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SEC. 2. Be it further enacted, That whoever shall feloniously break open the house of another for the purpose of committing a larceny or robbery therein, shall, on conviction thereof, suffer death by hanging: Provided, The jury before whom the offender is tried and convicted may, if they think proper, commute the punishment for the offence to imprisonment in the penitentiary for the period of not less than ten nor more than twenty-one years.

SEC. 3. Be it further enacted, That whoever shall feloniously rob another, or steal from his person, shall, on conviction thereof, suffer death by hanging: Provided, The jury before whom the offender is tried and convicted may, if they think proper, commute the punishment to imprisonment in the penitentiary for a period of not less than ten nor more than twenty-one years.

SEC. 4. Be it further enacted, That any person duly convicted of house or bridge burning, shall suffer death by hanging: Provided, The jury, if they think proper, may commute the punishment to imprisonment in the penitentiary for a period of not less than ten nor more than twenty-one years: And provided, further, That nothing in this act shall be so construed as repealing the laws now in force for the punishing of the offences mentioned in this act; but all persons who have heretofore committed any of the offences mentioned in this act shall be tried under the existing laws, and, if convicted, shall be punished as now prescribed by law. SEC. 5. Be it further enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 17, 1865.

CHAPTER VI.

AN ACT to repeal the 3d article of the 5th chapter, title 5, of the Code of Tennessee. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the 3d article of the 5th chapter, title 5, 2d part of the Code of Tennessee, be and is hereby repealed. SEC. 2. Be it further enacted, That this act take effect from and after its passage.

WILLIAM HEISKELL,
Speaker of the House of Representatives.
SAMUEL R. RODGERS,

Passed May 18, 1865.

CHAPTER VII.

Speaker of the Senate.

AN ACT to establish the eighth chancery district of Tennessee.

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That an eighth chancery district be, and is hereby, established in the State of Tennessee, to be composed of the counties of Sevier, Blount, Monroe, Roane, Knox, Anderson, and McMinn.

SEC. 2. Be it further enacted, That the chancellor elected, pursuant to the provisions of this act, shall hold the courts in the several counties composing said district at the times and places in said counties now designated by law, and said chancellor shall have all the powers and emoluments given to other chancellors of this State; and until a chancellor shall be appointed or elected for said district, it shall be the duty of the present chancellor to hold the courts in said counties as heretofore.

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage.

WILLIAM HEISKELL,
Speaker of the House of Representatives.
SAMUEL R. RODGERS,
Speaker of the Senate.

Passed May 22, 1865.

CHAPTER VIII.

AN ACT to amend the revenue laws of the State.

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That section 553 of the Code of Tennessee be, and the same is hereby, amended, so that the following rate of taxation shall be levied and collected, as now provided for by law on every taxable poll, one dollar; on every hundred dollar's worth of taxable property, twenty-five cents; on sales of land, one cent per acre; on sales of town lots, or parts of town lots, for each lot, or part, five dollars; on sales of merchandise by merchants, two cents on the dollar on its

invoice cost at the place where purchased, unless the tax on the same has once before been paid to the State, in which event no additional tax will be paid; on sales of merchandise by a peddler, for each county in which he travels, if on foot, twenty dollars; if on horseback, fifty dollars; if in a vehicle, fifty dollars; and for each vehicle, if he uses more than one, fifty dollars; on the regular business of selling at auction any article, the selling of which is not taxable, fifty dollars; in all other cases the same rate which is imposed on sales of merchandise on commission, on the regular business of selling goods, wares, and merchandise on commission, on the gross amount of sales, public and private, when the amount does not exceed ten thousand dollars, thirty-five dollars; between ten and twenty thousand dollars, sixty dollars; between twenty and thirty thousand dollars, eighty five dollars; between thirty and forty thousand dollars. one hundred and ten dollars; and in like ratio: on the regular or general business of brokers, one thousand dollars; on granting policies of insurance, by other than companies chartered by the State, twelve hundred and fifty dollars; on the business of banking, by companies operating under the law to authorize and regulate the business of banking, thirty-five cents on each hundred dollars of the capital of each bank; on the business of banking by banks, or associations of persons of other States of the Union, three-fourths of one per cent. on the capital stated in the affidavit filed for the license as intended to be used in the succeeding twelve months; on discounting securities for money, shaving notes, two cents on every dollar employed, but in no case less than ten dollars; on theatrical exhibitions, if the theatre or place of exhibition be in a city, five hundred dollars; if in other places, fifty dollars; on exhibiting for profit a circus, or circus and animal show, feats of activity or strength, if in a city, one hundred dollars for each day and night exhibition; if in any other places than aforesaid, fifty dollars, on keeping a confec tionery, ice-cream saloon, and other places of refreshment, seven and a half per cent. on the capital employed, and the keeper shall take out a license as merchants by law are now required, and shall, in addition to said per centum, pay ten dollars for each privilege; on each petition filed in any court of record for the division and distribution of estates, five dollars; on each appeal, writ of error, or certiorari from the circuit or chancery court to the supreme court, five dollars; on each appeal or certiorari, from before a justice of the peace, three dollars and fifty cents; on each presentment or indictment, three dollars and fifty cents; on each original suit in any of the courts of law or equity in this State, five dollars.

