North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter CXXXII

Public Laws of the State of North Carolina Passed by the General Assembly 1871-1872 - Pages 180-181.

SECTION 1. The General Assembly of North Carolina do enact, That a county by the name of Pamlico shall be and the same is hereby laid off and established out of portions of Craven and Beaufort counties, within the following bounds, to wit: Beginning at the mouth of South Creek, in the county of Beaufort, at Hickory Point, running thence up South Creek to the mouth of Bailey Creek, and up Bailey Creek to the head thereof, thence a west course to Durham's Creek and up Durham's Creek to the head thereof, thence a direct line to the head waters of Deep Run and with Deep Run to Upper Broad Creek, in Craven County, and with Broad Creek to Neuse River, thence with Neuse River and Pamlico Sound to the mouth of Pamlico River, and thence up Pamlico River, so as to include Indian Island, to Hickory Point, at the mouth of South Creek, the beginning.

SEC. 2. That the county of Pamlico shall be and is hereby invested with all the rights, privileges and immunities of
other counties in the state: Provided, That this bill for the formation of said county, together with the obligation to pay its proportionate share of the debt of Craven and Beaufort counties, shall be submitted to the qualified voters of the territory to be formed into a new county for adoption or rejection: Provided further, That if a majority of the votes cast in that portion of Beaufort County proposed to be cut off shall be against the new county, it shall not form a part ot the same: Provided further, That until another apportionment, the county hereby created shall in all elections for state senators cast its vote with the senatorial district of which Beaufort County shall form a part, and in all elections for representatives it shall cast its vote with the county of Beaufort.

SEC. 3. This Act shall be in force from and after its ratification.

Ratified the 8th day of February , A.D. 1872.

THOMAS J. JARVIS, S.H.R.
EDWARD J. WARREN, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, Feb. 29th, 1872.
I, Henry J. Menninger, Secretary of State, hereby certify that the foregoing are true copies of the original public acts and resolutions on file in this Department.
HENRY J. MENNINGER,
Secretary of State. 

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

An Act Supplemental to an Act to Lay Off and Establish the New County of Pamlico.

Chapter CLXXXII

Public Laws of the State of North Carolina Passed by the General Assembly 1871-1872 - Pages 285-289.

SECTION 1. The General Assembly of North Carolina do enact, That the county of Pamilico shall be and is hereby invested with all the rights, privileges and immunities of other counties of the state except as hereinafter provided.

SEC. 2. Be it further enacted, That James S. Lane, William H. Tripp and Samuel Latham are hereby appointed a
board of commissioners to run and mark the line between the county of Pamlico and Craven County, and also between the county of Pamlico and Beaufort County, beginning at the headwaters of Deep Run, in Craven County, and running a direct line to the headwaters of Durham's Creek, in Beaufort County, and thence the courses described in the original Act, to the head of, Bailey's Creek, in Beaufort County; and shall make a report thereof under their hands and seals to the commissioners of Craven, Beaufort and Pamilico counties, which report shall form a record of the courts of said counties. Said commissioners shall also furnish the county commissioners of Pamlico County with a map of said county of Pamlico.

SEC. 3. Be it further enacted, That the commissioners for laying off and establishing the line between Pamlico,
Craven and Beaufort counties shall have power to employ a surveyor and such other help as may be necessary for the accomplishment of said work, and they shall be allowed a reasonable compensation tor their services to be paid by their respective counties, the surveyor and chopper to be paid by Pamlico County.

SEC. 4. Be it further enacted, That when the boundary line of the said Pamlico County shall divide any township of
Beaufort or Craven counties heretofore established, any officer of said township who shall reside in said Pamlico county shall continue to hold his office and exercise the powers thereof in the county of Pamlico until his successor is elected and qualified as hereinafter provided.

SEC. 5. Be it further enacted, That the sheriffs and other county officers of Craven and Beaufort counties shall continue to exercise all the functions of their respective offices in those detached portions of said counties until the county officers of Pamlico County shall be elected and qualified.

SEC. 6. Be it further enacted, That the governor shall order an election to be held in Pamlico County on the first
Thursday in May, one thousand eight hundred and seventy-two, submitting to the qualified voters within the limits of
Pamlico County the adoption or rejection of the county of Pamlico, and the returns of said election shall be made to
the sheriff of Craven County who shall (on the first Monday after said election, in the presence of three freeholders summoned for that purpose, two of which shall be from the county of Pamlico), proceed to compare the polls of said election, and if after due examination it shall be found that a majority of votes have been given in favor of establishing the county of Pamlico, then it shall be the duty of said sheriff to forward to the governor of the state a certificate of the same, within ten days after said election, and then the governor shall make known the fact by proclamation, upon which this Act and the Act to which this is supplemental shall take effect, otherwise both Acts shall be null and void.

