TNGenWeb Project

Tennessee’s First Major Land Law
The Surveyors’ Districts
~ 1806 ~

Chapter 1

An Act directing the division of the State into convenient Districts, for the appointment of principal Surveyors thereof, and for ascertaining the bona fide claims against the same, agreeable to an Act of Congress passed the eighteenth day of April, one thousand eight hundred and six, entitled, “An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands thereto described, and to settle the claims to the vacant and unappropriated lands within the same.”

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That two registers of the land office shall be appointed by joint ballot of both houses of the general assembly; they shall hold their offices during good behavior, and before they enter upon the execution thereof, shall severally, before some one of the judges of the Superior Courts of law and equity, take and subscribe the following oath:

I, A. B. do solemnly swear or affirm that I will faithfully, impartially, and justly perform the duties of my office of register, according to law, and the best of my skill and judgment: And they shall also, before one of the judges aforesaid, enter into bond with ten sufficient securities, in the sum of fifty thousand dollars each, payable to the governor and his successors in office, conditioned for the faithful discharge of all the duties imposed on him by law; which bond the said judge shall lodge in the office of the secretary of state. One of said registers shall keep his office at the seat of government, who shall be denominated the register of the land office of East Tennessee; and one shall keep his office at Nashville, and shall be denominated the register of the land office of West Tennessee.

SEC. 2. Be it enacted, That the state shall be divided into six districts exclusive of the district south of French Broad and Holston in each of which one principal surveyor shall be appointed by joint ballot of both houses of the legislature, whose duty it shall be to engage a sufficient number of skillful surveyors as deputies, who shall be confined to the districts in which they are appointed, and for whose conduct, in all points touching his office, the principal surveyor shall be answerable; each principal shall have authority to frame regulations and instructions for the government of his deputies; to administer the necessary oaths, and to remove them for negligence or misconduct in office: each principal surveyor shall, before he enters upon the duties of his appointment, take and subscribe before one of the judges of the superior courts of law and equity, the following oath, to wit: I, A. B. do solemnly swear or affirm, that I will faithfully, impartially, and justly perform the duties, of my office as principal surveyor, according to law, and the best of my skill and judgment. SO HELP ME GOD.

And he shall also, before one of the said judges enter into bond with ten sufficient securities, in the sum of fifty thousand dollars, payable to the governor and his successors in office, conditioned for the faithful discharge of all the duties imposed on him by law; which bond the said judge shall lodge in the office of the secretary of state; and each deputy surveyor shall likewise, before he enters upon the duties of his appointment, take the oath prescribed by his principal, before some justice of the peace, in presence of such principal, and enter into bond, with such security as his principal shall deem sufficient, for the accurate and faithful discharge of his duty. And each chain-carrier shall, before the principal or deputy surveyor take an oath that he will truly and impartially measure every line, of which he is chain carrier, and render a true account thereof to his surveyor.

SEC 3. Be it enacted, That the several districts hereinbefore directed to be laid off, shall be bounded and distinguished in the following manner, to be laid off, shall be bounded and distinguished in the following manner, to wit: One to be bounded by the lines described in the seventh section of an act of North-Carolina, passed on the seventeenth day of May, in the year one thousand seven hundred and eighty three, entitled, “an act to amend an act, entitled, an act for the relief of the officers and soldiers in the continental line, and for other purposes,” which shall compose a district, and shall be known and distinguished by the name of the first district.

One other district to begin eighteen miles west of the south east corner of the last mentioned district, to run south according to the true meridian, to the southern boundary of the state, for its eastern boundary, and to be bounded on the west and south, by the first district and the boundary of the state; which shall compose one other district, and shall be known and distinguished by the name of the second district.

One other district to begin on the northern boundary of the state at a point which shall divide by six without a fraction, and which shall be nearest to a point due north of the Flat rock on the turnpike road, leading from South-West Point to Nashville, thence south according to the true meridian to the southern boundary of the state, which shall be its eastern boundary, thence west to be bounded by the two first districts, inclusively, which shall compose one other district, and shall be known and distinguished by the name of the third district: and the three districts as above, shall be attached to the land office of West Tennessee.

One other district, to begin at the north east corner of the last mentioned district, to run east with the north boundary of the state, fifty four miles, thence south to the southern boundary of the state, or the district south of French Broad and Holston, (as the case may be) which inclusively, shall compose one other district, and shall be known and distinguished by the name of the fourth district. One other district, to begin at the north east corner of the fourth district, to run east with the north boundary of the state forty eight miles, thence south according to the true meridian, to the district south of French Broad and Holston, which inclusively shall compose one other district, and shall be known and distinguished by the name of the fifth district.

And one other district, to be bounded by the fifth district on the west, by the Virginia line on the north, and by the district south of French Broad and Holston, and the North-Carolina line on the east and south east, which shall compose one other district, and shall be known and distinguished by the name of the sixth district; and the three last mentioned districts, together with the district south of French Broad and Holston, shall be attached to the land office of East Tennessee.

SEC. 4. Be it enacted, That each of the surveyors by this act appointed and recognized, shall, without delay, cause the part of the land within his district, to which the Indian claim has been extinguished, to be divided by north and south lines, run according to the true meridian, and by others crossing them at right angles, so as to form sections as near six miles square, as the case will admit, unless where the line of the late Indian purchase, or any other exterior boundary may render it practicable, and then this rule shall be departed from no further, than such particular, circumstances may require. The corners of the sections shall be marked with progressive numbers from the beginning--each distance of a mile between the said corners, shall also be distinctly marked, with marks differing from those of the corners--and the lines of the sections distinguishing by marks differing from other lines; and it shall be the duty of the surveyors respectively, to cause to be marked on a tree near each corner made as aforesaid, and within the section, the number of each section; and the said deputies shall carefully note in their respective field books, the names of the corner trees marked, and the numbers so made.

SEC. 5. Be it enacted, That each principal surveyor shall cause to be connected with some line of a section, every survey within his district, upon which a grant has issued, as far as it is practicable; he shall also cause to be surveyed each location made by virtue of a bona fide land warrant legally issued, and which has been located to any particular spot of ground so described as to be ascertained with certainty.

And the surveyor is hereby required to observe the following rules, If the warrant of survey designates any spot of notoriety as a beginning, the calls of which are special, the survey shall conform thereto, and all surveys shall be made agreeable to the laws in force and use in this state at the time, of passing the cession act: Provided, the person claiming right to the same, shall produce to such surveyor, when so made, together with the former surveys which may be ascertained as before required, shall be placed in their proper places in the general plan of the district by this act directed to be made.