SEC. 2. Be it further enacted, That the owners of steam, saw, and grist mills, erected upon the lands of another, shall pay an annual tax to the State of one hundred dollars; that all persons who set themselves up as lawyers, and propose to practice law in any of the courts of the State, or held within the State, or before any military commission, shall pay an annual tax to the State of twenty-five dollars; that all persons who propose so to practice shall take out a license from the county court clerk of some county, certifying that the tax has been paid. Any person proposing to, and practicing as aforesaid, failing, or refusing to take out said license, shall pay a double tax, to be recovered before any circuit court of the State where motion is made by the attoruey general of any district, upon ten days' notice to said delinquent, either by publication in some newspaper in the State, or in writing.

SEC. 3. Be it further enacted, That all persons who set themselves up as doctors of medicine or surgeons (the term doctor, to include all persons who, for pay, propose to cure diseases, public or private, and the term surgeon shall be taken in the general application of the term, and shall include dentists,) shall pay an annual tax to the State of twenty-five dollars; license to be obtained, payment made, and recovery had, as provided for in the second section of this act, governing lawyers.

SEC. 4. Be it further enacted, That all persons known as photographers, and dealing in photographic and ambrotype apparatus and material. shall take out a license, and pay the same tax to the State as merchants now pay; and all persons who are or may hereafter set themselves up as artists, for the purpose of taking photographs, ambrotypes, or daguerrean likenesses, if in a city, for each gallery opened, one hundred dollars; at any other place, excepting in the country, twenty-five dollars; if in the country, five dollars; (the term gallery to mean any place where the artist takes pictures ;) said tax to be paid to the clerk of the county where the gallery is opened. Any person opening a gallery as aforesaid, without paying the tax, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred nor more than five hundred dollars.

SEC. 5. Be it further enacted, That sub-section two of section 691 of the code of the State be, and is hereby, amended, by striking out the words "twenty-five dollars" and inserting the words "fifty dollars," and by striking out the word "ten" and inserting the word "twenty."

SEC. 6. Be it further enacted, That the foregoing tax shall be assessed and collected as is now provided by law; that any county which refuses or fails to make the assessment and appoint a tax collector to collect the taxes due the State within the year 1865, unless the governor of the State shall be satisfied that the people of the county made honest efforts so to do, and it was impossible for them to comply with this act, shall pay a double tax; and the governor shall send an assessor of his own appointing to said county, with a sufficient posse to levy and collect said double tax; that the collector so appointed shall seize a sufficiency of the delinquent's personal property to satisfy the taxes and charges, and sell the same in any county of the State where he can get bidders, after giving the notice now re

quired by law. If the delinquent have no personal property of which to make the taxes, then the collector shall levy on sufficient real estate to pay the same, and shall return the facts to the nearest county having resumed civil functions; and upon return of a written statement of the facts, the circuit court shall, at the second term of the court, condemn the real estate of the delinquent, or so much thereof as will be of value sufficient to satisfy the taxes and costs. And the collector shall, after giving forty days' notice in writing, posted on the court-house door of the county where the land was condemned, as well as in the county where the land is situated, if practicable, sell the same at public outcry to the highest bidder, in the same manner, and with the same conditions, and upon the same terms, as now provided by law; but this section shall not apply to soldiers belonging to the United States army, or soldiers that have served in the same and have been honorably discharged, or their widows or minor children.

SEC. 7. Be it further enacted, That the 553d section of the Code of Tennessee be so amended as to read as follows: "On keeping a tract for turf-racing, two hundred dollars; for half-mile tracts, one hundred dollars; for quarter-mile tracts, fifty dollars."

