North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Establish a New County by the Name of Gaston, and to Annex a Part of the County of Catawba to the County of Lincoln.*

Chapter XXIV

Laws of the State of North Carolina Passed by the General Assembly 1846-1847 - Page 73.

Sec. 1. 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 a new and separate county, by the name of Gaston, be, and the same is hereby formed of that part of the county of Lincoln, which lies to the south of the following line, to wit: Beginning at a point on the Cleveland line, six miles due south of the present dividing line of Lincoln and Catawba; thence running parallel with said line to the Catawba River.

Sec. 2. And be it further enacted by the authority aforesaid, That so much of the county of Catawba, as lies south of the following line, to wit: Begining at the Catawba River, and four miles due north of the present dividing line between Lincoln and Catawba counties, and running parallel with said line to the western boundary of said county, be, and the same is hereby annexed and made part of Lincoln County.

Sec. 3. Be it further enacted, That the said county of "Gaston" shall be entitled to all the rights and privileges and immunities of other counties of this State.

Sec. 4. Be it further enacted, That this Act be in force from and after its ratification.

Ratified the 21st day of December, 1846.

ANDREW JOYNER, Speaker Senate.
ROBERT B. GILLIAM, Speaker House of Commons.

North Carolina
Office of Secretary of State
April 1847.
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions contained in this Pamphlet are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State

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

An Act Supplemental to An Act, Passed by the Present General Assembly, Entitled "An Act to Lay Off and Establish a County by the Name of Gaston, and to Annex a Part of Catawba County to the County of Lincoln."

Chapter XXV

Laws of the State of North Carolina Passed by the General Assembly 1846-1847 - Pages 73-80.

Sec. 1. 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 county of Gaston shall be, and is hereby invested wiih all the rights, privileges and immunities of the other counties in this State, except as is hereafter provided.

Sec. 2. Be it further enacted, That Issac Holland, Andrew Love, Christian Akor, Richard Rankin, Ephraim Friday, Wesley Davenport and Robert A. Bently, are hereby appointed commissioners to select and determine upon a site for a permanent seat of justice for said county, who shall locate the same as near the center as a suitable location can be obtained, provided it shall be within two miles of Long Creek Baptist Church Meeting House.

Sec. 3. Be it further enacted, That a majority of said commissioners shall have power to purchase, or receive by donation for the county of Gaston, a tract of land containing of not less than fifty acres, nor more than one hundred, to be conveyed to the chairman of the county court of said county and his successors in office, upon which a town shall be laid off and called Dallas, where the court house and jail shall be erected, and where, after the completion of said court house, the courts of said county shall be held, and the Clerks and Registers shall keep their offices: and the said commissioners shall lay off the lots of said town, and, after designating such as shall be retained for public uses, shall expose, after due notice, the balance, or such portion thereof as may by them be deemed necessary, at public auction, upon a credit of one and two years; and shall take from the purchasers bonds and security for the purchase money, made payable to the chairman of the county court and his successors; and upon the payment of the purchase money, the chairman, or his successors, shall execute title therefor; which money shall be appropriated to the building of a court house and jail.

Sec. 4. Be it further enacted, That the Justices of the Peace and officers of the militia, who reside wiihin the limits of Gaston County, shall continue to hold and exercise all the official powers and authorities in and for said county that they had hitherto held and exercised in the county of Lincoln.

Sec. 5. Be it further enacted, That the constables now residing within the limits of the county of Gaston, shall continue to hold their offices and perform all duties appertaining thereto, until the first county court to be held for said county, under the same rules, regulations and penalties as constables are subject to in this State.

Sec. 6. Be it further enacted, That there shall be a superior court of law and equity opened and held at the house of Jesse Holland, in the said county of Gaston, on the fifth Monday after the fourth Monday of March and September of each and every year, and at the same place from time to time, unless a court house shall be built in the meantime as provided for in this Act, at the town therein to be established; then, at said town and court house on the fifth Monday after the fourth Monday of March and September of each and every year thereafter; which courts shall have the same jurisdiction, that the present superior courts of law and equity in the several counties in this state now
have and exercise.

Sec. 7. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established in and for the county of Gaston, to be held by the Justices of said county, on the third Monday in February and August in each and every year; and that the first session of said court shall be held at the house of Jesse Holland's, on the third Monday of February next, and at the same place from lime to time, until a seat of justice shall be established for said county as is hereby provided; and at the first session of said court, a majority of the Justices of the Peace being present, they shall elect a clerk of the superior court, a clerk of the county court, county attorney, sheriff, coroner, register, entry taker, surveyor, constables and all other officers for said county, who shall enter into the bonds required by law, and shall hold and continue in said office until successors to them are duly chosen and qualilied according to the Acts of the General Assembly in such cases made and provided, And be it further provided, that there shall be two other terms of said court in said county, of which terms there shall be no jury trials; which said terms shall be held by the justices of the peace of said county at the times and places of holding the superior courts of said county.

