Times of meeting,

Officers.

pay.

son shall be eligible to the office of Mayor or Aldermen un less he be a citizen of, or a freeholder in the town of Rome; and in case of the death, resignation or removal of any of the officers of said corporation, the said Mayor and Aldermen shall have power to fill such vacancies for the time unexpired. SEC. 4. Be it enacted, That the several persons so elected as aforesaid, having the highest number of votes at any election held, shall be taken as duly elected, and it shall be the duty of the persons so elected, to meet at some convenient place on the next succeeding Monday, in each and every succeeding year after their own election; and the Mayor and Aldermen, five of whom shall form and constitute a quorum, shall proceed to elect a Recorder and Town Constable for said corporation for the same time for which Mayor and Aldermen were elected as aforesaid, and the persons appointed by them shall serve twelve months, or until the third Monday of January next succeeding.

SEC. 5. Be it enacted, That the duties and compensation Duty and of the Recorder and Town Constable shall be prescribed and regulated by the Mayor and board of Aldermen.

meeting.

SEC. 6. Be it enacted, That after the first election herein Places of provided for, the Mayor and Aldermen of said town may select the place within the corporation at which to hold the election of Mayor and Aldermen, and may fix the time and places within said corporation of holding meetings at their discretion.

SEC. 7. Be it further enacted, That the corporate limits Fayettville. of the town of Fayetteville, in Lincoln county, be and same are hereby extended so as to include one half acre of land on the west of said town, at present owned and occupied by William T. Berry, commencing at the south-west corner of lot No. 99, as designated in the plan of said town; thence west five poles to a tract of one acre, owned by Brice M. G. Rhea; thence north with said Rhea's east boundary line sixteen poles; thence east five poles to the north west corner of lot No. 100, in said town; thence south with the west boundary line of said lots No. 99 and 100 to the beginning; and that the half acre of land herein included within the corporate limits of said town, shall be known and designated in the plan of said town of Fayetteville, as lot No. 133.

D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON,

Speaker of the Senate.

Passed October 24th, 1843.

CHAPTER VIII.

An act to incorporate the town of Tazewell, in the county of Claiborne.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the town of Tazewell in the county of Claiborne, and the inhabitants thereof, are hereby constituted a body politic and corporate by the style and name of the Mayor and Aldermen of the town of Tazewell, and shall have perpetual succession by their corporate name; may sue and be sued, plead and be impleaded, grant, receive, purchase and hold real, mixed and personal property, or dispose of the same for the benefit of said town, and may have

and use a town seal.

Incorporated

SEC. 2. Be it enacted, That the corporation aforesaid shall Powers have full power and authority to enact and pass such laws and ordinances necessary and proper to preserve the health of the town, to prevent and remove nuisances, to provide for licensing and regulating auctions; taxing, regulating or restricting theatrical or other public amusements and shows within the bounds of the corporation, to restrain and prohibit gambling, to establish night watches and patrols, to ascertain when necessary the boundary and location of streets, lanes and alleys, to establish new streets, lanes and alleys with the consent of the proprietors of the lots or houses adjoining such streets, lanes, and alleys, to pave and keep in repair the streets, to pass all laws necessary for the same, to establish necessary inspections within the town, to erect and regulate markets, to provide for the establishment and regulation of a fire company and sweeping of chimneys, to procure water by the digging of wells or otherwise, to erect and regulate pumps, to impose and appropriate fines, penalties, and forfeitures for a breach of the bye-laws or ordinances, to appoint a Recorder, to lay and collect taxes for the purpose of carrying the necessary measures into operation for the benefi of said town, to restrain tippling houses, and to pass all laws and ordinaces necessary and proper to carry the intent and meaning of this act into effect, provided they are not incompatible with the Constitution and Laws of the State.

SEC. 3. Be it enacted, That all fines, forfeitures and penalties imposed by the bye-laws and ordinances of said corporation, shall be recovered by action of debt before any jurisdiction having cognizance thereof.

Fines

tion

SEC-4. Be it ewacted, That the Sheriff of Claiborne county, after ten days previous notice, shall by himself or one of Officers olecehis Deputies, hold an election at the Court House in Tazewell, on the first Monday in August 1844, and on the same Monday in each and every year succeeding, for the purpose of electing six persons to serve as Aldermen, and one person for Mayor, and one other person for Town Constable for the

corporation of the said town of Tazewell, for one year commencing on the first Monday next succeeding their election, and all persons living within the limits of said corporation, who would be qualified to vote for members of the General Voters Assembly, and persons owning a freehold in the bounds of said corporation, shall be entitled to vote for Mayor, Aldermen and Town Constable for said corporation, and no person shall be eligible to the office of Mayor or Aldermen unMayor & Al. less unless he be a citizen of, or a freeholder in the town of Tazewell; and in case of death, removal or resignation of any one of the officers of said corporation, the said Mayor and Aldermen shall have power to fill such vacancies for the time unexpired.

dermen

SEC. 5. Be it enacted, That the several persons so elecMeeting of al- ted as aforesaid, having the highest number of votes at any dermen & el-elections held, shall be taken as duly elected, and the Sherection mayor iff or Deputy holding the election as aforesaid, shall within

Recorder

Oath

three days thereafter give to each of the six Aldermen, Mayor and Town Constable, a certificate of their election, and it shall be the duty of the persons so elected to meet at the Court House on the next succeeding Monday after their election, and after having been qualified, the Mayor and Aldermen, five of whom shall form and constitute a quorum, shall proceed to elect a Recorder for said corporation, for the same time for which the Mayor and Aldermen were elected as aforesaid; and the person or persons appointed by them shall serve until the second Monday of August next succeeding.

