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in the hands of the treasurer, trustees or any other person, belonging to or applicable to the use of said Bolivar Academy, whether the same may consist of money, notes on hand, or other available means, together with the unappropriated balance of the annual appropriation made to said academy out of the academy funds of the State, as the same may become due by law; Provided, however, that the trustees of Bolivar Academy shall have power to appropriate the sum of five hundred dollars out of the funds by this section appropriated to Hiwassee College, in addition to the sum heretofore appropriated to the use of the female department of Bolivar Academy; and provided, moreover, that at the expiration of said corporation, or the forfeiture of its charter, the money, funds, or other means, including the annual appropriation vested in said college, as by this act provided, shall revert to, and be paid back to the said Bolivar Academy, if the same shall be in existence, and if not, then to the trustees of Monroe county, for the use and benefit of an academy to be established in said county.

SEC. 2. And be it further enacted, That in consideraGratuitous tuition tion of the funds by this act appropriated, to the use and benefit of Hiwassee College, the county court of Monroe shall have the privilege of annually selecting five boys who shall be residents of said county, who shall have all the rights and privilegs, and benefits of said college free of charge of tuition and other fees; Provided, however, That said privilege shall not extend beyond five for any one year.

SEC. 3. And be it further enacted, That the trustees Bolivar Academy of Bolivar Academy shall have the power to sell the building, land, and appurtenances, of what constitutes said Academy, and apply the proceeds thereof to the use and purposes of the female department of said academy; or they shall have the right at their discretion of applying the building, land and appurtenances aforesaid, as a school house, for the use of the common school of the town of Madisonville; Provided, however, That a majority of the board of trustees of said academy shall consent thereto at a meeting of the board, and shall enter such consent upon the minutes of the board, together with the names of those voting for and against it.

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SEC. 4. And be it further enacted, That the trustees Female Depart- of the female department of Bolivar Academy, shall have the power of changing the name of said academy to that of the Madisonville Female Academy, and that under that name shall have all the rights and privileges

given to, and exercised under the name of the female department of Bolivar Academy.

SEC. 5. And be it further enacted, That this act shall commence and be in force from and after the passing thereof.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed January 23, 1850.

Speaker of the Senate.

CHAPTER CV.

An Act to secure the payment of certain legal fees of public officers of this State.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when any slave, a fugitive from justice in any other State, or any runaway; be demanded by the executive authority of such State, from the executive authority of this State, all legal fees of officers of this State accruing from the arrest and confinement of such fugitive or runaway, shall first be paid by the party or parties claiming such fugitive or runaway.

SEC. 2. That in all cases in which such fugitives or runaways have been heretofore demanded by any State and delivered by the executive of this State, as above described, without the payment of such legal fees of the public officers of this State growing out of the arrest and confinement of such fugitives or runaways, said fees shall be paid out of the treasury of this State, and upon satisfactory proof being made to the Governor of this State, that such fees are due and unpaid, he may direct the Comptroller to issue his warrant therefor.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed February 6, 1850.

Speaker of the Senate.

CHAPTER CVI.

An Act to protect the rights of married women.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter when any suit may have been commenced by the issuance of process, or be pending in any of the courts of this State, in the name of husband and wife, for slander of the wife, or for any other cause where it is necessary to sue in the name of husband and wife, when the action survives to the wife, the husband shall not have power to dismiss said suit, either in or out of term time, without the consent of the wife given in open court if in term time, or if out of term time, by the written order of the wife, witnessed by two witnesses, with both of whom the clerk of the court shall be personally acquainted.

SEC. 2. That if any such order as that mentioned in the first section, shall be presented to any clerk in this State, the suit shall not be dismissed until so ordered by the court in term time.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed February 2, 1850.

Speaker of the Senate.

CHAPTER CVII.

An Act to amend the Act of 1842, ch. 191.

Be it enacted by the General Assembly of the State of Tennessee, The Act of 1842, ch. 191, be so amended that hereafter no slave shall be emancipated in this State, except upon the terms and conditions imposed by the Act of 1831, ch, 102.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Speaker of the Senate.

Passed December 31, 1849.

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CHAPTER CVIII.

An Act to amend an Act entitled an Act to amend the law for the collection of the revenue of the State, passed 15t. January, 1844.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter all revenue collectors that may have been elected or may hereafter be elected by any of the county courts of this State, as provided for by the first section of said act, shall have the power and are hereby authorized to appoint one or two deputy or deputies, and such deputy or deputies, shall have the same powers and authority for collecting the State and county revenue as revenue collectors now are allowed by law; Provided, Said collector shall be liable for the acts of his deputies.

SEC. 2. That all revenue collectors elected under the provisions of the above recited act, shall have two years from and after the expiration of the time for which they may have been elected, to collect all arrearages of taxes that may be due and owing for the time for which they were collectors.

SEC. 3. That revenue collectors may take bonds of their deputies in the same manner and have the same remedy that sheriff's now have on bonds taken from their deputies.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed February 9, 1850.

Speaker of the Senate.

CHAPTER CIX.

An Act to protect married women.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That if any person shall commit an assault and battery upon his wife, for any cause whatever, it shall be a misdemeanor and punishable, as other misdemeanors; and if said assault and battery was committed since the session of the preceding term of the circuit court, it shall be the duty of the grand jury, if within their knowledge or the knowledge of either of them, to make presentment as in other cases. SEC. 2. That if any one will mark his name, as pro

secutor, upon sufficient evidence before the grand jury,
a bill of indictment shall be preferred against any one
guilty of said offence.

SEC. 3. That the judges of the circuit courts are re-
quired to give this act in charge to the grand jury.
LANDON C. HAYNES,
Speaker of the House of Representatives.
JOHN F. HENRY,

Passed February 9, 1850.

Speaker of the Senate.

CHAPTER CX.

An Act to alter and change the line between the counties of Overton and Fentress.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the county line between the counties of Overton and Fentress be so altered as Gila and Lincoln to include the farms and residences of James S. Winningham, Absalom Garrett, Abram Pagget and Samuel Ridgan, in Overton county,

SEC. 2. Be it further enacted, That the line between the counties of Giles and Lincoln, be so altered as to include the residence of Tho. Collins within the (limits of Giles) county, in the following manner, commencing at the eight mile post from the Buckeye corner of Giles, Bedford, and Lincoln counties, and running east about six hundred yards to the top of a ridge between John D. Jones, of Giles, and Benjamin F. White, of Lincoln county; thence with said ridge due north to the Marshall county line.

SEC. 3. Be it enacted, That the county surveyors or the deputies of either the counties of Lincoln or Giles, be authorized to run and mark the line as provided for in this act.

LANDON C. HAYNES,

Speaker of the House of Representatives.
JOHN F. HENRY,

Passed February 6, 1850.

Speaker of the Senate.

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