Monday 5^th May 1856

ibid Ordered by the court that W P Kerr be appointed overseer of the road from Flat Creek at G W Robertsons to the road at Milican Creek and he is hereby required to open and keep in lawful repair said road with the hands on the farm of Geo W T Hill

Road 4^th Clap.

Court adjourned until Court in course

M. Davis Chairman

Lemuel Bogart

C. Mills

51

Monday July 7^th 1856

State of Tennessee ) Be it remembered that at a County Court began and

Sevier County ) held for the county of Sevier at the court house in Methodist Church in Sevierville on the first Monday of July 1856 it being the 7^th day of said month present and on their seats the following justices (to wit) M Davis Joseph Gaut John McMahan F L Emert Will Whaley N M Baker Lem Bogart T Maples William Whaley Isaac Trotter N G. Trotter R N Crowson Jas B. Seaton E Underwood R M Creswell I M Evans C Johnson John Whaley E Ogle & I N Cate.

when the following proceedings were had

This day Samuel Pickens Coroner of Sevier County presented to the court his resignation which was accepted by the court and said office was declared vacant

This day Saml Pickens presented to the court his letters of Administration of the Estate of E Hodges Decd. showing he was appointed Administrator of said Estate with the Will annexed at the October Term 1852 and executed his bond as such and said bond was destroyed by fire and therefore the said Samuel Pickens came into court and gave a new bond with W C Pickens and Jas M Evans as securities in the sum of Five thousand dollars which was accepted by the court

This day Saml Pickens presented to the court his letters of Administration of the Estate of H G Hodges Decd. showing he was appointed Administrator of said Estate at the January Term 1855 and executed his bond as such and said bond was destroyed by fire and thereupon the said Saml Pickens came into court and gave a new bond with W C Pickens as his security in the sum of Five hundred dollars which bond was accepted by the court.

52

Monday July 7^th 1856.

This day Samuel Pickens guardian to Samuel Bales, William Harrison Bales and Elizabeth Jane Bales Minor heirs of John Bales Decd. having been appointed at the April Term 1855 presented to the court his resignation as Guardian as aforesaid which was received by the Court

This day the Honorable Samuel Pickens appeared in open court and presented his certificate of election as County Judge for said county which certificate and endorsements are in the words & figures following to wit,

Department of State Nashville May 1856

Whereas it appears from the official returns of a general election held throughout the State of Tennessee for County Judges on the third day of May 1856 made to me by the returning officer of the County of Sevier in said State that Samuel Pickens received the highest vote cast in said Election for County Judge in said County

It is Therefore hereby Certified that the said Samuel Pickens has been elected County Judge for the County of Sevier for the term prescribed by the constitution and Laws of the State for said office

In Testimony whereof I F.N.W. Burton, Secretary of State have hereunto subscribed my name at office in Nashville this 24^th day of May 1856

F N W Burton

By the Secretary of State Secretary of State

Andrew Johnson

Governor

State of Tennessee ) I Samuel Pickens do Solemnly swear that I have not

Sevier County ) given or accepted or challenge either written or verbal to fight a duel nor have I fought one since the passage of an act proposed in the year eighteen hundred and seventeen entitled an act none effectually to prohibit deroling (sic) nor have I been the second or bearer of a challenge either written or verbal for such purpose or and that I will not fight a duel or be the bearer of a challenge or act as the second of both or either of the parties

53

Monday July 7^th 1856.

concerned in a duel during my continuance in office I also solemnly swear that I will support the Constitution of the United States and the Constitution of this State I furthermore solemnly swear that I will faithfully honestly and impartially discharge the duties of County Judge according to the law to the best of my ability so help me God

Sworn to before me this ) Saml Pickens

7^th July 1856 )

M Davis )

Justice of the Peace )

ibid Upon the petition of Mark Fox and others it is ordered by the court that John Walker, Charles Inman, Absolum Allen, Henry Houk, John Fraim, Preston Maples & David Duggan be appointed a jury of view to view and mark out an alteration in the road leading from the Newport road to Dandridge just above George Foxes said alteration to commence at the West end of a new field of Wm Foxes running straight along the end of said field nearby a south course so as to intersect the Newport road at the South West Corner of said field, and to extend said road by passing directly across the Newport road then on the line between Mark Fox and Geo. Fox, then on the line between Mark Fox and Martin Baker to the lands of James Laymans and that they report to the next quarterly Term of this court and also that they report as to the propriety of disanulling the two roads running near the above named road and that any five or more of said jury shall be competant to report.