Sec. 8. Be it further enacted, That the court of pleas and quarter sessions established by this Act shall possess and exercise the same powers, authorities, and jurisdictions as are possessed and exercised by other county courts in this State; and all suits at law of which other county courts of other counties in this State have jurisdiction, now pending in the county court of Lincoln, wherein the citizens of Gaston are both plaintiff and defendant, or where the citizens of Gaston are defendants; and all indictments and criminal proceedings against citizens of Gaston County in the county courts of Lincoln, of which other county courts in this State have jurisdiction, shall be transferred to the county court of Gaston, in the manner now provided for transferring suits from one county to another.

Sec. 9. Be it further enacted, That all suits of Law or in Equity now pending in the superior courts of Lincoln, of which the superior courts in this State have jurisdiction, and wherein both plaintiffs and defendants are citizens of Gaston, or wherein the citizens of Gaston are defendants, and the plaintiffs are not citizens of Lincoln; and all indictments and criminal proceedings against the citizens of Gaston, which shall be pending in the superior courts of Lincoln, and which are cognizable in the superior courts of this State, shall be transferred from the spring term of Lincoln superior court, to be held in the year one thousand eight hundred und forty-seven, to the superior court of Gaston County, in the same manner as is now prescribed by law for transfering such from one county to another: Provided, that nothing in this section contained, shall be so construed as to require the transferring of any suit, indictment or other proceedings before the appointment of the several courts to which they are to be transferred.

Sec. 10. Be it further enacted, That until the respective spring terms of Lincoln superior court, to be held in the year one thousand eight hundred and forty-seven, the superior court of Lincoln shall have jurisdiction of all criminal offenses cognizable only in the superior court of this State, which shall be committed in Gaston County; and in all such cases, it shall be the duty of the Justices of the peace of Gaston County, when they give judgments against the defendant in any State warrant for offense as aforesaid, to bind over the defendant and witnesses, and make their returns to the superior court of Lincoln County, as they were heretofore bound to do.

Sec. 11. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or
criminal, in Gaston County, before the completion of the jail therein, may be commiited to the jail of Lincoln or any other adjoining county.

Sec. 12. Be it further enacted, That nothing in this Act contained shall be so construed as to prohibit the Sheriff of Lincoln from collecting such sum or sums of money, as are due or may become due on any judgments when the executions shall come to his hands before the first court of Pleas and Quarter Sessions for the county of Gaston.

Sec. 13. Be it further enacted, That the Sheriff of Lincoln County shall continue to perform all duties pertaining to his office of Sheriff in Gaston County, under the same liabilities and penalties, and shall receive the same fees, as heretofore provided by law under the appointment of Sheriff of the county of Gaston.

Sec. 14. Be it further enacted, That nothing m this Act, is to be construed as to prevent the Sheriff of Lincoln from collecting all arrears of taxes, in the same manner he could have done previous to the creation of the county of Gaston: Provided nevertheless, that the Sheriff of Lincoln shall not collect any tax in the county of Gaston, or of the citizens of said county, imposed by the county court of Lincoln, and which are to be collected in the year one thousand eight hundred and forty-seven, but that the same be collected by the Sheriff of Gaston, upon the tax
duplicates of the Clerk of the county of Lincoln, to the use of Gaston County, subject to the assessment of tax made by the county court of Gaston.

Sec. 15. Be it further enacted, That the county of Gaston shall continue to be represented in the General Assembly of this State in the name of the county of Lincoln as heretofore; and the elections for members of the General Assembly, members of Congress, Electors of President and Vice President, and Governor, shall be held by the Sheriff of Lincoln County, under the same rules, regulations and restrictions as hitherto; and the court of Pleas and Quarter Sessions for the county of Lincoln is hereby authorized and required to appoint inspectors for holding
elections for members of the General Assembly, members of Congress, President and Vice President of the United States, and Governor, as heretofore: Provided, that all other elections shall be held in the county of Gaston, in the same manner and under the same rules, regulations and restrictions, as are now provided for holding elections in this State.

