Voluntary pupils.

its care and keeping by its parent or parents without the authority of any court; and said school may keep and care for said child until it is twenty-one years of age, unless sooner taken away by the request of its parent or parents, and released under the authority and by-laws of said school.

Uncontrollable

SEC. 3. That the parent or parents may, and guardians other than parents must, invoke the authority of the county court when they desire to commit any child to said school on the ground that children; main said parent or parents or guardian, or those having the child tenance. in charge, are unable to control the child; and this is hereby made a ground for committing a child to said school, provided it appear to the satisfaction of the court or officer before whom said child is brought for commitment that the commitment would probably be for the child's interest and welfare. But said industrial school shall not receive any child under this or the preceding section until its parent or parents or guardians, or persons having the child in charge, shall satisfactorily agree with the officers of said school to supply sufficient funds for the maintenance of the child therein during its stay, and shall further agree to abide by all the rules, by-laws, and requirements of said industrial school.

SEC. 4. That no child shall be committed to said school, or received or retained therein, on any ground other than the one single ground that the interest and welfare of the child will be thereby probably pro

moted.

SEC. 5. That from the time of the lawful reception of any child into the school, and during its stay, the school shall have exclusive care, custody, and control of said child until it shall be discharged therefrom.

SEC. 6. That no child under eight or over sixteen years of age in case of females, and under eight and over eighteen in case of males, shall be committed to said school.

Term of com

SEC. 7. That whenever any child shall be committed to said school unless sooner of as aforesaid, the effect of that commitment shall be to commit the child age, until he or she is twenty-one years mitment. discharged by the officers of said school pursuant to its bylaws, who shall have authority to sooner discharge any child from the school whenever, in their judgment, it shall be for the interest of the child to do so.

Instruction of

com

school edu

cation.

SEC. 8. That the officers and managers of said school shall receive and take into it all children committed thereto by competent authority as aforesaid, and shall cause all children in such school to inmate. be instructed in such branches of useful knowledge as may be suited to their years and capacities, and shall cause the girls to be especially taught domestic vocations, such as sewing, mending, knitting, and house keeping in all its departments. The boys shall be taught such useful trades as the board may direct, and all children in said school shall be taught according to the course of the common public schools in this state.

SEC. 9. That any commitment under the provisions of this act shall be full, sufficient, and competent authority to the officers and agents of said school for the detention and keeping of any child therein.

SEC. 10. That the expenses of said school shall be paid as follows,

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to wit: For each inmate of said institution, which may be lawfully committed, under the pro rata to which each county may

mates, how

be entitled, the state will pay the sum of one hundred dol- Support of inlars per annum, quarterly, upon the sworn statement of the paid. superintendent of said institution, showing the number of children in said school, the county from which sent, and the number to which said county is entitled. Any child committed to said school as a pay ward, shall be paid for by the party committing it at the rate of one hundred dollars per annum, payable monthly or quarterly in advance, as may be agreed upon by the officers of said institution when the child. is committed.

Directors, ap

cers, reports of;

SEC. 11. That the board of directors of said institution shall consist of seven persons, two from the eastern, two from the western, and three from the middle division of the state, who shall hold their offices two for two years, two for four years, and three for pointment: offisix years, besides the governor, comptroller, secretary of treasurer's bond. state, and treasurer, who shall be ex officio directors. The first board of directors shall be nominated by the governor and confirmed by the senate. All vacancies occurring in the board shall be filled by nominations made by the remaining members and confirmed by the senate. Such board of directors shall elect a president, secretary, and treasurer, and may, by by-laws, provide for such other officers, agents, and committees as to them may seem necessary, fix the term of office of the president and other officers, and make all needful rules and regulations not inconsistent with law, for the government of said institution. The officers and directors shall make biennial report of their action, and the condition of the institution to the general assembly of the state. The treasurer, before receiving any money, shall give bond, with surety or sureties satisfactory to the governor, in a penal sum to be fixed by the governor, conditioned to faithfully keep and account for said money so appropriated, and all other money belonging to the institution received by him.

SEC. 12. That the children of the white and colored races which

may be committed to said school shall be kept entirely Races separated. separate and apart from each other, in every way, and they

shall not be associated together on any pretense whatever, and the sexes shall have separate apartments.

