October Term 1846

 

State of Tennessee, Benton County, October Term 1846

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, and it being the 5th day of said Month in the year of our Lord eighteen hundred & forty six and 71st year of American Independence, there being present and presiding on the bench the worshipfuls, Esqrs, (to wit) E. Perkins, D.P. Hudson, Nathan Williams, J.K. Thomas, D.M. Burkett, Wm. M. McAuley, Eligah Alsop, Geo. W. Farmer. John W. Davidson, S.H. Davidson, Hesekiah Greer.

On Motion it is ordered by the Court that Daniel Graham be appointed overseer of the road to work from the ford of Sugar Creek to the top of the hill this side of William Wright’s and the following shall be the bounds of said road (to wit) from the ford of Sugar Creek down said creak to its Mouth, thence down Sandy to the Mouth of Hurricane Creek thence up said Creek to its head excepting James Cooper thence with the Ridge to the beginning including all south of the road and all the hands in these bounds shall work under said Graham on said road which is established in the 2nd Class.

Issued Oct. 6th.

On Motion it is ordered by the Court that W.K. Aden be appointed overseer of the road to work from half Mile above Abel Utley’s to where it intersects the Camden Road at the 3 mile Slough, hands as follows: Booker Nivins, Burrell Utley, Sr., Burrell Utley, Jr., William Harden, Samuel Davidson, Jr., and Jackson Utley shall work under said Aden on said road which is established in the 2nd Class.

Issued Oct. 6th.

The Clerk of this Court presented a settlement Made with John Gossett guardian of the Minor heirs of James Malin deceased which said settlement was examined and approved by the Court and ordered to be recorded.

Personally appeared in open Court David Morris who was this day appointed guardian of Asa G. George, B.C. and Francis S. Morris and together with him Robert Holmes and Alfred Balland his securities who appeared in open Court and acknowledged the due execution of their bond in the penal sum of six hundred dollars conditioned as the law directs.

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October Term 1846.

The Clerk of this Court presented a settlement Made with M.C. Barnett guardian of James Harrison which said settlement was examined and approved by the Court and ordered to be recorded.

Personally appeared in open Court David Brewer who was this day chosen and appointed guardian of Jesse C. Morris, a Minor and together with him J. Rushing his security who appeared in open Court and acknowledged the due execution of their bond in the penal sum of Two hundred dollars conditioned as the law directs.

On Motion it is appearing to the satisfaction of the Court by petition filed that that portion of the Point Mason road leading to Wyatt’s Mill to Nancy McKenzie’s is of no benefit or advantage to the Citizens of this County, it is therefore considered by the Court that the portion of said road above specified be hence disannulled and No Longer considered a highway of this County.

Issued Oct. 6th.

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 second Monday in January Next.  Whereupon the following persons were appointed (to wit)

1st Dist.            Charles Duncan, John C. McDaniel
2nd Dist.            Eli Hatley, William Smith
3rd Dist.            William Swindle, Asa Swindle, Stephen Marchbanks
4th Dist.            John F. Johnson, Hezekiah Forester, L.H. Pope.
5th Dist.            James Alston, Thomas Jones, Alexander Bivins, Timothy Reaves.
6th Dist.            Thomas Ward, James Cottingham, John H. Williams.
7th Dist.            Wm. W. Wheatley, Geo. W. Farmer, Calvin Parker
8th Dist.            Grissam Herron, James J. Yarbrough, Peyton C. Smally
9th Dist.            James Lindsey, R.C. Mathis and A.G. Holt,

officer to attend said Court and that a venire facias issue accordingly.

Issued Oct. 6th.

Robert H. Hawthorn, surveyor of Benton County having been Notified by Noah Strickland to appear at this term of the Court and give other and sufficient security.  Whereupon the said Robert H. Hawthorn appeared in open Court and together with him Jackson Rushing, W.F. Doherty, Wm. Greer, Wm. M. McAuley, D.M. Burkett, A. Ballard, Daniel L. Settles, Wm. W. Wheatley, A.C. Presson, John W. Davidson, A.G. Holt, John Hignite, Isaac Anderson, Nathaniel Nunnery and Jones Nunnery his securities who appeared in open Court and acknowledged the due execution of their bond in the penal sum of Ten thousand dollars conditioned as the law directs.  Whereupon it is ordered by the Court that said Strickland be exonerated from further liability on said bond.

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October Term 1846.

