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![handle is hein.slavery/ssactstn0125 and id is 1 raw text is: 78
the facts and charges in the aflidavit of the plantiff whereby
the process is issued, it shall be the dutyof the judge or jus-
tice to receive and hear proof from either further touching
the matter in dispute; and if the court or justice shall be sat-
isfied that the plantiff, his agent or attorney, had sworn
falsely, or was mistAken, or that the causes alledged in the
affidavit were insufficient, the said judge or justice shall
discharge the person or persons so arrested from further
custody or imprisonment.
Notice or 'SEc. 3. Be it enacted, That if the plantiff, his agent or
plication for ,lis. attorney, shall live in the county where such person may be
charge, arrested, five days notice of the time and place of applying
to be discharged, shall be given him by the person so arres-
ted, and if the plantiff, his agent or attorney, live out of
the county, then ten days notice shall be given.
SEC. 4. If, upon the hearing of said application, the judge
Subsequent or justice shall discharge the person or persons so arrested
prosecntion of from imprisonment, the cause shall be prosecuted andstried
.Ile cause. and determined as if the same had been commenced by the
process of summons.
JONAS E. THOMAS,
Speaker of the House of Representatives.
L. H. COE,
Passed January 24th, 1840.] Speaker of the Senate.
CHAPTER XLI.
An Act to explain and extend the provisions of the net of 1794, chap. 1, section 32,
passed Sept. 29th, 1794.
Be it enacted by the General Assembly of the.State of
Testimnony of Tennessee, That from and after the passage of this act all
negroes, &c. the class of persons consisting of all negroes, indians,mulat-
toes, and persons of mixed blood, mentioned in the second
proviso of the 32d section of the act of 1794, chap. 1,
which this act is intended to explain, whether bond or free,
shall be taken and deemed to be good witnesses for each
other in all cases where, by the provisions of said act, they
are made competent witnesses against each other in crim-
inal prosecutions.
JONAS E. THOMAS,
Speaker of the House of Representatives
L. H. COE,
Passed December 23d, 1S39.] Speaker of the Senate,](ViewImageLocal?handle=hein.slavery/ssactstn0125&div=1&collection=&method=preview&ext=.png&size=3)