Page images
PDF
EPUB

Red River.

SEC. 4. At the next election for Mayor and Aldermen Bridge over of said town, the qualified voters for said officers shall,

if they are in favor of the erections of bridges over Red river at the expense of said corporation, as hereinafter provided, write upon their tickets “Bridge tax," and if opposed to said Bridges "No Bridge tax," and if it shall appear that a majority of the voters of the town are in favor of the erection of such bridge, the Mayorand Aldermen shall have the further powers granted in section 5th of this act.

Sec. 5. The Mayor and Aldermen may, at their elecTax to build tion, purchase on behalf of the corporation, the bridges Bridge.

already erected across Red river on the Russellville and Hopkinsville roads, or erect at convenient places two new bridges over said river, to be under the control and management of said Mayor and Aldermen, and to be free to such passengers, wagons, or other vehicles as they may from time to time direct. To raise a fund for the purpose of making said purchases or building said bridges the said Mayor and Aldermen, shall have power in addition to the general taxes for corporation purposes already authorized, to levy the following taxes, which shall be collected as other corporation taxes, and held and used for the purposes above specified and no other, viz: on real and personal taxable property in said town, a tax noi exceeding one-half of one per cent, on polls a farther tax not exceeding one dollar, on all privileges a further tax not exceeding ten dollars on each person exercising such privileges in said town, and upon hired negroes a further tax not exceeding one-half of one per cent on the amount of the hire. The said Mayor and Aldermen shall also have power, should it be necessary, to issue bonds based upon the “Bridge tax," viz: the additional tax authorized to be levied by this section.

SEC. 6. The power and authority to levy the taxes When taxes mentioned in the 5th section of this act, shall cease at the expiration of ten years from the passage of this act.

F. BUCHANAN,
Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate. Passed, November 15, 1847.

cease

[ocr errors]

CHAPTER IV.

Ad Act to fix the time of holding the Circuit Courts in and for the county of

Hancock, and for other purposes.,

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the first day When keld. of January, 1848, the Circuit Court of Hancock county shall be begun and holden on the first Mondays after the fourth Mondays in January, May, and September, in each and every year.

Sec. 2. Be it further enacted, That all writs or other process, now returnable to the next Circuit Court of said county, be and the same are hereby made returnable on the first Monday afier the fourth Monday in January next, in as full and ample a manner as though the time was set forth in said process; and all defendants, in criminal cases, shall be bound to appear and answer the Criminal cases. State upon their recognizances at the time last aforesaid, as if they had been specially bound to appear at said time; and all suits and causes, for trial at the next term of said court in said county, by the present law, shall be for trial at the time first fixed in this act; and process hereafter issued, shall bear test, and be made returnable as in this act directed. Sec. 3. Be it further enacted, That the sittings of the

Chancery. Chancery Court at Lawrenceburg, after the next term Court at Law thereof, shall be held on the fourth Mondays in May renceburg. and November, and that all process issued, or to be isbued, shall be returnable accordingly, and shall be deemed and held conformable to law, and the rules of said court, in as full a manner as if otherwise returnable and returned.

F. BUCHANAN,
Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate. Passed, 5th November, 1847.

CHAPTER V.

An Act to authorize the relinquishment or sale of the upper Red River

Bridge and Bridge site on behalf of the State to the corporation of the town of Clarksville.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Commissioners on behalf of

ment of States' interest.

Relinquish, the State, of the Clarksville and Russellville Turnpike

road, be, and they are hereby authorized to transfer and relinquish forever to the corporation of the town of Clarksville, in Montgomery county, Tennessee, all the right, title, and interest which the said State of Tennessee may have in and to the Bridge, and the site of said Bridge across Red river, where the said Turnpike road crosses said river, upon condition that said corporation of the town of Clarksville build or cause to be built, upon said site, a new and substantial free bridge, and keep the same or cause it to be kept in good repair.

Sec. 2. Be it further enacted, That the said commisConsideration

sioners, if they shall deem it just, and due to the interests
of the State, to require further and additional consid-
eration for such transfer and relinquishment of the said
Bridge and Bridge site above mentioned, shall be au-
thorized to exact and receive on behalf of the State,
such additional consideration, as justice to the interest
of the State, may, in their good judgment and discre-
tion require.

F. BUCHANAN,
Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate. Passed, November 16, 1847.

therefor.

CHAPTER VI.

An Act to incorporate the Literary Institution founded by Isaac Franklin.

Will.

