North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Erecting Part of the County of Surry, and Part of the District of Washington, into a Separate and Distinct County, by the Name of Wilkes.

Laws of North Carolina Passed in 1777, Chapter XXXII

The State Records of North Carolina Volume XXIV - Pages 142-144.

I. Whereas the large extent of the County of Surry, and the District of Washington, renders it grievous and burthensome to many of the Inhabitants thereof to attend the Courts, General Musters, and other Public Meetings therein;

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That from and after the Fifteenth Day of February next after the Passing of this Act, the said County of Surry and District of Washington be divided by the following Lines: Beginning at a Point Twenty Six Miles due West of Surry Court House, thence North to the Virginia Line, thence West along the said Line to the Ridge that divides the Waters of Holston and New Rivers, thence along the said Ridge to Burke County Line, thence Eastwardly along the Line that divides the Counties of Surry and Burke to Rowan County Line, thence along Rowan County Line to a Point due South of the Beginning, thence North to the Beginning, be erected into a distinct County, by the Name of Wilkes.

III. And for the due Administration of Justice, Be it Enacted by the Authority aforesaid, That from and after the Fifteenth Day of February next, an Inferior Court of Pleas and Quarter Sessions shall be held for the said County of Wilkes at the House of Mr. John Brown, on the first Mondays in March, June, September, and December, by Commission to the Justices, in the same Maner as other Inferior Courts of Pleas and Quarter Sessions are held within this State; and the said Inferior Court shall take Cognizance of all Matters, Suits and Things, and is hereby vested with the same Powers, Jurisdictions and Authorities, as any other Inferior Court shall or can have within this State.

IV. And be it further Enacted, by the Authority aforesaid, That the Justices to be appointed for the County of Wilkes, are hereby directed to meet on the First Monday in March next, at the House of John Brown aforesaid, and take the Oaths appointed for their Qualification; and the Justices of the said County of Wilkes, or any Three of Them, after being so qualified, shall hold an Inferior Court of Pleas and Quarter Sessions at the Times herein before mentioned; and the said Justices of the Peace, and every of them, at all Times during their Continuance in Office, as well within their Inferior Courts of Pleas and Quarter Sessions as without, shall have and exercise the same Powers and Authorities, and be subject to the same Forfeitures and Penalties, as other Justices of the Peace of the several Counties within this State are liable.

V. And be it further Enacted, by the Authority aforesaid, That Charles Gordon, Benjamin Cleveland, Joseph Herndon, and Elisha Isaacs, be, and they are hereby appointed Commissioners for the said County of Wilkes, who are hereby invested with full Power and Authority to contract and agree with Workmen to build a Court House, Prison and Stocks in the said County.

VI. And be it further Enacted, by the Authority aforesaid, That a Tax not exceeding One Shilling shall be levied on each Hundred Pounds Value of all the assessable Property of the said County of Wilkes, for the Term of Two Years, for the Purpose of Public Buildings, as in this Act before directed; which said Tax shall be collected at such Times, and accounted for in the same Manner, and under the same Regulations as other County Taxes are or shall be collected and accounted for in this State.

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

VIII. And be it further Enacted, by the Authority aforesaid, That after the said Fifteenth Day of February, the said County of Wilkes shall be, continue, and remain Part of the District of the Superior Court of Justice usually held for the District of Salisbury; and the Treasurer of the said County of Wilkes shall, from Time to Time, account for and pay to the Public Treasurer of this State for the Time being, all such Public Taxes by him collected, or wherewith he shall stand chargeable, in the same Manner, and under the like Pains and Penalties as other County Treasurers.

IX. And be it further Enacted, by the Authority aforesaid, That Henry Speer, Joseph Herndon, and Robert Lanier, be appointed Commissioners, and they, or a Majority of them, are hereby impowered and required to run the dividing Line between the Counties of Surry and Wilkes, agreeable to the Directions of this Act; which said Lines when run by the Commissioners aforesaid, shall be by them entered on Record in the Court of each of the said Counties of Surry and Wilkes.

Read Three Times and ratified in General Assembly the Twenty-fourth Day of December, 1777.

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



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