Messrs. Balch, Frey, Hardwicke, Marshall, Sevier and Wheeler-6. And so sala bili passed its third reading. Mr. Gillespy introduced A Bill concerning the property of testators in certain cases, which was read a first time, passed and referred to the committee on the judiciary. A Bill to incorporate the town of Hampshire in the county of Maury and for other purposes being read, Mr. Jones of Lincoln, moved to amend by striking out so much thereof as authorizes the corporation to hold real, personal and mixed property, which stion prevailed. M.. Smith thereupon asked and obtained leave to withdraw the same for amendment. ABill to incorporate the Vanville rail road company, from the House of Representatives, was read a first time and passed, and referred to the committee on internal improvement. A Bill to increase the tax on brokers, from the House of Representatives, was read a first time and passed, and ordered to be referred to the committee on the judiciary. The report of Mr. Warner as chairman of the committee on land claims, as reported on the 4th inst. in relation to a Bill for the relief of John H. Johnson, was taken up and read, and nonconcurred with. The said bill was thereupon read a second time and passed. Mr. Marshall introduced A Bill to provide for the collection and publication of the statutes of this State that have been passed since the year 1820, which was read a frt time and passed, and referred to the committee on the judiciary. A Bill to increase the capital stock of the Nolensville turnpike compoy being read, Mr. Jones of Lincoln moved to amend by providing tant nothing therein contained should be so construed as to authorize the Governor of the State to subscribe for additional stock in said company, which amendment was received. The said bill was thereupon read as amended a second time and passed. The Speaker appointed. Mr. Jones of Lincoln to be of the committee of conference, on the amen Iment proposed by the House of Representatives, to the bill to suspend so much of an act entitled, An act to establish a State Bank to raise a fund for internal improvement and to aid in a system of elucation, passed the 19th of Jan. 1838, as authorizes and requires the Coventor of the State to issue the bonds of the State. A Bill to alter the dividing line between the counties of Sevier and 2 Unit, A Dil to incorporate the citizens of Morgantown in the county of 12301 to around an act paced the 29th Nev. 1557, entitled, An act to e la discut cont passed Jan. 95, 1895, and for other purposes, ABA to wund the Ala incorporating the town of Memphis in by county, A Bill to authorize the clerk and master of the Chancery court at Sommerville to keep a deputy at Memphis, A Bill for the benefit of sherills, and to pay the guard necessary in carrying prisoners to jail, A Bill to protect honest debtors from oppression, A Bill to extend the benefits of the act of 1829, ch. 76. A Bill to regulate and alter the time of holding certain chancery and circuit courts and for other purposes. A Bill to amend an act granting Jesse Lincoln a turnpike read, A Bill to consolidate and to provide for but one instead of two separate classes of public schools in Lincoin county, A Bill to amend the law in relation to the appointment of deputy surveyors south and west of the congressional reservation line, A Bill to authorize Thomas Neal and Daniel McNabb to enter two quarter sections of land in the Ococe District, A Bill to amend an act entitled, An act declaring Ocoee river navigable and, A Bill to authorize the county court of Blount county to make an allowance to James Glass, former jailer of said county, were severally read a second time and passed. A Bill making indictable ali horse racing where the distance is less than one mile and for other purposes, was read a second time and rejected. Mr. Reneau asked and obtained leave to withdraw for amendment a Bill to increase the damages to be recovered in suits brought upon inland bills of exchange. A Bill to prevent frauds in entering and surveying lands previously appropriated, was read a second time, passed and referred to the committee on public lands. A Bill giving citizens residing in the fractional parts of Marshall county the privilege to file bills and answers in chancery in either the courts at Shelbyville, Fayetteville or Columbia being read, Mr. Langhlin offered an amendment thereto, providing that the citizens of De Kalb county may file bills, sue or be sued at their discretion, in the chancery courts at Carthage or McMinnville, which was accepted. The said bill was thereupon read as amended a second time and passed. A Bill to exempt certain persons from military duty. A Bill to amend an act passed at Nashville in the year 1838, in relation to the internal improvement fund of Davidson county. And A Bill for the benefit of Hiram Young, were severally read a second time and passed. On motion of Mr. Aiken the vote rejecting the bill giving to Johnson county the State tax for the years 1810 and 41, to enable the citi zens thereof to build a court house and jail, was reconsidered. The said bill was thereupon taken up and read a second time, and passed-ayes 12, noes 10. The ayes and noes being demandcu, those who voted in the airmative were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jennings, Laughlin, Reneau, Sevier, Smith, Terry, Turney and Speaker Coe-12. Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Jones of Lincoln, Love, Marshall, Walton, Warner and Wheeler-10. And then the Senate adjourned. TUESDAY MORNING, Dec. 10, 1839. Mr. Speaker Coe presented the petition of 155 citizens of Fayette county, remonstrating against a repeal of the tippling law of 1837, which was ordered to be transmitted to the House of Representatives. Mr. Frey, from the committee of ways and mean,s to whom was referred a bill to amend an act entitled an act to prescribe certain luties to be performed by the clerks of the several courts and for other purposes, passed 15th of February, 1836, reported that the committee have had the some under consideration, think their provisions reasonable, and had directed him to recommend its passage. Whereupon the bill was read a second time and passed: Mr. Yoakum submitted the following, to wit: Resolved, by the General Assembly of the State of Tennessee, That the Treasurer of this State refund to Robert S. Morris, Clerk of the county court of Rutherford county, the sun of fifteen dollars, the same having been by him wrongfully paid into the Treasury. And the rule being suspended, it was ordered, on motion of Mr. Yoakum, to be referred (together with a communication from Charles