SEC. 7. Be it further enacted, That if the county of Pamlico be ratified by the voters thereof, an election shall be held in said county on the first Thursday in August, one thousand eight hundred and seventy-two, for the following
county officers, viz: five county commissioners, one sheriff, one clerk of superior court, one register of deeds, one
treasurer, one coroner and one county surveyor, said officers to be qualified at the first meeting of county commissioners, who may be qualified by any acting justice of the peace in said Co.

SEC. 8. Be it further enacted, That at the same time and places as the election for county officers in Pamlico County, the question of locating the county site or said county may be voted upon, and the locality receiving the
greatest number of votes shall be selected by the county commissioners as the county site; and it shall the the duty of said commissioners to purchase or receive by donation a tract of land, not less than twenty acres, to be conveyed to the county commissioners and their successors in office in fee simple for the said county of Pamlico, upon which tract of land the court house and jail shall be erected, allotting one acre for the same, the remainder of said tract of land shall be laid off in lots of half acre each, and it shall be the duty of the county commissioners to expose said lots to public sale, and the proceeds of such sales be appropriated to the building of said court house and jail, and if such proceeds are not sufficient for said purpose, then the commissioners may levy a tax to supply the deficiency: Provided, Said tax shall be levied on the taxable property and polls of said county, and shall be collected in the same manner as other taxes are collected.

SEC. 9. Be it further enacted, That the county commissioners shall have power to contract for the building of a court house and jail within three years from the passage of this Act, unless a majority of the commissioners should otherwise order; said commissioners shall also have power to select a temporary place for holding the courts of said Pamlico County until a permanent court house can he built as heretofore provided: Provided, That such commissioners in locating said temporary court house shall take into consideration the convenience and interest of the people of the county.

SEC. 10. Be it further enacted, That the county commissioners of Craven and Beaufort counties levy such taxes
within the limits of Pamlico County as they levy in other portions of said counties, according to taxable property and
polls: Provided, It shall be the duty of the sheriff, county commissioners and treasurers of Beaufort and Craven
counties to turn over to the officers of Pamlico County in their respective capacities all such taxes due for state and
county purposes, or all moneys collected for taxes due for state and county purposes for the year one thousand eight hundred and seventy-two, so soon as the county officers of Pamlico County shall be qualified.

SEC. 11. Be it further enacted, That the county commissioners of Pamlico County shall be and are hereby empowered to appoint three or more commissioners to confer with the commissioners of Craven and Beaufort counties for the purpose of ascertaining the proportionate part of the public debt of Craven and Beaufort counties, to be assumed by Pamlico County and such settlement shall be based upon the amount of taxable property and polls according to the valuation of property in the year one thousand eight hundred and sixty, when such debt was contracted: Provided, nevertheless, That (should the commissioners of Craven County or Beaufort County either neglect or refuse to turn over to the commissioners of Pamlico County their part and full portion of railroad stocks in the Atlantic and North Carolina Railroad Company,) for which one hundred and forty-five thousand dollars and (five hundred dollars) of the public debt was created, or any other bonds or stocks held by the county of Craven, within one year after the demand for such settlement has been made by the commissioners of Pamlico County, then the commissioners of said Pamlico County and the citizens thereof shall not be held bound to Craven County for any part of said debt contracted as subscription to the Atlantic and North Carolina Railroad.

SEC. 12. Be it further enacted, That the jurisdiction of the superior court be and the same is hereby extended to and over Pamlico County in the same manner as the said court has in and over the several counties of this state, and
the judge for the Third Judicial District shall hold the superior court for said county of Pamlico on the sixteenth
Monday after the fourth Monday in August and February, and all cases, both civil and criminal, within the bounds of said county of Pamlico, shall be tried in said court: Provided, That actions and suits affecting citizens of Pamlico
County pending in the superior courts of Beaufort or Craven counties, may be continued in those counties at the option of the parties, but when such cases shall be transferred to the superior court of Pamlico County there shall be no prejudice by reason of such transfer, and all persons who may be liable to imprisonment in Pamlico County before the completion of a jail in said county, shall be committed to the jail of Craven or Beaufort counties.

SEC. 13. Be it further enacted, That the officers of Pamlico County who may be elected on the first Thursday in
August, one thousand eight hundred and seventy-two, shall hold for one year only, and another election shall be held in August, one thousand eight hundred and seventy-three, and every two years after.

Ratified the 10th day of February, A.D. 1872.

THOMAS J. JARVIS, S.H.R.
EDWARD J. WARREN, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, Feb. 29th, 1872.
I, Henry J. Menninger, Secretary of State, hereby certify that the foregoing are true copies of the original public acts and resolutions on file in this Department.
HENRY J. MENNINGER,
Secretary of State. 



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