North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter 3

Public Laws of the State of North Carolina Passed by the General Assembly 1858-1859 - Page 8.

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 by the name of Allegany shall be, and the same is hereby, laid off and established out of a portion of Ashe County, with the following boundaries: Beginning in the Wilkes County line on the top of the Blue Ridge at the Mulberry Gap, running with the public road to Flint Hill; thence a direct line to the top of the Frank's Knob; thence to the south fork of New River, at the mouth of Prather's Creek; thence down the meanders of said river to the junction with the north fork of said river; thence north to the Virginia line; thence east with the Virginia line to Surry County line; thence with the Surry line to the Wilkes County line; thence with the Wilkes line to the beginning. And the said county of Allegany, when it is so laid off and established, shall be and it is hereby invested with all the rights, privileges and immunities with the other counties in this State

[Ratified the ___ day of _______ , 1859.] [date and month blank in original source]

THOMAS SETTLE, JR., S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1859.
I, Rufus H. Page, 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.
RUFUS H. PAGE, Secretary of State.

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

An Act Supplemental to an Act, Entitled "An Act to Lay off and Establish a County by the Name of Alleghany," Passed by the Present Session of the General Assembly.

Chapter 4

Public Laws of the State of North Carolina Passed by the General Assembly 1858-1859 - Pages 8-12.

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 Allegany be, and the same is hereby vested with all the rights, privileges and immunities of other counties of this State, and that all the justices of the peace and officers of the militia, who reside within the limits of the county of Allegany shall continue to hold and exercise all the official powers and authorities in, and for the said county, that they have heretofore held and exercised in and for the county of Ashe.

Sec. 2. Be it further enacted, That the constables now residing in the county of Allegany, shall continue to hold their offices, and perform all the 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 other counties of this State.

Sec. 3. Be it further enacted, That the county of Ashe shall continue to be represented in the General Assembly in the same manner as heretofore, until a future General Assembly shall authorize, provide and direct, and all elections
for members of Congress, and members of both houses of the General Assembly, shall be held by the sheriff or
other returning officer of the county of Ashe in all the territory heretofore comprehended in the limits of said county,
at the times and places, and under the same rules, regulations and restrictions as have been appointed, or may hereafter be appointed by law; and the certificate of said sheriff or other returning officer, as to the result of said election, shall be as valid and effectual to all intents and purposes, as if the Act laying off and establishing the county of Alleghany had never been passed.

Sec. 4. 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 Allegany, to be held by the justices of said county; the first session of said court shall be held on the fourth Monday in April next, and on the fourth Monday in every July, October, January and April thereafter; and at the first session of said court as aforesaid, a majority of the justices of the said county being present, they shall proceed to elect a sheriff, a coroner, register, entry taker, a surveyor, and all other officers for said county, who shall enter into bond as required by law, and shall hold and continue in said offices, until their successors are duly chosen and qualified according to law in such cases made and provided; and the court of pleas and quarter sessions shall be held at Shiloah Church in said county, until the completion of the public buildings at the county seat, unless otherwise directed by a majority of the justices of said county.

Sec. 5. Be it further enacted, That the court of pleas and quarter sessions established by this Act shall possess and exercise the same power, authority and jurisdiction as is possessed and exercised by other county courts in this State, and shall have exclusive jurisdiction of all crimes committed within the limits of said county, of which the county courts have jurisdiction; and all suits at law now pending in the county court of Ashe, wherein ihe citizens of Allegany County, are both plaintiff and defendant, or wherein the citizens of Allegany are defendants, and all indictments in the county court of Ashe against citizens of Allegany County, shall be transferred to the county courts of Allegany, in the manner now provided for transferring suits from one county to another.

Sec. 6. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or
criminal, in Allegany County before the completion of the jail therein, may be committed to the jail of Ashe County.

Sec. 7. Be it further enacted, That William Raleigh and Elijah Thompson of Surry, James B. Gordon, of Wilkes,
Stephen Thomas and John F. Green of Ashe, be, and they are hereby appointed commissioners, and they or a majority of them shall have full power to lay off and locate the county seat of said county at, or as near the geographical center of said county of Allegany, as to them may seem practicable and right, having due regard to population and territory, and that they shall have power to purchase or receive by donation a tract of land, not more than one hundred acres, to be conveyed to the chairman of the county court and his successors in office, for the use of said county, upon which a town shall be laid off to be called Sparta, and upon which the court house and other public buildings shall be erected, and upon completion, the courts of said county shall be held, and the clerks and public officers shall keep their respective offices there; and the commissioners shall be allowed two dollars per day while engaged in the discharge of their duties.

Sec. 8. Be it further enacted, That the county court of Alleghany County shall at its first session, a majority of the
justices being present, appoint five commissioners to lay off the lots of said town, and after designating such as shall be retained for public use, shall expose to sale at public auction the residue of such lots, at such time and manner as
the court may designate, taking bond and security from the purchaser, making the bonds payable to the chairman of
the county court and his successors, and upon the payment to the chairman or his successors in office, shall execute title thereto. The proceeds of the sales of which, shall be appropriated to the erection of the public buildings of said
county.

Sec. 9. Be it further enacted, That nothing in this Act shall be so construed as to prevent the sheriff of Ashe from
collecting all arrears of taxes in the same manner, as he could have done previous to the establishment of Allegany
County; Provided nevertheless, That the sheriff of said county shall not collect any taxes in the county of Allegany,
or from the citizens thereof imposed by the county court of Ashe, and which are to be collected in the year one thousand eight hundred and fifty-nine, but that the same may be collected by the sheriff of Allegany, upon the tax duplicates of the clerk of Ashe County.

Sec. 10. Be it further enacted, That at the first session of the court of pleas and quarter sessions for the county of
Allegany, the justices of the peace for said county shall proceed to appoint a board of superintendents of common
schools for the county of Allegany; and it shall be the duty of the literary board to pay over to the chairman of the
board of superintendents for the county of Allegany their distributive share of the net annual income of the Literary
Fund.

Sec. 11. Be it further enacted, That until a superior court shall be established for the county of Allegany, the county court of Allegany County shall have exclusive jurisdiction of all pleas of the State arising in said county which are cognizable in a county court, subject to an appeal to the superior court of Ashe County, in all cases in which appeals are allowed by law; and the county court of Allegany County, shall have exclusive jurisdiction over all actions of debt or assumpsit brought for the recovery of a debt due by contract, where no other court has jurisdiction, subject to the like appeal to the superior court of Ashe County; and the county court of Allegany County shall have concurrent jurisdiction with the superior court of Ashe County of all other civil suits which are cognizable in a county court, where the defendant, or one of them resides in the county of Allegany, subject to the like appeal to the superior court of Ashe County; and the superior court of Ashe County shall have exclusive jurisdiction of all the suits not cognizable in a county court in which all the parties reside in the counties of Ashe and Allegany, and concurrent jurisdiction with such other courts as have cognizance of the suits, when some of the parties live in Allegany County and others reside out of said county of Allegany; and the superior court of Ashe County shall have exclusive jurisdiction of all pleas of the State not cognizable in a county court arising in the county of Allegany, and an appeal shall be from the county court of Allegany County to the superior court of Ashe County, in all cases in which appeals are allowed by law; and the court of equity of Ashe County shall have jurisdiction of all cases in equity, of which the court of equity of Allegany would have jurisdiction, in case such court were established for Allegany County.

[Ratified the ___ day of February, 1859.] [date blank in original source]

THOMAS SETTLE, JR., S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1859.
I, Rufus H. Page, 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.
RUFUS H. PAGE, Secretary of State.



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