SEC. 6. Be it enacted, That the Mayor and Aldermen of said town shall before entering upon the duties of their appointment, take an oath before some Justice of the Peace for Claiborne county, to faithfully, uprightly and honestly demean themselves as Mayor and Aldermen of said corporation during their continuance in office.

SEC. 7. Be it enacted, That the Town Constable so elecCostable and ted by said votes, shall continue in office twelve months from the time of his appointment, and shall on entering on the duties of his office, give bond and sufficient security to the Mayor for the time being, for the faithful discharge of the duties of his appointment, and accounting for all monies by him collected; and the Recorder and Constable shall continue in office during one year, and then the corporation shall be regulated by the Mayor and Aldermen.

Corporation Taxes

SEC. 8. Be it enacted, That when any tax or duty shall be imposed upon any real property lying within the bounds of said corporation, and not paid by the owner or occupier of the same, & there shall not be any personal property of the owner of said lots, or other real estate within the bounds of said corporation, upon which the same could be levied, then

it shall be the duty of the Recorder to certify the same to the Circuit Court of Claiborne county, at the same time to which the Sheriff of said county is required to report lands in his county on which the State and county tax have not been paid, and upon said report at said term it shall be the duty of said Circuit Court to enter up judgment for the tax due said corporation, in the same manner that judgments are required to be entered for the non-payment of the tax due the State and county upon lands lying within the county, and the same shall be sold at the same time and in the same manner, and subject to the same rules, regulations and restrictions that are by law required for the sale of lands lying within said county, on which the State and county tax have not been paid; which tax, when collected by the Sheriff, shall be paid by him into the hands of the Town Constable for the use of said corporation; which sale when in the manner aforesaid made, shall vest the same right and title in the purchaser as if the sale had been made for the taxes due the State.

SEC. 9. Be it enacted, That the Mayor and Aldermen of Foreign arti said town of Tazewell shall have the power of laying and cles collecting a tax from persons who vend any articles not of the growth, production or manufacture of this State, within the bounds of said corporation, or any privileges now by law liable to be taxed.

Debta

SEC. 10. Be it enacted, That all debts due and owing, or which may hereafter become due, which by law were required to be paid for the use and benefit of said town of Tazewell, shall be paid to the Mayor & Aldermen, or to whomsoever they may appoint to receive the same for such use, and they are hereby authorized and required to sue for and recover the same before any tribunal having jurisdiction thereof. SEC. 11. Be it enacted, That the Sheriff of Claiborne Judges county shall previous to holding an election for Mayor, Aldermen and Town Constable, as provided for in the 4th section, appoint three respectable citizens, freeholders in the town of Tazewell, who shall act as judges of said election.

SEC. 12. Be it enacted, That the first election of Mayor, Election Aldermen and Constable, shall take place on the second Thursday of December 1843, who shall hold their offices until their successors are elected and qualified, as provided for in the fourth section.

SEC. 13. Be it enacted, That if any person or persons Extended who now live out of the original plan of said town, and within the following bounds, which bounds includes the original plan of said town of Tazewell, viz: Beginning at Russell's Creek, where the Kentucky road crosses the same; running thence north-westwardly with the Kentucky road to to the south end of Main Street; thence along with the south

1

end of said town and the Knoxville road, north-westwardly to the top of the hill west of Tazewell; thence a north-east course along the top of the hill so as to include the graveyard to a point four poles directly north of a spring called th Posey spring: thence along the north-east side of said spring branch to Russell's Creek; thence up Russell's creek with its meanders to the point of beginning. And it shall be the duty of the Mayor and Aldermen to cause a survey as designated in the above bounds, and the same shall be certified to the Register of the county of Claiborne, who shall proceed to record the same, for which the board of Mayor and Aldermen shall make provisions out of the corporation tax in their hands to pay for such services, and the person or persons so included, their lots &c., shall come under the same rules and regulations as those now included in the original plan of said town.

SEC. 14. Be it enacted, That if any Sheriff should fail or Election neglect to hold an election for the aforesaid offices, on the first Monday in August in each and every year, he may at time thereafter open and hold an election for the aforesaid offices, by first giving ten days previous notice of said election for the balance of the then unexpired year.

any

SEC. 15. Be it enacted, That all laws heretofore passed Repealed in relation to said corporation, be and the same are hereby

repealed.

Passed November 1st, 1843.

Speaker of the Senate.

CHAPTER IX.

An act to repeal the third section of the act of 1817, chapter 77.

SECTION 1. Be it enacted by the General Assembly of the Repealed State of Tennessee, That the third section of the above recited act be and the same is hereby repealed.

SEC. 2. Be it enacted, That from and after the first day of March next, each Notary Public in this State shall be alNotarypublie lowed for recording in a well bound book, to be by him kept for that purpose, each attestation, protestation, and other in