County Formation in Acts of Tennessee > Montgomery County

ACTS OF TENNESSEE 1796 (First Session), CHAPTER 30:


"An act to divide the county of Tennessee into two distinct counties, taking also a part of the west end of Sumner County."


SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, That the county of Tennessee be divided by a line as follows, viz. Beginning at the upper end of the first bluff above James McFarlin's, on Red River, near Allin's Cabbins, running from thence a direct course to the Sulphor Fork, one quarter of a mile below Elias Fort's, thence up the creek, as its meanders, to the mouth of Brush Creek, thence up the same, as it meanders, to the head, thence a direct course to the Davidson County line, at the mouth of Sycamore Creek, thence up said Sycamore Creek, with the Davidson County line, to the Sumner County line, thence with the extreme height of the dividing ridge, eastwardly to the Kentucky road, leading from Nashville, thence northwardly, with said road, to the Kentucky state line, thence west with said line, to such place as a south east course, leaving Joseph French in the lower county, will strike the beginning; And all that part contained in the said boundary, henceforth be erected into a new and distinct county, by the name of Robertson; and the other part thereof be and remain a separate and distinct county, by the name of Montgomery.

SECTION 2. BE IT ENACTED, That William Johnston,  sen. James Norflet,  John Young,  John Donelson, and Samuel Crocket, be, and they are hereby appointed commissioners, and authorized to appoint and lay off a place the most central and convenient on said county of Robertson, for the purposes of erecting a court house, prison, and stocks.

SECTION 3. BE IT ENACTED, That the aforesaid commissioners are hereby authorized and required, as soon as may be, after agreeing on the place whereon the court house, prison and stocks are to be erected in said county of Robertson, to contract and agree with suitable workmen, for erecting and building, at the place aforesaid, a court house, prison, and stocks, for the use and benefit of said county.

SECTION 4. And the better to enable the commissioners aforesaid, to carry this act into effect,  BE IT ENACTED, That a tax not exceeding twelve and an half cents on each hundred acres of land – a tax not exceeding twenty five cents on each town log – a tax not exceeding twenty five cents on each slave, between the age of ten and fifty years – and a tax not exceeding twelve and an half cents on each white male, between the age of twenty on and fifty years, shall be collected in the said county of Robertson, for two years, by the sheriff or collector of the same, and accounted for, and paid to the said commissioners, at the same time, and the same manner, and under the like penalties and restrictions, as is or may be directed for the collecting, accounting for, and paying public taxes.

SECTION 5. BE IT ENACTED, That before the said commissioners shall take into their hands any of the monies directed to be collected by this act, they shall enter into bond, in the sum of one thousand dollars, payable to the governor and commander in chief for the time being, and his successors, conditioned for the faithful discharge of the trust reposed in them.

SECTION 6. And for the due administration of justice, BE IT ENACTED, That the court for the said county of Robertson shall be held constantly by the justices of said county, on the third Mondays in Jannary [sic], April, July, and October, in every year:  And the justices for said county of Robertson, are hereby authorized and empowered to hold the first court for the same, at the house of Jacob M’Carty:  And all subsequent courts for said county, on the days above-mentioned for holding c0urts therein, at any place to which the said justices shall from court to court adjourn themselves, until a court-house shall be built for the said county of Robertson; and then all causes, matters and things depending in the said court, and all manner of process returnable to the same, shall be adjourned to such court-house; and all courts, held in and for the said county of Robertson, shall be held by commission to the said justices, in the same manner, and under the same rules and restrictions, and shall have an exercise the same powers and jurisdiction, as are, or shall be prescribed for the courts for the several counties in this state.

SECTION 7. BE IT ENACTED, That the aforesaid county of Robertson, shall be, and is hereby declared to compose a par of the district of Mero, in the same manner, and for all purposes, civil and military, as it did, when it stood undivided:  PROVIDED, Nothing in this act contained shall be so construed as to prevent the sheriff or collector of the taxes of the county of Tennessee, from collecting the same, both public and county, within the limits of the said county of Robertson, which are, at this time, in arrearages, in the same manner as if this act had not been passed; and the said county of Robertson, from and after the passing of this act, shall furnish six, and the county of Montgomery, six jurors, to the superior court of law and equity, for the district of Mero aforesaid.

SECTION 8. BE IT ENACTED, That Barclay William Pollock and Joseph Carmack, be appointed commissioners, who are authorized to run the dividing lines between the aforesaid counties, that is, where they are not already run, or particularly pointed out by natural boundaries; for which services each of the commissioners shall be allowed two dollars per day, and the markers each one dollar per day, the expenses to be equally paid by the aforesaid counties.

SECTION 9. BE IT ENACTED, That all proceedings, now pending in the county court of Tennessee, shall be proceeded on, and determined in that part of said county, now called Montgomery, in the same manner as if this law had not passed.