and include the condemnation and taking of the property, privileges, rights, or easements of private corporations for public purposes or internal improvements; Provided, however, That no telegraph or telephone company, or other such company, shall be permitted to attach its lines to, or otherwise use, the poles of any other telegraph or telephone company without the consent of such company being first had and obtained; and that, in condemning rights of way for telegraph and telephone companies, the juries shall not be required to lay off the property, privileges, rights, or easements included in the petition or sought to be condemned by metes and bounds, and in such cases it shall be discretionary with said juries whether they will view the premises or not. And when a petition is filed to condemn the property, easements, rights, or privileges of a private corporation for a telephone or telegraph company, the circuit court in which said petition is filed shall have jurisdiction of and power to condemn the right of way for such company over and upon the rights, privileges, easements, and property of such private corporation in all the counties composing the circuit in which said court may be held, in one proceeding. 1549-1572. Mining, quarrying, boring, and manufacturing company corporations may condemn a right of way to be a public road. See § 1854. 1550-1573. Railroad corporations of other states may extend their railroads five miles into this state, and acquire right of way therefor (1887, ch. 160): SECTION 1. That any railroad corporation created by the laws of any other state shall be authorized and empowered to extend its railroad into this state a distance of not exceeding five miles from the point of its entrance into this state, for the purpose of reaching a terminal point, or a general or a union depot in, or in the vicinity of, any city, town, or village in this state. SEC. 2. That such corporations may acquire the right of way for their railroads from the line of this state to their terminal points or depots. in this state by purchase or by gift or by condemnation, according to the laws of this state, as provided in §§ 1550 to 1573, inclusive, of the code of Tennessee (Milliken & Vertrees). SEC. 3. That such corporations shall have the power and right to purchase, hold, use, and enjoy all real estate necessary for the erection and maintenance of their depots, shops, yards, side-tracks, turnouts, and switches, both along the route and at their terminal points in this state; Provided, They shall first apply for and receive a charter in this state. Steam railroads not to be constructed or used on any county road without consent of county court, and owners of at least one. half of the abutting lands (1889, ch. 226): SECTION 1. That hereafter it shall be unlawful for any corporation Or person to construct or use an ordinary steam railroad for the transpo tation of freight and passengers upon any country road or count highway of this state without the consent of the county court of the county in which said road lies; and before it shall be lawful for the 1573-1607 county court to give such consent, the corporation desiring to construct such railroad shall procure and file with the county court the written consent of the owners of the lands abutting upon such road or highway, aggregating in such abutting length at least one-half of all the lands in value, such value to be the value of said abutting lands running back from said road two hundred feet upon both sides of the road · to be occupied by said railroad; and any ordinary steam railroad constructed upon such county road or highway without the consent of the said county court first lawfully obtained, shall be considered a nuisance, and liable to be treated as such, both by the public authorities and by private persons. But when the consent of said county court shall have been first lawfully obtained, such railroad may be lawfully constructed and operated upon such road or highway under such restrictions as to the manner of construction and mode of use as the county court may see fit to impose in granting the license; Provided, That railroads already constructed upon any road or highway of this state under a license of the county court are hereby declared to be lawfully constructed, and this act shall not be construed as requiring a new license from the county court for such construction or operation under its pro visions. SEC. 2. That this act shall not be construed so as to prevent said owners of land abutting upon such road from obtaining due compensation for damages arising from the construction of such railroad, such damages to be just compensation for all property taken, injured, or damaged by the building or operations of said railroad, said damages to be ascertained and paid before the right to appropriate the property to be occupied shall accrue, as now provided by law. United States government allowed to condemn for improvement of Cumberland river (1891, ch. 56). 