North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing Bute County into Two Distinct Counties and for Other Purposes Therein Mentioned.

Laws of North Carolina Passed in 1779, Chapter XIX

The State Records of North Carolina Volume XXIV - Pages 227-230.

I. Whereas, the large extent of the County of Bute renders the attendance of the Inhabitants in the extreme parts of said County to do public duties extremely difficult and expensive; for Remedy whereof,

II. 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 from and after the passing of this Act the County of Bute shall be divided into two distinct Counties by a direct line from the Granville line to Halifax or Nash County line as the case may be, leaving in each part or division an equal quantity of Acres as near as can be ascertained, and in order that the same may be ascertained with as much precision as possible.

III. Be it further Enacted by the Authority aforesaid, that Julius Nichols, William Duke, John Falian, John Norwood and Matthew Thomas, or a majority of them be, and they are hereby appointed commissioners to measure the lines of said County on every side and to run the dividing line so as to make each respective division as convenient to the respective persons residing therein as possible, which said lines when run by the commissioners, or a majority of them, shall be entered on the Record of each County, and all that part or division which lies North of said line & adjacent to Virginia shall be a distinct County by the name of Warren, and all that part or division that lies South of said line shall be a distinct County by the name of Franklin; and for the due administration of Justice, be it Enacted by the Authority aforesaid, that Justices of the Peace shall be nominated and Commissioned and Courts held in each of the respective Counties of Warren and Franklin in the same manner and with the same powers and Jurisdiction as Justices & Courts in other Counties in this State, and the Courts for the County of Warren shall be constantly held on the second Monday in February, May, August and November in each and every year, and the Courts for the County of Franklin shall be constantly held on the third Monday in March, June, September & December in each and every Year, and the first Court for the County of Warren shall be held at the present Court House on the second Monday in February, and the first Court for the County of Franklin shall be held at the house of Benjamin Seawell, lately owned by Bell, and the Justices for each of the Counties of Warren and Franklin are hereby authorized to adjourn to such places in their respective Counties as they shall think most convenient to hold all subsequent Courts until Court Houses shall be built in each respective County, and in order that the Center of each County may be found as near as may be for the purpose of building a Court House, Prison & Stocks, the aforesaid Commissioners appointed to Measure & run the dividing line, are hereby appointed Commissioners to find the center of each County; but if the same shall not be Convenient to good water then the Commissioners are hereby authorized to fix the place for Sitting the Court House, &c., at the most convenient place where good water may be had nearest the said center and that Julius Nichols, William Duke & John Falian, or any two of them be appointed Commissioners in the County of Warren and that John Norwood, Matthew Thomas and Joseph Norris be appointed Commissioners, or any two of them, for the County of Franklin, which said Commissioners are hereby authorized and impowered to purchase one hundred acres of land where the place for building the Court House, &c., shall be fixed on in each respective County, but if the proprietor or proprietors, of said Lands shall refuse to sell the same for a reasonable price, then the Commissioners are hereby authorized to purchase one hundred acres of any other person or persons as near the Center as the aforesaid convenience of Water will permit.

IV. And be it further Enacted by the Authority aforesaid, That the said Justices to be appointed for the Counties of Warren and Franklin are hereby directed to meet on the same days and at the same places before appointed for holding Courts in each of the said Counties & take the oaths prescribed for their qualification, and each and every of them at all times during their continuance in Office as well within their County Courts as without, shall hold and exercise the same power and authority and be subject to the same forfeitures and Penalties as other Justices of the Peace in this State are liable to.

V. And be it further enacted by the authority aforesaid, that Julius Nichols, William Duke and John Falian, or any two of them, be impowered and directed to agree and contract with proper workmen to erect a Court House, &c., in the County of Warren, and that John Norwood, Matthew Thomas and Joseph Norris, or any two of them, be impowered and directed to agree and contract with proper workmen to erect a Court House, &c., in the County of Franklin.

VI. And be it further Enacted by the Authority aforesaid, That all Causes, Pleas, Suits, Actions, and every Species of Controversy whatever in the County Court of Bute now depending and unfinished shall be transposed to the Dockets of the Court of Warren County in the same order and arrangement as the same now stands on the Dockets and Records of the said County of Bute.

VII. And be it further Enacted by the authority aforesaid, That a tax of two shillings and six pence be laid on every hundred pounds value of all Taxable property on the Inhabitants of the Counties of Warren and Franklin agreeable to the Assessment Act and a poll Tax of six shillings & six pence on all persons who have not an Estate of one hundred pounds taxable property, for three years, for the purpose of paying the Commissioners for their services as well as for the aforesaid Land, Court House, &c., and to be collected in the same manner as other public Taxes and to be paid into the hands of the said Commissioners for the purposes aforesaid, after the Collectors deducting their Lawful Commissions for collecting the same.

VIII. And be it further Enacted by the authority aforesaid, That nothing herein contained shall be construed to bar the Sheriff or Collectors of the County of Bute as the said County stood undivided to make distress for any Taxes, Fees or other dues as shall be due from the Inhabitants of said County at the time of passing this Act in the same manner as by Law the said Sheriff or Collectors might or could have done if the said County had remained undivided & the said Taxes, Fees, and other Dues shall be Collected and accounted for in the same manner as if this Act had never been made; anything herein contained to the Contrary notwithstanding.

IX. And be it further Enacted by the Authority aforesaid, That the Justices of the County Courts of Warren and Franklin shall each appoint five freeholders to serve as Jurors at the Superior Courts for the District of Halifax.

X. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act the said Counties of Warren and Franklin shall be considered as part of the District of Halifax and shall be entitled to send the same number of members to represent said Counties in General Assembly as other Counties in this State, and to enjoy all the privileges & immunities as other Counties in this State are entitled to.

XI. And be it further Enacted by the Authority aforesaid, That each of the County Courts of Warren and Franklin shall allow reasonable pay to their respective Commissioners appointed in each of their Counties for their Services, and may direct the Commissioners appointed to receive Taxes for said purposes to pay them the same, and after the Commissioners have fully paid for the Lands and County Buildings aforesaid, they the said Commissioners shall account with their respective Courts for the due application of whatever sum of Money they may have received for the purposes aforesaid, and if there should remain any Surplus the Counties of Warren and Franklin shall appropriate the same towards defraying the Contingencies of their respective Counties.

XII. And be it further Enacted by the Authority aforesaid, That the Justices which are now in the Commission for the County of Bute shall continue in Office and be impowered to hold Courts and execute all and every thing to the office of the Justice of Peace belonging in the Counties of Warren and Franklin without any new Commission; anything to the contrary herein notwithstanding.

XIII. And be it Enacted by the Authority aforesaid, That the Lands entered with the entry taker for Bute as it stands undivided which lie in Franklin and are not yet surveyed, shall be Surveyed by the Surveyor of Franklin, and the entry taker is hereby Commanded to issue his warrants to the same.

Read three times and Ratified in General Assembly, the 12 Day of February, Anno Dom. 1779.

ALLEN JONES, S. S.
THOS. BENBURY, S. C.



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