Legal consideration presentation hcs 478

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Legal consideration presentation hcs 478

That the act passed 11th day of December,established DeKalb county, but which was not published in the book purporting to contain all of the acts passed by the General Assembly of Tennessee during their regular session inis hereby declared to be in full force, and every thing done in accordance with the provisions of said act since its Legal consideration presentation hcs 478, is declared to be as valid and binding as if said act had been published in the book containing the acts passed in Said act is in the following words, viz: That a new county is hereby established of parts of Cannon, Franklin, White and Jackson counties, to be called DeKalb, in honor of Baron DeKalb, the friend of American liberty, who fell at the battle of Camden, in the war of the Revolution.

The county of DeKalb shall be bounded as follows, viz: For the due administration of justice in the said county of DeKalb, the different courts shall be holden at the house of Barnard Richardson until the seat of justice for said county shall be located, and a suitable house erected for that purpose.

The county court shall, in the intermediate time, have full power to adjourn the courts to such other place in the said county as they may deem better suited for the holding of the same, and for the public convenience, and to adjourn to the seat of justice whenever, in their judgment, the necessary arrangements are made, and all writs and other precepts returnable to either place shall and may be returned to the place to which said courts may have been removed by the county court aforesaid, and the said courts to be holden in and for said county of DeKalb shall be under the same regulations and restrictions, and shall have, hold, exercise and possess the same powers and jurisdiction as are possessed by said courts in other counties in this state.

Provided, nothing in this act contained shall be so construed as to prevent the counties of Cannon, Warren, White and Jackson from entering up judgments, or the sheriffs of said counties from selling under such judgments any lands within the bounds of said county of DeKalb for taxes, cost and charges for the present or any preceding year, nor to prevent the sheriffs of either of said counties from collecting from the citizens of said county of DeKalb any taxes due for the present or any preceding year.

It shall be the duty of the sheriff of Cannon county, with the power to appoint as many deputies as may be necessary, to hold an election in all the precincts in said county of DeKalb, on the first Friday in February next, for the election of one sheriff and Legal consideration presentation hcs 478 other county officers to which other counties in this State are entitled, whose elections are required to be submitted to the voters of the whole county; and the said officers, when elected, shall be commissioned in the same manner, and have the same powers, duties and emoluments as other officers of the same grade and denomination in other counties in this State.

In every thing pertaining to the opening and holding said election, the sheriff and his deputies, and all others assisting to hold the election in each of the districts, shall conform to, and be governed by the laws now in force, in relation to the holding of elections for members of the General Assembly of this State; and every man shall be entitled to vote in said election who shall be, at the time of voting, a citizen of said county of DeKalb, and twenty-one years of age.

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The votes polled in said election shall be compared by the sheriff on Saturday, the next day after the election, in the presence of the county and circuit court clerks, or any two justices of the peace for said county, at the house of Barnard Richardson, the place designated in this act for holding courts in said county; and if it shall appear that a majority of the votes have been given for any one place, that place shall be the county seat.

But should it appear that no one place has been voted for by a majority of all voting in the election, then the sheriff, within thirty days thereafter, shall hold another election between the two places which received the highest number of votes, having given at least ten days notice, by advertisement, as required before the first election; and whenever it shall appear that a majority of all the votes given at either election hereby authorized were in favor of one place, that place shall be the seat of justice of said county of DeKalb, and shall be called Smithville.

At the first term of the county court after the seat of justice shall have been established, as required by this act, it shall be the duty of the county court to appoint five commissioners, whose duty it shall be to procure, by purchase or otherwise, at least fifty acres of land at said county seat, for which they shall cause a deed or deeds to be made to themselves, or their successors in office, by general warranty, and on said fifty acres of land said commissioners shall immediately proceed to lay off a town, with as many streets and of such width as they may deem necessary, reserving at least two acres for a public square, and a lot sufficient for building a jail.

The said commissioners, appointed by the county court, shall sell the lots in said town, on a credit of at least twelve months, first giving due notice thereof in one or more newspaper printed in this State, and shall take bonds, with approved security, for the purchase money, payable to themselves, and their successors in office, and shall make titles in fee simple, as commissioners, to the respective purchasers of said lots.

Legal consideration presentation hcs 478

The proceeds of the sales of the lots aforesaid shall be a fund in the hands of said commissioners for defraying the expenses incurred in the purchase of the said tract of land on which the said county seat is located, and also for defraying the expenses of erecting public buildings.

The said commissioners shall superintend the building of the court house, jail, and other necessary public buildings, and shall let out such buildings as the county court in said county shall order to be built, upon such terms and conditions as the said court shall direct, and shall take bond, with sufficient securities, from the person or persons to whom the same is let, payable to themselves and their successors in office, in the sum of ten thousand dollars, conditioned for the faithful performance of his or their contracts.

The said commissioners, before they enter upon the duties of their office assigned them by this act, shall take an oath or affirmation that they will truly and faithfully execute and perform the different duties by this act enjoined on them, according to the best of their judgment; and moreover, shall enter into bond, with approved security, payable to the chairman of the county court of DeKalb county, and his successors in office, in the sum of five thousand dollars, conditioned for the due and faithful performance of the duties enjoined upon them by this act, which bond shall be deposited in the office of the county court clerk in said county, and shall not be so construed as to make one of the commissioners security for another.

The said commissioners shall keep a fair and regular statement of all the monies by them received and expended; which statement, when required, shall, from time to time, be laid before the county court. And when all the necessary public buildings are completed, the said commissioners shall, by order of the county court, pay over all surplus money to the county trustee for county purposes, and they shall be allowed by the county court a reasonable compensation for their services.

The said commissioners, in laying off the town, shall also reserve as many lots as they may deem necessary, to be given to the different religious denominations, on which to erect houses of public worship, and also a lot for a public burying ground; and said commissioners shall also reserve lots for a male and female academy, of such size as they may think necessary.

That the county of DeKalb be, and the same is hereby attached to the 13th Judicial circuit, and the courts therefor shall be held by the Judge of said circuit on the first Mondays of January, May and September of every year. That said county of DeKalb is hereby attached to the Chancery district composed of the county of Smith, and the courts therefor shall be holden at Carthage, as heretofore provided.

That the said county of DeKalb shall form one regiment, and that said regiment, in all its relations to the militia of this State, shall assume the place of the st regiment, at present in Cannon county, and shall take the number of said regiment in Cannon county.

That the field officers included in said county of DeKalb, shall meet at the house of Barnard Richardson, on the second Friday in February next, and divide said regiment into battalions and companies, and provide for electing all officers in said regiment, where there may be vacancies, in the manner pointed out, and as provided for by the militia laws of this State.HCS week 3 Team Assignment Summary of Research for Legal Project Presentation.

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