SEC. 2. 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 17, 1658. Speaker of the Senate. CHAPTER 71. AN ACT to amend the laws in regard to steam mills. Be it enacted by the General Assembly of the State of Tennessee, That an act passed February 28, 1856, chapter 113, section 7, be so modified and amended as that hereafter it shall be lawful for any owner or owners of any steam mill to grind grain for their customers at any rate of toll which may be agreed upon by the parties; Provided, That no such owner or owners of any steam mill shall take more than of the grain for grinding; Provided, That nothing in this act shall be so construed as to affect mills impelled by water power. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 17, 1858. Speaker of the Senate. CHAPTER 72. AN ACT to amend the act of 1849-50, chapter 77, section 2, in the absence of a county surveyor, to give the courts power to appoint one to lay off dower, &c. Be it enacted by the General Assembly of the State of Tennessee, That the act of 1849-50, chapter 77, section 2, be so amended that in the absence of a county surveyor it shall be lawful for either of said courts to appoint any competent person as surveyor, to act with the other two commissioners in laying off and assigning dower. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Speaker of the Senate. Passed March 17, 1858. 6 CHAPTER 73. AN ACT to extend the time for acceptance to the suspended banks. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the provisions of the act of the General Assembly, entitled, An act to enforce the Extend time. resumption of specie payment by the suspended banks, &c., passed January 28, 1858, be and the same is hereby so amended, as to extend the time of acceptance of said banks ninety days from and after the passage of this act. Retiring notes. see small SEC. 2. That said act of January 28, 1858, be so modified, as to postpone the retiring of the small notes, under the denomination of five dollars, from the first day of July, 1858, until the 1st day of January, 1859, and the retiring of all notes under the denomination of ten dollars, until the first day of January, 1850, and that all the Free Banks and Stock Banks, which accept the provisions of the above recited act, be allowed to receive and pay out the notes of the Bank of Tennessee and Branches. SEC. 3. Be it further enacted, That the Bank of Tennessee shall not be required to resume specie payment, until the Union and Planters' Banks shall file their acceptance of the provisions of this act, and of an act passed at Bank of Tennes this session entitled, An act to enforce the resumption of specie payments by the suspended banks, and to offer to their acceptance certain amendments to their charters, and for other purposes, and if they do not accept of the provisions of said acts, the day of resumption by said Bank of Tennessee shall be left to the discretion of its President and Directors. Branches at SEC. 4. Be it further enacted, That four hundred thousand dollars of the stock of the State in the Union and Planters' Banks be sold by the President and Directors of the Bank of Tennessee, as now authorized by law, and the proceeds applied to establishing a branch of said Bank at Memphis, with a capital of two hundred and fifty thousand dollars, and a branch at Knoxville, with a capital of one hundred and fifty thousand dollars; Provided, Such stock shall not be sold for less than par in gold and silver. SEC. 5. Be it further enacted, That the charter of the Bank of Tennessee, be so modified, as to permit the parent Bank at Nashville, to deal in foreign or domestic bills of exchange to such amount as, in the judgment of the Deal in exchan- President and Directors, the interest of the Bank, its means, and the demands of the country, require; but the branches of said Bank are not to be effected, so far as their banking powers and business are concerned, by the above modification as to the parent Bank. ges. SEC. 6. Be it further enacted, That the same privileges, conferred upon the parent Bank by the last foregoing privileges exsection, is hereby extended to the Branches at Memphis and Knoxville, when established under the provisions of this act. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 18, 1858. Speaker of the Senate. tended to Branches. CHAPTER 74. AN ACT to allow trustees to resign in certain cases, and their securities to give them up in certain cases. SECTION 1. Be it enacted by the General Assembly of the Stale of Tennessee, That hereafter all trustees who may be appointed by deed of trust, and who may have complied with the requirements of the act of 1855-56 in regard to the qualification of trustees, be and they are hereby allowed to go before the county court of the county in which said trust deed is registered, and in which they may have been qualified, at any of its monthly meetings, and resign the trust committed to him by said trust deed Power to resign. under the same rules, regulations and