said act, they shall at as early a time thereafter as practicable, meet and organize themselves as provided in said sections. And provided further, that the Board of Mayor and Aldermen aforesaid may have the privilege of blending the offices of Recorder and Treasurer, and devolving the duties of the two offices on one individual. SEC. 4. Be it further enacted, That the ninth, eleventh, thirteenth, seventeenth and eighteenth sections of an act entitled, "An act to amend an act to incorporate the town of Pulaski, in the county of Giles," passed February 2, 1850, are hereby embraced so far as the same may be applicable thereto as part of the act which this is intended to amend. SEC. 5. Be it further enacted, That the list of taxes Town Constables levied by the corporation aforesaid shall be in the hands of to be Tax Collect the town constables, the same as a fieri facias, and will be ors. freesboro'. sufficient authority to authorize him to distrain and sell the personal property of delinquent tax payers in said corporation for their said taxes due thereon. SEC. 6. Be it further enacted, That the second, third, fourth, and fifth sections of the act which this act is intended to amend, and all other laws coming within the proviso, and meaning of this act, or the act this is intended to amend, be and the same are hereby repealed. SEC. 7. Be it further enacted, That should the constable elected for the town of Murfreesboro', under the laws heretofore passed providing for the election of said officer, fail, or refuse to be qualified as now provided for, or after such qualification shall die, remove, or resign, or Election of Con- shall die before being qualified, or from any other cause stable in Mur there shall be a vacancy in said office, in any and in all such cases it shall be the duty of the Mayor of said town to issue an order to the Sheriff or Coroner of Rutherford county, directing him to open and hold an election at the Court House in said town by the qualified voters thereof, to fill the vacancy thus occasioned; and it shall be the duty of said Sheriff or Coroner, upon receiving notice of the order aforesaid, to open and hold such election upon giving ten days' notice at the court House door of said town, of the time and place of holding the same; the constable elected under the provisions of this act shall be qualified, and enter upon the duties of his office as soon thereafter as practicable. SEC. 8. Be it further enacted, If any one or more of the aldermen who shall be elected under existing laws for said town, fail, or from any cause refuse to be qualified as such, as now contemplated, the remaining members of the board of Mayor and Aldermen shall have the same power to fill the vacancy or vacancies so occurring, as they now have, in cases of death, removal or resignation; and this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed January 29, 1858. Speaker of the Senate. CHAPTER 29. AN ACT to authorize Constables to serve Subpoenas in certain cases. Be it enacted by the General Assembly of the State of Tennessee, That hereafter constables appointed by the circuit and criminal courts of the different counties to wait upon the grand juries, shall, during the term of their appointment, have power and authority to execute and return all subpanas or attachments for witnesses that may be sent for by the grand jury during the term of the court: Provided, Such process shall be directed, as heretofore, to the sheriff or other lawful officers. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed February 2, 1858. Speaker of the Senate. CHAPTER 30. AN ACT to produce uniformity in the reports of Railroad Companies, and define the duties of Road Commissioners. Road Commis SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be the duty of the sioner to give Road Commissioner of this State to prepare, and have form of report. published, the form of a railroad report, and to supply the officers of the roads in or passing through Tennessee with the same, so soon as it can be conveniently done. Said form, or order, to be so prepared, shall embrace the follow 1 Reports to em. brage. ing different heads, to wit: 1st. The stock and debts of the company, and the different classes of the same. 2d. The cost of construction and equipments. 3d. The estimated value of the property of the company at the time of the report made by said company. 4th. The characteristies of the road. 5th. The character and length of the bridging, dam bridges and tunnels. 6th. The character and number of the switches. 7th. The dimensions of the earth and rock worked on the road. 8th. The number and character of culverts and viaducts. 9th. The quality and extent of ballasting. 10th. The number of crossties. 11th. The chairs or joint connections. 12th. The iron rails. 13th. The gradients, alignments, and elevations of the road. 14th. The buildings, shops and fixtures. 15th. The number of locomotive engines and cars owned by the company at the time of the report. 16th. The business of the year-under which general head shall be required, 1st. A monthly abstract of the passengers carried on the road. 2d. The tonnage of the road during each month of the year, with the amount of the different varieties of tonnage so transported. 3d. A statement of the total monthly tonnage carried over the road. 17th. A statement showing the transportation expenses for the year. 18th. A statement of the earnings, receipts and payments, together with a detail of earnings for each month of the year, and their sources. 19th. A statement of the value of materials on hand, with the respective qualities of materials; also, the number of persons employed by the company at the time of the report, and the average number employed during the year. 20th. The accidents on the road, and the number of persons injured in life or limb, and the causes of the injury, and whether to passengers or other persons. 