OF THE GENERAL ASSEMBLY OF THE State of Tennessee. Passed by the Fiftieth General Assembly, which was begun and held dred and ninety-seven. CHAPTER 134. [HOUSE BILL NO. 332.] AN ACT to exempt DeKalb County from the provisions of the fish law, as set forth in Chapter 127, Acts of 1895, so as to allow citizens of DeKalb County, Tennessee, to catch, kill or wound any fish of the streams, lakes, rivers or ponds of DeKalb County, Tennessee, by sein, trap, gun, grabbling with hands, gig, or in any way except the killing or wounding or destroying by means of poison or explosives. Section 1. Be it enacted by the General Assembly of Amendment. the State of Tennessee, That Chapter 127, Acts of 1895, be so amended as to exempt "DeKalb County" from the operation of said Act of 1895, Chapter 127. Sec. 2. Be it further enacted, That the citizens of DeKalb County from and after the passage of this Act be allowed to catch, kill or wound any fish in any of the streams, lakes, rivers or ponds of the county by sein, trap, gun, grabbing with the hands, gig or in any way by any connivance except by killing, wounding or destroying by means of poison or explosives. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 17, 1897. MORGAN C. FITZPATRICK, Speaker of the House of Representatives. JOHN THOMPSON, Approved March 19, 1897. Speaker of the Senate. ROBT. L. TAYLOR, Governor. Amendment to act incorpora ville. CHAPTER 135. [SENATE BILL NO. 522.] AN ACT to amend an act approved April 6, 1893, entitled "An act to incorporate the town of Brownsville, Tennessee, being Chapter 93 of theActs of 1893, and to authorize and empower said town to issue $12,500 in bonds for the purpose of erecting and furnishing, or assisting in erecting and furnishing, a public school building in said town, and to provide a sinking fund for the ultimate redemption of said bonds, and amended by Chapter 55 Acts of 1895, entitled "An act to amend the act approved April 6, 1893, entitled 'An act to incorporate the town of Brownsville, Tennessee, being Chapter 23, of the Acts of Tennes see of 1893, to authorize said town to issue bonds to purchase, extend, improve and operate waterworks plant in said town now known as the Brownsville Artesian Water Co., and to provide for the security and payment of said bonds, and to empower said town to establish and collect water rates and charge and disburse same. Section 1. Be it enacted by the General Assembly of ting Browns-the State of Tennessee, That the Act approved April 6, 1893, entitled, "An Act to incorporate the town of Brownsville, Tennessee, being Chapter 93 of the Acts of Tennessee of 1893, and amended by said Chapter 55, Acts of 1895, be and the same is hereby amended as herein set out, and that so much and such parts of said Act and especially Section 24 of same as prevents or prohibits the Board of Mayor and Aldermen of said town from contracting or creating any indebtedness greater than they can pay after paying current expenses out of the tax levies under said Act, within one year after the indebtedness is contracted, and provides that said corporation shall have no power to issue any bonds, or other negotiable instruments for any purpose, be and the same is hereby amended and repealed so as to authorize and empower the issuance of bonds, and the contracting of the debt herein provided for, but not otherwise. Authorized to issue bonds. Sec. 2. Be it further enacted, That the Board of Mayor and Aldermen of the town of Brownsville, Tennessee, Haywood County, be and they are hereby authorized and empowered to issue twelve thousand five hundred dollars in bonds for the purpose of erecting and furnishing, or assisting in the erection and furnishing of a building or buildings in said town, to be used as public school buildings, said bonds to be negotiable, interest bearing, and payable thirty years after date of issue, and shall bear such a rate of interest as may be agreed upon between the seller and the purchaser or purchasers, payable annually; Provided, that said interest rate does not exceed 6 per cent. per annum. issued. Sec. 3. Be it further enacted, That said bonds shall Bonds, how be issued in such denominations as the Mayor and Alderdermen shall fix, and that the Board of Mayor and Aldermen shall have the bonds, with coupons attached, lithographed or printed, and that said bonds and coupons shall be numbered consecutively, and that said bonds shall be signed by the Mayor and countersigned by the Recorder of said town, and that the seal of said town shall be attached or impressed upon said bonds; that the Board of Mayor and Aldermen of said town may sell and issue said bonds, but not for less than face or par value of same; Provided, however, that said Election. bonds shall not be issued unless at an election to be first held, in which the qualified voters of said town shall be entitled to vote, the assent of three-fourths of the votes cast at such election shall be given thereto; that said election shall be ordered by the Board of Mayor and Aldermen of said town, and shall be held by the marshal of said town, assisted by two clerks and three judges to be appointed and selected by said marshal of said town from the legal, qualified voters of said town; said election to be advertised for twenty days by publication in some newspaper published in said town, or by printed handbills conspicuously posted in at least five public places in said town; that the officers holding such election, together with the judges and clerks holding same, shall certify the result of the election together with the poll list and tally sheets of the election, in writing, signed by them to the said Board of Mayor and Aldermen of said town, and same shall be filed by the Recorder of said town, and said Board of Mayor and Aldermen