North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Confirm and Erect that Part of Province of North Carolina called Edgecomb County, into a County, by the Name of Edgecomb County, and for the Establishing the said County a Parish; and for Ascertaining the Boundary Line Between the Northwest and Society Parishes, in Bertie County.

Laws of North Carolina Passed in 1741, Chapter VII

The State Records of North Carolina Volume XXIII - Pages 164-165

I. Whereas, the Inhabitants of Edgecomb County, in this Province, who are very numerous, labour under great Hardships, for want of Representatives in the General Assembly of this Province.

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, And it is hereby Enacted, by the Authority of the same, That that part of Edgecomb County of this Province now called Edgecomb County, be, and is hereby established a County, by the name of Edgecomb County, the Bounds whereof shall be as follows: Beginning on Roanoke River, at Jenkin Henry's Upper Corner Tree, from thence a straight Course to the Mouth of Cheek's Mill Creek, on Tar River; and from the Southside of the said River, opposite to the said Cheek, a straight line unto the Middle grounds, between Tar and Neuse rivers; which shall be the dividing line between Beaufort and Edgecombe, and Craven Counties; and from thence up as nigh as may be, keeping the Middle between the said two Rivers, which shall be the dividing Line between the Counties of Craven and Edgecomb, and Beaufort; and the County Courts of Craven and Edgecomb are hereby impowered, each of them, for their respective Counties, to appoint Two Commissioners to run out the Bounds or dividing line between Craven and Edgecombe which Line so run out as above said, and marked, shall be the dividing Line between the said Counties.

III. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said County, qualified to vote, as the Law directs, shall, forever, after the Ratification of this Act, send Two Representatives to the General Assembly of this Province; which Representatives shall have as full Power to consult and vote in the General Assembly, as the Representatives of any other County.

IV. And be it further Enacted, by the Authority aforesaid, That the said County shall have Justices of the Peace, and a County Court, with the like Jurisdiction with the Courts of the other Counties of this Province; and likewise, a Sheriff, a Coroner or Coroners, and all other Officers incident to a County.

V. And whereas divers Disputes have arose, touching the Legality of the Courts heretofore established in the said County, and touching the Validity of the Commission appointing a Sheriff for the said County; which have disquieted the Minds of the Inhabitants of the said County.

VI. Be it therefore Enacted, by the Authority aforesaid, That all Judgments, Executions, Orders, and Proceedings of the said Court, pronounced, issued, and made, agreeable to the Rules of Law, and the Execution of all Writs whatsoever, done according to Law, and all other Acts done by the said Sheriff, by Virtue of his Office aforesaid, be, and are hereby confirmed and declared valid; any Defect in the Order of the Governor and Council, made for the Establishment of the aforesaid County, notwithstanding.

VII. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County Court, be, and are hereby impowered, to lay a Poll Tax, on the Inhabitants of the said County, not exceeding the Sum of Five Shillings, Proclamation Money, and to cause the same to be levied, in the Manner other Public Taxes are levied and collected, and with the said Tax, at some convenient Place in the said County, at their Discretion, to erect a Court House, Prison, and Stocks; and likewise, at all Times hereafter, as often as the said Court House or Prison shall be out of Repair, to lay a Poll Tax on the said Inhabitants, not exceeding such Sum of Money as shall be necessary, for repairing the said Buildings.

VIII. And be it further Enacted, by the Authority aforesaid, That the said County be, and is hereby established a Parish, by the Name of Edgecomb Parish; which Parish shall be distinct from the Parishes of which it was heretofore a Part; any Act of Assembly to the contrary, notwithstanding: And the Freeholders of the said Parish, duly qualified to vote, as in other Parishes, are hereby impowered to chose a Vestry, and the said Vestry to elect Churchwardens; which Vestry shall have as full Power and Authority to lay Taxes, and to do all other Matters and Things to a Vestry belonging, as the Vestries of the other Parishes of this Province.

IX. And to the End, the First Vestry of the said Parish be duly Elected, Be it further Enacted, by the Authority aforesaid, That the Sheriff of the said County shall summon the Freeholders of the said Parish to meet, at such Place as shall hereafter be appointed for the Court House of the said County, who shall then and there Elect Twelve Vestrymen, and the said Vestrymen shall then and there Elect, out of their Number, Two Churchwardens; which Vestry and Churchwardens shall continue in Office until the Time by Law appointed for Election of new Vestries and Churchwardens, in the several Parishes in this Government; and the said Freeholders shall then, and for ever after, elect Vestries and Churchwardens, according to the Method by Law prescribed for the Choice of Vestries and Church Wardens for the several Parishes in this Province.

X. And for ascertaining the Bounds between the Northwest and Society Parishes, in Bertie County, Be it Enacted, by the Authority aforesaid, That the Boundary Line of the said Parishes shall run thus to-wit: From the Mouth of Sandy Run, to the Head thereof; and from thence, in straight Line, to Ahoskey Swamp, and from thence, along the old dividing Line between the said Two Parishes; which Line shall, forever, be deemed the Boundary Line of the said Two Parishes; any Law to the Contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That the Arrears now due from the Inhabitants of Edgecomb County, to Society and Northwest Parishes, of which it was a Part, shall be paid to the Churchwardens of the said Society and Northwest Parishes, as if this Act had not been made.

Signed by,

GABRIEL JOHNSTON, ESQ., Governor.
WILLIAM SMITH, President.
JOHN HODGSON, Speaker.



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