SEC. 6. Be it enacted, That after ascertaining the claims as aforesaid, the principal surveyor shall cause to be laid off and surveyed with plain marked lines, six hundred and forty acres of land, in one or more tracts which shall be fit for cultivation and improvement, and which shall be as near the center of each section as existing claims and the quality of the land will admit, which shall be appropriated for the use of schools for the instruction of children forever, agreeably to the provisions of the before recited act of congress; which also shall be placed in their proper places in the general plan. And in any section where it may appear that there is not land sufficient fit for cultivation for the use aforesaid, the surveyor shall certify the truth of the case, to the next general assembly, in order that the legislature may make provision for every such section, which may be in the whole or in part deficient. All surveys shall be closed by lines plainly marked upon trees, and measured with chains containing two perches of sixteen feet and one half each, adjusted to a standard to be kept by the principal surveyor for that purpose. Every surveyor shall note in his field book all water courses and public roads over which the line he runs shall pass, and the quality of the land, and mountains touched or crossed by a line or lines of the sections, and make return thereof to the principal surveyor, who shall there from, together with the division of his district, into sections, and the surveys of appropriated lands whether ancient or new, made as before required, and which may hereafter be made according to law, make out a correct plan or map of his district, to be platted by a scale of four hundred poles to the inch, placing thereon each section, appropriated survey, the public roads, water courses, and number of the sections, corresponding with the numbers directed to be marked on the trees, with a sufficient margin in which he shall distinctly mark the quality of the lands, and upon each line distinguishing the same by colors, descriptive of the quality; one fair plat of which shall always be open in his office, for the inspection of any person who may have interest in obtaining knowledge of the same; and one fair plan thereof he shall cause to be deposited in each of the offices of the registers of the land office, at the seat of government and at Nashville.

SEC. 7. Be it enacted, That it shall be the duty of each principal surveyor to enter into a book kept for that purpose, a list of all warrants, or such other legal evidences of claims to lands as shall be duly certified to be valid by the board of commissioners hereafter appointed by law, to investigate the same, with the names of the assignor or assignors, (if any) expressing also the number of the warrant, the number of acres contained in each warrant, in columns, opposite to the owners names, and leaving one blank column to be filled with the number of the location, which shall be drawn by lot in manner and form following:

Tennessee Land Law Graphic


SEC. 8. Be it enacted, That the surveyor south of French Broad and Holston, shall keep his office at Sevierville.--The surveyor of the first district shall keep his office at Nashville. The surveyor of the second district shall keep his office at Jefferson. The surveyor of the third district shall keep his office at Alexander's. The surveyor of the fourth district shall keep his office at Kingston. The surveyor of the fifth district shall keep his office at Knoxville. And the surveyor of the sixth district shall keep his office at Jonesborough. And the surveyors herein directed to be appointed, are hereby required and directed to give due attendance at their respective offices at all times, in order to perform the duties by this act imposed upon them.

SEC. 9. Be it enacted, That the drawing for the numbers of the locations, as in manner prescribed by the seventh section of this act, shall commence at the respective offices of the surveyors, in a public manner, on the first Monday of August next, at ten o'clock, ante meridian, the tickets shall be neatly cut, of clean paper, of equal size, and plainly numbered with progressive numbers, beginning at the number one, and equal to the whole number of warrants and other evidences of claims listed as required by the said seventh section; and the said tickets shall be separately and alike folded and promiscuously put into a box, and drawn by some disinterested person, and the numbers so drawn, shall be placed in the blank column against the names of the persons who have listed their claims as above, in the order they and on the said books; and the surveyor shall proceed immediately after the priority of the locations are determined by lot as aforesaid, to enter the same in a book kept for that purpose, in manner herein after directed; Provided, every person having right to a location shall render the same to the surveyor to be entered on his book agreeably to number; otherwise the surveyor shall enter it at the time so rendered.

SEC. 10. Be it enacted, That every person having a land warrant duly certified to be valid as by this act required, and being desirous of locating the same on any particular waste or unappropriated land, shall lodge such warrant with the principal surveyor of the district wherein the said lands may lie, who shall give a receipt for it is required, and shall enter a list of the same, in manner before directed: Provided, the said warrant is lodged with him before the opening of his office for receiving of locations, or at the time of making such location; and the party shall direct the location thereof so specially and precisely beginning on one of the lines of the section, or some part of the existing claims within the same, and therein expressing the number of perches the first line shall extend, so that the surveyor may be enabled to lay the same down with precision, before the survey of the same is actually made, which the said surveyor is hereby required to place in its proper place, without delay, that the vacant residuum may appear, within each section in his district; and it shall be the duty of the surveyor aforesaid, upon application to him made by any person who has a legal warrant, and desirous to enter the same within his district; to give unto the person so applying, the true number of perches required in the first line so given, to include the quantity of acres called for in said warrant, proportioned as the said applicant may require: Provided, that in no case the length of any tract of land shall exceed double its breadth unless the same shall be bounded and confined by existing claims; and the location aforesaid shall bear date, the day on which it shall be made, and shall be entered by the surveyor in a book to be kept for that purpose, in which there shall be left no blank leaves or spaces between the different entries; and if several persons shall apply with their warrants at the office of any principal surveyor, at the same time, the surveyor shall settle the right of priority between such persons, by lot, and it shall not be lawful for any surveyor to admit an entry for land, without a warrant duly certified to be valid by the board of commissioners according to law.

SEC. 11. Be it enacted, That every principal surveyor shall cause without delay, to be surveyed, all lands entered for in his office; and shall, within three months at furthest, after the survey is so made, record the plats and certificates thereof at full length, in a bound book to be kept for that purpose, and shall at any time thereafter, deliver to the person having interest in the same, or his order, a fair and true plat and certificate of the same, the quantity contained, the county, district, and section in which it lies, the kind of warrant and rights it is founded upon, the courses and descriptions of the several boundaries, natural and artificial, ancient and new, and also the name of every person whose former lines make a boundary.

SEC. 12. Be it enacted, That the said plats and certificates of survey shall be examined and tried by the principal surveyor, whether truly make, and legally proportioned as to length and breadth, and if it be in any respects contrary to law, he shall cause the same to be corrected, free from expense to the owner of the same.

SEC. 13. Be it enacted, That any surveyor whether principal or deputy, failing in any of the duties required by this act, shall be liable to be indicted in the court of the district in which he shall reside, and punished by amercement and deprivation of his office, and incapacity to take it again; and shall moreover, be liable to any party injured, for all damages he may sustain by such failure.

SEC. 14. Be in enacted, That the governor for the time being, shall once in every year, and oftener if he see cause, appoint two or more capable persons to examine the books of entries and surveys in possession of the several principal surveyors, and report in what order and condition they are kept, who shall deposit said report in the office of the secretary of state, for the information of the legislature; and on the death or removal of any one of them, shall have power to direct the safe keeping of such books, until a surveyor is appointed. And for preventing fraudulent grants,

SEC. 15. Be it enacted, That the register shall in no case issue a grant to any assignee of a plat and certificate of survey, unless such assignment is upon said plat and certificate of survey, certified by the principal surveyor to be a true copy, and that it is recorded in his office; which said assignment shall be proven in open court of the county where the land lies, by two credible witnesses, with the clerk's certificate of probate annexed thereto.

SEC. 16. Be it enacted, That if any person shall obtain a survey of land to which another hath a claim, the person having such claim may enter a caveat to prevent his obtaining a grant, until the claim can be determined; such caveat shall be entered within three months at furthest, after the receipt of the plat and certificate of survey, at the principal surveyors office, expressing also the nature of the right on which the plaintiff therein claims the land, and the quantity of part of said survey claimed, and shall take from the principal surveyor a certified copy thereof, which, within thirty days thereafter, he shall deliver to the clerk of the court of the county, in which the land, or any part thereof lies; and shall moreover take from the principal surveyor, a certified copy of the survey and plat, which, within thirty days from entering such caveat, he shall in like manner deliver to the clerk of the court, where the suit shall be tried, and in case of failure in either instance the caveat shall be void.

