North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing Tryon County into Two Distinct Counties by the Names of Lincoln and Rutherford, and for Other Purposes Therein Mentioned.

Laws of North Carolina Passed in 1779, Chapter XXIII

The State Records of North Carolina Volume XXIV - Pages 236-238.

I. Whereas, the large extent of the County of Tryon renders the attendance of the Inhabitants on the extreme parts of said County to do publick 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 Tryon shall be divided into two distinct Counties, by a Line beginning at the South Line, near Broad River, on the dividing ridge between Buffalo Creek and Little Broad River, thence along said ridge, to the Line of Burke thence along said Line unto the old Cherokee line, thence a due West course into the top of a dividing ridge between the Eastering and Westering Waters, thence along said ridge unto the old line Claimed by South Carolina, and all that part of the said County which lies on the East side of the said line shall be called, and known by the name of Lincoln County, and all that part of the County which lies on the other or West side thereof, shall be called and known by the name of Rutherford County.

III. And be it further Enacted by the Authority aforesaid, That Sampson Lambkin, Benjamin Harden, John Walker & Jonathan Gullett be appointed Commissioners and are hereby required and impowered to run the said dividing line agreeable to the directions of this Act, which said Lines when run by the Commissioners, or a majority of them shall be entered on Record in the Court of each of the said Counties and shall hereafter be deemed and taken to be the dividing lines between the said Counties; which said Commissioners, shall be paid for their trouble and necessary expence for running the said lines; to be paid out of the County Tax of said Counties.

IV. And be it enacted by the Authority aforesaid, That after the said dividing line shall be run as in this Act Directed, the persons who are now in the Commission of the Peace for the County of Tryon shall be and continue Justices of the Peace for the Counties wherein they respectively reside at the time of running the aforesaid dividing line between the Counties of Lincoln & Rutherford and shall be impowered to hold Courts, and execute all and everything to the office of Justice of the Peace belonging in the said Counties of Lincoln & Rutherford, without any new Commission; anything to the contrary notwithstanding.

V. 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 Lincoln & Rutherford in the same manner and with the same powers and Jurisdictions as Justices & Courts in the other Counties of this State; the Courts for the County of Lincoln shall be constantly held on the third Monday in April, July, October & January in each and every year, and the Courts for the County of Rutherford shall be constantly held on the fourth Monday in April, July, October & January in each and every year, and the first Court for the County of Rutherford shall be held at Col. John Walker's, and the Justices of the County of Rutherford are hereby authorized to adjourn to such place in their county as they shall think most convenient to hold all subsequent Courts at until a Court House shall be Built.

VI. And be it further Enacted by the authority aforesaid, That the sum of two shillings for two years be laid upon every Hundred pounds value of the Taxable property within the said County of Rutherford and a Poll Tax of two shillings upon every Freeman whose property does not amount to the value of one Hundred pounds, for the purpose of Building a Court House, Prison & Stocks therein; which said Tax shall be collected by the Sheriff of the County aforesaid 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; and if any surplus should arise from the said Tax that it shall be paid by the said Commissioners to the Court of the said County, to be by them applyed towards defraying the Contingent Charges of the said County.

VII. And be it further Enacted by the authority aforesaid, That nothing herein contained shall be Construed to debar the Sheriff of Tryon County as it stood undivided to make distress for any Taxes, fees, or other dues, which shall be due from the Inhabitants of the said County on the first day of April next, in the same manner as by Law, the said Sheriff might or could do, if the said County remained undivided, and to the end that no action commenced in Tryon County be defeated by the division aforesaid, Be it enacted by the authority aforesaid, That where any action is already commenced in Tryon County and the parties or Evidences shall be Inhabitants of Lincoln County all subsequent process against such parties or evidences shall be directed to be executed by the Sheriff of Lincoln County to the end & final Determination of said Causes; any Law, Usage, or Custom to the contrary notwithstanding.

VIII. And be it further Enacted by the Authority aforesaid, That Benjamin Harden, Thomas Welch, Abraham Kuyrkendol, John Earls & John Potts, and they are hereby appointed Commissioners to lay off and appoint the place, where the Court House, Prison & Stocks for the use of the said County shall be built, and there to erect or cause the same to be erected.

IX. And be it enacted by the authority aforesaid, That the Sheriff of Rutherford County is hereby impowered and directed to account for and pay the money by him so Collected for the Purpose of Building the aforesaid Court House, Prison and Stocks to the Commissioners aforesaid after deducting his Commissions for collecting the same.

X. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act the said Counties of Lincoln & Rutherford shall continue to be considered as part of the District of Salisbury.

XI. And be it further Enacted by the authority aforesaid, That the Commissioners, or a majority of them by this Act appointed, are hereby impowered and directed to employ workmen to build the Court House, Prison and Stocks in the said County of Rutherford—for the use thereof, and the said Court and all Causes and matters therein depending after such Court House shall be built, shall stand adjourned from the place where the Court shall have been held to the said Court House.

XII. And be it further Enacted by the authority aforesaid, that Christopher Carpenter, Valentine Money, James Reed, John Patrick & William Grimes, be and are hereby appointed Commissioners to purchase one hundred acres of Land in the most central and convenient part of the said County of Lincoln to erect a Court House, Prison & Stocks on, and to contract with and employ persons to build a Court House, Prison and Stocks in the County aforesaid.

XIII. And be it further Enacted by the Authority aforesaid, That an additional Tax of Two Shillings be for two years laid upon every Hundred pounds value of Taxable property within the said County, and a poll Tax of one shilling upon every Freeman for the purpose of Buliding a Court House, Prison and Stocks therein which said Tax shall be Collected by the Sheriff of the County aforesaid at such Times and in the same manner as other Taxes are collected and be paid to the person or persons who shall be impowered to receive the same, and if any surplus should arise from the said tax that it shall be paid by the said Commissioners, to the Court of the said County to be by them applied towards defraying the Contingent Charges of the said County.

XIV. And be it further enacted by the authority aforesaid, That all monies hitherto raised for the purpose of Building a Court House, Prison and Stocks in the County of Tryon be equally divided between the Counties of Lincoln & Rutherford, and the respective Commissioners herein named are hereby impowered to Demand, receive, or sue for the same, from all such persons as may have any in their hands.

XV. And be it further enacted by the Authority aforesaid, That from and after the passing of this Act it shall and may be Lawful for the County Court of the County of Lincoln to nominate and appoint three Jurors to attend the General Court held at Salisbury for the District of Salisbury, & for the County Court of Rutherford to nominate and appoint for said General Court three Jurors.

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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