shall thereupon declare the results of said election; that in case the proposition to issue such bonds shall fail to carry by a three-fourths vote, the Board of Mayor and Aldermen of said town shall have the right to order another election to be held by the same officers, in the same way and upon the same number of days' notice, made from time to time as above set out, for said purpose; Provided, however, no two such elections shall be held within any consecutive thirty days; that said marshal, clerks and judges holding such elections shall Bouds a valid and binding debt. Sinking fund. Public School be sworn and qualified according to the general laws of the State; that said vote shall be by ballot, and those voting in favor of the issuance of said bonds shall have printed or written upon their ballots "For the Bonds," and those voting against the issuance of the bonds shall have written or printed upon their ballots, "Against the Bonds;" that in case at any such election three-fourths of the votes cast shall be in favor of the issuance of said bonds, same shall be issued, otherwise, same shall not be issued. Sec. 4. Be it further enacted, That upon the issuance of said bonds, in conformity with the foregoing sections, they shall be a valid and binding debt and obligation of the said municipal corporation, and that the Mayor and Aldermen of said town are hereby instructed to turn over money received by said Board of Mayor and Aldermen from the sale of said bonds to the Treasurer of the Board of School Commissioners of the public school district of Brownsville, who shall execute a bond in the sum of $25,000.00, signed by himself, together with four or more sureties, and approved by said Board of Mayor and Aldermen of said town, and said $12,500.00, nor any part thereof shall not be paid out by said treasurer, except upon the order of said Board of School Commissioners of the said Brownsville school district, in writing, signed by the security [Secretary?] and countersigned by the President of said Board of School Commissioners of said town. Sec. 5. Be it further enacted, That before the issuance of any bonds hereunder, the Board of Mayor and Aldermen of said town shall provide, by ordinance, for a sinking fund with which to retire said bonds at maturity, and to pay the interest on same annually, by setting aside a certain portion out of the sum total of all taxes collected each year by said Board of Mayor and Aldermen, to be designated as the Sinking Fund Tax for School Bonds, and to be sufficient, with its accumulations, as nearly as can be estimated, to meet the principal of said bonds at maturity, and pay the interest annually. Sec. 6. Be it further enacted, That said Board of Commission- Mayor and Aldermen of said town shall appoint three ers. citizens of said town, not members of said Board of Mayor and Aldermen, who shall hold their office for two years, [or] until their successors shall be appointed or elected and qualified, to be so appointed or elected, that the first term of one shall be for one year, one for two years, and one for three years, and every year thereafter, one shall be appointed or elected for two years by said Board of Mayor and Aldermen, and designated as the "Public School Sinking Fund Commissioners." Sec. 7. Be it further enacted, That said commission- Oath of Com ers shall take an oath before some person authorized to administer oaths on judicial proceedings, faithfully to perform their duties, and shall give bond in such sums, and otherwise qualify themselves as the Board of Mayor and Aldermen of said town may provide. missioners. how applied. Sec. 8. Be it further enacted, That said sinking fund Sinking fund, commissioners shall receive such sinking fund tax as is apportioned annually by said Board of Mayor and Aldermen, as herein provided for, from the collector of taxes for said town, and shall apply same to payment of said coupons as they mature, and may invest the same from time to time in good, well secured interest bearing negotiable paper or buy a bond or bonds issued under this Act, if same can be bought at par, and shall make settlements of their accounts in writing once a year with the said Board of Mayor and Aldermen, or as they may direct or provide. buildings to Sec. 9. Be it further enacted, That when said bonds Public school are issued and sold for the purposes herein provided, be built. said public school building shall be built under the directions of the Board of School Directors of Brownsville, and they may employ such experts, architects, mechanics, and builders, use such material and do and perform such acts with reference to the building of the same as to provide said city with a neat, substantial and commodious public school house. rate. Sec. 10. Be it further enacted, That Section 31 of Maximum tax said Act of 1893, Chapter 93, and as amended by said Act of 1895, Chapter 55, which undertakes to set out the different kinds and purposes of taxation, and to fix the maximum rates of taxation for each of same shall be and the same is hereby so amended as to provide as follows: That the ad valorem tax upon property for general purposes in any year shall not exceed 85 cents on the hundred dollars, and the taxes on merchants, pools [polls] and privileges for general purposes shall not exceed fifty per cent. of the State tax on same, and that special tax for school purposes shall not exceed 35 cents on the hundred dollars for any year, and that on merchants, pools, [polls] privileges, not exceeding 50 per cent. of the State tax on the same, and that in the event the bonds herein provided for, shall be sold, then, in that event, the said Board of Mayor and Aldermen, shall, out of the taxes collected for either general or school purposes or both, set aside a |