seal. And such court or justice of the peace shall take cognizance of such plea or matters offered in defence, in as full and ample a manner, as if such instrument were not under seal.


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abate. ment may be

SEC. 2. That from and after the passage of this act, any
defendant or defendants may file a plea in abatement to filed.
any suit instituted against him or them in any of the
courts of law in this State, when the plaintiff or plain-
tiff's reside in the same county with said defendant or
defendants, when said suit may be instituted in any
other county, except their place of residence; Provided,
This act shall not apply so as to effect any rights or rem-
edies in force against absconding debtors, under the at-
tachment laws in force in this State.

Speaker of the House of Representatives.

Passed, January 28, 1850.

Speaker of the Senate.


An Act to establish the County of Union.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That a new County be and the same is hereby established, to be composed of fractions taken from the counties of Grainger, Claiborne, Campbell, Anderson and Knox, and to be known and designated by the name of Union county.

SEC. 2. That the county of Union, shall be bounded Boundaries. as follows, to wit: Beginning at a sweet gum, in the Knox county line, at the end of Clinch mountain, and * four chains south of the Nance's ferry road; thence running north thirty-eight, east one mile, and thirty-four poles, to the top of a chain of Clinch mountain; thence north, twenty-five east, one mile and forty-two poles, to the top of a spur, of said mountain; thence north six west, three quarters of a mile, crossing the main range of Clinch mountain; thence north forth-five east, along the side of the mountain one mile, to a white oak on the top of a spur, leading down the mountain opposite Wm. Donehue's; thence north, crossing Flat creek two miles and twenty poles, to a beech on the bank of Dyer's branch; thence north ten west, two hundred and twenty

poles, to the top of the Copper ridge; thence north one mile and three quarters, to the top of the Log mountains; thence north twenty-five, east one hundred and ninetytwo poles to a sugar tree near John Bullard's; thence north eighty, east one hundred poles to a stake, near John Wolfinbarger's house; thence north eighteen, east five miles and eight poles to Clinch river, three quarters of a mile above Capp's ford; thence down the south bank of said river, as it meanders, five miles and a quarter, to a large double sycamore, below Dodson's island; thence north twenty-five, west, crossing Clinch river, one hundred and eighty-two poles, to a white oak, four poles north of the Big Valley road; thence north thirty-five, west five miles, to Powel's river, at a Spanish oak, forty poles below the mouth of Camp creek; thence down the south bank of Powel's river, as it meandere, twenty-nine miles and a quarter, to a walnut, at Thomas's ford; thence south ten east, four miles and a quarter, to Clinch river, eight poles above a large spring; thence crossing said river the same course, twenty poles, to a beech on the south bank of said river; thence down said river, as it meanders, two miles, to the line of Henderson & Co's survey, about two miles above the mouth of Powel's river; thence with the line of Henderson & Co., south forty-five, east a half mile, to a white oak in said line; thence south, thirty-eight east, four miles and one hundred and ten poles, to Byram's fork, on Hynes's creek, four poles above a large white oak; thence south fifty west, one hundred and forty poles, to a stake, in Charles Mitchell's field; thence south twenty-eight east, two miles and one half, to the Knox county line, on top of the Chesnut or Hynd's ridge; thence along the top of said ridge, with the Knox county line, two hundred and thirty poles, to a road crossing from Martin Gentry's to Knoxville; thence south thirtyfive east, two miles, crossing Raccoon Valley road and Bull-run creek, to a stake, near Marvil Hill's house; ⚫ thence south seventy-five east, four miles and twenty poles, to a white oak, east of Gorden Mynatt's; thence north seventy-eight east, two miles and fourteen poles, to an ash, in J. Gibbs's field; thence south eighty-one east, four miles and three hundred and ten poles, to the top of House mountain; thence with the extreme height of said mountain, to the east end of the same; thence north fifteen east, four miles and twenty poles, to the Knox county line at Nelson Mynatt's; thence with said line to the beginning.

SEC. 3. That for the purpose of organizing the county Commissioners of Union, William T. Carden, John F. Huddleston, Ezre Buckner and Wm. Colvin, of the county of Grainger;

Malcijah Nash, J. G. Palmer and John Sharpe, of Claiborne county; Isaac C. Dyer, Meril Hill and Hazell Hill, of Campbell county; James W. Turner, Allen McCoy and A. L. Carden, of the county of Anderson; and Henry Graves and Henry G. Roberts, of the county of Knox, shall be and they are hereby appointed commissioners, who shall take an oath before some justice of the peace, faithfully and impartially to discharge the duties enjoined on them in this act, and in all cases of vacancy that may occur among said commissioners, previous to the organization of the county courts of Union county, the same shall be filled by the other commissioners; and all vacancies occuring after said organization, shall be filled by the county courts of Union county; the said commissioners, shall enter into bond and security, to be approved of by the county court of Union county, and payable to the chairman thereof, in the sum of five thousand dollars, conditioned for the faithful discharge of their several duties; a majority of said commissioners, shall constitute a board, competent to do all things herein enjoined on them; they shall keep a regular record of all their proceedings, as commissioners, which shall be returned to the county court of Union county, at its first session, and the same shall be recorded by the clerk thereof, on the records of said court, and they shall make such other returns after the organization of said court, as shall be directed thereby.