54

Monday 7^th July 1856

ibid Upon the verbal petition of Charles Inman it is ordered by the court that Jacob Blazer William Smith William Layfollett George Layfollett William Clinton John Ferguson William Patterson be appointed a Jury of view to view and mark out an alteration in the road Leading from Sevierville to Newport commencing at William Jenkin or near there running on the line of said Inman, William Smith and Delince Conatser to intersect the old road near the Widow Conatser and that they report to the next quarterly term of this court.

This day S. B. Henderson presented to the court his resignation as Tax assessor of Sevier County which said resignation was received by the court in consequence of the ill health of Mr. Henderson and said office was declared vacant

A Legal number of the acting Justices being present and voting in the affirmative it is ordered by the court that the following allowances be made to wit payable out of the County Tax in the hands of the Trustee not otherwise appropriated

ibid To Murphy McNutt & Co

For 1 Record book for Trustee $1.25

ibid Anderson Seaton 6 Red Fox Scalps 3.00

ibid Perry Breeden 2 Red Fox Scalps 1.00

ibid B M Chandler for Tax List County Seal &

4 Record Books 65.40

ibid Wilson Hodge & N. Rose 4 Red Fox Scalps 2.00

ibid W H Creswell 2 Red Fox Scalps 1.00

ibid P. M. Atchley overpaid by him as former

Trustee of Sevier County $170.50

ibid Austin Hall 1 Red Fox Scalp " 50

R S Clark for sumoning & swearing Jury of view 1.00

55

Monday 7^th day of July 1856

ibid Ordered by the court that Noah Atchley and Gideon Maples be assigned to work on the road which William Atchley is overseer of

ibid On motion of E Shelley it is ordered by the court that John Rule, Clabourn Baker, Boyd Sharp, Pleasant Pearce Henry Baker, Wm Lewalling be appointed a jury of view to view and mark out an alteration in the road leading from Sevierville by way of Clarks mill to Maryville beginning at the ford of the creek near Jas Clark smith shop then down the creek to near the south corner of said Clarks field, thence south West up the hollow intersecting the old road at the head of said hollow and that they report to the next quarterly term of this court.

This day J. M. Thomas presented to the court his resignation as Constable of Sevier County which was received by the Court.

ibid A Legal number of the Justices being present and voting in the affirmative it is ordered by the court that J M Hammer be allowed Seventeen dollars and Seventy cents for his services as phycician (sic) at the Poor house up to this time payable out of the poor tax in the hands of the Treasurer of the Poor house not otherwise appropriated.

ibid A Legal number of the Justices being present and voting therefore it is ordered by the court that Robert Shields be allowed three dollars payable out of the State Treasury for a Wolf scalp presented to this court.

ibid Ordered by the Court that Jesse Stafford be appointed overseer of the road from S A Dickeys to the ford of the branch at Vance Newmans and he is hereby required to keep said road in Lawful repair with the following hands to wit Jas Newman Henry Newman Benj Manning George Vance Perry Breeden Daniel Conatser Calvin Clinton Oliver Burdine

56

Road 2^nd Clap.

Monday 7^th July 1856

ibid Ordered by the court that Robert Loveday be appointed overseer of the road from the ford of the Branch at Vance Newmans to the Widow Layfolletts field and he is hereby required to keep said road in lawful repair with the following hands to wit, Ezekiel Conatser Jas Conatser Jno Fox John Murphy Josiah Ellison Mitchell Henry Leander Fox Evan Bohannon

Road 2^nd Clip

This day Eli Williams presented the certificate of the Sheriff of his Election to the office of Constable in the 11^th district of Sevier County who gave bond and security as required by law and also took the necessary oath of office which bond is in the following words and figures to wit,

Know all men by these presents that we Eli Williams John Whaley William Bohanon & Noah Ogle are held and firmly bound unto the State of Tennessee in the penal sum of Four Thousand dollars for the payment of which well and truly to be made we bind ourselves our heirs executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this 7^th day of July 1856

57

The condition of the above obligation is such that if the above bound Eli Williams who has been elected a Constable of Sevier County for the term of two years from the first Saturday in March 1856 Shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due and shall well and truly collect all specific taxes within civil District No 11 of Sevier County which by law he is required to collect and pay over to the proper officer authorized by law to receive the same

Monday 7^th July 1856.

within the time prescribed by law to receive the same within the time and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office then the above obligation to be void otherwise to be in full force

Eli Williams (Seal)

John Whaley (Seal)

Noah Ogle (Seal)

William Bohannon (Seal)

ibid Ordered by the court that N. S. Catlett be appointed overseer of the road from S Andes to Gists Creek and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 2^nd Clap

This day the court proceeded to the election of a Tax assessor to fill the vacancy occasioned by the resignation of S. B. Henderson for the County of Sevier for two years and after voting and counting out the votes it appeared that F. L. Emert received twelve votes and Thomas Maples received six votes thereupon it was declared by the court that said Emert was duly elected Tax assessor for two years and thereupon the said F L Emert entered into bond as required by law and who also took the necessary and subscribed in open court the oath of office which bond is in the following words and figures to wit

