October Term 1845

 

State of Tennessee, Benton County, October Term 1845

At a County Court began and held for the County of Benton at the Courthouse in the Town of Camden on the first Monday in October it being the 6th day of said Month in the year of our Lord One thousand eight hundred and forty five & 67th year of American Independence.  There being present and presiding on the bench the worshipfuls, Esqrs. D.P. Hudson, Chairman, Samuel H. Davidson, E. Perkins, Nathan Williams, John W. Davidson, Wm. H. Smally, J.K. Thomas, Geo. W. Farmer, Thos. R. Jett, Wm. Barnes, J.D. Rushing, E. Alsop.

On Motion it is ordered by the Court that Thos. Andrews be appointed overseer of the road in room of William Wright to work from Denis Stockdale to the top of the ridge, hands as follows; William Wright, Wm. Stockdale, Denis Stockdale, Joseph Hansel, Charles Robins, Evans Boland, Cullen Wright, John Wright, G.W. McDaniel, John Legate, James Coffman and John Roads and all other hands in the bounds shall work under said Andrews on said road which is established in the 2nd Class.

Issued Oct. 7th.

On Motion it is ordered by the Court that John Cole be appointed overseer of the road in room of John McAuley to work from the Cross roads to the County line, hands as follows; John Garrett, Joseph Walker, John Walker, Stephen Garrett, Sidney Cole, Julius Cole, Joseph Cole, George Townsend, Nathaniel Townsend and all other hands in the bounds shall work under said Cole on said road which is established in the 2nd Class.

Issued Oct. 8th.

The Clerk of this Court presented a settlement Made with Berry W. Wheatly administrator of the estate of Starling Wheatly, deceased which said settlement was examined and approved by the Court and ordered to be recorded.

The Clerk of this Court presented a settlement Made with W.M. Malin, administrator of the estate of James Malin deceased which said settlement was examined and approved by the Court and ordered to be recorded.

On Motion it is ordered by the Court that James R. Childers be appointed overseer of the road in room of Charles Barnes to work from the Creek to the Camden road leading to Wyatt’s Mill, hands as follows; David Alsop, John Ragsdale, Haggard Bird, William Barnes, D.N. Shilling, Zechariah Childers and all the other hands in the bounds shall work under said Childers on said road which is established in the 2nd Class.

Issued Oct. 8th.
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October Term 1845

The Clerk of this Court presented a settlement Made with Mary Barnett, guardian of Sam Martin Barnett which said settlement was examined and approved by the Court and ordered to be recorded.

The Clerk of this County presented a settlement Made with A.J. Benton, administrator of the estate of Wilie Norman dec., which said settlement was examined and approved by the Court and ordered to be recorded.

On motion it is ordered by the Court that Robert Swift be appointed overseer of the stage road to work from Lewis Cross’s to the Carroll County line and all the hands that formerly worked under Jesse W. Elmore or in the bounds shall now work under said Swift on said road which is established in the 1st Class.

Issued Oct. 8th

On Motion it is ordered by the Court that John Garner, James Garner, C.J. Garner and Obediah Bullock be appointed a jury of Review to view and mark an alteration in the Mason Point road upon the lands of C.J. Wheatley, Obediah Bullock, W.W. Wheatlyy, Geo. Phifer, James Garner and to Make report to the Next term of this Court of the advantages and disadvantages arising to the public and to individuals should said alteration be established.

Issued Oct. 8th.

On Motion it is ordered by the Court that Michael Vickers and Elizabeth Barnes be appointed Administrator and Administratrix of the estate of Charles Barnes deceased and that letters of Administration be granted upon said administrators entering into bond as required by law.

On Motion it is ordered by the Court that Elisha Jackson, Wm. Hyer, Wm. Akers, John Wynn, John Horn Barger be appointed a jury of review to view and mark an alteration in the road leading from Anders' ferry so as to lease said road at the head of Crooked Creek and so as to intersect Point Mason road at the slough bridge in Sandy bottom and to make report forthwith of the advantages and disadvantages arising to the public and to individuals should said alteration be established.

 

 

 

 

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October Term 1845.