SEC. 17. Be it enacted, That the clerk of such court, on receiving the same, shall enter such copy of the caveat in a book to be kept by him for that purpose, and shall thereupon issue a summon directed to the sheriff of any county where the defendant may reside, reciting the cause for which such caveat is entered, and requiring the defendant to appear on the first day of the next succeeding county court, and defend his right; and on such process being returned, executed on the defendant, his agent or attorney, the court shall proceed to determine the right of the cause in a summary way, without pleadings in writing, be impannelling and swearing a jury for the finding such facts as are material to the cause, and are not agreed by the parties and shall thereupon give judgment; a copy of which judgment, if in favor of the defendant, being delivered into the office of the principal surveyor, within thirty days thereafter, shall vacate the said caveat; and if the said judgment be in favor of the plaintiff, upon delivering the same into the office of the principal surveyor, together with the plat and certificate of survey, within sixty days thereafter, he shall be entitled to a plat and certificate as in other cases; and in any caveat where judgment shall be given for the defendant, the court shall award him his costs, and may compel the plaintiff in any caveat, if they think fit, to give security for costs, or on failure thereof may dismiss the suit; and in case the plaintiff in any caveat shall recover, the court shall award costs against the defendant.

SEC. 18. Be it enacted, That the register of the land office is hereby directed and required to leave a sufficient margin in the Record Books of his office, and whenever any warrant shall be finally carried into execution by a grant, to note the same in the margin opposite to such warrant, with folio references to the grant; and also to note in the margin opposite to each grant, the warrant and survey on which such grant is founded, with proper folio references to the books in which the same are recorded; and when any grant shall have been finally completed, the register shall cause the plat and certificate of survey, on which such grant is founded, with proper folio references to the books in which the same are recorded; and when any grant shall have been finally completed, the register shall cause the plat and certificate of survey, on which such grant is founded, to be exactly entered and recorded in well bound books, to be kept for that purpose. Due returns herein before required being made into the land office, the register shall make out a grant by way of deed poll, to the party having right, in the following form:

The State of Tennessee.
To All to Whom These Presents Shall Come--Greeting.
KNOW YE, that in consideration of (reciting the ground of the claim) there is granted by the said state of Tennessee unto C. D. a certain tract of parcel of land, containing------acres, lying in------county, in------district and------section of the same, (describing the bounds of the land, and date of the survey upon which the grant issued) with the appurtenances: To have and to hold, the said tract or parcel of land, with its appurtenances, to the said C. D. and his heirs forever.

In witness whereof, A. B. Governor of the State of Tennessee, hath hereunto set his hand, and caused the Great Seal of the State to be affixed, at------on the------day of------in the Year of our Lord------, and of the Independence of the United States, the------
A. B.
By the Governor,
C. D., Secretary.

Upon which grant the said register shall endorse that the party hath title to the same; which having been signed by the governor, countersigned by the secretary, sealed with the great seal of the state, shall then be entered of record at full length by the said register, in good and well bound books, to be provided by him for that purpose; and being so entered, shall be certified by said register, to have been registered, and then be delivered to the party or his order; and where a grant shall be made to the heir or assignee of any person, claiming under the before mentioned rights, the material circumstances of the title shall be recited in such grant.

SEC. 19. Be it enacted, That the governor for the time being may, once in every year, and oftener if he see cause, appoint two or more capable persons to examine the record books, and papers in the land office, and report in what condition and order they are kept; who shall compare all warrants of survey returned to the said office executed, with the list of those issued thereupon; an account of which shall be kept by the register, charging therein those issued, and giving credit for those cancelled as aforesaid; but no original warrant shall be burnt or destroyed, but shall be regularly filed in the land office with the title papers; and no original plat and certificate of survey, once received and carried into a grant, shall thereafter be delivered out of the land office, but shall remain amongst the other evidences of the title, and in every case, when a grant is finally completed, the register shall certify upon the face of the warrant, that the same is “executed.”

SEC. 20. Be it enacted, That it shall be the duty of every principal surveyor and deputy, within this state, when executing the duties by this act required for ascertaining the existing clauses within the same, that if it shall appear to him or them, or if he or they are informed by any other person, that these is contained in any survey or grant, heretofore issued more land than the said survey or grant mentions, then and in that case such surveyor is authorized and required to re-survey such land, after giving notice of the same to the claimant; and if it shall appear that the latter survey does not exceed the former by more than ten acres in the hundred, such shall not be deemed an error; and in all cases, pursuant to the foregoing, where a re-survey shall be made, the surveyor shall proceed by the marked trees, if the same can be found, or by natural bounds if any mentioned; and if there be not marked trees, then he shall follow the courses mentioned in the plat or grant, so as the intention of the party first surveying the same, may be observed as near as may be; and if it shall happen that in any re-survey there shall be more land contained, above the quantity mentioned of ten acres in the hundred, it shall be in the choice of the owner or owners, or claimants, to locate the overplus by legal warrants, as in other cases of taking up vacant land, on paying the surveyor double fees Provided, said overplus does not exceed one fourth part of the contents of the original tract; and in all cases where the overplus does not exceed one fourth part of the grant as aforesaid, such residue shall be adjudged and declared vacant land: And provided also, the same shall be according to law entered with the principal surveyor within three months after the office may be opened for the receiving of entries, or within three months at farthest from the date of the re-survey so made, (as the case may be) otherwise the person or persons so claiming, may leave out the overplus in such part of place as he pleases, in one entire tract by straight lines run to the cardinal points, as near as circumstances will admit; and the overplus so thrown out, shall be considered as vacant land; and if such grantee, assignee, or person claiming such overplus, doth not, within the time specified aforesaid, make his election in the manner as above, either by entering and surveying the same, in the manner herein prescribed for taking up waste and unappropriated lands, or by causing the part he thinks proper to retain, not exceeding the quantity he may be legally entitled to by virtue of his former legal and bona fide grant or survey, to be laid off, and return the same to the principal surveyor to be recorded. It shall be lawful for the surveyor of the district or his deputy, and is hereby authorized and required to ascertain the bounds of said grant, beginning at the corner called for as the beginning corner of said grant or survey, and lay off the quantity therein specified, proportioning the lines of the same as nearly as may be, to those of the original survey; and the overplus is hereby declared to be at the disposal of the legislature, and subject to be taken as other vacant and unappropriated lands within this state, by the person at whose instance the same was surveyed: Provided, he makes said entry within three months after the said surplus land is laid off, or within three months after the office may be opened for the receiving of entries, (as the case may be) or by any other person who shall give notice as aforesaid; and where any grant which heretofore have issued, which does not contain the quantity of acres called for in the warrant upon which it is founded; then and in that case, it shall be lawful for the person owning such grant, to produce the same to the commissioners, who shall, upon sufficient proof, that such error does exist, issue a warrant for such deficiency, which shall entitle the holder thereof to such quantity as said certificate may demand, under the rules of law in similar cases: Provided, such deficiency shall amount to ten acres in the hundred at least.

