McNairy. Robinson, of the county of McNairy, be, and they are Commissionbereby appointed commissioners on the part of the State, ers of road in on a turnpike road granted to George G. Adams, J. L. Rushing and James Kerr by an act passed 12th December, 1843, chapter 31, to fill the vacancy of William Sceratt and John Lindsey, resigned; and said commissioners shall be governed by the provisions of the act aforesaid. Justice may SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That any person brought before a find offenders. Justice of the Peace for a misdemeanor, may plead guilty, whereupon the Justice shall hear the evidence, and fine the offender, according to the aggravation of his offence, not less than two dollars and not exceeding fifty dollars, together with the costs. SEC. 2. The offender shall immediately pay the fine Offender must and costs, or give security to pay the same immediately, pay cost or be or immediately be imprisoned until he satisfy the fine imprisoned. and costs. Security SEC. 3. One or more persons may become such security, by verbal acknowledgment before the Justice, or how given." by sealed or unsealed writing to the Justice to that effect. Execution SEC. 4. If the offender give such security, the Justice shall forthwith issue execution against the offender and may issue. his security, or any of them, for the fine and costs, which execution shall be returnable to the Justice within thirty days, including the day of its issuance. SEC. 5. If the offence merit a fine exceeding fifty dollars, or imprisonment and fine of any amount, or imprisonment alone, or if the offence is punishable expressly by both fine and imprisonment, the Justice shall not render judgment against the offender, but shall proceed as usual. When judg ment shall not be rendered. ing insufficient security a mis Knowingly tak- SEC. 6. The knowingly taking of insufficient security for the fine and costs, shall be a misdemeanor, for which demeanor. the Justice shall be punished by discretionary fine. SEC. 7. The fine and costs, if paid before execution, Fine and cost shall be paid to the Justice, if paid after execution, to the to whom officer having the same. paid. bond. SEC. 8. The Sheriff and every Justice of every county, Sheriff and before proceeding under this act, and within a reasonaJustice to give ble time after its passage, shall execute bond with secu rity to his County Trustee, for county use, with or without seal, or scroll and renewable biennially, in the penalty of five hundred dollars, conditional to pay to the County Trustee every fine received or collected, or which might have been received or collected by him under this act. SEC. 9. Proceeding under this act without having Failing to give executed such bond, or failing to execute, or to renew bond a misde- such bond, shall be a misdemeanor for which the Sheriff or Justice shall be punished by discretionary fine. meanor. SEC. 10. The County Trustee shall proceed against County Trus- the Sheriff or Justice and his security or any of them, tee to proceed for a forfeiture of the condition of the bond required by against Sheriff or Justice. the 8th section, by motion before a Justice of the Peace, giving five days' written or verbal notice, when, where, before whom, and for what the motion will be made, which motion shall be disposed of as other motions. SEC. 11. Every County Trustee, before proceeding Trustee to under this act, and within a reasonable time after its pasgive bond. sage, shall execute bond with security to the Chairman of the County Court for county use and renewable biennially, in the penalty of twenty-five hundred dollars, conditioned to indemnify his county for any loss occasioned by breach of his duty, and to pay as lawfully directed, all fines received, or which might have been received by him, under this act.. 4 SEC. 12. Proceeding under this act, without having Trustee pro-executed such bond, or failing to execute or renew such ceeding with- bond, shall be a misdemeanor, for which the County demeanor. Trustee shall be punished by discretionary fine. out bond a mis proceeded gainst. SEC. 13. The Chairman of the County Court shall Trustee-how proceed against the County Trustee, and his security, a- or any of them, for a forfeiture of the condition of the bond required by the 11th section, by motion, before the Circuit Court, giving five days' written or verbal notice, when, where and for what the motion will be made, which shall be disposed of as other motions. SEC. 14. Every execution under this act shall be adExecution to dressed and delivered to the Sheriff, who shall pay the whom issued. proceeds thereof, if the execution is not against the County Trustee, to said Trustee, for county use, if the execution is against the County Trustee, the Sheriff shall pay the proceeds thereof into the County Court for county use. SEC. 15. If any person commit a contempt of the Justice, during proceedings before him, under this act, the Justice shall fine the offender not less than one dollar and not exceeding ten dollars and the costs. If the fine and costs be not immediately paid, or if security