and exercise said powers according to existing laws and the requirement of said charter, and that all their acts done under, and by virtue of said charter and laws, be and hereby declared in full force and validity, so far as the same can be done by this legislature, as if they had been done under and by virtue of a charter granted by the General Assembly of the State of Tennessee.

JORDAN STOKES,
Speaker of the House of Representatives.
M. R. HILL,
Speaker of the Senate.

Passed, November 18th, 1851.

CHAPTER VIII.

AN ACT ro amend the act of 1804, chap. 9, sec. 2, to raise the fees of Witnesses before Justices of the Peace.

Be it enacted by the General Assembly of the State of Tennessee, That each witness attending before a Justice of the Peace, shall for every day he or she shall attend, receive as compensation, the sum of fifty cents, when the witness lives over five miles, to be taxed with bill of costs and paid by the party costs.

JORDAN STOKES, Speaker of the House of Representatives. M. R. HILL,

Speaker of the Senate.

Passed, November 21st, 1851.

CHAPTER IX.

AN ACT to repeal an act of the General Assembly, entitled an act to authorize the laying out of a public road from the town of Athens in McMinn county, to Telico Plains in Monroe county.

Be it enacted by the General Assembly of the State of Tennessee, That an act of the General Assembly, passed February, 1850, entitled "an act to authorize the laying out of a public road from the town of

Athens in the county of McMinn, to Telico Plains in the county of Monroe, except the 4th and 5th sections of said act, be and the same is hereby repealed.

JORDAN STOKES,

Speaker of the House of Representatives.
M. R. HILL,

Speaker of the Senate.

Passed, November 18th, 1851.

CHAPTER X.

AN ACT giving to Householders power to lay off Dowers, Roads, &c.

Be it enacted by the General Assembly of the State of Tennessee, That Householders shall hereafter be competent persons to lay off and set apart Dowers, view and mark out public roads, and appraise estray property.

JORDAN STOKES. Speaker of the House of Representatives. M. R. HILL,

Speaker of the Senate.

Passed, November 18, 1851.

CHAPTER XI.

AN ACT to amend an act, passed February 4th, 1848, entitled an act, authorizing Carrick W. Nelson, of the county of Carter, to build a turnpike road, and for other purposes.

Whereas, Ansil Carden, of the county of Carter, has purchased of Carrick W. Nelson, the privilege of building a turnpike road, which privilege was granted to said Nelson by an act passed February 4th, 1848, entitled, an act authorizing Carrick W. Nelson, of the county of Carter, to build a turnpike road, and for other purposes. Therefore,

SECTION. 1.-Be it enacted by the General Assembly of the State of Tennessee, That the said Ansil Carden, shall stand in the same relation, have the same privileges, be subject to the same pains and penalties, rules and regulations, as if the said act of incorporation

had been granted to the said Carden, in his own proper name.

SEC. 2. Be it further enacted, That the said Ansil Carden, shall have the further time of two years beyond the time originally granted to complete said road. SEC. 3. Be it further enacted, That said Ansil Carden, shall have the privilege of setting up two gates on said road when completed. Provided, he shall not be allowed to receive toll at but one gate for each transit over said road.

SEC. 4. Be it further enacted, That said road when completed shall be known by the name and style of Ansil Carden's turnpike road.

JORDAN STOKES,

Speaker of the House of Representatives.
M. R. HILL,

Speaker of the Senate.

Passed, November 25th, 1851.

Trustees,

CHAPTER XII.

AN ACT to incorporate the Montgomery Masonic College.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall hereafter be established at the city of Clarksville, and State of Tennessee, an institution of learning, to be known and styled the Montgomery Masonic College.

SEC. 2. Be it further enacted, That the following named persons to wit: Cave Johnson, J. T. Hendrick, Jno. S. Hart, G. A. Henry, C. L. Wilcox, Wm. M. Stewart, T. Anderson, J. Cobb, W. A. Quarles, E. Howard, J. O. Shackleford, S. A. Sawyer, T. F. Pettus and J. H. Marable, are hereby appointed Trustees for said College, and full power is given them to do all things necessary for the welfare and prosperity of said College, under the restrictions hereinafter mentioned, until their successors in office are appointed as is hereinafter specified.