SEC. 21. Be it enacted, That it shall and may be lawful for any person or persons who may be desirous of establishing the bounds of any lands he, she, or they may claim by virtue of any title derived under a grant from North-Carolina, or which may hereafter be derived from this state, which said title is good and valid in law, to cause the same to be processioned, in the following manner, viz: Such person or persons shall cause notice to be given at several of the most public places within the country, wherein said lines are t be processioned, at least twenty days before the same is to be performed, of the time appointed for processioning, and the corner at which he intends to begin; and he shall also notify the holders or their agents in writing, of such intention as aforesaid, if such holders or their agents reside within said county; and it shall be the duty of any surveyor appointed under the authority of this act, upon application to him made, to run, mark, and describe such tract of land agreeably to the former lines, or natural boundaries, (if any) described in such grant or deed, founded upon a grant; or if such lines have not been marked, to mark new lines agreeably to the calls of said grant or deed: (Provided, such deed or grant may have been recorded in the county where such land lies) and make a correct plat and certificate of the same, as required in other cases, and return the same to the register of said county, to be recorded at the expense of such applicant; and in any case where the lines are contested by adverse claimants, the sheriff of said county shall, upon application of either of the parties, forthwith summon a jury to try the matter in dispute, whose decision shall be a guide to the surveyor in making his return as aforesaid; and the surveyor shall be entitled to the same fees, and be subject to the same penalties as prescribed in other cases; which fees shall be paid by the person or persons at whose instance such processioning shall be made.

SEC. 22. Be it enacted, That every person or persons, or the legal representatives of every person or persons, or the rightful assignee of any of said persons, for whom, or for whose use, an entry was made for any lands within this state, in any office legally established by the laws of North-Carolina, which were not actually located west and south of the line as described in the first section of the act of the Congress of the United States, herein before referred to, on or before the twenty fifth day of February, one thousand seven hundred and ninety, and which said entries, by the laws of North-Carolina were good and valid, and on which a warrant issued on said entry, or which said entry or entries were founded on a good and valid warrant (as the case may be) and on which no grant or grants ever issued by the state of North-Carolina, shall be entitled to receive a grant from this state for such quantity of land as is called for in each of such entries respectively. And if the calls in such entry or entries are not designated in such manner that the same may be identified, such claimant or claimants, or their legal representatives, may be at liberty to remove and enter the same in any office by this act established for receiving of entries: Provided, such evidences of unsatisfied claims shall, in all cases, be adjudged good and valid by the board of commissioners hereinafter appointed.

SEC. 23. Be it enacted, That every person or persons, their legal representatives, or the rightful assignee of such person or persons, who may have fairly and bona fide, obtained from the secretary of North Carolina, any warrant for military services which, by the laws of North Carolina issued to such person or persons, or his or their legal representatives or rightful assignees, by the state of North-Carolina, shall be entitled to receive a grant from this state for the quantity of land called for in such warrant or warrants respectively.

SEC. 24. Be it enacted, That any person or persons, or the legal representatives of any person or persons, or the rightful assignee of such person or persons, who may have procured a warrant or warrants for services performed as a commissioner, or guard. &c. under an act of the state of North Carolina, entitled, “An act for raising troops for the protection of Davidson county,” or who may have obtained warrants for pre-emption rights, which warrants were good & valid by the laws of North-Carolina, & on which no grants have issued, shall be entitled to a grant from this state, for the quantity of land called for in said warrants respectively.

SEC. 25. Be it enacted, That every person or persons, or the legal representatives of such person or persons; or the rightful assignee of such person or persons, to whom a grant may have issued from the state of North-Carolina on a warrant, which by the laws of North-Carolina was good and valid, and which is taken by the interference of a grant of better title, issued from the state of North-Carolina for the same land, or for any part thereof, shall be entitled to obtain a grant from this state for the same quantity of land called for in such grant of younger title: Provided, the whole of the land in said grant be covered by such grant of better title; and if only a part thereof be covered, he shall be entitled to a grant for whatever quantity of acres which may be deficient, after deducting from the whole quantity called for in said younger title, the number of acres which may remain uncovered by such grant of better title.

SEC. 26. Be it enacted, That any person or persons, or the legal representatives of any person or persons, or the rightful assignee of such person or persons, to whom a grant or grants may have issued from the state of North-Carolina, on a good and valid warrant, the locality of which said grant cannot be ascertained, wither on account of the vagueness of the calls by the surveyor, or from the calls and corners of said survey becoming lost or destroyed, or on account of the surveyors and chain carriers being deceased, so that the marks and corners cannot be established, shall be entitled to obtain a grant for the same quantity of land called for in said grant.

SEC. 27. Be it enacted, That it shall be lawful for any person or persons, or the legal representative of such person or persons, or their rightful assignees, who may have obtained a grant from the state of North-Carolina, for any land south of French Broad & Holston, & west of Big Pigeon rivers, on any good and valid warrant, for which a bona vide consideration was actually paid, and never refunded, and on which no other grant ever issued upon the same warrant, to obtain a grant from this state, for the quantity of land called for in the warrant on which said grant issued, in any part of this state, except within the tract of country south of French Broad and Holston aforesaid, or within the military reservation; and when any person is desirous of procuring title to any vacant land, in consequence of a grant having issued for lands in that tract herein before names, it shall be his duty to exhibit his said grant within eight months, to the board of commissioners for East Tennessee, and shall therewith adduce such evidence as is required in similar cases, that said warrant is good and valid, and that the consideration thereof was actually paid and never refunded, and that no other grant hath issued on the same warrant; and if said commissioners adjudge his claim to be valid, he shall be entitled to a certificate in such form as the commissioners may deem proper.

Whereas it appears there is deposited in the secretary's office of North-Carolina, a file of military warrants, &c. accompanied with plats and certificates of survey marked No. 29, on which plats and certificates it is believed no grants have issued, which said file was examined and copied by John Overton, Esquire, late agent from this state to North-Carolina. Therefore:

SEC. 28. Be it enacted, That it shall be lawful for each person for whom any of said surveys were made, on producing a transcript of the copy taken from said file by the agent to the state of North-Carolina, or other copies of said warrants and plats, and certificates of survey, to obtain a grant from this state for the same land called for in said surveys: Provided however, that no grant shall have previously issued on said warrants, and that said warrants be good and valid, the validity of which shall be ascertained by the commissioners as in other cases.

