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CHAPTER XIII.

An Act to establish precinct elections in the counties of Lincoln, Smith and
Warren.

Be it enacted by the General Assembly of the State of Tennessee, That a precint election be established at Stone's store, on the west fork of Norris's creek in the county of Lincoln, to vote for Governor, members to Congress, members to the State Legislature and Convention, and for electors to vote for President and Vice President of the United States; and at the house of Daniel Bratton, in the county of Smith; and at the house of John Pendleton, in Warren county.

F. W. HULING,

Speaker of the House of Representatives.
D. BURFORD,

Passed October 14, 1833.

Speaker of the Senate,

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CHAPTER XIV.

An Act to remove the Supreme Court of errors and appeals for the fifth Judicial Circuit, now holden at Reynoldsburg, to the court house in the town of Centreville, in the county of Hickman, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Supreme Court of Errrors and Appeals for the fifth Judicial Circuit now holden in the town of Reynoldsburg, shall hereafter be holden in the moved to Cen- court house in the town of Centreville in the county of Hickman. And it is hereby made the duty of the clerk of said Supreme Court, as soon as one shall be appointed, and after the passage of this act, to remove or cause to be done, the records, books and papers of his office to the town of Centreville in said county of Hickman, and all business determinable in, and returnable to the Supreme Court at Reynoldsburg, shall hereafter be returned to, and de-termined in the Supreme Court at Centreville.

Appeals from

Lawrence, Wayne &c.

SEC. 2. Be it enacted, That hereafter, all causes and suits which have originated, or may hereafter originate in the counties of Lawrence, Wayne, Hardin, Humphreys, Hickman and Perry, upon which an appeal to the Supreme Court may be taken, shall be taken to, and tried in, the Supreme Court at Centreville, and that such business as has originated or may originate, and be appealed upon in the counties of Maury, Giles and Dickson, may at the option of the party or parties appealing, be taken to the Supreme Court at Nashville or Centreville, as he, she, or they may deem advisable.

SEC. 3. Be it enacted, That it shall be, and is hereby made the duty of the judges of the Supreme Court of Er When holden. rors and Appeals, to hold said Supreme Court in the town of Centreville on the first Monday in June, in each and every

year.

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SEC. 4. Be it enacted, That the law heretofore passed Repealing establishing a Supreme Court of Errors and Appeals at Reynoldsburg, be, and the same is hereby repealed.

F. W. HULING,

Speaker of the House of Representatives.
D. BURFORD,

Speaker of the Senate.

Passed October 15, 1833.

CHAPTER XV.

An Act to authorise publication in certain cases.

Be it enacted by the General Assembly of the State of Tennessee, That if in any suit, in any court of equity, any defendant or defendants, against whom any subpoena or other process shall issue, shall not cause his, her or their appearance to be entered on such process, within such time, and in such manner, as according to the rules of the court the same ought to have been entered, in case such process had been duly served, and an affidavit shall be made to the satisfaction of said court, that the place of residence of such defendant or defendants is unknown to the plaintiff, and that such plaintiff, after diligent enquiry, cannot discover the place of residence of such defendant or defendants, then, and in such case, the court out of which such process issued, shall make an order, directing and appointing such defendant to appear at a certain day therein to be named, which said order shall, within sixty days after such order made, be inserted in some Gazette, published within the State, for so long a time as the court may order and direct; and if the defendant or defendants do not appear within the time specified by such order, or within such further time as the court shall appoint, then on proof made of such publication, the plaintiff's bill shall be taken pro confesso, and such other proceedings had thereon, as are directed in an act passed in 1787, chapter 22, section 1.

F. W. HULING,

Speaker of the House of Representatives.
D. BURFORD,

Passed October 18, 1833.

Speaker of the Senate.

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Jurisdiction given to the counties of this State.

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CHAPTER XVI.

An Act to extend the laws and jurisdiction of this State to her southern limits.

Be it enacted by the General Assembly of the State of Tennessee, That the laws and jurisdiction of the State of Tennessee, be, and hereby are extended to the southern limits of the State, over that tract of country now in the occupancy of the Cherokee Indians; and that the courts of this State shall have cognizance of all crimes and misdemeanors committed, and all contracts made, and of all persons residing within the limits of the said territory, and shall hear and determine the same, in such manner and upon such terms as the laws and usages of said State now do, or may hereafter prescribe: and, for the greater convenience of the citizens and people residing in that tract of rious counties. country, the county of Marion, in addition to its present limits, shall commence at the point where the line dividing the States of Alabama and Tennessee, commences on the bank of the Tennessee river, running thence along said line to the dividing line between Georgia and Tennessee, to the extreme height of the Raccoon mountain, thence along the extreme height of said mountain to the Tennessee river opposite the mouth of Suck Creek; the county of Hamilton, in addition to its present limits, shall commence at the extreme height of the Raccoon mountain, at the point where the Marion county line terminates, running thence along the line dividing the States of Georgia and Tennessee, until it crosses the White Oak mountain, continuing thence five miles to a point on said line and there terminating; thence running so as to strike the White Oak mountain two miles above Robinson's Gap, through which Wolf river creek runs, thence to the extreme height of said mountain; thence along the extreme height of said mountain to the Blythe ferry road at the place now occupied by Wilson Evans; thence along said road towards the Tennessee river, within two miles of William Blythe's; thence such a course to the Tennessee river as will leave William Blythe's plantation on the north side of said line, and strike the Tennessee river opposite the Rhea county line on the north bank of said river. The county of Rhea, in addition to its present limits, shall commence at the point where the Founty of Hamilton terminates on the bank of the Tennessee river, as provided in this act, running thence along said line to the house now occupied by Wilson Evans'; thence a direct line to a point on the Hiwassee river, opposite to the first large ridge above the mouth of Price's creek. The county of McMinn, in addition to its present limits, shall commence at the point on the south bank of Hiwassee river, where the Rhea county line terminates; thence along said

