North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Erecting Part of St. Philip's Parish, in New Hanover County, and the Lower Part of Bladen County, into a Separate County, by the Name of Brunswick County; and for Dividing the County of Granville, and Erecting that Part Thereof Called St. John's Parish, into a Separate and Distinct County, by the Name of Bute County.

Laws of North Carolina Passed in 1764, Chapter XIV

The State Records of North Carolina Volume XXIII - Pages 622-627.

I. Whereas the great extent of the respective Counties of New Hanover and Bladen, render the attendance of the Inhabitants of St. Philip's Parish, in New Hanover County, and the Inhabitants of the lower Part of Bladen County, to do Public Duties in their respective Counties, extremely difficult and expensive,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That that Part of Bladen County which lies to the Westward of the Northwest Branch of Cape Fear River, be divided from the upper Part of Bladen County, by a line beginning at the upper Corner of a Tract of Land on which the Plantation of John Grange is situate, above the Mouth of Beaver Dam Creek, which Plantation lately belonged to Mr. Robert Howe, running from thence a direct Course to the East side of the Lake on Waggamaw River; and from thence by a West Line to the Bounds of the Province, so as to leave all the Inhabitants of the said Lake in Bladen County; and that the said Lower Part of Bladen County, together with all that Part of New Hanover County called St. Philip's Parish, except so much thereof as lieth to the North Westward of the dividing Line hereby directed to be run to the Lake, and from thence to the Bounds of this Province, be erected into a Distinct County, by the Name of Brunswick County.

III. And be it further Enacted by the Authority aforesaid, That all that Part of St. Philip's Parish which lieth to the North westward of the said Line, to the East End of the Lake, and from thence to the Bounds of the Province, be annexed to, and it is hereby declared to be Part of Bladen County.

IV. And for the due administration of Justice; Be it Enacted by the Authority aforesaid, That from and after the First Day of March Next, an Inferior Court of Pleas and Quarter Sessions for the said County of Brunswick shall be held, Quarterly, on the Third Tuesdays in March, June, September and December, at the Town of Brunswick, by Commission to the Justices, in the same Manner as other Inferior Courts of Pleas and Quarter Sessions are held within this Province; And the said Inferior Court shall take Cognizance of all Matters, Suits and Things, and is hereby vested with the same Powers, Jurisdictions, and Authorities, that any other Inferior Court is, hath, or can have by Virtue of an Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

V. And be it further Enacted, by the Authority aforesaid, That the said Justices to be appointed for the County of Brunswick, are hereby directed to meet on the Third Tuesday in March next, at some convenient Place in the Town of Brunswick, and take the Oaths by Law appointed for their Qualification; and the Justices of the said County of Brunswick, or any Three of them, after being so qualified, shall hold an Inferior Court of Pleas and Quarter Sessions at the Place and Times hereinbefore appointed: And the said Justices of the Peace, and every of them, at all Times during their continuance in Office, as well within their Inferior Courts of Pleas and Quarter Sessions as without, shall have and exercise the same Powers and Authorities, and be subject to the same Forfeitures and Penalties, as other Justices of the several Counties within this Province are liable to.

VI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said County to lay a Poll Tax on the Inhabitants thereof, not exceeding One Shilling Proclamation Money, per Annum for the Term of Two Years, for building a Court House, Prison and Stocks, in the said County, at the Town of Brunswick; which said Tax shall be collected by the Sheriff of the said County, at such Times, and in the same Manner, as other Taxes are collected, and shall be paid to the Person or Persons who shall be impowered to receive the same.

VII. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of New Hanover, or the Sheriff of the said County of Bladen, as the same Counties respectively stand undivided, to make Distress for any Tax, Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said Counties on the Tenth Day of March, in the same Manner as by the said Sheriffs respectively could or might have been done if the said Counties had remained undivided; and the said Taxes, Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained to the Contrary notwithstanding.

VIII. And to the End that no Action commenced in New Hanover County or Bladen County, be defeated by the Division aforesaid; Be it Enacted by the Authority aforesaid, That where any Action is already commenced in the County of New Hanover, or in the County of Bladen, and the Parties or Evidences, shall be Inhabitants of Brunswick County, all subsequent Process against such Parties or evidences shall be directed to be executed by the Sheriff of New Hanover County, if such Evidence was commenced in New Hanover County, or to the Sheriff of Bladen, if such Action was commenced in Bladen County, to the End and final Determination of the said Causes; any Law, Usage, or Custom to the Contrary notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said County of Brunswick shall be, continue and remain, Part of the District of the Superior Court of Justice to be held at Wilmington, for the Counties of New Hanover, Bladen, Onslow, Duplin, and Cumberland; and the Justices of the Court of the said County of Brunswick, shall, and they are hereby directed, at the Court to be held for the said County next preceding every Superior Court, to nominate Eight Freeholders, to serve as grand and Petit Jurors at such Superior Court; a List of which Jurors so nominated shall be delivered by the Clerk of such Court to the Sheriff, who shall and is hereby required to summon the Persons so nominated to serve as Jurymen at the Superior Court of Justice held for the District of Wilmington; which Jurymen so nominated, shall have and receive, the same allowances, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen are in the respective Counties of this Province; and the Sheriff of the said County of Brunswick shall, from Time to Time, account for and pay to the Public Treasurer for the Southern District of this Province for the Time being all Public Levies by him Collected, or wherewith he shall stand Chargeable, in the same Manner, and under the same Pains and Penalties, as other Sheriffs of the said District.

