TNGenWeb Project
Tennessees First Major Land
Law
The Surveyors Districts
~ 1806 ~
Chapter 2
An Act for the appointment of a Register of the Land Office, and providing for the sale
of the lands south of Holston and
French Broad, agreeably to the Constitution of this State, and the provisions of the Act
of Congress therein referred to.
SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That a
register of the land office shall
be appointed by joint ballot of both houses of the general assembly, who shall hold his
office during good behaviour, and
before he enters upon the execution thereof, shall, before one of the judges of the
superior courts of law and equity, take
and subscribe the following oath, to wit: I, A.B. do solemnly swear or affirm (as the
case may be) that I will well,
truly, and justly perform the duties of my office, as register of the land office, according
to the best of my skill and
ability. SO HELP ME GOD. And whereas, it is provided by an act of the congress of
the United States, entitled, "An act to
authorise the state of Tennessee to issue grants to certain lands therein described, and to
settle the claims to the vacant
and unappropriated lands within the same, that the people residing in the state of
Tennessee, south of French Broad and
Holston, and west of Big Pigeon rivers, provided for by the constitution of the state of
Tennessee, shall be secured in
their respective rights of occupancy and pre-emption, and shall receive titles for such
quantities as they may respectively
claim, including their improvements, not exceeding six hundred and forty acres each,
nor exceeding the quantities they have
heretofore claimed respectively, according to their conditional lines, where such have
been established, at a price not
less than one dollar per acre. In pursuance whereof:
SEC. 2. Be it enacted, That the respective claimants of lands within the limits
aforesaid, shall be entitled to
grants for their respective claims of land, at the rate of one dollar for each acre
contained within the bounds of such
claim, agreeable to their conditional lines, and not exceeding six hundred and forty
acres under each occupant claim, one
tenth part of the whole purchase of which, shall be paid on or before the first day of
March, in the year of our Lord one
thousand eight hundred and eight, and before the obtaining of a grant therefor; and the
residue in nine equal annual
instalments, the first of which shall become due and be paid on the first day of March,
in the year one thousand eight
hundred and nine.
SEC. 3. Be it enacted, That on payment of the one tenth part of the purchase money
as aforesaid, into the treasury
of the state, by the party rightfully claiming, such claimant may demand of the
treasurer aforesaid, a receipt for the
same, which receipt, the party claiming the land aforesaid, may present to the register
of the land office, and if the
amount specified therein shall be equal to one tenth part of the purchase money as
aforesaid, the register shall file the
same in his office as a check upon the treasurer, and render to such applicant a receipt
for the same; and the applicant
aforesaid, shall be entitled to, and receive a patent for such lands agreeably to the form
herein after prescribed; and in
filling up the blanks in said patent, the said register is hereby required to specify the
amount so paid, and the sum
chargeable on the land held under such grant or patent; and such grant or patent shall
not enable the party obtaining the
same, to grant, convey, or patent shall not enable the party obtaining the same, to grant,
convey, or mortgage the lands or
estate therein mentioned, otherwise than by subjecting the same to the whole amount of
principal remaining unpaid, with the
interest that may accrue thereon.
SEC. 4. Be it enacted, That when any grant shall have been finally completed, the
register shall cause the plat
and certificate of survey, (together with the assignments, if any) on which such grant is
founded, to be exactly entered.
and recorded in well bound books to be provided by him for that purpose.
SEC. 5. Be it enacted, That upon the receipt of the plat and certificate as aforesaid,
and upon the receipt of the
treasurer's receipt, for the one tenth part of the purchase money as aforesaid, 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 Y, that in consideration of the sum of paid by C.D. into the public
treasury of this state, (then reciting
the circumstances whether in full or in part, as in this act required) there is granted unto
the said C.D. a certain tract
of land containing acres (describing the bounds and courts of the land, and the date
of the survey upon which the grant
issues) with its appurtenances: To Have and To Hold the said tract or parcel of land,
with its appurtenances, to the said
C.D. and his heirs and assigns forever.
