CHAPTER LXXIX. An Act to continue the construction of the State Capitol. SECTION 1. Be it enacted by the General Assembly of the ries. State of Tennessee, That the Superintendent of the Pen- 30 convicts to itentiary, out of the number of convicts placed under work at quarthe control of the Commissioners of the State-House, by the act of 1846, ch. 49, shall detail thirty convicts, with necessary guards, to work at the quarries, and at the building under the orders of the Architect. SEC. 2. The sum of fifty thousand dollars a year is $50,000 approhereby appropriated, to employ seventy stone cutters, priated. two setters, and eight laborers, and to pay the salary of the architect, and contingent expenses. SEC. 3. To raise this money, the Governor shall, from State Bonda time to time, when required by said Commissioners, to be issued. execute State bonds under the great seal, signed by himself, and countersigned by the Secretary of State, payable to the President of said Commissioners or his assigns, ten years after date, bearing interest at six per cent. per annum, payable half yearly, of the denominations of two hundred and fifty dollars, and deliver the same to said Commissioners, to be sold by them for cash at par. on bonds. SEC. 4. The surplus revenue of the Penitentiary, or Penitentiary so much of it as may be necessary, is hereby appropri- to pay interest ated to pay the interest and principal of said bonds. And the Superintendent thereof shall pay a sufficient amount of said surplus into the Treasury for said purpose, to be drawn from thence by the Treasurer for said purpose, on the Comptroller's warrants, issued in favor of the holder of said bonds. SEC. 5. Guardians and other trustees, not especially Trustees may directed by the instruments under which they act, as to invest in bonds. a mode of investing the funds under their control, may invest the same in these bonds, which shall be credited to them in their settlement as cash. SEC. 6. The Chancery, Circuit and Supreme Courts Courts may inmay cause funds under their control to be invested in vest in bonds. these or other bonds of this State. F. BUCHANAN, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 24, 1848. CHAPTER LXXX. An Act to amend an act passed, 16th December, 1837, entitled "an act to incorporate the Oak Grove Academy, in the Town of Cleveland, in the county of Bradley. SECTION 1. Be it enacted by the General Assembly of the Female depart. State of Tennessee, That the Board of Trustees of Oak ment establish- Grove Academy, may establish a Female department ed. in said Academy for the special education of girls, and may locate said Female department in the town of Cleveland, or at any other place not more than one mile distant from said town. SEC. 2. Be it enacted, That the said board of TrusFund divided. tees shall appropriate one half of said fund to the use of said female department of said Academy. SEC. 3. Be it enacted, That there shall be a division. of the fund now on hand not otherwise appropriated. SEC. 4. Be it enacted, That said Trustees shall have Power to ac- power to acquire by purchase, donation or bequest any quire property real or personal property, and hold the same for the special use of the said female department. Trustees. SEC. 5. Be it enacted, That in addition to the present Additional board of Trustees, the following persons be appointed, viz: P. J. R. Edwards, William H. Tibbs, J. W. Inman, Isaac Low, J. D. Traner, G. W. Parker, John H. Payne and Saml. A. Smith, and shall have the same powers with the former Trustees. rence & Wayne changed. SEC. 6. Be it enacted, That the county line beCounty line tween the counties of Wayne and Lawrence be so between Law- changed as to include the lands of William Hollis in the county of Lawrence, and that from and after the passage of this act, the line between said counties be so changed as to commence where the north boundary line of the lands of William Hollis crosses the county line, thence west with the north boundary of said lands, to the north-west corner thereof, thence south with the west boundary thereof, to said Hollis' south-west corner, thence east to the original county line, and that the citizens thereof be added to, and constitute citizens of said county of Lawrence. SEC. 7. Be it enacted, That this act shall be in force from and after the date of its passage. F. BUCHANAN, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 19, 1848. CHAPTER LXXXI. An Act to authorize the Sheriff of Washington county to appoint an additional deputy in the Greasy Cove. Be it enacted by the General Assembly of the State of Tennessee, That the Sheriff of Washington county, is hereby authorized to appoint an additional deputy in the Greasy Cove. F. BUCHANAN, Speaker of the House of Representatives. Passed, January 25, 1848. Speaker of the Senate. CHAPTER LXXXII. Probate of instruments An Act to provide for the probate and acknowledgment of wills and deeds made by persons in the service of the United States in a foreign country. