2 R. S., 107. County proces pointed--how. Vacancies. CHAPTER 64. LANDS, PROCESSIONING OF. Processioners, how appointed-Duties of Processioners. § 1. The county court of each county shall appoint, for the term of four years, three discreet qualified persons in sioners to be ap- the county, processioners for the county, any two of whom shall constitute a quorum to do business. The court shall have the power to fill vacancies, and to remove any of the processioners, and appoint others. Before a processioner proceeds to act he shall take an oath to discharge the duties of his office to the best of his skill and judgment. Oath. Duty of proces sioners as to sur veying, remark ing lines, adjusting corners. Duty as to adjusting the landmarks on divid ing lines. Consent of par. ties to be indorsed on report, else work not binding. § 2. The processioners shall, on the application of any person producing his title papers, go around his land, or such part as he may desire, and re-mark the same, taking care that the re-marks are on the old lines; and when they find the corner trees, posts, or stones, or any of them, removed, defaced, or rotted down, the processioners shall mark new corner trees, or place stones or posts, properly marked, where the old corners stood. The processioners shall report to the county court the land they have processioned, the lands of the persons it adjoins, and what alterations of corner trees, posts, or stones have been made or added. (a) § 3. The processioners, or any two or more persons selected by the parties and appointed by the court, may, on the application of persons whose lands adjoin, go on their dividing lines, and by their consent mark new corner trees, set up new stones or posts, ascertain the length of the lines, and make a report to the county court, in which the names of the parties, the new corner trees marked, or stones or posts set up, and the length of the lines, shall be stated. The consent of the parties to the acts of the processioners, or persons selected, shall in such cases be indorsed on the report, and signed by such parties and attested by one or more of the processioners or persons selected, or the proceedings shall not bind them. (a) The report of processioners, made upon due notice to persons interested, is not subject to exceptions by any of the parties; but, with the evidence taken, is to be returned to the county court and recorded by the clerk; but the county court has no power to decide upon, and either reject or confirm the report. (McIntire vs. Getting, 15 B. M., 177.) as to boundary conclu I. In all contests as to boundary, such reports shall be Reports conclusive evidence between the parties and all persons sive. claiming through or under them; except, 2. Where such report shall be obtained by fraud or mis- Exceptions. representation. tend. § 4. The surveyor of the county, or some person ap- Surveyor to atpointed by the court to survey, shall in all cases attend the processioners or persons selected by the parties, and make out a plat and certificate of the land of the applicant or applicants, noting what is done, which shall be returned with, and be considered a part of, the processioners' report. The processioners and surveyor, in establishing lines and corners, may make proper allowance for the variation of the needle. be taken. 5. The processioners may, at the request of any party Depositions may interested, take depositions as to the proper position of any corner or line, which depositions shall be returned with the processioners' report. 1. The opposite party may, in like manner, take testimony By either party. at the same or another time. may swear wit 2. The processioners or persons so selected by the parties, Processioners or any one of them, shall have power to administer an oath nesses. touching any matter within the scope of their duties. § 6. Any person desiring to have his land processioned, Notice to be given or to take depositions as herein allowed, may give ten days' notice to any person interested, or his agent or attorney, or if an infant, lunatic, or idiot, to his guardian or committee, of the time and place when and where he will procure the processioners to convene. made. 1. If the party interested does not reside in the State, and Publication, how has no known agent therein, such notice shall be published once per week for one month prior to the convention of such processioners in some authorized newspaper, and posted up for the same period on the court-house door of the county. printer. 2. The printer of the paper in which the notice shall be Affidavit of the published, shall make affidavit of the fact of publication, which, with the notice, shall be laid before the processioners before they act, and returned with their proceedings. tual service. 3. Affidavit of a disinterested person of the service of a Affidavit of acnotice on persons interested, or their agents, and of the fact Lands in adjoining counties. Processioners of of such agency, shall, in like manner, be made and laid before the processioners, and returned with their report. § 7. If any person shall own a tract of land, which, in part, lies in two or more adjoining counties, the processionCounty embracers of that county in which the greater part thereof lies may procession the whole tract. ing greatest part to act. Proceedings fuil to be report ed, recorded, and preserved in the County clerk's of fice. § 8. The reports of processioners, the plats and certifiin cates of the surveyor, notices and affidavits, and depositions taken by the processioners, shall, when returned to the county court, be recorded in a book kept for that purpose, and filed away and carefully kept by the clerk, and shall be prima facie evidence against and between the