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County Formation in Acts of Tennessee > Overton County

ACTS OF TENNESSEE (Second Session) 1806, CHAPTER 27:

"An Act to reduce Jackson County to constitutional limits, & to form a new county east of the military reservation."


SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, That the county of Jackson shall be reduced to constitutional limits, to wit:  Beginning at the north east corner of Smith County, running thence east with the northern boundary of the state, to the south bank of Cumberland River, being the north east corner of the military reservation; thence south with the military line, twenty-one miles; thence south, twenty-three degrees east, so far as is necessary to leave six hundred and twenty-five square miles in the county of Jackson; thence west to the eastern boundary of Smith County, and with the same to the beginning.

SECTION 2. BE IT ENACTED, That Thomas Draper, Henry M’Kinney, Ferdinand Hamilton, William Sullivan and John Dillingham, be, and are hereby appointed commissioners, who, or a majority of them, shall have full power and authority to purchase or procure sixty acres of land, as near the centre of said county, as water and other conveniences will admit or is practicable, on some part of which shall be erected the court house, prison an stocks for the said county, upon the best terms it can be obtained, either by donation or otherwise, and to take a deed or deeds of conveyance for the same, in their own names, as commissioners in trust for the county, which shall be good or valid in law or equity, and shall vest in them and their successors in office, a complete title for the uses in this act expressed; and the said commissioners shall, by a majority, have pull power to elect any person or persons to fill any vacancies that may happen in their own body.

SECTION 3. BE IT ENACTED, That the said commissioners, or a majority of them, shall within one month after obtaining a title to sixty acres of land, as aforesaid, cause a town to be laid off thereon, to be called and known by the name of  Williamsburg, for county purposes, reserving two acres as near the centre thereof, as may be convenient, on which shall be erected the court house, prison and stock for said county, which two acres in the plan of said town, shall be denominated the public square.

SECTION 4. BE IT ENACTED, That the said commissioners, be, and are hereby authorized to sell the lots of said town at public sale, on a credit of twelve months, giving sixty days previous notice in the Tennessee Gazette, and by advertisement at six of the most public places in said county, and shall take bond and security for the payment of the purchase money, to themselves and successors in office; and the said commissioners, or a majority of them, are hereby authorized to execute in due form of law, deeds of conveyance in fee simple for the same, to each purchaser, which shall be good and valid in law to all intents and purposes, and the money arising from the sale of the aforesaid lots, shall be applied by the said commissioners to the building of the court house, prison and stocks; and they are authorized to contract with a suitable person or persons to erect the same, and the court house, to contain convenient rooms for juries, and the prison to consist of two rooms at least.

SECTION 5. BE IT ENACTED, That the said commissioners shall keep a fair and regular account of all monies by them received and expended, which shall be laid before the court of the said county, when demanded; and if the monies arising from the sale of said lots, shall not be sufficient to defray the expences [sic] of sixty acres of land, and erecting the court house, prison and stocks thereon, the court shall have full power by a county tax to make up the defieiency [sic]:  PROVIDED, that two thirds of the acting justices are present when the taxes are laid: AND PROVIDED ALSO, That the said tax shall not exceed twelve and one half cents on each white poll: not exceeding twenty-five cents on each blackpoll;  not exceeding one dollar upon each stud horse kept for mares; not exceeding twelve and one half cents on every hundred acres of land; not exceeding five dollars on each merchant, pedlar or hawker, in any one year; which tax shall be collected in the same manner, and by the same persons, as public taxes are; and the monies arising from the taxes shall be paid by the collector thereof, first deducting the same per cent. as is by law allowed for the collection of public taxes, into the hands of the aforesaid commissioners, or a majority of them, to be applied to the purposes aforesaid.

SECTION 6. BE IT ENACTED, That the aforesaid commissioners shall give bond with sufficient security, in the sum of five thousand dollars, payable to the chairman of the court of said county, and his successors in office, conditioned for the faithful performance of the duties enjoined on them by this act.

SECTION 7. BE IT ENACTED, That the courts of pleas and quarter sessions for the county of Jackson, shall have power to compel the said commissioners to lay before them, as soon as said buildings are finished, a fair and regular statement of the costs and expenses of the said purchase and buildings, together with their receipts for disbursements, and shall allow them a reasonable compensation for their services: PROVIDED, a majority of said court be present when said allowance is made, and shall give them a certificate for the same, signed by the clerk thereof, which shall be paid by the county as aforesaid.

SECTION 8. BE IT ENACTED, That a new county be, and is hereby established by the name of Overton, on the east of Jackson County, bounded as follows: Beginning at the north east corner thereof, where Cumberland River enters the state; thence south twenty-one miles; thence south, twenty-three degrees east, parallel with the upper boundary of Jackson County, about four miles to the wilderness road leading from Walton's Ferry; thence along the said road to the western boundary of Roane County; thence northwardly along the same, to the north boundary of this state; thence along the same west, to the beginning, including the territory within the bounds specified in the petition of the inhabitants resident therein, exhibited to the General Assembly at this session, which bounds so specified in said petition, begin as above, and run south twenty-one miles; thence south, twenty-three degrees east four miles; thence east twenty-five miles; thence north twenty-three degrees west four miles; thence due north twenty-one miles, to the north boundary line of this state; then west with the same to the beginning.

SECTION 9. BE IT ENACTED, That the first court to be held for the county of Overton, shall be held at the house of Benjamin Totton, and all subsequent courts until altered by law, shall have and exercise similar powers with any other county court in this state.

SECTION 10. BE IT ENACTED, That all elections for members of the General Assembly, the governor, and members of congress, shall be held at the court house, or place of holding court in said county, on the days on which elections for such purposes are authorised to be held; and the sheriff of the county of Overton, shall meet the sheriff of Jackson County, at the court house of said county of Jackson, on the succeeding Monday, and with him examine the respective polls of election for both counties, and declare the person who may have the greatest number of votes duly elected to the General Assembly, and give certificates accordingly; and it shall be the duty of said sheriff, to transmit a statement of said polls of election for governor and members of congress, to the speaker of the senate, in the same manner as directed by law.

SECTION 11. BE IT ENACTED, That it shall be the duty of the sheriff of the county of Overton, to hold an election at the place of holding court, on the first Thursday and succeeding day in February next, for the purpose of electing one colonel and two majors for said county, under the rules, regulations and restrictions, as are prescribed by law for the election of such officers.

SECTION 12. BE IT ENACTED, That the election for company officers for said county, shall be held at their respective muster grounds, on the third Thursday in February next, in the same manner and form as is appointed by law for electing company militia officers.

SECTION 13. BE IT ENACTED, That it shall be lawful for the sheriff of Jackson County, to collect the taxes for the year eighteen hundred and six, and all arrearages of taxes for any preceding year, and in the same manner, and with as full authority, as if this law had never been passed.

SECTION 14. BE IT ENACTED, That the county of Overton shall be in all cases whatsoever, considered as part of the district of Winchester.



Passed on September 11, 1806

 

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