X. And whereas the Jurors appointed by the Jury Act to serve at the Superior Court for the District of Wilmington, were limited to sixteen for the County of New Hanover; Be it therefore Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court, after the passing of this Act, shall be only Eight for the said County of New Hanover; any Thing in the aforesaid Act for appointing Jurors to the contrary notwithstanding.

XI. And be it Further Enacted by the Authority aforesaid, That the several and respective Sheriffs to be commissioned for the said County of Brunswick, shall be in the same Manner as is directed for appointing and commissioning the Sheriffs in the other Counties in this Province; and the said Sheriffs so commissioned for the said County of Brunswick, shall account for and pay to the Treasurer of the Southern District all Monies which he shall or ought to receive, in the same Manner as other Sheriffs, and shall have and exercise the same Powers and Authorities, and be liable to the Fines, Forfeitures, and Penalties, as are directed and Inflicted by the several Acts of Assembly of this Province in such Cases made and Provided.

XII. And be it further Enacted, by the Authority aforesaid, That the Justices of the County of Brunswick are hereby impowered and directed to employ, or cause to be employed, Workmen for building a Court House, Stocks, Prison and Pillory in the said Town of Brunswick, for the Use of the said County of Brunswick; and the said Court, and all Causes, Matters and Things, in the same depending, after such Court House shall be so built, shall stand adjourned from the Place where the Court shall before have been held, to the Court House.

XIII. And be it further Enacted, by the Authority aforesaid, That William Dry, Robert Howe, William Bartram, Hugh Waddle, and Robert Johnston, Esqrs., be appointed Commissioners, and they or any Three of them, are hereby impowered and directed to run a dividing Line between the County of Bladen and Brunswick County, agreeable to the Directions in this Act before mentioned; which said Commissioners shall be paid their necessary Expenses for running the said Lines, by the Court of their several Counties, out of the County Tax.

XIV. Provided always, That nothing herein contained shall be construed, deemed, or taken, to derogate from the Right and Royal Prerogative of his Majesty, his Heirs and Successors of granting Letters of Incorporation to the said County of Brunswick, and directing the Election of a Member or Members to represent the said County in General Assembly, of granting Markets and Fairs to be kept and held therein; but that the said Right and Prerogative shall and may at all times hereafter, be exercised therein by his said Majesty, his heirs and Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been made.

XV. And whereas by Reason of the large extent of the County of Granville, it is greatly inconvenient for the Inhabitants, to attend the Courts of the said County, General Musters, and other Public Duties by Law required: Be it Enacted by the Authority aforesaid, That from and after the Tenth Day of June next, The said County of Granville shall be divided into Two Distinct Counties: and that all that Part of the said County which is now called or known by the Name of the Parish of Granville, from and after the said Tenth Day of June, shall be a Distinct County, and remain to be called Granville County: and that all that Part of the said County called and known by the Name of St. John's Parish, shall, after the said Tenth Day of June, be another Distinct County, called by the Name of Bute County.

XVI. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of June, a Court for the said County of Granville shall be quarterly held by the Justices thereof at the Place in the said County known by the Name of Oxford, upon the Days, and on the Times by Law appointed for that purpose: and also that a Court for the said County of Bute shall be quarterly held by the Justices thereof, on the Land of Jethro Sumner, at a Place known by the Name of Buffalo Race Path, upon the Third Tuesday in February, May, August, and November, in every Year, as by the Laws of this Province is or shall be provided and as by commission, shall be directed to the Justices of the said Counties respectively.

XVII. And be it further Enacted, by the Authority aforesaid, That from and after the said Tenth Day of June next, all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, and other Matters and things, in the said County of Granville depending, shall stand adjourned and continue from the present Court House, to Oxford: and all appearances and Returns of Process shall be made on the Days by Law appointed for holding the said Court at Oxford; and all Suitors and Witnesses bound to appear thereat, in the same Manner as if the said Court had not been removed from the present Court House; and all subsequent Process which shall or may Issue on any Action which shall be commenced before the said Tenth Day of June next, and not determined in the said Court of Granville, shall be directed to, and executed by the Sheriff of the County of Granville, to the Final Determination of such Causes: any Law, Usage or Custom to the Contrary notwithstanding.