SEC. 29. Be it enacted, That there shall be appointed by joint ballot of both houses of the general assembly, two persons, who, together with the register of the land office, for East Tennessee, shall be a board of commissioners in East Tennessee; and that there shall be appointed, in manner aforesaid, two persons, who, together with the register of the land office of West Tennessee, shall be a board of commissioner in West Tennessee, for the purpose of judging and ascertaining the validity of warrants, and other legal evidences of unsatisfied claims to lands within this state, which by this act are to be perfected into grants, under the provisions of an act of the state of North-Carolina, entitled, “An act for the purpose of ceding to the United States of America, certain western lands therein described,” and of an act of the congress of the United States, entitled, “An act to authorize the state of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same.” The said commissioners shall, previous to entering on the duties of their office, before one of the judges of the superior courts of law and equity, take and subscribe the following oath or affirmation, to wit: I A. B. do solemnly swear or affirm, that I will faithfully, impartially and justly perform the duty of my office, as commissioner for------Tennessee, according to law, and to the best of my skill and judgment. SO HELP ME GOD. It shall be the duty of the commissioners for East Tennessee, to meet at Knoxville, on the first Monday of December next; and at Jonesborough on the first Monday of January next; and for the board of commissioners for West Tennessee, to meet at Nashville on the first Monday of December nest, and after taking the oath aforesaid, each board shall appoint a clerk, who shall be a man of probity, and of competent abilities to discharge the duties enjoined on him, and who shall, previous to his entering on the duties of his office, give bond with approved security, to the governor and his successors in office, in the sum of ten thousand dollars, conditioned for the faithful and accurate discharge of all the duties imposed on him as clerk of the board of commissioners, for examining claims to lands, to which he may be appointed clerk, and shall, previous to his making any entries on the books of the board, take and subscribe the following oath, to wit: I, A. B. do solemnly swear or affirm, that I will faithfully, impartially, and justly perform the duty of my office as clerk for the board of commissioners, for------Tennessee, according to the best of my skill and judgment. SO HELP ME GOD. And the commissioners aforesaid, shall meet on their own adjournments, those of West Tennessee at Nashville, and those of East Tennessee, at Knoxville and Jonesborough, alternately.

SEC. 30. Be it enacted, That it shall be the duty of each of the clerks aforesaid, to file in his office, in regular files, all warrants and other evidences of claims to lands which may be exhibited by any person desiring a decision on the same, either during the time said board of commissioners are in session, or during the recess, and shall number the same in the order in which they were presented; and he shall enter in a book to be kept by him for that purpose, full and correct minutes of the proceedings and decisions of the said commissioners, in determining on any claim, and whether such claim be good and valid, or otherwise; and he shall preserve said record until the provisions of this act be complied with, and he shall then deliver the same to the register of the land office, for the district in which he may act.

SEC. 31. Be it enacted, That said board of commissioners shall choose one of their own body to act as president, and in case of death, resignation, or refusal to act, during the recess of the legislature, the governor for the time being shall fill such vacancy, until the next meeting of the general assembly.

SEC. 32. Be it enacted, That when said commissioners determine that the claim of any person founded on an entry or a warrant, which was not perfected into a grant, is a bona fide and valid claim, it shall be the duty of the clerk to record the same in a book to be kept for that purpose, and the warrant on which such claim is founded, shall be filed in the office of the clerk of the board of commissioners, together with the evidences thereof; and the person entitled to the benefit thereof, shall be furnished with a duplicate, which shall be signed by the president, and attested by the clerk; and it shall be the duty of said commissioners to examine that said evidences of claims are correctly recorded, and sign their names to said book of records.

SEC. 33. Be it enacted, That it shall be the duty of said president to endorse on each warrant or evidence of claim, which may be rejected, that the same is “invalid” which shall be signed by the president, and attested by the clerk, and of which a record shall also be kept in a separate book; a copy of which books shall be taken by said clerk, and deposited with the register of the land office, and the originals shall be deposited in the office of the secretary of state.

SEC. 34. Be it enacted, That it shall be the duty of each person who may hereafter be desirous of obtaining a title to any land in consequence of a grant of better title covering the land called for in his patent, or any part of said land, to exhibit to said board of commissioners for the district in which such land may lie, the said grant under which he claims title, together with the mesne conveyances vesting the title, in himself, (if he be not the grantee) together with a certified copy of such better title, which may interfere with the lines of the survey of his grant or title, which shall be accompanied by a connected plat of the said tracts, shewing the interference, which shall have been actually surveyed and platted by some sworn surveyor. And the said commissioners shall have power to call upon said claimants if they think it necessary, to prove by the oath of said surveyor, the said facts respecting said interference, and the quantity of land which will be deficient of that called for in said grant under which he claims in consequences of said interference of said better title; and the said claimant shall produce to said commissioners such other evidence and documents as is hereafter provided, to prove to said commissioners, and establish the validity of said grants or titles, and of the warrants on which they were issued; and if the claim of such be considered valid by said board of commissioners, and sufficient to entitle him to a claim for as much land as is called for in his grants, or any lesser quantity, it shall be the duty of said commissioners to issue to said claimant a certificate in the following form, and signed by the president of said board, and attested by the clerk, to wit:
This is to certify, that A. B. is entitled to enter and obtain a grant for------acres of land, (within this state) in consequence of so much of a tract granted to------by grant number------dated------day of------which issued for------acres from the state of North-Carolina, being taken by the interference of grant, number------dated------day of------from said state, for------acres, to------. Given under the band and seal of the president of the board of commissioners, for (East Tennessee, or West Tennessee, as the case may be) this------day of------in the year------.

G. H.
President of the Board of Commissioners.
Attest,
J. J., Clerk.

SEC. 35. Be it enacted, That it shall be the duty of the clerk to record in a book to be kept for that purpose, each certificate issued as aforesaid, and the said grant shall thereupon become void and of no effect, for whatever part said certificate shall issue; and if said certificate does not issue for as much land as is called for in said grant, said grant shall not be available in law, to enable the claimant to hold more land than shall be sufficient, together with the quantity called for in said certificate to complete the quantity originally called for in said grants.

SEC. 36. Be it enacted, That if any person or persons shall hereafter be desirous of obtaining a title to any land, in consequence of a grant having been issued for land, the locality of which cannot be identified, for any of the reasons herein before named, it shall be the duty of said person or persons to exhibit to the board of commissioners in that district, in which said land may lie, his said grant, with such evidence as is necessary in similar cases to establish the validity of said grant, and of the warrant on which the same issued, and to produce therewith, to said commissioners, the affidavit of the surveyor, whose duty it is to survey such claim, that the land called for in said grant cannot be sufficiently identified, to enable the claimant to hold the same, wither through the vagueness of the original survey, or on account of the original corners being destroyed or lost, or on account of the surveyor and chain carriers being dead, (as the case may be) and to adduce such other evidence as the said commissioners may require, of the truth of said facts: Whereupon, if said commissioners are satisfied that said grant is good and valid, and issued on a good and valid warrant, and that the matters of fact to be proved by said affidavit and other testimony, as before stated, are true; they shall issue to said claimant a certificate in the form following, to wit:

This is to certify that A. B. is entitled to------acres of land, in consequence of a grant, number------for------acres, dated the------day of------issued by North-Carolina, to------which grant cannot be identified so as to enable the said------to hold said land. Witness C. D. president of the board of commissioners for Tennessee, this day of
C. D., President, &c.
Test,
E. F., Clerk.


Which shall be recorded by the clerk, in books to be kept for that purpose, and the said books shall be examined and signed by said commissioners; and it shall be the duty of each of the clerks of said boards of commissioners, to transcribe said books of certificates, and deposit with the register of the land office, in his district, a copy of the same, and deposit the original in the office of the secretary of state.

