North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter 8

Public Laws of the State of North Carolina Passed by the General Assembly 1860-1861 - Page 14.

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 Mitchell shall be and the same is hereby laid off and established
out of portions of Yancey, Watauga, Caldwell, Burke and McDowell counties with the following boundaries: beginning at the top of Grandfather Mountain, thence with the top of the Blue Kidge to the Bear Wallow Gap, thence to the Three Knobs, thence to Big Crabtree Creek, thence down said creek to Toe River, thence down said river to the Tennessee line, thence with the Tennessee line to Elk River, thence to place of beginning; and the said county of Mitchell, when it is 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 16th day of February , 1861.]

NATHAN N. FLEMING, S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1861.
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 Passed at the Present Session of the General Assembly, Entitled "An Act to Lay off and Establish a New County by the Name of Mitchell."

Chapter 9

Public Laws of the State of North Carolina Passed by the General Assembly 1860-1861 - Pages 15-18.

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 Mitchell shall be and is hereby invested with all the rights of the other counties of this State, except as is hereafter provided.

Sec. 2. Be it further enacted, That all the justices of the peace and officers or the militia, and constables who reside
within the limits of the county ot Mitchell shall continue to hold and exercise all the official powers and authorities in and for said county that they have heretofore held and exercised in and for the counties of Yancey, McDowell,
Caldwell, Burke and Watauga, respectively; Provided, That the authority given by this Act to constables shall cease and determine at the first county court to be held for said county of Mitchell, under the same penalties and liabilities as they are now subjected to by law in other counties in this State.

Sec. 3. Be it further enacted, That the counties of Yancey, Watauga, McDowell, Burke and Caldwell shall continue
to be represented in the General Assembly as they have heretofore been, and that all qualified voters taken from said counties, shall continue to vote with the counties to which they have heretofore been attached, until it shall be otherwise provided by law, and elections shall be held until the first session of the General Assembly which shall be had hereafter for members of both houses of the General Assembly and for Congress, by the sheriff or other returning officers of Yancey, Watauga, Caldwell Burke and McDowell counties, in all the territory heretofore
comprised in said counties, at the times and places, and under the same rules, regulations and restrictions as have been made or may hereafter be made by law, and the certificates of said sheriff or other returning officer to the result of said elections, shall be as valid to all purposes as if the county of Mitchell had never been established.

Sec. 4. Be it further enacted, That a court of pleas and quarter sessions shall be held, and the same is hereby established in and for the county of Mitchell, to be held by the justices for said county on the tenth Monday after the
fourth Monday in March, June, September and December; the first session of which shall be held at the house of Eben Childs, on the tenth Monday after the fourth Monday in March, when the court aforesaid, a majority of the justices being present, shall elect a clerk, a sheriff, a coroner, a register and entry taker, a surveyor or surveyors,
county solicitor, constables and all other officers for said county, who shall enter into bonds, as required by law, and shall hold and continue in said offices until successors to them are duly chosen and qualified according to the Acts of the General Assembly in such cases made and provided; and the said court at the first session may appoint the place of its future sessions until a court house shall be erected for said county.

Sec. 5. Be it further enacted, That the court of pleas and quarter sessions established by this Act, shall possess 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 in the county of Mitchell, of which other county courts in the State have jurisdiction, until a superior court of law is established for said county; and all suits of law now pending in the county courts of said counties against the citizens of Mitchell County shall be transferred to the county court of Mitchell County, in the manner that suits are now transferred from one county to another, and all appeals from the county courts of Mitchell shall be sent to the superior courts of Yancey or Watauga, at the discretion of the courts of pleas and quarter sessions for said county of Mitchell.

Sec. 6. Be it further enacted, That all criminal offenses which may be committed in the county of Mitchell, which are cognizable in the superior courts of law only, shall be and continue under the jurisdiction of Yancey, McDowell,
Watauga, Burke and Caldwell, as if the Act erecting the county of Mitchell had never been passed, until a superior
court shall be established for the county of Mitchell.

Sec. 7. Be it further enacted, That all persons who may be liable to imprisonment under any process, civil or criminal, in Mitchell County, before the completion of the jail therein, may be committed to the jails of Caldwell,
Burke, Yancey, McDowell or Watauga counties.

Sec. 8. Be it further enacted, That all process issued from the superior courts of Yancey, McDowell, Burke, Caldwell or Watauga counties, against any of the citizens of Mitchell, shall be valid without the seal of office aforesaid until a superior court is erected for Mitchell County, and all process so issued after the tenth Monday after the fourth Monday in March next, shall be directed to and executed by the sheriff of Mitchell County.

Sec. 9. Be it further enacted, That Thomas Farthing, of the county of Watauga, John W. McElroy, of Yancey,
Joseph Conley, of the county of McDowell, and Alonzo C. Avery, of the county of Burke, and David Proffitt, of the county of Yancey, John Harden, of Watauga, and James Bailey, Sen., of Yancey County, be and they are hereby appointed commissioners to select and determine upon a permanent seat of justice in said county, who shall locate the same at such place as they may think best and most convenient to a majority of the citizens of said county, taking into consideration also the extent of territory; and said commissioners are authorized to purchase or otherwise procure a tract of land not less than fifty acres, whereon which said site shall be located, the title of which shall be made to the chairman of the county court of Mitchell County and his successors in ofiice, to the use of said county.

Sec. 10. Be it further enacted, That said commissioners, at some day between the first of May and the first of June next, [be required] to meet together and select a site for said town, and a majority of said commissioners shall have power to select said site, for which they shall be compensated by the county court of Mitchell by the payment of not less than one dollar and fifty cents per day; Provided, They shall not be engaged therein more than four days; and if more than that time is consumed they shall be paid at the discretion of the court, a majority of the justices being present.

Sec. 11. Be it further enacted, That Tilmon Blalock, J. A. Person and Ebben Childes, and Jordan Harden be and they are hereby appointed commissioners to lay off the lots of said town, and said town shall be called and known by the name of Calhoun.

Sec. 12. Be it further enacted, That said commissioners, after designating such as shall be retained for public uses,
after advertising thirty days in such manner and at such places as said commissioners shall think proper, shall expose to public sale, to the highest bidder, said lots, upon a credit of one and two years, and shall take bonds and
approved security for the purchase money, payable to the chairman of the county court and his successors in office;
and when said money shall be paid, the chairman or successor aforesaid shall make title to the lots aforesaid to the purchaser, his heirs or assigns, which money, or so much thereof as may be necessary, shall be appropriated to the construction of the public buildings.

Sec. 13. Be it further enacted, That nothing herein contained shall prevent the sheriff of the different counties from which the county of Mitchell is taken, from the collecting of all such taxes as have been heretofore laid by the county courts of said counties before the first day of January, 1861; and the county court of said Mitchell County shall, at its first session, a majority of the justices of said county being present, have full power to lay taxes for all purposes necessary to carry this Act into full operation, and to give to the county of Mitchell all rights, privileges, powers and immunities which other counties in this State may have.

[Ratified the 20th day of February, 1861.]

NATHAN N. FLEMING, S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1861.
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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