In witness whereof, A.B. Governor of the State of Tennessee, hath hereunto set his
hand, and caused the Great Seal
of the said State to be affixed, at ___ on the ___ day of ___ in the year of our Lord and of
American Independence.
A.B.
By the Governor,
C.D., Secretary.
Upon which grant the said register shall endorse that the party hath title to the same;
and it shall be signed by the
governor, countersigned by the secretary, sealed with the great seal of the state, and
then entered on record at full
length, by the said register, in well bound books to be provided by him for that
purpose, with sufficient margin to enter
the payments when due, and when made, opposite the said record, and kept by the
register; and being so entered, shall be
certified 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 any of the before mentioned rights, the
material circumstances of the title
shall be recited in such grant. It shall also be the duty of the register to enter in a well
bound book, to be kept by him
for that purpose, an exact account of all monies paid to the treasurer by virtue of this
act, and note therein distinctly
the different sums, when paid, and by whom. The register shall, at all times, on
receiving the treasurer's receipt
required by virtue of this act, enter the amount thereof to the credit of the party
obtaining the same, on the margin
opposite the register of his grant, in the manner as above, and shall moreover certify the
same if required, upon the grant
in possession of the said grantee or his assignee, corresponding with the credit entered
as aforesaid.
SEC. 6. Be it enacted, That a surveyor general shall be appointed for the district of
country south of French
Broad and Holston, and between Big Pigeon and Tennessee rivers, who shall be chosen
by joint ballot of both houses of the
general assembly; he shall hold his office during good behaviour, and before he shall
enter on the duties of his
appointment, shall, before one of the judges of the superior courts of law and equity,
take an oath, and give bond with ten
sufficient securities, in the sum of fifty thousand dollars, for the faithful execution
thereof, payable to the governor
for the time being; which bond shall be lodged in the office of the secretary, and shall
not be void upon the first or any
subsequent recovery, but be liable to be sued upon by any person who may or shall
have sustained damage, by occasion of the
misconduct of said surveyor, or his deputy or deputies.
It shall be his duty to engage a sufficient number of skillful surveyors as his
deputies, for whose conduct in
every respect, touching his office, the surveyor general shall be answerable; he shall also
assign them such divisions in
which they shall act, that the surveys may be completed on or before the first day of
September, in the year one thousand
eight hundred and seven; and all deputies so appointed, shall have power and
authority to act and to do in all things, and
to every intent and purpose as the surveyor general, except in cases otherwise provided
in this act: Provided always, that
any deputy surveyor shall be removable from office at the discretion of the surveyor
general.
SEC. 7. Be it enacted, That the surveyor hereby directed to be appointed, shall,
without delay, cause his district
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 townships of six miles square each, unless when the boundaries of his district
may render it impracticable, and
then this rule shall be departed from no further than such particular circumstances may
require.
The corners of the townships 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 townships distinguished by marks differing from those of appropriated surveys;
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 township, every
survey by this act directed to be made within his division, which is claimed by right of
occupancy and pre-emption; and
shall, immediately after ascertaining the claims aforesaid, cause to be laid off and
surveyed, with plain marked lines, six
hundred and forty acres of land, in one or more tracts, so that the same may be fit for
cultivation, which said tract or
tracts shall be described in the general plan, & shall be appropriated (agreeably to the
provisions of the before recited
act of congress) for the use of schools, for the instruction of children forever; and in any
township, where it may appear
that all the lands fit for cultivation, are claimed by rights of occupancy and pre-emption,
the surveyor general shall
certify the same to the next general assembly, in order that the legislature may
appropriate the proceeds of the sales of
six hundred and forty acres for the use as aforesaid, in each township, or so many
thereof as may be deficient.