1607. Amended so as to empower municipal corporations to issue distress warrants for privileges (1891, ch. 57): warrant. SECTION 1. That if any person or corporation required by law to pay merchant's or privilege taxes to any municipal corporation, or to obtain a license before engaging in same, presume to sell goods privilege without first obtaining a license as Selling without license; distress Or exercise required by law, such clerk, recorder, or collecting officer shall issue to the sheriff, city marshal, or any constable a distress warrant, commanding him to levy in case of a privilege tax double the highest tax imposed upon any such privilege, and in other cases double the highest tax imposed on any similar business, together with costs and charges, by distraining and selling so much of the delinquent's goods and chattels as shall be sufficient for the purpose. SEC. 2. The officer to whose hands said warrants shall come shall immediately execute the same, on pain of being held liable himself, on motion by the clerk, recorder, or collecting officer, for the double tax, cost, and charges lost by his delay, in the cir Levy. cuit court. SEC. 3. The officer, having seized the goods and chattels of the delinquent, shall give ten days' notice of the time and place of sale, which he shall make at the time specified, unless the owner, at or before the time of sale, produce the clerk's, recorder's, or Sale of goods. 138 CRIMINAL COSTS-HIGH GRADE COMMON SCHOOLS. 1648-1657 collecting officer's receipt for the tax, costs, and charges, in which case the officer shall redeliver the goods to the owner. SEC. 4. In all cases in which the penalty prescribed against breaches of the revenue laws in relation to license is recovered, Double fees. double fees shall be allowed to the clerk, recorder, and collecting officer or attorney prosecuting the case. 1648. Amended so as to empower the officers of cities charged with the trial of criminal cases, to issue execution for unpaid fines and costs (1891, ch. 110): SECTION 1. That mayors, recorders, and other chief officers of towns, cities, and taxing districts in this state, charged with the trial of criminal cases, be, and are hereby, empowered to issue executions for the collection of unpaid fines and costs due their respective towns, cities, and taxing districts in this state in the same manner as justices of the peace are now empowered to issue executions in such cases. SEC. 2. That all laws in conflict with this act, be, and are hereby, repealed. 1652-7. Amended, authorizing municipal corporations to establish and maintain common schools of high grade (ex. ses. 1885, ch. 19): SECTION 1. That the several incorporated cities and towns within this state may, through their boards of mayor and aldermen, Towns may esestablish and maintain within their respective corporate tablish common limits, a system of high graded common schools. grade. SEC. 2. That for the purpose as provided in the first section of this act, the said boards of mayor and aldermen of any municipal corporation within this state may procure a suitable school-house Erect schoolor houses, either by erection or purchase; and that, in mak- houses. ing of such erection or purchase of such house or houses, and furnishing the same, may apply the common school fund to which their respective scholastic population are entitled by law. SEC. 3. That for the purpose of erecting, or causing to be erected, or purchasing such school-buildings or houses, and furnishing the same, and for the purpose of establishing and maintaining such Levy additional high graded common public schools, said board of mayor tax. and aldermen may levy and collect an additional tax to that imposed by or under the general provisions of the school-law upon all taxable polls, privileges, and property within the corporate limits; Provided, That the special tax levied under this section, and the municipal taxes levied for general municipal purposes, shall in no case exceed the rate of taxation for general purposes fixed by charter limitation. term of office. SEC. 4. That the board of mayor and aldermen of any such municipal corporation so establishing public schools may, and they shall have full power to, appoint a board of education, consisting Board of educa of not exceeding six qualified citizens residing within their tion: duties; corporate limits, which board, when so appointed, shall have full power as trustees or directors to manage and control such school, to elect or employ well-qualified teachers, and to prescribe all needful rules and regulations; and said board shall hold its office as follows: Two for three years, two for two years, two for one year, and 1658-1680 CHANGE GRADE-EXTINCT CORPORATIONS-TAXING DISTRICTS. after the first year two commissioners shall be elected each year, subject to removal for good cause by the said board of mayor and alder men. SEC. 5. That nothing in this act shall be so construed to allow or permit mixed schools of the white and colored population, but such schools shall be taught separately, as now provided Races kept separate. by law. 1658-1670. Amended to better protect real estate owners in cities (1891, ch. 31): Damage by etc. SECTION 1. That when any owner of real estate in any town or city in the State of Tennessee shall sustain any damage to his property by reason of any change made in the natural or established change of grade, grade of any highway or townway in any city or town in the state, or by reason of the raising or lowering of such grades, or other acts done for the purpose of improving or repairing such ways, the said owner shall be paid all damages therefor by such cities and towns within said state, which damage may be recovered before any court of competent jurisdiction, at any time in one year from the completion of or the cessation of such works, acts, or improve ments. SEC. 2. That all benefits accruing by reason of such improvements, acts, or works, shall be allowed to affect, reduce, and offset the damages hereinbefore provided for. 1893, ch. 41. 