EQUITY LIEN-ADVERTISEMENT OF SALE-APPEALS. 3697-3883

judge of said court shall appoint a competent stenographer, who shall first be duly sworn to make a true, impartial, and complete stenographic report of all the oral testimony given in trial of said cause or proceeding, as well as the rulings of the judge; and, in case of an appeal to a higher court, a transcript of his said stenographic notes shall constitute a part of the bill of exceptions in said cause or proceeding. SEC. 2. That the party alone at whose instance said stenographer was employed, shall be responsible for his compensation for the work done by him.

SEC. 3. That the court or judge before whom any cause is tried in which such stenographer is employed, shall have the right and power to revise and correct the report so made before it becomes part of the bill of exceptions.

3697. Amended to continue liens of judgments and decrees of courts of equity when appealed to supreme court (1885, ch. 21): That from and after the passage of this act, judgments and decrees of courts of equity in this state, when appealed to the supreme court, shall, notwithstanding said appeal, be a lien upon the property of the defendant or defendants, to the same extent and in like manner as judgments at law in courts of record.

3754. Amended to read as follows (1893, ch. 16): That the advertisement of sale shall be at least twenty days for land, and ten days for all other kinds of property, except for the sale of fruits and vegetables, when the sale may be made after advertisement by the officer making the levy on twenty-four hours' written notice thereof being posted in three conspicuous places in the civil district of the place of levy and sale.

3858. Amended. Justice of the peace must file papers in appealed cases five days before court (1889, ch. 251):

SECTION 1. That whenever an appeal shall be prayed and perfected from the decision of any justice of the peace in this state, it shall be the duty of said justice to file the papers in the case in the office of the clerk of the circuit court at least five days before the meeting of the circuit court; and any justice of the peace failing to comply with this act shall have no fees or cost allowed in such cases, at the discretion of the court.

SEC. 2. That if an appeal is prayed and perfected within five days before the meeting of the circuit court, the papers in the case shall be filed in said clerk's office by or on the first day of the term.

SEC. 3. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed.

3883. Amended. For satisfactory reasons, time to perfect appeal may be extended thirty days (1885, ch. 65):

SECTION 1. That hereafter when an appeal, or an appeal in the nature of a writ of error, is prayed from a judgment or decree of an inferior court to the supreme court, the appeal shall be prayed for and appealbond shall be executed, or the pauper oath taken, within thirty days from the judgment or decree, if the court holds so long; otherwise,

3912-4285

DIVORCE-FORMA PAUPERIS-FEES-REPLEVIN.

before the adjournment of the court; but, for satisfactory reasons, shown by affidavit or otherwise, and upon application made within the thirty days, the court may extend the time to give bond or take the oath in term or after adjournment of the court; but in, no case more than thirty days additional.

SEC. 2. That in all cases where the appeal has not been prayed for within the time prescribed in the first section of this act, the judgment or decree may be executed.

Bill of exceptions. The bill of exceptions may be signed, filed, and made a part of the record at any time before the close of the trial term, if the court has not, by rule or order, prescribed a shorter limit-this act not applying to bill of exceptions. 89 Tenn., 151.

3912. Amended; requiring males in divorce suits to give bonds (1891, ch. 221):

SECTION 1. That all male citizens who bring suit for divorce in any of the courts of this state shall, before the issuance of any leading process in said suit, give bond and security for all costs that may accrue

in same.

SEC. 2. That all laws and parts of laws in conflict with section 1 of this act are hereby repealed, and that this act take effect from and after its passage, the public welfare requiring it.

Held valid. This act was held to be valid and constitutional by supreme court.

3913. Amended; allowing next friends of infants to prosecute suits in forma pauperis (1889, ch. 105): That all persons acting as the next friend of any infant in this state may prosecute suits for such infants in forma pauperis, upon taking and subscribing to an oath that the infant in whose behalf the action is begun, is not able, and has not sufficient property to bear the expenses of the action about to be commenced, and that such infant is justly entitled to the relief sought, to the best of his belief.

3993-4053. Amended to allow attorney fees to be taxed in the bill of costs, etc. (1887, ch. 183): That in all partition cases in the courts of this state, the court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.