SEC. 8. Be it enacted, That the surveyor general aforesaid, shall cause without
delay, to be surveyed, the part of
the lands within the district aforesaid, which are claimed by right of occupancy or
pre-emption, agreeably to the
provisions of the constitution of this state, and the act of the congress of the United
States, herein before referred to :
Observing the following method in the prosecution thereof, to wit:
SEC. 9. Be it enacted, That the surveyor general shall divide the district aforesaid
into proper and convenient
divisions, in such manner as he may think expedient, so that the boundaries of each
division, either natural or artificial,
may be known; and appoint one deputy surveyor for each division, within sixty days
after his appointment, who shall give
such bond and security to the surveyor general as he may deem sufficient; which bond,
when so taken, the surveyor general
shall enter at large on record, as well as the oath of said deputy, the form of which is
hereafter given. And every such
deputy surveyor shall, within sixty days at farthest, next after his appointment, proceed
to survey the lands claimed by
right of occupancy, agreeably to the constitution of this state, and the act of congress
aforesaid, at the proper cost and
charges of the said occupant, their assignees, legal representatives, or guardians of such
as are minors; it shall be his
duty to give at least ten days previous notice, by advertising the same at three of the
most public places within his
division, of the day, and the particular part of the division at which he will begin his
survey, and thereby requiring the
attendance of all persons interested, their guardians or agents, and he shall proceed
without unnecessary intermission to
survey in regular order, until he had perfected the surveying of all the claims within his
division; all lines shall be
plainly marked upon trees, and measured with chains containing two perches of sixteen
feet and one half each, and the chain
shall be adjusted to a standard kept 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 shall, as soon as it can
conveniently be done, or within sixty
days at farthest after making the survey, deliver to the surveyor general a fair and true
plat and certificate of every
such survey, the quantity contained, the county wherein it lies, the courses &
descriptions of the several boundaries,
natural and artificial, expressing the names of such natural boundaries where they have
any, and the names of every person
whose lines makes a boundary. And the surveyor general shall examine the returns of
the deputies as aforesaid, and correct
them when necessary and practicable; and where it shall not be practicable from the
return itself he shall direct a
re-survey without any additional costs to the claimant; and in every case, upon the
survey being completed, shall, within
three months, record the plat and certificate of such survey in a well bound book, by
him to be kept for that purpose.
SEC. 10. Be it enacted, That any surveyor, whether surveyor general or deputy,
failing in any of the duties by
this act required, 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 by such failure.
And when any deputy surveyor is
performing the duties in manner directed in the ninth section of this act, it shall be the
duty of each occupant, his, her
of their legal representative, or guardian of any infant, to give due attendance, and
shew their lines, (if any) or other
evidence of boundary or claims, in order to facilitate the surveying of the same; and on
failure thereof, shall forfeit &
pay to the use of the said deputy surveyor, five dollars, to be recovered by action of
debt, before any jurisdiction having
cognizance thereof.
SEC. 11. Be it enacted, That every surveyor shall, under the penalty of twenty
dollars, express and declare, in or
on the plat and certificate of each survey by him or them taken or made, the true
quantity or degree of the magnetic
needle, from the true meredian, and whether it be east or west.
SEC. 12. Be it enacted, That every deputy surveyor shall, before he enters upon the
duties to be performed under
this act, take, before the surveyor general, (who is hereby authorized to administer the
same) the following oath, to wit:
I, A.B. do solemnly swear or affirm (as the case may be) that I will well, truly, and justly
lay off and survey the claim
of each person, which I am bound by law to survey, agreeably to the constitution and
laws of this state; and that I will in
all things do and perform the office of deputy surveyor, to the best of my skill and
abilities. And every person appointed
by the deputy surveyor to carry the chain, shall, before he enters upon the duties
thereof, take the following oath: I.
A.B. do solemnly swear or affirm, that I will truly, justly, and impartially measure every
line of which I may be chain
carrier, and render a true account of the number of chains contained in each to the
surveyor thereof: Which said oath of
affirmation shall be taken before the deputy surveyor, or the surveyor general, who is
hereby authorised and required to
administer the same.