be not given to pay the same immediately, the Justice shall forthwith imprison the offender, until he satisfy the fine and costs. If the offender give such security, the Justice shall immediately issue execution against the offender and his security or any of them for the fine and costs, which execution shall be returnable, addressed and delivered as is provided in the 4th and 14th sections. SEC. 16. Security under the 15th section shall be given and taken as is provided in the 3d section. Contempt how punisha ble. SEC. 17. If the Sheriff shall fail to make due return Sheriff-bow of an execution under this act, addressed to and received proceeded by him, or to pay over the money on such execution, gainst. when the same is returned satisfied in whole or in part, or shall make a false or insufficient return on such execution, the County Trustee shall proceed against such Sheriff therefor, as is provided in the 10th section, for a breach of the 8th section. SEC. 18. For services under this act, the same fees Fees. and commissions shall be allowed as for similar services, under other acts. SEC, 19. The costs of a proceeding under this act When county shall be paid by the county, when the offender is dis- to pay cost. charged from prison, by virtue of the law for the benefit of insolvents. Justice to SEC. 20. Every Justice of the Peace shall keep a docket-book, in which shall be regularly docketed the keep docket. name of the offender, the date of the proceeding, the description and date of the offence, the person against or upon whom the offence was committed, the plea of guilty, whether after hearing the evidence the plea was rejected, or the offender recognized to appear at court if the plea was received, the judgment and its amount, both fine and costs, paid or not before execution-if not paid, names of security, date of issuance of execution, to whom issued and delivered, when returned, and what returned. Officers to SEC. 21. In effectuating this act, any Sheriff, Deputy Sheriff, Constable and person shall obey the command obey Justice. of the Justice, and every person shall obey the command of the officer. A violation of this section shall be a misdemeanor, punishable by discretionary fine. when allowed. SEC. 22. If any person proceeding under this act, Certiorari abuse or exceed his power, or exercise power not granted, the injured party, by written petition, alleging the grievance and verified by his or his agent's affidavit, and addressed to the Circuit Judge of the county in which the proceeding is had, shall have writs of supersedeas and certiorari granted by any Circuit Judge, by which the proceeding shall be transferred to the Circuit Court of the county, and be there determined as though nothing had been done under this act. SEC. 23. If the injured party obtaining writs of superInjured party sedeas and certiorari, give such bond and security for to give bond. his appearance before the Circuit Court as is required in misdemeanors, he shall be discharged from custody under this act. If he do not give such bond and security, he shall be entitled to said writs, but he shall remain in custody until discharged by due course of law governing misdemeanors. SEC. 24. The Circuit Judges shall give this act in charge to their respective grand juries. SEC. 25. This act shall take effect from its passage, and every conflicting law is hereby repealed. F. BUCHANAN,. Speaker of the House of Representatives. Speaker of the Senate. Passed, January 10, 1848. CHAPTER LVI. An Act to change the taxation of costs in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases of malicious prosecutions, the court shall tax the prosecutor, as well with the costs of the defendant, as of the State. SEC. 2. Be it enacted, That justices of the peace shall Justice may have the same power in taxing costs as is, by the above section, vested in the courts. tax costs. F. BUCHANAN, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 17, 1848. CHAPTER LVII. An Act to repeal an act, entitled "an act to amend the charter of the McMinnville, Woodbury and Murfreesborough Turnpike Company," passed, January 26, 1846. Be it enacted by the General Assembly of the State of Tennessee, That an act passed, January 26, 1846, entitled "an act to amend the charter of the McMinnville, Woodbury and Murfreesborough Turnpike Company," be and the same is hereby repealed. Be it enacted by the General Assembly of the State of Tennessee, That the fourth section of the act of the General Assemby of the State of Tennessee, chapter 138, passed, January 31, 1846, entitled "an act to incorporate the Female Academy in the county of Maury, and for other purposes," be so amended that there shall be but five Trustees of the Big Spring Male Academy, in Bedford county, instead of twelve, as authorized by the act which this is intended to amend; and that Bluford Davidson, Wiliam Goggin, Randolph Newsom, Noah Scales, and Leroy W. Barrett, be, and they are hereby constituted said Trustees, any four of whom shall constitute a quorum to do business. F. BUCHANAN, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 17, 1848. |