4126. Amended. Judgment by motion against plaintiff and his sureties, when (1885, ch. 59): That in all cases of replevin, where judgment has been rendered in the alternative under the provisions of $3390 of the code (Milliken & Vertrees, § 4126), if the goods are not returned to the defendant, and the writ of fi. fa. is returned unsatisfied, in whole or in part, the defendant may have a final judgment over for dollars and cents by motion, without notice against plaintiff and his sureties in the replevin bond at the term of the court to which the fi. fa. shall have been returned. The proceedings of the judgment final shall be a part of the record of the original cause.

4280-5. Amended. Lien extended to crops of share-croppers (1887, ch. 171):

SECTION 1. That land owners and persons controlling land, by lease

268

1

or otherwise, shall have a lien on the crops raised on such lands by share-croppers for supplies, implements, and work-stock furnished such croppers, for himself or those dependent on him, to enable the cropper to make a crop.

SEC. 2. That such furnisher shall have the same rights, and enforce them in the same way and at same time, as provided for landlords in § 4280 et seq. of the code (M. & V.).

4280-4309. Enforcement of statutory liens where no method has been prescribed (1889, ch. 12): That any and all liens given by statute in this state on personal property, where no method of enforcing the same has been heretofore prescribed by statute law, may hereafter be enforced by original attachment issued by any justice of the peace or court having jurisdiction of the amount claimed to be due, on affidavit that the debt is due and unpaid, to be levied on the property upon which the lien exists, be it either in the hands of the creditor, owner, or other party not an innocent purchaser.

4430-4439. Those declared lunatics may be declared of sound mind (1887, ch. 149):

when.

SECTION 1. That when any person shall be declared a lunatic, or person of unsound mind, as now provided by law, and afterwards shall become restored in mind, such person, upon the written cer- May apply to tificate of two respectable physicians that he or she is a per- county court, son of sound mind, may make application by petition to the county court, and the court shall order the sheriff forthwith to summon a jury of twelve freeholders or householders, to ascertain, by inquisition, the condition of such person's mind and make return thereof to the court at that or the succeeding term.

SEC. 2. The writ issued to the sheriff may be in the following form:

STATE OF TENNESSEE, To the sheriff of

}

county, greeting: You County. are hereby commanded to inquire, by the oath of twelve freeholders or householders, summoned by yourself, whether of in the county of is a lunatic or person of unsound mind, so that he has not capacity sufficient for the government of himself and his property. And you are further commanded that at certain days and places appointed by yourself, you diligently make application in the premises; and the same distinctly and plainly made return to the county court of said county at its next session, together with the writ.

SEC. 3. The writ may be returnable to the same term of the court from which it issues, if the court so direct; and in such case the same proceedings shall be had as if the return were made to the next succeeding term.

SEC. 4. The clerk of the county court or any justice of the peace, upon application, may issue subpoena for witnesses to attend the inquisition, and such witnesses are subject to the penalties and entitled to the privileges and compensations of regular witnesses.

4470-4566 HABEAS CORPUS-WRITINGS-ACCUSED AS WITNESS.

SEC. 5. The cost shall be paid by the party making the application, and if he shall be declared a lunatic, it shall be paid out of his estate. SEC. 6. That upon the return of jury, which shall be in writing and entered upon the minutes of the county court that said person is of sound mind and competent to control himself and his property, the court shall pronounce a decree declaring such person of sound mind; and the guardianship of such person, if any exist, shall terminate, and he may demand settlement of his guardian.

SEC. 7. That if the jury do not agree, the court may issue an alias and pluries writ to the sheriff, who shall summon twelve other freeholders or householders to try the cause.

SEC. 8. That if the applicant shall be declared a lunatic or person of unsound mind, so that he cannot control himself and business, no second application shall be made to the court until after one year.

SEC. 9. The application provided for herein may be made in any county where the applicant may reside, or where his property or guardianship may be.