parties interested, and others claiming through or under them. CHAPTER 65. LANDS WEST OF THE TENNESSEE RIVER. Office of Receiver abolished-Duties of Register of Land Office in respect thereto. §1. The office of receiver of public money for lands west Office of receiver of the Tennessee river is abolished. abolished. as to transmis sion of books, &c., of officer to the Register. § 2. It shall be the duty of the present incumbent of that Duty of receiver office, within two months after this revision goes into effect, to make out a complete descriptive list of all the books, maps, plats, and papers pertaining to his office, and send the same, with a copy of the list, by the safest and cheapest mode of conveyance, to the Register of the Land Office, Duty of Register whose duty it shall be to compare the books, papers, &c., received by him with the list forwarded, and if found correct, so to indorse on the said list, and file the same with the Secretary of State for preservation. in respect thereof Future entries to Register. § 3. All entries of lands west of the Tennessee river shall thereafter be made with the Register of the Land Office, be made with the and his certificate of entry shall be all the authority upon which to obtain a patent. No certificate of entry for any quarter section or fraction of a quarter section shall be issued, if it shall appear from the receiver's books that the same hath been heretofore entered, except as hereinafter Mode of procur- prescribed; but before the Register of the Land Office shall have any authority to issue a certificate of entry for any land, the party entering the same shall first produce to and ing a certificate. file with the Register a plat and certificate of survey of the land made out by the county surveyor, and a receipt of the county treasurer, attested by the county court clerk, for the entry price of the land. tained, and to whom to be is sued. when it may be § 4. The Register shall cause a patent to be issued for Patents-howoball lands mentioned in any certificate of entry heretofore issued, or that may be hereafter issued by him, when three months shall have elapsed after the date of filing the same in his office, unless it shall appear from the books of his office that a patent had previously issued for the same land. The patent shall be issued to the person named in the certificate of entry, or to the last assignee thereof. § 5. If it shall appear from the receiver's books that any Re-entry of land, quarter section or fraction of a quarter section has been made. entered; but if it shall further appear that the entry has been made more than fifteen years, and the certificate has not been filed in the office of the Register, such quarter section or fraction of a quarter section shall, at the expiration of two years from the time this revision goes into effect, be open and subject to re-entry; and upon the entry thus made a patent may issue. But no such entry or patent issued thereon shall be valid against an actual resident upon the land embraced therein, nor against the owner thereof, unless notice in writing of the intention to enter the same Notice required, shall have been given to said resident or owner, if he reside in the county or adjoining county more than three months prior to the date of such entry. when. $6. The party entering lands under this chapter shall Fee of treasurer pay to the county treasurer, for the use of the county, the sum of twelve and a half cents per acre for each acre entered. CHAPTER 66. LANDLORD AND TENANT. ART. 1. Powers and Rights of Landlord and Tenant in and over Leases. 66 4. Tenant not to hold over-Remedy of Landlord-Limitation. 2 R. S., 91. 66 6. When Tenancy at Will, &c., may be terminated-Stipulations for Labor-Notice-Exemption. ARTICLE I. Powers and Rights of Landlord and Tenant in and over § 1. A conveyance made by a tenant for life or years, purporting to grant a greater estate than he has, shall not work a forfeiture of his estate, but shall pass to the grantee all the to grantee all the estate which such tenant could lawfully convey. Tenant for life conveying great er estate passes estate tenant has. tenant, without the tenancy. § 2. Unless the landlord consents thereto in writing, every Assignment by a assignment, or transfer of his term or interest in the premconsent, forfeits ises, or any portion thereof, by one who is a tenant at will or by sufferance, or who has a term less than two years, shall operate a forfeiture to the landlord, who, after having given the occupant ten days' written notice to quit, may re-enter and take possession, or may, by writ of forcible entry or detainer, or other proper procedure, recover possession of the premises from any occupant thereof, whoever he or she may be. When tenant liable to pay double rent. 3. A tenant, who, after having given notice of his intention to quit possession of the premises, fails to do so at the time specified, or a tenant whose term expires at a time certain, who shall refuse to deliver possession, or a tenant who, having entered under an agreement to dispense with notice, refuses to deliver possession when the same is demanded, shall pay to the landlord double the rent he would have otherwise been bound to pay, to be computed from the time he should have surrendered the possession, recoverable in same No notice to quit, manner as original rent. If, by the contract, the term is to expire at a time certain, or notice to quit is dispensed with, none need be given.(a) when. (a) In general, the relation of landlord and tenant is destroyed by a judgment of eviction. (Mills vs. Peed, 14 B. M., 181.) 2. One whose entry on land is lawful, and who keeps the owner out by injunction, is a quasi tenant. (Tinsley vs. Tinsley, 15 B. M., 460.) |