SEC. 13. That any child who shall have been conditionally released from said school, if said condition shall be breached, may be returned thereto and again taken charge of by the officers and managers of said school, under the original commitment until the child is twenty-one years of age, in the same manner and to the same extent as if there had been no release in the case.

Recommittals.

ties.

SEC. 14. That each county in this state, in proportion to its scholastic population, shall be entitled to the benefits of said school, and the of ficers of said school shal!, from time to time as vacancies Quota of counoccur, notify the county court of each county of the number of places in said school to which it is entitled. That hereafter the basis of representation for scholars shall be 1,100 scholastic population between six and sixteen years of age and majority fraction thereof for each scholar, but each county shall be entitled to at least one scholar. And that the scholarship in this institution shall be governed by the

3456-3532 EMPLOYING CHILD-REAL ESTATE LIENS-PROCESS.

scholastic census of 1890; Provided, That any county sending more than its pro rata share to said institution shall pay the same amount for each child so sent that the state pays, viz.: One hundred dollars per

annum.

SEC. 15. That pupils at this school shall not be enumerated as a part of the scholastic population of Davidson county.

SEC. 16. That all laws in conflict with this act be, and the same are hereby, repealed.

The former acts are acts This is the law governing said institution. All former laws in conflict with this are repealed, and the others are embraced and compiled in this act. 1885, ch. 15, and acts 1887, ch. 165.

It is unlawful to employ a child of less than twelve years of age in workshops, mines, mills, or factories (1893, ch. 159):

SECTION 1. That it shall be unlawful for any proprietor, foreman, owner, or other person, to employ any child less than twelve (12) years of age in any workshop, mill, factory, or mine in this state.

SEC. 2. That if any proprietor, foreman, or owner should not be informed as to the age of the child, he or they can request the parent or guardian to furnish a sworn statement, which shall be sufficient proof of the age of the child.

SEC. 3. That any proprietor, foreman, or owner employing a child less than twelve (12) years of age, or any guardian or parent giving such sworn statement for a child less than twelve (12) years of age, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

3456. Amended. Limitations as to taxes (1885, chs. 23, 24, 86; see 663-8 on pages 88-9):

Under 3465. Certain liens on real estate barred after ten years (1885, ch. 9):

SECTION 1. That liens on realty retained in favor of vendors on the face of a deed, also mortgages, deeds of trust, and assignments of realty executed to secure debts, shall be barred, and the liens discharged, unless suits to enforce the same be brought within ten years from the maturity of the debt, provided that this statute shall not run against existing liens only from the date of the passage of this act.

SEC. 2. That the provisions of the foregoing act shall not apply to lands sold for school purposes, whereon liens have been retained for the payment of the purchase-money; Provided, This act shall not apply to persons under disability until three years after the removal of the

same.

3532. Officers may serve process on Sunday, if defendants are about to leave county or state (1885, ch. 53): That § 2827 of the code be so amended that sheriffs or constables, having process in their hands in civil actions pending in magistrate's court or courts of record, if it shall appear to their satisfaction that parties to be sued are about leaving the county or state, shall have the right to execute the process on Sunday.

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3533-5. Returns must be made with pen and ink, or some other non-erasable fluid (1889, ch. 51):

SECTION 1. That sheriffs, constables, and all officers be required to make their return upon all processes issued to them with pen and ink or some other non-erasable fluid; Provided, however, That the failureof the officer to make his return as required by this act shall in no case vitiate the return.

SEC. 2. Any officer violating this act shall be guilty of a misdemeanor, and, on conviction, shall be fined as in other cases of misdemeanor, and shall be further liable in damages to any person or persons aggrieved by a violation of this act. That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed.

3539. Amended and enlarged to subject foreign corporations to suit in this state:

SECTION 1. That any corporation claiming existence under the laws of any other state, or of any country foreign to the United States, found doing business in this state, shall be subject to suit here to the same extent that corporations of this state are, by the laws thereof, liable to be sued, so far as relates to any transaction had, in whole or in part, within this state, or any cause of action arising here, but not otherwise.

