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:
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
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