SEC. 8. Be it further enacted, That any person of undoubted loyalty residing in a county where the tax has been collected, as provided in this act, shall have the privilege of paying his tax at any time before or at the time the collector comes into the county to collect the double tax provided by this act.

SEC. 9. Be it further enacted, That all express companies doing business in the State of Tennessee shall take out a license from the comptroller, and pay over to him one thousand dollars for the privilege of doing business; and, in addition, give bond to the comptroller of five thousand dollars, to account and pay over one-half of one per cent. on their income from their business done in this State.

SEC. 10. Be it further enacted, That the tax assessed on lawyers, by this act, shall be collected by the clerk of the county court of the county where the lawyer resides. Said clerk shall issue license.

SEC. 11. Be it further enacted, That all persons who are engaged in tanning leather as an occupation, shall pay into the treasury of the State twenty-five dollars as a privilege tax. SEC. 12. Be it further enacted, That, after paying the interest on the State debt proper and current expenses of the State, the sum of eight hundred thousand dollars be applied to common school purposes, in addition to what is now allowed by law for said purposes. That all the laws of the State upon the subject of taxes, except as altered or repealed by this act, are still in full force and effect. That the county courts of this State shall have the power to embrace in the catalogue of subjects of taxation for county purposes all subjects mentioned in this act. This act shall take effect from and after the date of its passage.

WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 24, 1865.

CHAPTER IX.

AN ACT to more effectually manage the penitentiary, and for other purposes. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the salary of the keeper of the penitentiary of the State shall be two thousand dollars a year, and no more; and that section 5442 of the code be, and the same is hereby, repealed, so far as it gives to the keeper one hundred dollars a year for the board of each assistant keeper.

SEC. 2. Be it further enacled, That all of the assistants, clerks, guards, and other employés, shall be boarded at the expense of the penitentiary, without any compensation being paid to the keeper; and it is hereby made the duty of the keeper to have the food properly prepared without any additional expense to the penitentiary.

SEC. 3. Be it further enacted, That the keeper of the penitentiary shall hereafter be elected by the joint vote of the general assembly of the State of Tennessee, in convention assembled.

SEC. 4. Be it further enacted, That the penitentiary shall be enlarged; and for this purpose the inspectors and keeper of the penitentiary are hereby instructed and required to direct the labor of the convicts to that end and object, so as to enclose the ground belonging to the penitentiary now open, or so much thereof as, in their opinion, the necessities of the institution may require.

SEC. 5. Be it further enacted, That the attorney general of the State be, and is hereby, instructed and comman led to examine into the item of the account showing that there is due to the penitentiary the sum of fifty thousand one hundred and thirty-two dollars and eighteen cents, by note and account; and if said indebtedness has been created since the year 1858, to institute legal proceedings against the keepers and their securities, who have created said in

debtedness in violation of law; and for this purpose he may procure competent counsel to represent the interests of the State, who shall be paid as the general assembly may hereafter direct.

SEC. 6. Be it further enacted, That the office of auditing clerk in the penitentiary be, and the same is hereby, repealed.

WILLIAM HEISKELL. Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 24, 1865.

CHAPTER X.

AN ACT to provide for the limitation of actions, and for other purposes.

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That no statute of limitations shall be held to operate from and after the 6th day of May, 1861, to the 1st day of January, 1867, and from the latter date the statutes of limitations shall commence their operation according to existing laws, and the time between the 6th day of May, 1861, and the 1st day of January, 1867, shall not be computed, nor shall any writ of error be refused or barred in any suit decided since the 6th day of May, 1861, or within one year immediately prior to that date by reason of lapse of time.

SEC. 2. Be it enacted, That the statutes of limitations prescribed in chapter 2, article 3, section 2784 of the Code of Tennessee, shall not be held to operate, or the time be computed from the 6th of May, 1861, to the 1st of January, 1867, and from and after the 1st day of January, 1867, said statutes of limitation shall commence its operations according to existing laws.

SEC. 3. Be it enacted, That if at any time any cause of action shall accrue against any person who shall be out of this State, the action may be commenced within the time limited therefor, after such persons shall come into the State, and after any cause of action shall have accrued, the person against whom it has accrued shall be absent from, or reside out of the State, the time of his abence or residence out of State shall not be taken as any part of the time limited for the commencement of the action.

