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Acts of 1845-46 Chapter 62

SECTION 1. That the act passed by this General Assembly, dividing Perry county, and establishing Decatur county, shall not take effect until the first Monday in April 1846, and the commissioners appointed for each county shall have power if they deem it necessary, to employ a surveyor and two chain carriers to ascertain the centre of said counties, which surveyors shall determine upon the centre of their respective counties, and whether places put in nomination for the county seats shall be within six miles of the same, and make return to the county court of their respective counties, which shall be entered upon the records of the same, and the respective county courts shall make them such allowance as they may think their services reasonably worth.

SECTION 2. That the act attaching a portion of Wayne county to the county of Perry, be so amended as to authorize the polls to be opened, and an election held on the 7th February next, at the Widow Halliboughs on Sinking creek, in addition to the place appointed in said act, and Simon D. Whitley and Andrew J. Helms, the commissioners appointed in that act, shall appoint some one (sic) to hold said election, and said commissioners are required to divide that portion of Wayne attached to Perry into two civil districts, and make report to the first term of the county court of Perry, except that position lying between Lewis county and Perry, which shall be attached to the Sugarhill district No. 10, in Perry, and if a majority do not vote in favor of being attached on the 7th February, then notice being given, there may be another election held as aforesaid on the 21st February thereafter.

SECTION 3. That John L. Houston and William H. Storm of Decatur county, and William F. Doherty and the present county surveyor of Benton county be appointed commissioners to run the line between said counties and distinctly mark the same, and said commissioners shall commence at Tennessee river on the north east corner of Decatur county, and run westerly, and shall make their return to their respective county courts, which shall allow them such compensation as their services are reasonably worth, and their returns shall be entered upon the records of said county courts.

SECTION 4. That the within described territory (a portion of the county of Hickman) be attached to the county of Perry, beginning on the Hickman county line on the top of the dividing ridge between the waters of Brush and Cane creek, and running from thence with the meanders of the main ridge dividing the waters of Brush and Cane creek, eastwardly to a point that a line due south will include all the settlements on Coon and Brush creeks to a point that due east will strike the corner of Lewis county, thence with Lewis county line south to where the same crosses the Hickman county line, thence west with the same to the south-west corner of Hickman county, thence north to the beginning, and that all the within described territory shall be attached to and constitute a part of Perry county.

SECTION 5. That Hiram Campbell Esq., Thomas Vickery and Abram Barber, or any one of them, after giving ten days notice shall open and hold an election at the house of Abram Barber on Coon creek, and all persons constitutionally qualified to vote for members of the Legislature, living within the territory proposed to be attached to Perry county, may vote for or against being attached to Perry county, those wishing to be attached to Perry county shall have on their ticket Perry county, and those opposed shall have on their ticket Hickman county, and if a majority of all the votes so cast shall vote to be attached to Perry county, then this act shall take effect and be in full force, and it shall be the duty of the persons appointed under this act to certify the result to the commissioners of Perry county, and the citizens so attached shall have and possess all the rights and privileges of other citizens of Perry county, and be attached to such civil district or districts in Perry county that may be most convenient for them.

SECTION 6. That nothing in this act shall be so construed as to reduce the county of Hickman below her constitutional limits, provided furthermore, should not the counties of Decatur and Perry both be organized, this act shall be null and void so far as relates to the county of Hickman.

COMPILER'S NOTE: The remainder of this Act concerns Decatur county and therefore is not included herein.

Passed: January 15, 1846.