State of Tennessee ) Know all men by these presents that we F L Emert N M

58

Sevier County ) Emert and John McMahan are held and firmly bound unto the State of Tennessee in the penal sum of one thousand dollars for the payment of which well and truly to be made we bind ourselves our heirs Executors and administrators jointly and severally firmly by these presents Signed with our names and Sealed with our Seals and this 7^th day of July 1856. The condition of the above obligation is is such that whereas the above bound F L Emert has been duly appointed tax assessor of said for the

Monday July 7^th 1856

term of two years by the county court of Sevier County Now if the said F L Emert shall well and truly without partiality favour or prejudice make a correct assessment of the property to be by him assessed and faithfully discharge all the duties of his office imposed by law then this obligation to be void. Witness our hands and seals

Signed Sealed and ) F L Emert (Seal)

acknowledged in open ) N M Emert (Seal)

Saml Pickens ) John McMahan (Seal)

Cty Judge

A Legal number of the Justices being present and voting in the affirmative it is ordered by the court that that the following allowances be made to the officers for holding election for County Judge out of the County Tax in the hands of the Trustee not otherwise appropriated

ibid 1^st Dis. James Henry 1.00

ibid 2 Dis. D M J Emert 1.00

ibid 3 " Jacob Bird 1.00

ibid 4 " R S Clark 1.00

ibid 5^th " Jas W Chambers 1.00

ibid 6 " Wm McLauglin 1.00

ibid 7 " N G Chambers 1.00

ibid 8 " I N Underwood 1.00

ibid 9 " Jacob Widener 1.00

ibid 10 " G Galyean 1.00

ibid 11 " John Whaley 1.00

ibid 12 " J H Cate 1.00

ibid A Legal number of the Justices being present and voting in the affirmative it is ordered by the Court that R M Creswell be allowed the sum of Fifty dollars for the purpose of conveying Rhoda Scruggs to the Lunatic assylum (sic) payable out of the County Tax in the hands of the Trustee not otherwise appropriated

59

Monday 7^th day of July 1856

This day the court directed M. W McCown clerk of the circuit court to purchase a seal for the use of the office of the clerk of the circuit court at the expense of the county and that he report the costs of the same to the County Judge and that he issue his warrant on the Treasury for the same or that he be allowed a credit in his settlement for county revinue (sic) for the same

ibid A Legal number of the justices of the peace being present and voting therefore it is ordered by the court that M. W. Porter be allowed Eight dollars for attending on sick paupers in the poor house payable out of any money in the hands of the Treasurer of the poor house not otherwise appropriated.

Upon the application of Lemuel Duggan Sheriff of Sevier County T A Howard was sworn as deputy Sheriff of said county.

The jury of view heretofore appointed to view and mark out an alteration in the road leading the road below where Campbell Breeden now lives up the creek on the left hand side of said creek so as to intersect the old road at the crossing of the creek above the old furnace made the following report, to wit

" July the 5^th 1856

We the undersigned jury of view do certify that after being duly summoned met and after being duly sworn did view and mark out an alteration in the road leaving the road below where Campbell Breeden now lives and running up the creek on the left hand side of said creek so as to intersect with the old road at the crossing of the creek above the old furnace Joseph Webb, John Breeden, John Breeden, Bryant Breeden, William Inman, Lewis Breeden, Returning officer which report is confirmed by the court & the overseer ordered to open said road

60

Monday July 7^th 1856.

ibid On motion it is ordered by the Court that the sheriff bring to the next term of this court the oldest child of Matilda Finny to be bound out it being represented to the court that the said Matilda Finny is unable to support said child

Court adjourned until tomorrow morning at 8 o clock

Saml Pickens

F L Emert

Isaac Trotter

T. Maples

J. M. Evans

Lemuel Bogart

C. Johnson

M. Davis

Wm Whaley

James B Seaton

Tuesday July 8^th 1856

Court met pursuant to adjournment present the Honorable Saml Pickens county judge, and the following justices of the peace for said county to wit F. L. Emert, Wm Whaley, L. Bogart, Isaac Trotter, T. Maples, M. Davis, C. Johnson, I M Evans, Jas B Seaton

It appearing to the satisfaction of the Court that P. M. Atchley former Trustee of Sevier County in making his settlement for the County revenue he was not charged, with moneys received upon a Judgement against Jesse Stafford & others it is therefore ordered by the court that the allowance of one hundred and seventy dollars and fifty cents made on yesterday to the said Atchley for a balance due him on said settlement be recinded (sic)