XVIII. And be it further Enacted, by the Authority aforesaid, That after the said Tenth Day of June, the said County of Bute shall be, continue and remain, Part of the District of the Superior Court of Justice to be held at Halifax, for the Counties of Northampton, Halifax, Edgecomb, Granville, Johnston and Orange; and the said Justices of the Court of the said County of Bute shall and they are hereby directed, at the Inferior Court next before every Superior Court of the said District to nominate Four Freeholders to serve as Grand and Petit Jurors at such Superior Court.

XIX. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Granville, as it now stands, to make Distress for any Levies, Fees, or other Duties, that shall be due from the Inhabitants of the said County on the said Tenth Day of June, in the same Manner as he might or could by Law have done if the said County had still remained undivided; and the said Levies, Fees, and other Duties, shall be accounted for in the same Manner, as if this Act had never been made; any Thing herein contained to the contrary notwithstanding.

XX. And whereas the Jurors appointed by the Jury Act to serve at the Superior Courts for the District of Halifax, were limited to eight for the County of Granville; Be it therefore Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court after the passing this Act, shall be only Four for the said County of Granville; any Thing in the aforesaid Act for appointing Jurors to the contrary notwithstanding.

XXI. And be it further Enacted by the Authority aforesaid, That the Sheriff of the said County of Bute for the Time Being, after the said Tenth Day of June, shall account with and pay to the Public Treasurer of the Northern District of this Province, all Public Monies by him to be collected, under the same Rules and Restrictions, Fines, Penalties, Process, and Remedies, as other Sheriffs are by Law subject to.

XXII. Provided always, That nothing herein contained shall be construed, deemed, or taken or derogate from the Right and Royal Prerogative of his Majesty, his heirs or Successors, of granting Letters of Incorporation to the said County of Bute, and of ordering, appointing and directing the Election of a member or Members to represent the same in general Assembly and of granting Markets and Fairs to be kept and held in the said Counties respectively; but that the said Right and Prerogative shall be at all times hereafter exercised by his said Majesty, his Heirs and Successors, in as full and ample Manner to all Intents and Purposes whatsoever, as if this Act had never been made.

XXIII. And be it further Enacted, by the Authority aforesaid, That Mr. Samuel Benton, Mr. Robert Harris, and Mr. Philip Taylor, or a majority of them, be, and are hereby appointed Commissioners, and are impowered and directed to agree and contract with Workmen for erecting and building a Court House, Prison, Pillory and Stocks, for the use of the said County of Granville; and that Mr. Solomon Alston, Mr. William Johnston, and Mr. Julius Nichols, or a Majority of them, be and are hereby appointed Commissioners, and are impowered and directed to agree and contract with Workmen for erecting and building a Court House, Prison, Pillory, and Stocks, for the use of the said County of Bute.

XXIV. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings, Be it therefore enacted by the Authority aforesaid, That a Poll Tax of Three Shillings, Proclamation Money, per annum, shall be levied on each Taxable Person, in the said Counties respectively, for Two Years next, after the first Day of November next; and that all Persons in either of the said Counties who shall neglect to pay the said Tax after the first Day of March in each Year, shall thereafter be liable to the same Distress, as for non-payment of Public Taxes; and the Sheriff of each of the said Counties are hereby required and directed, on or before the tenth Day of June, in the said Years respectively, to account for and pay the said Monies by them to be collected, to the Commissioners aforesaid, after deducting six per cent for his Trouble in collecting the same, that is to say, as much thereof as shall be levied on the taxable Persons, of the said County of Granville to the aforesaid Samuel Benton, Robert Harris, and Philip Taylor, the Survivor or Survivors of them; and such Part of the same as shall be levied on the Taxable Persons of the County of Bute, to the aforesaid Solomon Alston, William Johnston, and Julius Nichols, the Survivors or Survivor of them; and in Case of Failure or neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions and Remedy, for performing the Payment thereof, as by Law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.

XXV. Provided nevertheless, That if the Money so to be collected shall be more than sufficient to answer the Purposes aforesaid, the said Commissioners respectively shall account for, and pay the overplus thereof, to the Justices of the Court of the County for which they are hereby appointed Commissioners; to be applied towards defraying the Contingent Charges of such County.

Signed by,

ARTHUR DOBBS, ESQ, Governor.
JAMES MURRAY, President.
JOHN ASHE, Speaker.

Read three times, and ratified in open Assembly, the 9th Day of March 1764.



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