The Court then proceed to Make an appropriation to Rachael Odom for keeping Nancy French a pauper of said 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 except S.H. Davidson, who voted in the Negative, it is ordered by the Court that the said Rachael Odom be allowed and paid the sum of Thirty dollars for keeping said pauper by the Trustee of Benton County out of any Money in the Treasury for the payment of paupers not otherwise appropriated for the ensuing year.

Issued Nov. 2nd.

The Court then proceeded to Make an appropriation to William Collins 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 Collins be allowed and paid the sum of Twenty five dollars and apart of said sum quarterly by the Trustees of Benton County out of any money in the Treasury for the payment of paupers not otherwise appropriated.

Issued Jan. 19th 1847.

The Court then Made an appropriation to W.P. Morris, Clerk of this Court for services as follows; for recording the report of the common school commissioners & copy to superintendent for settlement with Trustee and for the Trustee’s bond to draw school fund $7.00 and for 95 Jury Tickets a 6½ cents each Making in all $12.93¾, 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 sum of Twelve dollars & 93¾ cents be allowed & paid said Morris by the Trustee of Benton County out of any Money in the Treasury for general County purposes not otherwise appropriated.

Issued Nov. 3rd.

The Court then Made an appropriation to D.P. Hudson, Clerk of Circuit Court for an execution docket and there being present and presiding on the bench a Majority of all the Justices in Benton County and all voting in the affirmative except S.H. Davidson it is ordered by the Court that the sum on One dollar & 25 cents be allowed & paid said Hudson by the Trustee of said County out of any money in the Treasury for general County purposes not otherwise appropriated.

Issued Oct. 6th
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October Term 1846.

The Court then proceeded to Make an appropriation to Green Flowers for Money which he paid for a warrant as commissioner of the Town of Camden and there being present and presiding on the bench a Majority of all the Justices in Benton County and all voting in the affirmative except Geo. W. Farmer, it is ordered by the Court that the sum of Forty dollars & 75 cents be allowed and paid said Flowers by the Trustee of Benton County out of any Money in the Treasury for general County purposes not otherwise appropriated.

Issued Nov. 3rd.

On Motion it is ordered by the Court that Daniel L. Settles be appointed overseer of the Stage road to work from Burnside Creek to Beaverdam Creek, hands as follows, R.N. Wood, Ben Holland, Wm. Farrow, Henry Durdin, Zepheniah Collins, James Madden, Alfred Aden, Vincent Horn, W.L. Sarrett, Felix Reaves, Robert Reaves and all other hands in the bounds shall work under said Settles on said road which is established in the 1st Class.

On Motion it is ordered by the Court that John Arnold be appointed overseer of the road to work from Tennessee River by the way of Cates to the 4 Mile Tree, hands as follows, James Cuff, Willie Arnold, David Patterson, James Sykes, John P. Penick, James Prince, W.A. Cate, John Davis, Wm. Douglass, Wm. C. Holmes, Jacob Cupp and all other hands in the bounds shall work under said Arnold on said road which is established in the 2nd Class.

Issued Oct. 7th.

On Motion it is ordered by the Court that the following alteration be Made in the plan of the Jail (to wit) that the petition wall now commenced be continued to the top of the wall and to be faced on both sides.  The inside of the upper room to be faced and paneled and an additional double row of grates to be put in center and a half inch thick.  The Iron grates in the upper windows to be dispensed with and the plastering of the upper room is also dispensed with and the foregoing alteration adopted in room thereof without any further additional expense to this County.

Issued Oct. 6th.
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October Term 1846.

The Clerk of the Circuit Court presented Two several bills of cost according to the Circuit Court of this County, one in the case of Neil McNeil and others amounting to Forty seven dollars 31¼ cents, the other occurring in the case of James McCrackin and other amounting to One hundred & sixteen dollars & 75 cents the same having been examined by the attorney General and Judge of the 9th Judicial Circuit and by them certified to be correctly taxed and there being presented and presiding on the bench a Majority of all the Justices in Benton County on the bench and all voting in the affirmative.  It is ordered by the Court that the same be paid by the Trustee of Benton County out of any Money in the Treasury for general County purposes not otherwise appropriated.

Certified on the bills of cost Oct. 6th, 1846.

In obedience to an order of this Court the Sheriff proceeded to let out William Rushing, a pauper of this County, and Makes report that he was bid off by Martha Graham for the sum of Twenty five dollars & 37½ cents, she being the last and lowest bidder.

Court then adjourned until Court in Course.

E. Perkins,                    J.P.
Nathan Williams           J.P.
D.P. Hudson

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