SEC. 2. That any corporation having any transaction with persons, or having any transaction concerning any property situated in this state, through any agency whatever acting for it within the state, shall be held to be doing business here within the meaning of this act.

whom served,

SEC. 3. That process may be served upon any agent of said corporation found within the county where the suit is brought, no matter what character of agent such person may be; and, in the absence Process, upon of such an agent, it shall be sufficient to serve the process wd duty of upon any person, if found within the county where the suit officials. is brought, who represented the corporation at the time the transaction out of which the suit arises, took place, or, if the agency through which the transaction was had be itself a corporation, then upon any agent of that corporation upon whom process might have been served if it were the defendant. The officer serving the process shall state the facts, upon whom issued, etc., in his return, and service of process so made shall be as effectual as if a corporation of this state were sued, and the process has been served as required by law; but, in order that defendant corporation may also have effectual notice, it shall be the duty of the clerk to immediately mail a copy of the process to the home office of the corporation, by registered letter, the postage and fees for which shall be taxed as other costs. The clerk shall file with the papers in the cause a certificate of the fact of such mailing, and make a minute thereof upon the docket, and no judgment shall be taken in the case until thirty (30) days after the date of such mailing.

SEC. 4. That it shall be the duty of the plaintiff to lodge at the home office of the company, with any person found there, a written notice from him or his attorney, stating that such suit has been Notice to brought, accompanied by a copy of the process and the re- defendant. turn of the officer thereon, of which fact affidavit shall be made by the person lodging the same, stating the facts and with whom the notice

3542-3666 CHANGE OF VENUE-TRIAL BY JURY-STENOGRAPHER.

was lodged; or else the plaintiff or his attorney shall make an affidavit that he has been prevented from serving such notice by circumstances which should reasonably excuse, giving it, which circumstances the affidavit of the plaintiff or his attorney shall particularly state. And no judgment shall be taken until one or the other of these affidavits shall be filed and the court be satisfied that the notice has been given the defendant, or that the excuse for not doing so be sufficient.

Pre-existing law not repealed or modified. This act does not, by implication, repeal or modify the pre-existing law on the subject, and, therefore, does not apply to a non-resident corporation having a local office and resident agent in the state and already subject to suit, but only to such foreign corporations as engage in business in the state without such office and agent. 88 Tenn., 263.

3542-3558. When the venue is changed, the county from which the case is sent shall pay the jury fees (1889, ch. 201):

SECTION 1. That when a change of venue of any case, either civil or criminal, is ordered by the circuit or criminal courts of this state from one county to another, the jury fees, in trying the case, shall be paid by the county from which the case is sent, and the fees of the officers, summoning jurors in cases where the venue is changed, shall be accordingly taxed and certified by the clerk in civil cases, and also by the judge and attorney-general in criminal cases in the same manner as such are now certified by law.

SEC. 2. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed.

3602-3605. Amended as to when jury may be called for (1889, ch. 220):

SECTION 1. That an act passed February 11, 1875, entitled "An act to regulate trials by juries in civil cases," be so amended as to provide that hereafter all suits now pending in the courts of this state, or which may hereafter be brought, either party desiring a trial by jury shall be entitled to a jury; Provided, He call for the same on the first day of any term at which the suit stands for trial, and have an entry made on the trial docket that he calls for a jury, and unless such demand is made and entry thereof on the trial docket, it shall be the duty of the court to try the case without a jury.

SEC. 2. That all laws and parts of laws in conflict with this act be, and are hereby, repealed, and that this act take effect from and after its passage, the public welfare requiring it.

Demand of jury.-A litigant having demanded a jury in the manner provided by the act of 1875, ch. 4, is not required by the amendatory act of 1889, ch. 220, to renew that de88 Tenn., 758, 765. mand on the first day of any succeeding trial term, but if he has neglected to demand a jury under the former act, he may demand it under the latter act.

Application of acts.-These acts have no application to the chancery courts, and the demand for a jury to try issues of fact therein may be made, in the absence of any rule of court regulating the matter, at any time before the cause is heard by the chancellor. 89 Tenn., 668.

Under 3666. Stenographer, judge shall, upon the request of either party, appoint a (1887, ch. 217) :

SECTION 1. That upon the trial of any cause or proceeding in any court of record of this state, upon the request of either party, the

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