North Carolina - Legislative Acts Creating Precincts / Counties

An Act for the Division of Dobbs County, and other Purposes Therein Mentioned.

Laws of North Carolina Passed in 1779 (2nd Session), Chapter XVII

The State Records of North Carolina Volume XXIV - Pages 290-292.

I. Whereas the large extent of the county of Dobbs renders the attendance of the inhabitants of the extreme parts thereof at the court house, to perform public duties 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 said county of Dobbs be divided, and that William Caswell, Charles Markland, William McKinnie, Senior, Etheldred Ruffin, and Benjamin Cobb, or a majority of them, be, and they are hereby appointed commissioners for running the dividing line, who are hereby directed to run the lines of the said county of Dobbs so that they ascertain the middle part of said county, which when discovered, they shall run a line a north and south course through the middle part of said county; and then all that part of said county which lies eastwardly of the dividing line, shall continue and remain a distinct county, by the name of Dobbs; and that all the other part shall be a distinct county, by the name of Wayne, with the same privileges and immunities as any other county within this State.

III. And for the due administration of justice, Be it enacted by the authority aforesaid, that a court for the said county of Wayne shall be constantly held by the justices thereof on the second Mondays in January, April, July and October, in each and every year; and the justices for the said county of Wayne are hereby authorized and impowered to hold the first court for the same at Josiah Sasser's house, on the second Monday in January next, and all subsequent courts, elections, and other public business, directed by law to be transacted at the respective court-houses in this State, shall be held and transacted for the said county, 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 Wayne, and then all causes, matters and things, depending in 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 Wayne, shall be held by commission to the justices, in the same manner, and under the same rules and restrictions, and shall have and exercise the same powers and jurisdiction, as is or shall be prescribed for other courts held for the several counties in this state.

IV. And be it further enacted, that nothing herein contained shall be construed to debar the late or present sheriff or collectors of Dobbs county to make distress for any taxes, fees, or other dues, now actually due and owing from the inhabitants of said county, in the same manner as by law the said sheriffs or collectors could or might have done if said county had remained undivided; and said taxes, fees, and other dues, shall be collected and accounted for in the same manner as if this Act had never been made.

V. And be it further enacted by the authority aforesaid, that from and after the passing of this Act, the said county of Wayne shall be, continue and remain, part of the district of New Bern; and the county treasurer of said county shall from time to time account for and pay to the public treasurer of the district of New Bern all public monies wherewith he shall stand chargeable, in the same manner, and under the like pains and penalties, as other county treasurers.

VI. And be it further enacted, by the authority aforesaid, that Robert Sims, Thomas Gray, Andrew Bass, Etheldred Ruffin, and William Alford, or the survivors of them, be, and they are hereby impowered and directed, to agree and contract with workmen for erecting and finishing a court house, prison and stocks, for the use of said county of Wayne, at such place as they or a majority of them, shall agree upon, at or near the centre of said county.

VII. And for reimbursing the commissioners for running the dividing line, as also the commissioners for erecting the said buildings; Be it enacted by the authority aforesaid, that a tax of two shillings on every hundred pounds value of assessable property, and a poll tax of two shillings on all persons not possessed of one hundred pounds taxable property, be levied on the inhabitants of said county for two years, to commence from the first day of January, in the year one thousand seven hundred and eighty; and all persons who shall refuse or neglect to pay the said tax 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 and directed to pay the money by them so collected into the hands of said commissioners, after deducting their lawful commissions for collecting the same; and in case of failure or neglect, 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.

VIII. And be it further enacted, that all manner of suits, causes, pleas, and every species of litigation or controversy whatsoever, now commenced and depending in the county court of Dobbs, shall be proceeded on in said court to a final end and determination.

IX. And be it further enacted, that where any inhabitant of Wayne County already hath, or hereafter may make an entry for lands lying in said county with the entry taker of Dobbs County, and the warrant of survey is not already executed, said entry taker is hereby required to make out and direct such warrant to the proper surveyor of Wayne County.

X. And be it further enacted, that a court for the said county of Dobbs shall be constantly held, by the justices thereof, on the first Mondays of January, April, July, and October.

XI. And be it further enacted, that the justices for the said county of Dobbs shall hold the next court for said county in Kingston, at a house lately occupied by Col. James Glasgow, and all subsequent courts for the said county to be held at the said house until a court house shall be built for the said county of Dobbs.

XII. And be it further enacted by the authority aforesaid, that William Caswell, John Herritage, William Ormond, William Hooker and Bryan Whitfield, Esquires, or the survivors of them, be, and they are hereby empowered and directed, to agree and contract with workmen for erecting and finishing a court house, prison and stocks for the use of the said county of Dobbs, at such place as they, or a majority of them, shall agree upon, as nearly centrical as may be convenient.

XIII. And for reimbursing the commissioners for running the said dividing line, as also the commissioners for erecting said buildings; Be it enacted, by the authority aforesaid, that a tax of two shillings on every hundred pounds value of assessable property, and a poll tax of two shillings on every person not possessed of one hundred pounds taxable property, be levied on the inhabitants of said county for two years, to commence from the first day of January, in the year one thousand seven hundred and eighty and all persons who shall refuse or neglect to pay said tax 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 and directed to pay the monies by them so collected into the hands of said commissioners, after deducting their usual commissions for collecting the same; and in case of failure or neglect, 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.

Read three times, and ratified in General Assembly, the tenth day of November, 1779.

ABNER NASH, S. S.
THOMAS BENBURY, S. C.



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