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CHAPTER 5.

AN ACT to establish certain Civil Districts in Hamilton County, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act, the Tenth Civil District of (formerly) Bledsoe, which was attached to the county of Hamilton, by the act of 1856, chapter 162, sections three and four, constitute the Fifteenth Civil District of Hamilton county.

SEC. 2. Be it further enacted, That the First and Second Civil Districts of (formerly) Marion county, which were attached to the county of Hamilton, by the sections aforesaid of said act of 1856, constitute, respectively, the Sixteenth and Seventeenth Civil Districts of Hamilton county.

Justices and

SEC. 3. Be it further enacted, That the justices of the peace and constables, who were in authority in said Civil Districts, of (formerly) Bledsoe and Marion counties, on Constables. the 20th of September, 1857, shall continue to use and exercise their power and authority as justices of the peace and constables of Hamilton county, in the same manner as though they had not been detached from Bledsoe and Marion, until their successors in office are elected, or until some other provision is made for the enforcement of law and the attainment of justice in said civil districts.

SEC. 4. Be it further enacted, That the official acts of all said justices of the peace and constables, since the 20th of September, 1857, be, and the same are hereby declared valid: Provided, such official acts, would have been valid, if said justices and constables had been-legally and constitutionally elected justices and constables of Hamilton county.

DANIEL S. DONELSON,

Speaker of the House of Representatives.
JOHN C. BURCH,

Speaker of the Senate.

Passed November 4, 1857.

CHAPTER 6.

AN ACT to authorize Soam Waddle and Moses Moore to build a mill-dam across Chucky River.

Be it enacted by the General Assembly of the State of Tennessee, That Soam Waddle and Moses Moore, of the county of Washington, are hereby authorized to build a mill-dam across Nolla Chucky River, near the residence of said Waddle and Moore: Provided, they keep up a slope forty feet wide, which may be raised to a height of twenty inches.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed November 6, 1857.

Speaker of the Senate.

CHAPTER 7.

AN ACT to amend an act passed February 26, 1856, chapter 204, page 389.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That an act passed February 26, 1856, incorporating the Memphis and Germantown Turnpike Company, be amended so that section 26 of said act shall require the grade of the road to be at least twenty feet wide.

SEC. 2. Be it enacted, That this act shall take effect from and after its passage.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Speaker of the Senate.

Passed November 6, 1857.

CHAPTER 8.

AN ACT to change the name of William Hays.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That David Hipshear, of Hancock county, be permitted to adopt William Hays as his own legitimate son; that the same rights and benefits, together with the privilege of inheriting and succeeding to the real estate and personal property of the said David Hipshear be and the same are hereby conferred on said William, to the extent to which he would be entitled were he born in actual wedlock, and that the name of said William Hays be and the same is hereby changed to William Hipshear.

SEC. 2. Be it 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 November 7, 1857.

Speaker of the Senate.

CHAPTER 9.

AN ACT for the relief of the securities of James Tidwell.

WHEREAS, At the February term of 1856, of the Circuit Court of Fayette county, held in the town of Somerville, Tennessee, a judgment was recovered by the State of Tennessee, against James Tidwell and his securities upon his bond as tax collector of county aforesaid for the sum of fourteen thousand and eighty-one dollars and ninety-three cents, (14,081 93;) as principal; interest on same from January 1, 1855, nine hundred and sixty-four dollars sixty cents, (964 60,) and 12 per cent. damages consequent upon default, one thousand seven hundred and sixty dollars and twenty four cents, ($1,760 24) amounting in all to sixteen thousand eight hundred and six dollars and seventy-seven cents ($16,806 77;) and whereas said. Tidwell, before the rendition of said judgment had deposited in the branch of the State Bank at Somerville the sum of eight thousand four hundred and ninety-three dollars

and thirty-seven cents, ($8,493 37,) which said sum still remained on deposit in said bank until paid over on said judgment, which judgment said securities, or a part of them, enjoined in the Chancery Court sitting in said town. of Somerville, and said Court refused to grant the relief prayed for and dismissed complainants' bill and gave judgment against said securities and their securities for the amount of the judgment of the Circuit Court, &c., therefore,

SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That the Attorney General and Judge of the Eleventh Judicial Circuit are hereby authorized and empowed to indulge the said securities for the payment of the balance of said judgment for the space of two years from the passage of this act: Provided always, that said indulgence shall not be given unless in the opinion of said Attorney General and Judge of the Eleventh Judicial Circuit said judgment will be in no wise endangered by giving the time hereby authorized to be given.

SEC. 2. Be it further enacted, That the said securities may avail themselves of this indulgence by appearing in open court at any term of the Circuit Court of Fayette county, with two or more good and sufficient securities to be approved of by said Attorney General and Court, and confessing judgment for the full amount due on said chancery suit, judgment and such confession of judgment, shall be a satisfaction of said Chancery Court judgment, except the costs, which shall be paid by said securities, and thereupon the judgment of the Circuit Court shall be stayed for the term of two years after the passage of this act.

SEC. 3. Be it further enacted, That said Attorney General and Court in estimating the amount now due shall deduct the 12 per cent. damages and the interests of the sum deposited in the Branch of the State Bank at Somerville from the time of said deposit and the commissions due said tax collector had he paid the same as required by law.

SEC. 4. Be it further enacted, That the said Attorney General shall have full discretion to take a confession of judgment in the manner above designated in the second section of this act from each of said securities for his proportionate share of said Chancery Court judgment, or for any amount of same that may be agreed upon by them; Provided, That such division of the judgment does not in his opinion endanger the collection of the same.

SEC. 5. Be it further enacted, That when the securities, or as many of them as shall join in securing the amount of the judgment, shall have secured to the satisfaction of

the Court and Attorney General, the amount of the same as before, provided they shall have judgment over against their principal, James Tidwell, for the full amount, and against such of the securities as do not join in securing said judgment against each, for his ratable proportion, including only such securities as are legally liable: Provided, That nothing in this act shall in any way relieve the said James Tidwell from his liability on the judgment rendered against him in the Circuit Court of Fayette county for the taxes mentioned in this act; and provided further, that the securities shall not be released from any interest that may accrue against them after the rendition of said judgment agreeable to the provisions of this act.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed November 7, 1857.

Speaker of the Senate.

CHAPTER 10.

AN ACT to change the name of Robert Livingston Allen.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Robert Livingston, of Dickson county, and State of Tennessee, be permitted to adopt Robert Livingston Allen as his own legitimate son, and that the same rights and benefits, together with the privilege of inheriting and succeeding to the real estate and personal property of said Robert Livingston, be and the same are hereby extended to the said Robert as if he had been born in actual wedlock, and that hereafter he shall be known by the name of Robert Livingston.

SEC. 2. Be it further enacted, That this act take effect from and after its passage.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Speaker of the Senate.

Passed November 7, 1857.

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