Ready and William Ledbetter, revenue commissioners for the county of Rutherford) to the committee on claims. Mr. Marshall, from the committee on the judiciary, to whom was referred a bill to authorize the extension of streets, lanes, alleys and margins in towns, in certain cases, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage. Whereupon the said bill was read a second time and passed. Mr. Marshall, from the same, to whom was referred a bill for the relief of William B. Young & Co. and for other purposes, reported that the committee have had the same under consideration, and had instructed him to report an amendment in lieu of the whole, and to recommend its passage. Whereupon the said bill was read a second time and passed. Mr. Marshall, from the same, to whom was referred a memorial from sundry citizens of the town of Lewisburg in Marshall county, reported that the memorialists claim for the bonefit of the town of Lewisburg the surplus of the proceeds of the sale of lots, after the erection of the public county buildings, and found the claim upon the right of the town to have the proceeds of the sales of property situate within its limits, or upon the fact that the citizens were induced to give higher prices for lots in the town, under the expectation that the surplus proceeds would be extended for the benefit of the town. It appears, however, that the act of the General Assembly which established the town of Lewisburg and the county of Marshall, provided expressly that the surplus claimed by the memorialists should be paid to the county for county purposes. All the purchasers of the lots may not have known that this direction was at the time of the purchase going by law to the surplus. Still when the propriety of the appropriation to a new county, and the advantages which it may be presumed the purchasers derived by the establishment of the county and the location of the town. are considered, it does not follow that the town should have the benefit of the surplus. By the act referred to, a right to the surplus was vested in the county, which has since been perfected by obtaining the possession-and it is probable that the county has either disposed of the same or part of it, or incurred responsibilities on the faith of it;--and it is possible that individuals may by contract be interested in the county's retaining it. For these reasons it would be inexpedient and improper to divest the county of the funds, at least without the consent of the justices who represent the interests of the county. This assent the parties were authorized to give by the act of 1837, but they have refused to give it. The committee are therefore of opinion that the prayer in the memorial ought not to be granted, and ask to be discharged from the further consideration thereof. The said report was concurred with. Mr. Turney, from the committee on new counties and county lines, to whom was referred a bill to establish the county of Van Buren, reported that the committee have had the same under consideration, and had instructed him to report an amendment thereto in lieu of the whole from the enacting clause. The said report was concurred with, the bill read as amended a second time and passed. Mr. Jones of Lincoln introduced A Bill to amend the militia laws of this State, and Mr. Hardwicke introduced A Bill for the relief of the citizens of Benton county, which were severally read a first time and passed. A Bill for the relief of James Spencer, a citizen of Meigs county, in the Ocoee district, was read a third time and passed-ayes 19, noes 1. The ayes and noes being required by the Constitution, those who voted in the affirmative were Messrs. Anderson, Ashe, Brown, Frey, Gillespy, Hardwicke, Jennings, Jones of Hickman, Love, Marshall, Reneau, Sevier, Smith, Terry, Turney, Walton, Warner, Yoakum and Speaker Coe--19. Mr. Balch voting in the negative-1. And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives. A Bill for the relief of John II. Johnson was read a third time and passed-ayes 19, noes 3. The ayes and noes being demanded by the Constitution, those who voted in the affirmative were Messrs. Anderson, Ashe, Balch, Brown, Frey, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Love, Marshall, Reneau, Sevier, Smith, Terry, Turney, Walton, Wheeler, Yoakum and Speaker Coe-19. The negative voters were Messrs. Balch, Jones of Hickman and Warner-3. And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives. A message from the House of Representatives by Mr. Crockett their Clerk. Mr. Speaker: The Speaker of the House of Representatives did this day sign an enrolled act to provide for the payment of twenty-five dollars to Holman and Hollingsworth, for services rendered the State. An act to incorporate the inhabitants of Ashport, in Lauderdale county, An act giving further time to former Sheriffs to collect arrearages of taxes, An act to exempt persons disabled by sickness or other causes from working on public roads, and An enrolled resolution directory to the Register of the Western District, were severally signed by the Speaker of the Senate and ordered to be transmitted to the office of the Secretary of State. Mr. Brown returned, with several amendments thereto, which were adopted, a bill to incorporate a turnpike road from Perryville to Lexington. The said bill was read a third time as amended and passed. A bill to explain and extend the provisions of the act of 1794, ch. 1, sec. 32, concerning witnesses. The caption thereof being amended, on motion of Mr. Laughlin, was read a third time and passed-ayes. 17, noes 5. The ayes and noes being required, the affirmative voters were, Messrs. Aiken, Ashe, Brown, Frey, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Reneau, Sevier, Turney, Walton, Wheeler and Speaker Coe--17. The negative voters were Messrs. Anderson, Balch, Terry, Warner and Yoakum-5. And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives. The Senate proceeded to the consideration of the bill to repeal all laws authorizing the Governor to subscribe for stock on behalf of the State in any Internal Improvement company, and for other purposes. Mr. Wheeler moved to strike therefrom the 6th section thereof. Mr. Gillespy offered an amendment in lieu of the whole from the enacting clause. The Speaker decided Mr. Wheeler's motion to be first in order. And thereupon the question was had and determined in the affirmative-ayes 13,noes 10. The ayes and noes being demanded the affirmative voters were Messrs. Aiken, Ashe, Balch, Prown, Frey, Jennings, Reneau, Sevier, Smith, Terry, Turney, Walton and Wheeler-13. The negative voters were |