SEC. 13. Be it enacted, That every deputy surveyor to be appointed by virtue of
this act, shall, on or before the
first day of August next, make and return into the office of the surveyor general, plats
of every survey which he shall
have made in pursuance of this act, connected together in one general draft, so far as
they may be contiguous to each
other, with the courses and distances of each line; the water courses and public roads,
the mountains and the quality of
lands, on the lines of the townships truly laid down; the quantity of land contained in
each survey, and the name of the
person for whom the same was surveyed, numbering the same in numerical order.
And every succeeding year he shall make a
like return of the surveys made in the year preceding; and the surveyor general shall,
without delay, by virtue of his
office, proceed to make a correct map of the district of which he is surveyor, presenting
at one view the residuum of the
vacant lands therein; two fair plans of which shall be deposited in the office of the
secretary of this state, for the use
of the legislature thereof.
SEC. 14. Be it enacted, That every person for whom any survey shall have been
made, and recorded in the office of
the surveyor general, agreeably to the provisions of this act, shall, on or before the day
on which the first instalment
becomes due, pursuant to this act, return the plat and certificate of survey, duly
certified by the surveyor general, into
the office of the register, and on failure thereof, shall forever forfeit to the state, all right,
interest and claim that
he has, in and to the same, except such failure shall appear to have arisen through the
default of the surveyor or other
officer, or detained on account of a caveat entered against the same, or other legal
impediment, and having the rights of
infants and lunatics.
SEC. 15. For preventing surruptitious grants: 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 surveyor general to be a true copy, and that it is examined and 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 probates 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 a claim, may enter a caveat to prevent his obtaining a grant, until the claim
can be determined. Such caveat
shall be entered within six months at farthest, after the receipt of the plat and certificate
of survey at the surveyor
general's office, expressing also, the nature of the right on which the plaintiff therein
claims the land, and the quantity
and part of said survey claimed, and shall take from the surveyor general a certified
copy thereof, which, within thirty
days thereafter, 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 fore 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, by impanneling and swearing a jury, for the finding of such facts
as are material to the cause, and
are not agreed by the parties, and shall thereupon give judgment; a copy of such
judgment, if in favor of the defendant,
being delivered into the office of the surveyor general, 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 surveyor general,
together with a 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 when any dispute shall take place concerning the right
or boundary lines of any tract
or tracts of land to be surveyed, the surveyor shall not proceed to survey the same,
without the consent of both parties
claiming; and if the claimants make any agreement, or compromise respecting the
manner of running said interfering lines,
the surveyor shall proceed to survey in pursuance of said agreement, and the same shall
be forever binding on said parties;
and if no agreement can take place in one day, it shall be the duty of the sheriff of the
county, or his deputy, on being
notified of the same, by either of the parties to summon a jury who shall be forever
binding on said parties; and if no
agreement can take place in one day, it shall be the duty of the sheriff of the county, or
his deputy, on being notified of
the same, by either of the parties, to summon a jury who are unconnected with either
party by affinity or consanguinity,
who shall attend forthwith to decide the right of claim, and the manner in which said
interfering lines shall be run; and
it shall be the duty of the sheriff to summon such witnesses as either party may require,
in the bounds of his county, to
attend and give evidence to the jury touching the said dispute; and the decision of said
jury shall be the guide for the
surveyor in surveying said lines and making plats and certificates of survey for the
same; but nothing herein contained
shall prevent the party losing any part of what he claimed from entering with the
surveyor general a caveat for so much of
his claim, as has been included in the survey of the other party, under the same rules
and restrictions as are herein
provided for caveats in other cases.
SEC. 19. Be it enacted, That the said sheriff or his deputy (as the case may be) is
hereby authorised and required
to attend during the time said jury are deciding said dispute, and is hereby authorized
and required to qualify the
witnesses who are called upon to give evidence to said jury, and to administer to said
jury the following oath: You do
swear or affirm, (as the case may be) that as jurors in this dispute between A. and B. you
will decide justly and
impartially, according to evidence, to the best of your knowledge. Which sheriff shall
keep an accurate memorandum of such
jury, and their proceedings thereon, and return the same to the deputy surveyor, who is
hereby required to forward the
same, together with the plat and certificate, to the surveyor general.
