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Be it enacted by the General Assembly of the state of North
Carolina, and it is hereby enacted by the authority of the same,
That all that portion of the Counties of Burke and Wilkes, beginning
at Lovelady Ford, on the Catawba II. Be it further enacted, That this Act shall be in force from and after its passage. Ratified 11th January, 1841. WILLIAM A. GRAHAM, S.H.C. North Carolina |
* During the same General Assembly the Legislature passed the following "supplemental Act" to the above: |
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Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That the County of Caldwell shall be, and is hereby invested with all the rights, privileges and immunities of the Other Counties in this State, except as is hereafter provided. II. Be it further enacted, That the Justices of the Peace, and Officers of the Militia, who reside within the limits of the County of Caldwell, shall continue to hold and exercise all the official powers and authorities in and for said County, that they have hitherto held and exercised in the Counties of Burke and Wilkes. III. Be it further enacted, That the Constables now residing
in the County of Caldwell, shall continue to hold their IV. Be it further enacted, That the Counties of Burke, Wilkes
and Caldwell, shall continue to be represented in the V. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established in and for the County of Caldwell, to be held by the Justices of said County, the first Court to be held on the first Monday in March, in the year one thousand eight hundred and forty-one, and thereafter, to be held on the fourth Monday in April, July, October and January, in each and every year; Provided, that no Court shall be held on the fourth Monday in April, one thousand eight hundred and forty-one, and that the Sessions of said Court shall he held at the Storehouse of George Powell, near the house of George Smith, Jun, until the seat of Justice for said County shall be established, as herein provided, and that at the first Session of said Court, a majority of tlic Justices of the Peace being present, shall elect a Clerk, Sheriff, Coroner, Register, Entry-taker, Surveyor, Constables, and all other officers for said County, who shall enter into Bonds as required by law and shall hold and continue in said offices until successors to them are duly chosen and qualified, according to the Acts of the General Assembly in such cases made and provided. VI. Be it further enacted, That the Court of Pleas and Quarter
Sessions, established by this Act, shall possess and VII. Be it further enacted, That all criminal offenses which
may be committed in that part of Caldwell taken from VIII. Be it further enacted, That all persons who may be liable to imprisonment under any process, either criminal or civil, in Caldwell County, before the completion of a Jail in said County, shall be committed to the Jail of either the County of Burke or Wilkes. IX. Be it further enacted, That all process issued from the Superior Courts of Burke or Wilkes against the citizens of Caldwell, shall be valid without the Seal of office being affixed thereto, until a Superior Court is created for the County of Caldwell; and all process so issued, until a Sheriff shall have been elected for the County of Caldwell, shall be executed by either the Sheriff of Burke or Wilkes; and after that time, such process shall be directcd to the Sheriff of Caldwell, and be executed by him. X. Be it further enacted, That Catlet Jones, Edmund Jones, William Dickson, Daniel Moore, Senior, William Watts, John Blair, Senior, Levi Laxton, Senior, Peter Ballew, Junior, and Abner Pain, are hereby appointed Commissioners to select and determine upon a site for a permanent Seat of Justice for said County, who shall locate the same as near the center of said County as practicable, and a majority of said Commissioners shall have power to act. XI. Be it further enacted, That a majority of said Commissioners shall have power to purchase or receive by donation, for the County of Caldwell, a tract of land, consisting of not less than twenty-five acres, to be conveyed to the Chairman of the County Court of said County, and his successors in office, upon which a Town shall be laid off, and called "Lenoir,'' where the Court House and Jail shall be erected, and where, after the completion of the Court House, the Courts of said County shall be held, and the Clerks and Register shall keep their offices. XII. Be it further enacted, That the County Court of Caldwell,
at its first Session, shall appoint five Commissioners to lay
off the lots of said town, and after designating such as shall
be retained for Public uses, shall expose after due XIII. Be it further enacted, That nothing in this Act shall
be so construed as to prohibit the Sheriffs of Burke and XIV. Be it further enacted, That this Act shall not be so
construed as to prevent the Sheriffs of Burke and Wilkes XV. Be it further enacted, That the Courts of Pleas and Quarter Sessions of Burke and Wilkes, shall have power until a Superior Court is created for Caldwell, to draw Jurors from said County as heretofore for Burke and Wilkes Superior Courts, and tlie Jurors so drawn shall be summoned by the Sheriff of Caldwell, and for non-attendance, shall be subject to the same penalties as are now prescribed by law. XVI. Be it further enacted, That the Courts of Pleas and Quarter
Sessions for the County of Burke, heretofore held upon the fourth
Monday in July and January, shall after the first day of March
next, be held upon the third Monday XVII. And be it further enacted, That this Act shall be in force from and after its ratification. Ratified 11th January, 1841. WILLIAM A. GRAHAM, S.H.C. North Carolina |
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