North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Erect a New County by the Name of Yancey.*

Private Acts, Chapter LXXXIII

Acts Passed by the General Assembly of North Carolina in 1833-1834 - Pages 145-146.

Whereas the large extent of country comprehended in the bounds hereafter described in the counties of Burke and Buncombe, renders the attendance of the inhabitants thereof, to do public duties, extremely difficult and expensive: For remedy whereof,

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 Buncombe, included within the following bounds, to wit: beginning on the extreme height of the Black Mountain, running thence along said mountain to Ogle's improvement; thence along the dividing ridge to Daniel Carter's fork field; thence a direct course to the mouth of Big Ivy Creek; thence, with the Warm Spring Road, by Barnard's Station, to the three forks of Laurel; thence a direct line, so as to include James Allen's house to the Tennessee line; thence with the said line to county of Ashe; thence with the line of said county to the Grandmother Mountain; thence a direct course to the extreme height of the Humpbacked Mountain; thence with the Blue Ridge to where it intersects the Black Mountain; thence with the ridge of said mountain, to the beginning, be, and the same is hereby erected into a separate and distinct county, by the name of Yancey, with all the rights, privileges and immunities of the other counties in this State.

Read three times and ratified in General Assembly, the 13th day of January, 1834.

WM. J. ALEXANDER, S.H.C.
W.D. MOSELEY, S.S.

A true copy. WM. HILL, Secretary.

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

An Act Supplemental to An Act Passed at the Present Session of the General Assembly, Entitled "An Act to Erect a New County by the Name of Yancey."

Private Acts, Chapter LXXXIV

Acts Passed by the General Assembly of North Carolina in 1833-1834 - Pages 146-147.

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 the first county court of Yancey shall be held at a suitable place within five miles of the house of James Greenlee on the third Monday in January next; and thereafter on the last Monday in December, on the last Monday of June, and the third Monday of October , in each and every year.

II. Be it further enacted, That Rackly Stanby, Thomas Baker, Joseph Shepherd, John McEhoy and Levi Bailey, be, and they are hereby appointed commissioners to determine upon the site for the seat of justice in said county, who shall have authority to purchase or receive by donation for the use of said county, a tract of land consisting of not less than one hundred acres, upon which a town shall be laid off by said commissioners, to be known by the name of "Burnsville;" and the court house and other public buildings erected at some point thereon, within the distance of five miles from the house of James Greenlee; and after the completion of said court house, the future courts of said county shall be held therein.

III. Be it further enacted, That all suits to which citizens of Yancey are parties plaintiffs and defendants, which have been instituted and are now pending in the counties of Buncombe and Burke, shall be transferred to the courts having jurisdiction of the controversies in the county of Yancey; and it shall be the duty of the several clerks of the counties of Buncombe and Burke to deliver all the papers connected with such suits to the clerks of the courts in the said county of Yancey.

IV. Be it further enacted, That it shall be the duty of the justices of the peace in the said county, at the first court which shall be held under the provisions of this Act, to elect a sheriff, clerk of the County Court, coroner, constables and other county officers, until the first County Court which shall be held after the annual election in August next.

V. Be it further enacted, That it shall be the duty of said court, at its first session, to lay a tax not exceeding one dollar on the poll and one dollar on the hundred dollars value of lands, for the purpose of providing a fund to build a court house and jail in said county.

VI. Be it further enacted, That it shall be the duty of the commissioners appointed by this Act to lay off such lots as they may deem advisable, on the tract of land required to be obtained by the second section of this Act, and to sell the same upon a credit of one and two years; the title deeds to which shall be executed by the chairman of the County Court for the time being, when the purchase in they shall be paid; and the proceeds of such sale shall constitute a part of the public building fund for said county.

VII. Be it further enacted, That until a jail shall be built in the county of Yancey, all persons subject to imprisonment therein may and shall be committed to the jail of Burke or Buncombe counties, at the expense, nevertheless, of the county of Yancey.

VIII. Be it further enacted, That all justices of the peace and militia officers, within the limits of the county of Yancey, shall continue to exercise the same authority which they have heretofore exercised in the counties of Buncombe and Burke.

IX. Be it further enacted, That it shall be the duty of the County Courts of Buncombe and Yancey, at their spring sessions, to appoint two commissioners respectively, who shall receive such compensation as the said courts shall determine, and their duty shall be to ascertain and mark the dividing line between said counties, whenever the same shall be necessary.

X. And be it further enacted, That the said commissioners shall commence their survey and Daniel Carter's fork field and run a direct line from thence to Barnard's Station; from which point the line shall run along the Old Warm Spring Road to James Allen's Road; and with his road, so as to include his house, to the Tennessee line; any thing in the Act to which this is supplemental to the contrary notwithstanding.

Read three times and ratified in General Assembly, the 13th day of January, 1834.

WM. J. ALEXANDER, S.H.C.
W.D. MOSELEY, S.S.

A true copy. WM. HILL, Secretary.

An Act Supplemental to the Act Erecting the County of Yancey, and the Act Supplemental to the Same.

Private Acts, Chapter LXXXV

Acts Passed by the General Assembly of North Carolina in 1833-1834 - Pages 147.

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 nothing contained in the Act erecting the county of Yancey shall be so construed as to prohibit the sheriffs of Buncombe and Burke from collecting all such sums of money as are now due on judgements obtained in said counties, or taxes which may have been laid previous to the passage of this Act.

II. Be it further enacted, That all sums which may be received from the citizens of Yancey, on account of taxes levied for county purposes, by the sheriffs of Buncombe and Burke as aforesaid, shall, after deducting the lawful commissions, be paid to the county trustee of Yancey.

III. And be it further enacted, That this Act, and the Acts to which it is declared to be supplemental, shall be in force from and after the passage of this Act.

IV. Be it further enacted, That the County Court of Yancey shall have exclusive original jurisdiction of all offenses below the grade of felony which may hereafter be committed in said county.

V. Be it further enacted, That all causes, civil and criminal, arising in the county of Yancey, of which by the laws of this State the Superior Courts have original jurisdiction, and all appeals from the County Court of Yancey, may and shall come within the jurisdiction of Buncombe Superior Court.

Read three times and ratified in General Assembly, the 13th day of January, 1834.

WM. J. ALEXANDER, S.H.C.
W.D. MOSELEY, S.S.

A true copy. WM. HILL, Secretary.



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