Process to be served on siding officer. SEC. 2. Be it enacted, That whenever any person may pre wish to institute suit under the provisions of the first section of this act, service of process upon the presiding officer of the County Court of the county against which the party may desire to institute suit, will be sufficient service to bring the parties before the court, provided ten days' notice be given; and it shall be the duty of the said presiding officer, and his successors in office, to defend said suit on behalf of the county, and to plead, answer, or demur, according to the course of practice in the court in which said suit may be brought. SEC. 3. Be it further enacted, That in all cases where suits have been finally determined in favor of any person or persons, against any county, it shall be the duty of the Warrant to issue. presiding officer of the county against which the judgment or decree has been rendered, on the judgment creditor, in such case, filing with him a certified copy of the record in said cause, showing the amount of said recovery, to issue his warrant for the same, payable out of any county moneys not otherwise appropriated. SEC. 4. Be it further enacted, That in all cases where any judgment or decree shall have been recovered against any county, by virtue of the authority of this act, and the presiding officer of the county shall have issued his warrant to the Trustee of said county, according to the provision of the third section of this act, and it shall appear from the certificate of said Trustee that there are not moneys in the county Treasury, or to come into said TreasCounty Court to ury during the fiscal year, by virtue of the tax already, levy tax to pay previous thereto, levied, sufficient, over, and above ap judgment. Mandamus may issue. propriations previously made, to pay said judgment or decree, then it shall be the duty of the County Court of said county to levy a tax at the next regular assessment of taxes, after the certificate of the Trustee aforesaid shall have been presented to them, to meet the payment of such judgment or decree; and the taxes when so levied and collected shall be immediately applied to the payment of such judgment or decree. SEC. 5. Be it further enacted, That any County Court failing to comply with the fourth section of this act, upon the application of the party or parties in whose favor such judgment or decree is made, his, her, or their legally constituted agent, attorney, or assignee, a writ of mandamus may issue from either of the courts of law or equity, ordering and compelling the assessment of a tax sufficient to discharge the amount of such judgment or decree, which order shall be served on a majority of the justices of said county. Counsel to be em SEC. 6. Be it further enacted, That the presiding offi cer of the County Court, against whom suit shall be in- ployed. stituted, shall be authorized to employ counsel to defend any suit that may be instituted under this act, who shall be entitled to a reasonable fee, to be allowed by the court trying the cause, and taxed in the bill of costs; and the court shall have the same power to issue executions for costs under this act as in other cases. SEC. 7. Be it further enacted, That either party to a Appeal. suit instituted under this act, as well the county as individuals, shall have his, her, or their appeal or writ of error to the Supreme Court, as in other causes. Old contracts not SEC. 8. Be it further enacted, That nothing in this act contained shall be so construed as to impair or abridge impaired. the rights of any person or persons, on any contract or contracts, made or entered into previous to the passage of this act. SEC. 9. Be it further enacted, That this act shall take effect from and after the date of its passage; and all laws inconsistent with the provisions of this act are hereby repealed. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed December 19, 1857. Speaker of the Senate. CHAPTER 16. AN ACT to re-establish the Tippling Law. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the act of 1856, chapter 107, passed 1st of February, entitled, "An act to repeal the Tippling Law," be and the same is hereby repealed. Provided, That nothing in this act shall be so construed, as to prevent the prosecution and conviction of all offences, for a violation of any law of this State, in regard to the sale of liquors, which have been committed prior to the passage of this act. Act of SEC. 2. Be it enacted by the authority aforesaid, That the act of 1845-6, entitled, "An act to tax and regulate revived. 1845-6 Tippling and Tippling-houses, and to increase the Revenue," be and the same is hereby revived and declared to be in full force and effect, in all of its provisions. SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed December 21, 1857. Speaker of the Senate. CHAPTER 17. AN ACT on Public Printing. Be it enacted by the General Assembly of the State of Tennessee, That hereafter the general local and private laws shall be published in one and the same book, after the following manner, viz: The Public and general laws in the first part of said book, the private and local laws in the latter part of the same. DANIEL S. DONELSON, Speaker of the House of RepresentativesJOHN C. BURCHI, Passed January 6, 1858. Speaker of the Senate. CHAPTER 18. AN ACT to punish burning by slaves. Be it enact d by the General Assembly of the State of Tennessee, That no slave shall willfully or maliciously set fire to, burn, or attempt to burn, any barn, stable, crib, outhouse, gin-house, manufacturing establishment, bridge, steamboat or lighter, whereby the life or limb of any person shall be endangered or destroyed, or with intent to endanger or destroy human life or limb. The punishment of Death penalty. this offence shall be death by hanging, or such milder punishment, as the jury in their discretion may affix. No slave shall maliciously or willfully set fire to, burn, or attempt to burn, any such property as described in the fore going section, or any such property as is designated in the act of 1829, chapter 23, sections 11, 12. Such offence shall be punished in such manner, not extending to life or limb, as the jury in their discretion may affix. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed January 7, 1858. Speaker of the Senate. CHAPTER 19. AN ACT to amend the 1st section of an act passed February 5, 1850 Be it enacted by the General Assembly of the State of Tennessee, That the remedies provided by the act of 1801, chapter 15, and 1809, chapter 69, and the acts amendatory thereto, in favor of sureties against principals, and against each other, shall extend to all cases when the suretyship is upon any acknowledgment or confession of judgment in any court. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed January 7, 1858. Speaker of the Senate. CHAPTER 20. AN ACT to amend an Act passed January 22, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the act passed January 22, 1852, chapter 117, be so amended that the railroad tax collectors be required to keep duplicates of all receipts issued by them, in such form as the railroad company may furnish, which duplicates shall be handed over to the president of the railroad company; and that the collectors shall make monthly settlements with the proper officer of the company, and pay over to him all moneys so collected. SEC. 2. Be it further enacted, That the fifteenth section of the above recited act, be so amended that the county court be required to take up and cancel, or deliver over to the railroad company, an amount of the receipts of the collector equal to the amount of the fees allowed him for collecting the tax. DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Passed January 9, 1858. Speaker of the Senate. when to be hold en. CHAPTER 21. AN ACT to regulate the times of holding the circuit courts in Obion and other counties. SECTION 1. Be it enacted by the General Assembly of Circuit Courts, the State of Tennessee, That, hereafter, the times of holding the circuit courts in the county of Lauderdale, shall be on the second Mondays in January, May, and September; in Dyer county, the first Mondays in February, June, and October; west of the lake in Obion county, on the third Monday in February, second Monday in June, and third Monday in October; at Troy, the fourth Mondays in February, June, and October; in Gibson county, the third Monday in March, fourth Monday in July, and third Monday in November; in the county of Carroll, on the first Monday in January, and fourth Mondays of April and August; for the county of Benton, on the second Mondays of January, May, and September; for the county of Humphreys, on the third Mondays of January, May, and September; for the county of Henry, on the fourth Mondays of January, May, and September; and for the county of Weakley, on the third Mondays of February, June, and October, in each and every year: Provided, That the next term of the circuit court for Weakley, shall commence and be holden on the second Monday of February, as heretofore; but afterwards at the times above designated. SEC. 2. Be it further enacted, That all laws to the contrary are hereby repealed. SEC. 3. Be it further enacted, That the Judges of the ninth and tenth judicial circuits shall hold the Courts in |