restrictions, that executors and administrators are now by law allowed to resign their trusts; which resignation shall be accepted by said county court, and another person appointed in his stead, who shall comply with the act of 1855-6, in regard to the qualification of trustees, and be invested with all the rights and powers conferred upon the original trustee by said trust deed. SEC. 2. Be it further enacted, That the act of 1829, chapter 15, section 2, providing for the release of securities of guardians be so amended that hereafter it shall apply to securities of trustees appointed by the circuit, chancery or county court, for the purpose of controlling any fund belonging to a femme covert, idiots, lunatics, or any trust fund under the control of said court, where the appointment is made by the chancery or circuit court, the proceedings shall be had before said court having charge of the fund. This act shall apply to trustees heretofore ap- pointed, as well as those that may hereafter be appointed. This act to take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Speaker of the Senate. Passed March 19, 1858. CHAPTER 75. AN ACT to amend the act of 1856, entitled, an act to prevent incompetent persons from teaching free schools. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the act passed the 16th of February, 1856, entitled, "An act to prevent incompetent persons from teaching free schools, and for other purposes, be and is hereby so amended as that the county courts of this State may elect the commissioner or commissioners provided for therein, at any of the quarterly terms of said court, and that the commissioner or commissioners so elected shall hold office for the term of one year from the time of his or their election. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed March 19, 1858. Speaker of the Senate. CHAPTER 76. AN ACT to authorize the people to call a convention to revise, alter, or amend, the Constitution of the State of Tennessee. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the citizens of this State, entitled to vote for members of the General Assembly, are hereby authorized to assemble at the several places of holding elections in their respective counties, and vote for or against calling a convention to amend, revise, or form and Election. make a new Constitution for the State. SEC. 2. The election provided for in the first section, shall be held on the first Thursday in September next. Sheriff to give tice. SEC. 3. The sheriffs of the several counties in this State shall, after giving sixty days' notice in writing in each civil sixty days nodistrict in their respective counties, and in some newspaper printed in the county, (if there be one) and if none, in some newspaper printed at Knoxville, Nashville, Jackson, and Memphis, open and hold an election, at the several places of holding elections in their counties, on the first Thursday in September next, as prescribed in this act. SEC. 4. The elections authorized by this act shall be held Returns, how and conducted under the same rules and regulations that made. elections are for members of the General Assembly, and the returns of such elections shall be made in the same manner, that returns are made of elections for members of the General Assembly. Secretary of SEC. 5. Each voter shall write on his ticket Convention or no Convention, and the returns of such election having been made, the Governor and Secretary of State shall Governor and compare all the votes cast for, or against the convention, state to compare and if it shall appear that the votes in favor of a conven- votes. tion amount to a majority of the whole number of votes polled for Governor at the election next preceding the day of election for or against said constitution, Provided, that a majority of the entire vote so polled shall be in favor of the convention, then, the Governor shall issue his proclamation, declaring that a majority of the votes polled, are in favor of a Convention. He shall also issue writs of election, directed to the sheriffs in every county in this sue writs. State, authorizing and requiring the sheriff thereof, to open and hold elections for delegates to the convention, at the several places of holding elections in their respective counties, on the first Thursday in November next. SEC. 6. Each county electing one representative to the General Assembly, shall elect one delegate to the convention; each senatorial district shall elect one delegate to the convention, and each representative district composed of more than one county, shall elect one delegate to the convention. Counties that elect more than one representative, shall elect the same number of delegates, as they are entitled to elect representatives. SEC. 7. Elections of delegates to the convention shall be held under the same rules and regulations, as members of the General Assembly, and returns of such elections shall be made in the same manner, as returns are made for mem Governor to is Delegates. Returns. |