North Carolina - Legislative Acts Creating Precincts / Counties

An Act Erecting the West Part of Buncombe Into a Separate and Distinct County, and Also Part of Brunswick and a Part of Bladen Counties Into a Separate and Distinct County.

Chapter I

Laws of North Carolina 1808 - Pages 1-4.

WHEREAS, the inhabitants in the west part of Buncombe County are very inconvenient to the Court House in said county, which renders the attendance of Jurors and Witnesses very burthensome and expensive, and almost impossible in the winter season: for remedy whereof',

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 all that part of the county of Buncombe, (to wit) beginning where the southern boundary line of this State crosses the highest part of the ridge dividing the waters of the French Broad from those of the Tucky Siegy [Tuckasegee] River, then along the said ridge to the ridge dividing the waters of Pigeon and the French Broad River, then with said ridge to the top of Mount Pisgah, thence a direct line to the mouth of the first branch emptying into Hominy Creek on the north side above Jesse Belieu's, thence with said branch to the source, and thence along the top or the ridge, dividing the waters of French Broad and those of Pigeon River, to the northern boundary of this State, and with the State line to the line which shall divide this State from the State of Georgia, and with that line to the beginning, shall be, and is hereby erected into a separate and distinct County, by the name of Haywood, in honor of the present Treasurer of this State.

II. And be it further enacted, That all Justices of the Peace being within the bounds of the said county of Haywood, shall exercise the same authority as they have heretofore done in the county of Buncombe; and the Justices hereafter to be appoimed in, the usual manner, and when qualified agreeable to law, shall hold and exercise all the power and authority, and be subject to the same penalties that Justices of the Peace of the several counties in this State are subiect to, or have a right to enjoy.

III. And be it further enacted, That the said county of Haywood shall be part of the district in which Buncombe County is included for electing Representatives to the Congress of the United States, and for Elector to vote for a President and Vice President of the United States: and elections hereafter to be held in the said county of Havwood shall be conducted in the same mannner, under the same rules, regulations and restrictions, as elections for the like purpose are conducted in the several counties in this State.

IV. And be it further enacted, That John Stephenson, John Montgomery, William Deever, John Dobson, Hugh Davidson, Hollyman Battle and John Bryson be, and they are hereby appointed Commissioners for fixing on a proper and convenient place at or near the center of said county, whereon to erect the public buildings; the duties of which appointment they, or a majority of them, are requested to execute as soon as possible after the passing of this Act: but until a court house shall be erected, or some convenient place fixed on by the Commissioners aforefaid, the Court of Pleas and Quarter Sessions for the said county of Haywood hall be held at Mount Prospect.

V. And be it further enacted, That the Court of Pleas and Quarter Sessions for the County of Haywood aforesaid, shall be held on the fourth Monday of March, June, September and December in each and every year: Provided, That the first term of said County Court shall be holden on the fourth Monday of March next, to which time respectively all suits, pleas and prosecutions, of what kind or nature soever, shall be returnable or stand adjourned.

VI. And be it further enacted, That Felix Walker, John McFarland and Thomas Lenoir, be, and they are hereby appointed Commissioners for the purpose of erecting the public buildings for the said County of Haywood, at such place as may be fixed on for that purpose; and they, or a majority of them, after giving bond with approved security to the Court of said County for the faithful performance of the duties required of them by this Act, shall have full power and authority to sue for and recover all monies that may or ought to be collected for the purpose of defraying the expenses of the public buildings aforesaid, and to compel the performance of any contract that may be entered into respecting the same, and in order to defray the expenses of the public buildings intended to be made by virtue of this Act.

VII. Be it enacted, That a tax of three shillings on every poll, and a tax of one shilling on every hundred acres of land in the said county of Haywood, shall be levied and collected for the year one thousand eight hundred and nine, by the Sheriff or collector of public taxes; and the same shall be accounted for to the said Commssioners herein last mentioned, or a majority of them, under the same restrictions and regulations as Sheriffs are subject to in collecting public taxes: Provided, That nothing herein contained shall be construed to prevent the Sheriff of the county of Buncombe from collecting all arrears of taxes or other monies which he ought to collect, in the same manner as if this Act had never been passed.

VIII. And be it further enacted, That the Justices of the said County of Haywood shall hold the court of Pleas and Quarter Sessions for said County at the place aforesaid, and therein shail exercise all the powers and authorities that are usual and customary, and shall appoint all their necessary officers for the same as required by law, in the same manner as is exercised by the Justices of the several Counties within this State, any law to the contrary notwithstanding.

IX. And be it further enacted, That the Superior Court of Law and Court of Equity of Buncombe County, shall have jurisdiction and cognizance in and over the said County of Haywood, in as full and ample a manner as the said Courts have in and over the said County of Buncombe; and all causes, both civil and criminal, in the said county of Haywood, may be tried in the said Courts in the same manner as if the same causes had arisen in the County of Buncombe; and offenders may be recognized or committed to the jail of Buncombe County, in the same manner as if the offenses had been committed in the County of Buncombe; and all the appeals from the County Court of Haywood, shall be taken to the Superior Court of Buncombe, under the same rules which govern appeals in other Counties; and the said County of Haywood shall send twelve Jurors to the Superior Court of Buncombe, to be chosen in the same manner and under the same rules as Jurors are chosen in the several Counties in this State to
attend the Superior Courts, and the County of Buncombe shall choose eighteen Jurors instead of thirty as heretofore.

