North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing Rowan County, and Other Purposes Therein Mentioned.

Laws of North Carolina Passed in 1777, Chapter XIX

The State Records of North Carolina Volume XXIV - Pages 28-30.

I. Whereas the large extent of the County of Rowan renders it grievous and troublesome to many of the Inhabitants thereof to attend the Courts and general Elections, and other Public Meetings appointed therein;

II. Be it therefore Enacted, by the General Assembly of the State of North Carolina, and by the Authority of the same, That from and after the First Day of June next the said County of Rowan be divided by a Line, beginning at the Catawba River, on the Line between Rowan and Tryon Counties; thence running up the Meanders of said River to the North End of an Island, known by the name of the Three Cornered Island; thence North to the Ridge that divides the Yadkin and Catawba Waters; then Westerly along the Ridge to the Mountain which divides the Eastern and Western Waters, commonly known by the Name of the Blue Mountain. And that all that Part of the late County of Rowan which lies to the East of the said dividing Line, shall continue and remain a distinct County, by the Name of Rowan; and all that other Part of the said County of Rowan which lies West and South of the said dividing Line, shall thenceforth be erected into a new and distinct County, by the Name of Burke.

III. And for the due Administration of Justice, Be it Enacted, by the Authority aforesaid, That a Court for the said County of Rowan shall be constantly held by the Justices thereof at the Court House in Salisbury, on the first Tuesdays in May, August, November, and February, in each Year; and also that a Court for the said County of Burke shall be constantly held by the Justices thereof on the fourth Tuesdays of July, October, January and April, in every Year. And the Justices for the said county of Burke are hereby authorized and impowered to hold the first Court in the same at the House of Edward Smith on the fourth Tuesday of July, and all subsequent Courts for the same County on the Days above appointed for holding Courts therein, at any Place to which the said Justices shall from Court to Court adjourn themselves, until a Court House shall be built for the said County of Burke; and then all Causes, Matters, and Things, depending in said Court, and all Manner of Process returnable to the same, shall be adjourned to such Court House. And all Courts held in and for the said County of Burke, shall be held by Commission to the Justices, in the same Manner, and under the same Rules and Restrictions, and shall have and exercise the same Power and Jurisdiction, as are or shall be prescribed for other Courts held for the several Counties in this State.

IV. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Rowan, as the same stands now undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said County on the First Day of June, in the same Manner as by Law the said Sheriff could or might have done if the said County had remained undivided; and the said Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made, any Thing herein contained to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That after the First Day of June the said County of Burke shall be, continue, and remain, Part of the District of the Superior Court of Justice usually held for the District of Salisbury; and the Sheriff of the said County of Burke shall from Time to Time account for and pay to the Public Treasurer of the Southern District of this State for the Time being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner, and under the like Pains and Penalties, as other Sheriffs.

VI. And be it further Enacted, by the Authority aforesaid, That William Sharp, John Harding, and John Perkins, Esquires, be appointed Commissioners, and they are hereby impowered and required to run the said dividing Lines between the Counties of Rowan and Burke, agreeable to the Directions of this Act; which said Lines when run by the Commissioners, or a Majority of them, shall be by them entered on Record in the Court of each of the said Counties, and shall hereafter be deemed and taken to be the dividing Lines between the said Counties of Rowan and Burke.

VII. And be it further Enacted, by the Authority aforesaid, That Christopher Beekman, Charles McDowell, George Cathey, Hugh Brevard, George Welfong, James Davidson, and John Conelly, the Survivor or Survivors of them, be, and they are hereby impowered and directed to agree and contract with Workmen for erecting and building a Court House, Prison, and Stocks, for the Use of the said County of Burke, at such Place as they, or a Majority of them, or their Survivors, shall agree upon.

VIII. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings, Be it further Enacted, by the Authority aforesaid, That a Poll Tax of Two Shillings, current Money of the State, per Annum, shall be levied on each taxable Person in the said County of Burke, for two Years next after the First Day of June; and that all Persons who shall neglect to pay the said Tax till after the Tenth Day of March in each Year, shall be thereafter liable to the same Distress as for non-Payment of Public Taxes. And the Sheriff of the said County is hereby required and directed, on or before the First Day of July, in the said Years respectively, to account for and pay the Money so by him collected to the Commissioners aforesaid, after deducting Eight per Cent. for his Trouble in collecting the same; and in Case of Failure or Neglect therein by the said Sheriff, he shall be liable to the same Penalties as by Law may be had against Sheriffs who neglect or refuse to account for and pay any Public Taxes.

IX. And for defraying the Charges of running the said Lines between the Counties of Rowan and Burke, Be it Enacted, by the Authority aforesaid, That the Inferior Court of the County of Burke shall lay a sufficient Poll Tax on the Inhabitants of their said County (which shall be levied in the same Manner as other Poll Taxes) to pay and satisfy the said Commissioners for their Charge and Trouble in running the aforesaid Lines.

X. And whereas the Number of Jurors to serve at the Superior Court for the District of Salisbury, for the County of Rowan, was formerly Twelve; Be it Enacted, by the Authority aforesaid, That the Justices of the said County of Rowan shall for the future continue to appoint Six Freeholders to serve as Grand Jurors, and Six Freeholders to serve as Petit Jurors, at the said Superior Court of Salisbury.

XI. And be it further Enacted, by the Authority aforesaid, That the Justices of the Inferior Court of Burke County shall, and they are hereby directed, before every Superior Court held for the District of Salisbury aforesaid, to nominate and appoint Six Freeholders to serve as Grand and Petit Jurors at such Superior Court; a List of which Jurors so nominated shall be delivered by the Clerk of such Court to the Sheriff, who shall, and is hereby required to summon the Persons so nominated to serve as Jurymen at the said Superior Court; which Jurymen so nominated, shall have and receive the same allowance, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen in the respective Counties in this State.

XII. And be it further Enacted, by the Authority aforesaid, That the said County of Burke shall be intitled to send the same Number of Members to represent said County in General Assembly, as other Counties in this State are intitled to.

Read three times and ratified in General Assembly, the Ninth Day of May, 1777.

SAMUEL ASHE, S. S.
ABNER NASH, S. C..



© 2019 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved