North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing the County of Davidson.

Laws of North Carolina Passed in 1786-1787, Chapter XXXII

The State Records of North Carolina Volume XXIV - Pages 826-828.

Whereas from the extent of the county of Davidson, it renders it very inconvenient and troublesome to many of the inhabitants thereof to attend the courts, general elections, and other public meetings appointed therein:

I. 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 Davidson be divided by a line beginning where the county line crosses the west fork of Stone's River, down the same to the junction with the main Stone's River, thence a direct line to the mouth of Drake's Lick Creek, thence down Cumberland River to the mouth of Kaspus Creek, thence up the said creek to the head of the Wartrace fork, thence a northwardly course to the Virginia line, at a point that will leave Red-River, old Station, one mile to the east; and all that part of Davidson that lies to the west of the said line, shall continue and remain the county of Davidson; and all that part of the said county of Davidson that lies east of the said dividing line, shall thenceforth be erected into a new and distinct county by the name of Sumner: And for the due administration of justice:

II. Be it enacted by the authority aforesaid, That the court for the said county of Sumner, shall be held constanly by the Justices thereof on the second Mondays of January, April, July and October in every year; and the Justices for the said county of Sumner are hereby authorised and empowered to hold the first court in the same at the house of John Hamilton, all subsequent courts for the said county on the days above appointed for holding the 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 Sumner, 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 Sumner, 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 power and jurisdiction, as are or shall be prescribed for other courts held for the several counties in this State.

III. And be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to debar the late Sheriff and Collector of Davidson County, as the same stood undivided, to make distress for any levies, fees or other dues, now actually due or owing from the inhabitants of the said county of Davidson as it formerly stood undivided, in the same manner as by law the said Sheriff or Collector could or might have done if the said county had remained undivided; and the said levies, 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 notwithstanding.

IV. And be it further enacted by the authority aforesaid, That the county Treasurer of the said county of Sumner, shall from time to time account for and pay to the public Treasurer of the state for the time being, all public levies by him collected, or wherewith he shall stand chargeable, in the same manner and under the like pains and penalties as other county Treasurers.

V. And be it further enacted by the authority aforesaid, That Daniel Smith, Thomas Mullay and James Winchester, be appointed Commissioners, and they are hereby empowered and required to run the said dividing line between the counties of Davidson and Sumner, agreeable to the directions of this Act; which said line when run by the Commissioners or a majority of them, shall be by them entered on record in the court of each of the said counties of Davidson and Sumner, and shall be deemed and taken to be the dividing line between the said counties of Davidson and Sumner.

VI. And be it further enacted by the authority aforesaid, That David Willson, William Hall, Daniel Smith, Joseph Kerkendall and Edward Douglass, the survivor or survivors of them, be and they are hereby empowered and directed to agree and contract with workmen for erecting and building a court house, prison and stocks for the said county of Sumner, at such place as they or a majority of them, or their survivor or survivors, shall agree upon: And for reimbursing the said Commissioners the money they shall expend in erecting the said buildings, and running the said dividing line between the said counties.

VII. Be it further enacted by the authority aforesaid, That a tax of one shilling on each poll, and a tax of four pence on each hundred acres of land, shall be and is hereby assessed on the taxable property in the said county of Sumner for two years, to commence from the passing of this Act; and that all persons who shall refuse or neglect to pay the said tax at the time limited for the payment of public taxes, shall be liable to the same penalties and distress as for non-payment of public taxes; and Collectors of the said county of Sumner, are hereby required and directed to account for and pay the money by them collected to the Commissioners aforesaid, after deducting two and an half per cent. for the trouble of collecting the same, and in case of failure or neglect in any of the said Collectors, each 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 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 Davidson, shall continue and may be prosecuted to final end and determination, any thing in this act notwithstanding.

IX. And be it further enacted, That the court of the said county of Sumner shall appoint sixteen jurors to attend at every superior court that shall be held for the county of Davidson. And whereas doubts have arisen respecting the rights of Surveyors to the warrants issued or may hereafter issue by virtue of entries made in counties previous to a division of such counties.

X. Be it therefore enacted by the authority aforesaid, That where any entry hath been or may hereafter be made, or any warrants issued in any county previous to the division of the same, the warrants shall be directed to the Surveyor of the county where the entry was made; and he is hereby required to survey the same and make return thereof in the same manner as if no such division had taken place; any law to the contrary notwithstanding.

XI. And be it further enacted by the authority aforesaid, That the inhabitants of the said county of Sumner shall be liable to pay towards the support of the troops to be raised for the defence of the inhabitants of the Cumberland settlement, in the same proportion as though they had remained a part of the county of Davidson; and the Collectors of the specific tax in the said county of Sumner for the support of the said troops, shall have as full and ample powers to collect and distrain for the same as if the said county of Davidson had remained undivided; any law, usage or custom to the contrary notwithstanding.

Read three times and ratified in General Assembly, the sixth day of January, Anno Domini 1787.

JAMES COOR, S. S.
JOHN B. ASHE, S. C.



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