North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing Cumberland County Into Two Distinct Counties.

Laws of North Carolina Passed in 1784, Chapter LXXVI

The State Records of North Carolina Volume XXIV - Pages 644-645.

I. Whereas the county of Cumberland is so extensive that it is extremely inconvenient for the inhabitants to attend courts and public meetings,

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 fourth day of July next, the county of Cumberland shall be divided into two distinct counties, by a line beginning at Cole's Bridge on Drowning Creek, thence a direct line to the corner of Wake and Johnston counties in Cumberland line, and all that part of Cumberland lying to the north-west of the new line, shall be a separate and distinct county by the name of Moore County.

III. And be it further Enacted by the authority aforesaid, That the lower part of Cumberland county laying south east of said line, shall be a separate and distinct county, and known by the name of Fayette County.

IV. And be it also Enacted by the authority aforesaid, That nothing herein contained shall be construed to deter the sheriff and collectors of taxes, or other officers, or any of them in the said county of Cumberland as it stood undivided from levying any executions, or making distress for any taxes, fees, or other duties, that may be due from the inhabitants thereof, on or before the fourth day of July next, 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 the courts for the county of Fayette be held at the place where the courts of Cumberland county are at present established, on the fourth Mondays in January, April, July, and October in every year: And that the courts for the county of Moore hereafter shall be held at such place, within the said county, as the commissioners herein after-named shall appoint, on the fourth Mondays in February, May, August, and November in every year; and that all causes, pleas, writs, actions, suits, plaints, process, precepts, recognizances, and other matters and things in the said court of Cumberland depending, from and immediately after the first day of August next, shall stand adjourned and continued from the present court house of the said county to such place as the said commissioners, or a majority of them, shall direct and appoint as aforesaid; and all appearances and returns which shall be to be made on the days appointed by law for holding the said court of Cumberland, shall hereafter be made to the first court that shall be held for that county wherein the cause of action arose, and all suitors and witnesses bound to appear thereat, in the same manner as if the said court had not been removed from the present court house; any law, usage, or custom to the contrary notwithstanding.

VI. And be it further Enacted by the authority aforesaid, That Thomas Matthews, John Robertson, Willis Dikerson, Philip Alston, and John Jackson, or the majority of them, shall be, and are hereby appointed commissioners, and impowered and directed to agree with workmen for erecting and building a court house, prison, and stocks, for the use of said county of Moore, and for purchasing materials for that purpose; and for enabling the said commissioners to defray the expence of said buildings, a tax of one shilling on every hundred pounds of taxable property within the said county of Moore, as the same is established by this Act; and an equal sum on every unmarried man not possessed of the value of one hundred pounds shall be levied and collected, in the same mannr as public taxes are or shall be levied and collected; and all persons who shall refuse or neglect to pay the taxes by this Act imposed upon them, at the time and in the manner which is or shall be appointed by law for the payment of public taxes, shall be liable to distress and sale of their property, in the same manner as for non-payment of public taxes: And it is further declared, That the said tax shall be collected by the officer or officers who is or may be appointed to collect the public tax; and such officer or officers shall give security to the said commissioners for the faithful discharge of his or their duty; and shall be intitled to the same commissions, and liable to the same penalties, restrictions, process and remedy for enforcing the payment thereof, as by law may be had against collectors or receivers of public monies.

VII. And be it further Enacted by the authority aforesaid, That the county courts of Moore and Fayette shall nominate the following number of freeholders to serve as jurors in the superior court for the district of Wilmington, of which district the said counties are hereby declared to be part, that is to say: For the county of Moore four, and for the county of Fayette tour; any law or statute to the contrary notwithstanding.

VIII. And be it further Enacted by the authority aforesaid, That for running the dividing line, Thomas Matthews and Ica Adkins, be, and they are hereby appointed commissioners, and impowered to lay off, run and make the said dividing line, agreeable to the directions of this Act; which said line when run by the commissioners herein named, shall be by them entered of record in the courts of the counties of which the said line is to be boundary; and shall hereafter be deemed the dividing line between the said counties.

Read three times, and ratified in General Assembly, the Second Day of June, Anno Domini, one thousand seven hundred and eighty-four.

RICHARD CASWELL, S. S.
THOMAS BENBURY, S. C.

Note: In the October Session, the General Assembly passed an Act, entitled "An Act to Amend an Act, Intituled, 'An Act for Dividing the County of Cumberland,' Passed at Hillsborough Last General Assembly, and to Confirm the Proceedings of the Justices of Moore County, and to Alter the Time of Holding the Courts of Said County." This Act (Chapter XLIV) repealed the naming of Fayette County and returned to the name Cumberland County, and clarified the boundary between Cumberland County and Moore County.


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