pay off the time bonds issued by the county of Shelby, to aid in the construction of the Memphis and Ohio Railroad, to take the necessary steps to do so; Provided, a majority of the justices of the peace of said county are present and assent thereto, by levying a tax upon the taxable property and privileges by law, liable to taxation within said county, which tax shall be levied upon the principle of levying the State and county tax; which tax, for the purpose of purchasing of said bonds, shall not exceed, for any one year, the sum of thirty cents, on the one hundred dollars of property. SEC. 3. The taxes herein authorized to be collected shall be termed the "railroad sinking fund tax;" they shall be collected by the same officer, who collects the State and Railroad sinking County tax; they shall be paid over as directed by the County Court, and for the purpose of insuring the safety of said funds, the County Court of Shelby may appoint one or more agents to take charge of said funds and purchase said bonds, which shall be kept distinct from other county funds; they shall require a bond with adequate security from said agent or agents, payable to the Governor of Tennessee and his successors in office, for the use of the county of Shelby; as fast as said county bonds are purchased they shall be delivered up to be cancelled, or pasted in a book to be kept for that purpose, properly disfigured or marked, to show that they have been paid. cate. SEC. 4. The officer collecting said sinking fund 1ailroad tax, shall, at the time of collecting the same, issue a certificate to the tax payer, stating the amount of tax paid and for what purpose, and when said county of Shelby bonds shall have been fully paid, it shall be the duty of To issue certifithe County Court to deliver up the $300,000 of certificates of stock issued by the Memphis and Ohio Railroad Company, to issue a like amount of stock to those holding certificates of having paid said sinking fund tax; Provided, That nothing herein contained shall be so construed as to alter or change existing laws providing for the collection of taxes to pay the same annual interest on said bonds; but the same shall remain as at present, or heretofore provided for by existing laws, until said time bonds and interest are fully paid. SEC. 5. The County Court shall fix the salary of the officer collecting the special railroad tax, which shall not exceed two per cent. per annum, on the amount collected, and they shall be authorized if necessary to pay the agent for receiving the tax money and purchasing the bonds, such compensation as may be agreed upon. SEC. 6. Be it further enacted, That so much of an act entitled, An act for the relief of the Memphis and Ohio Railroad Company, passed 29th day of January, 1858, as allows State aid to the Memphis and Ohio Railroad Company from Paris to the Tennessee River, granting State aid to the Memphis and Ohio Railroad Company between Paris and the Tennessee River, be and the same is hereby repealed. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 13, 1858. Speaker of the Senatc. Salary of officers. CHAPTER 97. AN ACT directory to clerks and assessors. WHEREAS, Under the revenue laws of 1855-6, real estate was only assessed once in two years, and whereas, there was no provision in case of exchange of property from one person to another, that it should be changed on the assessors roli, and whereas, there is great inconvenience and difficulty, growing out of said fact, and great injustice being done to parties. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the county court clerks in the several counties in this State, or other persons making up the collectors books for 1858, be, and they are hereby authorized, upon legal proof being made to them of the change of real estate from one person to another, since the assessment, to set the land down to the real owner, when the change was made before the first day of January, 1858, at the value already fixed on it, and that all persons designing said change shall have 30 days from and after the passage of this act to have them made. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 17, 1858. Speaker of the Senate. CHAPTER 98. AN ACT to systematize, and prescribe the times of holding the circuit courts. SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That the circuit courts shall be held as specified in the following schedule; the circuits being numbered, according to the Code : FIRST CIRCUIT. Hancock, fourth Mondays of January, May, and September. Hawkins, Mondays after fourth Mondays of January, May, and September. Greene, second Mondays of February, June and October. Washington, fourth Mondays of February, June, and Oc ber. Carter, first Mondays of March, July, and November. Johnson, second Mondays of March, July, and Novem ber. |