SEC. 37. Be it enacted, That an act of the general assembly of this state, passed the fourteenth day of November, one thousand eight hundred and one, entitled, “An act to confirm and make good all lawful entries made, and warrants and grants issued by the state of North-Carolina, for lands lying within the limits of this state, and to authorize the secretary and governor of the same, to perfect titles on all the lawful entries made, and warrants that are not yet perfected;” and also an act of the general assembly of this state, passed the fourteenth day of November, one thousand eight hundred and one, entitled, “An act appointing surveyors and entry takers, and directing their duties in office,” be, and the same are hereby repealed: and it shall be the duty of the several entry takers appointed under the last recited act, to deposit in the office of the principal surveyor of the district, in which their respective counties may lie, their respective books of entries, on or before the third Monday of November nest; and it shall and may be lawful for any person or persons, or their assignees, who may have obtained from the office of the secretary of state, any warrant or warrants under the provisions of the first recited act, to demand and receive from the secretary of state, any warrant or warrants under the provisions of the first recited act, to demand and receive from the secretary of state, such grant on which said warrant or warrants may have issued, and exhibit the same before the said board of commissioners for examination, and it shall be the duty of said commissioners to examine the validity of said grant, and of the warrant on which the same issued, and the validity of the claim of said claimants, in the same manner as is provided by this act for examining other claims founded on interfering grants; and it shall be the duty of said claimant to produce the same kind of testimony, as in said cases of conflicting titles: and if said commissioners shall be of opinion said claim is valid, it shall be the duty of the president of said board, to endorse the same on said warrant or warrants, in the same manner as is ordered to be done in other cases, and in case said claim is adjudged valid as to part of said warrant, issued as aforesaid, it shall be the duty of said president and board to make a similar endorsement on as many of said warrants (in case they have been divided) as will include the quantity of acres adjudged valid; and in case said warrant shall have been issued entire, or be for more land than that part of said claim which shall be adjudged good and valid, then said president shall endorse specially on said warrant, the quantity of land which said claimant may hold by virtue of his warrant, and how much of the same is rejected; and endorse on the balance of said warrants that they are rejected, or that part of the same is rejected: All of which said warrants shall be recorded, together with said certificates, by the clerks, in bound books, kept for that purpose, and said valid warrants shall be filed by said clerks, and duplicates thereof issued to the owners, which books shall be examined, and be signed by the commissioners, and one copy thereof be deposited in the office of the register of the land office, for the district where the same may be examined, and the other in the office of the principal surveyor of the district in which their respective counties may lie.

SEC. 38. Be it enacted, That it shall and may be lawful for any person or persons who may have made an entry in the office of the entry taker of any county, in pursuance of said last recited act, and who may have filed his warrant with said entry taker; to demand and receive the same; and said warrant shall be subject to be examined by said commissioners, under the same rules and restrictions as other warrants and grants; and the said person who may have made an entry for any special piece of ground, shall be entitled to a preference for the term of six months from the time of opening the land office for receiving entries, to enter the same warrant, on the same piece of ground, provided said warrant be adjudged valid by the commissioners: And if the said warrant shall be adjudged invalid by the said commissioners, such person shall be entitled to a preference for the term aforesaid, to enter the same piece of ground upon any good and valid warrant, or the same warrant of survey: Provided, the said warrant be adjudged valid by the commissioners: And if the said warrant be adjudged invalid by the said commissioners, the said person shall be entitled to a preference for the term of six months after the opening of an office, to enter the same piece of ground on any good & valid warrant.

SEC. 39. Be it enacted, That any person or persons, who may have made an entry or entries, in the office of Martin Armstrong, by virtue of a service right, and who shall have entered the same as assignee of the said Martin Armstrong, such person or persons shall be entitled to a preference for the term of six months, after the opening of an office, to enter the same piece of ground upon a good and valid warrant.
SEC. 40. Be it enacted, That it shall and may be lawful for any person or persons, or the legal representatives, or rightful assignees of such person or persons, holding a warrant or part of a warrant heretofore divided, or other evidence of claim to lands within this state, which shall be adjudged to be good and valid, as by this act required, to enter, by virtue of the same, for one or more tracts of vacant and unappropriated lands in any one of the offices principal surveyor by this act established for receiving of entries. And it shall be the duty of such principal surveyor, in such case, to cause to be recited in each entry so made, that the same is on part of said warrant, expressing the number thereof, the quantity of acres it calls for, and the part thereof which remains to be satisfied; he shall also make an abstract of each entry so made on the warrant, which warrant may accompany the first plat and certificate of survey, made by virtue thereof, to the register's office, and there remain as a check upon such claims as are founded thereupon.

SEC. 41. Be it enacted, That it shall and may be lawful for any person or persons, or the legal representatives of such person or persons, or the rightful assignee of such person or persons, who may have made an entry for any vacant and unappropriated lands within this state, in the office of any entry taker, in pursuance of, and under the authority of the laws of North-Carolina, and why may have fined his warrant with said entry taker, or who may have lodged his warrant with any surveyor for the purpose of having the same surveyed, to demand and receive the same of such surveyor or entry taker; and said warrants shall be subject to be examined by said commissioners under the same rules and restrictions as other warrants, and the said person who may have made an entry for any special piece of ground, shall be entitled to receive a grant from this state, for the same piece of ground, by virtue of the same entry.

SEC. 42. Be it enacted, That it shall be the duty of the clerks of the said boards of commissioners, to file in their offices, all grants and other evidences of claims, adduced to the said boards, on which shall issue any certificates for lands on account of conflicting claims, or on account of the locality of said land not being properly identified, as well as the grants which have heretofore bee filed in the office of the secretary of state, on which warrants have heretofore issued, and by the commissioners adjudged “valid;” and the president of said board shall endorse on each grant that a certificate has issued for------acres of land, and the said grant is vacated; and the said grants shall, by the said clerks, after the completion of said business, be filed in the office of the register of the land office, there safely to be kept.

SEC. 43. Be it enacted, That no grant or copy thereof, shall be received by said commissioners as evidence of the claim of any person, unless the same shall have been previously recorded in the register's office of the county where the land lies.

SEC. 44. Be it enacted, That said commissioners, when deciding on the legality and validity of warrants, which have not been perfected into grants, and when deciding on the validity and legality of grants, which are exhibited to them for the purpose of procuring a certificate, on account of a grant of better title covering any part of said land, or on account of the claimant no being able to establish the identity and locality of said grant, shall have full power and authority, and are hereby required and directed, to demand of each person exhibiting a claim, the best evidence the nature of each case will admit, to establish such parts as are necessary to be proved, according to the rules of law and evidence, and they shall have a right to call for, and cause to be procured, copies of any records or documents of any kind within this state, and to cause witnesses to be brought before them, by compulsory process, to give evidence concerning such facts as may be necessary, and to answer such questions as may be put to them.

SEC. 45. Be it enacted, That said commissioners are hereby authorized to procure from the secretary's office of North-Carolina, the books transcribed by John Overton, Esquire, the late agent to said state, which books shall be received as evidence and proper checks while examining the evidence of claims to which they apply; and if the said books cannot be procured by the said commissioners, they are hereby authorized to procure similar transcripts, which may be the next best evidence: Provided, said commissioners are satisfied that they are true transcripts from the original, and also of their safe transmition.