On Motion of Elisha Jackson to establish a public ferry on Tennessee river on the land of said Jackson and there being present and presiding on the bench, Esqrs. D.P. Hudson, E. Perkins, S.H. Davidson, John W. Davidson, Nathan Williams, Geo. W. Farmer, John D. Rushing, Elijah Alsop, J.K. Thomas, W.H. Smally, J.R. Mathews, William Barnes, & Majority of all the Justices in Benton County. Said Jackson appeared in open Court and together with him Lewis Hyer, William Akers and John Horn Barger his securities who appeared in open Court and acknowledged execution of their bond in the penal sum of Two thousand dollars conditioned as the law directs.  Whereupon it is ordered by the Court that the same be established a public ferry of this County.

William Akers and others who were this day appointed a jury of review to view and Mark an alteration in the road leading from Anders ferry Made report to this Court which was received and it is ordered by the Court that the said alteration be established a highway of this County.

On Motion it is ordered by the Court that Lewis Hyer be appointed overseer of the road to work from Anders ferry to the Slough Bridge in Sandy bottom, hands as follows; Elisha Jackson, Wm. Akers, Robert Jackson, Noah Wyatt, Burrell Wynn,, W,K. Wynn, James Lindsey, Wm. Lindsey, Wm. Waters, Jos. Weatherlly, Jas. Stagner, Nathan Stagner, Huriah Stagner, Geo. Stagner, West Daniel, Jason Myrick, B. Allen, B. Gross, A.W.C. Matheny, Lanson Nichols, due Simeon Nichols, Wm. Metheny and Perry Mathis and other hands in the bounds shall work under said Hyer on said road which is established in the 2nd Class.

Issued Oct 8th.

The Court then proceeded to Make an appropriation to John W. Davidson for services rendered as commissioner of the Town of Camden and there being present and presiding on the bench a Majority of all the Justices of Benton County and all voting in the affirmative.  It is therefore ordered by the Court that the sum of Six Dollars be allowed and paid said Davidson by the Trustee of Benton County out of any money in the treasury for general County purposes Not otherwise appropriated.

Issued June 10th 1846.

 

 

 

 

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October Term 1845.

The Court then proceeded to Make an appropriation to Levin Cottingham for services rendered as commissioners of the Town of Camden and said Cottingham produced an account for 26 days, services & lawyer’s fee $5.00 for which the Court allowed him one dollar per day, Making in all $31.00 and there being present and presiding on the bench a Majority of all the Justices in Benton County and all voting in the affirmative.  It is ordered by the Court that the sum of Thirty one dollars be allowed & paid said Cottingham by the Trustee of this County out of any money in the Treasury for general County purposes not otherwise appropriated.

Issued Oct. 26th 1846.

Personally appeared in open Court Charles J. Wheatly who was this day chosen and appointed guardian of the Minor heirs of John Nobles deceased and together with him, E. Perkins his security who appeared in open Court and acknowledged the due execution of their bond in the penal sum of one hundred dollars conditioned as the law directs.

On Motion of Abraham Davidson, it is ordered by the Court that the ferry on Tennessee River theretofore established for him be discontinued and annulled and that the security to his bond be released from all further liability upon the same.

The Court then proceeded to appoint a jury to serve at the Next term of the Circuit Court to be held for the County of Benton at the Courthouse in the Town of Camden on the 2nd Monday in January next.  Whereupon the following persons were appointed (to wit)

1st Dist.     William Allison, Larkin Tippett,                                                                    2ndDist.      James M. Camp, Francis Baber                                                                       3rd Dist.     Jefferson Hicks, Isaac Anderson, Isaac Davidson,                                            4th Dist.     John McAuley, L.B. Pearce, Willis Cole,                                                                 5th Dist.     J.M. Petty, James Alston, James Gordon, Timothy Reaves                       6th Dist.    Asa D. Rushing, James Gottingham, Francis M. Rushing                                            7th Dist.    Abraham Baliew, James J. Farmer, Jackson Farmer                                            8th Dist.     Joseph Baker, Achilles Wilson, Elbert Waggel, Green Nichols                     9th Dist.    Edward Lindsey, Robert Jackson, William Greer,

officer and that a Venire facias issue accordingly.

Issued Oct. 9th.

 

 

 

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October Term 1845.

The Court then proceeded to Make an appropriation to the Clerk of the Circuit Court of this County for books to keep the records of the Circuit Court for a Minute book at $5.00 and two docket books at 60 cents each $1.20 Making in all $6.20 cents and there being present and presiding on the bench a Majority of all the Justices in Benton County and all voting in the affirmative.  It is ordered by the Court that the sum of six dollars & 20 cents be allowed and paid by the Trustee of said County out of any Money in the Treasury for general County purposes not otherwise appropriated.

