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to any amount sufficient to complete said road, and John P. Long, Milo Smith and David J. Carr, are hereby appointed commissioners, who, or a majority of whom, shall examine said road, and if they find it completed and in order as required by this act, shall give the company a certificate to that effect, whereupon the company shall have the right to erect a toll-gate on any part of the road, and exact such rates of toll as the company may fix. Provided, They do not exceed the rates of toll prescribed for the McMinnville and Chattanooga turnpike company.

SEC. 4. Be it enacted, That if the road is not completed in one year from the passage of this act, this Time to complete charter shall be forfeited.

McMinnville and Woodbury

SEC. 5. Be it enacted, That a body politic and corporate is hereby constituted, by the name and style of the McMinnville and Woodbury turnpike company, with turnpike all the powers and privileges and rights granted to the pay Sycamore Mills turnpike company, and subject to all the restrictions of said company, and the charter of said company is hereby adopted as the charter of the McMinnville and Woodbury turnpike company, except as hereafter provided. The capital stock of said company shall be one thousand dollars, and may be increased to twenty thousand dollars, to be divided into shares of twenty-five dollars each.

SEC. 6. Be it enacted, That the following persons shall be commissioners to transact the business of the company until a president and directors are elected, by getting subscriptions of stock or by appointing an agent or agents to get stock, or in any way they may think best, to wit: G. H. Glascock, J. F. Mofford, Robert Biles, S. D. Rowan and William Morgan.

SEC. 7. Be it enacted, That said road shall run from McMinnville to intersect on the nearest and most practicable route the Murfreesborough and Woodbury turnpike road.

Commissioners.

Alabama railroad

SEC. 8. Be it further enacted, That Thomas D. Davenport, S. A. Carroll, David Riddle, Henry Riddle, Tennessee and Wm. Chaffin, Wm. T. Neil, Lee M. Bentley, H. L. Burkitt and Thomas Spencer, be and they are hereby appointed additional commissioners to the Tennessee and Alabama railroad.

JORDAN STOKES,

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

Passed, February 16, 1852.

Speaker of the Senate.

lacorporation.

laws, &o.

CHAPTER CLXXXVI.

AN ACT to incorporate the Memphis Female Seminary.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That William H. Carroll, Frazure Titus, Reuben L. Kay, E. W. M. King, Wm. O. Lofland, George Patterson, Wilie B. Miller, Sterling Fowlkes, Enoch Banks, James T. Leatte, Geraldus Buntyn, Jephtha Fowlkes and Frederick P. Stanton, be and they are hereby created a body corporate and politic in law and in fact, by the name of the Memphis Female Seminary, with perpetual succession, with all the rights, powers, privileges, immunities, limitations and restrictions to them and their successors in office, conferred and imposed upon the Dandridge Female Academy, and the trustees of the Tennessee Conference Female College, incorporated on the

January, 1850.

day of

SEC. 2. Be it enacted, That the said trustees shall fill Vacancies, by all vacancies occuring in said board by death, removal, resignation, or for failing, neglecting or refusing to attend the meetings of said board of Trustees, as shall be prescribed by the rules and by-laws adopted by the said trustees for the management and government of said institution by an affirmative vote of a majority of the surviving or remaining trustees.

SEC. 3. Be it enacted, That James Beckwith, sen., Fulton Academy, Daniel Smith, John F. Goodner, Frederick Jones and W. W. Wade, be and they are hereby constituted and appointed a body politic and corporate, by the name and style of the President and Trustees of Fulton Academy, in DeKalb county, and by that name may sue and be sued, plead and be impleaded, and shall have perpetual succession, and use a common seal, and shall have, hold and acquire all property, both real and personal, which may be necessary for the purposes of the Academy, and shall have, exercise and enjoy all such rights, powers and privileges, as are usually possessed and exercised by the trustees of other incorporated Academies, and may ask, demand, and sue for any monies to which said Academy may be entitled, under any law of this State for the benefit of Academies.

Quorum.

SEC. 4. Be it enacted, That any three of said trustees shall constitute a quorum for the transaction of business, and upon the death, resignation, removal or refusal to act, such vacancy may be filled by a quorum of the board.

SEC. 5. Be it enacted, That the trustees are authorized

to elect a president, and all other officers necessary for Officers.
the management of the institution, and may make such
by-laws as they may deem necessary, not inconsistent
with the laws of this State or the United States.

mies.

SEC. 6. Be it enacted, That all county academies entitled to and drawing a portion of the academy fund of County Acadethe State, shall receive female as well as male pupils, and teach them in the several branches as now taught in said institutions.

JORDAN STOKES,

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

Speaker of the Senate.

Passed, February 26, 1852.

CHAPTER CLXXXVII.

