SEC. 3. Be it further enacted, That it shall not be lawful for the first enterer to interfere in making his survey after- Interference prohibited. wards with the survey of the subsequent enterer; and any interference so made shall be null and void: Provided, the subsequent enterer shall have his, her or their entry surveyed within thirty days after the expiration of the sixty days notice given to the first enterer as aforesaid; and in case the subsequent enterer shall fail, refuse or neglect to have his, her or their entry surveyed within the thirty days as aforesaid, then, and in that case, the provisions of this act shall be null and void, to the said subsequent enterer as aforesaid. F. W. HULING, Passed October 18, 1833. Speaker of the Senate. CHAPTER XVIII. An Act to prevent frauds and hardships in the issuance of scire facias. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter it shall not be lawful for Issuance of any of the several clerks of any court of record in this scire facias. State, to issue any scire facias upon any record of said court, upon the application of any person other than the party of record or his attorney, unless such application be in writing signed by such applicant, which writing it shall be the duty of said clerk to file and preserve as other papers which are required by law to be preserved in his office. SEC. 2. Be it enacted, That in any case where scire facias Duty of clerk. shall issue upon the application of any person other than the party of record, or his attorney, according to the provisions of the first section of this act, it shall be the duty of the clerk issuing the same, to endorse on the back of said scire facias the name of the person who has thus applied for the same; and it shall be the duty of the court before whom any suit by scire facias may be determined, in case the same be dismissed or otherwise decided against the plaintiff therein, to give judgment for costs against the applicant so endorsed by the clerk as the applicant for the same. SEC. 3. Be it enacted, That if any clerk in this State shall Clerk liable. fail to comply with the provisions of this act, judgment shall be rendered against him for the costs of said scire facias suit, in case judgment be against the plaintiff therein. false endorse SEC. 4. Be it enacted, That if any clerk shall falsely and Penalty for fraudulently indorse the name of any person upon any ment. When to take effect. writ of scire facias by him issued, under the provisions of F. W. HULING, Passed October 30, 1833. Speaker of the Senate. Rate of ferriage. Rate of ferriage. CHAPTER XIX. An Act to regulate ferriages and toll at ferries kept on the Tennessee river north of the north boundary line of the State of Alabama. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the following shall be the rate of toll taken by each ferry keeper on the Tennessee river below the State line of Alabama, to wit: from the first day of June till the first day of December, for each wagon and four horses or oxen, or upwards, and driver, fifty cents; for each wagon and three horses and driver, thirty seven and a half cents; for each wagon and two horses and driver, twenty five cents; for each cart and two or three oxen, twenty five cents; for each dearborn wagon and two horses, thirty seven and a half cents; for each dearborn wagon and one horse, twenty five cents; for each man and horse, twelve and a half cents; for each led horse, or horse in a drove, five cents; for each head of cattle in a drove or by a moving family, three cents; for each head of hogs, sheep or goats, two cents; for cach footman, six cents. SEC. 2. Be it enacted, That from the first day of December, till the first day of June, each ferry keeper on the Tennessee river aforesaid, may take and receive double the amount of ferriage specified in this act; and if any ferry keeper shall violate this act, the person aggrieved may recover the sum of twenty five dollars, from every person so violating, on proof being made thereof before a justice in an action of debt, subject however to an appeal as in other cases. F. W. HULING, Speaker of the Senate. Passed November 5, 1833. CHAPTER XX. An Act to prevent the levy of executions on standing crops, or the sale of the same before they are matured. not to be levied SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the first day of Jan- Growing crops uary next, it shall not be lawful for any sheriff, coroner, or on before the constable to levy an execution on any crop growing or at- 15th Nov. tached to the freehold, before the 15th day of November next, after such crop is matured. Purchasers of SEC. 2. Be it enacted, That the purchaser of any standing crop levied on and sold after the 15th day of November, standing