Whereas, The late Isaac Franklin, of Sumner county, Provisions of in his last will and testament, made and published on

the twenty-fourth of May, in the year eighteen hundred and forty-one, gave and bequeathed all his property, real and personal, of whatever kind or nature, situated in the States of Tennessee and Mississippi, or any other common law state, where trust estates can be created, together with his bank stock, and effects and credits; and an undivided one third part of all his property, moveable and immoveable, slaves, &c., situated in the State of Louisiana, and also, all the rest and residue of his estate, wherever situated-in trust to his brothers, James Franklin and William Franklin, of Sumner county, to lay out the revenues and dividends thence arising, in building proper and suitable edifices on his Fairvue plantation in the county of Sumner, for an Academy or

Will.

Seminary, in furnishing the same with fixtures and fur- Provisions of niture, and in employing and paying such Teachers and Professors, male and female, as may be considered necessary by the said Trustees, for the education, board and clothing of the children of his brothers and sisters, and their descendants, as well as his own children, and their descendants, in the best and most suitable and proper manner for American youths, having a particular regard to a substantial and good English education, and such other higher and ornamental branches as the aforesaid revenues, &c., may enable his said Trustees to accomplish; and if said revenues should be sufficient, then also, for the education and support of the poor children in said county of Sumner, of unexceptionable character, and such as said Trustees may select. And, whereas, an opinion has been expressed by counsel in Louisiana, that this donation probably conflicts with the legitimate position of the testator's estate secured by the laws of that State to his children, and that the courts thereof would, it may be, reduce said donation to what is, by said laws, the disposable quantum, whereby said donation would be considerably diminished; and said donation perhaps conflicts, in other respects, with the legal rights of the widow and children and their heirs; and these doubts may be resolved, in such manner as to bind all persons interested, by an adjudication in Louisiana under the advice of a family meeting: And, whereas, besides this cause of delay to the immediate taking effect of the said donation, the whole of the testator's property, including the part of it thus given, is in and by said last will and testament, charged with and subject to, the payment of the testator's debts; also, with the payment io his wife, during her widowhood, of such annual sums of money as she may deem necessary to the support of herself and the testator's children, and their education; and his wife is to have the possession and use, during her widowhood, of all the property of his said plantation and estate called Fairvue in Suinner county, as a residence for and during said time, together with the use and benefit, for said time, of the dwelling house, outhouses, buildings, fixtures, lands, gardens, improvements and slaves belonging to said plantation, with the cattle, horses, mules, sheep and other stock, carriages, personal property, &c. &c.; and in case of the second marriage of his wife, his said estate, in lieu of the aforesaid annual sums, is charged with the payment to her of the sum of one bundred thousand dollars, or, at her election, the sum of six thousand dollars annually during her life, the payment of either to be in full for her rights of

Will.

Provisions of dower or any other rights that she may have on the tes,

tator's estate; and the revenues of said Fairvue estatein case of a second or subsequent marriage of the tes tator's wife, are charged with the education and support of the testator's children, until the youngest becomes of age or marries; and said estate is further charged with the payment of certain pecuniary legacies, in and by said last

will and testament given to various persons amounting to twenty three thousand dollars; also with the expense of building a tomb and family vault on said Fairvue plantation in Sumner county; also, with the purchase, out of the revenues of the testator's Louisianaplantations, his Tennessee plantations, the dividends of his bank stock, and interest on debts due him, of slaves to be placed on his three plantations in Louisiana already opened at the date of his will, as the said slaves might be wanted; also, with the expense of opening and of placing slaves and building negro quarters on three new plantations on the Mississippi river to be called the Angora, Loanga and Panola plantations; and also, with the expense of cultivating said plantations, and of making thereon divers ameliorations and improvements; and perhaps with other expenditures not herein recited: And whereiis, the time when said Academy or Seminary can be put into actual operation is indefinite, and dependent upon the extinguishment of said several charges upon the estate and the solution of the aforesaid doubts respecting the construction and operation of said will, and the adjudication, renunciation or other settlement of the rights of the several claimants of said property by the will or by the law; and it is represented to ihis General Assembly, that for the purpose of organizing and putting in early operation the Academy or Seminary aforesaid, the executors of the said Isaac Franklin, and his wife, and the tutrix, family and friends of his only surviving child are ready and willing to make any practicable and legal compromise and arrangement of their several claims, interests, rights and titles in and to said property, and to relinquish and renounce for an adequate compensation, the said claims and interests, rights and titles in and io the said Fairvue plantation, its slaves, stock and appurtenances, houses, outhouses, lands, &c., to William Franklin, the surviving Trustee of said Academy or Seminary

Now, in order to enable said parties to effectuate their said intention, so far as the Legislature possesses power in the premises-Be it enacted by the General Assembly of the State of Tennessee, as follows:

1. The Literary institution founded in and by said

« PreviousContinue »