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That deeds and other instruments of writing, which require registration, executed in how made. foreign countries, by any officer or soldier in the regular army, or in the volunteer corps, or any other person in the service of the United States, may be acknowledged by the grantor, or proved by two subscribing witnesses, before the Colonel, Lieutenant Colonel, Major or commanding officer of the regiment, to which such officer or soldier may belong, and such certificate shall be given under the hand of said Colonel, Lieutenant Colonel, Major or commanding officer, that he is acquainted with the witnesses, and that they saw the grantor sign, seal and execute the deed in their presence, or in case of acknowledgment, that he is acquainted with the grantor or maker of the deed or other instrument, and that the same was duly acknowledged. Such officer of the regiment shall have the same power, in taking the probate and acknowledgment of deeds and other instruments, as a commissioner appointed under the act of 1889, ch. 26, sec. 3, entitled "an act to provide for the probate and registration of deeds and other instruments executed beyond the limits of the United States, and for other purposes," and the deeds and instruments so proved or acknowledged, may be registered in the proper counties in this State. SEC. 2. The Colonel, Lieutenant Colonel, Major or Commanding commanding officer of the regiment, shall have authoriOfficer may certy to certify to the county court of any county where sify. any soldier, officer or other person in the service of the United States was domiciled, the probate of the subscribing witnesses to any last will, or the acknowledgment of the testator of the execution of the will before such commissioner, which probate or acknowledgment shall be sufficient to authorize the said will to be proved after the death of the testator, before the county court. Provided, The heirs of next of kin of the testator shall have the right to contest the validity of said will according to the laws now in force and use in this State, the said probate or acknowledgment being prima facie evidence in such contest of the validity of the will. F. BUCHANAN, Speaker of the House of Representatives. Speaker of the Senate. Passed, January 19, 1848. CHAPTER LXXXIII. An Act to authorize William Hickson of the county of Bledsoe, to open s SECTION 1. Be it enacted by the General Assembly of the Incorporation. State of Tennessee, That William Hickson of the county of Bledsoe, is hereby constituted a body politic and corporate, for the purpose herein after specified; he is hereby authorized to open and cut out a turnpike road, beginning at Edley Harrison's road, near Hedgecock's, Route of road, running with the old Madison road, or as near so as practicable, so as to have the same placed on the best ground for a road; to cross Savage's road at or near the Čagle old place; thence the best and most practicable route, so as to intersect the road in Sequatchee Valley, on the east side of the Cumberland Mountain, at or near Jonathan Pope's. road. SEC. 2. Be it enacted, That said Hickson is and shall Description of be required to make and construct said road, in the same manner in which Hill's turnpike road across the Cumberland Mountain is required by law to be made; and when the same is completed, said Hickson shall have the right to erect a gate on the same, on the top of Cum berland Mountain, and receive the same toll as allowed by law to be charged on Hill's turnpike. ties. SEC. 3. Be it enacted, That Thomas A. Pope and CommissionRobert Owens, be and they are hereby appointed Com-ers-their dumissioners on said road, who shall be governed, in all things, in receiving said road and licensing said proprietor to keep a gate, that the commissioners are on said Hill's road, and said road shall in all things be governed by the provisions of said Hill's charter. Hale's turn to Jno. Mitohell SEC. 4. Be it enacted, That the charter to Hale's turnpike road leading from Pikeville, Bledsoe county, Ten- pike extended nessee, up and across Cumberland Mountain in the direction of Sparta, Tennessee, and down the Mountain on Cain creek, near Abijah Crane's, be and the same is hereby extended to John Mitchell, his heirs and assigns, for the term of thirty years from the passage of this act, upon the same terms and conditions in all respects as the present charter. SEC. 5. Be it enacted, That W. B. Cummings of the Commissioners County of Van Buren, and Peter Hoodenpyle of the County of Bledsoe, are hereby appointed commissioners on said road for the same purposes, entitled to the same emoluments, and subject to the same restrictions of commissioners heretofore appointed on said road, and all laws heretofore appointing commissioners on said road are hereby repealed. SEC. 6. Be it enacted, That the acts passed in 1829 Big Hatchee and 1831, chapter 280 and 215, chartering the Big bridge compaturnpike and Hatchee turnpike and bridge company, be so amended ny amended. as to allow said company, to have and keep a good ferry, in lieu of a bridge as provided for by said acts, with all the rights and privileges heretofore granted. ed. Directors De reduced to six, three on the part of the State and numbers reduohree on the part of the Stockholders, to be appointed as neretofore with the same power and privileges. SEC. 8. Be it enacted, That said company shall have May erect he exclusive right and privilege of erecting cotton sheds cotton sheds. and store houses to protect cotton and other property rom damage or high water at the river ferry, on the side of said turnpike. SEC. 9. Be it enacted, That from and after the pasage of this act, said company shall be known and styled s the Big Hatchee Turnpike Company. Telegraph. SEC. 10. Be it enacted, That the lawful owners of any Right of way to ystem of Telegraphing, shall have and enjoy in the man- proprietors of er hereinafter provided, the same right of way in this State, as is granted to the proprietors of Morse's Electro Magnetic Telegraph by the act to incorporate the New |