The evidence of the validity of claims, founded on warrants issued from John Armstrong's office, shall be copies from the books of said office, taken as aforesaid, if procured; otherwise, the next best evidence: Provided, that no warrant issued from said office shall be considered valid, if it may appear to said commissioners that the consideration has not been paid, or that a grant ever issued on said warrant, or a duplicate of the same: And provided also, that in all cases when proof is offered of the loss of the original warrant, and a duplicate is produced as evidence of claim, said duplicate shall not be adjudged as evidence of a valid claim, unless proof be adduced that no grant ever issued on a warrant of the same number. The evidence of Adair’s and Hardin’s warrants may be the entry deposited in the office of the secretary of this state. And a copy procured from a transcript of the entry books of Carter's office, which is deposited in the office of the secretary of state of the United States, and which is now in possession of the legislature, shall, and is hereby declared to be evidence of claims founded on entries in said office. Which said copies of Carter’s, Adair’s and Hardin’s entry books, shall be in possession of the board of commissioners for East Tennessee district, whilst they are sitting: Provided, that it shall be the duty of said commissioners to examine and ascertain that no other grant issued on the same warrant. The evidence of pre-emption, commissioner and guard rights, may be the entry book in the hands of Nathan Ewing, which the commissioners are authorized to require whilst they are sitting: but in this, as in all other cases, it shall be the duty of the commissioners to examine and ascertain that no grant hath issued on the same claim, when the said entry book and copies from North-Carolina (if procured) or any other document in their power, will ascertain the same. The evidence of claims of Evans's battalion, may be the abstract formed by the late agent to North Carolina, if it can be procured, otherwise such other evidence as the commissioners may judge best in each case. The evidence of the validity of claims founded on military warrants, may be the transcript taken by the late agent as aforesaid, it procured, otherwise such testimony as the said commissioners shall judge sufficient to detect frauds, and prevent grants from issuing on invalid warrants, formerly perfected into grants.

SEC. 46. Be it enacted, That a transcript of the report of Messrs. Gaither, Graham and Locke, taken from the records in North Carolina, by our late agent, touching frauds, committed in said office, be considered as a record of the state, and remain in the secretary's office, and that a copy of the same be taken and used by each board of commissioners while in session, as evidence applicable to cases therein referred to: Provided however, that the same be not conclusive in case any person exhibiting a claim, to which said report has allusion, can produce satisfactory proof that the same is a good or valid warrant or claim, and obtained on a bona fide consideration.

SEC. 47. Be it enacted, That the said commissioners shall have power to administer an oath to any person exhibiting a warrant or claim for lands before said commissioners. to ascertain whether the said claim is intended for his own proper use, or in trust for any other person, and enter the same on the records of their proceedings; the object of which is to enable the commissioners to judge what kind of testimony ought to be adduced by said claimant: Provided, that nothing in this act contained, shall be so construed as to authorize the removal of any claim whatever, which was actually located west & south of a line as described in the first section of the act of the congress of the United States herein before referred to, so as to enter the same in any office by this act established: And provided also, that nothing herein contained shall authorize the entering for any land south of Holston & French Broad & between Big Pigeon & Tennessee rivers: And provided also, that nothing herein contained shall be so construed as to authorize and any person who may have obtained a grant by virtue of a removed warrant, or removed entry, as the case may be, to claim the lands from which the same was so removed.

SEC. 48. Be it enacted, That every person claiming lands in this state, by virtue of any grant derived from the state of North Carolina, which has not heretofore been recorded in this state, shall, before the first day of June, in the year one thousand eight hundred and seven, deliver to the register of the county in which such land may lie, his grant, or a certified duplicate thereof, for the purpose of being recorded, and on failure thereof, the same shall become void, and the grantee or assignee, forever thereafter be barred; nor shall any grant, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any court within this state, against any grant derived from this state: Provided, that no grant, or duplicate thereof, which has been previously registered in this state according to law, shall be subject to any tax on being registered according to any of the requisitions of this act.

SEC. 49. Be it enacted, That every person claiming lands in this state, by virtue of entries of lands, rights or locations, and warrants of surveys, and all interfering locations, which might be removed by the act of cession of the state of North-Carolina, and which are good and valid in law, and which were not actually located within the limits of the tract reserved by the congress of the United States, before 25th day of February, one thousand seven hundred ninety; and all interfering grants which are good and valid in law, and which have been located within the territory ceded to the state of Tennessee, by the act of congress aforesaid, shall, on or before the first day of June, in the year one thousand eight hundred and seven, file the said evidences of their claims with the clerk of the board of commissioners for East or West Tennessee, (as the case may require) for the adjudication of the said board; and on failure thereof, such claimant or claimants shall be forever thereafter barred.

SEC. 50. Be it enacted, That the registers of each county in East Tennessee, shall, on or before the first day of March next, deposit with the board of commissioners in East Tennessee, a correct transcript of all the grants that may have been recorded in his office, for lands within the district of East Tennessee; and it shall be the duty of the registers aforesaid, on or before the day aforesaid, to deposit with the board of commissioners in West Tennessee, a correct transcript of all grants that may be recorded in his office, for lands within the district of West Tennessee. And it shall be the duty of the registers of each county in West Tennessee, to deposit, on or before the day aforesaid, with the commissioners of West Tennessee, a correct transcript of all the grants that may have been recorded in his office, for lands within the district of West Tennessee. And the said registers are moreover required, as far as it is in their power, to attach to said transcripts the number of the warrant, and nature of the claim on which each grant issued, the date of the survey, and the names of the surveyors, chain carriers and markers; and all the good citizens of this state are hereby directed to render unto the said registers their grants, with the plats and certificates annexed, in order that the said certificates may be transcribed, and deposited with the said board of commissioners in due time, that they may be thereby enabled to identify the lands called for in each grant, to detect frauds, and render justice to the state and each individual thereof. And the commissioners aforesaid, after completing the duties assigned them, shall cause the transcript aforesaid to be deposited in the office of the register for the district in which such lands may lie.

SEC. 51. Be it enacted, That it shall hereafter be the duty of the registers of each county within this state, to record with the grant the certificate of survey, together with the names of the surveyor & chain carriers, for which he may demand & receive twelve & one half cents for each certificate over & above the present legal fees, to be paid by the party at whose instance the grant is recorded. And the said registers shall be entitled to receive from either of the treasurers of this state, for each transcript, four and one half cents, over and above the same. And the said register shall moreover, from time to time, transmit to the respective boards, a transcript of all grants and certificates of survey, by them recorded after the date aforesaid, and before they may have completed the duties assigned them, for which they shall be entitled to the same fees as aforesaid.

SEC. 52. Be it enacted, That it shall be the duty of the principal surveyor in each district, on or before the twenty-fifth day of December next to transmit to the register of each county within his district, a list of the claims that may have come to his knowledge within his county, stating the owners names, of whom assignee, if within his knowledge, and whether it be held by entry, survey, grant or deed, and also the number of the section and range it may be in; and in the month of December, in every year hereafter, it shall be the duty to said surveyor, in like manner, to transmit to the register of each county as aforesaid, a similar list of such lands as may be entered in his office, or otherwise come to his knowledge: Provided, such tract or tracts may not have been stated to such register in any former list. And the said surveyors shall be entitled to demand and receive from either of the treasurers of this state, four cents, for each tract furnished such register, upon a statement of his account; which account shall be duly liquidated and certified by the register of such county.

