North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Lay Off and Establish a New County by the Name of Alamance.*

Chapter XIV

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Pages 39-40.

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 county shall be, and the same is hereby, laid off and established, out of that portion of the county of Orange lying West of a North and South line, running from the Caswell line, South to Haw River: thence down the meanders of said River to the Chatham line, said North and South line running nine miles west of the of the town of Hillsborough, as heretofore surveyed by Edward Benson; said county to be called Alamance; and it shall be, and is, hereby, invested with all the rights, privileges and immunities of the other counties of this State; provided a majority of the qualified voters for members of the House of Commons, in the county of Orange, shall vote for the division aforesaid, at an election to be held according to the provisions of an Act to be passed supplemental to this Act.

Sec. 2. Be it further enacted, That this Act shall be in force from and after its ratification.

[Ratified 29th day of January, 1849.]

ROBERT B. GILLIAM, S.H.C.
CALVIN GRAVES, S.S.

State of North Carolina
Office of the Secretary of State
April, 1849.
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.
WM. 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 New County by the Name of Alamance.

Chapter XV

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Pages 40-48.

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 Alamance shall be, and is hereby, invested with all the rights, privileges and immunities of the other counties of this State, except as hereinafter provided.

Sec. 2. Be it further enacted, That John Stockard, John Fogleman, Jesse Gant, Peyton P. Moore, Wm. A. Carrigan, John Scott, Absalom Harvey, James A Craig, George Hurdle, are hereby appointed commissioners to select and determine upon a site for a permanent seat of justice in said county, who shall locate the same as near the center of said county as a suitable location can be obtained, taking into consideration both the extent of territory and population; and a majority of said commissioners shall have power and authority to act.

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 Alamance, a tract of land containing not less than twenty-five 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 Graham, 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 in office; and upon the payment of the purchase money, the chairman or his successor 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 within the limits of
Alamance 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 Orange.

Sec. 5. Be it further enacted, That constables now residing within the limits of the county of Alamance, shall continue to hold their offices and perform all duties appertaining thereto, until the expiration of the term of office for
which they have been chosen, 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 Providence
Meeting House, in said county of Alamance, on the 8th Monday after the 4th Monday of March and September of
each and every year, and at the same place from time to time, unless a court house should he built in the mean time as provided for in this Act; at the town and court house on the 8th Monday after the 4th Monday of March and September in each and every year thereafter; which court 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 and the same is hereby established in and for the county of Alamance, to be held by the Justices of said county on the first Monday after the 4th Monday in February, May, August and November, in each and every year; and that the first session of said court shall be held at Providence Meeting House aforesaid on the first Monday after the 4th Monday in May next, and at the same place from time 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, a county attorney, Sheriff, Coroner, Register, Entry taker, Surveyor 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 qualified according to the Acts of the General Assembly in such cases made and provided: Provided, that said court may at its said first session appoint the place of its subsequent sessions, and also of the Superior court, until a court house shall be erected for said county of Alamance.

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

Sec. 9. Be it further enacted, That all suits in law or in equity now pending in the superior courts of Orange, of which the superior courts in this State have jurisdiction, and wherein both plaintiffs and defendants are citizens of Alamance, or wherein the citizens of Alamance are defendants, and the plaintiffs are not citizens of Orange, and all indictments and criminal proceedings against the citizens of Alamance which shall be pending in the superior courts of Orange, and which are cognizable in the superior courts of this State, shall be transferred from the September term of Orange superior court to be held in the year 1849, to the superior court of Alamance County, in the same manner as is now prescribed by law for transferring suits from one county to another.

Sec. 10. Be it further enacted, That within the said September term of Orange superior court, to be held in the year 1849, the superior court of Orange shall have jurisdiction of all criminal offenses cognizable only in the superior courts of this State, which shall be committed in said county of Alamance; and in all such cases it shall be the duty of the justices of the peace of Alamance County, when they give judgments against the defendants in any State warrant for offenses as aforesaid, to bind over the defendants and witnesses and make their returns to the superior court of Orange 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 Alamance County, before the completion of the jail therein, shall be committed to the jail of Orange.

Sec. 12. Be it further enacted, That nothing in this Act contained shall be so construed as to prohibit the sheriff of Orange from collecting such sum or sums of money as are due or may become due, on any judgment where the
execution shall come to his hands before the first term of the court of pleas and quarter sessions for the county of Alamance; nor shall it be construed so as to prohibit him from collecting any executions issuing from the superior
court of Orange, and returnable to the same.

Sec. 13. Be it further enacted, That the sheriff of Orange County shall continue to perform all duties pertaining to his office of sheriff in said county of Alamance, 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 Alamance.

