and to render such judgment or decree as the merits of the case may require, as fully, and in the same manner as courts of chancery now do. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 13, 1858. Speaker of the Senate. CHAPTER 57. AN ACT to prevent circuity of action in the chancery courts. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases where any bill may have been, or shall hereafter be filed in any of the chancery courts of this State, upon any debt, without judgment having been obtained, or execution issued thereon, for the purpose of setting aside any fradulent conveyance, which has been made by any person for the purpose of hindering, delaying or defrauding his just creditors; the court in which said bill shall be filed, if they think said conveyance is not fraudulent but that the claim is just, shall enter judgment for such amount as is right, and the same shall be ascertained by a jury, or by reference to the clerk and master if it is disputed by the defendant; Provided, That the Chancellor shall tax the complainant with all the costs in such cases, except what is incidental to taking the judgments. DANIEL S. DONELSON, Speaker of the House of Representatives. JOIN C. BURCH, Speaker of the Senate. Passed March 15, 1858. CHAPTER 58. AN ACT to provide counsel for the poor. Be it enacted by the General Assembly of the State of Tennessee, That the third section of an act passed in 1821, chapter 22, be and the same is hereby made to apply its provisions to defendants as well as plaintiffs. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 15, 1858. Speaker of the Senate. Security. CHAPTER 59. AN ACT to amend the act of 1856, chapter 113, entitled, An act to provide a remedy in favor of private individuals against the State of Tennessee. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter trustees shall only be required to give bond and security in a sum equal to the value of the goods, chattels, or other assets, mentioned in the trust deed or assignment, and so much of the 10th section of an act passed 28th February, 1856, chapter 113, as comes in conflict with this act, is hereby repealed. SEC. 2. Be it further enacted, That the 15th section of said act passed 28th February, 1856, be and the same Fees is hereby repealed, and that hereafter trustees and assignees shall receive five per cent. for collecting, selling, and settling estates conveyed in trust. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 15, 1858. Speaker of the Senate. CHAPTER 60. AN ACT to transfer the books, warrants, and papers of the County Judge to the Chair. man of the County Courts. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all the books, warrants, and papers belonging to the office of county judge, in the several counties of this State, wherein the office of county judge is not retained, shall be and the same are hereby transferred to the chairman of the county courts in all of said counties. SEC. 2. Be it further enacted, That the county judges who have heretofore beld said office in this State, shall be authorized and required to hand over to said chairman of the county court, all of the aforesaid books, warrants and papers, whenever demanded. SEC. 3. Be it further enacted, That this act shall have effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 15, 1858. Speaker of the Senate. CHAPTER 61. AN ACT for the relief of Sheriffs and Revenue Collectors who have accounted for the SECTION 1. Be it enceted by the General Assembly of the State of Tennessee, That all sheriff's and revenue collectors who have gone out of office within the last two years, shall have the further time of one year to collect all arrearages of tax, for which they may have accounted to the State or county; and that said sheriff's or revenue collectors shall have as full power as acting sheriffs and collectors, and that sales of real estate so made by them for back taxes, which remain due and unpaid, shall be valid in as full and ample a manner as if made by acting sheriffs and collectors; Provided, That such sales shall not be authorized, where the property has been tran-ferred to a purchaser without actual notice of the arrears of tax. Snc. 2. Be it further enacted, That where any revenue collector in this State shall have made his annual settle Pay over taxes. ment and obtained a release from taxes on account of insolvency, removal or other cause, and shall thereafter collect the same, or any part thereof, he shall be required to back pay over the same to the clerk of the county court of his county, who shall account for and pay over the same as other revenue coming in his hands. SEC. 3. Be it further enacted, That this act shall take effect from its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 15, 1858. Speaker of the Senate. CHAPTER 62. AN ACT to amend the mechanics' lien law, and to extend its provisions to foundrymen and machinists. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the mechanics' lien secured by the existing laws may be enforced by suit before a justice of the peace for all sums within a justice's jurisdiction, and when the attachment has been levied on the land and a judgment rendered, and execution also levied on the same, the papers shall be returned to the circuit court there to be proceeded upon as in other cases of levy of justice's executions on land. SEC. 2. Be it further enacted, That no justice's execution, in any such case commenced before a justice of the peace, shall be a lien on the land unless within twenty days after the rendition of the judgment an abstract of the same, showing the name of the plaintiff and defendExecution to be ant, and the date, and amount of the recovery, be registered in the office of the register of the county, in which the judgment is rendered, which the register shall index as he is required to index deeds, for which services he shall receive the sum of twenty-five cents. registered. SEC. 3. Be it further enacted, That all the provisions of an act passed January 28, 1846, entitled, "An act to perfect the lien of mechanics, and to extend the same to journeymen and others," be and the same are hereby extended to foundrymen and machinists who shall do any work, furnish or put any fixtures, machinery, or material, Machinista either of wood or metal, the same and to the same extent foundrymen. as in the said act is provided for mechanics and others. And be it further enacted, That this lien shall be to the same extent and its operation enforced in the same manner as is provided in said act. SEO. 4. Be it further enacted, That the provisions of this act shall be extended to journeymen workmen of such Journeymen foundrymen or machinists, under the same restrictions and to the same extent, and shall be enforced in the same manner as by the said act of 1846, the lien is granted to journeymen of mechanics and undertakers. DANIEL S. DONELSON, Speaker of the House of Representatives. and Passed March 15, 1857. Speaker of the Senate. CHAPTER 63. AN ACT for the more effectual prevention of wanton and malicious mischief. Be it enacted by the General Assembly of the State of Tennessee, That any person who shall maliciously or wantonly destroy, injure or deface, any monument, or work of art, building, fence, or other structure, or destroy or injure any ornamental tree, shrub, or plant, whether situated on any private ground, or any street, public place, or public or private way, or cemetery, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished accordingly. Every such person shall moreover be liable, either before or after conviction, to an action in favor of any party injured; in which action, damages may be recovered to twice the amount of actual damages sustained. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 17, 1858. Speaker of the Senate. |