SEC. 4. Be it further enacted, That in all cases where real estate is subject to redemption, as prescribed in chapter 5, section 2124 to 2137, inclusive, of the Code of Tennessee, the time between the 6th day of May, 1861, and the 1st day of January, 1867, shall not be held to operate, or be computed, and all persons entitled to redeem such real estate shall have six months from and after the 1st day of January, 1867, to redeem the same according to existing laws.

WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 30, 1865.

CHAPTER XI.

AN ACT to fix the fees to be paid by commissioners of deeds resident in other States.

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the secretary of state shall be allowed a fee of five dollars for affixing the great seal of the State to the commission of each commissioner of deeds for this State.

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

WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 31, 1865.

CHAPTER XII.

AN ACT for the relief of indigent families of soldiers.

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the county courts of this State shall have power, at any quarterly term, a majority of the justices of the peace of the county being present, to levy a tax on property privileges and polls, to raise a fund for the relief of indigent families of soldiers in the United States army; said fund to be collected and paid to the trustee, as now provided for by law: Provided, That the widowed

mothers, wives, and minor children of soldiers who have died in the federal service shall have the benefit of this act in common with the families of those still living.

SEC. 2. Be it further enaeted, That the fund raised under the provisions of the first section of this act shall be under the control of the county court of the county where raised, and shall be used only for the purpose for which it was raised, unless the necessity for which it was intended ceases, then it shall become a part of the general fund of the county. SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. ROGERS,

Speaker of the Senate.

Passed May 31, 1865.

CHAPTER XIII.

AN ACT to amend the corporation of the city of Shelbyville, and for other purposes. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the sheriff of Bedford county shall open and hold, upon ten days' notice, an election for mayor and aldermen, and other officers of the town of Shelbyville, according to existing laws, who, when elected, shall have all the powers, until their successors are elected at the next regular election and qualified as required by law, that are conferred by law on said mayor and aldermen, and other officers of the corporation of said town of Shelbyville.

SEC. 2. Be it further enacted, That the sheriff of each county in the State shall open and hold, upon ten days' notice, an election for mayor and aldermen, and other officers in any incorporated town, village, or city, according to existing laws; who, when elected, shall have all the powers conferred on them by their respective charters of incorporation, and until their successors are elected and qualified, as required by law.

SEC. 3. Be it furthar enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate.

Passed May 31, 1865.

CHAPTER XIV.

AN ACT to change the times of holding the chancery courts at Athens and Benton, in this State. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the chancery court at Athens, McMinn county, Tennessee, shall hereafter be bolden on the fourth Mondays of May and November in each year, instead of third Mondays of February and August, as now provided by law. The first court after the passage of this act shall be holden on the third Monday of February next, as heretofore, but forever thereafter the chancery courts at Athens shall be holden, commencing on the fourth Mondays of May and November, as above provided.

SEC. 2. Be it further enacted, That hereafter the chancery courts at Benton, in Polk county, Tennessee, shall be holden on the third Mondays of June and December in each year, instead of the first Mondays of February and August, as now provided by law; and the first court after the passage of this act shall be holden on the third Monday of June, 1865.

SEC. 3. Be it further enacted, That the chancery courts for the eighth chancery division of this State shall be held at the following times and places each and every year: fourth Mondays of May and November at Athens, McMinn county, Tennessee; first Mondays of June and December at Madisonville, Monroe county, Tennessee; fourth Mondays of June and December at Maryville, Blount county, Tennessee; Thursday after the third Mondays of April and October at Kingston, Roane county, Tennessee; first Mondays of April and October at Knoxville, Knox county, Tennessee; second Mondays of April and October at Seveirville, Seveir county, Tennessee; first Mondays of May and November at Clinton, Anderson county,

Tennessee.

SEC. 4. Be it further enacted, That hereafter all process issued from any of said chancery courts, in the eighth chancery division of this State, shall be made returnable to the times and places mentioned in this act, and that the next chancery court at Maryville, Blount county, Tennessee, shall be holden on the fourth Monday of December, 1865, instead of the time heretofore provided for by law.

SEC. 5. Be it further enacted, That the chancellor of the eighth chancery division of this State, shall have full power and authority to hold the circuit courts of the counties composing said chancery division, whether by interchange with a circuit judge or not; and such circuit courts as he may hold, and such causes as he may try and determine in such circuit, shall be

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