1679. Amended to read as set out (1885, ch. 82, sec. 10; 1887, ch. 239): SECTION 1. That on the petition of a majority of the qualified voters residing, at the time of the filing of said petition, within the corporate limits of any such town or city, it shall be the duty of the county court to appoint three commissioners for the government of said city or town. Said commissioners shall be twenty-one years old, and reside within the limits of said extinct corporation; their term of office shall be two years, and until their successors are elected by the qualified voters in said district, and qualified. Before entering upon their duties, they shall make an oath to support the constitution of the United States and the State of Tennessee, and to faithfully perform their duties. The territorial limits of said commissioners shall be confined to the limits of said corporation as they were when it became extinct, except the same shall be extended or contracted as prescribed. SEC. 2. All laws in conflict repealed. President com 1680. So amended as to provide as set out (1885, ch. 82, sec. 1): SECTION 1. That the commissioners herein provided for shall elect one of their number president; and they may elect a person not a member of the board of commissioners as recorder, whose missioners: re- duties shall be to keep a faithful record of all the proceedbond, oath, etc. ings of the board; to make out the tax-list and collect the taxes, and render accounts of the same quarterly to the board; to hear all complaints and charges for violations of the ordinances, and assess the fines and fix the punishment under the ordinances, and commit offenders until the fines and costs are paid. Before entering upon his corder, duties, 140 duties, such recorder shall give bond in double the estimated tax to come into his hands, and take an oath to support the constitution of the United States and of the State of Tennessee, and to faithfully perform his duties, copies of which bond and oath shall be spread on the minutes of the board, and the original shall be filed in the office of the clerk of the county court. He shall pay no moneys out except on the order of the president of the board, approved by one of the other commissioners. In case of the sickness, necessary absence, or legal incompetency to hear trials of offenses against the ordinances, the president or either of the other commissioners shall be authorized to hear such cases and fix the punishment. In the meetings of the board, the recorder shall have no vote. He shall hold his office for the period of two years, and until his successor is elected; but he may be removed by the board of commissioners for malfeasance or misfeasance in office, or for neglect of his duties. The compensation of the recorder shall be fixed by the board of commissioners by ordinances duly promulgated, but not to exceed the fees allowed by law to magistrates and other officers of the state for like services. In case taxes due the taxing district are not paid at the time fixed by law for the payment De inquent of state and county taxes, the recorder shall have the power, taxes, recorder and it shall be his duty, to issue distress warrants for the to collect. collection of all unpaid taxes, which shall be placed in the hands of the marshal, who shall distrain and levy the same upon the goods and chattels of such delinquents, and sell the same as provided by law in exécution sales, and make return to the recorder. Where there are no goods or chattels of the delinquents, then the marshal shall make his return accordingly, when the recorder shall proceed to sell the real estate on which taxes are levied, and make return to the circuit court in same manner as provided by law for the sale of real estate by state and officials for state and county taxes. But if said commissioners shall not deem it proper to select a recorder as above pro- In case recorder vided for, or shall fail to do so, then the duties, rights, and not elected. powers of the president, treasurer, and secretary, and financial agent of said taxing district, shall be and remain the same as now fixed by the said act passed April 1, 1881, and entitled "An act to establish taxing districts of the second class, and to provide the means of local government therefor," and in the event of the failure of commissioners to elect a recorder, the secretary and financial agent shall collect the taxes as now provided by said act; and for any taxes remaining unpaid on the first day of December of the year for which they shall be assessed, he shall issue a distress warrant, and place it in the hands of the marshal, who shall proceed to collect the paid taxes; same out of any personal property belonging to the said sales. tax-payer; and he shall have all the rights and powers now conferred by law on the state officers charged with the collection of state revenue; and in the event there is no personal property, then he shall return that fact to the secretary and financial agent, and the secretary and financial agent shall sell the land, if any, in the manner and form now prescribed for the sale of land for taxes due the state. Warrants for un 1681. Amended, as to election of city marshal, as set out (1885, ch. 82, sec. 7): That the commissioners may elect the marshal as now provided by law, or they may, by proper ordinance, direct that a city |