North Carolina - Legislative Acts Creating Precincts / Counties

An Act Forming the Southern Parts of Burke and Rutherford Counties into a Separate and Distinct County.

Chapter LII

Laws of North Carolina 1791 - Pages 25-26.

Whereas, the western part of Burke and Rutherford counties are very inconvenient to the court houses in the said
counties, which renders the attendance of jurors and witnesses very burthensome and expensive, and almost impossible in the winter season; And in order to remedy the same,

I. 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 all that part of the counties of Burke and Rutherford, cirumscribed by the following lines, viz., Beginning on the extreme height of the Apalachian Mountain, where the southern boundary of this state crosses the same, thence along the extreme height of said mountain to where the road from the head of Catawba River to Swannanoe crosses, then along the main ridge dividing the waters of South Toe from those of Swannanoe unto the great Black Mountain, then along said mountain to the north-east end, then along the main ridge between South Toe and Little Crabtree to the mouth of said Crabtree Creek, then down Toe River aforesaid to where the same empties into the Nolichucky River, then down the said river to the extreme height of the Iron Mountain and cession line, then along said cession line to the southern boundary, then along the said boundary to the beginning, is hereby created into a separate and distinct county, by the name of Buncombe;

II. And for the due administration of justice in the said county of Buncombe, Be it further enacted by the authority aforefaid, That the Justices nominated and commissioned in the said county of Buncombe, shall have the same powers and jurisdiction at the Jus tices of the Peace have in any other county in this state.

III. And be it further enacted by the authority aforefaid, That the court for the said county of Buncombe shall be constantly held on the third Mondays of January, April, July and October, and their first court shall be held at the house of William Davidson, Esquire, on Swannanoe; but the Justices of the said court may adjourn to any other place more convenient, until a court house shall be built.

IV. And be it further enacted by the authority aforesaid, That Philip Hoedenpyle, William Britain, William Whitston, James Britain and Lemuel Clayton, are hereby appointed Commissioners, to fix on the most central place in said county, for the purpose of erecting a court house, prison and stocks.

V. And be it further enacted by the authority aforesaid, That Benjamin Hawkins, William Whitston and John Patten, are here by appointed Commissioners, for the purpose of contracting with workmen to erect the necessary public buildings in said county, as soon at the Commissioners shall fix on the center.

VI. And be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to debar the late Sheriffs of Burke and Rutherford, as they stood undivided, to make distress for any levies, fees, or other dues, now actually due or owing from the inhabitants of the said counties ot Burke and Rutherford, as they formerly stood undivided, in the same manner as by law the said Sheriffs and Collectors could or might have done if the said counties 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; anything herein contained to the contrary notwithstanding.

VII. And be it further enacted by the authority aforesaid, That the Sheriffs and other Collectors and holders of public money in the said county of Buncombe, shall from time to time account for and pay into the public treasury of this state, all public money wherewith they shall stand chargeable, in the same manner, and under the same pains and penalties by law, as any other Sheriffs and holders of public money are obliged to account in the state.

VIII. And be it further enacted by the authority aforesaid, That a tax of one shilling on each poll, and a tax of four pence on every hundred acres of land, shall be and is hereby assessed on the taxable property in the said county of Buncombe, for two years, to commence from the passing of this Act; and that all persons who shall neglect or refuse to pay the aforefaid tax at the time limited for the payment of public taxes, shall be liable to the same paints, penalties and distresses as for the non-payment of public taxes; and the Collectors of the said taxes are hereby required and directed to account for and pay the money by them collected to the Commissioners aforefaid, after deducting two and one half per cent, for their trouble of collecting the same; and in case of failure or neglect in any of the said Collectors, each Collector to failing or neglecting, shall be liable to the same. penalties and recoveries, as by law may be had against Collectors of public taxes.

IX. And be it further enacted by the authority aforesaid, That all manner of suits, causes and pleas, whether civil or criminal, now commenced and depending in the said county courts of Burke and Rutherford, shall continue and may be prosecuted to a final end and determination, in the same manner as if this Act had never been made.

X. And be it further enacted by the authority aforesaid, That the court of the said county of Buncombe shall appoint five jurors to attend at every superior court for the district of Morgan.

XI. And whereas the county of Burke appointed sixtecn jurors to attend the superior court, and Rutherford court appoints nine jurors to attend the court; which in justice ought to be altered agreeable to the part taken off each county; Be it therefore enacted by the authority aforefaid, That the court of Burke, from and after the passing ot this Act, shall appoint twelve jurors to attend the superior court, and Rutherford ten jurors to attend the said court; any law to the contrary notwithstanding.

XII. And be it further enacted by the authority aforesaid, That the county court of Burke shall be constantly held on the fourth Mondays of January, April, July and October; and the county court of Wilkes on the Monday following the fourth Monday of January, April, July and October.

XIII. And be it further enacted by the authority aforesaid, That all the Justices appointed either in the counties of Burke or Rutherford, which now reside in the county of Buncombe, shall exercise their offices in the same manner in the county of Buncombe, as they could have exercised them in the counties of Burke and Rutherford as they stood undivided.

Read three times and ratified in General Assembly, the 19th January, Anno Domini, 1792.

Wm LENOIR, S.S.
S. CABARRUS, S.H.C.

(Copy) J. GLASGOW, Secretary.



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