AN ACT to give the County Courts power to issue process in cases of Bastardy.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That when any person is charged with being the father of a bastard child, and is brought before a justice of a peace upon said charge, and gives his bond with security to appear before the county to answer said charge and he fails to appear before that court, in that case, the county court shall have the defendant called out upon his recognizance, and cause a scire facias to issue against the defendant, ordering him to appear at the next or any ensuing term of the county court, to show cause why judgment should not be rendered against him and his securities upon his bond. If the defendant fail or refuse to appear and show cause, then the court shall render judgment against the defendant and his securities for the full amount of the said bond, and issue execution forthwith for the collection of the same. When the money is collected, it shall be applied under the direction of the court to the maintainance of the child of which he is charged to be the father.

SEC. 2. When an issue is made up in the county court under the existing laws concerning bastardy, the court shall proceed to try the same, and either party shall have the right to appeal to the circuit court, where the cause shall be tried by a jury, as in other cases of issues of fact.

Issue may be tried.

SEC. 3. That in all cases in which the defendant Affidavit of de- shall make an affidavit that he is not the father of said evidence. 'child, as is required in the first section of the twenty

fendant to be

ninth chapter of an act passed in eighteen hundred and twenty-two, said affidavit, if it denies sexual intercourse with the mother of the child, within twelve months before the birth of such child, shall not only entitle the defendant to an issue to try the truth of said charge, but shall also be received as evidence on the trial of said cause.

SEC. 4. The county court shall have power to issue execution upon any order or judgment given for the maintainance of a bastard child, and the officer executing a scire facias shall be allowed the usual fee in similar cases.

JORDAN STOKES,

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

Passed, February 21, 1852.

Speaker of the Senate.

CHAPTER CLXXXVIII.

AN ACT to incorporate the Mutual Insurance Company of Chattanooga, and to incorporate the Mutnal Protection, Fire and Marine Insurance and Life and Trust Company of Trenton.

SECTION 1. Be it enacted by the General Assembly of Incorporation. the State of Tennessee, That there shall be established in the city of Chattanooga, an Insurance Company, which shall be a body politic and corporate, to be called the Mutual Insurance Company of Chattanooga, of which Benjamin Chandler, James A. Whiteside, Thomas McCollie, Robt. M. Hook, G. C. McMillan, Joseph S. Gillespie, John P. Long, John G. Didlake, John F. Brooke, Granville J. Carr, J. J. Griffin, Allen Kennedy, M. B. Parham, John S. Brvant, William S. Bell, John G. Glass, F. A. Parham, H. S. Abraham and F. B. Frazier, or any number of the above named persons, and such other persons as may be hereafter appointed with them, by having their property or lives insured, shall be members equally entitled to a full participation in all dividends.

SEC. 2. Be it enacted, That it shall be the duty of the Open Book. nineteen trustees named in the first section of this act, or the duty of any three of them, within four years after the passage of this act, to open a book to receive application for insurance to be approved by them, amounting to fifty thousand dollars, the books may then be closed, and the company may be organized. It shall also be the duty of the nineteen trustees, or the duty of any three of them, to appoint three inspectors of the first election.

SEC. 3. Be it enacted, That the said Mutual Insurance Company of Chattanooga, shall have all the powers Powers. and privileges, and be restricted to the same rules, regulations and restrictions, as are contained in an act passed 29th December, 1847, incorporating the Mutual Protection Insurance Company of Nashville, except when publications are required to be made, then said publications shall be made in one or more newspapers in Chattanooga, instead of in Nashville, and also the same powers, rights and privileges granted to the Knoxville Marine, Fire Insurance and Life and Trust Company, by an act passed 17th January, 1838, be and the same as far as applicable, are hereby conferred upon the said Mutual Insurance Company of Chattanooga.

SEC. 4. Be it enacted, That there shall be established at Trenton, an Insurance and Life and Trust Company, which shall be a body politic and corporate, to be called the Mutual Protection and Fire Insurance and Life and Trust Company of Trenton, of which John W. Elder, C. B. Caldwell, R. B. McGee, M. M. Houston, L. M. Caldwell, W. T. Wilkins, Robt. Seat, Jas. V. Fussell, J. V. Morton, W. S Scrape, J. A. Wilkins, C. L. McGee, Sam!. Williams, II. C. Levy and H. L. Elder, shall be the first trustees and directors, and such other persons, as may hereafter associate with them by having their property or lives insured, and shall be members equally entitled to a full participation in all dividends.

Trentea Insurance Company.

SEC 5. Be it enacted, That it shall be the duty of the Mutual Trustees mentioned in the first section of this act, Open Books. or the duty of any five of them, within two years from the passage of this act, to open a book and receive applications for insurance to be offered to them, amounting to fifty thousand dollars, the books may then be closed, and the company organized. It shall be the duty of said trustees, or any five of them, to appoint three inspectors of the first election.

SEC. 6. Be it enacted, That should said company

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