SEC. 20. Be it enacted, That if the party to whom any grant shall have issued, shall
fail for the space of six
months, to pay any installments which may become due, it shall be the duty of the
register to make out a warrant, directed
to the sheriff of the county where the land may lie, directing him to collect the same,
(with the interest computed thereon
from the time it became due) from the personal property of the person from whom the
same is due; and in case he has not
sufficient personal property to satisfy the same, to proceed to sell the said land, for
which the said money became due, or
such part thereof as may be sufficient to pay the same; and the purchaser shall take said
land, subject to whatever sum may
remain unpaid of the price of said land, and the sale shall be sufficient and available in
law, notwithstanding the person
against whom said warrant issued, may have sold and assigned his right.
SEC. 21. Be it enacted, That it shall and may be lawful for the clerks of the different
counties, register of the
land office, sheriffs, or coroners, the surveyor general, and his deputies respectively, to
demand, and receive, and take,
the several fees herein after mentioned and allowed, for any business by them
respectively done by virtue of their several
offices under this act, and no other fees whatsoever, that is to say:
To the Register,
For receiving a plat and certificate, and giving a receipt for the same, fifty cents.
For issuing and recording a grant thereupon, 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 an half cents.
To the Clerks of the County Courts,
For docketing a caveat or appeal, twenty-five cents.
For a copy of the judgment thereupon, fifty cents.
For issuing a summons for defendant, twenty-five cents.
And for all other services done as required by this act, the same fees as in similar
races.
And to the Sheriff,
For summoning a jury, two dollars.
For each day's attendance during the trial, one dollar.
And for other services by this act required, the same fees as in similar cases.
To the Surveyor General,
For examining and recording a plat and certificate of survey, and certifying the same, one dollar.
For each copy duly certified as by this act required, one dollar.
For entering caveat, and filing the same, one dollar.
For copy and certificate thereon, fifty cents.
For filing judgment of court, on decision of caveat, twenty-five cents.
For each search, twelve and one half cents.
And to the Deputy Surveyor,
For every survey by him plainly bounded as this act directs, and for a plat of such
survey, where the survey shall
not exceed one hundred and fifty acres, one dollar and fifty cents; and for each acre
over one hundred and fifty, and not
exceeding two hundred and fifty, in the same tract, three fourths of a cent; and for each
acre over two hundred and fifty,
and not exceeding four hundred acres, one half of a cent; and for each acre over four
hundred, one fourth of a cent:
Provided, no survey shall exceed six hundred and forty acres.
For every line over eight, in the same tract, in one survey, occasioned by the
meanderings of water courses, each
five cents; for every line over eight, not occasioned by the meandering of water courses,
in the same tract, ten cents
each; for every experimental line, twenty-five cents; and where a surveyor shall be
stopped or hindred from finishing a
survey by him begun, he shall be paid half fees by the party requiring the same to be
surveyed: Provided, that if said
hindrance shall at any time be occasioned by the demand of an adverse claimant, that in
that case it shall subject the
person against whom the right is determined, to the payment thereof.
SEC. 22. Be it enacted, That two persons be appointed by joint ballot of both
houses of the general assembly, who,
together with the surveyor general of the lands south of French Broad & Holston, are
hereby appointed commissioners, whose
duty it shall be, to proceed without delay, as soon as the lines of the occupant claims are
ascertained, to locate and
describe by marked lines or natural boundaries, within the county of Blount, and in
parts of the counties adjoining the
same, (if necessary) in one entire tract, one hundred thousand acres of land, to be
disposed of for the use of two colleges
to be established by the legislature, in pursuance of the provisions of an act of congress,
entitled, "An act to authorise
the state of Tennessee to issue grants & perfect titles to certain lands therein described,
& to settle the claims to the
vacant and unappropriated lands within the same." And also to locate and describe by
marked lines, or natural boundaries
as aforesaid, within the county of Sevier, and in the parts of any counties adjoining the
same, (if necessary) in one
entire tract, one hundred thousand acres of land, to be disposed of for the use of
academies, one to be established in each
county in the state, by the legislature, in pursuance of the provisions of the before
recited act.