And whereas the river Waccamaw renders it frequently impossible to pass to the Court House of Brunswick County without imminent danger,

X. And be it further enacted, That all that part of Bladen County and Brunswick, beginning in the Waccamaw River, where the dividing line between North and South Carolina crosses the same, then up said river ro the White Marsh Branch, then up the same to the Western Prong and to the head of it, then a direct line to the Rough Horn Branch or Swamp; then down Rough Horn to Drowning Creek, thence down the same to the State line, thence with the same to the beginning—shall be and is hereby established into a separate and distinct County, by the name
of Columbus.

XI. And be it further enacted, That all the Justices of the Peace being within the bounds of the said County of Columbus, shall exercise the same authorities as they have heretofore done in the Counties of Bladen.and Brunswick; and the Justices hereafter to be appointed in the usual manner, and when qualified agreeable to law, shall hold and exercise all the power and authority, and be subject to the same penalty that Justices of the Peace in the several Counties in this State are subject to, or have a right to enjoy.

XII. And be it further enacted, That the said County of Columbus shall be part of the district in which Bladen and Brunswick Counties are included, for electing Representatives in the Congress of the United States, and for electing Electors to vote for a President and Vice President of the United States: and elections hereafter to be held in the County of Columbus shall be conducted in the same manner, under the same rules, regulations and restrictions as elections for the like purpose are conducted in the several Counties in this State.

XIII. And be it further enacted, That John Wingatc, Shadrach Wooten, James B. White, Thomas Frink, Solomon Reaves, Absalom Powell and James Shipman be, and they are hereby appointed Commissioners for fixing on a proper and convenient place whereon to erect the public buildings; the duties of which appointment they, or a majority of them, are requested to execute as soon as possible after the passing of this Act: but until a Court House shall be erected, or some convenient place fixed on by the Commissioners aforesaid, the Court of Pleas and Quarter Sessions for the said County of Columbus shall be held at the house of Stephen Barfield.

XIV. And be it further enacted, That the Superior Court of Law and Court of Equity of Bladen County shall have jurisdiction and cognizance in and over the said County of Columbus, in as full and ample a manner as the said Courts have in and over the County of Bladen; and all causes both civil and criminal in the said County of Columbus may be tried in the said Courts, in the same manner as if the said causes had arisen in the County of Bladen, and offenders may be recognized or committed to the jail of Bladen County, in the same manner as if the offenses had been committed in the County of Bladen; and all appeals from the County Court of Columbus shall be taken to the Superior Court of Bladen, under the same rules which govern appeals in other Counties; and the said County of Columbus shall send twelve Jurors to the Superior Court of Bladen, to be chosen in the same manner and under the same rules as Jurors are chosen in the several Counties in this State to attend the Superior Courts; and the County of Bladen shall choose eighteen Jurors instead of thirty as heretofore; and the County Courts of Columbus shall be held on the first Monday in March, June, September and December, in each and every year hereafter: Provided, That the first term of said County Court shall be holden on the first Monday of March next, to
which time all suits, pleas and prosecutions of what kind or nature soever shall be returnable and stand adjourned.

XV. And be it further enacted, That John Wingate, Shadrach Wooten, James B. White, Thomas Frink, Solomon Reaves, William Mooney and Absalom Powell be, and they are hereby appointed Commissioners for the purpose of erecting the public buildings for the said County of Columbus, at such place as may be fixed on for that purpose; and they, or a majority of them, after giving bond with approved security to the Court of said County, for the faithful performance of the duty required of them by this Act, shall have full power and authority to sue for and recover all monies that may or ought to be collected for the purpose of defraying the expense of the public buildings aforesaid, and to compel the perforrnance of any contract that may be entered into for the performance aforesaid, and in order to defray the expenses of the public buildings intended to be made by virtue of this Act.

XVI. Be it enacted, That a tax not exceeding three shillings on every poll, and a tax of one shilling on every hundred acres of land in the said County of Columbus, shall be levied and collected, for the year one thousand eight hundred and nine by the Sheriff or Collector of public taxes; and the same shall be accounted for to the said Commissioners herein last mentioned, or a majority of them, under the same restrictions and regulations as Sheriffs are subject to in collecting public taxes: Provided, That nothing herein contained shall be construed to prevent the Sheriffs of the Counties of Bladen and Brunswick from collecting all arrearages of taxes or other monies, which they ought to collect, in the same manner as if this Act had never been passed.

XVII. And be it further enacted, That the Justices of the said County of Columbus shall hold the Court of Pleas and Quarter Sessions for said County at the place aforesaid, and therein shall exercise all the powers and authorities that are usual and customary, and shall appoint all their necessary officers for the same as required by law, in the same nanner as exercised by the Justices of the several Counties within this State, any law to the contrary notwithstanding.

Read three times, and ratified in General Assembly, this 15th day of December, 1808.

JOSEPH RIDDICK, Speaker of the Senate.
J.G. WRIGHT, Speaker of the House of Commons.

Copy, WILL. WHITE, Secretary.



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