crops. as aforesaid, shall be vested with the same rights and interest in such crop, that the person or persons had, whose title such purchaser under execution, has bought, and no more or other: Provided, always, That nothing in this act contained, shall be construed to deprive landlords of any lien on such crops for rent, or of any means of securing or obtaining the same, to which by law they are now entitled. Attachment SEC. 3. Be it enacted, That nothing in this act contained, shall be construed to prevent the levy of an attachment or allowed. execution on a standing crop at any time: Provided, the owner thereof has absconded, and left the country: Provided, also, nothing in this act contained, shall be construed to repeal any law, or any part thereof, exempting certain articles of property from execution. F. W. HULING, Speaker of the House of Representatives. Passed October 28, 1833. Speaker of the Senate. CHAPTER XXI. An Act to change the time of holding the courts therein mentioned. Fentress and SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the circuit court for the county of Fentress, shall hereafter be held on the fourth Mondays of February and August, and the circuit court for the county counties. of Overton, on the first Mondays of March and September; and all process, recognizances and other proceedings, shall be returnable accordingly, and no proceeding, writ or recognizance shall abate, by reason of this act. SEC. 2. Be it enacted, That the term of the chancery Chancery court court at Franklin, which, by the law, is to commence upon at Franklin. the first Monday in November, 1833, shall be, and is here 1 by postponed to the first Monday of January next; and F. W. HULING, Passed November 2, 1833. Speaker of the Senate. paying certain fees. CHAPTER XXII. An Act for the benefit of revolutionary pensioners in this State. SECTION 1. Be it enacted by the General Assembly of the Exempted from State of Tennessee, That so much of an act passed December 6, 1831, page 15, as allows clerks of the different courts of this State, fifty cents for certifying and attaching the county seal to powers of attorney given by any of the revolutionary pensioners of this State, to any person or persons whatever, for the purpose of authorising said person or persons to draw or receive his or their pension at any time for the benefit of said pensioner, be and the same is hereby repealed. Duty of clerks. SEC. 2. Be it enacted, That it shall be the duty of the different clerks in this State, on application of any pensioner or his or her agent or attorney of his county, for a certificate and seal of the county on any power of attorney authorising said person to draw or receive said pension for the benefit of said pensioner, to certify the same without fee or reward, and on failure or refusal to do so, it shall be deemed and considered a misdemeanor in office, and punished accordingly: Provided, nevertheless, That this act shall not be so construed as to extend to any person except revolutionary pensioners. F. W. HULING, Speaker of the Senate. Passed November 8, 1833. CHAPTER XXIII. An Act for the benefit of sheriffs in this State. Be it enacted by the General Assembly of the State of Ten- Speaker of the House of Representatives. Passed October 18, 1833. Speaker of the Senate. CHAPTER XXIV. An Act in addition to an act incorporating the Franklin and Columbia Be it enacted by the General Assembly of the State of Tennessee, That the commissioners appointed by the act passed 18th November, 1831, to designate the route which said turnpike road shall run, be, and they are hereby directed to carry said road through the town of Spring Hill, in Maury county. F. W. HULING, Speaker of the House of Representatives. Passed October 22, 1833. Speaker of the Senate. CHAPTER XXV. An Act to authorise persons to have land set apart for the erection of mills. SECTION 1. Be it enacted by the General Assembly of the Authority State of Tennessee, That if any person or persons may wish granted." to build a mill on any of the waters in the counties of Hickman, Lawrence, Wayne, Hardin, and McNairy, or in any other county lying west of the Tennessee river, provided no nuisance may be created by said mill, on any of the vacant land in said counties, they are entitled to have located and laid down on the general plan of any of the surveyor's districts south and west of the congressional reservation line, and west of the Tennessee river, any quantity of acres not exceeding twenty-five, and shall be entitled to the same benefits as other occupants of said counties: Provided, the same does not interfere with any other resident occupant, and provided that the person or persons erect a mill in two years from the time the same is D |