SEC. 3. Be it further enacted, That the said College Powers of Board. shall be under the government and control of the aforesaid Board of Trustees and their successors in office, to be appointed by the Masonic bodies of the county of Montgomery, which said board shall be elected for a term of office at a time, and in the proportion that

the different Lodges and Masonic bodies of the said. county may agree upon among themselves; and in case of a vacancy by death, resignation or otherwise, the same shall be filled by the appointment of the President of the board, and shall hold his office until his place is filled by the election of the Lodge or Masonic body having the right so to do, under the apportionment made as above provided, and said Trustees elected as aforesaid, shall have full power to elect professors and teachers for said College, and they shall elect one of said professors President of the College, and said professor so elected, shall be ex officio, President of the Board of Trustees, and shall hold his office until a successor is appointed. Said Board shall have full power to enact such ordinances and by-laws as they may deem best and proper for the efficient regulation and government of said College, and do whatever else they may think promotive of the prosperity and usefulness of said College, not incompatible with the constitution and laws of the United States and the State of Tennessee.

SEC. 4. Be it further enacted, That any five of said Quorum. Trustees shall constitute a quorum for the transaction of business.

SEC. 5. Be it further enacted, That the said Board of Trustees and their successors in office elected, as Incorporation. above specified, shall be, and they are hereby declared and established to be one body politic and corporate, with perpetual succession, by the name and style of the Montgomery Masonic College, by which name and title they, the said Trustees and their successors, shall be capable in law and in equity, to take to themselves and their successors for the use of said College, any estate in lands, tenements, hereditaments, goods, chattels, monies, or other effects by gift, grant, bargain, sale, will, devise or bequest of any person or persons, or bodies politic and corporate, and the same lands, tenements, hereditaments, goods, chattels, monies or other effects to grant, bargain, sell, convey, demise and place out on interest, or otherwise dispose of for the use of said College, in such manner as to them may seem most beneficial, and by the same name to sue or to be sued, plead or be impleaded, in any court. of law or equity in all manner of suits or actions whatever, and generally by and in the same name to do and transact all and every the business touching and concerning the premises as fully and effectually as any natural person or body corporate within this State have power to manage their own concerns.

grees.

SEC. 6. Be it further enacted, That no misnomer of the said corporation, shall defeat any gift, grant or bequest to, or from said corporation; nor shall any misuser or non-user of the rights, liberties or privileges hereby granted to the said corporation create or cause a forfeiture thereof.

SEC. 7. Be it further enacted, That the said Board of May confer de Trustees, by the recommendation of the Professors of said institution, shall grant to such students as may be deemed worthy of the same, the marks of distinction. usually conferred by other Colleges, that is to say the usual Academic degrees, to wit: That of proficient in certain special departments, that of Graduate in a school, that of Bachelor of Arts, and that of Master of Arts, and full power is here given and granted said Trustees to make such needful rules and regulations in the conferring said honors and degress, as they may think most advisable and most to the interest of said Masonic College. Provided, Nevertheless, that in no case, the said Board have the power in the exercise of such discretion, to confer Honorary degrees upon any person whatever.

SEC. 8. Be it further enacted, That the certificates By whom signed. and diplomas granted by said Trustees, shall be signed by the president, by the professor or professors, (as the case may require,) and by the secretary of the Board of Trustees, and when so signed and sealed, as hereinafter provided, shall have all the authority and rights, influence and respectability, which is secured by law, to the certificates and diplomas of any other institution of learning in the State.

SEC. 9. Be it further enacted, That the said Trustees Common Seal. shall cause to be made for their use, one common seal, with such devices and inscriptions thereon as they shall think proper, under and by which all deeds, diplomas, certificates, and acts of the said corporation shall pass and be authenticated, and the same seal at their pleasure to break and devise a new one.

JORDAN STOKES, Speaker of the House of Representatives. M. R. HILL,

Speaker of the Senate.

Passed, November 11th, 1851.