Issued Oct. 6th.

The Sheriff then proceeded to let out William Rushing a pauper of this County to the lowest bidder and it appearing to the Court by the report of the Sheriff that Hugh Alsop agreed to keep said pauper one year for $36.00, he being the last and lowest bidder.  It is therefore ordered by the Court a Majority of all the Justices in Benton County on the bench and all voting in the affirmative that the said Alsop be allowed and paid the sum of $36.00 by the Trustee of said County out of any Money in the Treasury for the payment of paupers not otherwise appropriated.

Issued Nov, 8th 1845.

On Motion of William Sykes who Made oath according to law and together with him James Sykes and Lewis Lashlee his securities who appeared in open Court and entered into and acknowledged the due execution of their bond in the penal sum of Three hundred dollars conditioned as the law directs.  It is therefore ordered by the Court that he have letters of Administration upon the estate of A.R. Sykes deceased to be Made out in due form of law when required.

The Court then proceeded to make an appropriation to Wm. P. Morris, Clerk of this Court for the following services rendered by him (to wit) for recording the report of the common school commissioners & copy to superintendent for settlement with Trustee and for Trustees bond to draw school fund $7.00 and for 101 Jury tickets at 6¼  Cts. each $6.31¼  Making in all $13.31¼  and there being present and presiding on the bench a majority of all the Justices in said County and all voting in the affirmative.  It is therefore ordered by the Court that the said sum of $13.31¼ be allowed and paid by the Trustee of Benton County, out of any Money in the Treasury for general County purposes not otherwise appropriated.

Issued Oct. 9th.

 

 

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October Term 1845.

Personally appeared in open Court Burrel Beard and Joseph R. Mathews Justices of said County and tendered their resignations as such which was received and thereupon it is ordered by the Court that the Sheriff proceed forthwith to open and hold an election in the first and second districts to fill said vacancies.

On Motion it is ordered by the Court that John Hagler be appointed overseer of the road to work from Chalk Level to Darby’s old place and all the hands that formerly worked under Jefferson Hicks or in the bounds shall work under said Hagler on said road which is established in the 2nd Class.

Issued Oct. 9th.

On Motion it is ordered by the Court that Eli Hatly be appointed overseer of the road to work from Thomas Osburns to Cypress Creek and all the hands South and west of the old Eagle Creek road that runs from the Perry County Line to Willis Beard’s by Osburn’s thence to Birdsong and all the hands that formerly worked under R.M. Jordan or in the bounds shill now work under said Hatly on said road which is established in the 2nd Class.

Issued Oct. 9th.

The Court then proceeded to make an appropriation to John Wynn for keeping Nancy French, a pauper of this County and there being present and presiding on the bench a Majority of all the Justices in Benton County and all voting in the affirmative.  It is ordered by the Court that the said John Wynn be allowed and paid the sum of Thirty dollars for keeping said pauper one year by the Trustee of Benton County out of any money in the Treasury for the payment of paupers not otherwise appropriated.

Issued Nov. 1st, 1845.

The Court then proceeded to the election of a Commissioner for Sandy river to fill the vacancy occasioned by the resignation of William McCutcheon and there being present and presiding on the bench a majority of all the Justices in Benton County and after voting by ballot and the votes being counted it appears that Wm. K. Perkins is duly elected said commissioner.  Whereupon the said William K. Perkins appeared in open Court and together with him E. Perkins, Lewis Hyer, B. Beard and C.J, Wheatley,

 

 

 

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October Term 1845.

his securities who appeared in open Court and entered into and acknowledged the due execution of their bond in the penal sum of Ten thousand dollars conditioned as the law directs and the said W.K. Perkins subscribed and took the oath required by law.

The Commissioners who were appointed at a former term of this Court to draft a plan for a jail to be built for the County of Benton presented their plans to this Court and which was received and approved by the Court and which are as follows: (to wit)

Plan for jail for Benton County, Tennessee.