SEC. 4. That it shall be the duty of said commissioners, Election. first giving thirty days notice in two public places, or more, of the time and place to open and hold an election at one place, in each of the fractions proposed to be stricken off from the counties of Grainger, Campbell, Anderson, Knox and Claiborne, for the purpose of ascertaining whether a majority of the voters residing in those fractions, are in favor of, or opposed to the establishment of the county of Union, and all persons qualified to vote for members of the General Assembly, who have resided in the fractions proposed to be so stricken off, six months, immediately preceding the election, shall be entitled to vote, and each voter, who desires to vote for the establishment of the new county, shall have on his ticket, the words, "new county," and those voting against the new county, shall have on their tickets, the words, "old county," and if, upon counting all the ballots, the judges of the several elections, shall return that a majority of each of the fractions, respectively, have voted for the new county, then the county of Union, shail be and the same is hereby declared to be a county, with all the powers,

Courts where held


privileges and advantages, and subject to all the liabilities. and duties with other counties in the State.

SEC. 5. That if from any cause, elections should not be held in all or each of the fractions, as before directed, the said commissioners shall proceed, as soon as practicable, to hold said election, so omitted, to be held in the same manner and under the same regulations, as specified in the foregoing section, and in like manner, if the said commissioners shall believe upon investigation, which they are hereby authorized to institute, into the manner of holding the several elections that any improper or fraudulent practices have been permitted, they shall have power, to declare the election, so held in any fraction, to be void, and proceed to hold another election in said fraction, first giving thirty days' notice, as heretofore provided.

SEC. 6. That for the due administration of justice, the different courts, to be holden in the said county of Union, shall be held at John F. Huddleston's, on the waters of Bull run, until the seat of justice shall be located; the county court shall, in the intermediate time, have full power to adjourn the courts to such other place in said county, as they may deem better suited for the holding of the same, and for public convenience; and, to adjourn to the seat of justice, when, in their judgment, the necessary arrangements are made, and all writs and other precepts, issuing from any of said courts, returnable to either place, shall and may be returned to the place to which said court may have been removed, by the county court aforesaid, and the courts for the county of Union, shall be under the same rules, regulations and restrictions, and shall have, hold and exercise, and possess the same powers and jurisdiction, as prescribed for holding courts in other counties; said courts shall be attached to the twelfth judicial circuit; and the circuit court shall be held by the judge of said circuit, on the first Monday in February, June and October, in each and every year, and the citizens of said county, may file bills in chancery, at either of the chancery courts, held at Rutledge, Tazewell or Knoxville, at their election.

SEC. 7. That all officers, civil and military, in said Election of offi- County, shall continue to hold their offices, and exercise all the powers and functions thereof, until others are elected according to law, and the said courts of Union, shall elect her officers on the same day and under the same rules, regulations and restrictions, as provided by law, for the elections of officers in the other counties in this State; Provided, That nothing in this act contained, shall deprive the above named counties from having and exercising jurisdiction over the territory composing the

county of Union and the citizens thereof, in as full and ample a manner as they now have, until the election of county officers takes place according to law; Provided also, Nothing herein shall prevent the above named counties, from entering up judgments, or the sheriffs of said counties from selling under such judgments any lands, within the bounds of the county of Union, for taxes, costs and charges, until the county of Union is organized.

to hold

SEC. 8. That the commissioners appointed by this act, officers shall appoint such person as they may deem of suitable elections. qualifications to open and hold the election for county officers for the said county of Union, and such person, so appointed, shall be and he is hereby invested with full power and authority, to appoint deputies, clerks and judges, and by himself and deputies, to administer all the necessary oaths, and to do and perform all other duties, as by law are required of sheriffs or other officers holding similar elections.

with old coun


SEC. 9. That citizens of Union county, in all elections Fractions to vote for Governor, Representatives in Congress, members of the General Assembly and electors of President and Vice President, shall vote with the counties from which they have been respectively stricken off, until the next apportionment, agreeable to the provisions of the fifth section. of the tenth article of the constitution.

of justice.

SEC. 10. That it shall be the duty of the commissioners Selection of seat aforesaid, as soon as practicable, after the county of Union shall have been established, to select and procure, by purchase or otherwise, a suitable site for the seat of justice, in said county, having due regard to the convenience and wishes of a majority of the citizens of said county, and the said commissioners, having first caused a deed to be made to themselves and successors, with general warranty, to be a sufficient quantity of land, including the site so selected, shall cause a town to be laid off thereon, with as many streets, of such width, as they may deem necessary, reserving a sufficient quantity of land for a public square; said commissioners shall designate and reserve from sale, one lot in said town, for the purpose of erecting a public jail, for said county; said town, as soon as laid off, shall be known by such name as said commissioners may give it; Provided, The commissioners shall open and hold an election at two or more places in said county, first giving twenty days' notice of the time and place, for the purpose of fixing upon an eligible site for the seat of justice in said county of Union, and shouid such election be held, all qualified voters for members to the General Assembly, shall be entitled to vote, in select

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