North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Erect That Section of Country Commonly Called the Cherokee Purchase Into a Separate County.*

Private Acts, Chapter L

Acts Passed by the General Assembly of North Carolina in 1828-1829 - Page 49.

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 Haywood County bounded as follows, (viz.) beginning on the Tennessee line, on the extreme height of the Great Smoky Mountain; thence along the main summit of a ridge that divides the waters of the Oconaluftee River from those of Deep Creek, to the head waters of Newton's Mill Creek; thence down the said creek to the Tuckaseega [Tuckasegee] River; thence up the main channel of the river to the first main fork above the mouth of the Cany Fork of said river; thence along the ridge dividing the forks of said river to the top of the main Blue Ridge, which divides the eastern from the western waters; thence eastwardly along the various courses of the said Blue Ridge to the South Carolina line; thence with the said line to Ellicott's Rock on the east bank of Chattooga River; thence with the line dividing this State from Georgia to the line of Tennessee; thence along with the Tennessee line to the extreme height of the Great Smoky Mountain, the point of beginning, be, and the same is hereby erected into a separate and distinct county, by the name of Macon, with all the rights, privileges and immunities of the other counties of this State.

II. And be it further enacted, That all lands within the county hereby created, which have been, or may be purchased from the State, but not granted, shall be deemed, liable to taxation in the same manner as lands entered, but not granted, are by the laws of the State

Read three times and ratified in General Assembly, the 10th day of January, 1829.

T. SETTLE, S.H.C.
J. SPEIGHT, S.S.

A true copy. WM. HILL, Secretary.

* During the same General Assembly the Legislature passed the following "supplemental Act" to the above:

An Act Supplemental to the Act Erecting the County of Macon.

Private Acts, Chapter LI

Acts Passed by the General Assembly of North Carolina in 1828-1829 - Page 50.

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 the first County Court of Macon shall be held at some suitable place in the town of Franklin on the Monday before the last Monday in March, June, September and December; and, for the purpose of organizing the first court, it shall be lawful for any justice of the peace of the county of Haywood to administer the oaths prescribed by law to such persons as may be appointed at the present session of the General Assembly justices of the peace for the county of Macon.

II. Be it further enacted, That the County Court of Macon shall have exclusive original jurisdiction of all offenses below the grade of felony which may hereafter be committed in said county.

III. Be it further enacted, That all suits between citizens of Macon in the Courts of Pleas and Quarter Sessions of Haywood County, and all indictments, wherein citizens of Macon are defendants, shall be transmitted by the Clerk of Haywood to the Clerk of Macon, in the same manner as suits are now sent from one county to another.

IV. Be it further enacted, That all causes, civil and criminal, arising in the county of Macon, of which by the laws of this State the Superior Courts have original jurisdiction, and all appeals from the County Court of Macon, may and shall come within the jurisdiction of Haywood Superior Court.

V. Be it further enacted, That the justices of the peace of the county of Macon, at the first court directed to be held under this Act, shall proceed to the appointment of a Clerk, Sheriff and other county officers, with the exception of entry taker, in the same manner and under the same rules as are prescribed by law for other counties in this State.

VI. Be it further enacted, That it shall be the duty of said Court, at its first session, to lay a tax not less than fifty cents on the poll, and twelve and a half cents on the hundred dollars value of lands, for the purpose of providing a fund to build a court house and jail in said county.

VII. And be it further enacted, That until a jail shall be built in said county, all persons subject to imprisonment therein may and shall be committed to the jail of Haywood County, at the expense nevertheless of the county of Macon.

VIII. And be it further enacted, The County Courts of Haywood, at the summer and winter sessions, shall be held on the last Mondays in June and December, and Buncombe County Court at the summer sessions on the first Monday of July, in each and every year.

IX. And be it further enacted, That all the militia officers within the bounds of said county of Macon shall continue to exercise the same authority as they have heretofore done in the county of Haywood, and shall be subject to the same penalties as like officers in other counties.

Read three times and ratified in General Assembly, the 10th day of January, 1829.

T. SETTLE, S.H.C.
J. SPEIGHT, S.S.

A true copy. WM. HILL, Secretary.



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