line, until it strikes the Hamilton county line at Wilson Evans'; thence along said line to the White Oak mountain; thence along the extreme height of said mountain and the Hamilton county line entire, until it strikes the five mile point of Hamilton county line, on the dividing line between the States of Georgia and Tennessee; thence along said line until it strikes a point opposite to the line dividing Monroe and McMinn counties; thence a direct line to the division line between the said counties of Monroe and McMinn; and that all the balance of said territory shall be attached to, and included in the county of Monroe, in addition to its present limits. And it is hereby made the duty of the Surveyor General of the Hiwassee district to run and mark the several county lines as designated by this act. Provided, however, nothing in this act Provisoes. contained, shall be construed to authorise or allow any tax to be levied upon any native Cherokee residing within the limits of said tract of country at the passage of this act, or to work on roads, or to perform militia duty therein; and provided further, That the native Cherokees residing within the limits of said tract of country, shall be secured and protected in the free and unmolested enjoyment of their improvements and all personal property, according to the customs and usages of said Cherokee Indians, and to enforce their rights touching the same, in and before the courts of the State of Tennessee, or the inferior tribunals of said State, as the matters in controversy may rightfully give jurisdiction: and provided also, nothing in this act contained, shall be construed to interfere with or invalidate the marriage customs of the said Cherokee Indians. Provided, nevertheless, such of the native Cherokees who Proviso. may heretofore have had the rights of citizenship extended to them, or who may hereafter have the rights of citizenship extended to them by any law or laws of the State of Tennessee, shall be subject to all the duties, and liable to all the public dues, that other citizens of the State of Tennessee are subject or liable to, as is or inay be provided by the laws of the said State of Tennessee.

Provided, always, Nothing hereing contained, shall be construed to authorise the courts of this State to take jurisdiction of any criminal offence committed within the territory aforesaid, by any Cherokee Indian residing therein, except for murder, rape and larceny. And the usages and customs of said Cherokee Indians in all other respects are hereby allowed them, within the territory over which, by this act, the jurisdiction of this State is extended, until such time as it may be deemed necessary and proper further to abridge or abrogate them: saving always from the benefits and privileges of this exception, such of the native Cherokee Indians as have had, or may have the rights of

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citizenship extended to them by any law of the State of Tennessee.

Provided, Nothing in this act contained, shall be construed to authorise any white man to settle within the limits of the lands in this State now within the occupancy of the Cherokee Indians, and over which it is the object of this act to extend the laws: and provided, That nothing in this act contained shall be construed to invalidate any law or treaty of the United States, made in pursuance of the constitution thereof.

Provided also, That nothing in this act contained, shall be construed to authorise any entry or appropriation or occupancy of any of the lands contained within the limits of the country now in possession of the Cherokees, or to extend our laws for the entry of vacant and unappropriated lands over any part of said country.

F. W. HULING,
Speaker of the House of Representatives.
D. BURFORD.

Passed November 8, 1833.

Speaker of the Senate.

given.

CHAPTER XVII.

An Act to compel enterers of land in certain cases to have their entries surveyed.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall and may be lawful for any Notice to be subsequent enterer of land made under the act of 1823, and the various acts passed subsequently thereto, authorising the entering of vacant and unappropriated land north and east of the Congressional Reservation line, to give or cause to be given, sixty days notice in writing to the first enterer, or to his, her or their agent, and in case the enterer resides out of the county, then, and in that case, it shall be the duty of the subsequent enterer to give public notice for three successive weeks in some newspaper printed in this State, or serve written notice, at his election, that he, she, or they must proceed to have his, her or their entry surveyed in that time, so that the subsequent enterer can have surveyed his entry with certainty.

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SEC. 2. Be it enacted, That in case the first enterer shall On failure to fail, neglect or refuse to have his, her or their entry surveyed within sixty days after receiving said notice, or after publication made, or notice given as aforesaid, then, and in that case, it shall and may be lawful for the subsequent enterer to proceed to have his, her or their entry surveyed according to law.

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