North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing the County of Anson into Two Distinct Counties, and Other Purposes Therein Mentioned.

Laws of North Carolina Passed in 1779, Chapter XXI

The State Records of North Carolina Volume XXIV - Pages 232-234.

I. Whereas, the large extent of the County of Anson renders it grievous and troublesome to many of the Inhabitants thereof, to attend the Courts, General Elections, and other Public Meetings appointed therein,

II. Be it therefore 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 said County of Anson be divided by the Road leading from Monroe's Bridge on Drowning Creek to Colson's Ferry to a point opposite the Mouth of Rocky River, thence running a direct Line crossing Pee Dee River to the Mouth of Rocky River, thence up the various courses of Rocky River to the Dividing Line between the Counties of Anson and Mecklenburg, and that all that part of the said County of Anson, which lies to the North of the said dividing Line, shall be erected into a new and Distinct County by the name of Montgomery. And for the due Administration of Justice.

III. Be it Enacted by the Authority aforesaid, That Courts for the said County of Montgomery shall be constantly held by the Justices thereof on the first Mondays in April, July, October and January, and the Justices for the said County of Montgomery are hereby authorized and impowered to hold the first Court in the said County of Montgomery at the House of Henry Mungers on the first Monday in April next, and all subsequent Courts for the said County of Montgomery on the Days above mentioned for holding Courts therein, at any place to which the said Justices shall from Court to Court adjourn themselves until a Court House shall be built for the said County of Montgomery, and then all Causes, Matters and Things depending in the said Court, and all Manner of Process returnable to the same shall be adjourned to such Court House; and all Courts held in and for the said County of Montgomery shall be held by Commission to the Justices in the same manner and under the same Rules and Restrictions and shall have, hold and exercise the same power and Jurisdiction as are, or shall be, prescribed for other Courts held for the several Counties within this State.

IV. And be it further Enacted by the Authority aforesaid, That nothing herein contained, shall be construed to debar the late Sheriffs and Collectors of the said County of Anson, as the same stood undivided, to make Distress for any Taxes, Fees or other Dues now actually due and owing from the Inhabitants of the said County as it formerly stood undivided, in the same manner as by Law the said Sheriffs or Collectors could or might have done if the said County had remained undivided; and 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.

V. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act the said County of Montgomery shall be, continue, and remain part of the District of Salisbury, and the Sheriff of the said County of Montgomery shall from Time to Time account for and pay to the Treasurer of the Southern District for the Time being, all public monies by him received, or wherewith he shall stand chargeable in the same manner and under the same pains and penalties as other County Treasurers.

VI. And be it further enacted by the Authority aforesaid, That Henry Mungers, Walton Harris and James Pickett, be appointed Commissioners, and they are hereby required to run the said dividing Line between the said Counties of Anson and Montgomery agreeable to the Directions of this Act, which said Line when run by the Commissioners, or a Majority of them, shall be entered on the Records of each of the said Counties, and shall thereafter be deemed and taken for the dividing Line between the said Counties of Anson and Montgomery.

VII. And be it further Enacted by the Authority aforesaid, That West Harris, James Allen, Edmund Lilly and James Roper Walton, or a majority of them be, and they are hereby impowered and directed to agree and contract for at least fifty Acres of Land, and also to agree and contract with Workmen for building a Court House, Prison and Stocks for the use of the said County of Montgomery thereon, at such place as they, or a Majority of them or their Survivors shall agree upon, and for re-imbursing the said Commissioners the Money they shall expend in erecting the said Buildings and runing the dividing Line between the said Counties.

VIII. Be it Enacted by the Authority aforesaid, that a Tax of Three Shillings on each Hundred pounds value of taxable property shall be, and is hereby assessed on the taxable property in the said County of Montgomery for two years, to commence from the first day of April, and that a poll Tax of Twelve Shillings on each taxable person for two years, and that all persons who shall neglect or refuse to pay the same at the time limited for payment of public Taxes, shall be liable to the same penalties and Distress as for non-payment of Public Taxes and the Collectors of said County are hereby required to collect, account for and pay the Monies so collected to the Commissioners aforesaid after deducting his or their Commissions for collecting the same; and in case of failure or neglect in any of the said Collectors, such Collector so failing or neglecting shall be liable to the same penalties and Recoveries as by Law may be had against Collectors of Public Taxes in like Cases.

IX. And be it Enacted by the authority aforesaid, That all manner of Suits, Causes and Pleas whether Civil or Criminal, now commenced and depending in the County Court of Anson, shall continue & may be prosecuted to a final end and Determination; anything in this Act contained to the contrary notwithstanding.

X. And be it further Enacted by the Authority aforesaid, That the said County Court of Montgomery shall from and after the first day of April nominate and appoint three Freeholders to serve as Jurors at the Superior Courts held for the District of Salisbury.

XI. And be it Enacted by the Authority aforesaid, That all Entries of Land lying in the County of Montgomery which hath or shall hereafter be made with the Entry Taker of Anson County, on or before the second Monday in April, and shall remain unsurveyed on the day aforesaid; that it shall and may be lawful for the said Entry Taker of Anson, and he is hereby required to issue Warrants for all such Entries as aforesaid, to the Surveyor of the said County of Montgomery; any thing in this Act contained to the Contrary Notwithstanding.

XII. And be it Enacted by the Authority aforesaid That the said County Court of Anson from and after the passing of this Act shall nominate and appoint Four Freeholders to attend the Superior Court of Salisbury as 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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