21st. A statement of the tonnage sent from, and that received at, each depot of the road, for each month of the year, and also of the passengers leaving and those arriving at each of said depots, together with the names of the officers of the company, and the principal office and address of said company. It shall be the duty of said Commissioner, in preparing said form of report, to put down all such items to be reported upon, under each of said heads, and shall furnish a perfect and detailed account of the condition and operations, and progress of each of said roads. He shall also furnish such notes and directions as may be deemed necessary to accompany said form, and if there be any other subject or matter necessary to be reported upon by said companies, or any one of them, it shall be the duty of said Commissioner to call for such additional report or reports. SEC. 2. Be it further enacted, It shall be and is hereby made the further duty of said Commissioner to prepare and publish a sufficient number of forms of reports for the use of the companies of such roads as are in progress, and no part of which are in operation; such form and details, to be extracted from the above directed to be prepared, together with all the tables and items embraced in the same, and applicable to roads in course of construction, but having no part in operation; it shall be his further duty to prepare such additional information as may be demanded by the circumstances of each. Officers of road SEC. 3. Be it further enacted, That the President, Treasurer and General Superintendent or Chief Engineer of each of said roads, be required and is hereby made to follow form. their duty respectively to copy and report upon each and every item of detail laid down in said form, and in all respects to conform to the requirements, and specifications of said form. Said officers shall also subscribe said re- Affidavit to same. ports when so made out, and be qualified to the same, before some person authorized to administer oaths. ber, 1858. Annual SEC. 4. Be it further enacted, That said reports shall be made out and forwarded to the Commissioner aforesaid, on or before the 1st day of September of each year, the first annual report to be made on the 1st September, 1858; First and said report so required to be made, shall contain a full Report Septem statement according to the requirements of this act, of the business and operations of the preceding twelve months up to the 30th of July, inclusive, as the same shall be laid down in said form of report, and said annual report shall always be brought up to the last named period. When part of SEC. 5. Be it further enacted, That when any portions. of said Roads are in operation or construction, out of the State, it shall be the duty of the officers of the same to road is out of report in the same manner, herein before prescribed, ma- the State. king a separate report of such portion or portions as may lie out of the State, unless authorized by the Commissioner to condense the same, with the operations and construction of such part of the same road as may lie in the State. SEC. 6. Be it further enacted, That if any of the officers of said companies, fail or refuse to report as required by this act, he or they, so failing or refusing, shall forfeit and pay to the State of Tennessee, not less than two hundred and fifty, nor more than five hundred dollars; and it shall be the duty of said Commissioner of roads, to sue for, and recover the same, in the name of the State of Tennessee, from such delinquent officer or officers in any court having jurisdiction of the same. SEC. 7. Be it further enacted, That if any of said offi Penalty. report to General cers required to report, as aforesaid, shall reside beyond the limits of the State, shall, in like manner fail or refuse to report, it shall be the duty of said Commissioner to have process served upon any director, resident engineer, or deputy agent belonging to or in the service of the company to which such delinquent officer or officers may belong, and the penalty prescribed in the sixth section of this act, shall be recoverable against such company, and execution may be had against them for the amount that may be recovered. SEO. 8. Be it further enacted, That said Road Commissioner shall combine the reports so required to be made Commissioner to as aforesaid; and, also prepare a condensed report of the Assembly. business and operations of the railroad reported upon, accompanied with necessary maps, and submit the same to the General Assembly of the State of Tennessee, on the first day of each regular meeting thereof. SEC. 9. Be it further enacted, That the Road Commissioner be required to collect the charters of the various railroad companies, which have entitled themselves to State aid, and also all laws of a general character, pertaining to the railroad system of Tennessee, and that he Charters of Rail have copies of the same published during the roads. ceipts. year 1858; and he shall cause one copy to be furnished to each of the directors, and officers of the different companies, and the balance to be distributed among the different counties of the State, along with the published acts of the Legislature; andinthe preparation of said work the Commissioner be authorized to omit such portions of the different charters as he may deem necessary. SEC. 10. Be it further enacted, That the officers and Agents give re- agents of each and every railroad company in this State, shall, upon the reception of any freight, at any depot or depots, give to the owner of said freight a receipt for the seme at the time of the receptions of such freight. Tubular T Rail. SEC. 11. Be it further enacted, That the act of the Legislature defining the duties of the Road Commissioner, passed February, 1856, be and the same is hereby repealed. SEC. 12. Be it further enacted, That the several railroad companies in this State, entitled to State aid under the act passed February, 1852, and act amendatory thereto, may use in laying the track of said roads, the Tubular Trail of not less than fifty pounds to the yard, instead of the solid T rail now required by law, and be entitled to the State aid, in the same way and to the same extent as if the solid T rail heretofore prescribed had been used; provided, however, that said rail shall not be so used till the |