4470-4515. Parties in habeas corpus cases may appeal to the supreme court (1887, ch. 157):

SECTION 1. That hereafter it shall be lawful for any party, either relator or defendant, in any habeas corpus case now pending in, or that may hereafter be brought in, any of the courts of this state having jurisdiction of the same, to have the right of appeal to the supreme court from any judgment or decree rendered against such party by any inferior court trying such habeas corpus case; Provided, however, That the party so appealing shall give bond and security for the costs of such appeal; Provided, This act shall not apply to parties held in custody in criminal cases.

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

The appeal lies where the person suing out the writ of habeas corpus is held under a judgment of conviction. 88 Tenn., 334.

4525-8. Comparison of writings (1889, ch. 22): That hereafter, in all the courts of this state, comparison of disputed writing or signa. tures with any writing or signatures proved to the satisfaction of the judge to be genuine, shall be permitted to be made by expert witnesses, and such writing or signatures, and the evidence of expert witnesses. respecting the same, shall be submitted to the court or courts and jury as evidence of the genuineness or otherwise of the writing or signature in dispute.

When comparison not authorized.—This act does not authorize a comparison to be made with writings introduced for that purpose as the genuine writings of any person other than the reputed writer of the disputed paper. 90 Tenn., 44, 51.

When authorized.-But his other writings or signatures deemed genuine by the court, may be admitted, though otherwise irrelevant, for comparison with the disputed instrument by expert witnesses, and to be considered with the opinions of such witnesses as evidence in the cause. 90 Tenn., 167.

4560-6. In criminal cases defendants may testify (1887, ch. 79): SECTION 1. That in the trial of all indictments, presentments, and other criminal proceedings, in any of the courts of this state, the party

defendant thereto may, at his own request, but not otherwise, be a competent witness to testify therein.

SEC. 2. That the failure of the party defendant to make such request and to testify in his own behalf, shall not create any presumption against him. But the defendant desiring to testify shall do so before any other testimony for the defense is heard by the court trying the

case.

Impeachment of defendant's testimony.--A defendant testifying under this statute may be impeached like any other witness; but the impeaching testimony affects only his credibility as a witness, and does not impair the presumption of his innocence, and the court should so instruct the jury. 86 Tenn., 259.

"Infamous" defendant may testify.-A defendant, though laboring under sentence of infamy, is competent to testify under this act. 86 Tenn., 472.

It is mandatory that the defendant testify before any of his other testimony is heard; and, if he does not, he will not be permitted to testify afterwards. 86 Tenn., 472, 473.

Argument based upon defendant's failure to testify is reversible error, where the judge's attention is called to it, and he fails to interfere and fully instruct the jury. 89 Tenn., 231,

233-4.

4623. See 2463-4.

4780. Amended to include all members of National Guard of Tennessee (1887, ch. 211):

SECTION 1. Amended so as to include all officers, non-commissioned officers, musicians, privates, and contributing honorary members of the National Guard of the State of Tennessee; Provided, That the member claiming exemption exhibits his certificate of membership, signed by his commanding officer, certifying that the said member is enrolled and enlisted in his company or battery.

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

4817. Amended. Clerks and registers to cross-index as to all parties, and a failure a misdemeanor (1893, ch. 66):

Cross-index re

clerks.

SECTION 1. That hereafter the clerks of the supreme court and the clerks of all courts of record, be, and they are hereby, required to index and cross-index each record of the minutes of the courts and the execution dockets so respectively required quired of certain to be kept by them, showing in the direct index, in alphabetical order, the name or names of the plaintiffs or complainants, and against whom the suit is or was brought, and, in the cross or reverse index, show the name or names of defendants, in alphabetical order, and by whom the suit is brought.

SEC. 2. That county registers be, and are hereby, required to index and cross-index all records of deeds and mortgages and other instruments so kept by them, in the same manner as is required Registers to of clerks in section 1 of this act, the said registers to show cross-index. in the direct index the name or names of the grantor or grantors, in alphabetical order, as now required by law, and, in the reverse or crossindex, the name or names of the grantee or grantees, in alphabetical order; also showing from whom the conveyance emanates.

SEC. 3. That for failure or refusal to carry out or comply with the provisions of this act, such clerk or register shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more twenty-five dollars for each offense.