It shall be the duty of said commissioners to locate and describe said tracts of land
in such manner, and in such
places, that the same may contain at least the quantities aforesaid, (with the additional
quantity of six hundred and forty
acres, to each six miles square) of land actually claimed by occupancy, or fit for
cultivation and improvement; and the
said commissioners shall make out fair plats or drafts of said several surveys, and file
the same in the office of the
surveyor general, for the guide and direction of the surveyors who may be appointed
by the surveyor general, to survey the
lands within said tracts, who shall in all respects observe the same regulations as are
prescribed for surveying other
occupant claims.
SEC. 23. Be it enacted, That it shall be the duty of the surveyor general, to record in
two separate books to be
kept for that purpose, all surveys made in either of said tracts, keeping one book for the
surveys in each tract; and he
shall number in each book, the surveys in the order in which they are recorded, and
shall endorse on each plat and
certificate of survey, before he delivers the same to the person who is entitled to obtain
a grant, that the said survey
was made within the tract of land located for the use of colleges or academies (as the
case may be) and the person entitled
to the interest of said plat and certificate, may obtain from the office of the register a
grant, on the same conditions,
limitations and restrictions, as grants are obtained for other lands south of French Broad
and Holston, and in the same
form, with this addition, that the register shall insert in said grant, that it was issued for
lands lying within the tract
located for the use of colleges or academies (as the case may be;) and it shall be the duty
of the treasurer, to enter in a
book to be kept for that purpose, all monies paid on account of lands within the tract
located for colleges, and the amount
of the monies arising from the sale of the two tracts aforesaid, (except to much thereof
as shall be included in said
bounds for the use of schools) shall be subject to the future disposal of the legislature of
this state, in such manner,
that the interest and profits of the first mentioned one hundred thousand acres, shall go
to, and be vested in equal
moieties, in the trustees of said two colleges; and the interest and profits of the other
hundred thousand acres, shall
equally vest in, and enure to the use equally of the several academies to be established
as aforesaid, in the several
counties heretofore, or that may hereafter be established in this state.
SEC. 24. Be it enacted, That the surveyor general 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 townships
as by this act required, one dollar and fifty cents, for each mile so run and marked; for
each six hundred and forty acres
of land, for the use of schools, 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 locating and
describing the two tracts of one hundred
thousand acres each, for the use of the colleges and academies, fifty dollars; for making
a complete draft and connected
plan of his district, and depositing two copies thereof with the secretary as by this act
required, fifty dollars; which
said several sums, the said surveyor general may state and claim subject to be
liquidated by the register, who is hereby
authorised 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 said account) which shall
authorise the said surveyor to lay off for
himself within the bounds of his district, a quantity of land 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 within his district.
SEC. 25. Be it enacted, That the treasurer of the districts of Washington and
Hamilton, before receiving any
monies by virtue of this act, shall enter into an additional bond, payable to the governor
for the time being, in the sum
of one hundred thousand dollars, with security to be approved of by the said governor,
for the faithful accounting for all
such monies, and shall be allowed one per cent for receiving and safe keeping all
monies by him received under this act,
until otherwise provided for by law.
SEC. 26. Be it enacted, That the several fines and forfeitures herein laid, given, or
inflicted, and not otherwise
provided for in this act, shall be recoverable before any jurisdiction having cognizance
of the same, 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.
Robert C. Foster,
Speaker of the House of Representatives,
Joseph M'Minn,
Speaker of the Senate
September 6th, 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 26.
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.
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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