CHAPTER NO. 8.

HOUSE BILL No. 82.

(By Mr. Bell.)

AN ACT to amend an Act entitled "An Act to prevent any agreement any between fire insurance companies doing business in Tennessee to maintain rates to be charged for insurance on property located in this State, and to prescribe penalties for violations of this Act," so as to also prevent the making of any agreement with reference to amount of commission to be allowed agents for procuring insurance, or the manner of transacting fire insurance business in this State, being Chapter 479 of the Acts of the General Assembly of 1905.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of Chapter 479 of the Acts of the General Assembly of the State of Tennessee of 1905, being an Act entitled "An Act to prevent any agreement any between fire insurance companies doing business in Tennessee to maintain rates to be charged for insurance on property located in this State, and to prescribe penalties for violations of this Act, be amended so that said Section 1 shall read as follows:

That it shall be unlawful for any two or more fire insurance companies during business in Tennessee, or any two or more officers, agents, representatives, or employees of fire insurance companies doing business in Tennessee, to make or enter into any combination, contract, compact or agreement looking to the maintaining of any specific rate to be charged for insurance or any property located in this State. The amount of commission to be allowed agents for procuring same or the manner of transacting the fire insurance business within this State; provided that this Act shall not be so construed as to prohibit the formation of associations of fire insurance agents in any city, town or county in this State for the purpose of minimizing expenses by the employment of joint inspectors or experts for preparing rating schedules and designating improve

ments, with a view to the reduction of the cost of insurance; provided, that all rates which may be suggested through such associations shall be advisory only, and not binding on any member thereof; provided, further, that if any Board of Agents or Agent or Company attempt to impose any fine upon any Agent or Company, who shall refuse to write at any rate other than that fixed by such Board, shall be guilty of a misdemeanor and subject to a fine of not less than fifty dollars.

SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed.

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage, the public welfare requiring it.

AN ACT prohibiting Judges from pronouncing, and District Attorneys-General from consenting to, any judgment in any criminal case by which the defendant, except when acquitted, is or can be discharged without being required to pay, secure, or work out in the workhouse all of the costs, fees, and penalties accruing therein, and providing penalties for the violation of this Act.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any Judge in this State in any criminal case to

pronounce or allow to be entered any judgment by which any defendant is or may be discharged, except when acquitted, unless said defendant is required to pay, or secure, or work out in the work-house all costs, penalties and other fees for expenses chargeable by law to the defendant.

SEC. 2. Be it further enacted, That it shall be unlawful for any District Attorney General of this State to consent to any judgment by which any defendant is or may be discharged except when he is acquitted, unless and until said defendant is required to pay or secure or work out in the workhouse all costs, penalties, and other fees for expenses chargeable to the defendant by law.

SEC. 3. Be it further enacted, That if any Judge pronounces any judgment in violation of the provisions of this Act, it shall be the duty of the District Attorney General to appeal therefrom to the Supreme Court.

SEC. 4. Be it further enacted, That any Judge or District Attorney General violating any of the provisions of this Act, shall be guilty of a misdemeanor in office subjecting him to removal therefrom and the Comptroller of the Treasury is authorized and directed to deduct from his salary any sum or sums that may be lost by reason of his failure therein.

SEC. 5. Be it further enacted, 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. Passed February 4, 1919.

ANDREW L. TODD, Speaker of the Senate.

SETH M. WALKER,

Speaker of the House of Representatives.

Approved February 6, 1919.

A. H. ROBERTS,

Governor.

CHAPTER NO. 10.

HOUSE BILL No. 53.

(By Mr. Leath of Anderson County.)

AN ACT to be entitled an Act to empower County Courts of the State of Tennessee to appropriate money, for the purpose of erecting suitable monuments or buildings or libraries or any other evidence of appreciation, as a memorial to the honor and memory of the living and dead American soldiers, sailors and marines, who served in the world war.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Courts of Tennessee be and are hereby authorized to appropriate by a roll-call and recorded vote from their respective County Treasuries, money to be expended solely in the erection of permanent monuments or buildings or libraries or any other evidence of appreciation of the bravery and valor of said soldiers, sailors and marines, within the respective counties, appropriating the same, but not from any special fund heretofore provided for by law, to the honor and memory of the living and dead American soldiers, sailors and marines, collectively, who served in the world war; but it is expressly provided that no sum in excess of $25,000 shall be appropriated by any one county for such purpose.

Appropriations,

out.

SEC. 2. Be it further enacted, That before any part of any such appropriation shall be paid out of any County Treasury, there shall first be filed with the County Trustee of the county making the appropriation, plans and specifications of the proposed monument or building or library or other evidence how paid of appreciation, with a detailed estimate of every cost and expense of the same, and it is further provided as an absolute prerequisite to the paying out of any part of any such appropriation that the persons receiving said appropriation, or any part thereof, shall give the Trustee detailed vouchers approved by County Monument or Building Commissioners and the County Chairman or County Judge in open

Commission

ers.

court and personally receipted in writing by the payees and duly entered of record in detail in the books of the County Court Clerk in such manner and form as to clearly and definitely show for what purpose the money was paid and to whom, etc.

SEC. 3. Be it further enacted, That when any county makes any such appropriations the County Court making it shall elect five reputable citizens, of the respective counties, over twenty-one years of age, who shall be known as the county monument or building commissioners who shall be duly sworn to faithfully discharge their duties as such, and whose duty, among other duties, shall be to superintend the erection of said monument or building under the general orders and direction of the court; and it is expressly provided that said commissioners shall, when the monument or building has been completed and delivered, forthwith make a full and complete detailed report in writing to the County court in open session which shall be spread of record in said court, accounting definitely and with detailed particulars for every dollar coming into their hands.

SEC. 4. Be it further enacted, That no part of any such appropriation shall be expended for land, fees or salaries, but shall all be used for the erection of the monument or building, and all said money shall be alone for work on and material entering into the construction of said monument or building.

SEC. 5. Be it further enacted, That any and all persons accepting the custody or control of any part of any such appropriation herein provided for, who misappropriates or aids in the misappropriation or wilful diversion of any part of the same shall be guilty of a felony and upon conviction, shall be confined in the State prison or penitentiary for from one year and a day to two years, which penalty may be commuted to six months in the work-house, by and in the discretion of the Trial Judge, and be fined fifty dollars, which when collected, shall be paid into the county school fund.

SEC. 6. Be it further enacted, That all Acts in conflict with this Act, in whole or in part, be and are