The wall to be made of brick 25 by 20 ft., the foundations to be made of substantial well burnt brick for 2 feet above the surface of the ground from the foundation work, the wall of the lower story to be two brick or 18 in. thick and the upper story to be 1½  brick thick, the heighth of the wall is to be18 ft., the upper room 7 feet above the floor and the balance to be in the lower room, the room for the dungeon to be 20 ft. square from outside to outside, a partition of Brick to be run up to the upper floor 1½  brick thick, the outside of said partition to be faced as the outside wall, the floor of the dungeon to be laid with a platform of good sound post oak or white oak timber hewed a foot square (the first course at least to be clear of sap) and three tier deep and of sufficient length to extend from wall to wall of the dungeon, a wooden wall of good sound oak timber hewn a foot square all around the inside of the dungeon 2½ ft. thick with the ends of the timber to front inside said timber to have Mortises or Notches cut in the center of them 6 in. wide & 3 in. deep - so that a streamer or girder of good sound oak timber 6 inches square the whole length of this wall to be placed in in such manner that they will confine all the blocks in the tier below and above the streamer and so that the blocks will come together and fit close upon each other and the whole dungeon to be raised in like manner and every course of blocks cut & streamers let in as before described to be within one foot of the top of the same and then the whole of the dungeon to be floored over with good oak timber hewn to one foot square and all laid close together, the inside wall and overhead to be sealed over with white oak plank 2 inches thick nailed with 20 penny nails not more than 2 inches apart all over and the residue of space to be filled with 6 or 8 penny nails only 1 inch apart.

 

 

 

 

 

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October Term 1845

and the floor to be laid with oak plank 1 inch thick, a window to be left through the wall of the dungeon 36 by 20 inches with 3 rows of grates of iron 1 by 2 inches square.  The door of the dungeon to be 4 feet high & 2½ feet wide and 2 shutters Made of solid oak timber 4 inches thick.  Each and each lined over on both sides with sheet iron and hung with good and substantial hinges Made of bar iron to extend across the door 2 inches wide & at least ¾ thick & fastened with good and sufficient bolts and locks Made for that purpose.

The upper floor to be laid with 1¼  inch poplar plank tongue and grooved and well nailed down, a partition to be run through the center of the upper row of brick and to be the length of one brick thick with a door in such part of the same may be directed; the debtors room to have one window on each side with 12 lights 8 by 10 inches with one set of grates in each, 2 windows of the same size in the Jailor’s room with a good Chimney & fire place in the same.  The roof to be well sheeted with plank and covered in with yellow poplar or Cypress shingles clear of sap.  The upper room all to be sealed overhead and the walls plastered, a pair of stairs to be run up of poplar plank the width of the passage between the outside wall and dungeon.   The outside door to be Made of panel work in front and lined on the back with inch plank of oak or sweet gum and the whole of the work to be done in good and substantial workmanlike Manner.

D.P. Hudson                                                                                                                     W.P. Morris                                                                                                                             J.K. Thomas                                                                                                                                A. Lashlee                                                                                                                            Irvin B. Carns.

Whereupon it is ordered by the Court that the Commissioners of the Town of Camden proceed to let out the building of said Jail to the lowest bidder on the 2nd Monday, January Next and that they advertise the same at the Courthouse doors of the Towns of Waverly, Paris, Huntingdon, Jackson and Camden, and that the same be completed on or before the first of May 1847 and that the payments to be Made in installments as follows, the first payment of

 

 

 

 

 

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October Term 1845

of five hundred dollars to be Made within three months of the letting out of said Jail and the second payment of five hundred dollars to be Made the first of January thereafter and the residue if any, to be Made after the completion of the work, by the Commissioners of said work.

Court then adjourned until tomorrow morning nine o’clock.

D.P. Hudson                                                                                                                         E. Perkins                                                                                                                              J.K. Thomas

Tuesday Morning Nine o’clock, Oct. 7th, 1845.

Court met according to adjournment – present and presiding – D.P. Hudson, E. Perkins and J.K. Thomas.

On Motion it is ordered by the Court that E. Perkins, James R. Childers and D.P. Hudson be appointed Commissioners to lay off and set apart a sufficiency of provisions to serve the widow and family of Charles Barnes deceased one year and to Make report to the Next term of this Court.

Issued Oct. 9th.

Court then adjourned until Court in Course.

D.P. Hudson                                                                                                                         E. Perkins                                                                                                                              J.K. Thomas

 

 

 

 

 

 

 

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