CHAPTER 50. AN ACT to make more secure the rights of vendors of lands. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases where lands heretofore have been, or may hereafter be sold, the vendor, as each payment of the purchase money shall become due, may bring his suit to enforce his lien as vendor and may Vendor may sell. have so much of the land sold as may be necessary to pay the money so due; and the suit so brought shall be retained in court, and as each of the other payments become due the court shall direct a sufficient quantity of land to be sold to satisfy the same. SEC. 2. Be it enacted, That if the land cannot be divided without great injury to the parties, or if the vendee so direct, it shall be the duty of the court to direct it all to be sold at one time, making the payments to fall due at such times as the purchaser had agreed to pay the vendor ; and the money, as collected, shall be applied to the pay ment of the debts due to the vendor. SEC. 3. Be it further enacted, That land shall not be sold in parcels as above described except at the option of Redemption. the defendant; and in the event that it is all sold, or in parcels, the defendant shall have the right of redemption, as in other cases. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 6, 1858. Speaker of the Senate. CHAPTER 51. AN ACT to regulate the fees and commissions of clerks, and other officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the fees of clerks and masters in equity, clerks of the circuit and county courts, registers and surveyors in this State, be changed and amended as hereinafter provided for. CLERKS AND MASTERS IN EQUITY. For selling property under decree of court, and other proceedings, touching the collection and disbursing the proceeds, at the following rates: at the rate of four dollars for the first hundred dollars; at the rate of three dollars per hundred for every hundred over one, and not exceeding three hundred dollars; at the rate of two dollars per hundred for every hundred over three hundred, and not exceeding five hundred dollars, and at the rate of one dollar and fifty cents for all over five hundred dollars, until his fees shall amount to one hundred dollars; and in no case shall his fees exceed that amount, Provided, That when the amount of the sale shall exceed the sum of six thousand dollars, the court may make such additional allowance as may be deemed just and reasonable, provided it shall not exceed two per cent. upon the whole amount of sale. That in all cases where clerks and masters in chancery are required by law, or at the order of the court, to perform duties as receiver, trustee, or commissioner, or in any other capacity where there are no fees allowed by law for such services, the court or chancellor may make such allowance as may be deemed reasonable and just. CLERKS OF THE CIRCUIT COURTS. For selling property under decree of court, the same commissions and fees as are allowed clerks and masters in chancery. For docketing and numbering each cause, For each order or motion, and order thereon, execution docket, For each indictment or presentment, For entering final decree on above, with copy For empanneling each jury, in case of felony, For rendering to county trustee each year an ac- For recording and countersigning each license or privilege, $0.25 25 50 25 1 00 1 50 1 50 50 25 1 00 25 For receiving and handing over all moneys from defaulting officers at the rate of six per cent. For entering a judgment nisi, For entering each fine for contempt or non-attendance as juror, For setting the same aside, For each recognizance of record, For any security taken of record, For each witness probate, For issuing each capias, For taking any revenue bond, when ordered by the court, the same fees allowed clerks of county For all necessary postage, the amount thereof. CLERKS OF THE COUNTY COURTS. $0.50 25 25 25 25 05 75 For taking a femme covert examination, 25 For order to lay off year's support to widows or minors, 25 For copy of same, 25 For order confirming same, or any other order of court, 25 For recording report of commissioners to lay off same, 25 For taking and recording each official bond not heretofore provided for, 1 00 For all proceedings as required under the act of 1849-50, chapter 34, section 1, 2.00 For taking and inserting in tax book the list of any person failing to make return of his taxable property, For issuing warrant in any case, For issuing Tippling License and taking bond, 2.00 For taking refunding bond and recording same, For recording in minutes of court each bill of costs from circuit court, to be paid by the county, 10 50 50 15 25 For certificate for wolf scalp, For all appeals from county court to circuit or supreme court, the same fees allowed clerks of the circuit or chancery courts. COUNTY REGISTERS. That hereafter the County Register shall be allowed to demand and receive the same fees for registering deeds of trust on real estate, that are now allowed for registering deeds of conveyance, in fee simple. COUNTY SURVEYORS. That hereafter the county surveyors shall be allowed for their services, three dollars per day, to be computed from the time of leaving home, together with the actual time necessary in calculating the area of such survey. COUNTY TRUSTEES. That all County Trustees shall receive one per cent. for receiving and paying out the common school fund. SEC. 2. Be it further enacted, That hereafter the clerks of the county courts shall receive for taking and stating the account of executors or administrators or bundred words. guardians, every four figures to one word, and figures to be used when practicable, per hundred words, ten cents. Ten cents per SEC. 3. Be it further enacted, That hereafter, sheriffs in this State shall be allowed their regular commissions on sales of any property, when the same is bid off by the plaintiff, or his or her agent, and that county court clerks be allowed for certified copy of marriage license, fifty cents. SEC. 4. Be it further enacted, That the act of 1835, section 4, chapter 13, be so amended, that in all cases where the Attorney General shall recover any judgment for any of the forfeitures therein specified, receive a fee of ten dollars for his services, not otherwise provided for by law, to be taxed to the bill of costs and paid by defendant. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 8, 1858. Speaker of the Senate. CHAPTER 52. AN ACT to amend the act of 1825, chapter 21, section 1, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Lien. the State of Tennessee, That hereafter when any debt shall be contracted to become due for rent, whether by note, account, or otherwise, it shall be a lien on the crop growing or made on the rented premises for three months after the rent shall fall due, and until the decision of any suit that may be brought within that time for such rent. SEC. 2. Be it enacted, That the lien given by the first section of this act, shall be good and subsisting from the drop bound for date of the contract, and shall have precedence over all rents. other debts of every description until it shall be discharged; and it shall not be necessary to bind the crop that the person to whom said rent may be payable shall have first obtained judgment and execution against the tenant. SEC. 3. Be it enacted, That when any person or persons, shall purchase from any tenant the crop or any portion thereof, with notice of the lien given by the first section of this act, whether before or after the rent shall be due, it shall be lawful for any landlord, or other person to whom the rent may be payable, to maintain an action at law against such purchaser, for damages sustained by said landlord or other person, by reason of said purchase. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 10, 1858. Speaker of the Senate. CHAPTER 53. AN ACT empowering surveyors to qualify commissioners to partition real estate. Be it enacted by the General Assembly of the State of Tennessee, That all county surveyors, and their deputies, in this State, are hereby authorized and empowered to administer all necessary oaths to commissioners who may be appointed to make partition of real estate, and that this act take effect from its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Speaker of the Senate. Passed March 10, 1858. 5 |