Sec. 16. Be it further enacted, That the county trustee, or such officer as the county court of Gaston County may appoint, is hereby authorized and empowered to ask, demand and receive from the treasurer of public buildings or such officer of Lincoln County as may have the fund in charge, two thirds of all the monies which have been collected from the citizens resident within the limits of Lincoln County since March, one thousand eight hundred and forty-two, for the purpose of erecting a new court house and jail in Lincoln County; and the said treasurer of public buildings, or such officer of Lincoln County, shall pay over, on demand, to the county trustee, or such officer as the
county court of Gaston may appoint, two thirds of the monies aforeesaid, and on failure of such officer of Lincoln to pay over two thirds of the monies as aforesaid, the said county trustee, or such officer as the county court of Gaston County may appoint, is hereby aulhorized and empowered to sue for and recover the same, in either the superior court of law for Gaston or Lincoln county; and the said monies shall be appropriated to the building of a court house and jail in the county of Gaston.

Sec. 17. Be it further enacted, That in the distribution of the net annual income of the literary fund, the literary board
shall pay over, as heretofore, to the chairman of the board of superintendents of Lincoln and Catawba, and be distributed by them as heretofore, until the next General Assembly.

Sec. 18. Be it further enacted, That all elections in said county of Gaston shall be held in the same manner and under the same rules and regulations, as are now provided by law, for holding elections in other counties of this State, except in such cases as shall be otherwise provided by Acts of the present General Assembly.

Sec. 19. Be it further enacted, That the county of Gaston shall compose a part of the Sixth Judicial District, and the Judges and Solicitors shall attend said courts, under the same provisions and liabilities, and the same pay, as is received for attending the superior courts of other counties in said district.

Sec. 20. Be it further enacted, That the Judge who shall ride the fall circuit, in the year one thousand eight hundred and forty-seven, of the Sixth Judicial District, shall appoint the clerk and master of the county of Gaston.

Sec. 21. Be it further enacted, That the county court of Gaston, at its first session, a majority of the Justices of the Peace being present, shall appoint such number of commissioners as may be deemed necessary to contract for, and superintend the building of a court house and jail tor the county of Gaston.

Sec. 22. Be it further enacted, That Isaac Holland and Andrew Love and Jacob Plonk, be appointed on the part of Gaston County, and John Coulter and Alexander Lowe be appointed on the part of Lincoln County. Surveyors to run and mark the dividing lines between the counties of Lincoln and Gaston, as soon after the close of the present General Assembly, as may be practicable; and that the court of Pleas and Quarter Sessions of each of the counties of Lincoln and Gaston pay their own surveyors.

Sec. 23. Be it further enacted, That John Coulter and Alexander Lowe, or either of them, be appointed on the part of Lincoln, and Joshua Wilson and Eli Shuford and George Wilkey, or either of them, on the part of Catawba County, Surveyors to run and mark the dividing line between the counties of Lincoln and Catawba; and that the court of Pleas and Quarter Session of each of the counties aforesaid pay therir own surveyors; and that the line aforesaid be run and marked as soon after the close of the present General Assembly as may be practicable.

Sec. 24. Be it further enacted, That the Justices of the Peace and offiers of the militia, who reside within that portion
of Catawba County annexed to and made a part of Lincoln County, passed at the present General Assembly, shall continue to hold and exercise all the official powers and authorities in and for the county of Lincoln that they have hitherto held and exercised in the county of Catawba.

Sec. 25. Be it further enacted, That all constables who reside in that part of Catawba County which has been annexed to and made a part of Lincoln County, by an Act passed at the present General Assembly, shall continue to hold their office and perform all the duties appertaining thereto, until the next time for appointing constables in this State, under the same rules, regulations and penalties as constables are subject to in this State.

Sec. 26. Be it further enacted, That nothing in this Act is to be construed as to prevent the Sheriff of Catawba County from collecting all arrears of taxes in the same manner as he could have done previous to the annexation of that part of Catawba County to the county of Lincoln: Provided nevertheless, that the Sheriff of Catawba shall not collect any tax in that part of Catawba County which has been annexed to the county of Lincoln or of the citizens of said portion thus annexed to Lincoln, imposed by the county court of Catawba, and which are to bo collected in the year one thousand eight hundred and forty-seven, but that the same be colllected by the Sheriff of Lincoln County upon the tax duplicates of the clerk of the county court of Catawba, to the use of Lincoln County.

Sec. 27. Be it further enacted, That all the paupers now in the poor house of Catawba County, as well as all that are out on half pay, that come from Catawba County proper, and after the present division line is run, be returned to Catawba, as also all that come from Gaston County, be also returned to said county.

Sec. 28. Be it further enacted, That all monies belonging to the poor fund of Lincoln County, be divided among the several paupers thus to be divided between the counties of Lincoln and Gaston pro rata.

Sec. 29. Be it further enacted, That this Act shall be in force from and after its ratification.

Ratified the 15th day of January, 1847.

ANDREW JOYNER, Speaker Senate.
ROBERT B. GILLIAM, Speaker House of Commons.

North Carolina
Office of Secretary of State
April 1847.
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions contained in this Pamphlet are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State



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