Sec. 14. Be it further enacted, That nothing in this Act is to be construed so as to prevent the sheriff ot Orange from collecting all arrears of taxes in the same manner he could have done previous to the creation of the county of
Alamance: Provided, nevertheless, that the sheriff of Orange shall not collect any tax in the county ot Alamance or of the citizens of said county, imposed by the county court of Orange, and which are to be collected in the year
1849, but that the same be collected by the sheriff of Alamance, upon the tax duplicates of the clerk of the county of Orange, to the use of said county of Alamance, subject to the assessments of tax made by the county court of Alamance.

Sec. 15. Be it further enacted, That the county of Alamance shall continue to be represented in the General Assembly of this State in the name of the county of Orange, 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 Orange County, under the same rules, regulations and restrictions as hitherto; and the court ot pleas and quarter sessions for the county of Orange 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 Alamance in the same manner, and under the same rules and regulations as are now provided for holding elections in this State.

Sec. 16. 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 Orange, and be distributed by them as heretofore, until the next General Assembly.

Sec. 17. Be it further enacted, That all elections in said county of Alamance shall be held in the same manner and under the same rules and regulations as are now provided by law, for holding elctions in other counties of this State.

Sec. 18. Be it further enacted, That the county of Alamance shall compose a part of the Fourth Judicial Circuit, and the judges and solicitor of said circuit shall attend said courts, under the same provisions and liabilities, and regulations, as apply to the other counties of said circuit.

Sec. 19. Be it further enacted, That the Judge who shall ride the Fall circuit, in the year 1849, of the Fourth Judicial
Circuit of this State, shall appoint the clerk and master of the said county of Alamance.

Sec. 20. Be it further enacted, That the county court of Alamance, 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 for said county of Alamance.

Sec. 21. Be it further enacted, That all paupers, now in the poor house of Orange County, as well as all that are out on half pay, that come from said county of Alamance, be returned to the said county of Alamance, on or before the
first day of August, 1850; and that all moneys belonging to the poor fund of Orange County be divided at the time that said paupers are returned among the several paupers thus to be divided between the counties of Orange and Alamance pro rata.

Sec. 22. Be it further enacted, That it shall be the duty of the justices of the said county court of Orange, at the February term thereof, 1849, to order an election to be held throughout the present county or Orange, at the several election precincts heretofore established, on the third Thursday in April next, to take the sense ot the qualified voters of said county of Orange, on the question of "division" or "no division."

Sec. 23. Be it further enacted, That it shall also be the duty of the said county court, at the said February term 1849, to appoint judges and inspectors to hold and superintend said election at the several precincts aforesaid, who, after taking an oath, honestly, fairly, and impartially to discharge their duty, shall hold said election, and report the same to the sheriff of the county of Orange, under the same rules, regulations, liabilities and restrictions as are now required by law in holding eleciions for members of the General Assembly.

Sec. 24. Be it further enacted, That said election shall be held by ballot, those voting for division, putting in a ticket,
on which shall be written "Division," and those voting against the same, a ticket on which shall be written "No division;" and that every free white citizen of said county, qualified to vote for members of the House of Commons in said county, shall be allowed to vote at said election.

Sec. 25. Be it further enacted, That it shall be the duty of the sheriff of the present county of Orange, on the result of said election being returned to him, to proclaim the same on the next day, at the court house door on or before 3 o'clock P.M.; and in case a majority of the qualified voters of said county be found to be in favor of division, it shall be the duty of the said sheriff to certify the same to the Governor of the State; and on its appearing to the Governor from said certificate that there is a majority of the qualified voters in said county of Orange in favor of the division proposed by the Act to which this Act is supplemental, then and in that case the Governor shall make that fact known by proclamation; upon which this Act and the Act passed at this General Assembly, to which this Act is supplemental, shall be operative and take effect; otherwise, both of said Acts shall be null and void.

Sec. 26. Be it further enacted, That the sheriff of Orange County shall be entitled to the same compensation, for making the return of the result of said election to the Governor, that he is now by law allowed for making the return of the election of members of the General Assembly, and shall return the same to the Governor within five days from and after the day of election.

Sec. 27. Be it further enacted, That Edward Benson be appointed on the part of Alamance County, and Freeman Walker be appointed on the part of Orange County, surveyors, to run and mark the dividing line between the counties of Orange and Alamance; and that they enter upon the discharge of this duty immediately upon its being ascertained and proclaimed, by the proclamation of the Governor aforesaid, that a majority of the qualified voters of the present county of Orange are in favor of the division proposed by the Act to which this is supplemental, or as soon thereafter as may be practicable.

Sec. 28. Be it further enacted, That should a majority of the qualified voters of the present county of Orange vote against the division passed by the Act to which this act is supplemental, nothing in this Act contained is intended, or shall be construed as an expression of the opinion of this General Assembly that the present county of Orange ought not hereafter to be divided upon the application of a majority of the qualified voters of the county of Orange, residing west of the proposed dividing line.

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

[Ratified 29th day of January, 1849.]

ROBERT B. GILLIAM, S.H.C.
CALVIN GRAVES, S.S.

State of North Carolina
Office of the Secretary of State
April, 1849.
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.
WM. HILL, Secretary of State.



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