And it shall be the duty of each county register, in the month of January in each year, to furnish the commissioners for taking a list of taxable property, a list of all lands within the section or sections of which said commissioners may be appointed to take the taxable property.

SEC. 53. Be it enacted, That the principal surveyor shall be allowed the following fees for the several services he is by this act required to perform, and for which no provision is made: For running and marking the lines of the sections as by this act required, two dollars for each mile so run and marked; for each six hundred and forty acres of land laid off for the use of schools, as by this act required, six dollars; which said sums shall be considered as full compensation for the services rendered by the surveyor, and his chain carriers and markers; For each tract of land accurately connected with a line of some section, and laid down in the general plan, as by this act directed, twelve and one half cents; which said several sums the principal surveyor may state and claim, subject to be liquidated by the register, who is hereby authorized and required to liquidate the same; which said statement and settlement, the register shall record in his office, and issue a warrant or warrants to the full amount of the said account, which shall authorize the said surveyor to lay off, or cause to be laid off for the use, on any vacant land, a quantity equal to the amount of the sum due him, at the rate of two dollars per acre, for which he shall be entitled to receive a grant or grants from this state, in the same manner as prescribed in other cases.

SEC. 54. Be it enacted, That it shall be lawful for the clerks of the boards of commissioners, the register of the land office, and the surveyors respectively, to demand and receive the several fees herein after mentioned and allowed, for any business by them respectively done by virtue of their several offices, and no other fees whatever, that is to say:

To the Clerks,
For each day he attends the commissioners, three dollars per day, and for copying the records of said commissioners, at the rate of three dollars per day for each day he may be engaged therein, to be paid in the manner pointed out by this act for paying the commissioners, and all other services rendered by said clerk, as such, shall be done by virtue of his office.

To the Register,
For receiving a plat and certificate, and giving a receipt for the same, fifty cents.
For issuing and recording a grant, one dollar.
For recording a plat and certificate of survey, fifty cents.
For a copy of any grant of land, twenty-five cents.
For every search for any thing, or for reading the same, if a copy be not required, twelve and one half cents.

To the Surveyor,
For every survey by him plainly bounded, as this act directs, where the survey shall not exceed three hundred acres, two dollars.
For every hundred acres exceeding that quantity in the same tract, fifty cents.
For every re-survey of lands, upon which a grant has issued, the beginning whereof can be established, and lines thereof not closed, or more than two corners made, the same fees as for an original survey. For recording a plat and certificate, as by this act directed, fifty cents.
For a copy thereof, duly certified to be recorded according to law, fifty cents.
For information to any applicant, as required by the tenth section of this act, twelve and one half cents.
For running dividing line between any counties, to be paid by such respective counties equally, if ten miles or under, twenty dollars.
For every mile above ten, two dollars.
For receiving and listing a warrant, as by the seventh section of this act required, and giving a receipt for the same, twelve and one half cents.
For making entry for land, fifty cents; or for a copy thereof, twenty-five cents.

SEC. 55. Be it enacted, That each of the commissioners to be appointed by this act, for the purpose of judging and ascertaining the validity of warrants, and other legal evidences of unsatisfied claims within this state, shall be entitled to receive the sum of four dollars for each day they may be necessarily employed therein, and the same sum for every thirty miles he shall travel going to, and returning from the places appointed for the board to meet, to be paid by either of the treasurers of the state, upon a warrant from the governor, who is hereby authorized to issue the same upon the application of the said commissioners, accompanied by a statement of their accounts.

SEC. 56. Be it enacted, That the proceeds of the sales of the occupant claims, south of French Broad and Holston, other than those that may be within the lands to be located for the 'use of Colleges, Academies and Schools,' or a much of the first collection thereon, as may be necessary to meet the expenses by this act incurred, be, and the same is hereby appropriated for the same.

SEC. 57. Be it enacted, That every person obtaining a warrant, or certificate under any interfering grant, or any grant on account of the locality thereof, not being ascertainable, shall pay to the clerk of the board of commissioners, a tax at the rate of twenty-five cents for each hundred acres contained in each warrant or certificate, which tax shall be accounted for, and paid into the public treasury of the district where such warrant or certificate is obtained under the same rules and regulations, that the clerks of the several counties are obliged by law to pay and account for public taxes.

SEC. 58. Be it enacted, That it shall be the duty of the commissioners for East and West Tennessee, or a majority of them, to meet at Knoxville on the third Monday of October next, for the purpose of consulting on the manner of investigating the evidences of claims which may be exhibited to them for adjudication, pursuant to this act, in order that uniformity may be preserved in their decisions; and when so convened, it shall be their duty to take such measures as they may judge advisable to procure the transcripts and documents from North-Carolina, taken by John Overton, esquire, late agent to said state, or similar transcripts, if those cannot be obtained, provided said commissioners are satisfied of their safe transmition.

SEC. 59. Be it enacted, That it shall be lawful for each register and principal surveyor, or surveyor general, to employ at his own expense, such clerks or assistants as may be necessary in his office, for whose conduct he shall be accountable, & each of such clerks or assistants, before he shall be permitted to do any business for or in behalf of such register of surveyor, relative to the duties of his office, shall, before some justice of the peace, take an oath or affirmation, well, truly and faithfully to perform the duties enjoined on him so far as he shall be entrusted by said register or surveyor, to the best of his skill and abilities, according to law.

SEC. 60. Be it enacted, That the several lines and forfeitures herein laid, given or inflicted, and not otherwise provided for in this act, shall be recoverable before any jurisdiction having cognizance thereof, by action of debt, one half to the use of the informer, or person who will sue for the same, and the other for the use of the county where such recovery shall be had. And the bonds directed to be given by the registers and surveyors, by virtue of this act, shall not be void on the first recovery, but shall be liable to be sued upon by any person or persons, who may or shall sustain injury by the misconduct of any of said registers or surveyors forever.

Robert C. Foster,
Speaker of the House of Representatives,
Joseph M'Minn,
Speaker of the Senate

September 12, 1806



Notes

Our first source for this paper is Messages of the Governors of Tennessee, 1796-1821 (Volume One), Published by “The Tennessee Historical Commission,” 1952. They claim that their source was the Acts of Tennessee, 1806. Their version presents the above act in its entirety, from Section 1 through Section 60.

Our second source for this paper is a microfilm of the book, The Land Laws of Tennessee by Henry D. Whitney, published by W. H. Anderson & Co., 1893. The Whitney book version omits certain Sections. Additionally, we find that the microfilm version of the Whitney book has missed a few pages of the book. Our microfilm was purchased from the “Tennessee State Library and Archives” in Nashville Tennessee.

Please note that there were spelling anomalies between the two versions.

In the text, you will see the word, “processioned.” From Black’s Law Dictionary: “Processioning . . . A survey and inspection of boundaries formerly performed in some American colonies by the local authorities. It was analogous in part to the English perambulation (q.v.)and was superceded by the introduction of the practice of accurate surveying and recording.”

This paper was typed for TNGenWeb Project by Jo Roe Carpenter. We thank her for her good work and sharing spirit. This paper was coded in HTML by Fred Smoot. This page is © Copyrighted by TNGenNet Inc, 1999.



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